PGD Notes
PGD Notes
PGD Notes
APPLIED ETHICS applies the general concepts and principles but also specifies the particular
situation in life in which they are valid and legitimate moral. It is also called
Special ethics and deals with:
• Individual Ethics which deals with duties to God; duties to one self and
others.
• Social Ethics right to property and the right to marriage.
• Political Ethics deals with the state; the political authority and the
international authority.
• Professional Ethics is the branch of moral science which treats the
obligations which a member of a profession owes to the public, to the
profession, to his colleagues and client.
BIOETHICS the ethics of biology, biological research and the applications of that
research. It is an ethical theory that brings together medicine, the law, social
sciences, philosophy, theology, politics and other disciplines to address
questions related to clinical decision making and medical research.
PRINCIPLES OF BIOETHICS
AUTONOMY SELF- DETERMINATION
the right of competent adults to make informed decisions about their own
medical care. The principle underlies the requirement to seek the consent or
informed agreement of the patient before any investigation or treatment takes
place. Three conditions must exist for autonomous action by those with capacity
to choose:
1. Intentionality
2. Understanding
3. Absence of controlling influences that determine their action
BENEFICENCE The principle of beneficence is a moral obligation to act for the benefit of others.
There are 2 aspects of beneficence:
1. Providing benefits
2. Balancing benefits and risks/harms
NON-MALEFICENCE The principle of nonmaleficence holds that there is an obligation not to inflict
harm on others. It is closely associated with the maxim primum non nocere (first
do no harm). The principle of nonmaleficence supports the following rules:
1. Do not kill.
2. Do not cause pain or suffering.
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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3. Do not incapacitate.
4. Do not cause offense.
MISFEASANCE Misfeasance is the act of engaging in an action or duty but failing to perform the
duty correctly. Misfeasance refers to an action that is unintentional. However,
malfeasance is the willful and intentional act of doing harm.
JUSTICE The principle of justice as it relates to health care considers the obligation to
fairly and equitably distribute health and health care. This requires prioritization
and rationing of competing claims. In health care this might be subdivided into
categories of: fair distribution of scarce resources (distributive justice), respect
for people's rights (rights based justice) and respect for laws (legal justice).
VERACITY The principle of veracity, or truth telling, requires that healthcare providers be
honest in their interactions with patients. Veracity means that there has been full
and honest disclosure.
FIDELITY LOYALTY
Fidelity addresses a person's responsibility to be loyal and truthful in their
relationships with others. It also includes promise keeping, fulfilling
commitments, and trustworthiness.
PHILIPPINE MIDWIFERY ACT of 1992
RA 7392
SECTION 1: TITLE Philippine Midwifery Act of 1992
SECTION 2: The board shall be under direct supervision of the PRC. It shall be a collegial body
COMPOSITION OF composed of a chairman and 4 members, appointed by the President of the
BOARD OF Philippines from recommendees of Commissioner of PRC.
MIDWIFERY The Commission shall recommend 3 RMs from list submitted by association of
midwives; 1 obstetrician from list submitted by association of midwives.
CURRENT BOMs:
CHAIRMAN:
Dr. Melchor Capellan Dela Cruz Jr. —current or present chairman of BOM, practices Obstetrics and Gynecology
and Gynecologic Oncology
MEMBERS:
Hon. Liwayway M. Piedad, RN, RM
Hon. Corazon F. Landicho, RM — Awarded as National Outstanding Professional Midwife in 2020
Hon. Lourdes S. Mangahas, RM
Hon. Lerma M. Valenzuela, RM
SECTION 3: General Qualifications:
QUALIFICATIONS AND 1.) Citizen and resident of the Philippines;
2.) of good moral character;
DISQUALIFICATIONS OF 3.) At least 30 years old;
BOARD OF MEMBERS 4.) not a member of faculty, whether full time part time or lecturer, of any
school, college or university where a regular course in midwifery is taught,
and shall not have any pecuniary interest directly or indirectly, in such
institution during his term of office as a Board member.
