PROFESSIONAL ADJUSTMENT
 It is the development of the
whole individual – physical,
mental, spiritual, social and
emotional.
Juris
 Means Law
Jurisprudence
 The study of Laws
Nursing Jurisprudence
 The study of laws that affect
the practice of Nursing
Law
 A rule of civil conduct that
commands what is right and
prohibits what is wrong.
Concept:
 Ignorance of the law excuses
no one.
 It is a must, as a citizen and
as a nurse, to know the law
Concept:
Practicing nursing without a license
(includes practicing nurses and
volunteer nurses) incurs a penalty of:
a) Not less than one year to not
more than six years of
imprisonment
b) Or a fine of not less than
Php50K but not more than
Php100K.
 This is considered
misdemeanor in nursing.
 Thus, no license – no practice
Two Classifications of Law
according to Origin
1) Divine Law
Author is God (i.e. the ten
commandments)
2) Human Law
Author is man
Human Laws
1) Public Law
A law that affects the general
public (i.e. criminal laws –
euthanasia, abortion, theft,
robbery)
2) Private Law
A law that affects the
relationship of an individual to
another individual
Concept:
 The Philippine Nurses
Association is the only
accredited nursing association
in the Philippines.
Concept:
 Midwives can administer only
two drugs:
o Oxytocin
o Vitamin K to newborn
Criminal Law
 Any law that defines and
provides punishment for
crimes
Examples:
1) Republic Act 7877 – Sexual
Harassment Law (1995)
Where does it happen?
W – Work
a E – Education
T – Training
Two elements of sexual harassment:
a) There must be a superior
Authority abused by superior
Moral Ascendancy (respect)
b) There must be a subordinate
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Concept: Republic Act 7160 Local
 RA 7877 is not applicable if Government Code of the
there is no superior- Philippines (1992)
subordinate relationship
 Mayor is now allowed to
Act of Lasciviousness solemnize marriage.
 Touching
 Before this, the application of
Rape Philippine Nurses for
 Sexual act against will of a government hospitals is done
person at the Department of Health.
 Violent Now it is done at the Office of
 With penetration (regardless the Local Chief Executive or
of depth) the Mayor
 Has two stages:
i. Attempted Republic Act 7164 Nursing Act of
ii. Consummated 1991
 There is no frustrated stage  A student who intends to take
the board exam must be at
Second Type of Rape least 18 years of age before
 A male inserts his organ in he will be allowed to take the
any orifice of the female or board examination for nursing
another male against the will
of the other party. Examples  This is not a mandatory law
are oral or anal sex without
consent.  He can take the board exam
but he will receive his license
Concept: when he reaches the age of
 Three readings are needed majority.
for a bill to become a law.
Republic Act 6809 New Age of
Article 2 Section 3 of the 1987 Majority
Constitution of the Philippines  This is now 18 years old.
Protects the mother and the newborn
child Republic Act 6675 Generics Act of
1988
PRIVATE LAW
Examples: Civil Laws Republic Act 7610 Child Abuse

Executive Order 209 Family Code Republic Act 7305 Magna Carta
of the Philippines (August 3, 1988)
Concept:
 Marriagable age is 18 years  All Presidential Decrees were
old declared during the Marcos
 Mayor cannot solemnize time
marriage

