BOARD OF MIDWIFERY The Board of Midwifery is an administrative body created by the government to regulate, define, and limit the practice of Midwifery ni the country.
COMPOSITION RA 2644 BOARD OF EXAMINERS Chairman: Dr. Valeriano C. Eugose Jr. Member: Mrs. Vicenta Castro-Ponce Member: Miss Angelina Ponce
COMPOSITION RA 7392 1 CHAIRMAN: MELCHOR DELA CRUZ 1 RM-RN 3 RM
QUALIFICATION GENERAL Be a citizen and resident of the Philippines Be of good moral character Be at least 30 years old Not a member of faculty
SPECIFIC CHAIRMAN Shall be a registered OB Have at least 10 years of experience upon the appointment
SPECIFIC RM Registered Midwife Bachelor degree holder preferably in the field of health and social sciences With at least 10 years of experience (5 years of which is in supervisory position)
SPECIFIC RM-RN A registered Nurse-Midwife With at least 10 years experience as Nurse-Midwife
STEPS IN APPOINTMENT 1. NOMINATION / SUBMISSION TO PRC A list of registered midwives and nurse-midwives by the duly accredited association of midwives in the Philippines. A list of obstetrician by the duly accredited association of obstetrician.
STEPS IN APPOINTMENT 2. RECOMENDATION Recomendation by the PRC to the President of the Philippines 1 Chairman 1 RM-RN 3 RM
STEPS IN APPOINTMENT 3. APPOINTMENT The last step si the appointment by the President of the Philippines of the recommendees of the Commissioner of PRC.
TYPES OF APPOINTMENT REGULAR AD INTERIM HOLD OVER
TYPES OF APPOINTMENT REGULAR Nomination Recommendation Appointment
TYPES OF APPOINTMENT AD INTERIM When a board member has been appointed to fill a vacancy during the absence of a regular member. The term of office may be until the end of the regular term of office of the absent member or until the said member is able to perform his/her duties once again. “ikaw na muna habang wala pa ako”
TYPES OF APPOINTMENT HOLD OVER when the successors in office of the Board members are not yet appointed and duly qualified, the Chairman and the members are allowed to continue holding office even after the three years term of office has expired ni a hold-over capacity until their successors are appointed. “ako na muna ulit, wala pa namang papalit”
TERM OF OFFICE The term of office of the Chairman and the three members is three (3) years. In order to qualify for their positions as Chairman and Board members, they must first take an oath of office. The Chairman and members of the Board may be reappointed for another term.
TERM T he period of time by which an officer may claim t o hold the office as prescribed by law or the fixed period of time an oficial si expected ot hold his position.
TENURE The period of time during which the o f ficial actualy held the ofice or occupied the position.
REMOVAL OF MEMBERS Any member of the Board may be removed from office by the President of the Philippines upon the recommendation of the Professional Regulation Commission.
GROUNDS FOR REMOVAL 1. NEGLECT OF DUTY 2. INCOMPETENCE 3. UNPROFESSIONAL CONDUCT 4. DISHONORABLE CONDUCT
NEGLECT OF DUTY Neglect or failure on the part of an officer to do and perform some duty or duties laid him as such officer by virtue of his office or required of him by law. To be considered as neglect of duty, neglect must be prolonged or continuous .
INCOMPETENCE Incapacity, inability or lack of qualifications or fitness ot discharge the required duty or duties incident ot the employment.
UNPROFESSIONAL CONDUCT Conduct or behavior which violates the Code of Ethics of Midwives, or conduct which si unbecoming a member of a profession . in good standing.
DISHONORABLE CONDUCT Acts, conducts or behaviors that would bring shame to the person.
NOTE! Before a Board member can be removed from ofice for the above grounds, the PRC must first conduct a proper administrative investigation and the Board member in question must be given a chance to defend himself. Administrative proceedings conducted by the Commision against a Board member must be completed within aperiod of 30 days. CUSTODIAN OF ALL RECORDS — PRC
POWERS OF THE BOARD 1. DISCRETIONARY 2. MINISTERIAL 3. QUASI-LEGISLATIVE 4. QUASI-JUDICIAL
DISCRETIONARY When the public of fic er is given the right to excercise their judgement of decision on what course of action shall be pursued, how, and when the duty shall be done. example: 1. Preparation of examination papers 2. Revocation of License
MINISTERIAL POWER The duty si ministerial when the public oficer performs it ni a prescribed manner or in a given state of facts, or ni obedience to the mandate of alegal authority without regard to the exercise of his judgment or discretion. example: administer oath
QUASI-LEGISLATIVE The power of promulgating rules and regulations concerning subjects within its jurisdiction, such rules and regulations should be ni harmony with the provisions of the Midwifery Act (s hall take effect 30 days after publication in two (2) national newspapers ) example: rules and regulations promulgated by the Board and approved by PRC to carry out the provisions of Midwifery Act.