Special Qualifications:
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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Chairperson of the Board:
1. Obstetrician; and
2. with at least 10 years of practice as an Obstetrician prior to appointment
One member of the Board:
1. Nurse-Midwife;
2. With at least 10 years of practice as a Nurse-Midwife prior to appointment
3 members of the Board:
1. Midwives;
2. Degree holders, preferably in the field of health and social sciences; and
3. with at least 10 years of practice as Midwives prior to appointment, 5
years of which must be in supervisory positions.
DISQUALIFICATIONS OF BOARD OF MEMBERS:
1. Members of the faculty, whether full time, part time or lecturer, of any
school, college or university where a regular course in Midwifery is taught;
and
2. Those who have pecuniary interest, directly or indirectly, in any such
school, college, or university during their terms of office as Members of the
Board.
SECTION 4: TERM OF Members of Board shall hold Office for 3 years or until their successors shall
OFFICE have been appointed and duly qualified, without prejudice to reappointment
for another term. Each member of the Board shall qualify by taking his/her
oath of office before entering upon the performance of his/her duties.
TERM TENURE
the time during which the officer may claim to represents the term during which the incumbent actually
hold office as of right, and fixes the interval holds the office. The term of office is not affected by the
after which the several incumbents shall hold-over. The tenure may be shorter than the term for
succeed one another. reasons within or beyond the power of the incumbent.
SECTION 8: SUPERVISION OF Members of the Board shall be under the general supervision of the
THE BOARD AND Professional Regulation Commission. All records, including examination
CUSTODIAN OF RECORDS papers, examination results, minutes of deliberation, records of
administrative cases and investigations of the Board shall be kept by the
Commission. April 2023 BQ
SECTION 9: RULES AND Subject to the approval of the Commission, the Board shall set ethical and
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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REGULATIONS professional standards for the practice of midwifery and adopt such rules and
regulations as may be necessary to carry out the provisions of this Act. Such
standards, rules and regulations shall take effect 30 days after publication in
2 national newspaper of general circulation.
SECTION 10: ANNUAL The Board shall submit annual report to the Commission at end of each
REPORT calendar year, giving a detailed report of its activities and proceedings during
the year.
SECTION 11: EXAMINATION All applicants for registraion to the practice of midwifery in the Philippines
REQUIRED shall be required to undergo an examination as required for in this Act.
SECTION 12: SCOPE OF a. ) Infant Care and feeding;
EXAMINATION b. ) Obstetrical Anatomy and physiology;
c. ) Principles of bacteriology as applied to midwife practice;
d. ) Obstetrics;
e. ) Midwifery procedures;
f. ) Domiciliary midwifery;
g. ) Community hygiene and first aid;
h. ) Nutrition;
i. ) Ethics of midwifery practice;
j. ) Primary Health Care;
k. ) Professional Growth and Development
l. ) Family Planning, and
m. ) Other subjects which the Board may deem necessary for addition or
inclusion from time to time. (DISCRETION)
SECTION 13: PRE- In order to be admitted to the midwifery examination, an applicant shall, at
REQUISITE AND the time of filing of his/her application therefor, establish to the satisfaction
to the Board that he/she:
QUALIFICATIONS OF G ood health
APPLICANTS FOR G ood moral character
EXAMINATION G raduate of midwifery in a government recognized and duly accredited
institution. (registered with CHED)
NOTE:
At the time of the issuance of a certificate of registration, the applicant shall
be a citizen of the Philippines and at least 18 years of age.
SECTION 14: SCHOOLS To be recognized as a duly accredited the school shall have:
OF MIDWIFERY PERMIT from the Department of Education, Culture and Sports (DECS)
at least 50 maternity beds and affiliated with an accredited hospital.