2
  Republic Acts were created by
the legislative body
 Executive Orders and Letters
of Instruction were created by
the Office of the President
Presidential Decree 651 – Birth
Registration Law
 Register baby within 30 days
or 1 month
 Register baby at Local Civil
Registrar
 If child delivered
illegitimate, surname
mother can be used or
followed
 Under new law, child of
putative father can use the
father’s surname
 This is not absolute
 There must be prior
recognition by the putative
father.
 How??? – by a declaration of
fathership by the putative
father on a piece of paper
Concept:
 Under the new nursing law,
Republic Act 9173 of 2002 – a
nurse can now suture a
laceration in the perineum
 Condition for such is that the
nurse should first undergo
special training according to
protocol
Republic Act 7392 New Midwifery
Law of April 10, 1993
 Section 23 states that a
midwife can suture lacerations
and can perform internal
examination in absence of
antenatal bleeding
 Nurses can also perform this
under the new additions of RA
9173.
Intestate
 Describes a person who died
without a last will and
testament
Family Code of the Philippines
(1988)
 For a marriage to be legal, a
is minimum of five persons are
of needed:
o solemnizing person
o man
o woman
o two witnesses
 Without one of these five, the
marriage is considered
invalid. Therefore, there are
no secret marriages.
 Psychological incapacity is
the most common reason for
annulment or legal separation
Legal Separation
 Female continues to carry the
surname of the husband
 Marriage bond is not severed
 There is only separation of
room and board
 Custody of child belongs to
the mother if child is under
seven (7) years of age
 Custody belongs to the father,
if mother is not capable of
financial support
 Both parties cannot marry
again.
Annulment
 Woman can go back to using
her maiden name
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  Male goes back to single
status
 Both parties can marry again
 Court decides everything.
Divorce
 Couple decides everything
and submits to court what has
been agreed upon
Section 26 of Family Code
On mixed marriages
 A Filipino spouse can re-
marry if divorced by a foreign
husband or wife.
Other Laws on Children
Republic Act 7610 – Child Abuse
and Exploitation
 Punishes any form of child
abuse – physical, sexual,
psychological
 Bantay Bata 163
 Anti-pedophile law to protect
the children
 If child is minor, in order to be
brought outside of the
Philippines, there must be
initial clearance with the
Department of Social Welfare
and Development.
Laws Related to Babies
Republic Act 7600 – Rooming In
and Breastfeeding Law
 Started baby friendly hospital
 Introduced breastfeeding
 Baguio General Hospital
started breastfeeding.
4
Executive Order 51 – Milk Code of
the Philippines
 Nurses are not allowed to
encourage use of any formula
for mother to feed baby with.
 Only allowed if mother is not
qualified to breastfeed.
Presidential Decree 965 –
Responsible Parenthood
 Before you can be issued a
marriage license, it is a must
that you undergo a Family
Planning Seminar.
 The POPCOM, midwives,
nurses conduct this seminar
 No one is exempted from this
law.
Dura lex Sed lex
 A latin phrase which means
that “the law is always the
law”
 Nobody is exempted from the
law as it applies to all subjects
Presidential Decree 996 –
Compulsory Immunization Law
 Target age is eight (8) years
old and below
 Legal basis of Expanded
Program on Immunization.
Republic Act 1080 – Civil Service
Eligibility
 Before a nurse can work in a
government hospital or before
being an RHU nurse, is it
mandatory for the nurse to
pass the Civil Service
Eligibility Examination? ---
Answer is NO!
 If a nurse does not have CSE,
he can work on a casual basis
and can be removed or
terminated anytime.
  If a nurse has CSE, he can be
made a permanent employee.
 However, with RA 1080, once
a nurse passes the board
examination for nurses, he is
exempted from taking the Civil
Service Eligibility
Examination. Passing the
board exam is tantamount to
passing the CSE examination.
Presidential Decree 825
 Punishes improper disposal of
garbage
Presidential Decree 856 –  This is an all nurse team
Sanitation Code of the Philippines
Negligence
 Revocation and Suspension
of license of professional
nurses is done by the Board
of Nursing.
 Board of Nursing has the
right, power and authority to
suspend or revoke a nursing
license
 Second in line or second
choice for revocation or
suspension of license if Board
of Nursing is not in the list of
choices – Professional
Regulatory Commission
 PRC was created in 1973 by
virtue of Presidential Decree
223.
History of Nursing Law
1919 – Act No. 2808 – True
Nursing Law
 This Act created the Board of
Nursing, which prepares
questions for the board
examination.
5
 Dr. Juan Cabarrus is the first
chairman of the Board of
Nursing in 1919
 Florence Nightingale is the
Founder of Modern Nursing
1920 – First Board Examination was
given to 93 examinees. 67 passed.
1953 – Republic Act 877 – Nursing
Law or Nursing Act of 1953
 Board of Nursing is now
composed of one (1)
chairman and four (4)
members
 No doctors are to be included
in the Board of Nursing
1991 – Republic Act 7164 Nursing
Law of 1991
 Under this law, if a candidate
fails three times in the board
examination, he is not allowed
to take the board examination
for a fourth time unless he
goes back to the 4th year (1st
and 2nd semester) as a
refresher course.
 Under this law, a student has
to belong to the upper 40% of
his graduating high school
class in order to qualify for the
BSN program.
2002 – Republic Act 9173 Nursing
Law or Nursing Act of October 21,
2002
 This repeals or changes all of
RA 7164
 Under this law, there is no
more refresher course
 A candidate can take the
board examination until he
passes. This is embodied in
section 15 of RA 9173
  Under this law, the upper 40%
rule is no longer in effect.
Concepts:
 Where do you file an appeal
when the Board of Nursing
revokes or suspends your
nursing license?
 File your appeal with the
Professional Regulatory
Commission (PRC) within a
period of 30 days after
suspension or revocation
order has been received. This
is called the reglementary
period.
 The Board of Nursing is under
the Professional Regulatory
Commission.
 The Professional Regulatory
Commission is under the
Office of the President of the
Philippines.
 The highest agency for
appealing of suspended or
revoked nursing license is the
Office of the President of the
Philippines.
Concepts:
 License revocation or
suspension is an
administrative case
 Civil and criminal cases are
appealed in court.
Revocation
 Permanent in nature
 Invalidation of the license
Suspension
 Temporary in character
 For a fixed period
6
Under RA 9173
Revocation of license is limited to
four years
Conditions:
 Reason for revocation must
have been cured.
 Reason for revocation is no
longer existing.
Illegal Dismissal
 Filing of cases of illegal
dismissal is with Department
of Labor and Employment
 Done when there is lack of
due process prior to dismissal
 No lawyer is needed
 If you win the case, there is
back payment of salary and
reinstatement. Reinstatement
may be in the form of paper
reinstatement or payroll
reinstatement.
Nurses and Crimes
Court
 Administration of justice is the
main function of the court
 Agency of the government
where justice is administered.
Plaintiff
 One of the parties in a case
 Also known as the
complainant
Accused
 The other party in a case
 Also known as the respondent
or the defendant
Summons
 Court order signed by the
judge
 Order of the court ordering
accused to answer complaint
 or give a counter-affidavit to  Php50K is the minimum
the affidavit of complaint amount of damage to a life of
a person or a murdered
Subpoena person
 Order of the court  Php30K is the minimum
 Summons a witness to testify amount of damage to a raped
individual
Subpoena Duces Tecum
 Order of the court for a Appeal
document or record to be  A review
presented to the same body.  Elevation of a case to a higher
 Examples of record is the court or tribunal
chart
 A chart is both a scientific and Order of Appeals (from lowest court
a legal document to highest court)
 It contains privilege 1) Municipal or Metropolitan Trial
communication wherein only Court
those in direct care of the 2) Regional Trial Court
patient can have access to. 3) Court of Appeals
 There is a violation to the right 4) Supreme Court
of privacy of a patient if
someone other than the Due Process of Law
members of the health team Article 3 Section 1 of Philippine
reads the chart. Constitution of 1987
Due Process Clause of the
Two instances of exception to rule Constitution
on not to reveal information on  No person shall be deprived
the chart: of his life, liberty, property
 in criminal cases without due process of law
 consent of the patient (without a trial).
 “It hears before it condemns”
Venue  There is notice and hearing
 Place of hearing or trial before conviction
 Trial to be held where case
happened Civil Case
 Man versus man
Jurisdiction  No imprisonment
 Power of the court to hear and  With damages
decide a legal controversy
Criminal Case
Damage  People of the Philippines
 Injury inflicted versus man
 With imprisonment
Damages  With damages
 Amount of money in payment
for injury

