Professional Growth & Development

Philippine Midwifery Licensure Examination

Professional
Growth &
Development
Philippine Midwifery Licensure Examination
Professional Growth & Development
Philippine Midwifery Licensure Examination
MIDWIFE
• A specialist in normal pregnancy and birth
• Qualified to work after a pregnant woman and her
baby throughout the antenatal period, during labor
and birth, and for up to 28 days after birth (postnatal)
MIDWIFERY PRACTICE
• Profession
o A calling requiring a specialized knowledge and
often long, and intensive academic preparation. It
includes all the following:
▪ Requires intensive training and academic
preparation to qualify its members to render a
particular type of service to the public.
▪ Committed to serve the society, service-
oriented, and not profit-oriented.
▪ Has own body of knowledge.
▪ Means of employment, livelihood, and
occupation for its members.
HISTORY
• The midwifery practice is first regulated in the
Philippines with the enactment of Public No. 310 on
December 4, 1901.
• When R.A. 2382 (Medical Act of 1959) was
approved, the regulation of midwifery was separated
from medicine.
• A board exam for midwives was subsequently
created with the enactment of R.A. 2644 on June 18,
1960.
• Dr. Jose Fabella
o The first appointed DOH secretary and the
founder of the first School of Midwifery in May
1922.
▪ This school is now known as Dr. Jose Fabella
Memorial Hospital (formerly Maternity and
Children’s Hospital)
▪ The school was founded by Dr. Fabella as a
response to the high infant mortality rate in the
Philippines.
FUNCTIONS OF MIDWIFE
• Traditional Function
o Supervision and care during pregnancy, labor,
and puerperium.
o Detection of abn. conditions, mgt. of normal
deliveries on her responsibility.
o Provides health education.
o Procure medical supplies.
o Perform emergency care.
o Care of newborn and infant including detection
of abnormalities.
• Expanded Function
o Dispensing of oral and parenteral oxytocin
drugs (during 3rd stage of labor).
Professional Growth & Development
Philippine Midwifery Licensure Examination
o Suturing of perineal laceration.
o Giving IVF during OB emergencies.
o May inject Vitamin K in newborns.
DIFFERENT FIELDS OF MIDWIFERY
• Private Practice
o Operates own lying-in clinic or day care center.
o Responsible for own actions and handle normal
cases only.
• Institutional Midwife
o Employed in hospitals, clinics, day care center.
o Under direct supervision of a nurse or doctor.
• Midwifery Education
o Clinical Instructor
▪ Follow-up students in community or ward.
▪ With at least 2 years of experience in area of
assignment and undergone training and
supervision of students.
o Classroom Instructor
▪ Registered nurse-midwife
▪ With bachelor’s degree (preferably BSM)
▪ At least 1 year of satisfactory teaching
experience.
▪ 1 year of efficient performance in the ward or
community.
o Principal
▪ Registered nurse-midwife
▪ With bachelor’s degree (preferably BSM)
▪ At least 3 years of experience in maternity
ward
❖ 1-year supervisory position
❖ 2 years teaching experience in school of
midwifery
• A midwife is not practicing her profession is he/she
is working as a:
o Clinic secretary or receptionist
o Nanny
o Spa attendant
o Caregiver
o Nursing attendant/aid
PROFESSIONAL ORGANIZATION OF MIDWIVES
IN THE PHILIPPINES
PHILIPPINE MIDWIFERY ASSOCIATION
(PHIMIDAS)
• Created by alumni in 1947.
• Headed by Atty. Angelina I. Ponce.
• The first national convention was held in August
1961.
NATIONAL FEDERATION OF FILIPINO MIDWIVES
(NFFM)
• Head by Mrs. Leoncia Chuatoco.
• Formally registered with SEC in August 22, 1961.
INTEGRATED MIDWIVES’ ASSOCIATION OF THE
PHILIPPINES (IMAP)
• In 1974, PHIMIDAS and NFFM integrated and
became the IMAP.
• Mrs. Juana Reyes is the first IMAP president.
• Ms. Dionica L. Saquilon, RM, MPA is the current
IMAP president.
• Created and accredited by PRC on September 5,
1975.
• Registered in SEC on March 17, 1976.
• This is now the national organization for all
registered midwives.
• This association is where midwives can train and
acquire CPD/CPE units.
• Classification of members:
o Active
▪ Graduate registered midwives with a right to
vote and participate.
Professional Growth & Development
Philippine Midwifery Licensure Examination

ASSOCIATION OF PHILIPPINE SCHOOLS OF

o Affiliate MIDWIFERY (APSOM)
▪ Members of graduating class but with no • Concerned w/ the welfare of midwifery students.
voting privilege. • Maria Teresa “Mhet” Padilla is the current
o Associate president.
▪ A RN-RM and/or graduated a 4-year course
degree but has no right to vote.
o Honorary
▪ Not necessarily a graduate midwife but any
individual who had rendered meritorious work
in the past for the development of the
Midwifery profession or assisted in the
promotion of transparency focusing more on
the interest and welfare of the association.
o Consultant
▪ Husband of a midwife who are lifetime
members.
▪ Must own at least one lying-in clinic or
birthing home.