Minimum ratio of 1 clinical instructor to 12 students in the hospital
and in the community. (1:12 ratio)
Before allowing a student to graduate, the school shall satisfactory
show to DECS or other authorized government agencies that the
student has completed the course in midwifery, and that during the
training, the student has personally attended at least a total of twenty
(20) deliveries in the hospital and in its domiciliary services.
SECTION 15: The faculty shall have academic preparation appropriate to teaching
QUALIFICATIONS OF assignment, as follows:
At least a bachelor's degree holder or Doctor of Medicine (M.D.) or
FACULTY P roof of competence in field of specialization
R egistered nurse or registered midwife with
O ne year satisfactory teaching experience and(CBQ)
O ne year of efficient performance in maternity ward/ community
A registered Midwife may be allowed to Follow-up student midwives in
the community ward provided that she has at least 2 years of
experience in the area of assignment and has undergone training in the
supervision of students.
NOTE: The teaching load of a principal is 12 units.
SECTION 16: RATINGS IN To be qualified as having passed the Board examination for Midwives, a
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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THE BOARD candidate must obtain a general rating of 75% in the written test with no
EXAMINATION grade lower than 50% in any subject.
April 2023 BQ
SECTION 17: REPORT OF The Board shall, within 120 days after examination, report the ratings
RESULTS OF EXAMINATION obtained by each candidate to the PRC Commissioner.
SECTION 18: ISSUANCE OF Certificate of Registration shall be issued upon payment of the required fees,
CERTIFICATE to any applicant who passes the examination. April 2023 BQ
Every certificate of registration shall show:
R egistrant full name and Serial number
O fficial seal of the board ( authenticated)
S ignatures of Board members
A ttested by the Secretary of the Board
TAKE NOTE: The issuance of a certificate of registration shall be evidence that
the person named herein is entitled to all rights and privileges of a registered
midwife until said certificate, for just cause, is suspended temporarily or
revoked
SECTION 19: REGISTRATION To pass 20 actual normal delivery cases and take and pass the board exam
OF NURSE-MIDWIFE
SECTION 20: FEES OF Applicants for examination for the practice of midwifery shall pay an
EXAMINATION AND examination fee as prescribed by the PRC.
REGISTRATION
SECTION 21: INHIBITION No person shall practice or offer to practice midwifery in the Philippines, as
AGAINST PRECTICE OF defined in this Act, without holding a valid certificate of registration and a
MIDWIFERY professional license as midwife.
*Misdemeanor – practicing WITHOUT license
(Fraudulent misrepresentation)
SECTION 22: FOREIGN No foreigner midwife shall be granted any of the rights and privileges under
RECIPROCITY this Act unless
that his/her country requisite for admission to midwifery school and
for graduation are substantially the same in the Philippines.
Proof of reciprocity that Philippine midwives who practices in her/his
country are accorded with THE SAME rights and privilege to its citizens.
(This document should be confirmed by the DFA, Department of Foreign
Affairs)
The foreigner has resided in the Philippines for 3 consecutive years as
provided by the RA 5181(Permanent residence and reciprocity law)
The applicant is a midwife/registered in his/her country.
RECIPROCITY
In international relations and treaties, the principle of reciprocity states that favors, benefits, or penalties that
are granted by one state to the citizens or legal entities of another, should be returned in kind.
In civil law, Reciprocity is based on the principle of “Du ut des” meaning I GIVE THAT YOU MAY GIVE.
SECTION 23: PRACTICE TRADITIONAL FUNCTIONS:
OF MIDWIFERY Supervise, Care and advice women during pregnancy, labor and post-partum
period.
