THE MAGNA CARTA OF

THE PUBLIC HEALTH

WORKERS
OBJECTIVES:

General:
At the end of my report, the BSN 4K students will gain
knowledge and understanding about the Magna Carta of the
Public Health Workers, legal safeguard and Legal
responsibilities of nursing and it would be utilized in their
chosen career path.

SPECIFIC:
The above stated general objective will be achieved
through the following specific objectives, such as:

A. Discuss the Magna Carta of the Public Health Workers;

B. Discuss the different types of legal responsibilities of
nursing ;and
C. Discuss the different kinds of Legal safeguards in nursing
 REPUBLIC ACT NO. 7305
THE MAGNA CARTA OF THE PUBLIC HEALTH
WORKERS

• Section 1- This act shall be known as the Magna Carta of Public

health Workers”

• Section 2. Declaration pf Policy and Objectives

state shall instill health consciousness among our people to
effectively carry out the health programs and projects of the
government essential for the growth and health of the nation.

• Section 3. Definition
For purposes of this Act, “ Health workers” shall mean all persons
who are engaged in health and health- related work, and all persons
employed in all hospital, sanitaria, health infirmaries, health
centers, rural health units, barangay health stations, clinics and
other health- related establishment owned and operated by the
government or its political subdivisions with original charters and
shall include medical, allied health professionals, administrative and
supports personnel employed regardless of their employment status.
Section 4. Recruitment and Qualifications
Recruitment policy and minimum requirements will respect
to the selection and appointment of a public health worker shall be
developed and implemented by the appropriate government
agencies concerned in accordance with policies and standards of
the Civil Service Commission.

• Section 5. Performance Evaluation and Merit Promotion

The Secretary of health, upon consultation with proper
government agency concerned and the Management Health
Workers’ Consultative Councils, as established under Section 33
of this act, shall prepare a uniform career and personnel
development plan, shall include provisions on merit promotion,
performance evaluation, in service training grants, job rotation,
suggestions and incentives award system.

• Section 6. Transfer or Geographical Reassignment of Public

Health Workers
A. transfer is a movement from one position to another
which is of equivalent rank, level or salary without break in
services;
B. A geographical reassignment, hereinafter referred to as “
reassignment”, is a movement from one geographical location to
another, and
C. A public health worker shall not be transferred and/ or
reassignment of the public health and his/ her immediate family
shall be paid for the Government.
Section 7. Married Public health Workers
Whenever possible, the proper authorities shall take
steps to enable married couples, both of whom are public
workers, to be employed or assigned in the same municipality,
but not in the same office.

Section 8. Security of Tenure

In case of regular employment of public health
workers, their services shall not be terminated except for
cause provided by law and after due process.
• Section 9. Discrimination Prohibited
A public health worker shall not be discriminated
against with regard to gender, civil status, health
worker’s organization or unions, shall formulate and
prepare the necessary rules and regulations to
implement the provisions of this Act.

• Section 10. No Understaffing/ Overloading of health Staff

There shall be no understaffing or overloading of
public health workers. The ration of health staff to
patient load shall be such as to reasonably effect a
sustained delivery of quality health care at times without
overworking the public health worker and overextending
his/her duty and service
Section 11. Administrative Charges.
Administrative charges against a public health
worker shall be heard by a committee composed of the
provincial health officer of the province where the public
health worker belongs, as chairperson, a representative of
any existing national or provincial public health workers’
organization or in its absence its local counterpart and a
supervisor of the officer mentioned above.

• Section 12. Safeguards in Disciplinary Procedures

a. In every disciplinary proceeding, the public health
workers shall have:
b.The right to be informed, in writing, to the charges;
c.The right to full access to the evidence in the case;
d.The right to defend himself and to be defended by a
representative of his choice and/or by his organization
e. The right to confront witness presented against him
and common witness in his behalf;
f.The right to appeal to designated authorities;
g.The right to reimbursement of reasonable expenses
incurred in his defense in case of exoneration or
dismissal of the charges;
h.Such other rights as will ensure fairness and
impartiality during proceedings;
 Section 13. Duties and Obligations
The public health worker shall:
Discharge his duty humanely with conscience and dignity;
Perform his duty with utmost respect for life, and
Exercise his function without consideration to race, gender,
religion, nationality, party, politics, social standing or capacity
to pay.

