FINALS acts.
Unlawful questions must be
Employee Recuitment, Selection, Placement, and
Indoctrination
RECRUITMENT
 Is the process of actively seeking out or
attracting applicants for existing positions and
should be ongoing process.
 Interview (as a selection tool)
 A verbal interaction between the
individuals for a particular purposes.
 It focuses on whether or not the
candidate will be a good team leader
rather than on the candidates
caregiving skills.
 Purposes of interview:
 It seeks to obtain enough
informatiom to determine
applicant's suitability for the
position.
 The applicant obtains adequate
information and to make
intelligent decision about
accepting the job should it be
offered.
 The interviewer seeks to conduct
the interview in such a manner
that regardless of the result, the
applicant will continue to have
respect for and good will toward
the organization.
 Types of interview:
 Structured - requires greater
planning
 Semi-structured - requires some
planning the flow is focused and
directed at major topic although
there is flexibility on the approach.
 Unstructured - requires little
planning because the goals for
hiring is not clear.
 Limitations of Interview:
 Subjectivity
 Belief that interviewing is just
about talking to people
 Belief that interviewing is just
about good conversation.
 Legal aspects of interviewing
 Make sure that the application
form does not contain questions
that violate various employment
avoided
 Inquires regarding age, marital
status, children, race,
sexualpreference, financial, or
credit cards, race of origin,
religion = these are deemed
discriminatory.
 Interviewing Tips for Applicants:
 Prepare in advance for the
interview
 Obtain copies of the philosophy
and organizational chart of the
organization to which you are
applying
 Schedule an appointment for the
interview
 Dress professionally and
conservatively
 Practice responses to potential
interview wuestions in advance.
 Arrive early on the day of
interview.
 Greet the interviewer formally and
do not sit down before she does
unless given permission to do so
 Shake the interviewers hand upon
entering the room and smile
 During interview sit quietly, be
attentive, and take notes only if
absolutely necessary
 Do not chew gum, fidget, slouch,
or play with your hair, keys or
writing pen
 Ask appropriate questions
 Avoid a question "what can you do
for me?"
 Answer interview questions
honestly and confidently.
 Shake the interviewers hand at the
close of the interview and thank
him or her time.
 Send a brief thank you note to the
interviewer within 24 hrs of the
interview
 As predictor of job performance
and overall effectveness, the
structure interview is more reliable
than the unstructure interview.
 Overcoming interview limitations:
 Use a team approach
 Develop a structured format for
each job classification
  Use scenarios to determine INDOCTRINATION
 Used multiple  The planned, guided adjustment of an
employee to the organization and the work
environment.
SELECTION  Purposes:
 Establish favorable employee attitude
 The process of choosing from among towards the organization, unit and
applicants the best qualified individual for the department
job or position  Profide necessary information and
 The process involves: education for success in the position
 Verifying the applicants qualification  Instill the feeling of belongingness and
 Checking for work history acceptance
 Deciding if a good match exists between  Phases of Indoctrination
applicant's qualificatin and the a. INDUCTION
organization's expectation.  Takes place after the employee has
 Note: speeding through th selection and hiring been selected but before performing
process is a critical leadership mistake because the job
it increases the risk for hiring the wrong  Educate the employee about the
person. organization and employment and
 Educational and credential requirements personal policies
 To determine if the relationship exist b. ORIENTATION
between these requirement and success  Takes place in the staff development
on the job department
 Reference check and background screening  To make the employee feel like a part
 Premployment testing of fhe team. This will prevent burnout
 Human resources development give and help new employee become
standardized test to measure skills, independent more quickly in their new
imtellect, personality, or characteristics job
 Physical examination c. SOCIALIZATION
 Provides a record of physical condition of
the applicant at the time of hiring
 This can be used to identify applicants who
are potentially have unfavorable attendanc
record or may file excessive claims aside
from what the organization can provide.
 Making the decision
 Finalizing the selection
 Follow up applocants as soon as possible
 Candidates not offered should be notified
as early as possible, and reasons be
provided when appropriate
 Applicants offered the position should be
informed in writing of the benefits salary,
and placement.