N utrition and family planning,
I nternal examination during labor except when patient is with antenatal
bleeding;
C arrying out the written order of physicians with regard to antenatal, intra-
natal and post-natal care of the normal pregnant mother
E ssential Newborn Cares
P rocures medical supplies
I mpart health Education
E xecute emergencies measures
C onduct deliveries on her own responsibility
E xamination like leopold's maneuver
S ervices & Primary health care in the community
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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Expanded Function
S uturing perineal lacerations to control bleeding (provided with training)
I njection of Vitamin K. to the Newborn
P arenteral and oral dispensing of oxytocic drugs after delivery of the
placenta
A dministration of Oresol
G iving of intravenous fluids during obstetrical emergencies provided they
have been trained for that purpose
Note: EPISIOTOMY is a malpractice act of a midwife (Episiotomy is a practice
of doctors only)
SECTION 24: REFUSAL TO The Board shall refuse to issue a certificate of registration to any person
ISSUE CERTIFICATE OF CONVICTED by a court of competent jurisdiction of any criminal offense
REGISTRATION involving MORAL TURPITUDE , and to any person guilty of IMMORAL or
DISHONORABLE CONDUCT. April 2023 BQ
The Board shall give the applicant a written statement setting forth the
reason or reasons for its action, which statement shall be incorporated in the
records of the Board.
Moral turpitude - essential element is fraud or deceit
Crimes involving moral turpitude typically include acts carried out with
reckless disregard for the potential consequences and a clear intention to
harm, defraud, or deceive another person.
SECTION 25: REVOCATION BOM have the power to revoke or suspend the validity of a certificate of
AND SUSPENSION OF registration of a midwife.
CERTIFICATES GROUNDS FOR SUSPENSION/REVOCATION:
P erforming abortion
A ssisting abortion
I ncompetence
N egligence and malpractice
F raudulent misrepresentation
U nprofessionals’ conducts
L ack of knowledge (Serious ignorance)
TAKE NOTE: Fraudulent misrepresentation uses fraud, deceit or false
statements to obtain a certificate of registration.
From the decision of the Board, appeal may be taken to the Professional
Regulation Commission which decision shall be final
NEGLIGENCE V MALPRACTICE
NEGLIGENCE MALPRACTICE
whether the injury was caused by an avoidable but injury was caused by an intentionally negligent
unintentional mistake (negligence) action
Four elements are required to establish a prima facie
case of negligence: Four elements of medical malpractice:
1. the existence of a legal duty that the defendant owed 1.) duty of care,
to the plaintiff. 2.) breach of duty of care,
2.) defendant's breach of that duty. 3.) injury caused by the breach and
3.) plaintiff's sufferance of an injury. 4.) resulting damages.
4.) proof that defendant's breach caused the injury
(proximate cause)
SECTION 26: REISSUANCE OF The Board may, for reasons of equity and justice and upon proper
REVOKED CERTIFICATES AND application therefor, issue another copy of the certificate upon payment of
REPLACEMENT OF LOST dues, and in so doing, it may exempt the applicant from the requisite
CERTIFICATES examination.
SECTION 27: PENAL MISDEMEANOR CASE
PROVISION Any person practicing midwifery without a certificate of registration
Any person using certificate of registration of another as his/her own
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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Any person giving false or forged evidence to PRC in order to secure a
certificate of registration.
Any person using a revoked or suspended certificate of registration or
any person assuming
Any person using or advertising as registered midwife or RN-RM
without having been conferred such title by the PRC.
Any person appending to his/her name the letters "R.M." without
having been conferred such title by the PRC (CBQ)
Any person advertising any title description ( PhD, MAN, MBA) tending
to convey the impression (CBQ)
upon conviction, be sentenced to a:
Fine : not less than P10,000.00 nor more than P30,000.00
Imprisonment: not less than years nor more than 7 years
*Or upon the discretion of the court, be sentenced of both fine and
imprisonment. (CBQ)
Sec. 28. Repealing Clause. RA 2644 is hereby repealed and all laws, decree, orders, instructions, rules
and regulations and other issuances or parts thereof inconsistent with this
Act are likewise repealed or amended accordingly.