QUASI-JUDICIAL The duty si quasi-judicial when the Board conduct hearings, investigate facts or ascertain the existence of facts and draw conclusions from them as basis of their official action. example: w hen the Board conducts investigation and hearings concerning a complaint against a midwife for immoral and dishonorable conduct.
QUORUM There si a quorum during a meeting of the Board when majority of its members, that is fifty percent plus one of the total numbers of its members has attended the meeting.
WRIT A written order from the court 1. Subpoena/Subpoena ad testifacandum - an order requiring a person to act as a witness or testify in court. 2. Subpoena duces tecum - an order requiring a person to bring something before the court and fi need be, to testify about it.
WRIT 3. SUMMON - an order requiring the respondent/defendant to answer the complaint against him/her 4. WARRANT OF ARREST - which gives the police the authority to take an accused person into custody
Litigation - t he process of taking legal action Litigants - persons involved in the lawsuit
LITIGANTS CRIMINAL • COMPLAINANT - A person who files a lawsuit • DEFENDANT - A person who is sued or accused CIVIL • PLAINTIFF - A person who files a lawsuit • RESPONDENT - A person who is sued or accused
PROFESSION A calling requiring a specialized knowledge and often, long and intensive academic a preparation. MIDWIFERY
PROFESSIONAL A PROFESSIONAL is a person, who after completing the required training and preparation of a profession has passed the required licensure examination to practice the profession. MIDWIFE
FUNCTIONS OF MIDWIFE 1. TRADITIONAL 2. EXPANDED
TRADITIONAL 1. Includes supervision and care of women during pregnancy, labor and puerperium including detection of abnormal conditio management of normal-deliveries on her own responsibility; provide health; education to patient, family and community; procure medical supplies, m perform emergency care; and care of newborn and infant including detection of abnormalities.
EXPANDED 1. Oral and parenteral dispensing of oxytocic drug 2. Suturing of perineal laceration 3. Giving of IV fluid during OB emergency 4. Administration of Vitamin-K to newborn
FIELDS OF MIDWIFERY 1. PRIVATE 2. INSTITUTIONAL 3. COMMUNITY OR PUBLIC HEALTH 4. EDUCATION
PRIVATE 1. A midwife can engage in private practice by operating her own lying-in clinic or day care center. A midwife engage ni private practice is responsible for her own actions and is allowed to handle normal cases only.
INSTITUTIONAL 2. Institutional midwives a r e midwives employed in hospitals, clinics, day care centers and other institutions where midwives are hired to render midwifery services. Midwives in this field are under the direct supervision of a superior which may be a nurse or a doctor. —- Ideal for newly registered midwives.
COMMUNITY OR PUBLIC HEALTH 3. T hese are midwives employed in puericulture centers, rural health units and health centers. In Public Health Midwifery the midwife renders services to individuals, families and communities in the implementation of the health programs of the government
EDUCATION A. CLINICAL INSTRUCTOR B. CLASSROOM INSTRUCTOR C. PRINCIPAL
CLINICAL INSTRUCTOR A registered midwife can fol l ow-up students in the community or ward provided she has at least 2 years experience ni the area of assignment and has undergone training in the supervision of students.
CLASSROOM INSTRUCTOR A midwife can teach in the classroom if she has BS degree, or if she is a registered nurse-midwife, and have at least one year sa tisfactory teaching experience or one year eficient performance ni the ward or community.
PRINCIPAL A midwife can occupy this position i f she is a registered nurse- midwife, or a registered midwife with a bachelor's degree, with at least 3 years experience ni maternity ward, one year of which i n supervisory position, and with 2years teaching experience in a school of midwifery.
REVOCATION OF LICENSE Is the cancellation of t he e midwife's certificate of registration or professional license. This means that the midwife can no longer practice midwifery, can no longer use the initials R.M. (which stands for Registered Midwife) after her name. - PERMANENT
SUSPENSION means temporary withdrawal of the right ot practice midwifery. After suspension the midwife is still a member of midwifery profession but she/he is prohibited from practicing midwifery for a certain period of time. - TEMPORARY
DUE PROCESS Due process means that no person shall be made to answer for a crime or wrongdoing unles the person is given the chance to be heard-the chance to present evidence and witnesses to prove ones' innocence.
APEAL After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court's decision for legal errors that may have affected the outcome of the case. BOM —- PRC
NEGLIGENCE Negligence is the failure to observe for the protection of the interest of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury . - May be commited via OMISSION or COMMISSION
OMISSION O mission o c curs when there is failure to do what a reasonable prudent would do in similar curcumstances example: failure to provide an oxytocin after the delivery of the fetus, resulting to uterine atony.