Section 14. Code of Conduct

Within six months from the approval of this act, the Secretary of
Health, upon consultation with order appropriate agencies,
professional and health workers’ organization shall formulate
and prepare a Code of Conduct for Public Health workers, which
shall be disseminated as widely as possible.

Section 15. Normal Hours of Work

The normal hours of work of any public health worker shall not
exceed eight hours a day or forty hours a week.
• Section 16. Overtime Work
Where the exigencies of the service so require any
public health worker maybe required to render service
beyond the normal eight hours a day. In such a case, the
workers shall be paid an additional compensation in
accordance with existing laws and prevailing practices.
Section 17. Work During Rest Day
Where a public health worker is made to work on his
scheduled rest day, he shall be paid an additional
compensation in accordance with existing law
Where a public health worker is made to work on any
special holiday he shall be paid an additional compensation
in accordance with existing laws.

• Section 18. Night- shift Differential

Every public health worker shall be paid a night- shift
differential of ten percent of his regular wage for each
hour of work performed during the night- shifts
customarily by hospitals.
Every health worker required to work on the period
covered after his regular schedule shall be entitled to his
regular wage plus the regular overtime rate and an
additional amount of ten percent of such overtime rate
for each hour of work performed between ten o’clock in
the evening to six o’clock in the morning.
Section 19. Salaries
In the determination of the salary scale of public
health workers, the provision of republic Act No. 6758 shall
govern, except that the benchmark for Rural Health
Physicians shall be upgraded to Grade 24.
a.Salary Scale
b.Equality in Salary scale
c.Salaries to be Paid in Legal tender
d.Deductions Prohibited

• Section 20. Additional Compensation

Notwithstanding Section 12 of republic Act No. 6758,
a public health worker shall receive the following
allowances: hazard allowance, subsistence allowance,
longevity pay, laundry allowance and remote assignment
allowance.
Section 21. Hazard allowance
Public health workers in hospital, sanitaria rural health
units, main health center, health infirmaries, barangay health
stations, clinics and other health- related establishments located in
difficult area strife- torn or embattled area, distressed or isolated
stations, prison camps. Mental hospitals, radiation exposed clinics,
laboratories or disease- infected areas or in areas declared under
state calamity or emergency for the duration thereof which expose
them to greater danger, shall be compensated hazard allowances
equivalent to at least twenty- five of monthly basic salary of health
workers receiving salary grade 19 and below, and five percent for
health workers with salary grade 20 and below.

• Section 22. Subsistence Allowance

Public health workers who are required to render service
within the premises of hospital , sanitaria, health infirmaries,
main health centers, rural health units and barangay health
stations or clinics, shall be entitled to full subsistence allowance
of three meals which may be computed in accordance with
prevailing circumstances as determined by the Secretary of
Health in consultation with the Management health Workers’
Consultative Councils, as established under Section 33 of this
Act.
Section 23. Longevity Pay
A monthly longevity pay equivalent to five percent of
monthly basic pay shall be paid to a health worker for every
five years of continuous, efficient and meritorious services
rendered as certified by the chief of office concerned
commencing with the service after the approval of the Act.

Section 24. Laundry Allowance

All public health workers who are required to wear uniforms
regularly shall be entitled to laundry allowance equivalent
to one hundred twenty- five per month.

Section 25. Remote Assignment Allowance

Doctors, dentists, nurses, and midwives who accept
assignments as such in remote areas or isolated stations,
which for reasons ao far distance or hard accessibility, such
positions had not been filled for the last two years prior to
the approval of this act, shall be entitled to reimbursement
of the cost of reasonable transportation to and from such
remote post or stations, upon assuming or leaving such
position and during official trips.
Section 26. Housing
All public health workers who are on tour of duty and
those who, because of unavoidable circumstances are
forced to stay in hospital, sanitaria or health infirmary
premises, shall be entitled to free living quarters, sanitarium
or health infirmary or if such quarters are not available,
shall receive quarters allowance as may be determined by
the secretary Of Health and other appropriate government
agencies concerned.

Section 27. Medical examination

Compulsory medical examination shall ne provided
free of charge to all public healtn workers before entering
service in the Government or its subdivisions and shall be
repeated once a year during the tenure of employment of all
public health workers.