Sec. 29. Separability Clause. If for any reason, any part or section of this Act shall be declared
unconstitutional or invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
Sec. 30. Effectivity Clause. This Act shall take effect upon completion of its publication in at least two
(2) national newspapers of general circulation
The list shall be submitted not later than three (3) months before the vacancy
occurs. The nominations submitted to the Commission shall be valid for the
present vacancy to be filled. Subsequent vacancies that may occur will require
another list of nominees, which mayor may not include those who have not been
previously considered.
SECTION 9. Failure The Commission shall notify the duly accredited professional organization of
or Refusal of the probable or existing vacancies in its professional regulatory Board. In the event
Accredited that the organization fails or refuses to submit nominees for a vacant position
Professional within the period prescribed herein, the Commission may either recommend (a)
the reappointment of the incumbent or permit him to stay in a hold-over capacity
Organization to
if the law creating LA the professional regulatory Board so authorizes or (b) the
Submit Nominees. appointment of another person who possesses the necessary qualifications based
on the criteria herein provided.
The Commission may likewise exercise the same prerogative should there be a
clear showing that the Committee on Nominations of the accredited professional
organization has disregarded the criteria mentioned in selection of nominees.
PROFESSIONAL REGULATION COMMISSION
RA 8981
PRC COMMISSIONER: CHARITO ZAMORA
PRC BOM
TERM: 7 years with NO REAPPOINTMENT TERM: 3 years with 1 reappointment
AGE: at least 40 y/o AGE: at least 30 y/o
POWERS AND (a) To regulate the practice of the professions in accordance with the provisions of
FUNCTION OF PRC their respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession under their
respective jurisdictions and whenever necessary, adopt measures proper for the
enhancement of the profession and/or the maintenance of high professional,
ethical and technical standards, and for this purpose the members of the Board
duly authorized by the Commission with deputized employees of the Commission,
may conduct ocular inspection
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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(c) To hear and investigate cases arising from violations of their respective laws,
rules and regulations and Codes of Ethics and, may issue summons, subpoena and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such investigations or hearings: Provided, That, the decision of the
Professional Regulatory Board shall, unless appealed to PRC, become final and
executory after 15 days from receipt of notice of judgment;
(d) To delegate the hearing or investigation of administrative cases filed before
them except in cases where the issue or question involved strictly concerns the
practice of the profession, in which case, the hearing shall be presided over by at
least 1 member of the Board concerned assisted by a Legal or Hearing Officer of
the Commission;
(e) To admit the successful examinees to the practice of the profession or
occupation; cause the entry of their names on its registry book and computerized
database; issue certificates of registration/professional license, bearing the
registrant’s name, picture, and registration number, signed by all the members of
the Board concerned and the Chairperson, with the official seal of the Board and
the Commission affixed which certificate shall be the authority to practice; and at
the option of the professional concerned, ministerially issue the professional id
card,
(f) To have custody of all the records of the various Boards, (APRIL 2023 BQ)
(g) To determine and fix the amount of fees to be charged and collected for
examination, registration, registration without examination, professional
identification card, certification;
(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and
employees of the Commission necessary for the effective performance of its
functions and responsibilities;
(i) To submit and recommend to the President of the Philippines the names of
licensed professionals for appointment as members of the various Professional
Regulatory Boards;
(j) Upon recommendation of the Professional Regulatory Board concerned, to
approve the registration and authorize the issuance of a certificate of
registration/license and professional id card with or without examination to a
foreigner who is registered under the laws of his state or country and whose
certificate of registration issued therein has not been suspended or revoked;
(k) To authorize any officer of the Commission to administer oaths;
(l) To supervise foreign nations who are authorized by existing laws to practice
their professions either as holders of a certificate of registration and a
professional identification card or a temporary special permit in the Philippines;
(m) To monitor the performance of schools in licensure examinations and publish
the results in a newspaper of national circulation;
(n) To adopt and institute a comprehensive rating system for universities, colleges,
and training institutes based on the passing ratio and overall performance of
students in board examinations;
(o) To exercise administrative supervision over professional regulatory boards and
its members;
