NURSES AND CRIMINAL ACCORDING TO STAGE OF EXECUTION :

Felonies May Be:

LIABILITIES
Importance Of The Concept On Crimes And
Nurses
Criminal Law
Criminal Law Is A Public Law
Criminal Law Can Be Derived From Revised
Penal Code (Act 3815) And Special Criminal
Or Penal Laws
Nursing Law Ra 9173 Is A Special Penal Law
Characteristics Of Criminal Law:
1. Generality
2. Territoriality
3. Prospectivity
(DOCTRINE OF PRO-REO)
(common law is not recognized in the philippines)
Crime: any wrongful acts committed against the
public and punishable by law
➢ Consummated=all elements present /purpose
was accomplished
➢ Frustrated= all executory acts present but
failed to accomplish purpose
➢ Attempted=not all acts of execution were
present
Stages of Execution
1. Consummated crimes or felonies:
• All elements execution present
• All elements accomplishment are present;
• ( sample scenarios )
2. Frustrated Felonies:
• All acts execution present
• Felony not accomplished
• By reason of cause
• Independent of will of perpetrator
• ( sample scenarios )

CRIMINAL CASE VS. CIVIL CASE 3. Attempted felonies:

• Commenced overt acts
CRIMES MAY BE: • Did not perform all acts of execution
Felonies= revised penal code • Due to some cause or accident
Offenses= special penal laws • Other than offender spontaneous desistance
• ( sample scenarios )
FELONIES ARE CLASSIFIED AS:
A. NATURE:
1. Mala in se= nature of act
FELONIES ACCORDING TO
2. Mala prohibita= punished by law SEVERITY/GRAVITY
➢ Grave felony
B. MANNER OF COMMISSION: ➢ Less grave felony
1. Intentional= Dolo/malice/intent ➢ Light felony
2. Culpable (fault)=negligence, reckless
imprudence,lack of skill or foresight 1. Grave felonies:
• Imprisonment of = afflictive to capital
3 ESSENTIAL ELEMENTS OF A FELONY: punishment
1. Act or commission • ( prison mayor until reclusion perpetua or life
2. Punishable by rpc,special laws imprisonment)
3. Dolo/culpa ( intent,fault) • Fine= above 6000 pesos

REQUISITES OF DOLO/MALICE OR INTENT: 2. Less Grave Felonies:

• Freedom • Imprisonment : correctional penalties
• Intelligence • (arresto mayor-prision correctional)
• Intent • Fine: Php 201-6000 pesos

REQUISITES OF FAULT/CULPA: 3. Light Felonies:

• Freedom • Imprisonment: arresto menor
• Intelligence • Fine: 200 pesos or less
• Imprudence or negligence

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 PERSONS WHO ARE CRIMINALLY Accessories not liable in light felonies and
relatives up to second degree
LIABLE affinity/cosanguinity.

Nurses And Participation In Criminal Offenses:

1. Principal
PENALTY
2. Accomplices=accessory before the act
Penalty depends upon:
3. Accessories= accessory after the fact
a. stages of execution
b. participation in criminal offenses
➢ Conspiracy To Commit A Crime
➢ Proposal To Commit A Crime
Stages of execution consummated frustrated
attempted.
Principals:
1. By Inducement
Participation © (f) (A)
2. By Direct Participation
3. By Indispensable Cooperation
Principals full 1 2
Accomplices 1 2 3
Examples:
Accessories 2 3 0
➢ Nurse who induces one to inject drugs to the
(no liability )
patient
➢ Nurse who assisted the doctor for
Reasons for penalty:
euthanasia
1. Prevention
➢ An onlooker nurse who aided the doctor to
2. Society’s defense
kill the patient
3. Reformation
4. Exemplarity
Accomplices:
5. Justice and equity
1. Participation and cooperation not necessary
to consummate the crime.
Penalty: fine , imprisonment or both
2. Crime committed before or simultaneous to
principal act.
Civil indemnity= restitution,reparation of
damages,indemnity for social and personal injury (
Accomplices Acts:
damages in the form of MENTAL)
➢ Nurse who recommends abortionist
➢ Nurse who recommends ways to abortion
Extinction of criminal liability:
1. Death of convict
Accessory: accessories after the fact:
2. Service of sentence
➢ profit from crime
3. Amnesty
➢ conceal or destroy body of the crime or
4. Pardon and other forms of executive clemency
effects thereof
5. Prescription of crime
➢ help criminal to escape or hide or conceal
6. Prescription of penalty
crime/criminals
7. Marriage in some crimes