Section 28. Compensation for Injuries

Public health workers shall be protected against
consequences of employment injuries in accordance with
existing laws.
Section 29. Leave Benefits for Public Health Workers
Public health workers are entitled to such vacation
and sick leaves as provided by existing and prevailing
practices. Women health workers are also entitled to such
maternity leaves provided by existing laws and prevailing
practices.

Section 30. Higher basic Salary Upon retirement

Three months prior to the compulsory retirement,
the public health worker shall atomically be granted one
salary range or grade higher than his salary and his
retirement thereafter, computed on the basis of his highest
salary: Provided, that he has reached the age and fulfilled
service requirement under existing laws.

Section 31. Right to Self- Organization

Public health workers shall have the right to freely
form, join or assist organizations or unions for purposes not
contrary to law in order to defend and protect their mutual
interests and to obtain redress of their grievances through
peaceful concerted activities.
Section 32. Freedom from Interference of Coercion
It shall be unlawful for any person to commit any of the
following acts of interference or coercion:

A. To require as a condition of employment that a

public health worker shall not join a health workers’
organization or union or shall relinquish membership
therein;
B. To discriminate in regard to hiring or tenure of
employment or any item or condition of employment in order
to encourage or discourage membership in any health
organization or union;
C. To prevent a health worker from carrying out
duties laid upon him by his position in the organization or
union or to penalize him for the action undertaken in such
capacity;
D. To harass or interfere with discharge of the
functions of the health worker when these are calculated to
intimidate or to prevent the performance of his duties and
responsibilities; and
E. To otherwise in the establishment, functioning or
administration of health workers’ organization or unions as
well as other appropriate government agencies concerned
shall be consulted by the Secretary of Health.
Section 33. Health Human Resources Development/
Management Study
The Department of Health shall conduct a periodic
health human resource development management study
into among others, the following areas:
A. Adequacy of facilities and supplies
B. Opportunity for health workers to grow and
develop their potentials and experience a sense of worth
and dignity in their work.
C. Mechanism for democratic consultation in
government health institutions;
D. Staffing patterns and standards of health care to
ensure that the people receive quality care
E. Ways and means of enabling the rank and file
workers to avail of education opportunities for personal
growth and development;
F. Upgrading pf working conditions, reclassification
of positions and salaries of public health workers to correct
disparity; and
G. Assessment of the national policy on exportation
of skilled health human resource to focus on how these
resources could instead be utilized productively for the
country’s needs.
Section 34. Rules and Regulations
The Secretary of health after consultation with
appropriate agencies of the Government as well as
professional and health workers’ organization or unions,
shall formulate and prepare the necessary regulations to
implement the provisions of this Act.

Section 35. Prohibition against Double Recovery of Benefits

Whenever other laws provide for the same benefits
covered by this Act. The public health worker shall have the
option to choose which benefits will be paid for him.

Section 36. Prohibition against Elimination and/ or

Diminution
Nothing in this laws shall be construed to eliminate
or in any way diminish benefits being enjoyed by public
health worker at the time of the effectively of the Act.
Section 37. Budgetary Estimates
The Secretary of health shall submit annually the
necessary budgetary estimated to implement the provision
of this Act. In staggered basis of implementation of the
proposed benefits until the total on Nine- hundred forty- six
million six- hundred sixty- four thousand pesos in attained
within five years.

Section 38. Penal Provision

Any person who shall willfully interfere with, restrain
or coerce any public health worker in the exercise of his
rights or shall in manner commit any act in violation of any
provision of this Act. Upon conviction, shall be punished by
a fine of not less than Twenty thousand pesos but not more
than Forty- thousand pesos or imprisonment of not more
than one year or both at the discretion of the court.

Section 39. Separability clause

If any provision of this Act is declared invalid, the
remainder of this act or any provision not effected thereby
shall remain in force and effect.
Section 40. Repealing Clause
All laws, presidential decrees, executive orders and
their implementing rules, inconsistent with the provisions of
this Act are hereby, repealed, amended or modified
accordingly

Section 41. Effectivity

This Act shall take effect fifteen days after its
publication in at least two national newspapers of general
circulation.
 LEGAL
RESPONSIBILITIES OF
NURSING
Crime
Act committed in violation of social law

Negligence
Is the unintentional tort of acting or failing to act as
an ordinary, reasonable, prudent person, resulting in harm
to the person to whom the duty of care is owed.
Failure to observe the protection of one’s interest, the
degree of care, and vigilance of circumstances.