(p) To adopt and promulgate rules and regulations to effectively implement
policies with respect to the regulation and practice of the professions;
(q) To implement the program for the full computerization of all licensure
examinations given by the various professional regulatory boards including the
registration of professionals;
(s) To investigate any member of the Professional Regulatory Boards for neglect of
duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct,
commission of irregularities in the licensure examinations which taint or impugn
the integrity and authenticity of the results of the said examinations and, if found
guilty, to revoke or suspend their certificates of registration and professional
licenses and recommend to the President of the Philippines their suspension or
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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removal from office;
(t) To issue summons, subpoena and subpoena duces tecum in connection with
the investigation of cases against officials and employees of the Commission and
members of the Professional Regulatory Boards;
(u) To hold in contempt in erring party or person only upon application with a
court of competent jurisdiction;
(v) To call upon or request any department, instrumentality, office, bureau,
institution or agency of the government to enforce or implement the professional
regulatory policies of the government;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party,
of any person, whether a private individual or professional, local or foreign, who
practices the regulated profession without being authorized by law, or without
being registered with and licensed by the concerned regulatory board and issued
the corresponding license, or who commits any of the prohibited acts provided in
the regulatory laws of the various professions, which acts are criminal in nature,
and if the evidence so warrants, to forward the records of the case to the office of
the city or provincial prosecutor for the filing of the corresponding information in
court by the lawyers of the legal services of the Commission who may prosecute
said case;
ABORTION
the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of
pregnancy.
ILLEGAL DUE TO 1987 Philippine Constitution
Philippine Constitution. Article 3. Sec. 1: No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
PARRICIDE INFANTICIDE
deliberate killing of one's own father and the act of deliberately causing the death of a very young
mother, spouse (husband or wife), children, child (under 1 year old).
and/or close relative.
RELATIONSHIP IS MATERIAL AGE IS MATERIAL
CRIMES AGAINST PROPERTY
ROBBERY THEFT
Robbery if he steals from a person using force Theft means taking someone's property but does not
or makes them think force will be used. involve the use of force.
The crime of robbery involves (1) the taking of The elements of the crime of theft are as follows: (1) that
the property of another (2) from his or her there be taking of personal property; (2) that said
person or in their presence (3) by violence, property belongs to another; (3) that the taking be done
intimidation or threat (4) with the intent to with intent to gain; (4) that the taking be done without
deprive them of it permanently. the consent of the owner; and (5) that the taking be
accomplished without the use of violence
CRIME AGAINST PERSON AND PROPERTY CRIME AGAINST PROPERTY ONLY
ARSON VANDALISM
criminal act of deliberately setting fire to action involving deliberate destruction of or damage to
property. public or private property.
CRIMES AGAINST CIVIL STATUS OF A PERSON
SIMULATION OF ELEMENTS:
BIRTH a) The child is baptized or registered in the Registry of birth as the offender’s;
b) The child loses its real status and acquires a new one; and
c) The offender’s purpose was to cause the loss of any trace as to the child’s
true filiation.
Substitution of a child from another – refers to the act of interchanging a
child with another such that they are no longer with their biological parents.
BIGAMY The elements are:
1. Offender has been married.
2. He/she contracts a second or subsequent marriage.
3. Without the first marriage having been legally dissolved or in case his or her
spouse is absent, the absent spouse could not yet be presumed dead under
the civil code.
4. The second or subsequent marriage has all the essential requisites for
validity.
ADULTERY CONCUBINAGE
Adultery means the carnal relation between a Concubinage is committed by any husband who shall
married woman and a man who is not her keep a mistress in the conjugal dwelling, or, shall have
husband, the latter knowing her to be married, sexual intercourse, under scandalous circumstances,
even if the marriage be subsequently declared with a woman who is not his wife, or shall cohabit with
void her in any other place
Adultery is committed by THE WIFE Concubinage is committed by THE HUSBAND
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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CRIMES AGAINST PUBLIC INTEREST
FORGERY these refer to deceits involving:
1. The seal of the government, the signature and stamp of the chief
executive
2. Coins
3. Treasury or bank notes, obligations and securities of the government
4. Documents
USURPATION OF the crime committed by a person who knowingly and falsely represents
AUTHORITY himself to be an officer agent, representative or any department or agency of
the Philippine government or foreign country.
