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FELONIES
Felonies are crimes punished by the Revised Penal Code of the Philippines.
LEGAL MAXIMS: “Actus non facitreum nisi mens sit rea” meaning the act itself does not make a man guilty unless his intentions were
so.“Actus me invite factus non estmeusactus” meaning An act done by me against my will is not my act.
PERSONS CRIMINALLY LIABLE
1. Principals are persons who took part in the crime by:
Direct participation or taking a direct part in the execution of the felony
Induction or directly forcing or inducing others to commit a crime
Indispensable cooperation or by cooperating in a commission of the felony by another act without which the crime would
not have been accomplished.
2. Accomplices are persons who are not principals but cooperate in the execution of the felony by previous or simultaneous acts. Also
called accessory before the fact.
3. Accessory are persons who having knowledge of the commission of the crime, and without having anticipated therein, either as
principals or accomplices, take part after the crime was committed in any of the following manners:
By profiting themselves or assisting the offender to profit by the effects of the crime
By concealing and destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery
By harbouring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse
of his public function or whenever the author of the crime is guilty or treason, parricide, murder or on an attempt to take the
life of the Chief Executive, or is known to be habitually guilty of some other crime.
Accessories Exempted from Criminal Liability – An accessory is exempted from criminal liability when the principal of the
felony is a spouse, ascendant, descendant, brother, sister or relative by affinity within the same degree.
d. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his
spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same
degrees
e. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation;
f. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentyation of the evidence of the prosecution;
g. That the offender is deaf and dumb, blind or otherwise suffering some physical defects which thus restricts his means of
action, defense, or communication with his fellow beings; and
h. Such illness of the offender and would diminish the exercise of the willpower of the offender without however depriving him
of consciousness of his acts.
4. Aggravating circumstances are those which, if attendant to the commission of the crime, serve to increase the liability of the
offender.
a. That advantage be taken by the offender of his public position
b. That the crime was committed in contempt or insult to the public authorities
c. Taht the act was committed with abuse of confidence or obvious ungratefulness
d. Taht the crime committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaed in the
discharge of their duties or in a place dedicated to public worship
e. That the crime be committed in the nightitme or uninhabited place, or by a band, whter such circumstances may facilitate that
commission of the offense
f. That the crime be committed in the occasion of conflageration, shipwreck, earthquake, epidemic, or other calamity or misfortune
g. That the crime be committed with the aid of armed men or person who insure or afford immunity
h. That the crime be committed in consideration of a price, reward or promise;
i. That the crime be committed by means of inundation, fire, explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice involving great waste and ruin
j. The crime be committed with evident premeditation
k. That the craft, fraud or disguise be employed or the crime committed with treachery.
5. Alternative circumstances are those which musty be taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and other conditions attending its commission. They are:
a. Degree of instruction and education of the offender
Low degree of instruction or lack of it is generally mitigating
High degree of instruction and education is aggravating when the offender avails himself of his learning in committing the
crime
The accused who studied up to the sixth grade has sufficient schooling and
Not mitigating in crimes against poverty
b. Intoxication-
It is mitigating when intoxication is not habitual and not subsequent to the plan to commit a felony
It is aggravating when intoxication is habitual or if it is intentional
c. Relationship- when the offended party is the spouse, descendant, ascendant, natural or adopted brother or sister, or relative by
affinity in the same degree, of the offender
Relationship is mitigating in crimes of robbery, usurpation, fraudulent insolvency and arson
Relationship is aggravating in crimes against person where the offended party is a relative of a higher degree or when the
offender and offended party are of the same levels
Relationship is mitigating in trespass to dwelling
Relationship is aggravating in crimes against chastity murder, homicide and any of the serious physical injuries
PENALTY = is the suffering inflicted by the State for the violation of the law. Penalty has several purposes. It suppress criminal acts; protects
society from the threat and wrong inflicted by the criminal acts; protects society from the threat and wrong inflicted by the criminal thus it is a
measure of self defense; it helps correct and reform the offender; serves as an example to deter others from committing crimes and finally.
Imposition of penalty is an act of retributive justice. It is rightful measure against a criminal who violates the right of his fellowmen and the
moral law.
The Different Penalties
1. Capital Punishment- Death
2. Afflictive Penalties
a. Reclusion perpetua- 20 years and one day to 30 days
b. Reclusion temporal- 12 years and one day to 20 years
c. Prison mayor- 6 years and one day to 12 years
The fine for afflictive penalties is over P6,000.00
3. Correctional Penalties
a. Prison correctional- 6 months and one day to 6 years
Dispensing OfAbortiveis the unlawful dispensing of any abortive by any pharmacist without the proper prescription from a physician.