 Applicants accept the job offers should be
informed as to the preemployment
procedures
 Applicants who are offered positinz should
be requested to confirm in writing their
intention in writing

Placement
  Can be used as an interactional or
educational process of socialization
b. Negative Sanction
 Provides cues that enable people to
evaluate their performance conciuosly
and to modify bhevaior when needed
 (Bullying, making fun of a new
graduates awkwardness with certain
skills or belittling new employees to
use nursing care that is appropriate)

Roles and Function of DIRECTING

DIRECTING

 the act of issuing orders, assignment,

instructions to accomplish the organizations
goals and objectives
 Nursing care plan is a tool in directing. It
outlines the nursing care to be provided to a
patient
 ELEMENTS OF DIRECTING
a. DELEGATION
STAFF DEVELOPMENT  is getting work dome through others
by transferring responsiblity for an
 A cost-effective method of increasing activity to another without transferring
productivity accountability for the activity.
 Training - an organized method of ensuring  Accountability - means you are
that people have knowledge and skills for the answerable to an authority for th
specific purpose to perform the dutied of the activity
job.  Responsibility - means you
 Learning concepts in meeting the learning perform the activity
needs of staff:  *The key role of the nurse manager is
 Readiness to learn to delegate responsibilities to a
 Motivation to learn Qualified and Competent Person
 Reinforcement  Delegate: The Right Task, To Right
 Task learning Person, with Clear Direction
 Transfer of learning  Why there is a need to delegate:
 Span of memory  Delegation can save money
 Knowledge of results  Helps building skills of subordinate
 Evaluation of Staff development activities  Motivate people to perform higher
 Learners reaction level tasks
 Behavior change  Train people to prepare for greater
 Organizational impact responsibilities
 Cost effectiveness  Allow next in line staff to do the
 Overcoming motivational deficiencies job in the abscence of the manager
a. Positve sanction  Groom successors since nobody is
indespensible.
 Why Managers do not want to
delegate:
 Mistakes in delegation is costly
 Failure to delegate wisely increases
management cost and contributes
to personal dissatisfaction
 Fear on the part of the
management to fully comprehend
the tasks to be accomplished
 Fear of losing control of the staff
 Fear of falling to get others do the
work
 Fear of critcism.
 How to delegate a task
 Clearly understand the complexity
of the task. Know specifically what
needs to be done
 Know the time required to
complete the task. Use an average
time, rather than the shortest time
 Know the skill level required to
perform the task. Avoid equating
skills with titles
 Verify that the staff member has
the skill level to perform the task
and has experience performing the
task.
 Determine if the staff member has
the time to perform the task.
 Develop contingency plan if the
desired outcome isn't achieved
 Establish a level of supervision
required for the task
 Set criteria for evaluating the
outcome of the task.
 Clearly communicate the task to
your staff member
 Confirm that the staff member
accepts responsibility to perform
the task.
 Determine the support and the
equipment the staff member
needs to perform the task.
 Activities that Center on Professional
Judgement that an RN CANNOT
DELEGATE
 Assessing the patient
 Formulating nursing diagnosis and
planning patient care
 Performing interventions that
require proffesional knowledge
and special skills to perform.
 Takes that CAN BE DELEGATED
 Nurse practice act and regulation
 Job description
 Patient needs
 Policies and procedures
 Common Delegation Errors
1. UNDERDELEGATING
 Stems from manager's
assumption that delegation
maybe interpreted as the lack
of ability on his part to do the
job correctly or completely.
 Manager has trust issue
 Insecure
 When manager lacks
experience on the job,
there is the excessive need
to control and be perfect
 "If leadership is a journey, then
respect for its constituent is
the fuel and good stewardship
is its compass"
2. OVERDELEGATING
 The culprit is usually poor
management of time and
insecurity in the part of the
jurse manager in her ability to
perform tasks.
3. IMPROPER DELEGATING
 Delegation of tasks and
responsibilities beyond which
the person cannot perform
properly.
b. SUPERVISION
 Is the active process of directing
guiding and influencing the outcome of
an individuals performance of an
activity or task.
 It entails motivating and encouraging
the staff to participate in actvities to
meet goals and objectives and
personal development
 Supervision begins once the task is
delegated to a member of the staff.
 2 types of Supervision
 Direct Supervision
 May occur when a nurse is
performing a procedure for the
first time or when a complex
procedure that has serious
side effects is performed.
 The nurse managers observes
and directs the staff member
through each step of the task
  Indirect Supervision
 Occurs when the nurse
manager oversees the
performance of a task.
 Close Supervision is Done When
 It has potential for serious harm to
the patient
 Task is complex
 Task requires steps other than
those thatbare normally followed
 Task may have an unpredictable
outcome
 Task is not performed frequently
 The staff member has not
performed frequently.