7
Concept: Accomplice
 Profession is for Public  Any person who participated
Service in the commission of the
 Money is secondary crime by previous or
simultaneous acts
Battery  Accessory before the fact.
 Touching a patient without his
consent Accessory
 Accessory after the fact
Euthanasia  If you helped the accused to
 Not a crime in the Philippines escape (physically or to
 However, it is assumed that it escape liability)
exists in the Philippines and is  If you benefited from the
tantamount to murder. product or products of the
crime
Instances when one can make an
arrest without a warrant of arrest: Co-principal
1) Escapee  Acts together with the
 Done by citizen’s arrest principal
2) If a person is about to commit
a crime Steps in answering board
3) If a person is committing a questions:
crime 1) Identify what is the crime
4) If a person has just committed being asked
a crime 2) Identify characters in the
crime
Arbitrary Detention 3) When did this person
participate in the crime.
Arbitrary Arrest 4) If person participated during
 Done by the police the crime, he is the principal
5) If person participated before
Illegal Detention the crime, he is the
 Also called false accomplice
imprisonment 6) If the person participated after
 Nurse or owner of the hospital the crime, he is the accessory
prevents patient from moving
out of the hospital due to non- Concept:
payment.  Ultimate Goal of the Nurse in
Nursing Ethics – Preservation
Persons Liable to a Crime or of Health or Life at all Costs!!!
Classification of Criminals
Fields of Nursing Practice
Principal (Benzon)
 Any person who actually or  Institutional or Hospital
directly committed the crime Nursing
 Has the highest penalty