PHILIPPINE LEAGUE OF GOVERNMENT AND

PRIVATE MIDWIVES, INC. (PLGPMI)
• Founded by Cecilia Banca Santos.
o She was also the first midwife undersecretary of
DOH.
• Florminda Tejano is the current PLGPMI president.

INTERNATIONAL CONFEDERATION OF
MIDWIVES (ICM)
• Alice Sanz de la Gente
o First Filipina ICM president.
o Term
▪ 1996-1999
• Sandra Oyarzo Torres is the current ICM president.
o Term
▪ 2023-2026
• You must be a president of a midwifery
organization to become a member of ICM.
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Philippine Midwifery Licensure Examination

FUNCTIONS AND ROLES OF RURAL HEALTH
MIDWIVES AS PER DOH A.O. No. 14 of 1991
MANAGEMENT
• In planning and budgeting, the RHM:
o Prepare annual health plans for her barangay
(area-based planning methodology)
▪ Involves local barangay officials
community leaders.
▪ Collect necessary barangay
information.
▪ Identify problem causes.
▪ Formulates goals and measures.
o Consult with immediate superiors or submit list
of her training needs.
o Properly used equipment, drugs, and other
supplies according to treatment
management guidelines used by the DOH.
▪ Includes the following:
❖ Proper recording and accounting of
equipment, supplies and materials received,
disbursed, and utilized/distributed.
❖ Maintenance and referral, and repair of
equipment.
HEALTH CARE
• In order to provide the best possible quality at
service from a wide range of health services for the
individual patient, the RHM shall:
o Learn all basic knowledge and health needs.
o Make thorough assessment and health needs.
o Provide range of basic maternal and childcare
(continuity of health care)
▪ Completion of TT doses of pregnant women
before and after delivery.
▪ Promotion and monitoring of growth from
birth until the age is fully rehabilitated.
▪ Regular prenatal, natal, and postnatal,
postpartum care including family planning
services.
o Conduct clinics in her barangay in her
catchment area
▪ At least once a week if barangay is accessible
within 2 hrs. by regular routes.
▪ At least once a month if barangay can be
reached only after 12 hrs. using regular route.
and o Records all health services rendered
▪ Maintain a recording and filing system
level ▪ Keep a supervisory record book for
supervisors’ comments and recommendation.
EPIDEMIOLOGY & STATISTICS
• Disease surveillance
o Report incidence of disease
o Monitor the occurrence of disease (charting and
graphing them on a weekly basis)
and
• Alert MHO of any unusual increase in the disease
incidence.
• Registration of births, death, and other cases.
• Program accomplishment feedback, regularly
report service performance using FHSIS.
COMMUNITY HEALTH & ORGANIZATION
• To promote community participation in healthcare,
the RHM shall:
o Identify community leaders and health
volunteers and other GO’s and NGO’s.
o Enhance the area-based barangay health plan.
▪ Community meetings and assemblies
▪ Health education sessions such as mother’s
crafts, mother’s classes, hilot classes, BHW
trainings, and others.
o Organize and monitor PHC committees and
actively participate in existing community health
in barangay.
o Regularly follow-up and extend technical
support to BHWs, hilot, and other HCWs within her
catchment area.
Professional Growth & Development
Philippine Midwifery Licensure Examination

PHILIPPINE MIDWIFERY LAW (R.A. 2644) ➢ Lourdes S. Mangahas

• Under R.A. 2644, the Board of Examiner is
composed of three:
o One chairman
▪ First chairman:
❖ Dr. Valeriano C. Fugoso Jr.
o Two members ➢ Liwayway S. Piedad
▪ First members:
❖ Atty. Angelina I. Ponce
❖ Vicente Castro-Ponce

PHILIPPINE MIDWIFERY ACT OF 1992

(R.A. 7392)
• This act was approved and enacted on April 10, ❖ One RN-RM
1992. ➢ Lerma M. Valenzuela
• Signed into law by former Pres. Corazon C. Aquino.

CONTENT
ARTICLE I
• Sec. I - Title
o Philippine Midwifery Act of 1992
ARTICLE II • Sec. III - Qualifications
• Sec. II - Composition o Each member must have the following

o Composed of the following: qualifications:

▪ One chairman ▪ Citizen and resident of the PH

❖ Obstetrician ▪ Be of good moral character

➢ Dr. Melchor C. Dela Cruz Jr. ▪ At least 30 years of age

▪ Not a member of the faculty, whether full-
time, part-time or lecturer, of any school,
college, or university, where a regular course in
midwifery is taught, and shall not have any
pecuniary interest directly or indirectly, in such

▪ Four Members institution during his term as a Board member.