Who Are Liable

Grave And Less Grave Felonies:
CIRCUMSTANCES AFFECTING
1. Principals CRIMINAL LIABILITIES
2. Accomplices • JUSTIFYING
3. Accessories • EXEMPTING
• MITIGATING
Light Felonies • AGGRAVATING
1.Principals • ALTERNATIVE
2.Accomplices

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 5. Nighttime,Uninhabited Place
Justifying and exempting = no crime was committed 6. Calamities/Misfortune
7. Price/Reward/Promise
Mitigating=lessen/reduce/palliate the penalty 8. Armed Men /Band
9. Disregard Of Sex, Rank Or Age
Aggravating =increases penalty 10. Recidivism/Habituality
11. Evident Premeditation
Alternative=either mitigating or agravating 12. Fire/poison etc
depending upon circumstances 13. Fraud.disguise/ craft
14. Superior strength
JUSTIFYING: 15. Weaken defense
1. Self-defense ( unlawful aggression, reasonable 16. Ignominy (shame)
means,lack of provocation) 17. Motor vehicle,unlawful entry,cruelty
2. Defense of relative
3. Defense of stranger Alternative Circumstances: (RITE)
4. Avoidance of greater evil or injury (evil R-----relationship
exists,injury greater, no other means) I------intoxication
5. Fulfillment of duty or lawful exercise of right or T----- training
office; E-----education
6. Obedience to a lawful order of superior.
CATEGORIES OF CRIME
EXEMPTING CIRCUMSTANCES:
1. Imbecility/insanity ( insane= not during
Crimes That Nurses May Commit:
lucid interval)
• Against Persons
2. Nine years old and below
• Against Personal Liberty
3. Over 9 under 15 years unless discernment
4. Accident while performance of lawful act • Against Property
5. Force majeure/irresistible force from third • Against Chastity
person • Against Civil Status Of A Person
6. Uncontrollable fear or intimidation by third • Against Honor
person • Criminal Negligence
7. Lawful or insuperable cause ( not able to
perfrom duty because of lawful or insuperable cause) CRIMES AGAINST PERSONS
• Parricide
MITIGATING ( incomplete justifying or exempting) • Murder
1.Under 18 above 70 years ( 0r 9-15 years with
• Homicide
discernment)
• Giving assistance to suicide
2. No intention to commit so grave a wrong
• Infanticide
3. Provocation/threat
4. Passion/obfuscation • Abortion
5. Immediate vindication of grave offense • Mutilation
6. Voluntary surrender/confession of guilt • Physical injuries
7. Illness of the offender • Rape
8. Physical defect
9. Similar and analogous (impulse of jealousy, CRIMES AGAINST PERSONAL
poverty or necessity)
LIBERTY
AGGRAVATING • Kidnapping Or Illegal Detention
1. Public Position • Abandonment Of Persons In Danger
2. Contempt/Insult Of Authorities • Abandonment Of One’s Own Victim
3. Abuse Of Confidence/Ungratefulness • Threats
4. Place Where Committed (Palace, Church,I • Grave Coercion
Presence)