COMMISSION results from doing a thing which a reasonably prudent person would not do in similar circumstance. example: performing fundal push to a grand multi patient, resulting to uterine rupture.
TEST OF NEGLIGENCE 1. Pre sence of duty 2. Failure to perform the duty 3. Damage or injury to another person 4. The failure to perform one's duty is the direct cause of damage or injury ot another person .
LETS TAKE A TEST! The midwife did not teach a postpartum mother about proper perineal care. The mother developed puerperal infection because of poor perineal hygiene. I s the midwife liable? During a home delivery in remote area, the patient hemorrhaged. The midwife transported the patient to the nearest health care facility but the patient died on the way.
RES IPSA LOQUITOR “ THE THING SPEAKS FOR ITSELF” This means that in certain instances, the presence of acts or circumstance surrounding the injury clearly indicate negligence on the part of the defendant. example: a patient failed to provide oxcytocin to the patient. The presence of bleeding is enough evidence that the midwife has been negligent.
RESPONDENT SUPERIOR When the negligence occur while the midwife is following a lawful order. this means that the negligence of the employee is the negligence of the employer/superior.
FORCE MAJEUR Any event beyond the control of human will • Typhoon • Heavy Traffic • Flood • Storm • Inability on the part of the midwife
INCOMPETENCE Incompetence means lack of legal qualification and lack of qualities to discharge the required duty. A midwife who si incompetent si unable ot fulfil her duties properly and effectivel y
MALPRACTICE - Malpractice applied to midwifery means unskillful and improper discharge of one's professional duties. It also means negligence caused to professional persons. - Stepping beyond one legal responsibility - A midwife who performs duties which are beyond the scope of midwifery as stated in Republic Act 7392 commits malpractice.
SERIOUS IGNORANCE lack of knowledge or awareness of a particular thing. In midwifery ignorance denotes lack of and failure to exercise an accepted degree of professional skill and learning in the discharge of professional duties.
FRAUD/DECIET Fraud is intentional perversion of truth, an act of deceiving, an act of misrepresenting. Fraud and deceit are used synonymously. Amidwife commits fraud and deceit when she presents false certificates of continuing education when renewing her license.
MIDWIFERY ETHICS
ETHICS Principle of right or good conduct “Character” in greek Ethics is the philosophical study of volountray human acts with the purpose of determining what good, right is and to be done, and what is bad, wrong, and nit to be done.
ETHICS HUMAN ACTS are actions that involves the use of both free will and intellect, these are actions performed with the use of reason. Human acts are performed consciously and knowingly. ACTS OF MAN Acts of Man are actions that does not involve the use of intellect and free wil. Acts of man are performed unknowingly and unconsciously.
ETHICAL SYSTEMS UTILITARIANISM To determine the greatest good for the greatest number of people Determines what is right or wrong based on an action's consequences DEONTOLOGY Deontology emphasizes moral obligation or commitment. Deontology believes in the absoluteness of principles regardless of the consequences of the decision.
MORALS Morals are a standard or set of rules about what is right versus what is wrong
MORES Mores are the means by which individuals in a culture adhere to their morals.
MORALITY 3 ELEMENTS 1. ACT 2. PURPOSE 3. CIRCUMSTANCES
JUDGING THE MORALITY 1. An act si moraly good it the ACT itself, the PURPOSE and the CIRCUMSTANCES are substantially good. 2. If an act is intrinsically evil (evil by its nature), the act is not moraly allowable. Regardless of its purpose and circumstances 3. Circumstances may create, mitigate or aggravate the immorality of an act. 4. it the act itself is good or at least indifferent, its morality will be judged by the purpose and circumstances.
DOUBLE EFFECT Human Acts With Both Good And Bad Effect When human act results in both good and bad consequences or wanted and unwanted effects, ti is called "double effect and the human act to be performed becomes an ethical problem.
The Principle Of Two Fold Effect The action must be morally good and must not be evil in itself. The good effect must be willed and the bad effect merely allowed. The good effect must not come from an evil action but must come from the initial action itself directly. The good effect must have a greater effect than the bad effect.
MORALITY OF COOPERATION Man is a social being. He lives with other men. Therefore, morality's subject matter is got only man's action by himself but also his actions as he works with and lives with other men. Man is morally responsible not only for his own actions but also of the effect of his actions to other people, as wel as his reaction ot other men's action.