❖ Three RMs o Chairman

➢ Corazon F. Landicho ▪ Registered OB

▪ With at least 10 years of experience as an OB
prior to appointment.
o Three members
▪ Must be RMs
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Philippine Midwifery Licensure Examination

▪ A degree holder, preferably in the field of ❖ Writes policies and guidelines.

health and social sciences ❖ Rulemaking power of the board.
▪ Have at least 10 years practice as midwives ▪ Quasi-judicial
prior to the appointment, with 5 years in ❖ Conducts investigation and hearing.
supervisory position. ▪ Determinative Power
o One member ❖ Examining Power
▪ Must be RN-RM ➢ Conducts examination.
▪ Have at least 10 years of experience as ❖ Corrective or Directing Power
registered nurse-midwife ➢ To issue certificate of registration.
o Steps in appointment of the BOM ❖ Enabling Power
▪ IMAP (nominating body) ➢ To regulate with approval (i.e., grants
▪ PRC (recommending body) certificate of registration)
▪ President of the PH (appointing body) ❖ Dispensing Power
• Sec. IV – Term of Office ➢ Grants exemption
o All members will have 1 term to hold office, ❖ Discretionary Power
which is equivalent to 3 years, and have a ➢ Decides if you are eligible to take the
maximum of 2 terms, which is equivalent to 6 exam.
years. • Sec. VI – Compensation of The Board
o Appointment of the Board: o Chairman
▪ Regular Appointment ▪ Two steps higher than the members or
❖ Has been chosen and appointed by the equivalent to the PRC commissioner (SG 18).
President of the Philippines. o Members
▪ Ad-Interim Appointment ▪ Two SG lower than the PRC commissioner
❖ Appointed to substitute, to replace, or to (SG 18).
fill the vacant position. • Sec. VII – Removal of The Board
▪ The doctrine of hold-over o Incompetence
❖ A member can hold office until the ▪ Continuous neglect of duty.
successor has been appointed. o Commission
o Quorum ▪ Tolerance of irregularities in the board
▪ At least 50% plus 1 should be present. o Unprofessional
❖ The purpose of the plus one is to be the tie ▪ Immoral, and dishonorable conduct
breaker. • Sec. VIII – Supervision of The Board and
• Sec. V – Duties & Responsibilities of The Board Custodian of Records
o Powers of the Board: o All records including examination papers,
▪ Ministerial Power results, min. of deliberation, records of
❖ In obedience to the mandate of a legal administrative cases and investigations of the
authority (i.e., administer oath) Board shall be kept by the PRC.
▪ Quasi-legislative
❖ Promulgates rules and regulation.
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Philippine Midwifery Licensure Examination
• Sec. IX – Rules & Regulation
o The board shall set ethical and professional
standards for midwifery practice.
• Sec. X – Annual Report
o The BOM must submit a report to PRC yearly.
ARTICLE III
• Sec. XI – Examination Required
o All applicants for registration to practice
midwifery in the PH shall be required to undergo
an exam.
• Sec. XIII – Prerequisite & Qualifications of
Applicants for Examination
o Midwifery Licensure Examination (MLE)
▪ Qualifying exam by the BOM and PRC for
persons who have completed
requirements and intends to
midwifery in the PH.
▪ Purpose is to protect and safeguard the
health, safety, and welfare of the public.
▪ Removes unqualified persons from practice.
▪ Pre-requisites to take the MLE:
❖ Is in good health and of good moral
character.
❖ A graduate of midwifery in a government
recognized and duly accredited institution.
o At the time of issuance of registration, the
applicant must be at least 18 y.o.
• Sec. XXI – Inhibition Against the Practice of
Midwifery
o Misdemeanor
▪ Imprisonment of no less than 2 yrs. or more
than 7 yrs., or a fine of not less than PHP
10,000.00 or more than PHP 30,000.00, or
both upon the discretion of the court.
• Sec. XXII – Foreign Reciprocity
o Types of citizenship:
▪ Natural born citizen of the Philippines
❖ Those whose father or mothers are
Filipino citizens at the time of their birth.
▪ Jus sanguinis (by blood)
❖ Based on the citizenship of the parents
▪ Jus soli (Birthplace)
❖ Citizenship acquired by place of birth.
❖ This type of citizenship is used by the
Philippines.
▪ Naturalized Citizen of the Philippines
❖ Adoption of a foreigner to the native land.
❖ Aliens become citizen.
▪ Expatriation
❖ The voluntary departure from one’s
native country to another country to live
there permanently or for an extended
period.
course ▪ Repatriation
practice ❖ Gaining back citizenship.
o Registration by reciprocity
▪ Requirements for regularization substantially
the same.
▪ Principle of “du ut des”
▪ Registration has not been suspended or
revoked.
▪ Consultants in foreign funded, joint venture,
or foreign assisted project.
▪ Health professionals engaged in
humanitarian mission for a limited period.
• Sec. XXV – Revocation & Suspension of
Certificates
o Suspension
▪ Temporary withdrawal of the right to practice
the profession.
▪ After suspension, the midwife is still a
member of the midwifery profession.
o Revocation
▪ The cancellation of the midwife’s certificate of
registration or professional license.
▪ Grounds for revocation:
❖ Immoral and dishonorable conduct
❖ Conviction of crime or moral turpitude
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Philippine Midwifery Licensure Examination

❖ Unprofessional conduct ❖ Illegal Detention

❖ Malpractice ➢ Confinement of a person without any
❖ Incompetence court warrant.
❖ Negligence ▪ Unintentional Torts
❖ Serious ignorance ❖ Unintended accident that leads to injury
❖ Assisting in or performing abortion and property damage.
❖ Using fraud, deceit, or false statements to ❖ Negligence
obtain a certificate of registration ➢ Failure to take the proper care in doing
For full reference, view R.A. 7392 something, resulting in damage or injury
to another.
CAUSES FOR SUSPENSION & REVOCATION OF
➢ Elements required:
LICENSE
 Existing injury
• Tort
o Any legal wrong committed against any person,  Breach of duty

his rights, or property.  Injury resulting from such failure

o Two types of tort:  Casual relationship as regards to

the failure to perform one’s duty.
▪ Intentional Tort
➢ Common acts of negligence:
❖ Assault
➢ Imminent threat or harmful/offensive  Failure to report observations to

body contact. attending physician.