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 CRIMES AGAINST PROPERTY d. earthquake,epidemic,calamity etc.
e. evident premeditation
• Robbery
f. cruelty
• Theft
g. outraging victim or corpse
• Larceny
• Swindling Or Estafa PARRICIDE
• Destructive Arson Elements:
• Malicuious Mischief 1. Unlawful killing
2. Father,mother,child (legitimate or illegitimate)
CRIMES AGAINST CHASTITY 3. Ascendants,descendants,spouse
• Adultery
• Concubinage HOMICIDE
• Seduction Elements:
1. Unlawful killing
• Abduction
2. Not parricide
3. Committed without any qualifying
CRIMES AGAINST CIVIL STATUS circumstances to murder
• Simulation of birth
• Substitution of one child for another INFANTICIDE
• Concealment or abandonment of legitimate ELEMENTS:
child 1. Unlawful killing
• Usurpation of civil status 2. Child less than three ( 3 ) days old ( less than
• Bigamy 72 hours old )
• Marriage contracted against provisions of the 3. Penalties may be parricide or murder but the
law label is still infanticide:
4. May be committed by the mother or maternal
grandmother to conceal dishonor
CRIMES AGAINST HONOR
• Libel (written) Giving Assistance to SUICIDE
• Slander ( grave oral defamation) Elements:
• Slander by deed 1. Giving of means to commit
2. Positive and direct cooperation to another who
OTHER CRIMES: wish to end his life
• Battery ( he did not do the killing )
• Assault (he did the killing)
• Perjury (suicide not consummated)
• Forgery
ABORTION
CRIMINAL NEGLIGENCE Elements
• Reckless imprudence 1. Expulsion of fetus
• Simple imprudence 2. Before viability
3. Death of fetus
Crimes against Persons KINDS:
1. Intentional
MURDER 2. Unintentional
Elements: 3. Practice By Women Or With Her Consent
1. Unlawful killing 4. Practice By Parents Of Woman With Her Consent
2. Not parricide 5. Practice By Physician , Nurse Or Midwife
3. Qualifying circumstances: Dispensing Of Abortives Is Also A Crime If Done
a. treachery Without Prescription From The Doctor
b. price,reward,promise
c. inundation,fire,poison

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MUTILATION E l e m e n t s:
Elements: 1. Kidnaps or detains another
1. Intentionally mutilate another 2. In any manner that deprives his liberty
2. Depriving totally or partially
3. Essential organs of reproduction ABANDONMENT

PHYSICAL INJURIES OF PERSONS IN DANGER:

1. Fails to render assistance
SERIOUS PHYSICAL INJURIES: 2. Person wounded in uninhabited place,
• wounds,beats,assaults danger of dying
• incapacity for labor or medical attendance for 3. When he can render assistance without
31 days or more Detriment o himself
4. Abandoned child under 7 years and failed
LESS SERIOUS PHYSICAL INJURIES to deliver to authorities,family or safe
• inflict injury place
• incapacity or medical attendance 10-30
days OF ONES OWN VICTIM
1. Fails to help or render assistance
SLIGHT PHYSICAL INJURIES 2. To one whom he accidentally injured or
• Incapacity or medical attendance 1-9 wounded
days
THREATS

RAPE (RA 8353) GRAVE THREATS:

1. Threaten another
Rape committed by a man on a woman with carnal 2. With infliction upon person,
knowledge of a woman: honor,or property
3. Wrong amounting to crime
CIRCUMSTANCES: (ANY OF THE FOUR)
1. through F I S T S LIGHT THREATS:
2. offended party deprived of reason or 1. Threat to commit wrong not
unconscious amounting to crime
3. fraudulent machinations or grave abuse of
authority GRAVE COERCION
4. offended party under 12 years or demented Elements:
even if 1,2,3 above is not present 1. Without authority of law
2. By means of violence ,threat or
Rape by any person on another person: intimidation: either:
sexual assault by: a. prevents another from doing something
1. Inserting penis in mouth,anus not prohibited by law
2. Inserting any instrument into genital or any anus b. compels him to do something against his
(with any elements 1,2,3,4 enumerated in previous will,whether be it right or wrong.
slide)
CRIMES AGAINST PROPERTY
CRIMES AGAINST PERSONAL
LIBERTY ROBBERY
• Kidnapping ( illegal detention) ELEMENTS:
• False imprisonment 1. With intent to gain
• Arbitrary detention 2. Took personal property
belonging to another without
consent
3. By means of violence,intimidation,force