TYPES OF COOPERATION POSITIVE COOPERATION voluntarily doing an act which contributes to the evil act of another. example: A midwife who assists an obstetrician perform an abortion si committing positive cooperation. NEGATIVE COOPERATION cooperation by omission in which the person did not do anything to prevent another person from committing an evil act. example: A midwife who saw another midwife stealing medical supplies and does not stop the latter or report the incident to her supervisor
TYPES OF COOPERATION DIRECT when a person's cooperation occur while the act is being performed. example: A midwife who acts as a "watch" while the doctor injects a fatal dose of sedative to an unconscious patient INDIRECT committed before or after the evil act, however, the cooperation is not necessary to the evil act itself. example: A midwife destroys all evidence of an abortion although he did not assist while the surgical procedure was being performed.
DEFINITION OF TERMS CONCIENCE: is a practical judgment of reason upon an individual act as good, or as evil and to be avoided. ETIQUETTE: a set of formal rules for social conduct based on social consideration for others and designed ot establish pleasant social relationships. IDEALS: An ideal is a mode of perfection or excellence which we try to imitate. VALUES: Values are ideals and concepts that give meaning to an individual's life. LAW: Sp ecific rules of conduct which defines which action are legal and therefore alowed, and which actions are ilegal and therefore, not alowed.
OBLIGATIONS MORAL Are obligations based on moral or ethical principles but are not enforceable under law such as the moral obligation of a nurse LEGAL Are obligations that are required by the law such as the obligation of a nurse to pay professional tax when practicing her profession.
RIGHTS Right is something owed to an individual according to just claims, legal guarantees, moral and ethical principles.
3 TYPES OF RIGHTS 1. WELFARE RIGHTS 2. ETHICAL RIGHTS 3. OPTION RIGHTS
WELFARE RIGHTS Also called legal rights. They are guaranteed by law(e.g. Bilof Rights ni the constitution in which violation is punishable under law)
ETHICAL RIGHTS Also caled moral rights. They are based on moral or ethical principles and usualy do not require power of law ot be enforced. nI reality, these are privileges (e.g. the right ot access ot health care)
OPTION RIGHTS They are based on fundamental belief ni dignity and freedom of humans. These are basic human rights. They give individuals freedom of choice, but within boundaries. (e.g. In our society, we may wear anything we like, but we must wear something)
ETHICAL PRINCIPLES USED IN HEALTH CARE RESPECT FOR INDIVIDUALS AUTONOMY NON-MALIFICENCE BENEFICENCE JUSTICE CONFIDENTIALITY FIDELITY VERACITY
RESPECT FOR INDIVIDUALS Respect for persons is an overarching maxim of morality that influences al other ethical principles mentioned before this slide.
AUTONOMY Individuals personal liberty to determine ones action
AUTONOMY IN HEALTH CARE 1. INFORMED CONSENT: The respect for the autonomy of the patient means that the patient has the capacity to act intentionally, with understanding, and without controlling influences that would act against a free and voluntary act such as coercion or undue influence. Therefore, midwives should not provide advice or recommendalions as to what course of action the patient and his family must resort to.
AUTONOMY IN HEALTH CARE 2. PARENTALISM/PATERNALISM: In health care, the concept of paternalism is applied when health care givers, especially physicians, assume the authority to make decisions for the patients. Many are against paternalism as it limits the patient's freedom of choice
AUTONOMY IN HEALTH CARE 3. STANDARD OF BEST INTEREST: Pertains to health care providers making decisions about a client's health care when they are unable ot make informed decisions - about their own care.
ADVANCE DIRECTIVES LIVING WILL Instructional directive A will in which a competent adult give directions or instructions for future care ni the event that he becomes incapacitated due ot terminal illness or impending death. MEDICAL POWER OF ATTORNEY Health care proxy Names a trusted person ot act as an agent or proxy ni making health care decisions in the event of incapacity
ADVANCE DIRECTIVES Advance directive is a document where a person give instructions about future medical care should he or she be unable ot participate ni medical decisions due to serious illness or incapacity
DEFINITION OF TERMS! ACTIVE EUTHANASIA: Hastening death of a terminally il or dying person through some act or procedure (mercy killing) such as injecting a lethal dose of narcotic. PASSIVE EUTHANASIA: Is allowing an individual to die by not providing him or her extraordinary intervention. COMFORT CARE: An approach ot care of the dying that emphasizes the relief of discomfort rather than cure of illness or prolongation of life. DO NOT RESUSCITATE ORDER (DNR) : Also called a "no code," a DNR is usually placed on a patient's medical chart to indicate that there should be no attempt to restart a failed heartbeat or apply cardiopulmonary resuscitation (CPR) to restore normal breathing. HOSPICE: Institution or organization offering comfort care for the dying when medical treatment is no longer expected to cure the disease or prolong life. TERMINAL SEDATION: Refers to a coma-like state induced when symptoms such as pain, nausea, breathlessness or delirium cannot be controlled while keeping the patient conscious INTEGRITY: Integrity - Integrity means acting with sincerity and being consistent ni thought and action. tI also includes keeping promises, commitments and agreements.