❖ Battery  Failure to exercise the degree of

diligence which the circumstances
➢ Intentional, unconsented touching of
another person. to the particular case.

❖ Invasion of Privacy  Mistaken identity

➢ Freedom from unwarranted publicity  Wrong medications, wrong

or exposure. route, wrong dose

➢ Intrusion to personal life.  Defects in equipment that may

❖ Defamation result in injuring the pt.

➢ The action of damaging the reputation  Errors due to family assistance

of someone  Administration of medicine

 Slander without doctor’s prescription.

 Oral defamation ➢ Doctrines:

 Libel  Res ipsa loquitor

 Written defamation  The thing that speaks for itself

 Cyberlibel  Respondeat (Respondent) Superior

❖ False Imprisonment  The principal answers for the act

➢ Restricting movements of its agents.

 Does not shift liability to
employer or master.
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Philippine Midwifery Licensure Examination

 Elements to prove existence:

*Superior-subordinate
relationship
*Subordinate received task or
order from superior to be
performed.
*Injury or damage must result
from said task.
*Task or order was performed
with the knowledge or authority of
superior
*Captain of the ship – liability of a
surgeon as the head in the OR.
 Force majeure
 Acts of God
 Fortuitous events
❖ Malpractice
➢ Practice beyond the scope of authority
resulting in injurious or non-injurious
consequences.
➢ Elements to prove existence:
 There is a standard of care which is
required to be followed by a
particular profession.
 Midwife is said to follow standard of
care.
 Midwife exceeds limit of his
authority or failed to reach level of
standard expected by her/him.
❖ Incompetence
➢ Lack of ability or legal qualifications if
fitness to discharge the requirements for
duty.
Professional Growth & Development
Philippine Midwifery Licensure Examination

ETHICS DIVISION OF ETHICS

• Principle of right or wrong conduct • Acts of Man
o Actions done unconsciously and without free
ETHICAL THEORIES
will.
• Natural Law
• Human Act
o Man should live life according to inherent
o Performed consciously and knowingly (i.e., use
human nature.
of free will and intellect).
• Deontology
• Morals
o People should adhere to their obligations and
o From the Latin word “mores”, which means
duties when analyzing an ethical dilemma (i.e.,
customs or values.
duty bounded).
o This refers to what societies sanction as right
• Utilitarianism
and acceptable.
o Ethical theory that determines right from wrong
o Fundamental standard of right and wrong, often
by focusing on outcomes.
based on religious beliefs.
o Two types:
• Mores
▪ Act Utilitarianism
o Established pattern of action to which an
❖ Acts that benefit most people, regardless
individual must conform (i.e., customs enforced
of feelings, societal constraints, or laws.
by social pressure).
▪ Rule Utilitarianism
• Morality
❖ Seeks to benefit the most people but
o System of behavior regarding standard of right
through the fairest and most just means
and wrong behavior.
available.
• Law of Conscience
• Virtue Theory
o People cannot be forced to facilitate practices or
o Judges a person by his character rather than by
procedures to which they object for reasons of
an action that may deviate from his normal
conscience.
character.
• Virtue
• Rights
o A good habit that enables us to act according to
o Rights set forth by a society that are protected
right reason, enlightened by faith.
and given the highest priority.
o Four cardinal virtues:
o This is considered to be ethically correct and
▪ Prudence
valid since a large or ruling population endorses
❖ Judge between actions with regards to
them.
appropriate actions at a given time.
• Casuist
▪ Justice
o Compares current ethical dilemma with
❖ Proper moderation between self-interest
examples of similar ethical dilemmas and their
and rights and needs of others.
outcomes.
▪ Restraint or Temperance
o Creates the best possible solution according to
❖ Self-control, abstention, and moderation.
others’ experience.
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Philippine Midwifery Licensure Examination