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THEFT ACT OF LASCIVIOUSNESS
ELEMENTS: Elements:
1. With intent to gain 1. Act that is lewd
2. Took personal property of another 2. Lustful,tendig to produce voluptuous
without consent or lewd emoions
3. Without violence, intimidation or 3. Either gender
force 4. Short of lying with one
5. Independent from intention of
Larceny = public property wrongdoer
6. Anything leading to sexual act
SWINDLING/ESTAFA
Elements:
1. Defrauds one another SEDUCTION
2. With ways under article 315 Withdrawing a person from path of rectitude;leading
revised penal code astray
CLASSIFICATION:
DESTRUCTIVE ARSON 1. Simple Seduction
Elements: a. unlawful carnal intercourse
1. Burns a building , train ,ship b. woman single,widow of good
or airplane, etc. reputation
2. With intent to destroy/ruin c. over 12 under 18 years
d. committed by deceit
MALICIOUS MISCHIEF
Elements: 2. Qualified Seduction= seduction of a virgin
1. Deliberately causes (doncella )= over 12- below 18
a. Damage to property of Committed by: OR: person seduced:
another a. public authority a. sister
b. Not covered under arson b. priest b. descendant
Unjust vexations c. home-servant c. whether virgin or
d. guardian not virgin
CRIMES AGAINST CHASTITY e. teacher d. over 18 years
f. any person entrusted with education or
custody of woman seduced
ADULTERY
Elements:
ABDUCTION
1. Committed by married woman
2. Sexual intercourse with • Kidnapping of woman from her home
a. man not her husband • With intent to marry or corrupt her
b. man who has carnal knowledge of
her TYPES:
A. FORCIBLE = abduction of woman against her
CONCUBINAGE will with lewd design
Elements:
1. Committed by married man B. CONSENTED = abduction of virgin over 12
2. Who: under 18,with consent and lewd
a. keeps mistress in the conjugal design
dwelling
b. has sexual intercourse, under scandalous SPECIAL CRIMES AGAINST
circumstances with a woman not his wife or;
c. cohabits with a woman not his wife in
CHASTITY
any other place. • Against Ra 7877= The Anti-Sexual
Harassment Act Of 1995

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CRIMES AGAINST CIVIL STATUS OF CRIMINAL NEGLIGENCE
A PERSON • Committed by fault or culpa
• Simulation of birth • No intent
• Substitution of one child for another • Imprudence: > deficiency of action
> lack of skill
• Concealment or abandonment of a legitimate
child • Negligence: > deficiency of perception
> lack of foresight
• Usurpation of another’s civil status
four dddd as elements
• Bigamy
duty damage
dereliction due care ( lack of )
CRIMES AGAINST CIVIL STATUS
RECKLESS IMPRUDENCE:
BIGAMY: > material damage
1. Contracting 2nd or subsequent marriage > inexcusable lack of precaution
a. Before former marriage has been > considerations:
legally dissolved a. employment and occupation
B. Before absent spouse has been judicially b. degree of intelligence
declared presumptively dead. c. physical condition
( can a nurse who is legally married in the philippines d. other circumstances of persons, time
and got married to another man in the united states and place
be prosecuted for bigamy)
Simple Imprudence:
MARRIAGE CONTRACTED AGAINST THE LAW: > lack of precaution in
1. Requirements of the law a. damage impending to be
have not been complied. caused is not immediate
2. Marriage is in disregard of a legal b. danger is not clearly
impediment. manifested

CRIMES AGAINST HONOR CRIMINAL AND CIVIL LIABILITY PRESENT IN

NEGLIGENCE
LIBEL AND SLANDER
DOCTRINES:
DEFAMATION:
A. RES IPSA LOQUITOR
A. LIBEL= public and malicious imputation of a
B. RESPONDEAT SUPERIOR
crime ( commonly written )
= vice or defect C. FORCE MAJEURE
= real or imaginary D. DOCTRINE OF LAST CLEAR CHANCE
E. STARE DECISIS
= tending to cause dishonor,discredit
F. CONTRIBUTORY NEGLIGENCE
or contempt of natural or juridical
G. SOMERA CASE
person
H. LORENZO – PEREZ CASE
= blacken memory of the dead

