Branches of Law

Divine Law : promulgated by our Creator.

Human Law
* General / Public Law : includes
international law and religious law
* Individual or private law : consists of civil
law, mercantile and procedural law.

Jurisprudence
Etymology : juris (oral legal tradition and to
functional applications of Law, to and in
particular sets of facts ans circumstances);
prudentia (one who behaves prudently or
wisely because he has knowledge of the
possible consequences of a particular
action).

Jurisprudence (cont)
Denotes or pertains to the judicial
precedent or the course or established
decisions of the Supreme Court.

Kinds of Law

Major Groups of Law

Criminal laws
Regulate public conduct and set out
duties owed to society
Civil laws
Regulate relations between individuals
or groups of individuals

Criminal Laws
Legal action brought by the government
against a defendant (person charged with
committing a crime)
have penalties
Imprisonment, fines, probation (placed
under supervision)
Divided into felonies
and misdemeanors

Difference in criminal offenses

FELONY
Penalty is a
term of more
than one year
in prison
Murder,
robbery, rape,
possession with
intent to
distribute

MISDEMEANO
R
Penalty is a
prison term of
one year or
less
Simple assault,
minor theft,
possession

Kinds of Laws - Criminal

Duties to society
Cases brought by gov.
Types
Felony
Summary
Misdemeanor

beyond a reasonable doubt

the standard of proof required in most
criminal cases within an adversarial
system
Means that if a jury (or a judge in a bench
trial) has ANY reasonable doubts about
the defendants guilt then it MUST vote
not to convict

preponderance of evidence
standard of proof that must be met by a
plaintiff if he or she is to win a civil action
The jury (or judge) needs only to decide if
it is more likely than not that the plaintiffs
complaint is true.
Lower requirement for proof
Why?

Criminal

Unauthorized
use of car

Criminal

Parking Violation

Criminal

Laws to aide
persons with
diabilities

Drugs

Criminal

Civil Laws
Civil action
Lawsuit that can be brought by a
plaintiff (person) who feels wronged or
injured by another person
Courts may award the injured person
money for the loss or order the one who
committed the wrong to make amends
in
some other way
Automobile accident

Civil Laws
Regulate many everyday situations
Marriage
Divorce
Contracts
Real estate
Insurance
Negligence

Kinds of Laws Civil

Regulates relations b/w
individuals or groups
Brought by people for
injury by another person

Which Is It?
Truancy

Civil

Warranty Law

DAY 2

LEGAL ASPECTS OF
NURSING

General Divisions of Law

Natural Law an integral part of
nature because it is immutable
and inherent in the nature of
man or every element or part of
the universe.
Positive Law a precept made
and imposed by someone in
authority.
* divisions
- divine law
- human law

Applicable laws and

jurisprudence in nursing
practice
1. Constitutional Law is that
branch of the science of laws
which treats of the nature of
constitutions, their adoptions
and amendments, their
construction and interpretation
and of the validity of legal
enactments as tested by the
criterion of their conformity to
the law of the land.

Kinds of Constitution

Cumulative or evolved
constitution is one that
originates in customs,
common law principles,
decisions or courts, etc.
Conventional constitution is
an enacted constitution
because it is deliberately
passed by a representative
body or a ruler.

Kinds of Constitution (cont)

Written constitution is one where the

provisions are embodied in one
document or sets of documents while
an unwritten constitution is one where
most of the provisions are not in a
single document but scattered in
various sources such as customs and
traditions, statutory enactments of a
fundamental character, judicial
decisions and certain common law
principles.

Kinds of Constitution (cont)

Rigid constitution is one that

can be amended only by a
formal and usually difficult
process, whereas a flexible
constitution is one that can
be changed by ordinary
legislation.

2. Criminal Law the branch of law

which defines crimes, treats of
their nature and provides for their
punishment.
- Aptly described as the
instrument of criminal policy for it
is in criminal law that are found
- it covers offenses resulting to
injuries or death of the patients.

Prosecution of a criminal offense

resulting to injuries
Nature
Location
Size, shape
and incursion

Color
Number, and
Other
appearances

Re: Death of a patient..

Natural
Suicide
Homicide / murder / parricide
Accident
undetermined

Useful pieces of evidences

for the criminal offenses

Body
Objects on or with the body
Injuries sustained
Tissues and body fluids
Other medical evidence or
findings

R.A. 3815 otherwise known as

Revised Penal Code (RPC) which
was approved on December 8,
1930 which defines crimes, treats
of their nature and provides for
their punishment.

3. Civil Law - the branch of Law that pertains to

the organization of the family and the
regulation of property. It has been defined as
the mass of precepts which determine and
regulate the relations of assistance, authority
and obedience among the members of a
family, and those which exist among members
of a society for the protection of private
interests.

Code (NCC) or the Civil Code of the

Philippines took effect on August 30, 1950
and covers the following aspects of human
life; persons and family relations, property
rights and ownership, the modes of
acquiring ownership, obligations and
contracts and special contracts.
One important amendment to this code is
EO 209, the Family Code, amending its
provisions on marriage and family relations.