BENEFICENCE The Principle of Beneficence demands that above all, an individual should do only good and contribute to the welfare of others. example: Setting-up the railing to prevent the patient from falling
NON-MALIFICENCE This principle obliges health care providers to DO NO HARM. The principle of nonmaleficence requires the professional that do not intentionally create a needless harm or injury to the patient, either through negligent acts of commission or omission .
JUSTICE Giving to each person his/her due When the principle of justice is expanded ot "distributive justice", this means that every person has the right to be treated equaly regardless of sex, race, marital status, economic level, or religious belief, This implies the fair distribution of benefits, including burdens in society.
CONFIDENTIALITY informations that are confided to another person only after that person has made the commitment that it wil not be made known to others. example: information provided by a patient to a midwife during an interview.
FIDELITY The quality or state of being faithful or loyal . Fidelity refers to the obligation of a person to be faithful to agreements, commitments and responsibilities that he has made to himself and to others .
VERACITY Refers to the principle of TRUTHFULNESS In midwifery, veracity is applied ni the midwife's responsibility never ot mislead or deceive a patient. This is observed when providing informed consent where a midwife should provide accurate health teachings and answer patient questions as truthfully and honestly.
TAXATION
TAXATION refers to the process of laying taxes to raise revenue to defray the necessary expenses of government.
TAX refers to the proportional enforced contribution from persons and property support of the government and public needs.
REVENUE refers to all the funds or income raised by the government, whether from tax or from whatever source.
COMPULSORY Payment of taxes due si a duty and is, therefore compulsory. This arises from the so- caled "Life-blood Theory ni Taxation", under which taxes are said ot be the life-blood of the government. For, indeed, without taxes, the government cannot aford ot pay its necessary expenses, cannot function, and wil cease ot exist.
TAX AVOIDANCE Tax avoidance is the exploitation by the tax payer of legally permissible alternative rates or methods of assessing taxable property or income in order to avoid entirely or reduce tax liability. P unishable by law. TAX EVASION Tax evasion is the use by the taxpayer of illegal or fraudulent means to defeat or lessen the payment of taxes. I t is punishable by law.
COMMUNITY TAX SEDULA Community tax is a poll tax which replaced residence tax. A Community Tax Certificate ( S e d u l a ' is issued to every person or corporation upon payment of community tax
ANUAL REGISTRATION FEE An annual registration free is charged to every practicing professional which should be paid every year before January 31. exemption: Midwives working in the government are exempted from paying the professional tax.
DEADLINE OF PAYMENT PROFESSIONAL TAX An annual registration free is charged to every practicing professional which should be paid every year before January 31. INCOME TAX This return shall be filed on or before April 15 of each year
DUE PROCESS
ARREST Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
BAIL Bail is the security given for temporary release of a person ni custody or of a person arrested.
COMPLAINT A civil action is commenced by filing a complaint with the court. The complaint is a concise statement of the ultimate facts constituting the plaintiffs cause or causes of action. It is a sworn written statement charging a person of an offense.
LAWSUIT Lawsuit or action means an ordinary suit ni a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong.
CRIMINAL COMPLAINANT The person who files a case against another. The plaintiff is the accuser. DEFENDANT The person against whom the case is filed
CIVIL PLAINTIFF The person who files a case against another. The plaintiff is the accuser. RESPONDENT The person against whom the case is filed
PLEA Ingeneral, plea refers to the answer of the defendant ot the complaint. The defendant may plea "guilty" or "not guilty".
EVIDENCE Evidence is the means of ascertaining ni a judicial proceeding the truth respecting the matter of fact.
TYPES OF EVIDENCE 1 . Object or Real Evidence - Are objects which may be exhibited to, examined ro viewed by the court. Example: The gun used by the offender in shooting the victim. 2 . Documentary Evidence - Documents as evidence consist of writings or any materials containing leters, words, numbers, figures, or other modes of writen expression. Example: Patient's charts, birth certificate, written contracts 3.Testimonial Evidence - This refers ot the declaration of witnesses. Awitness can testify only to those facts which he has personal knowledge of.
HEARSAY EVIDENCE Hearsay evidence or repetition of what the witness heard from what others have said, are not admissible. INADMISSIBLE TO THE COURT, UNLESS THE OPPOSING PARTY DOES NOT OBJECT
EXAMINATION OF WITNESS DIRECT EXAMINATION is the examination of a witness by the party presenting him on the facts relevant to the issue. CROSS EXAMINATION Is the examination of the witness by the opponent or adverse party.