8
 i. Biggest field of nursing
practice
ii. Curative Nursing
 Community / Public Health Important Persons in the History
Nursing of Nursing:
i. Preventive
nursing Elvigia Mendoza
 Private Duty Nursing  First Brigadier General Nurse
i. One to one care in the Armed Forces of the
 School Nursing Philippines
i. Help of students
and faculty Ruth Padilla
 Nursing Education  President of the Philippine
i. Teaching BSN curriculum Nurses Association
 Military Nursing
i. First rank is Second Dr. Juan Cabarrus
Lieutenant  First chairman of the Board of
ii. Qualifications: Nursing in 1953
1. Height for
males is 5feet 4 inches Florence Nightingale
2. Height for  Lady with a Lamp
females if 5 feet 2 inches  Founder of Modern Nursing
3. Must be
single and never Eufemia Octaviano
delivered a baby before  Current chairman of the Board
4. With of Nursing
pleasing personality
5. With a Concept:
rating of 80% in the  Philippine Nursing Association
board examination membership is VOLUNTARY.
 Clinic Nursing  However, in real life, it is
 Company / Industrial COMPULSORY!!!
Nursing
 Independent Nursing Concept:
Practice  Under the Nursing Act of 1991
i. Newest field of RA 7164
nursing practice o Board of Nursing is
composed of one (1)
Concept: chairman and four (4)
Oath taking members
 Last official act before you can o Therefore, five (5)
practice your profession as a people compose the
nurse Board of Nursing
 This is conducted by the
Board of Nursing.

9
  Under the New Nursing Act of
2002 RA 9173
o Board of Nursing is
composed of one (1) Republic Act 1612 – Privilege Tax
chairman and six (6) Law
members  Every professional is required
o Therefore, seven (7) to pay professional tax of
people compose the Php300 per year on or before
Board of Nursing January 31 of each year.
 Nurses are included here
Republic Act 9165 of June 17,  Payable by private sector
2002 – Comprehensive Dangerous professionals
Drugs Act of 2002  Government professionals are
 Has repealed Republic Act exempted
6425 – Dangerous Drugs Act  Pay what you practice even if
of 1972 you hold two or more
professional licenses
Prohibited Drugs  Failure to pay is tantamount to
 Cannot be prescribed by the tax evasion or crime of
physician omission.
 Examples are:
o Amphetamine Concept:
hydrochloride  Income Tax deadline is every
o Cocaine and its April 15
derivatives  Privilege Tax deadline is every
o Marijuana January 31
o Ecstacy
Crime committed by Dulo
 Higher in penalty
Regulated Drugs
 Intentional Felony
 Prescribed by the physician
 Deceit (fraud)
who possesses an S2
 With deliberate intent
Narcotics License in a yellow
form
Crime committed by Culpa
 Lower in penalty
DDB or Dangerous Drugs Board
 Unintentional Felony
of the Philippines
 Due to Fault
 Involved with policy-making
 Negligence – lack of foresight
 In charge of programs and
and of prudence
strategies of government in
 Malpractice – bad or improper
combating illegal and
practice of profession
prohibited drugs.
 Incompetence – lack of
 Implementor is the Philippine
knowledge; lack of skills
Drug Enforcement Agency.
 Reckless Imprudence
This is the enforcer of
 No deliberate intent
policies, programs, strategies
of the DDB of the Philippines