SLANDER ( ORAL ) NURSES’ and QUASI-DELICTS

A. Grave oral defamation
b. Simple slander QUASI-DELICTS(TORTS) CULPA AQUILIANA
c. Slander by deed: • Fault or negligence of a person
= not oral or written but • Accompanies his act or omission
casts dishonor, discredit; or
contempt upon another person ➢ Causes damage
➢ No pre-existing contractual relations
➢ Who are liable:
• Person who caused damage

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 • Persons for whom responsible for another
person ( guardian, parents,etc) VICES OF CONSENT: FISTS
• ( vicarious laibility ) A. Mistake /error
b. Fraud/deceit
Vicarious liability of: c. Violence
A. Liability Of Parents Children Below 21 Years d. Intimidation
(Ra 6809) e. Undue influence/taking advantage
B. Liability Of Guardian
C. Liability Of Owners Or Managers Of OBJECT/SUBJECT/PRESTATION (Thing/service)
Establishments a. Within commerce of man
D. Liability Of Employers b. Transmissible
E. Liability Of Teachers c. Not contrary to law, morals,good
customs,public order,
DEFENSE: public policy
“diligence of a good father of the family” d. Not impossible
in nursing: defense is extraordinary diligence e. Determinate

REQUISITES: CAUSE/CONSIDERATION-REASON
1. Act or omission of a person Requisites:
2. Presence of fault or negligence A. Present
3. Damage to another caused by b. True
act or omission c. Lawful
4. Existence of direct causal
connection between the damage and CHARACTERISTICS OF CONTRACTS:
the fault or negligence 1. Autonomy ( freedom )
5. No pre-existing contractrual 2. Obligatory
relations between parties 3. Consensuality
4. Mutuality of contracts
5. Relativity of contracts
NURSES AND CONTRACTS
TYPES: PERFECTION
Contract: >meeting of minds of two
1. Consensual= mere consent
persons
2. Real= delivery
>binds to give something
3. Formal =formalities of law
>to render some service
Contracts creates rights and obligations
TYPES: CAUSE
1. Onerous
3 esseential/statutory requisites:
2. Remuneratory
1. Consent
3. Gratuitous
2. Object/subject matter/prestation
3. Cause/consideration
TYPES: PARTIES OBLIGATED
1. Unilateral
2. Bilateral/reciprocal
• CONSENT denotes acceptance
• CONSENT must be informed and voluntary TYPES: DEGREE OF DEPENDENCE
• There must be capacity to give consent 1. Preparatory
• Persons incapacitated to give consent: 2. Principal
a. minors 3. Accessory
b. insane or demented ( except lucid intervals)
c. deaf-mutes
d. drunkenness
e. hypnotic spell (VOIDABLE OR ANNULABLE)
f. vices of consent