▪ Courage or Fortitude
❖ Forbearance, endurance, and ability to
confront fear and uncertainty, or
intimidation.
• Misfeasance
o Unintentional act of causing harm while
performing legal actions.
• Malfeasance
o An act that is ought not to be done.
• Nonfeasance
o Failure or refusal to do an act which is required
to be done.
Professional Growth & Development
Philippine Midwifery Licensure Examination
BIOETHICS
• Principles that are used to guide ethical thinking,
based on a shared moral belief.
ETHICAL FRAMEWORKS FOR DECISION
MAKING
PATIENT’S BILL OF RIGHTS
• Right to considerate and respectful care.
o HCP avoids discriminating acts.
o Tender loving care.
• Right to information about diagnosis, treatment,
and prognosis.
• Right to informed consent.
o Refers to the capacity of the pt. to accept and
refuse treatment.
o Pt. has the right to refuse provided that:
▪ He/she is of legal age.
▪ Has sound mind.
▪ Release obligation relative to
consequences of his decision for refusal.
❖ In signing a waiver, the midwife present
will serve as the eyewitness.
• Right to an advance care directives.
o Make known in writing the wishes or preferences
of the pt. when no longer able to speak for himself.
• Right to privacy.
• Right to confidentiality.
o All records and communications held in
confidence must not be disclosed.
• Right to service and transfer.
• Right not to be subject of research or experience.
• Right to expect reasonable continuity of care.
• Right to examine and receive explanation of his bill..
o Right to know hospital rules and regulation.
• Right to religious beliefs.
• Right to correspondence and receive visitors.
• Right to express grievance.
CODE OF ETHICS
• The midwifery code of ethics is under the Board
Resolution No. 557.
• Preamble
o Simply a criteria or measures by which a
midwife may be guided in her professional
conduct and in her relationship with others.
• Sec. I
o Primary objective is to render service and
respect human beings.
o Patient-centered.
• Sec. II
o Continually improve knowledge and skills.
• Sec. III
o Practice on scientific basis.
• Sec. IV
o Should contribute to the safeguarding of public
the health.
• Sec. V
o Render service to the patient to the best of her
ability and not neglect the patient.
• Sec. VI
o Not compromise other services.
• Sec. VII
o Fees should be commensurate with the services
performed.
• Sec. VIII
o Handle only normal pregnant women.
• Sec. IX
o Not reveal any information as information is
CONFIDENTIAL.
o Doctrine of Privilege Communication
▪ Information can be divulged in criminal
cases, when patient sues the physician, with
patient’s consent, and public health and safety.
o Dying Declaration
▪ Considered hearsay evidence unless when
made by a victim of the crime.
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Philippine Midwifery Licensure Examination

o Hearsay evidence • Fidelity

▪ Repetition of what witness has heard of what o Be faithful to your patient.
others say is not admissible in court. o Should not provide fraudulent acts, false hopes,
• Sec. X or reassurance.
o Dedication to the profession. • Solidarity
• Sec. XI o Value of group or teamwork.
o Participate in research activities. o This is the principle of collaboration
• Sec. XI
o Should work with interest and concern.
COURT ORDERS
PRINCIPLES OF BIOETHICS
• Summon
• Autonomy
o To appear in court to answer a complaint made.
o Means self-determination.
• Warrant
o Involves respect of the personal liberty of
o Presented by an arresting officer.
freedom of an individual to choose and implement
• Subpoena
one’s own decision.
o An order that requires a person to testify as
• Nonmaleficence
witness.
o Do no harm.
o Two kinds of subpoena:
• Beneficence
▪ Subpoena duces tecum
o Do good all the time.
❖ Requires a witness to bring documents or
• Justice
papers.
o Refers to the obligation to be fair to the other
▪ Subpoena ad testificandum
people and to give what pt deserves.
❖ To summon a person to testify
• Veracity
o Truthfulness
• Totality
o The body should function as a whole.
• Stewardship
o Do not harm our body as it belongs to God, not
us.
• Respect
o Treat all individuals as persons with rights, with
or without abnormalities.
• Privacy
o Freedom from unwarranted publicity or
exposure.
• Paternalism
o Acting for the good of another person against
their will.
Professional Growth & Development
Philippine Midwifery Licensure Examination

CRIMINAL LAW AND CRIMES ➢ Act is done with deliberate intent.

• Criminal Law ❖ Fault (Culpa)
o Branch of law which defines crimes, threats of ➢ Due to imprudence, negligence, or lack
nature, and provides their punishment. of foresight or skill.
o Sources: • Three Stages of Execution
▪ Revised penal code of the PH. o Attempted Felony
▪ Special penal laws enacted by the PH ▪ Offender commences the commission of
legislature. felony directly by overt acts and doesn’t
• Crime perform all the acts of execution (e.g., midwife
o An act or omission that is punishable by law. injects the poison to the pt. but the pt. did not
die).
TWO KINDS OF CRIME
o Frustrated Felony
OFFENSE
• Punishable by law by any special penal statutes or ▪ Offender performs all the acts of execution,
law. but the desired result is not attained (e.g.,
midwife injects poison, but the pt. did not die
FELONIES due to timely medical intervention).
• Punishable by law by the revised penal code of the
o Consummated Felony
Philippines.
▪ All the elements necessary for the execution
o Act No. 3815
and accomplishment is present.
▪ Also known as “Revised Penal Law”.
• Crime According to Gravity
▪ An act revising the penal code and other
o Grave Felonies
penal laws.
▪ Punishable by capital punishment or afflictive
▪ Basic law that defines criminal offenses and
penalties such as:
provide penalties for the commission of those
❖ Reclusion Perpetua
offenses.
➢ 20 yrs. and one day – 40 yrs.
• Essential Elements of Felony
❖ Reclusion Temporal
o There must be an act.
➢ 12 yrs. and one day – 20 yrs.
o That the act or omission must be punishable by
❖ Prison Mayor
the Revised Penal Code.
➢ 6 yrs. and one day – 12 yrs.
o That the act or omission is performed by means
o Less Grave Felonies
of malice and fault.
▪ Punished by any correctional penalties such
• Two Kinds of Felonies According to The Stages of
as:
Acts of Execution
❖ Prison Correctional
o Intentional Felonies
➢ 6 mos. and one day – 6 yrs. of
▪ Committed with malice or criminal intent.
imprisonment.
o Culpable Felonies
❖ Destierro
▪ Committed by means of fault.
➢ Restriction of freedom for 6 mos. and
▪ Elements:
one day – 6 yrs.
❖ Deceit (Dolo)
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Philippine Midwifery Licensure Examination