4. Labor Law is that branch of Law that

governs and regulates the relationship of
employers and employees. Broadly
called labor legislation , it consists of
statutes, regulations and jurisprudence
governing the relations between capital
and labor, by providing for certain
employment standards and legal
framework for negotiating, adjusting and
administering those standards and other
incidents of employment.

Labor Law (CONT)

Labor Standards Law that which
sets out the minimum terms,
conditions and benefits of
employment must provide or comply
with and to which employees are
entitled as a matter of right.
Labor Relations Law defines the
status, rights and duties and the
institutional mechanisms, that
govern the individual and collective
interactions of employers,
employees or their representatives.

Labor Code
Promulgated as P.D. No 442 on
May 1 1974 and took effect on
November 1, 1974 except
portions on Book IV whose
effectivity was deferred to
January 1, 1976 by P.D. No.
608.

5. Administrative Law is that branch

of law which deals with the
activities or functions of executive
or administrative agencies such
as the departments, bureaus,
boards or commission or all other
offices under the administrative
supervision of the office of the
President, which are created and
vested by Law with qusi-judicial,
quasi-legislative and executive
powers.

Administrative Law (cont)

Executive Order No. 292 is the principal
law in the study of administrative laws in
the Philippines and was promulgated by
then President Corazon Aquino dated July
25, 1987, otherwise known as the
Administrative Code of 1987, which
incorporated in a single document the
major structural, functional and procedural
guidelines of governance.

Administrative Law (cont)

Professional Regulation Commission
(PRC)
Three main functions
Executive
Quasi-judicial
Quasi-legislative

Functions of the PRC

To investigate and decide cases against
erring examinees and professionals;
To formulate and promulgate policies and
guidelines on administrative investigation
and professional regulations.
To implement the laws, regulatory policies
and standards; and
To maintain and promote professional and
occupational standards and ethics.

6.

Civil Service Law is that branch of law

which deals with the civil service in all
branches, subdivisions, instrumentalities
and agencies of the government
including government-owned or
controlled corporations with an original
charter.

Civil Service Law (cont)

Primary purpose is to establish and
maintain a merit system in the selection
of public officers and employees without
regard to sex, color, social status or
political affiliation.
General purpose is to ensure and
promote the constitutional mandate
regarding appointments, particularly
according to the merit and progressive
system of personnel administration to
ensure the maintenance of an honest,
efficient, progressive and courteous civil
service in the Philippines.

Civil Service Commission

P.D. No. 110 dated January 26, 1973,
created the Civil Service Commission
(CSC), replacing the CSC established
under R.A. no 2260.
repealed by PD No. 807 otherwise known
as the Civil Service Decree of the
Philippines, which was superceded by
Subtitle A, Title I, Book V of E.O. No 292,
the Administrative Code of 1987, E.O. No
292, which codified the major structural,
functional and procedural principles of
governance, is the basic legal document in
the study of civil service law.

7.

Case is that body of the prevailing

jurisprudence or decisions of the
Supreme Court interpreting the laws or
the Constitution or applying them to
certain sets of facts or actual cases and
controversies.

TORT

Definition
A tort is a legal wrong,
committed against a person or
property independent of a
contract which renders the
person who commits it liable for
damages in a civil action.

 A tort in common
law is defined as a
civil wrong that
involves a breach of
civil duty owed to
someone else. This
is in exception to
contractual duty.

 A tort is similar to crime

but crimes involve breach
of duties toward the
society in general.
The aggrieved party who
has been injured due to a
tort may bring a lawsuit.

 One who commits a tort is

called tortfeasor. A person
who suffers a tortuous act is
entitled to receive damages,
usually monetary
compensation, from the
person or people
responsible or liable for
those injuries.

 Tort law defines what a

legal injury is and
therefore, a person may
be held for an injury that
was caused.

 Legal injuries are not

limited to physical
injuries. They may also
include emotional,
economic, or
reputational injuries as
well as violations of
privacy, liability.

 For defective consumer

products, copyright
infringement and
environmental pollution
among many others.

 In the law world, the

most prominent tort
liability is negligence.

 If the injured party can

prove that the person
believed to have caused
the injury acted negligently.
That is without taking a
reasonable care to avoid
injuring others- tort law will
allow compensation.

Torts are categorized into negligence torts,

intentional torts and standard torts.

Negligence torts: The standard

action in tort is negligence. The tort of
negligence provides a cause of action
leading to damages, to belief, in each
case designed to protect legal rights,
including those of personal safety,
property and in some cases, intangible
economic interests.

 Intentional torts: include

those torts arising from
the occupation or use of
land. The torts of
nuisance, trespass, etc
come under this
category. Intentional torts
also include false
imprisonment.

 The tort of illegally

arresting or detaining
someone and
defamation, broadcasting
false information
damaging the plaintiffs
reputation.

 Statutory torts: Statutory

torts are like any other,
expect for the fact that these
have been enacted by the
legislature and not by
courts.

 Examples include
consumer protection
laws, labor laws
governing safety and
health of workers, etc.

 The burden to prove a tort

vests with the plaintiff. It is
his duty to prove the
defendants negligent tort or
intentional tort.