Example: Incorrect sponge counts; burns; falls; mistaken

identity

The legal elements of negligence consist of:

B- breach of duty
R- real or actual proof injuries to the standards of care
O- owed a specific nursing duty
D- defendant breach the duty
Types of crime

• PROPERTY CRIME
 category of crime that includes motor vehicle theft, shoplifting, and
vandalism. It only involves the taking of money or property, and does not
involve force .

PUBLIC ORDER CRIME

 crime which involves acts that interfere with the operations of
society and the ability of people to function efficiently.
VIOLENT CRIME
is a crime in which the offender uses or threatens to use violent
force upon the victim. It includes crimes committed with and without
weapons.

• FEDERAL CRIME
 is a crime that is either made illegal by U.S federal
legislation or a crime that occurs on U.S federal property.
Malpractice
Is the term used for professional negligence. When
fulfillment of duties requires specialized education, the term
malpractice is used.
Involves any conduct that exceeds the limit’s of
one’s professional standards means going beyond the
context or scope of allowed nursing practice.
An important principle in understanding negligence
is respondeat superior or the captain of the ship doctrine.
This doctrine holds employers liable for any
negligence by their employees when the employees were
acting within the realm of employment and when the
alleged negligent acts happened during employment.

Example: prescribing drugs; giving anesthesia; doing

surgery

Elements of malpractice includes:

P- professional Specific standards of care is required
R- required obedience
E- exceeds the limits of the standard of care
Torts
Is “a legal or civil wrong committed by one person
against the person or property of another”
A tort can be any of the following:

a.the denial of a person’s legal right

b.the failure to comply with a public duty
c.the failure to perform a private duty that results in harm to
another

Quasi- intentional Tort

Is a combination of an unintentional and an
intentional tort. It is defined as “a voluntary act that directly
causes injury or distress”
The elements of cause and desire are present, but the
element of intent is missing.
Category of TORTS

• INTENTIONAL TORT
 are any intentional acts that are reasonably
foreseeable to cause harm to individual.
 It have several subcategories including assault,
battery, false imprisonment, intentional infliction of
emotional distress, and fraud.
LEGAL SAFEGUARD
Written Consent
Consent means approval of what is proposed by another. It
is a person’s agreement to allow something to happen, such as
surgery, which is based on a full disclosure of facts needed to make
the decision intelligently, that is, knowledge of risk involved,
alternatives, and the like.

Criteria to ensure that a client has actually given a consent:

a. A mentally competent adult has voluntarily given the
consent
b. The client understands exactly to what he/she is
consenting
c. The consent includes the risks involved in the procedure,
alternative treatments that may be available, and the
possible outcome if the treatment is refused
d. The consent is written
e. A minor’s parent or guardian usually gives consent for
treatment
CONTRACTS

is an agreement which creates an obligation. It is an

agreement upon sufficient consideration to do or not to do a
particular thing.

A contract may be either express or implied:

EXPRESS CONTRACT
is a contract in which the agreement is formal and stated
either verbally or in writing. It is a contract wherein the terms of the
agreement are declared at the time it is entered into.

IMPLIED CONTRACT
Is a contract wherein the agreement in fact is presumed or
inferred from the acts of the parties. An implied contract may also
arise from mere consent.
VALIDITY OF CONTRACTS

To be valid, a contract must be binding on both

contracting parties; the validity of a contract or
compliance therewith cannot be left to the will of one
of them. Obligations arising from contracts have the
force of law between the contracting parties and
should be complied with in good faith.
STATUTORY REQUISITES OF A CONTRACT

1. Consent of the contracting parties;

2. Object certain which is the subject matter of the
contract; and
3. Cause of the obligation which is established.

OBJECTS OF CONTRACTS

1. All things which are not outside the commerce of men,

including future things;
2. All rights which are not intransmissible;
3. Future inheritance in case expressly authorized by the
law; and
4. All services which are not contrary to law, morals, good
customs, public order of public policy.
CAUSE OF CONTRACT

Cause of a contract means the consideration of the

contract, that is, the material cause, reason, motive, price, or
impelling influence which induces a contracting party to enter into
contract.