 Principles of Good Supervision
 Can produce attitude which are
both positive and negative
 Produces positive attitudes when
the employee is concious of the
benefits to herself which she
attritubes to the influence of the
supervisor.
 Produce negative attitude when
the reaction of the workers is
resistance to discipline or actual
fear of demotion or discharge
 Good supervision is focused on
improvement of work rather than
upgrading the worker
 Is based on line of authority,
organizational philosophy, vision,
mission, job description, policies
and standards, needs of individual.
 Good Supervision Focuses on
Development of 3 areas
a. Conceptual - enhance
knowledge through adequate
information and feedback
b. Technical - refinement of skills
through in-service trainings
and seminars
c. Interpersonal - develop
communication skills through
constant dialogues and
conferences
 Good supervision is cooperatively
planned by both management and
staff, and accepts both challenge
or change.
 Good supervision uses a achievement
democratic process to facilitate
 Effective communication
 Continous improvement of
staff
 Respect from individuality of
each taff member, brings
about harmonious relationship
and a conducive social,
psychological and physical
atmosphere.
 The ultimate goal of good
supervision is to Provide safe,
Effective, Quality Care
 Responsibilities of Supervisors
 Duty to teach and motivate the
staff
 Facilitate their work performance
 Be available for consultation
 Perform assessment and
evaluation of work performance
including environmental conditions
and supervision.
c. STAFF DEVELOPMENT
 is planned experience to help employees
perform effectively and efficietly and to
enrich their competence inoractice,
education, administration and research.
 Functions of Staff Development
 Maintain staff efficiency and
effectiveness
 Create quality employees
 Meet staff needs and address their
problem
 Motivate them and improve their self-
confidence, knowledge and skills,
improve performance
 In-Service Training
 Is education for employees to help
them develop skills in a specific
discipline or occupation
 Takes place after an individual begins
her work responsibilities
 Continuing Education Program
 Is a specific learning activity generally
characterized by issuance of a
certfificate or (CEU) for the purpose of
documenting attendance at a
designated seminar or course of
instruction.
d. COORDINATION
 Links the different components of an
organization and leads them toward goal
 Creates harmony to all activities to
facilitate success of work
 e. COLLABORATION
 Manager and health care staff together
with the other members of the health care
team all participate in decision making
process.
f. COMMUNICATION
 The aim is to have people, stop something
they are now doing, do something they are
not now doing, or change the way they are
now doing something. -Anonymous
 The art of conversation is not only the
ability to say the right thing at the right
place and time, but to leave unsaid the
wrong thing at the most tempting
moment.
CRITICAL THINKING
 The cognitive process of examining underlying
assumptions, interpreting and evaluating
arguments, exploring and analyzing
alternatives thereby developing a reflective
criticism for he purpose of reaching a
justifiable reasoned conclusion and correct
judgment.
 It is a higher level cognitive process that
inlcudes CREATIVITY, PROBLEM SOLVING, and
DECISION MAKING.
 Enables the planner to visualize the
alternative courses of action.
c. Queuing Theory
 A powerful tool that helps hospitals and
clinics uncork chrominc problems in the
flow of the patient in ER, OPD
 Queuing Disciplines
1. FIRST IN, FIRST OUT
 Patients are served according to
their order of arrival
2. LAST IN, FIRST OUT
 The last patient to arrive on the
queue is the one who is actually
serviced first.
3. PROCESSOR SHARING
 Patients areserviced equally that is..
they experience the ame amount of
delay.
d. Linear Programming
 Uses matrix algebra to determine the best
way to use limited resources.

DECISION MAKING

 The process of identifyng and choosing a particular

course of action from among several choices.
 Is an end point of critical thinking which leads to
problem solution
 Define the problem
 Assess all options
 Weigh all options against a set of
criteria/standards
 Test possible options
 Consider consequences of the decision
 Make a final decision
 Tools in Decision Making
a. Probability Theory
 Design to address the presence of risk or
uncertainty by looking for predictable
patterns based on historical data thereby
reducing the uncertainty.
b. Decision Tree

Controlling Roles and Function
CONTROLLING
 Phase of management process, performance is
measured against predetermined standards,
and actions is taken to correct discrepancy
between the standards and actual
performance.
 The use of formal authority to assure the
achievement of goals and objectives.
 The control or coordinating function of
management can be critcal determinant of
organizational success.