 The plaintiff owns a duty of

care. A duty of care is a
relationship which exists
between a plaintiff and the
defendant.

 There must be a breach of that

duty and the plaintiff suffered
damages as a result of that
breach.

 The defendant has to take

proper care not to damage
or cause injury to the
property, emotion,
reputation and to the person
himself. And lastly, the
damage must be significant
and not remote.

 Nuisance: Legally, the term

nuisance is used in three
ways, to describe an activity
or condition that is harmful
or annoying to others.

 To describe the harm caused by

the before mentioned activity or
condition and to describe a legal
liability that arises from the
combination of the two.
Defamation: Defamation is
tarnishing the reputation of
someone. They are of two types.
One is slander and the other is
libel.
Slander is spoken defamation and
libel is printed or broadcast
defamation.

Examples

Assault and Battery.

Assault is the imminent threat
of a harmful or offensive
bodily contact.
Battery is an intentional,
unconsented touching of
another person.

 False Imprisonment or Illegal

Detention.
It means that the unjustifiable
detention of a person without
legal warrant within boundaries
fixed by the defendant by an act
or violation of duty intended to
result in such confinement.

 Defamation.
Slander is oral defamation of a
person by speaking unprivileged
or false words by which his
reputation is damaged.

 Libel is defamation by written

words, cartoons or such
representations that cause a
person to be avoided,
ridiculed, or held in contempt
or to tend to injure him in his
work

LAWS RELEVANT TO
NURSING PRACTICE

1. PD 48 four (4) children with paid

maternity leave privilege
2. PD 69 four (4) children for
personal tax exemption
3. PD 79 Revised the Population Act;
Defines the objectives, duties and
functions of POPCOM
4. PD 223 Creation of Professional
Regulation Commission (PRC) in
1973

 5. PD 442 New Labor code

6. PD 491 Nutrition program
7. PD 541 Former Filipino professionals
allowed to practice their respective
professions in the Philippines
8. PD 568 Role of Public health
midwives expanded under the RHCDS;
Restructuring of the Philippine Health Care
DeliverySystem; Deployment of midwives
to improve rural situation (1 PHMid =
5,000 pop.; 1 PHNurse = 10,000 pop;1
RHPhysician = 20,000 pop)

 9. PD 603 Child and Youth Welfare Code

10. PD 628 Employee Compensation &
State Insurance Fund
11. PD 651 Birth registration following
delivery (all health workers shall identify
and encourage the registration of all
birthswithin 30 days following delivery)
12. PD 825 Anti- improper garbage
disposal (provides penalty for improper
disposal of garbage)

 13. PD 851 13th month pay

14. PD 856 Code of Sanitation provides
for the control of all factors in mans
environment that affect health including
thequality of water, food, milk, control of
insects, animal carriers, transmitters of
diseases, sanitary and recreation facilities,
noise,pollution, unpleasant odors and
control of nuisance.
15. PD 965 Family Planning and
responsible parenthood instructions prior to
issuance of marriage license
16. PD 996 September 16, 1976
Compulsory immunization for all children
below eight (8) years old against six
(6)immunizable diseases

17. PD 1063 Muslim Holidays

18. PD 1204 Amends PD # 79B.
ADMINISTRATIVE ORDERS1. A.O. No.
114 s. 1991 Revised/updated the roles
and functions of the Municipal Health
Officers, Public Health Nurses and Rural
Health Midwives

19. Dept. Circular Order No. 75

Reinstitution of Tetanus Toxoid among
Pregnant Women
20. Min. Circ. No. 2 s. 1986 Includes AIDS
as a notifiable disease

D. EXECUTIVE ORDERS

EO 51 Milk Code
2. EO 85 Integration of Public Health
and Hospital Services

21. EO 119 Reorganization of

Department of Health
22. EO 180 Guidelines on the right to
organize of government employees

 5. EO 203 List of regular holidays &

special days
6. EO 209 Family Code of the
Philippines (amended by RA 6609)
7. EO 226 - Command Responsibility
8. EO 503 Provides for the Rule and
Regulation Implementing the Transfer of
Personnel Assets, Liabilities and Records
of National Government

E. HOUSE BILLS
1. HB # 16 Two-Child Policy
2. HB # 3773 Responsible Parenthood
and Population Movement Act

F. PRESIDENTIAL
PROCLAMATIONS /
PRONOUNCEMENTS
1. Proc. # 4 Philippine Measles Elimination
Campaign Declaring the period of
September 16 October 14, 1998 as
theLigtas Tigdas Month
2. Proc. # 6 April 3, 1986 United Nations Universal Goal on Child Immunization by 1990
3. Proc. # 46 September 16, 1992 Reaffirming
the commitment of the Philippines to the
Universal Child and MotherImmunization Goal
of the World Health Assembly

4. Proc. # 118 Professional regulation

Week June 16-22
5. Proc. # 539 - Nurse week every last
week of October
6. Proc. # 1275 - Midwifery week every
third week of October
7. Proc. # 147 March 3, 1993 Declares
April 21 and May 19, 1993 and every 3rd
Wednesday of January and February and
thereafter for 2 years as National
Immunization Days