AFFIDAVIT is a sworn statement ni writing or a declaration in writing made upon oath before an authorized officer such as a notary public.
PERJURY False testimony is committed by a person under oath who knowingly issues statements that are not true or denies the truth at a hearing before a competent authority.
DECISION JUDGEMENT If the judge tries the case, the judge's decision is called a judgment. VERDICT If a jury tries the case, the jury's decision is called a verdict.
APPEAL Appeal is filed by the aggrieved party ot a higher court ot secure the review of a judgment, order, or decree of an inferior court. An appeal must be made within fifteen days after the decision has been rendered
CRIMES
CRIME an act or omision that is punishabke by the law
CRIMINAL LAW Criminal Law is that branch of law which defines crimes, treat of their nature and provides for their punishment.
KINDS OF CRIME FELONY A crime that is punishable by the revised penal code OFFENSE When the act or omission is punishable by special penal statutes or anyother law but not the Revised Penal Code.
INFANTICIDE Killing of a child less than 3 days
PARRICIDE Parricide refers to the deliberate killing of one's own father and mother, spouse, children, and/or close relative.
HOMICIDE is the unlawful kiling of another person which si neither parricide, murder nor infanticide.
GIVING ASSISTANCE TO SUICIDE Is committed either by assisting another to commit suicide (whether the suicide is consummated or not) and by lending assistance to another to the extent of doing the kiling himself.
MUTILATION Is the deliberate lopping or clipping of of some part of the body of another
CRIME AGAINST LIBERTY
ILLEGAL DITENTION Is the crime commited by a private individual who unlawfully deprives another person of liberty.
ABANDONMENT IN DANGER is the crime committed by anyone who fails to render assistance ot any person whom he finds ni an uninhabited place wounded or ni danger of dying, when he can render assistance without detriment to himself.
ABANDONMENT OF ONES VICTIM commited by anyone who shall fail ot help or render assistance ot another whom he has accidentally wounded or injured
GRAVE COERCIONS Preventing another person by means of violence from doing something not prohibited by law Compeling another by means of violence ot do something against his wil, whether it be right or wrong
CRIME AGAINST PROPERTY
ROBBERY committed by any person who shal take the personal property belonging to another with the intent ot gain by means of force, intimidation of any person, or fusing force upon anything.
THEFT committed by any person who, with intent to gain but without violence against, intimidation of neither persons nor force upon things, sh all take the personal property of another without the latters consent
SWINDLING/ESTAFA The crime committed by any person who defrauds another
MALICIOUS MISCHIEF Malicious Mischief is the crime committed by any person who deliberately causes to the property of another any other damage
ARSON Destructive Arson is the crime committed by any person who burns a building, train, ship, airplane, etc.
CRIMES AGAINST CHASTITY
ADULTERY CRIME OF A MARRIED WOMAN Is the crime committed by any married woman who has sexual intercourse with a man not her husband and by the man who has carnal knowledge of her
CONCUBINAGE CRIME OF A MARRIED MAN 1. Keeps a mistress ni the conjugal dweling 2. Has sexual intercourse, under scandalous circumstances, with a woman who is not his wife 3. Cohabits with a woman not his wife ni any other place
CRIMES AGAINST CIVIL STATUS OF PERSONS
SIMULATION OF BIRTH Is committed by a woman who pretends that she is pregnant when ni fact she is not, and on the day of the supposed delivery takes the child of another as her own.
CHILD SUBSTITUTION is committed by a person who exchanges babies without the knowledge of their parents with the intention ot cause the loss of any trace of their filiations.
ABANDONING LGITIMATE CHILD Concealing or Abandoning a Legitimate Child with the intent of causing such child to lose its civil status,
CRIME AGAINST HONOR
DEFAMATION LIBEL Libel is committed by means of writing, printing, lithography, engraving, radio, or photograph. SLANDER Oral defamation
QUASI OFFENSES imprudence or negligence is not a crime ni itself but. simply a way of committing a crime.
IMPRUDENCE SIMPLE consists in the lack of precautions displayed in those cases ni which the damage impending to be caused si not immediate nor the danger clearly manifested. RECKLESS consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act
NEGLIGENCE Negligence is lack of foresight or deficiency of perception.
DOLO/MALICE criminal intent or the intent to do an evil to another, his property or his right. A crime commited by means of dolo or with malice si known as intentional felony. CULPA/FAULT When the offender commits a wrongful act resulting from imprudence, negligence, lack of foresight or lack of skill, the act is called culpable felony.