VOID OR INEXISTENT CONTRACTS

1. If the cause, object or purpose of the contract is contrary

to law, morals, good customs, public order, or public policy;
2. If the contract is absolutely simulated or fictitious;
3. If the cause or object of the contract did not exist at that
time of the making of the contract;
4. If the object of the contract is outside the commerce of
men;
5. If the contract contemplates or intends a performance of
an impossible service;
6. If the intention of the contracting parties as to the
principal object of the contract cannot be ascertained ;
7. If the contract is one which is expressly prohibited or
declared by law as void or invalid and ineffective.
Incident Report
Is used to collect and analyze data for future
determination of the risk.
A tool used as a means of identifying and improving
client care.
This should be completed in a timely manner.
Should be accurate, objective, complete, and
factual.

Rule in writing an incident report:

a. Don’t use the word error or include lawful judgment or
inflammatory words

Common situation that requires an incident report:

a. Falls, burns & medication error
b. Break in the aseptic technique
c. Incorrect sponge count during surgery
d. Failure to report the clients condition
NURSES AND WILLS

Sometimes, a patient who is seriously ill or in danger of

death desires to execute a will without unnecessary delay. Under
such circumstances, specially when there is no lawyer available at
the moment, the attending nurse may likely be requested to help
the patient prepares his will. A nurse who knows the requirements
and procedures in the making of wills would be in a better position
to serve the interest of her patient where it becomes necessary for
her to help the patient prepares his will.
DECEDENT AND TESTATOR
The general term applied to the person whose property is
transmitted through succession, whether or not he left a will; if he
left a will, he is also called testator.

WILL
Is an act whereby a person is permitted, with the
formalities prescribed by law, to control to a certain degree the
disposition of his state, to take effect after his death.

NATURE OF THE ACT

The making of a will is a strictly personal act; it cannot be
left in whole or in part to the discretion of a third person, or
accomplished through the instrumentality of an agent or attorney.

CAPACITY TO MAKE A WILL

Physical ailments and debility due to old age do not prelude
the possession of mental capacity to make a will; to have
testamentary capacity does not necessarily mean that the testator
should be in full possession of all his reasoning faculties.
WHO MAY MAKE A WILL
All persons who are not expressly prohibited by law may
make a will. A married woman may have a will without the consent
of her husband, and without the authority of the court.

PERSONS DISQUALIFIED TO MAKE A WILL

Persons of either sex under eighteen(18) years of age
cannot make a will. In order to make a will, it is essential that the
testator be of sound mind at the time of its execution.

FORMS OF WILLS:

AUTHENTICATION OF WILLS
Every will must be subscribed at the end thereof by the
testator himself or by the testator’s name written by some other
person in his presence, and by his express direction, and attested
and subscribed by three or more credible witness in the presence of
the testator and of one another.
ATTESTATION CLAUSE
is meant “ that clause wherein the witnesses certify that
the instrument has been executed before them, and the manner of
the execution of the same. It is signed not by the testator but by
the witnesses, for it is a declaration made by the witnesses and
not by the testator.

HOLOGRAPHIC WILLS
A person may execute a holographic will, that is, a will
which is entirely written, dated, and signed by the hand of the
testator himself. A holographic will is subject to no other form and
need not be witnessed.
WHO CAN BE A WITNESS TO WILLS
a. any person of sound in mind and of the age of eighteen
years old or more;
b. not blind, deaf or dumb; and
c. able to read and write
LEGAL PROBLEMS
NURSING PROCESS

1. Nursing Assessment – collecting of data regarding your patient’s

signs and symptoms.

2. Nursing diagnosis- appropriately identifying the patient’s

problems.

3. Planning- setting goals of care and desired outcomes and

identifying appropriate nursing actions.

4. Implementation- performing the nursing actions identified in

planning

5. Evaluation- determining the goals were met and the outcomes

were achieved and appropriately revising the care plan based on
the patient’s response.
SEVEN KEY PRINCIPLES
1. Administer medications properly

2. Monitor for report of deterioration

3. Communicate effectively

4. Delegate responsibly

5. Document in an accurate, timely manner

6. Know and follow facility policies and

procedures

7. Use equipment properly.