 Functions of Control
 Serves both as a means and an end
 Effective use of resources
 Provides professional reinforcements
 Maintains actvity and expectations
 Principles of Controlling
There must be:
1. A Critical Few, meaning that fewer people
is involved in control. Brings anout the best
result. Unity of direction/Unity of
command is at play
2. A defines Point of Control, or a
centralization or decentralization of
authority. The level of ARA (Authority,
Responsibility, Accountability) designated
to the nurse leader or manager in terms of
problem solving and decision making.
3. Self-Control or Discipline, which translates
to personal acceptance of responsibility
and accountability.
 Types of Control:
 Feedforward Control
 Focus on operations before they begin.
Goal is to prevent anticipated
problems.
 Example: preparing supplies for the
scheduled surgery, safety system
training programs, budget.
 Concurrent Control
 Refers to processes as they are
happening.
 This include any type of material or
supplies for therapeutic use which
requires direct supervision
 Feedback Control
 Focus on the result of operations
which guide future planning, inputs
and process designs (weekly, monthly,
annual reports)
THE CONTROL PROCESS
A. Establish and specify criteria and performance
standards
1. Standards
 Any guideline established as basis for
measurement
 Precise, explicit statement of expected
results for a product, service, machine,
individual or organizational unit.
2. Time Control
 Relates to deadlines and time constraints
 Material Controls - relates to inventory
and materials needed
 Cost Controls - help ensure that cost
tandards are met.
 Employee Performance Control -focus
on the actions and behaviors of
individuals and groups of employees.
(Ex. Tardiness of employee, abscences,
accidents, quality and quantity of work.
 Budget Control - refer to cost or
expenses related to standards
 Identify the quantity of materials
used and production output.
3. Financial Control
 Facilitates achieving the organizations profit
(ex. Budgetting)
4. Operations Control
 Assess how efficiently and effectively an
organization's transformation processes
create goods and services. This include
TQM (Total Quality Management) and
inventory management control
5. Statistical Process Control
  Is the use statistical method and
procedures to determine whether
production operations are being performed
correctly.
6. The Just In Time System
 The timely application of mayerials for use
in case nueses need it for patient care
 Communication, coordination and
cooperation are required from supervisors
and employee to deliver the smallest
pissible quantities at the latest possible
date at all stages.
B. Monitor and Measure Performance of Nursing
Care Services and Evaluate it against the
Standards through Records, Reports, and
Observations
 Techniques Monitoring and Measuring Service
1. Nursing Rounds
 Nurses pay particular attention to
issues of patient care and nursing
practice.
 This will also find out if the needs and
problems of patient are met or unmet
2. Quality Assurance
 Monitors compliance of nursing
personnel with established standards in
terms of nursing care given to patients.
3. Nursing Audit
 Consist of documentation of the quality
of nursing care in relation to the
standards established by the nursing
department.
 Purposes of Nursing Audit
 It prioritizes nursing care by
promoting optimun nursing care
 It can identify differences in the
organization and administration of
nursing care, and may be used to
correct such differences through
continuing education and
administrative change.
C. Compare performance with Standards, Models or
Criteria to determine deviations or differences in
Performance
1. Program Evaluation and Review Technique
(PERT)
 Employ a matrix that uses a network of
activities represented in a chart, including
time management, budget, goals or
product desired
2. Benchmarking
 Seeks out the best so as to improve its
performance
 Provides a standard or point of reference in
measuring or judging such factors as
quality, values and costs.
D. Enact Remedial Measures or Steps to Correct
Deviations or Errors
 Correction of deviations or errors
 Better selection and training of
subordinates
 Changing the number of personnel
 Adding more materials or resources to
minimize or eliminate errors
 Use of the master control plans
depicting its functions, goals nd
ibjectives
 Take necessary plan
 Supervisor takes immediate corrective
action
 CHARACTERISTICS OF THE CONTROL PROCESS
1. Control process is cyclical which means it is
never limited
2. Controlling often leads to management
expecting employee to change
3. Control is both anticipatory and
retrospective
4. Ideally each person in the health care
delivery views control as his or her
responsibility
5. Controlling builds on planning, organizing
and leading.
 Elements of Controlling
1. Performance Appraisal
 Is a method of acquiring and
processing information needed to
improve the individual's performance
and accomplishment
 It consist of setting standards and
ibjectives, reviewing progress having
on going feedback between the
appraiser and the one who is being
appraised, planning for reinforcement
deletion of identified behavior as
necessary.