STAGES OF EXECUTION (FELONY)
ATTEMPTED A felo ny is attempted when the offender commences the commission of the felony directly by overt acts, and does not perform al the acts of execution, which should produce the felony, by reason of some cause or accident other than his own spontaneous desistance
FRUSTRATED A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator
CONSUMATED A felony is consummated all the elements necessary for its execution and accomplishment are present.
EXAMPLE With intent to kill a four year old boy under her care, a nanny prepared a bowl of cereals and laced it with poison sufficient, if substantial amount si taken, to kill the boy.
CONSUMATED If, after she fed the boy with the said cereals, the boy dies of the said poison .
FRUSTRATED If, despite having fed the boy with al the contents of the said bowl, the boy does not die because of timely medical attention .
ATTEMPTED If the boy does not die because, after she fed him a spoonful of the said cereals, he started to retch such that she was not able anymore (although she still wanted) to feed him more of the poisoned cereal
CONSPIRACY
CONSPIRACY TO COMMIT A CRIME Conspiracy exists when two or more persons come ot an agreement concerning the commission of a felony and decide to do .ti
PRINCIPAL Are persons who took part ni the crime by: D IRACT PARTICIPATION or taking a direct part in the execution of the felony INDUCTION or directly forcing or inducing others ti commit a crime INDISPENSABLE COOPERATION or by cooperating IN a commission of the felony by another act without which the crime would not have been accomplished
ACCOMPLICES Accessory before the fact Are persons who are not principals but cooperate ni the execution of the felony by previous or simultaneous acts.
ACCESSORY Accessory are persons who having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part after the crime was committed .
EXEMPTION!! An accessory is exempted from criminal liability when the principal of the felony is a spouse, ascendant, descendant, brother, sister, or relative by affinity within the same degree
JUSTIFYING are those where the act of a person is said to be ni accordance with law, so that such person is deemed not to have transgressed. the law and is free from both criminal and civil liability.
JUSTIFYING Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Any person who acts ni obedience to order issued by a superior for some lawful purpose. Anyone who acts ni defense of the rights or persons or strangers. Any person who, in order to avoid evil or injury, does an act which causes damage to another. Anyone who acts in defense of his person and rights.
EXEMPTING Are those grounds for exemption from punishment because of the complete absence of intelligence or freedom of action on the part of the accused. A person who acts without intelligence, freedom of action or intent does not act with malice.
EXEMPTING An imbecile or an insane, unless the later has acted during alucid interval A p erson nine years of age or less. Aperson over nine years of age and under fifteen unless he has acted with discernment Any person while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury Any person who fails ot perform an act required by law, when prevented by some lawful or insuperable cause
MITIGATING Are those which, if present in the commission of a crime, do not free the offender from criminal liability but serve only to reduce the penalty for the crime commited. Mitigating circumstances only reduce the liability of the but do not change the nature of the crime.
MITIGATING That the offender si under 18 years of age or over 70 years That the offender had no intention to commit so grave a wrong as that committed That sufficient provocation or threat on the part of the offended party immediately preceded the act That the act was committed ni the immediate vindication of a grave offense to the one committing t h e felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees; That of having acted upon an impulse so powerful as naturaly ot have produced passion or obfuscation; That the offender had voluntarily surrendered himself to a person ni authority or his agents, or that he had voluntarily confessed his guilt before the court prior ot the presentation of the evidence of the prosecution; That the offender is deaf and dumb, blind or otherwise suffering some physical defects which thus restricts his means of action, defense, or communication with his fellow beings; and. Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of consciousness of his acts
AGGRAVATING If attendance to the comission of the crime increases the liability of the offender
AGGRAVATING That advantage be taken by the offender of his public position That the crime was committed in contempt or insult to the public authorities That the crime be committed ni the nighttime or uninhabited place That the crime be committed in the occasion of conflagration, shipwreck earthquake, epidemic, or other calamity or misfortune T hat the crime be committed with the aid of armed men or persons who insure or afford immunity Committed with evident premeditation That the crime is committed in consideration of reward, price. or promise.
ALTERNATING Are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions atending its commission .
DEGREE OF INSTRUCTION Low degree of instruction or lack of it is generaly mitigating High degree of instruction and education is aggravating when the offender avails himself of his learning im commiting the crime The accused who studied up to the sixth grade has sufficient schooling; and Not mitigating in crimes against property
INTOXICATION It is mitigating when intoxication is not habitual and not subsequent to the plan to commit a felony It i s aggravating when intoxication is habitual or if it is intentional
RELATIONSHIP When the offended party is the spouse, descendant, ascendant, natural or adopted brother or sister, or relative by affinity ni the same degree, of the offender.
CONTRACTS
CONTRACT “ Meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some contract and services ".