❖ Arresto Mayor CIRCUMSTANCES AFFECTING CRIMINAL

➢ One mo. and one day – 6 mos. LIABILITY
o Light Felonies • Justifying
▪ Punished with arresto menor, with a fine not o The act causing injury or death to another
exceeding PHP 200.00, or both. person is justified, hence, no one is criminally
❖ Arrestor Menor liable.
➢ Light penalty (i.e., imprisonment or o The instances where a crime is justified are:
deprivation of freedom from one day – ▪ Self-defense
30 days.) ▪ Done in fulfillment of duty
• Persons Who Are Criminally Liable for Felonies ▪ Exercise of one’s right or office
o Principal ▪ Anyone who acts in obedience to an order
▪ By direct participation issued by a superior for some lawful purpose.
▪ By inducement • Exempting
▪ Indispensable cooperation o Although there was a crime committed, there is
o Accomplices no criminal liability in these circumstances such
▪ Person who has a common principal purpose as:
with the principal. ▪ Imbecile or insane (except in lucid interval)
▪ Must have the intention to help materially or ▪ Below 9 y.o.
morally. ▪ Above 9 y.o., but below 15 y.o., unless acted
▪ Also called as accessory before the fact. with discernment.
o Accessory ▪ Performance of lawful act
▪ Profiting themselves or assisting others to ▪ Any person who acts under the impulse of
profit. uncontrollable fear or an equal or greater injury
▪ Concealing or destroying the evidence of the • Mitigating
crime. o Reduces penalty in cases such as:
▪ Harboring or assisting the escape of the ▪ Those committed by below 18 y.o. and above
principal. 70 y.o.
▪ Also called as accessory after the fact. ▪ Does not meet all the requisite circumstances
• Classes of Injury Caused by An Offense or Crime under justifying and exempting.
o Social Injury ▪ Offender is deaf, dumb, blind, or with any
▪ Disturbance and alarm the society caused by physical defect.
the crime. ▪ Voluntary surrender
▪ It is the state which imposes the ▪ Plea of guilty before an open court or
corresponding penalty for the injury. presentation of documents
o Personal Injury • Aggravating
▪ Effect is civil liability, which is repaired o Increases liability in cases such as:
through indemnity. ▪ Taking advantage of public position
Professional Growth & Development
Philippine Midwifery Licensure Examination

▪ Committed with abuse of confidence on • Abortion

occasion of earthquake, epidemic, or any o Termination of pregnancy before age of viability.
calamities. o Types of abortion based on crime:
▪ For price or reward ▪ Intentional abortion
▪ Use of fire (arson), poison, or explosives ❖ Offender used violence to a pregnant
▪ Craft, fraud, or disgrace woman.
▪ Treachery ➢ Punishable by reclusion temporal
• Alternative ❖ If without violence but acted without
o For cases such as: mother’s consent
▪ Acts that may aggravate or mitigate one’s ➢ Punishable by prison mayor
liability. ❖ If there is consent
▪ Intoxication ➢ Punishable by prison correctional
▪ Relationship ▪ Unintentional abortion
▪ Education ❖ Employs violence upon a pregnant
person causing her abortion.
CAUSES OF TOTAL EXTINCTION OF CRIMINAL
➢ Punishable by prison correctional (in
LIABILITY
its minimum and medium periods).
• Absolute Pardon
o Acts of grace ▪ Abortion practiced by the woman upon

o Granted by the President of the PH herself or with her consent.

• Prescription of the crime ❖ Punishable by prison correctional (in its

minimum and medium periods).
• Prescription of the penalty
• Marriage of the offended woman or marriage of the ▪ Abortion practice by the parents of the

offender in good faith. woman with her consent.

❖ Punishable by prison correctional (in its
CRIMES AGAINST THE PERSON minimum and medium periods).
• Murder ▪ Abortion practiced by a physician or midwife.
o Killing with any of the aggravating ❖ Same penalties for intentional abortion
circumstances. • Mutilation
o Must be with evident premeditation. o An act or physical injury that degrades the
• Parricide appearance or function of any living body, usually
o The killing of direct descendant or ascendants without causing death.
such as mother, father, spouse, or child, whether • Physical Injury
the relationship is legitimate or illegitimate. o Serious physical injury
• Infanticide ▪ Wounding, beating, assaulting, and
o Killing of a child less than three days or 72 hrs., administering injurious substance.
even if the killer was related to the victim by blood. ▪ Incapacitates a person in more than 30 days.
• Giving assistance to suicide o Less serious physical injury
o Giving them means to end one’s life. ▪ Incapacitates a person for 10 days but to less
than 30 days.
Professional Growth & Development
Philippine Midwifery Licensure Examination