 The purpose of evaluation is to assess
the appropriateness, adequacy,
effectiveness and efficiency of the
services
 Performance Appraisal Tools
a. Trait Rating - this method of rating
a person against a set standards
which may be the job description,
desired behvaior and personal
trait.
 b. Job Dimension - it focuses on job  Occurs when rating an
requirements and the quality work employee very low because of
c. Behaviorally Anchored Rating error committed.
Scale - focuses on desired
behaviors to improve performance
d. Checklist - cpmposed of behavioral
statements that represents
desirable behavior
e. Peer Review - a collegial evaliation
of the performance done to
promote excellence in practice
amd offer information, support,
guidance, criticism and direction to
one another.
f. Self-Appraisal - this tool allows the
employee to evaluate his own
performance, this will remind your
boss all the good things you did.
 Common Errors in Appraisal
1. Halo Effect
 Tendency to overrate the staff
based on tge rater's first
impression
 Evaluation is based on the
good traits or good things one
sees in a person.
2. Logical Error
 The first encounter may
provide the rater the qualities
or specific traits which serves
as bars to the quality of
performance of the rate.
3. Central Tendency Error
 This rates the staff average,
usedby rater when the
feedback tools are inadequate TOTAL QUALITY MANAGEMENT
and there is no sufficient time
for the rater to observe the  Is based on the premise thatbthe individual is the
rate. focal element in which production and service
4. Leniency Error depend (that is.. it must be a customer-responsive
 There is the prospensity to environment) and that the quest for quality is an
overlook or observe the ongoing process.
weaknesses and mistakes of  It is identifying and doing the right things, the right
the person being leading to way, the first time, and problem-prevention
inaccurate picture of the job planning - not inspection and reactive problem
performance solving - lead to quality outcomes.
5. Hawthorne Effect  TQM is also referred to as Continuous Quality
 Behavior of the rater changes Improvement (CQ), a philosophy developed by Dr.
simply because he is observed Edward Deming.
by the rater.  It assumes that production and service
6. Horn's Effect focus on individual and that quality can
always be better.
 *A critical component of TQM is the
empowerment of employees by providing
positive feedback and reinforcing attitudes and
support quality and productivity.
 TQM
 is aimed at embedding awareness of
quality in all organizational process
 A management approach for an
organization, focused on quality, based on
the participation of all its members and
aimed at long-term success through
customer satisfaction and benefits to all
membersbof fhe organization and society.
 Basic Principles of TQM
1. Focus on achieving customer
satisfaction
2. Seek continuous and long term
improvement in all the organization's
processes
3. Take steps to ensure the full
involvement of all the enitre work
force in improving quality.
 TQM Paradigm
 TOTAL - involving the entire
irganization, the entire chain, and/or
product or outcome life cycle
 QUALITY - with its usual characteristics
with allits complexities tomeet total
client satisfaction
 MANAGEMENT - the system of
managing the organization with steps
like Planning, Organizing, Controlling,
Provisioning and the like.
 Who should be involved in TQM?
 Everyone in the organization because
each individual is a recipient of the
benefits
 Engagement of frontliners staff
appears to be especially critical when
sustaining Quality Improvement efforts
such as Transforming Care at Bedside.
 Engages leaders at all levels of the
organization, empowers frontline staff
to improve care process and engages
family members and patients in
decision making about their care
 Ex. Medication Error
 TQM identified 5 steps in medication
reconciliation
1. Develop current list of medication
2. Develop list of medication to be
prescribed
3. Compare medications in two lists
4. Make clinical decisions based on
the comparison
5. Communicate the new list to
appropriate caregivers and to the
patient.
 Medical Errors: Ongoing Threat to Quality of
Care
 Medical Errors - adverse events that could
be prevented given the current state of
medical knowledge.
 Medication Errors - event that ay causeor
lead to inappropriate medication use or
garm whole the medication isin the
compntrol of the health care professional,
patient and or consumer
 Measures:
 Reporting and analyzing errors
 Need to increase both the
mandatory and voluntary reporting
or medical errors
 Organizational culture must be
created that remove blame from
the individual
 Focus on how the organization
itself can be modified to reduce
the likelihood of such errors
occuring in the future.
 *Ignoring the problem of medication
errors, denying their existence, or
blaming the individuals involved in the
process does nothing to eliminate the
underlying problems.