DU UT DES: I FIVE THAT YOU MAY GIVE DU UT FACIAS: I GIVE THAT YOU MAY DO FACIO UT DES: I DO THAT YOU MAY GIVE FACIO UT FACIAS: I DO THAT YOU MAY DO
OBLIGATIONS "juridical necessity to give, to do, or not to do" 1. Law - Obligations that are required by law. Example: Obligation to pay taxes or support one's family. 2. Contracts - Obligations arising from contracts. Example: Contract employment wherein the employee has obligation to render service and the employer has an obligation ot pay for the employees services 3. Quasi-Contracts - Obligations that are enforceable by law based on the rule that no one shall be allowed to enrich oneself at the expense of another. Example : the obligation to return money paid by mistake.
OBLIGATIONS 4. Crimes - Obligations that arise from civil liability caused by a criminal offense. Example: Aperson who commits a crime of arson has civil liability to pay for the destruction of properties caused by his criminal act. 5. Torts - Obligation for damages caused by fault and negligence but with no contractual agreement between the wt o parties. Example: The obligation to pay for damages to another person caused by one's a nimal such as a dog .
KINDS OF CONTRACTS INFORMAL Acontract which may be entered into in whatever form provided that all requirements for their validity are met. This type of contract may be written or oral. FORMAL A contract which require special formalities or a certain specified form, in addition to consent, subject mater and cause before the contract may be perfected.
KINDS OF CONTRACT IMPLIED Is a contract that is concluded as the result of acts or conduct of the parties to which the law ascribe an objective intention to enter into contract EXPRESSED A contract ni which the conditions or terms of the contract are expressed oraly or ni writing by the parties concerned.
VOID CONTRACTS These are contracts that has no effect a t all and which cannot be ratified or validated. The folowing are, inexistent and void contracts: a. Those which are absolutely simulated or fictitious. b. Those whose cause or object did not exist at the time of transaction.
MIDWIFERY ORGS
PHIMIDAS The PHIMIDAS is one of the first associations for midwives in the country. It was organized in 1961 and its members are graduates of various midwifery schools in the Philippines First president: Angelina Ponce
NFFM NFFM was founded in 1961. Its members are midwives from different parts of the country First President: Leoncia Chuatoco
ICM The ICM is an international organization composed of national associations of midwives from different countries. Must be a member of your national organization first
IMAP MEMBERSHIP ACTIVE: Graduate registered midwives with a right to vote. AFFILIATE: Member of the graduating class with no voting privilege but is to be represented. ASSOCIATE: A registered nurse and a registered midwife can be a member but she has no right ot vote. HONORARY:
IMAP First President: Juana Reyes Established: SEC reg. March 17, 1976
APSOM APSOM is an organization of duly accredited schools of midwifery ni the Philippines.
WILLS
SUCCESSION Succession is the mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another by his wil or by operation of law.
WILL A WILL is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the deposition of his estate, to take effect after his death.
TESTAMENT A TESTAMENT disposes of personal property while a wil disposes of real property.
A PERSON WHO CREATES A WILL FEMALE TESTATRIX MALE TESTATORR
DECEDENT DECEDENT is a person whose property is transmitted to another after his death whether or not he left a will.
HEIR An HEIR is a person called to the succession either by the provision of a wil or by operation of law.
INTESTATE A person who died without leaving a will
ESCHEAT Escheat is a proceeding where by the propert y/of a person who did not left a will of who have no heirs become the property of the State after his/her death.
CODICIL A CODICIL si a supplement or addition to awil, made after the execution of a wil and annexed ot be taken as part thereof, by which any disposition made ni the original will is explained, added to or altered.
TYPES OF WILL NOTARIAL HOLOGRAPHIC
NOTARIAL When the person lets another person the make the will or him
QUALIFICATIONS TO BECOME A WITNESS Qualifications of witnesses to a wil Be of sound mind Be at least 18 years of age Be able to read and write Be not blind, deaf or dumb Not have ben convicted by fĂnal judgment fo falsification fo a document, perjury or false testimony
HOLOGRAPHIC A person may execute a holographic wil which must be entirely written, dated, and signed by the hand of the testator himself.
PROBATE PROVING THE VALIDITY OF A WILL
DUTY OF CUSTODIAN OF WILL The person who has custody of a wil shall, within twenty days (20) after he knows of the death of the testator, deliver the wil ot the court having jurisdiction, or the executor named in the will. If the custodian failed to deliver the will within twenty days, the court may fine him an amount not exceeding P2,000.00. and/or maybe committed to prison until he delivers the will.
MIDWIVES RESPONSIBILITY Witnessing a will is a voluntary act. If a patient expresses a desire to make a will, the appropriate action of a midwife would be to help the patient look for a legal -counsel. or lawyer who can assist the patient