10
 o Self Defense
 Elements of Self
Defense
Somera Case (1928)  Unlawful
 Homicide through reckless aggression
imprudence  Necessity of
 Under the law, students are the means
not included in nursing employed
practice  Lack of
 Penalty imposed on Somera Sufficient
is one (1) year imprisonment provocation of
(reclusion temporal) and the attacker
damages amounting to  If one of the
Php1,000. three elements
is lacking, this
Conspiracy becomes
 An agreement between two or incomplete self
more persons to commit a defense and it
crime becomes a
 All participants in a conspiracy mitigating
are considered as principals circumstance
 The act of one is the act of all o Fulfillment of a lawful
 There is no accomplice and order or duty
no accessory  There is no
criminal liability
Euthanasia for a nurse who
 Mercy killing administers a
 Considered as “dulo” medication,
 Considered as intentional ordered by a
 Patient cannot defend himself doctor, which
 May be considered due to a kills a patient
conspiracy of the health team
2. Exempting Circumstance
Criminal Liability  No criminal liability because
 Means imprisonment and the person who committed the
damages or fines crime is exempted.
 Examples of Exempting
Circumstances that Affect Circumstance
Criminal Liability o Insane or Imbecile
 Insane person
1. Justifying Circumstance lacks
 No criminal liability because intelligence, the
the act itself is justified as ability to
reasonable determine what
 Examples of Justifying is right or what
Circumstances is wrong.

11
  Imbeciles are  Because they
morons, idiots, cannot defend
mongoloid, themselves in
people who court
have
abnormalities in Concept:
development  Nurse administers correct
who also do not medication to the wrong
possess patient. Nurse immediately
intelligence reports incident to immediate
o Person below nine (9) superior. This is tantamount
years old to a voluntary surrender. This
 Lacks becomes a mitigating
intelligence circumstance.
 Parents would
pay damages Concept:
o There is force majeure  If a rape victim agrees to
 Natural calamity marriage with the rapist, this
causes injury erases the crime

Concept: 4. Aggravating Circumstance

Lucid Interval  Increases criminal liability
 Interval between periods of  If an aggravating
insanity circumstance is present, the
 No exemption from crime crime is considered as
 Insane person has normal murder.
state of mind during a lucid  Republic Act 7659 – Death
interval Penalty Law
 Punishes heinous crimes (i.e.
Mastermind of a Crime plunder)
 Is always considered as the  If an aggravating
principal by inducement circumstance is absent, the
crime is considered as a
3. Mitigating Circumstance homicide.
 Decreases criminal liability  Examples of Aggravating
 Because of equity (equality in Circumstances:
the law) and justice o Abuses
 Examples of Mitigating  Cruelty
Circumstances:  Abuse of
o Voluntary surrender superior
o Age of Convict strength
 Below 18 years  Abuse of
old authority
 Above 70 years o Treachery
old o Premeditation
o Blind, deaf, and mute

12
 Crimes a Nurse may Commit:
Parricide
Concept:  Killing of your:
 There are cases wherein o Father
mitigating and aggravating o Mother
circumstances cancel each o Spouse
other o Child (legitimate or
 Some mitigating illegitimate)
circumstances may not be o Ascendant
cancelled (i.e. age) (grandparents)
 Commission of a crime during o Descendant
shipwreck is aggravating
(grandchildren)
 Collateral relatives are not
Alternative Circumstance
included
 Degree of Education
 Killing of a brother or a sister
 Degree of Intoxication (on
is not considered as parricide.
alcohol or on prohibited drugs
It is considered as either
as defined by RA 9165)
homicide or murder.
 Relationship
o In the presence of
Homicide
relationships, cases of  No aggravating or qualifying
theft, malicious circumstance
mischief, estafa and  Without intention
swindling are mostly  Lower penalty
mitigating  Penalty is “reclusion temporal”
circumstances. which is equivalent to eleven
(11) years and one (1) day up
Malicious Mischief to seventeen (17) years
 Intent to destroy personal  Increasing degrees of penalty
property of others. for homicide:
o Presyon Mayor
Concept:
o Reclusion Temporal
 All are aggravating
o Reclusion Perpetua
circumstances:
o Seduction o Capital Penalty or
o Abduction Death
o Rape
Murder
o Acts of Lasciviousness
 With aggravating or qualifying
if done against own family circumstance
member  With intention
 Higher penalty
Concept:  Reclusion Perpetua or Death
 Assisting in a suicide is a penalty
crime