Factors that Determine Quality Health Care
 Effectiveness
 Relates to providing care process and
achieving outcomes as supported by
scientific evidence.
 Efficiency
 Relates to maximizinb the quality of a
comparabls unit of health care delivered.
 Equity
 Relates to providing health care of equal
quality to those who may differ in personal
characteristjcs other than their clinical
condition or preferencez for care.
 Patient Centeredness
 Relates to meeting patient's needs and
preferences and providing education and
support
 Safety
  Relates to th actual or potential bodily
harm.
 Timeliness
 Relates to obtaining needed care while
minimizing delays.
JURISPRUDENCE
RA 9173 - Nursing Law (2002)
LAW
 Set of rules and regulation that maintain peace
and order.
 2 origins:
 Divine Law - law of God
 Holy scriptures
 Halal
 Religion
 Mankind thinks this law is insufficient
 Human Law - Law of Men
 4 Fundamental
1. Constitution - fundamental rule of
the Land
 title: 1987 Phil Constitution
2. Criminal Law - law that protects us
from crimes
 Mala Insi - crime that consider
naturally evil and wrongful
 Mala Prohibita - wrongful and
prohibited actions
3. Civil Law - law that protects our
property, our ownership, our
dignity and our being as a person.
Damages of property. Regulates
the torts (negligence) and
damages. Torts = Damages
(monetary)
4. Administrative Law - law that
regulates government offices,
institutions, professional
regulations, board of nursing, own
of the government, CHED, (All
government owned)
 RA 9173 - Nursing law
(regulates the practice of
nursing) discusses the scope
and practice of the nursing
 RA 7160 - local government
code (budget of CHN) nursing
approach of Nursing.
LIABILITIES
 Rsponsibility of the moment you breech the
law
 3 common type
1. Criminal Liability - when someone
performs a mala insi and mala prohibita
with 3 elements:
a. Intent - gusto, free willingness to
perform the wrongful act.
b. Knowledge - you know what you did, a
criteria for criminal liability
c. Freedom/Free will - your free but
ginawa pa rin
= IMPRISONMENT
 Felony other term of Crime (number of
years of prison
a. Grave Felony - being impriosn of
12-20 years
 Reclusion Perpetua - 20-40
years
b. Less Grave Felony - imprisoned for
6 -12 years
c. Light Felony - 1-6years
2. Civil Liability - the moment you violate
personal property or slander
 Torts - damages of the property that
cause negligence
 Damage -
= PAYMENT in the form of MONETARY
3. Administrative Liability - happens the
moment you breach the RA 9173. Penalty
is suspension that categorized in 3 levels:
a. Oral Reprimand - sasabihan and
ipapatawag
b. Memorandum/Written
Admonishment
c. Suspension - a max of 6 months
d. Terminated - if utrohon.
e. Revoke - not permanent license for 4
years. Temporary cancellation of
license. It can release earlier due to
payment is done
 Reason: Remove
CIRCUMSTANCES
 Article 14 of the revise Penile code of
philippines
1. Aggreviating Circumstances - it increases
the degree of penalty, being an
profssional nurse
a. Power/Authority - using the authority
to commit a certain wrongful act
 b. Profession - to perform a wrongful act
by profession
c. Pwersa Mayor/Force Major - instead
tabangan gikawatan. You take
advantage of the situation in the acts
of God
d. Planning /pre meditation - plan the
act of crime
2. Mitigating Circumstances - decreases the
degree of the penalty
a. Minor Age - 15-17 yrs old
b. Disability - Raped by PWD
c. Senile - 70 yrs old above very old
d. Voluntary Admission - admit of guilt
3. Justifying Circumstances - there might be
injury, damage property, offended, and
death. But the person is not held liable
because hes justifiable.