Mutilation is the deliberate lopping or clipping off of some part of the body of another person with the purpose of depriving the person of that
part of his body. If the mutilation was committed without deliberate intent of depriving the person of that part of his body, it will be considered
as physical injuries. Mutilation of the reproductive organs such as the penis and ovary is considered castration.
Physical Injuries can be:
1. Serious physical injuries consist of wounding, beating, assaulting and administering injurious substances to another person which may
be committed by reckless imprudence or negligence. The harm or injury inflicted on a person will be considered serious physical injury
when:
The injured person becomes insane, imbecile, impotent or blind.
The injured person loses the use of speech, power to hear or smell, loses an eye, a foot, a hand, an arm or a leg, or becomes
incapacitated for the work in which he/she is habitually engaged.
The person injured becomes deformed or loses any other member of the body, becomes incapacitated or ill for the performance of
the work in which he was habitually engaged for more than 30 days.
2. Less serious physical injuries is a harm or injury inflicted on a person which incapacitates the person for labor for 10 days or more but no
more than 30 days or needs medical attendance for the same period of time.
3. Slight physical injury is an injury or harm inflicted on a person which incapacitates the offended party from one to nine days or requires
medical attendance during the same period. Slight physical injury may be committed by ill treatment of another person; the evidence of
actual injury may not be present.
Rape may be classified into:
1. Rape By a Man of a Woman – This is the felony committed by a man who has carnal knowledge pf a woman under any of the following
circumstances:
Through force, threat or intimidation
When the offended party is deprived of reason or otherwise unconscious
By means of fraudulent machination or grave abuse of authority
When the offended party is under twelve years of age or is demented, even though none of the circumstances mentioned above are
present.
2. Rape By Any Person of Another Person – This is the felony committed by any person who commits an act of sexual assault either:
By inserting his penis into another person’s mouth or anal orifice, or
By inserting any instrument or object into the genital or anal orifice of another person, under any of the following circumstances:
Through force, threat or intimidation
When the offended party is deprived of reason or otherwise unconscious
By means of fraudulent machination or grave abuse of authority
When the offended party is under twelve years of age or is demented, even though none of the circumstances mentioned
above are present.
CRIMES AGAINST LIBERTY AND SECURITY
ILLEGAL DETENTION is the crime committed by a private individual who unlawfully deprives another person of liberty. This may be
committed by hospital personnel who refuse to discharge patients and would not allow them to leave the hospital because non-payment of
hospital bill
ABANDONMENT OF PERSONS IN DANGER is the crime committed by anyone who fails to render assistance to any person whom he finds
in an uninhabited place wounded for in danger of dying, when he can render assistance without detriment to himself. It is also committed to
anyone, who having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or
shall fail to take him to a safe place.
ABANDOMENT OF ONE’S VICTIMS is committed by anyone who shall fail to help or render assistance to another whom he has accidentally
wounded or injured; and
LIGHT THREATS means a threat to commit a wrong not constituting a crime, and that there is a demand for money or that other condition is
imposed, even though that condition is not unlawful. Thus a midwife who threatens a patient that he will suffer severely from his disease of he
will no take his medications or will not sign the consent for surgery may be liable for light threats.
GRAVE THREATS are committed by any person who shall threatened another with the infliction upon the person, honor or property of the
latter or of his family of any wrong. A midwife who threatens a hospital director that she will publish to a newspaper evidence of graft and
corruption committed by the hospital director if the latter does not accept her job application may be charged of grave threats
GRAVE COERCIONS can be committed by a person either by:
1. Preventing another person by means of violence from doing something and prohibited by law
2. Compelling another by means of violence to do something against his will, whether it be right it wrong
REVELATION OF SECRETS is committed by an employee, manager, or servant who learns the secret of his principal or master in such
capacity and reveals such secrets. This crime may be committed by midwives who reveal the secrets of their patients to other persons. The
midwife must always remember that she is duty bound to keep all secrets entrusted to her by her patients even after the death of her patient.
The midwife may reveal these secrets only with:
1. The permission of the patient
2. When its revelation is necessary for the common good
3. When there is a court order that requires her to reveal them
CRIMES AGAINST PROPERTY
ROBBERY is committed by any person who, shall take the personal property belonging to another with the intent to gain by means of force,
intimidation of any person, or using force upon anything.
THEFT is committed by any person, who with intent to gain but without violence against, intimidation of neither persons nor force upon things,
shall take the personal property of another without the latter’s consent. A person who has found lost property and fails to deliver the same to
the local authorities or to its owner is also guilty of theft.
SWINDLING OR ESTAFA is the crime committed by any person who defrauds another.