 8. Proc. # 773 March 28, 1996 Every 3rd

Wednesday of April and May as the
Knock-out Polio Day
9. Proc. # 1064 August 27, 1997
Enjoining all sectors of society to
participate in the Acute Flaccid Paralysis
(AFP)surveillance component of polio
eradication campaign
10. Proc. # 1066 Declaring a National
Neonatal Tetanus Elimination Campaign
starting 1997

LETTERS OF INSTRUCTIONS
1. LOI # 149 October 19, 1979 Adoption of Primary Health Care;
Legal basis of primary health care
2. LOI #1000 Members of accredited
professional organizations given
preference in hiring or attendance to
seminars
3. ILO convention #149- Improvement
of life and work conditions of nursing
personnel (ILO Recommendation #
157)

H. REPUBLIC ACTS
1. RA 491 - Nutrition Law (July month)
2. RA 611 MediCare an employee
becomes automatically a member;
Public office is a public trust
3. RA. 1054 Free emergency
medical & dental attendance to
employees/laborers of any
commercial; industrial or agricultural
establishments

 4. RA. 1080 Civil Service eligibility for all

degrees with licensure examinations
5. RA. 1082 Creation of 1st Rural Health
Act in 1953 - The employment of more
physicians, dentists, nurses, midwives and
sanitary inspectors who will live in the rural
areas where they are assigned to help
raise the health condition of the barrio
people and thus help abate the still high
incidence of preventable diseases in the
country. It created the first 81 Rural
HealthUnits.
6. RA. 1136 Tuberculosis Law (August
Month)

 7. RA. 1612 Privilege Tax / Professional

Tax
8. RA. 1891 Strengthening Health and
Dental services in the rural areas and
providing funds thereto; amended RA 1082
9. RA. 2382 Philippine Medical Act
10. RA. 3573 Reporting communicable
Disease (all communicable diseases
should be reported to the nearest health
stationand that any person maybe
inoculated, administered or injected)

 11. RA. 4073 Liberalized the treatment of

Leprosy - Except where the patient
requires institutional treatment, no persons
afflicted with leprosy shall be confined in a
leprosarium. The shall be treated in a
government skin clinic, rural health unit or
by a duly licensed physician (February
as Leprosy Month).

 12. RA. 4226 Hospital licensure

13. RA. 5181 Permanent residence & reciprocity
qualifications for examinations/ registration
14. RA. 5901 Working hours & compensation in
agencies with 100 bed capacity
15. RA. 6365 Established a National Policy on
Population and Created the Commission of
Population
16. RA. 6425 Dangerous Drug Act the sale,
administration, delivery, distribution and
transportation of prohibited drugs is punished by
law.
17. RA. 6675 Generics Act of 1988 this
promotes, requires and ensures the production of
an adequate supply, distribution, use an acceptance
of drugs and medicines identified by their generic
names.

 18. RA. 6713 Code of Conduct and

Ethical Standards for Public Officials and
Employees. This Code upholds a timehonored principle that public office is a
public trust. It the policy of the state to
promote high standards of ethics in public
office of public officials and employees
shall at all times be accountable to the
people and shall discharge their duties
with utmost responsibility, integrity,
competence and loyalty, act with patriotism
and justice, lead model lives and modest
living and uphold public interest over
personal interest.

 19. RA. 6715 Senior Citizen Center for

every Barangay
20. RA. 6725 Prohibition on
discrimination vs. women
21. RA. 6727 Wage Rationalization
22. RA. 6758 Salary Standardization of
Government employees that includes
nurses
23. RA. 6972 Day Care Center in every
BarangaY

 24. RA. 7160 Local

Government/Autonomy Code (the
devolution of powers, functions and
responsibility to the local government
units)
25. RA. 7170 Legacy of donation of all or
part of a human body after death
26. RA. 7192 Women in development &
Nation Building

 27. RA. 7277 Magna Carta for Disabled

persons
28. RA. 7305 Magna Carta for Public
Health workers this Act aims to promote
and improve the socio-economic wellbeing of health workers, their living and
working conditions and terms of
employment; to developed their skills and
capabilities in order that they will be more
responsive and better equipped to deliver
health project and programs; and to
encourage those with proper qualifications
and excellent abilities to join and remain in
government service.

 29. RA. 7432 Senior Citizen Benefits &

Privileges
30. RA. 7600 Rooming In and Breast feeding
Act of 1992
31. RA. 7610 Anti-Child Abuse Law (Special
Protection of Children against Child abuse,
Exploitation & Discrimination)
32. RA. 7641 New Retirement Law of
employees in the Private Sector
33. RA. 7719 National Blood Service Act of
1994

 34. RA. 7846 Requires compulsory

immunization against Hepatitis B among
infants and below 8 years old
35. RA. 7875 National Health Insurance
Act of 1995
36. RA. 7876 Senior Citizen Center for
Every Barangay
37. RA. 7877 Anti- sexual harassment
Act of 199538. RA. 7883 Barangay
Health workers Benefits & Incentives Act
of 1992