 Contributory Negligence - the cause of
injury towards himself
4. Exempting Circumstances - presence of
injury and the person is guilty but the
person is not held liable the person lacks
the person discernment (the capacity to
know what is right or wrong
a. Minority - the person is less than 15
years old
 "If the mind is not guilty then the
action is not guilty
b. Embecile - "isip-bata"
c. Insanity - buang/baliw, the person
does not know wrong and right
 Lucid Interva - state of normalcy
5. Alternative Circumstances - impossible
crime
CONSPIRACY
 Two or more people to agree a crime
1. Principal -
a. Inducement - the person is the
mastermind (motivate, and reward,
encourage to do a wrongful act)
b. Direct paticipation - execute the crime
c. Indispensable cooperation - the
participation of the necessarry (ug dili
mutabang dli mahitabo)
2. Accomplice - (before and during) helps
performance of the crime but dili
necessary
3. Accesory - (after) person that hides the
elements or evidence
DEGREE OF CONSUMATION
1. Attempted - the action was not completely
done and the goal is not completely met
(action (-) = goal (-))
2. Frustrated - the action was completely done
but the goal is not met (action (+) = goal (-))
3. Comsumated - the action was completely done
but the goal is met (action (+) = goal (+))
WITNESS and EVIDENCE
 Burden of proof is necessary we need to
consider the witness that can satisfy the court.
 The court will issue a document SOBPOÉNA (a
doucment that act as witness) - to invite
someone that could bring an ecidence to tne
court
1. Ad testificandum - a legal document issued
by the court to testify the court. Legal
documents.
2. Duces Tecum - invited by the court to bring
a legal document
EVIDENCE
1. Prima Face Evidence - the primary evidence in
a case. First evidence that was seen. Not
considered absolute or personal because of
foul play. Needs to scrutinize by the court.
WILLS and CONTRACTS
 Sedimentary capacity
 WILL - a testimantary capacity. Vested to the
person with judicial capacity (legal age, sound
mind and not limited by law) who transmit its
ownership to his spouse, children, relatives
amd friends with a use of legal document.
Properties such as business, money, car etc. A
legal procedure that will transfer your
ownership to another individual.
1. Last Will and Testament - notorial will. A
will created by the lawyer and sugned with
3 witness
2. Holographic Will - autographic will.
Created by the stater himself and signed.
 Procedures under the cintext of WILL
1. Divestment - process ng pagbibigay ng
ariarian
a. Decedent - giver (maghatag sa prperty)
= testator (pagnakagawa will) =
intestate (wala nakagawa ng will
 Testator - nakabuhat ug will
 Testatrix - babae ang gumawa
 Intestate - wala nakagawa ng will
 b. Devesee - Receiver
 (Heir / Successor)
 Legaltee (anak paingun ug wala
kabuhat will)
 Escheat (Doctrime) - sa
government padulong (if no
relatives, children legaltee or
receipeint)
c. Devise - Gift (donation/property)
 Needs to sign the acceptance of
ownership
 Probate Proceedings - a procedure
To validate the legalty of the will
2. Contracts - when two or more peopl that
agree something. Its necessary that the
object shoukd be specified. Forms are
importants. (Legal Age (judicial capacity)
Sound mind, Not prohibited by the law,
Free will and freedoem)
 Forms:
1. Formal Contracts - that are written
and signed by the lawyer
2. Informal Contract - created by the
two agree parties only but not
notarized
 Classification
a. Express Contract - the object is
soecifed and express, clearly
specified.
b. Implied Comtract - the object is
not specified. (Treatment consent
form) (Assumptions)
 Physical - lock sa room
 Chemical - sedentation
d. High Crimes
1. Abortion - termination of preggy and
illegal to phil
 Therapeutic
 Save mother
 Terminate the baby
2. Infanticide - child is killed less than 3
days
3. Paricide - killing of direct to keen
(mama or papa)
4. Homicide - unplanned killing,
unintentional
5. Murder - planned killing
6. Euthanasia - mercy killing under
murder
7. Robbery - with force
8. Theft - w/o force and aggression
9. Forgery - copying the signature of
others
10. Perjury - false under oath, asked and
failed to answer the right answer
5. LATIN MAXIMS
a. Respondeat Superior - let the head or
master to be answerable to the liability of
the subordinate (the master is held
liableby the doings of employee)
b. Res Ipsa Loquitor - the thing speaks itself
c. Force Major - act of God or naturally
calamity

NURSES and CRIMES

1. Negligence - (action) a commision or omission

of an act by a prudent person that resulting
into an injury to another person.
2. Malpractice - (case) proffesional negligence : it
is a commision or omission of an act by
imprudent proffesional that results to an injury
of another person
3. Defamation - paninirang puri
a. Oral Defamation - slander
b. Written Defamation - libel
4. Intentional Torts
a. Assault - a sin, oral threat or verbal threat
b. Battery - unlawful touching or giving
physical harm and relative to giving
intervention and medication. (Ex. You gave
the med even though wala musugot and
patient)
c. Illegal Detention - false imprisonment