MALICIOUS MISCHIEF is the crime committed by any person who deliberately causes to the property of another any other damage (id est,
not falling within the terms of Arson and Other Crimes Involving Destructions).
DESTRUCTIVE ARSON is the crime committed by any person who burns a building, train, ship, airplane, etc.
CRIMES AGAINST CHASTITY
ADULTERY is the crime committed by any married woman who has sexual intercourse with a man not her husband and by the man who has
carnal knowledge of her.
CONCUBINAGE is committed by any married man who either:
1. Keeps a mistress in a conjugal dwelling
2. Has sexual intercourse, under scandalous circumstances, with a woman who is not his wife
3. Cohabits with a woman not his wife in any other place
ACT OF LASCIVIOUSNESS refers to an act or conduct that is lewd or lascivious. “Lascivious” means lustful, or tending to produce
voluptuous or lewd emotions; and the term “lasciviousness” comprises all acts of lasciviousness performed upon a person of either sex short
of lying with a woman and anything leading up to it, independently of the intention of the wrongdoer.
SEDUCTION means withdrawing a person from the path of rectitude. As a felony, it may be simple or qualified:
1. Simple Seduction refers to a seduction of (or the unlawful carnal intercourse with) a woman who is single or a widow of good
reputation, over twelve but under eighteen years of age, committed by means of deceit.
2. Qualified Seduction is the seduction of a “doncella” (or virgin) over twelve years and under eighteen years of age, committed by any
of the following:
Any person in public authority; Priest: Home-servant: Domestic: Guardian: Teacher
Any person who, in any capacity shall be entrusted with the education or custody of the woman seduced
Any person who seduces his sister or descendant, whether or not she is a virgin or over eighteen years of age
ABDUCTION is the kidnapping of a woman by removing her from her home, or from whatever place she may be, to take her to some other,
with the intent to marry or corrupt her (“libidiniscausa”). It may be forcible or consented:
1. Forcible Abduction, as a felony, is the abduction of any woman against her will and with lewd designs
2. Consented Abduction, as a felony, is the abduction of a virgin over twelve and under eighteen years of age, carried out with her
consent and with lewd designs
CRIMES AGAINST CIVIL STATUS OF PERSONS
Simulation of Birth is committed by a woman who pretends that she is pregnant when in fact she is not, and on the day of the supposed
delivery takes the child of another as her own. The woman who simulates birth and one who furnishes the child are both responsible as
principals.
SUBSTITUTING ONE CHILD FOR ANOTHER is committed by a person who exchanges babies without the knowledge of their parents with
the intention to cause the loss of any trace of their filtrations.
CONCEALING OR ABANDONING A LEGITIMATE CHILD with the intent of causing such a child to lose its civil status
CRIMES AGAINST HONOR
LIBEL is a public and malicious imputation of a crime, or a vice, or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person or to blacken the memory of the one who is
dead. Libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic
exhibition or any similar means.
SLANDER is oral defamation.Defense or libel are proof of truth, it was made with good motives and for justifiable end.
QUASI OFFENSES = It should be remembered that imprudence or negligence is not a crime in itself but simply a way of committing a crime.
SIMPLE IMPRUDENCE consists in the lack of precautions displayed in those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifested.
RECKLESS IMPRUDENCE consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his
employment and occupation, degree of intelligence, physical condition and other circumstances regardless of persons, time and place.
Imprudence indicates deficiency of action or skill. Imprudence may be avoided by taking the necessary precaution once wrongful acts are
foreseen.
NEGLIGENCE is the lack of foresight or deficiency of perception. Negligence is avoided by paying proper attention and using due diligence in
foreseeing wrongful acts.
Three Kinds of negligence
1. Contractual Negligence or Culpa Contractual – Negligence that results from breach of contract. There is pre-existing contract and
negligence resulted from failure to carry out the contract
2. Civil Negligence or Culpa AquilianaorTort or Quasi-Delict. There is no pre-existing contract except that there is a duty to be
careful in all human actuations.
3. Criminal Negligence or Culpa Criminal – Negligence that results in the commission of a crime.
Levels of Prevention
1. Primary level 1 - individual’s capacity is good experiences no illness
- immunization - health education - maintaining good habits
- avoidance of unhealthy ways of living - sufficient nutrition - personal development thrucounselling
- adequate housing - recreation - agreeable conditions in home
- occupation - sex education and counselling - water purification, sewage disposal, etc.
2. Secondary Prevention - individual is recovering from disease. Some aspects of his capacity are weakened by disease and should be
protected from potential complications.
- identifying potential complications - implementing measures - handwashing prior to nursing care
- casefinding - prompt and adequate treatment
3. Tertiary Level - to enhance remaining capacities and prevent deterioration due to disuse/unused - physical, speech, respiratory and
occupational therapies.