39. RA. 8042 Migrant workers & Overseas Filipinos

Act of 1992
40. RA. 8172 Asin Law / Iodize Salt Law
41. RA. 8187 Maternity Leave Act of 1995
42. RA. 8282 Social Security Law of 1997 (amended
RA 1101)
43. RA. 8291 Government Service Insurance System
Act of 1997 (amended PD 1146)
44. RA. 8344 Hospitals/ doctors to treat emergency
cases referred for treatment
45. RA. 8353 Anti-Rape Law
46. RA. 8423 Traditional and Alternative Medicine Act
of 1997 (Gamot na Mabisa sa Abot Kayang
Halaga)

 47. RA. 8424 Personal Tax Exemptions

48. RA. 8479 Clean Air Act
49. RA. 8504 Philippine AIDS Prevention
and Control Act of 1998
50. RA. 8972 Nationwide Iodination Law
51. RA. 8976 Food Fortification Act
52. RA. 8981 PRC Modernization Act of
2000
53. RA. 9173 The Nursing Act of 2002
54. RA. 9211 No Smoking Act
55. RA. 9257 Expanded Senior Citizen Act
of 2003
56. RA. 9262 - Domestic Violence Act

BOARD OF NURSING
RESOLUTIONS
1. BON # 557 Series 1988 Code of
Ethics
2. BON # 100 Series 1993 Implementing
Rules & Regulations of RA 7392
3. BON # 633 Series 1964 ICN Code of
ethics
4. BON # 1955 Series 1989 PNA Code
of Ethics
5. BON # 08 Series 1994 Special
Training on intravenous injections for the
R.N.

 6. BON # 20 Series 1994 Implementing

Rules & Regulations of RA 7164
7. BON # 110 Series 1994 Guide to
Evaluate Compliance with Standards for
Safe Nursing Practice

J. SALIENT ASPECTS IN THE 1987

CONSITUTION OF THE PHILIPPINES
1. Article II Declaration of Principles & State
Policies
Sector 11 Human Dignity and right
12 Sanctity of family, equal protection of
the life of the mother and the unborn from
conception
13 Role of the youth in nation building
15 Right to health
16 Right to a balanced & healthy ecology

2. Article III Bill of Rights

Section 1 Equal protection of laws & the
due Process of Law
3 Privacy of Communication and
Correspondence
8 Formation of unions, associations or
societies
12 To remain silent
6 have counsel when under investigation
14 The accused person is presumed
innocent until the contrary is proved

3. Article IV Citizenship
Sector 3 Philippine citizenship may be
lost or re-acquired in the manner provide
by law.

4. Article XIII Social Justice &

Human RightsSector
3 Right of all workers to selforganization, collective bargaining and
negotiations and peaceful concerted
activities.
11 Priority for the needs of the underprivileged, sick, elderly, disabled, woman
and children.
13 Special agency for disabled persons
14 Protection of working women

5. Article XV The Family

Sector 1 Filipino family as the foundation
of the nation
2 Marriage, as an inviolable social
institution, is the foundation of the family
4 The family has the duty to care for its
elderly members

Let's take a break!!!

LEGAL BASES OF
NURSING EDUCATORS,
NURSING REGULATION
AND NURSING PRACTICE

 Nursing Education and nursing

practice are constantly interacting
while in the process of rapid
change to adopt to the existing
demands and condition of the
health care delivery system.
They are complimenting each
other.
The success of nursing practice
rest upon a sound educational
foundation of the nurse.
The goal of nursing education is
to prepare the nursing student for
nursing practice.

 Goal of nursing practice is to

provide quality nursing service
and improve nursing care.
This is when nursing regulation
comes into play.
Everyone has a right to nursing
education as a constitutionally
guaranteed right.

Art. XIV, Sec. 1 of the 1987

Constitution
To protect and promote the right
of all citizen to quality education
at all level and to take all
appropriate steps to make such
education accessible to all.

R.A. No. 9173 Nursing Law

Aims to provide a sound general
and professional foundation for the
practice of nursing through quality
nursing education.
The first policy encourages nursing
schools and colleges to implement
some standards for admission,
qualifying exams for 3rd year level
promotion and quality part indices
for the continuance of nursing
student in their respective nursing
degree programs to ensure the
quality of their nursing graduates.

R.A. No, 9173 Nursing Law (cont)

The 2nd policy total quality education can
only be achieved when the government
makes it accessible to all who are fit and
prepared for it.
Uplift standard of nursing education for this
country to produce quality nursing
graduates and ultimately globally
competitive Filipino Nurses.
Not to discriminate against student where
spirits are willing but in intellectual, they are
wanting.
Every Filipino has the right to education
however; every Filipino has the
responsibility to know his limitation and to
change the course for which he is suited.

A. NURSING EDUCATION
R.A. 7164
Required a certification by the school that the
applicant belong to the upper 40% of the
graduating class, as a general requirement to
the nursing degree course.
R.A. 9173
> deletion of said admission requirement
> one high school performance is not an
accurate basis for college admission and
students mental competence and
psychological preparedness for college
education.
> More nursing students because more
graduating students will be eligible to enroll in
nursing degree program and more nursing
schools will be opened and offer the degree of
BSN.