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TYPES: DESIGNATION NURSES AND RECORDS
1. Nominate
Purposes:
2. Innominate=implied
C- Communication/Continuity
facio ut des
L- Legal
facio ut facias
E- Education
do ut des
A- Audit
do ut facias
R- Research
S- Statistics
TYPES: TYPE OF PERFORMANCE
1. Executed
Characteristics
2. Executory
A- Accuracy
3. Partially executed
B- Brevity
C- Clear/Current
STAGES:
L- Legibility
1. Preparation/conception
Simplicity
2. Perfection/birth
FLIP- OA
3. Consummation/termination
Factual, Legible, Individualized, Personal,
Organized, Actual
DEFECTIVE CONTRACTS
1. Rescissible
Two Types
2. Voidable
• POMR- Problem Oriented Medical recording
3. Unenforceable
• Traditional Or Source Oriented
4. Void
• Components; Data base, problem lists, initial
BREACH OF CONTRACT plans and progress notes
EXCUSES TO BREACH OF CONTRACT • SOAPIER
MATERIAL MISREPRESENTATION • SBAR- Situation, Background Action
• Recommendation
NURSES AND WILLS
NURSES AND PRIVILEGED COMMUNICATIONS
SUCCESSION Two types;
Decedent= testator/intestate • Absolute----- Priests, pastor, nuns, ministers,
Estate=legitime/disposable portion husband and wife
• Qualified Privileged- Professional
SUCCESSION:
relationship- Nurses, Doctors, lawyers,
1. Donations
accountants:
2. Wills
Exceptions:
Heirs= testamentary (devisee,legatee)
1. Consent by the patient
= compulsory
2. Court order in criminal cases– subpoena
duces tecum
KINDS OF WILL
3. Public order policy or safety is concerned
• Notarial 4. It was the patient who revealed first
• Holographic ( estoppel )
• Ignorance of the law excuses no one from
➢ Testamentary capacity and requisite violations thereof
➢ Formalities of the law
• Dura lex sed lex
➢ Witnesses to notarial will
• Motu propio- on its own or its own initiative
➢ Acknowledgement of will
• Subjudice-
➢ Allowance and disallowance of will
➢ Joint and mutual wills
➢ Escheats

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 BALANCING THE SCALES Douglas (1989:245) cited by de belen and de belen,
2007
Malpractice issues Malpractice is :
Atty. Salex e. Alibogha = improper or unethical conduct by a professional ,
resulting in harm or injury or death of another person
Torts or quasi-DELICTS
Www.larrykinglaw.com cited by de belen and de
belen, 2007:
Unintentional Malpractice is:
• negligence = improper or unethical conduct of the nurse, the
• malpractice failure of the nurse to follow the standards of care,
the omission to observe or misinterpretation of the
Intentional torts changes in the patients condition that requires timely
• assault/battery intervention, thus causing harm or injury or death of
• illegal detention another person.
• invasion of privacy/breach of c.
• libel/slander Supreme Court of The Philippines:
( garcia vs. Pascasio 278 scra 769 )
Distinction Negligence and
Malpractice is:
Malpractice type of claim which a victim has available to him or
her as redress for wrong committed by medical
Both are unintentional torts professional which has caused bodily harm

1. Negligence is broad while malpractice is As defined in the malpractice act of the philippines:
derived specifically from negligent act, in (3) "malpractice" shall refer to any personal injury,
other words, malpractice is a professional including death, caused by the negligent or wrongful
negligence. act or omission of any medical practitioner;

2. Negligence is an act of commission or Malfeasance

omission while malpractice is practice = the performance of some act which ought not to be
against standards or beyond the scope of done.
practice
Misfeasance
Various Concept on Nursing = the improper performance of some act which might
lawfully be done.
Malpractice
Nonfeasance
= the omission of some act which ought to be
Helen Creighton- “ the law every nurse should
performed.
know” (1986)

Malpractice is: The Abcd’s of Nursing Malpractice

= a form of unintentional tort (like negligence) (Elements), Jones,2007
committed by a professional such as a nurse, by
A- awareness or foreseeability
which professional misconduct, unreasonable lack
B- breach of duty
of professional skills and or non- compliance with
C- causation
accepted standards of care causes injury to the
D- duty
client.
D- damage/s

