LAW AND MIDWIVES

LAW DEFINED A Rule of conduct or action formally recognized as binding and enforced by a controlling authority.

CHARACTERISTICS OF LAW
It is a rule of conduct or action which determines what can be done and what cannot be done. Law is obligatory which means that every person is obliged to follow the law. If a person disobeys the law, a punishment is imposed on him. It is promulgated by legitimate authority in the Philippines, the Congress, the Legislative body that enacts the law. Law is promulgated to regulate the conduct of man and maintain harmony in society, in order to be useful. No society can survive without law.

JURISPRUDENCE
Is the science of law. ( Webster1981) It embraces all the laws enacted by the legislative body of the State. All rules and regulation promulgated by those in authority, court decisions ad formal principles upon which laws are based ( Asper, 1990)

MIDWIFERY JURISPRUDENCE
The practice of midwifery is regulated by the following; The Midwifery Law The Constitution of the Republic of the Philippines Rules and regulation promulgated by the Board of Midwifery and PRC Decisions of the Board of Midwifery and PRC which has a bearing on the practice of midwifery. Decisions of the Supreme Court on cases relevant to Midwifery practice The Revised Rules of Court The National Internal Revenue Code Others laws which affects the practiced of midwifery The Labor Code Amendments of previous laws relevant to midwifery practice.

CLASSIFICATION OF LAW

1. NATURAL LAWS The Eternal Law

that is, Gods eternal plan and providence for the universe as known to man by his (mans) reason Considered to be superior to other laws and binding to the whole world.

NATURAL LAWS
a. Physical Laws laws of gravity, govern the movements of material things.
b. Moral Laws set of rules that establish what is right and what is wrong as dictated by human conscience and inspired by the eternal law.

2. Positive Laws
a. Divine Positive Laws- that are promulgated expressly and directly by God himself. Known to man as revelation. Ex. The Ten Commandments b. Divine Human Positive Laws- these are the laws that are promulgated by Gods representatives on Earth under His Divine inspiration ex. Ecclesiastical laws by the church.

Human positive Laws-

these are the positive laws promulgated by man.

Public Law
human positive laws that govern the relationship between the State and its citizens. These may be classified as;

Constitutional Law is the supreme and fundamental law of the State. Criminal Law law that defines crimes, treats, of their nature and provides for their punishments. Law of Public Officers that governs the conduct of those who hold and exercise public offices and functions.

Election Law
that governs the exercise of right of suffrage, especially in the selection of the representatives of the citizens of the government International Law it governs the relationship between and among states or nation

Private Laws
that govern the relationship between members of the society among citizens of State. They are further classified into;
1. Civil Law that regulate the relations that exits among members of the society for the protection of private interests.

Private Laws
Commercial Law that regulate the commercial or business relations among members of the society Remedial Law prescribe the methods of enforcing rights or of obtaining redress for their invasion

LAWS AFFECTING MIDWIFERY PRACTICE

Executive Order No. 51 - The Milk code ; aims to provide safe and adequate nutrition for infants by protection and promotion of breast milk. Executive Order No. 209 The Family Code; marriage is a special contract of permanent union between a man and a woman entered in accordance with law for the establishment of conjugal and family life.

Letter of Instruction No. 47

this law directs all schools of midwifery, social work, nursing, medicine and allied medical profession to include family planning in their curricula. Presidential Degree No. 825 improper garbage disposal and other forms of uncleanliness

LAWS AFFECTING MIDWIFERY PRACTICE

Presidential Decree No. 223 created the Professional Regulation Commission P.D. No. 148- the woman and child labour law. States that no child below 14 years old shall be employed.

P.D. NO. 442 THE LABOR CODE

P.D. No. 48 limits maternity leave benefits to four children Presidential Degree No. 69 limits the number of children to four for tax
exemption purposes.

P.D. No. 603 the child and youth welfare code

Presidential Degree No. 996 provides for the compulsory basic immunization for children and infants below eight (8 years old)