NURSING EDUCATION (Cont)

R.A. 7722 CHED
Provide standard or minimum
requirement for the operation
and regulation of educational
institution offering tertiary
courses such as BSN.

 Duly authorized government agency that

approves the opening and regulates the
operation of nursing schools all over the
country.
Created through R.A. 7722, May 18, 1994
CHED Memo Circular No. 30, s. 2001
Updated policies and standards for nursing
education.
New policy directing the CHED to regulate
the establishment and operation of review
center.

CHED Policy on Nursing schools and

colleges
Nurses are needed in every
part of the world, with the
tremendous global demand,
nursing schools and colleges
are sprouting everywhere like
mushrooms.
Authority to open and close
nursing schools / colleges

CMO No. 30
The authorization to open a nursing school
shall be based upon:
1. written recommendation of BON,
PRC and NSA (National Student
Affiliation), DOH
2. approval of CHED
The power of BON as to authorization of
opening or closing nursing schools is
recommendatory pursuant to COM No. 30
and RA 9173.

B. ADMINISTRATION AND FACULTY

Fulltime Dean and Faculty
Qualification of Dean
Perform vital role and function in nursing
school, required to work fulltime because
she is in charge to administer and manage
the nursing school, faculty and staff, the
nursing student and degree program.
Filipino Citizen
Currently registered nurse in the
Philippines
Holder of Masters Degree in Nursing
5 years of competent teaching and
supervisory experience in college or
institute of nursing.
Member of good standing (ADPCN) and
accredited national nursing organization
(PNA)

Qualification and Rank of Faculty Members

A Filipino Citizen
Currently RN in the Philippines
Holder of Masters degree
At least 3 years of Clinical
experience
Member of good standing
accredited national nursing
organization.

C. NURSING REGULATION
Professional Regulatory Board of Nursing
* created under new nursing law (RA
9173)
* Primary agency responsible for the
regulation of the admission, registration
and practice of nursing profession in the
Philippines.
* Composition of BON
* one Chairperson
* Six Members
* Appointed by the President of
the Philippines

Qualification of Chairperson
and Members of BON
Representative of 3 areas of nursing
(education, service and community health
nursing)
Natural born citizen and resident of the
Philippines.
Member of good standing accredited
professional organization of nurses.
Registered nurses and holder of Masters
Degree
10 years of continuous practice of the
profession prior to appointment
No conviction of any offense involving
sound turpitude.

Powers, Duties and

Responsibilities of the BON
Conduct licensure examination for nurses
(R.A. 8981)
Prepare adopt and issue the syllabi or
tables of specification of the subject for
examination in consultation with the
academe.
Determine and prepare the questions
for the licensure examinations which
shall strictly be within the scope of
syllabi or table of specification of the
subject for examination.

Conduct licensure examination

for nurses (R.A. 8981)-Cont
To score and rate the examination papers
with the name and signature of the board
members concerned appearing thereon
and sublit the result in all subjects duly
signed by the members of the board to the
commission within 10 days from the last
day of examination unless extended by the
commission for justifiable cause and
subject to the approval of the commission.
Determine the appropriate passing general
average rating in an examination if not
provided for in the law regulatory thru
profession.

Negligence

Definition
It refers to the commission or
omission of an act, pursuant to
a duty, that a reasonably
prudent person in the same or
similar circumstances would or
would not do, and acting or the
non-acting of which is the
proximate cause of injury to
another person or his property.

Civil Code, Article 19

One shall act with justice, give
every man his due, observe
honesty and good faith.

Civil Code, Article 20

Those who, in the performance
of their obligations through
negligence cause any injury to
another, are liable for damages.

Common Acts of Negligence

Burns
Objects left inside the patients
body
Falls of elderly
Falls of children
Failure to observe and take
appropriate action as needed

Specific Examples
Failure to report observations to
attending physicians
Failure to exercise the degree
of diligence which the
circumstances of the particular
case demands
Mistaken identity
Wrong medicine, wrong
concentration, wrong route,
wrong dose

Conditions for Res ipsa loquitor

That the injury was of such nature that it
would normally occur unless there was a
negligent act on the part of someone
That the injury was caused by an agency
within control of the defendant
That the plaintiff himself did not engage in
any manner that would tend to bring about
the injury

Malpractice

 Implies the idea of improper or

unskillful care of a patient by a
Definition
nurse
Denotes stepping beyond ones
authority with serious
consequences
Is a term for negligence or
carelessness of professional
personnel
Refers to a negligent act
committed in the course of
professional performance
(1962)

MEDICAL ORDERS,
DRUGS, and
medications.

RA 6675

Only validly registered

medical, dental and
veterinary
practitioners, whether
in private institution,
corporation or in the
government, are
authorized to
prescribed drugs.

RA 5921 (PHARMACY ACT)

All prescriptions must contain the following
information:
Name of the prescriber
Office address
professional registration number
Professional tax receipt number
Patients/clients name, age , sex
Date of prescription.