o Slight physical injury CRIMES AGAINST PROPERTY

▪ Incapacitates a person for 1-9 days. • Robbery
• Sexual Harassment o With intent to gain by means of force, violence,
o An act or any form of unwanted verbal, non- or intimidation.
verbal, or physical contact of sexual nature with • Theft
the purpose or effect of violating the dignity of a o With intent to gain or getting other’s property
person. without consent.
▪ R.A. 7877 (Anti-sexual Harassment Act of • Swindling or Estafa
1995) o Committed to another person who defrauds
▪ R.A. 11312 (Safe Spaces Act/Bawal Bastos him/her.
Law) • Destructive Arson
• Acts of Lasciviousness o Committed by any person who burns a building,
o Act of making physical contact with the body of train, ship, airplane, etc.
another person for the purpose of obtaining sexual
gratification other than, or without intention of
sexual intercourse.
• Rape
o Because of R.A. 8353 (Anti-Rape Law of 1997),
the crime of rape shall hereafter be classified as
crime against person.
o Classification of rape:
▪ Marital rape
❖ Act of sex with one’s spouse without
consent.
▪ Statutory rape
❖ Act of sex with a person under the age of
consent, whether the person is willing or not.
• Child Abuse
o Any form of neglect and maltreatment by an
adult, which is violent and threatening for the
child.
• Simulation of Birth
o Crime committed by one who enters in a birth
certificate with a birth that did not occur.
o Crimes against civil status.
o Substituting one child to another.
Professional Growth & Development
Philippine Midwifery Licensure Examination

LAWSUIT PROCEDURES CONTRACTS AND WILLS

• Commencement of the action CONTRACTS
o The first step in the trial process to determine • An agreement between parties, creating mutual
what kind of legal action to take (e.g., negligence obligations that are enforceable by the law.
or contract). • Basic elements for validity:
• Pleading o Expressed by valid offer
o Each party presents a statement of facts to the o Mutual assent
court. o Adequate consideration
▪ For less serious crimes (misdemeanor) – o Capacity and legality
complaints • The purpose of a contract is to formalize new
▪ For more serious crimes (felonies) – relationships and outline the various legal obligation
indictment each party owes to another.
• Pre-trial • Breach of Contract
o Informal discussing between the judge and o A violation of any of the agreed-upon terms and
attorney to eliminate matters not in dispute but conditions of a binding contract.
agree on issues and settle procedural matters
TYPES OF CONTRACTS
relating to the trial. • Formal Contract
o Cases are often settled at this point. o Specified form (e.g., marriage contract).
• Trial
• Informal Contract
o Facts of the cases are determined. o Form of contract that is written and verbal or
o Principles to law relating to those facts are oral.
applied. o Has no formalities of the law.
o Conclusion to liability is reached.
• Expressed Contract
▪ The judge determines the facts and applies o Involves money or monetary price/amount.
the law.
• Void Contract
• Witness o Not a valid contract (i.e., has no effect at all).
o The necessity of testimony by any person in a • Illegal Contract
legal proceeding is determined by the attorney of o Against the law.
the parties. o Consent obtained by fraud.
• Appeals o Those obtained under influence.
o An appellate court reviews the case and when o Those obtained through material
the case is decided by it, the final judgement result representation.
and matter is ended.
• Execution of judgement WILL
• A legal declaration of a person’s intention upon
death.
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Philippine Midwifery Licensure Examination

• Persons involved in the will:

o Decedent
▪ Person whose properties is transmitted
through succession, with or without a will.
o Testator
▪ A male decedent who died with will.
o Testatrix
▪ A female decedent who died with will.
o Intestate
▪ A decedent without who died without a will.
o Testate
▪ A decedent who died with will.
o Heir
• Types of will:
o Notarial Will or Authenticated Will
▪ Made by a lawyer on behalf of the decedent.
o Holographic Will
▪ Handwritten by the decedent; must have a
date and signature.
• Probate
o Process to prove the will
• Types of properties:
o Legalee
▪ Movable
o Devisee
▪ Immovable
• Escheat
o When the decedent dies without relatives, so the
properties go to the state.
Professional Growth & Development
Philippine Midwifery Licensure Examination

LAWS AFFECTING MIDWIFERY PRACTICE • R.A. 7160 (Local Government Code of 1991)
REPUBLIC ACTS
• R.A. 1080 (An Act Declaring the Bar and Board • R.A. 7305 (Magna Carta for Public Healthcare
Examinations as Civil Service Examinations) Workers)
o Incentives under this law:
• R.A. 1082 (An Act Strengthening Health and ▪ Longevity pay – 5%
Dental Services in the Rural Areas, and Providing ❖ When service is more than 5 yrs.
Funds Thereof) ▪ Night Shift Differential – 10%
▪ Hazard Pay
• R.A. 2382 (The Medical Act of 1959) ❖ Granted monthly, quarterly, or annual
bases.
• R.A. 3573 (Law on Reporting of Communicable ❖ If under SG 19 – 25%
Disease) ❖ If above SG 20 – 5%
o Amended by R.A. 11332 ▪ Laundry Allowance – PHP 125.00/mo.
▪ Remote Allowance – 50%
• R.A. 3753 (Civil Registry Law) ▪ Overtime pays (under labor code)
❖ 25%
• R.A. 4226 (An Act Requiring the Licensure of All ➢ Regular working day.
Hospitals in the Philippines and Authorizing the ❖ 30%
Bureau of Medical Services to Serve as the ➢ Overtime during holidays.
Licensing Agency) ▪ Holidays
❖ 100%
• R.A. 5901 (An Act Prescribing Forty Hours a Week ➢ National, legal, special holidays
of Labor for Government and Private Hospitals or ❖ 50%
Clinic Personnel) ➢ Local holidays

• R.A. 6675 (Generics Act of 1988) • R.A. 7432 (An Act to Maximize the Contribution
o Sought to promote, require, and ensure the of Senior Citizens to Nation Building, Grant Benefits
labeling, prescribing, and dispensing of medicines and Special Privileges and for Other Purpose)
using their generic name. o Grants 20% discount.