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 Awareness Or Forseeability At the start of employment get a copy of the
agency’s rules, regulations and policies. Ask
The nurse must recognize, must be aware, or have
to be oriented well!
prior knowledge that failure to meet a standard of
care may cause a harm, injury or damage to the
Upgrade skills and competence. We are doing
client/patient
the “advanced beginner” a great de-service
by hiring them to be faculty-members!
Breach of duty
a failure to meet the standard of care owed to the Develop good interpersonal relationships
client with co-workers, whether they be your
Causation supervisor, peer or subordinate.
Proximate cause
= a direct relationship between the failure to meet Consult your superiors for problems that
the standard of care and the client’s harm or injury or maybe too big for you to handle.
death
Verify orders that are not clear to you or those
that seem to be erroneous.
Duty To The Client
= owed to the client by nature of employment and Accept only such responsibility that is within
standards of care by which the nurse must practice the scope of your employment and your job
description.
Duty is created by:
• law
• standards of practice
Sample Cases
Somera case
• contract
Lorenzo-perez case
V. Soto case
Damages The medical city pasig case
Damage/s:
= it must be proven that the client/patient has Cases
sustained or incurred harm through the unsafe
Most common medication administration
nursing practice
errors (somera case)
Presumption of negligence and proximate
Damage and damages:
cause doctrine
M- moral
Extraordinary diligence is implied and not
E- exemplary
expressed
N- nominal
T- temperate
Errors in instrument count and sponge count
A-actual
Burns sustained by diabetic patient due to
L- liquidated
application of hot water bag
Fall of the patient and patient sustained
Points To Observe In Order To multiple injuries
Avoid Administrative, Criminal, Or
Non-referral of the patient’s complaint to the
Civil Liabilities doctor
Delegating drug administration to the midwife
Be familiar with the philippine nursing law. and nursing assistants
Errors in carrying out going home instructions
Be aware of he laws that impacts on nursing Error in endorsement
practice (nursing education).
Death of the patient due to defective
equipment of the hospital