RA 6675
Requires that the drug be written in their
generic names.
Only when these orders are legal
writing and bear the doctors signature
thus the nurse have the legal right to
follow them
The nurse must not execute an order if
she is reasonably certain it will result in
harm to the patient.

INTRAVENOUS THERAPY AND LEGAL

IMPLICATIONS
Philippine nursing act of 1991 section 28
in the administration of intravenous
injections, special training shall be
required according to protocol
established.
Basis of nurses legal right to give IV
injection.
Board of nursing resolution no. 8 states
that any registered nurse without such
training and who administers IV
injections to patients should be held
liable, either criminally or
administratively or both.

TELEPHONE ORDERS
Only in an extreme emergency and when
no other resident or intern is available
should a nurse receive telephone orders.
The nurse should read back such order to
the physician to make certain the order
has been correctly written.
Such order should be sign by the
physician on his next visit within 24 hours.

MEDICAL RECORDS
Supplies rich material for medical and
nursing research
Serves as a legal protection for the
hospital, doctor, and nurse by reflecting
the disease or condition of the patient and
his management.
if it was not charted, it was not observed
or done.

CONTINUATION..
Nurses are expected to record fully,
accurately, legibly and promptly their
observations from admission to the time of
the patients discharge.
Nurses are legally and ethically bound to
protect the patients chart from
unauthorized person.

CHARTING DONE BY STUDENT

NURSES
When a nurse or clinical instructor counter
signs the charting of the nursing student,
he/she has personal knowledge of
information and that such is accurate and
authentic.
Anyone who countersigns without
verification commits herself to possible
legal risks.

Liabilities of nurses for the work of

nursing aides
Nurses should not delegate their
functions to nursing aides since the
Philippine nursing act specifies the
scope of nursing practice of
professional nurses.
Nurses are enjoined to supervise
their subordinates and see to it that
they perform only those which they
been taught to do and those which
they are capable of doing.

 Nursing aids are responsible for

their actions.
Nurses should not delegate their
functions to nursing aides.
Nursing aides perform selected
nursing activities under the direct
supervision of nurses.

LIABILITY FOR THE WORK OF

NURSING STUDENTS
RA 9173 nursing students do not
perform professional nursing duties.
Nursing students should be under
supervision of their clinical instructors.
In order that the errors committed by
nursing students will be avoided or
minimized, the following measures should
be taken:
Nursing students should always be
under supervision of their clinical
instructors.

 They should be given assignments that

are their level of training experience and
competency.
They should be advised to seek
guidance if they are performing a
procedure for the first time.
They should be oriented to the policies
where they are assigned.
Their performance should be assessed
frequently to determine their strength
and weaknesses.

CRIMES

Crime defined
It is an act committed or omitted
in violation of the law. It is
composed of two elements: (1)
criminal act and (2) evil/criminal
intent

Conspiracy to commit a crime

A conspiracy to commit a crime
exists when two or more
persons agree to commit a
felony and decide to do it.

Criminal Liability

nurse may incur criminal liability or subject

herself to criminal prosecution either by
committing a felony or by performing an
act which would be an offense against
person or property.

 Ignorance of the law is not an

excuse for failure to comply
therewith.
Violators of the criminal law cannot
escape punishment on the ground
of ignorance of the law

Circumstances affecting criminal liability

Justifying circumstances
Exempting circumstances
- an imbecile or insane person, unless
the latter has acted during a lucid interval.
-below 9 years old
-over 9 years of age and under fifteen
unless he/she acted with discernment

- causes an injury which is merely an accident

without fault or intention or causing it
-acts under the compulsion of an irresistible force
-acts under the impulse of an uncontrollable fear
of an equal or greater injury

 Mitigating circumstances

Are those which do not

constitute justification or
excuse of the offense in
question, but which in fairness
and mercy, may be considered
as extenuating degree of moral
culpability.

 Aggravating circumstances

Are those attending the commission of

crime and which increase the criminal
liability of the offender or make his guilt
or more severe.
Some of the ff circumstances:
When the offender takes advantages of
his public position.
When the crime is commited in place of
worship
When the act is committed with evident
premeditation or after an unlawful entry.

 Alternative circumstances
-are those which must be taken into consideration as
aggravating or mitigating according to the nature and
effects of the crime and other conditions attending in
commission.
Should be taken consideration when the offended party
is the spouse, ascendant or descendant, legitimate,
natural or adopted or relatives.

Points in order to avoid criminal liability:

1. Be very familiar with the Philippine nursing
law.
2. Beware of laws that affecting nursing
practice
3. At the start of employment, get a copy of
your job description, the agencys rules,
regulations and policies.
4. Upgrade you skills and competence

5. Accept only such responsibility that is within the

scope of your employment and your job description.
6. Do not delegate your responsibilities to others.
7. Determine whether your subordinates are competent
in the work you are assigning them.
8. Develop good interpersonal relationships with your
co-workers, whether they be your supervisors, peers
or subordinates.

9. Consult your superior for problems that maybe too

big for you to handle.
10. Verify orders that are not clear to you or those that
seem to be erroneous.
11. The doctors should be informed about the patients
conditions
12. Keep in mind the values and necessity of keeping
accurate and adequate records
13. Patients are entitled to an informed consent.