USING FICTITIOUS the act of publicly using a name other than one’s registered or baptismal name
NAME for the purpose of either to: (1) conceal a crime (2) evade judgment or (3)
cause damage to public interest.
FRAUD wrongful or criminal deception intended to result in financial or personal gain.
KINDS OF FELONY ACCORDING TO DEGREE
CONSUMMATED when all the elements necessary for its execution and accomplishment are
present. (APRIL 2023BQ)
ATTEMPTED Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance
FRUSTRATED Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator
CRIMINAL LIABILITY DEPENDING ON ACT
PRINCIPAL A. Principal by Direct Participation-those who actually and directly take part in
the execution of the act.
To hold two or more persons as principals by direct participation, it must be
shown that there exists a conspiracy between and among them. This is not the
conspiracy punished as a crime but the conspiracy as a mode or manner of
incurring criminally or that legal relationship whereby, in the eyes of the law, it
may be said that the act of any one is the act of all.
Section 2. Period of registration of births. Babies born after the effectivity of this decree must be registered in
the office of the local civil registrar of the place of birth within thirty (30) days after birth, by the attending
physician, nurse, midwife, hilot or hospitals or clinic administrator or, in default of the same, by either parent or
a responsible member of the family or any person who has knowledge of the birth.
NATURALIZATION
QUALIFICATIONS:
Having honorably held office under the Government of the Philippines;
Having established a new industry or introduced a useful invention in the Philippines;
Being married to a Filipino woman;
Having been engaged as a teacher in the Philippines in a public or recognized private school for not less
than two (2) years.
REQUIREMENTS:
21 years old at the Hearing of the Petition;
You must have resided in the Philippines for 10 years;
You are of good moral character and believe in the Philippine Constitution.
EXPATRIATION the process of leaving your country and living in a new one, or the act
of forcing a person to do this.
REPATRIATION the act or process of restoring or returning someone or something to
the country of origin, allegiance, or citizenship
STATELESS PERSON “a person who is not considered as a national by any State under the
operation of its law”.
THE FAMILY
EO 209 – Family Code of the Philippines (amended by RA 6609)
PD 996 - COMPULSORY BASIC IMMUNIZATION FOR INFANTS AND CHILDREN BELOW 8 Y/O
EO 51 - NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND
RELATED PRODUCTS, PENALIZING VIOLATIONS
RA. 8424 – Tax Reform Act of 1997
single individuals only a P20,000
exception, head of families P25,000
married individuals P32,000.
each couple is allowed an exemption of P8,000 per child up to 4 children
PD 965 - A DECREE REQUIRING APPLICANT FOR MARRIAGE LICENSE TO RECEIVE INSTRUCTIONS ON FAMILY
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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PLANNING AND RESPONSIBLE PARENTHOOD
RA 10354 - Responsible Parenthood and Reproductive Health Act of 2012
RA 11223 - Universal Health Care Act (APRIL 2023 BQ)
CONTRACTS
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give
something or to render some service. As a rule, contracts are performed by mere consent, and from that
moment, the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of
the consequences which according to their nature may be in keeping with good faith, usage and law.
DO UT DES- “I give so that you may give.”contract in which one party's performance satisfies the
condition for the other party's performance.
FACIO UT FACIAS- "I do that you may do" -one person agrees to do something for another person who
agrees to do something in return.
REQUISITE OF CONTRACT
For there to be a valid contract, these three elements must be present: consent, object, and
cause.
CLASSIFICATION OF CONTRACT
FORMAL CONTRACT A contract being signed by the people involved in the agreement. A
formal contract is a written legal tool that is usually registered with a
court and needs to be signed by all parties involved. This is also known as
a formal agreement.