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 The case of oxygen tank that fell on the
patient
Other incidental cases for discussion
Scenarios
Nurse a concludes that an attending physician has
misdiagnosed a condition or has not prescribed the
appropriate course or treatment. What is the proper
thing to do?
You are working in the medical surgical unit. The
attending doctor has given an order for discharge to a
post surgical patient. After taking the vitals, you
noted that the patient is slightly febrile. You referred
the matter to the doctor who insisted on discharging
the patient. What will you do?
You are an ob nurse in the local hospital. You have a
co-nurse georgina, who has blooshot eyes. There
were already three instances that the narcotic count
of the unit was incomplete. You suspect that georgina
is using the same. What will you do?
You are assigned in a medical surgical unit in the
night shift. Your supervisor called that you will be
transferred to the nicu because one of the nurses
there was absent. You have not been on duty in that
area eversince what will you do?
Lawyer: “nurse a, are you familiar with the phrase “ if
not charted it was not done?”
Nurse a : “ yes , sir”
Lawyer: “ and you were taught of that in the nursing
school”?
Nurse a: “ yes sir”
Lawyer: “ and that is the standard in charting?”
Nurse a: “ yes sir”
Lawyer: “ you checked upon admission to the ward
that the capillary refill of the patient is poor?, right?
Nurse a: “ yes , sir”
Lawyer: “ that subsequently, you did not record how
was the capillary refill of the patient”
Nurse a : “ yes, sir”
Lawyer: therefore , based on the standard of care , i
have just asked you, you did not check the capillary
refill of the patient subsequently after admission ?
Nurse a: __________________
( proper answer )
Ganuelas, CD BSN4D – ARCHEONA 2024
Lecture Notes
Public: PP vs. individual
private = individual vs individual
Generality- All
Territoriality- place and venue of the crime is jurisdic
tional
Extraterritoriality- outside jursidction- embassy, con
sulates, labor attache
Extension of the Philippine territory.
Prospectivity- the law look forward and not backwar
d
Principle against retroactivity
lex prospicit non respicit
Exception to the Rule
The law may look backward- retroactive if it is
favorable to the accused- PRO-REO
Exception to the exception- General Rule:
Habitualism and recidivism
Civil Law country- doctrines and codified laws
Anglo American- Common law- judicial prece
dent or stare decisis- based on case laws and
previous decisions
People of the Philippines vs. Juan De La Cruz f
or abortion
Juan De La Cruz vs Juana De La Cruz for annul
ment of marriage
nullum crimen nullum prohibitum
Supervening Event
Life Imprisonment- unlimited , indefinite= imposed
on violations special penal law
Reclusion perpetua- 20 years and 1 day up to 4o yea
rs
Reclusion temporal- 12 years and 1 day up to 20 yea
rs
Prision mayor- 6 years and 1 day up to 12 years
Prision correccional- 1 year and 1 day up to 6 years
Arresto mayor- 1 month and 1 day up to 1 year
Arresto menor 1 day up to 30 days
 conspirators- principals- plan and agree toget
her to commit to a crime
the act of one is the act of all
Damage- injury, lesion
Damages- compensation, money
Moral, Exemplary, Nominal, Temperate and a
ctual
Parole and probation
Pardon
Commutation- decrease
Reprieve - postponement of sentence
Justifying- none at all- no criminal no civil lia
bility
Exempting- no criminal liability but there is ci
vil liability
Civil interdiction of a person
RA 9439- Anti- illegal detention act- Service, s
emi-private
NBB- No balance billing
Those who are covered- Private pay, HMO.
Extraordinary due care
Diligence of a good father of the Family- GFF
Pancuronium Bromide- potent muscle relaxant
Res ipsa loquitur- let the thing speaks for itself
burden of proof- complainant, plaintiff
shifted burden proof- defendant
sponge left in the abdomen
instrument left
injuries sustained by the patient
3 requisites for res ipsa loquitur
1. incident was of type that does not generally o
ccur without the negligence of a person or a n
urse (proximate cause)
2. the act was caused by instrumentality or agen
t of the principal or defendant
3. The plaintiff or family did not contribute to the
injury (contributory negligence
Ganuelas, CD BSN4D – ARCHEONA 2024
Respondeat superior- command responsibility
employer- employee relationship
superior answer for the fault of the subordinat
e
captain of the ship doctrine and borrowed ser
vant.
defense: Nurses and doctors- extraordinary di
ligence
Employers and Hospitals- GFF- good father of the fa
mily
1. proper selection and recruitment
2. proper training, monitoring and evaluation
Stare decisis- judicial precedents- previous decision
of similar issues and facts
Somera case- stare decisis for negligence
Narciso- Lorenzo Perez Case- stare decisis for malp
ractice
Contributory negligence- mitigating circumstances
not exempting
AWOL- French Leave
Absence without Leave
BAR
Benefits, Alternatives, Risks
18 years of age
Parents/Guardians
Grandparents/Paternal/Maternal
Elder Brother or Sister
Next of Kin
Stranger/Guardian ad litem
In emergency- therapeutic privilege
surgeon/doctor who will operate
Chief of the Hospital
Nominate- names, labels and they have designation,
writing , formal and expressed
facio ut des- I do that you may give
Facio ut facias- I do that you may do
do ut des- i give that you may give
do ut facias- i give that you may do
Rescissible- cause and consideration defect RMAO- Records Management and Archives Office
Voidable/annullable- consent medical certificate, abstract, history, lab test, diagno
unenforceable contract is with subject matter stics
Nurses notes, doctors order sheets, ,educatio
Void contract- null and void ab initio
n progress notes
Three defects- consent, cause and object
Succession- inheritance Subpoena duces tecum
Dr. Lawrence Weed
Decedent- testator/testatrix- left w will
No will- intestate Seal of secrecy
Estate- bounty/wealth
Ignorantia legis non excusat
donations/gifts; gifts mortis cause/donation causa
Dura sed lex - the law may be harsh but it is the law
intervivos- lifetime
device-devisee- real property
legacy-legatee- personal
compulsory
heirs, children spouse ascnendnats, descnendants

nuncupative will- oral will

dying declarations- last words
res gestae- crime and the criminal
living will- advance directives- dos and donts
DNR
DNA
DNT
DNI
AND
ANR

Health Care Proxy- patient surrogate- durable power

of attorney
Notarial- statutory will, ordinary will notary public la
wyer
3 or more subscribing or more
witnesses
Holographic- made , dated and signed by the testato
r himself
no need of lawyer, no need of witnesses
Testamentary- comprehend: the nature of the bount
y and the nature of the disposition
Probate court-judge intestate

Escheats- the state or government is the last heir

take over your property if there is no will and no heirs
Nurses and Records
Content of the chart is owned by the patie
Physical property of chart - admitting hospital
own it

Ganuelas, CD BSN4D – ARCHEONA 2024