Examples liabilities of Nursing:

Liability for injury to patient

Liability for sponge left in the patients abdomen
Liability for a safety pin left in patients abdomen
Liability for defective equipment
Liability for death for patient who jump from window
of his room

Liability for negligence of surgical nurse

Liability for rapture of surgical wound.
Liability for burns for suffered by patient
Liability for burns from hot water bags
Liability for negligence of nurse
employees
Liability fro death of infant resulting from
injection of digitalis
Liability of nurse performing
administrative work

Principals
Are those who take a direct part in the
execution of the act; who directly force or
induce others to commit; or who cooperate
in the commission of the offense by
another act without which it would not
have been accomplished.

Accomplices
Are those persons who, not being
principals, cooperate in the execution in
the offense by previous or simultaneous
act.

Accessories
Are those who, having knowledge of the
commission of the crime, either as
principals or accomplices, take part in the
subsequent to its commission by profiting
themselves or assisting the offender to
profit from the effects of the crime.

Criminal Actions

Deal with acts or offenses

against public welfare.

Misdemeanor

Is a general name for a

criminal offense which does
not in law amount to felony.

Felony

Is a public offense for which

a convicted person is liable
to be sentenced to death or
to be imprisoned in a
penitentiary or prison.
Is committed with deceit and
fault.

Criminal negligence
Reckless imprudence when a person
does an act or fails to do it voluntarily but
without malice, from which material
damage results immediately.
Simple imprudence means that the person
or nurse did not use precaution and
damage was not immediate or the
impending danger was not evident or
manifest.

Criminal intent

Is the state of mind of a

person at the time the
criminal act is committed.
Two elements of deliberate
intent: freedom and
intelligence

Lawsuits

Actions brought to the court or

tribunal.
Any action, complaint, charge, case
or legal proceeding brought before
the court of law, tribunal or quasijudicial body, in which the party
commencing the case seeks a legal
remedy.
It is initiated by any person who is
called the plaintiff in civil action or
the complainant in other lawsuits,
against another who is called the
defendant in civil actions or the
respondent in administrative case
or the accused in criminal case.

Lawsuits (cont)
Three (3) basic lawsuits are civil, criminal
and administrative.
The parties in a lawsuit:
a. Civil actions, the plaintiff against the
defendant.
b. Criminal Actions , the people against
the accused.
c. Administrative cases, the complainant
against respondent.

Liability
An obligation or duty which is owed by one
person to another to refrain from some
course or conduct injurious to the latter or
to perform some act or to do something for
the benefit of the latter and for breach of
which the law gives the remedy to the
latter as damages, restitution, specific
performance, and / or injunction.

Liability (cont)

Simply the legal responsibility for acts or failure to act

according to standards, protocols or policies of the
hospital, resulting in another persons injury or death.
It means legal accountability or obligation to pay money,
do or refrain to do something, and / or serve penalty as
adjudged by the court or administrative body.

Legal Doctrine
A framework, set of rules, procedural
steps, or test, often established through
precedent in the common law through
which judgments can be determined in a
given legal case or lawsuit.
Generally accepted principle of law which
is being used or applied in the resolution of
cases, be it administrative, civil or criminal.

Kinds of Civil Liability

Actual or compensatory damages
pertain to losses that are actually
sustained by the plaintiff. These are
such compensation or damages for
an injury and will put the injured
party in the position in which he was
before he was injured.
Moral Damages are awarded by
reason of physical suffering, mental
anguish, fright, serious anxiety,
besmirched, reputation, wounded
feelings, moral shock, social

 Nominal damages are awarded for vindication or

recognition of a legal right.
Temperate or moderate damages are those damages
which are more than nominal but less than
compensatory damages which may be recovered when
the court finds that some pecuniary loss has been
suffered but its amount cannot, from the nature of the
case, be proved with certainty.

 Liquidated damages are those damages agreed upon by

the parties to a contract, to be paid in case of breach
thereof.
Exemplary or corrective damages are those imposed by
way of example or correction for the public good, in
addition to the moral, temperate, liquidated or
compensatory damages.

Lawsuits in Nursing Practice

Felony - RPC
Offense - special law
Infraction - ordinance

Criminal Negligence, mala

in se and mala prohibita
Criminal Negligence committed by
means of faulty (culpa); deceit (dolo) (mala
in se) and those which are punished by
special law (mala prohibita).

Kinds of criminal negligence

Reckless imprudence doing or failing to
do an act resulting to injuries or death due
to an inexcusable lack of precaution.
Simple imprudence - mere lack of
precaution in a situation where threatened
harm is not immediate or the impending
danger is not openly visible or manifest.

 Culpa Contractual (breach of Contract) when a nurse

is contractually obligated to perform a particular health
service or intervention to a patient and he/she causes
death or injuries to the latter.
Culpa aquiliana a tortous liability which arises from the
breach of a professional duty to any person fixed by the
laws and such breach constitutes violation of a private
legal right, not created by any contract.

GOOD SAMARITAN LAW