CONTRACT IN WRITING
INFORMAL CONTRACT a type of agreement that will not require any sort of legal intervention to
be considered enforceable. They are different from formal contracts
because they do not need to be sealed, witnessed, or written. An informal
contract is often called a social contract.
VERBAL CONTRACTS
EXPRESSED CONTRACT an agreement where parties explicitly spell out the contract terms, either
orally or in writing. In this type of contract, parties are fully aware of their
agreed-upon terms. They also know the terms are binding and that any
party can take legal steps to enforce them.
CONTRACT WITH SPECIFIC TERMS
IMPLIED CONTRACT a legally-binding obligation that derives from actions, conduct, or
circumstances of one or more parties in an agreement. An implied
contract is a non-verbal and unwritten – yet still legally binding – contract
that exists based on the behavior of the parties involved or on a set of
circumstances.
CONTRACT FROM CONDUCT OF PARTIES (APRIL 2023 BQ)
VOID CONTRACT a formal agreement that is effectively illegitimate and unenforceable from
the moment it is created.
A contract is void for any of the following reasons:
The contract included unlawful consideration or object.
One of the parties was not in their right mind at the time the
agreement was signed.
The terms are impossible to meet.
The agreement restricts a party's right.
OBJECT IS ILLEGAL/INSANITY/IMPOSSIBLE TERMS/NO RIGHTS
VOIDABLE CONTRACT a formal agreement between two parties that may be rendered
unenforceable for any number of legal reasons, which may include:
Failure by one or both parties to disclose a material fact. A mistake,
misrepresentation, or fraud. Undue influence or duress.
Coercion or undue influence
Withheld or misrepresented information
Breach of contract by one or more parties
One or more parties lacks the capacity to enter into the contract
CONSENT IS NOT FREELY GIVEN (no meeting of the
PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
21
minds)/MINORITY/MISREPRESENTATION/ COERCION
WILLS AND SUCCESSION
DECEDENT/DECEASED – The person who died.
TESTATOR – A man who makes a will.
INTESTATE – Dying without a will.
ESTATE – An estate is all the personal and real property owned by a person when he/she dies.
HOLOGRAPHIC WILL – A will made by a person entirely in his/her handwriting.
PROBATE – Probate means to formally bring the will before the Court. Once all the procedures have been
completed, all the proper forms signed, all estate taxes paid, and the assets distributed according to the wishes
of the testator/testatrix, the will is said to have “gone through probate.”
HEIR - a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last
will and testament.
LAST WILL AND TESTAMENT: a legal document that communicates a person's final wishes pertaining to
their assets. It provides specific instructions about what to do with their possessions. It will indicate whether the
deceased leaves them to another person, a group, or wishes to donate them to charity.
PEOPLE INVOLVED IN AN ESTATE PLAN
SETTLOR – A person who establishes a trust. Also called a “grantor.”
EXECUTOR – A person named in a will by the Testator and appointed by the court to carry out the terms of the
will and to administer the decedent’s estate. Also known as a personal representative. If a female, may be
referred to as the executrix. (TESTATE)
ADMINISTRATOR – An individual or fiduciary appointed by the court to manage an estate if no executor is
named in the will, a person dies without a will, or if the executor is unable or unwilling to serve. (INTESTATE)
TRUSTEE – An individual, bank, or trust company designated to hold and administer trust property (also
generally referred to as a “fiduciary”).
BENEFICIARY – A person who is eligible to receive distributions from an estate or a trust.
LABOR CODE
PD442
Normal hours of work: 8 hours per day
ADDITIONAL PAY:
Night shift differential - 10% - between 10pm and 6am the following morning.
Overtime work - 25%
Work performed beyond eight hours on a holiday or rest day - 30% (APRIL 2023 BQ)
Undertime not offset by overtime
special holiday - 30%
holiday work falls on the employee’s scheduled rest day - 50%