• R.A. 6713 (Code of Conduct and Ethical Standards • R.A. 7600 (The Rooming-in and Breastfeeding
for Public Officials and Employees) Act of 1992)
o Public office is public trust.
• R.A. 7875 (National Health Insurance Act of 1995)
• R.A. 6972 (Barangay-Level Total Development o Legal dependents:
and Protection of Children Act) ▪ Legitimate spouse who is not a member
o Establishment of day care center in every brgy. ▪ Unmarried and unemployed children,
including legally adopted children under 21 y.o.
Professional Growth & Development
Philippine Midwifery Licensure Examination

▪ Children above 21 y.o. but suffering from ▪ Children above 21 y.o. but suffering from
congenital disability or any disability. congenital disability or any disability.
▪ Parents of member above 60 y.o. ▪ Parents of member above 60 y.o.

• R.A. 7883 (Barangay Health Worker’s Benefits • R.A. 9262 (Anti-Violence Against Women and
and Incentives Act of 1995) Their Children Act of 2004)

• R.A. 8172 (An Act for Salt Iodization Nationwide
(ASIN))
• R.A. 8187 (Paternity Leave Act of 1996)
o Paid maternity leave of 7 days.
• R.A. 8344 (An Act Prohibiting the Demand of
Deposits or Advance Payments
Confinement or Treatment of Patients in Hospitals
and Medical Clinics in Certain Cases)
• R.A. 9288 (Newborn Screening Act of 2004)
• R.A. 9346 (An Act Prohibiting the Imposition of
the Death Penalty in the Philippines)
• R.A. 9442 (Magna Carta for Disabled Persons,
and For Other Purposes)
for the o Grants 20% discount for disabled persons.
• R.A. 9482 (Anti-Rabies Act of 2007)

• R.A. 8423 (Traditional and Alternative Medicine • R.A. 10028 (Expanded Breastfeeding Promotion
Act (TAMA)) Act of 2009)

• R.A. 8976 (Philippine Food Fortification Act of • R.A. 10152 (Mandatory Infants and Childrens
2000) Health Immunization Act of 2011)

• R.A. 8981 (PRC Modernization Act of 2000) • R.A. 10354 (The Responsible Parenthood and
o Composition: Reproductive Health Act of 2012)
▪1 fulltime chairperson, 2 fulltime
commissioner • R.A. 10606 (National Health Insurance Act of
❖ Term is 7 years w/o reappointment. 2013)

• R.A. 9225 (Citizenship Retention and Re- • R.A. 10912 (Continuing Professional Development
acquisition of 2003) Act of 2016)

• R.A. 9241 (An Act Amending R.A. 7875) • R.A. 11210 (105-Day Expanded Maternity Leave
o Legal dependents: Law)
▪ Legitimate spouse who is not a member o 105 days with pay.
▪ Unmarried and unemployed children, o 7 days can be allocated for the father.
including legally adopted children under 21 y.o.
• R.A. 11223 (Universal Health Care Act)
Professional Growth & Development
Philippine Midwifery Licensure Examination

• R.A. 11332 (Mandatory Reporting of Notifiable • Proc. No. 6

Diseases and Health Events of Public Health o Universal Goal on Child Immunization by 1990
Concern Act) • Proc. No. 1275
o Declaring every third week of October as
PRESIDENTIAL DECREES
Midwifery week.
• PD 48
• Proc. No.1066
o Four children with paid maternity leave
o Declaring a National Neonatal Tetanus
privilege.
Elimination Campaign starting 1997.
• PD 69
o Four children for personal tax exemption. CHED MEMORANDUM ORDERS
• PD 223 • CMO No. 33 s. 2007
o Creation of the PRC in 1973. o Policies and Standards for Midwifery Education
• PD 442 • CMO No. 3 s. 2023
o New labor code. o Policies, Standards, and Guidelines for
• PD 491 Midwifery Education
o Nutrition program
o July as the nutrition month
• PD 856
o Code of sanitation
• PD 965
o Family planning and responsible parenthood
instructions prior to issuance of marriage license.
• PD 996
o Compulsory immunization for all children below
eight years old against six immunizable diseases.
o Signed on Sept. 16, 1976

EXECUTIVE ORDERS
• EO 51
o Milk Code
o Signed by former Pres. Corazon C. Aquino on
October 10, 1986
• EO 209
o Family Code

PRESIDENTIAL PROCLAMATIONS
• Proc. No. 4
o Philippine Measles Elimination Campaign
o Declaring the period of Sept. 16 to Oct. 14, 1998
as “Ligtas Tigdas Month”