BASIC HEALTH SERVICES:
1. MCH 2. Epidemiology 3.Vital and Health Statistics 4.Environmental Sanitation5. Communicable Disease Control
MCH
1. Maternity care – prenatal, intranatal, postnatal 2. Child care – neonatal, Under 5 3. Family Planning – interconceptional care
COMMUNICABLE DISEASE CONTROL
Three (3) General Aspects of preventive phase:
1. health promotion – health habits, nutrition, health education 3. early diagnosis and treatment – prevent complication
2. specific protection – immunization
Responsibilities of the Midwife:
1. Report existence of communicable disease 3. Teach/demonstrate/supervise good nursing care
2. Find out what family knows about preventive control measures 4. Assist/guide in seeking prompt medical attention
HEALTH EDUCATION = Health education is the process whereby learning situations and experiences are created for the people so they
may be influenced to change their undesirable health knowledge, attitudes and practice for the improvement of personal, family and
community health.
General Aims of Health Education
1. Persuade people to adopt and sustain healthful life practice
2. to use wisely the health services available to them
3. to take their own decisions to improve their health status and environment
Principle of Health Education
1. Consider health status of the people 8. Achieved by doing
2. Health education is learning 9. It is a slow continuous process
3. It involves motivation 10. Makes use of complimentary aids and devices
4. Basic function of all public health workers 11. Utilizes community resources
5. Takes place in the home, school and community 12. Creative process
6. It is a cooperative effort 13. Helps people attain health thru their own efforts
7. Meets the needs , interests and problems of people affected 14. Makes careful evaluation of planning, organization and implementation
ASPECTS OF Health Education 1.Information 2.Communication 3. Education
Teaching Strategies used in Health Education
1. Lecture/discussion 2. Group work 3. Demonstration and practice
Seven Steps to Health Education:
1. make the community diagnosis 5. Show people what they can and what they want
2. Make health education plan 6. Record health education
3. Make friends with people you teach 7. Evaluate health education
4. Find people’s wants
DR. KNOWLES ADULT LEARNING THEORY:
- Adults have a need to know why they should leans something
- Adults have a deep need to be self-directing
- Adults have a greater volume and different quality of experience than youth
- Adults learn better if they understand how learning will help them
- Adults enter into a learning experience with a task-centered orientation to learning
- Adults are motivated to learn by both extrinsic and intrinsic motivators
ENVIRONMENTAL SANITATION = Prevention and control of diseases by eliminating or controlling the environment factors
Major fields of Activity
1. water supply sanitation 2. excreta and sewage disposal 3. control of rodents and insects
4. refuse storage collection and disposal 5. food sanitation 6. community sanitary survey 7. vital statistics
Sanitary Toilets 1.water sealed toilets 2. sanitarypitprivy Communal toilets
Unsanitary Toilets 1. Over - hung 2. antipolo 3. Cat hole
Sewerage – system of pipes, pumps, devices for collection, transportation and final disposal of waste water.
Sewer – pipe, conduct or channel intended to convey sewage
Sewage – waste water
Refuse disposal methods in the home:1. burial 2. Burning3.feeding to animals 4.composting 5. Grinding and disposal
Community refuse disposal: 1. dumping on land 2. sanitary land fall 3. composting
4. incineration 5. reduction 6. Zero-solid waste management (latest method)
VITAL HEALTH STATISTICS
- Refers to births, deaths, population, illness, marriages, and divorces
- Application of statistical methods and techniques to the study of vital facts such as those concerning births, marriages, deaths and illness
Crude Birth rate = no. Of registered live births x 1000
Population
Crude Death Rate = no. Of deaths in a year x 1000
Population
Maternal Mortality = no. Of deaths form maternal causes x 1000
Live birth
Neonatal Mortality Rate = Details under 28 days x 1000
Live births
Infant Mortality Rate = Deaths below 1 year x 1000
Live births
EPIDEMIOLOGY – scientific study of factors that influences frequency and distribution of diseases in man.
Steps in Epidemiological investigation:
1. Establish fact of presence of epidemic
a. verify diagnosis b. reporting c. unusual prevalence of disease should be noted
2. Establish time and space relationships of the disease
3. Relation to characteristics of the groups or community
4. Correlation of all date obtained
Other Responsibilities of the Midwife:
1. Community Mobilization 2. BHWs and Hilots 3.Counseling
4. Midwives records
- Target Client List - HBMR - Individual treatment record - Certificate of live birth
- FHSIS Form E2 (Maternal Death) - FHSIS Form E3 (Perinatal Death)