13
Infanticide Defamation
 Killing of a child younger than  Destroying the reputation of a
three (3) days person
 Blackening the memory of a
Abortion dead person
 Termination of pregnancy by  Types of Defamation
fetus, which has reached the o Libel
age of viability  Written form of
 Expulsion of products of defamation
conception before age of o Slander
viability (fetus can now exist  Oral or verbal
independently outside the defamation
womb – 20 weeks)  Rumor-
mongering
Simulation of Birth
 Fake registration of birth (i.e. Concept:
nurse registers abandoned  Trimedia is libel
baby as her own child)
 Switching of babies Assault
 Destruction of the identity of  Attempt or threat to inflict
the child injury
 This is a crime against the
civil status of a person Battery
 Touching a person or patient
Theft without his consent
 Unlawful taking of a personal  Doing a procedure to a patient
property of another without without his consent
consent of the owner and with
an intent to gain Illegal Detention
 Also called false
Types of Property: imprisonment
Personal Property  Prevention of patient from
 Property that can be brought moving from one place to
from one place to another another due to inability to pay
the hospital bills.
Real Property
 Property that cannot be Perjury
brought from one place to  False statement under oath
another
Forgery
Robbery  Fake signature
 Unlawful taking accompanied
by force upon things or use of Euthanasia
a deadly weapon  Mercy Killing
 With intimidation

14
Physical Injury negligence except the thing
 No intent to kill itself
 Only inflicting injury  There is direct responsibility
 May be classified as:  Person who inflicts injury is
o Serious Physical Injury guilty of negligence
o Less serious Physical 2. Respondent Superior or
Injury Respondeat Superior
o Slight Physical Injury  Latin phrase which means
 Has a penalty of “Let the superior answer”
below nine (9)  Command responsibility
days of doctrine
confinement  Captain of the Ship doctrine
 Applies mostly to the doctor
Concept: and the hospital
 Frustrated or attempted
homicide has the intention to 3. Force Majeure
kill  An “Act of God”
 Also called “Viz Major” and
Informed Consent “Fuerza Major”
 Let patient understand  Natural Calamities:
procedure before getting o Tidal Wave / Tsunami
consent and conducting o Typhoon
procedure o Earthquake
o Volcanic Eruption
Concept:
 Allow patient to sign waiver of Concept:
responsibility if he refuses to  In the event of Force Majeure,
undergo procedure to protect nurse is exempt from
the nurse, doctor and the negligence. Therefore, Force
hospital against medical Majeure is an exempting
negligence. circumstance!
 If the event is not Force
Majeure, the nurse is not
Negligence exempt from negligence (i.e.
 Lack of foresight traffic)
 Lack of Prudence
 Nurse did nothing or nurse did
something improper Last Will and Testament

Three Principles in Negligence Will

1. Res Ipsa Loquitur
 Latin phrase which means
“The thing speaks for itself”
 No other evidence is needed
to prove incidence
 An act whereby a person
controls to a certain degree
the transfer of his properties,
which will take effect after his
of death
 It is a document

15
  In cases of emergency,
nurses can prepare this
document
 Write the wishes of the patient
verbatim
 You are disqualified from
inheriting anything if you are a
witness
 Being a witness is voluntary
Decedent
 If a person dies leaving
behind his property, he is
generally called a decedent
Testator
 If a person died with a will, he
is called a testator
Intestate
 If a person died without a will,
he is called intestate
Kinds of Will
Holographic Will
 A will signed by the testator
 Dated by the testator
 Handwritten by the testator
 It is not notarized
 Witnesses are not needed
Concept:
 In the Philippines, lawyers
usually make last will and
testament
Ordinary or Notarial Will
 Will prepared by another
person different from the
testator
 It is notarized
 It needs three (3) witnesses
who must sign the will in the
presence of one another
16
Concept:
 A blind person can make an
ordinary will.
 The will must be read to him
twice by the witnesses or by
the lawyer
Qualifications of the Testator
 He must possess a sound
mind
 He must be 18 years old and
above
 He is not prohibited by the law
Concept:
Nuncupative Will
 Oral or verbal will
 Not applicable in the
Philippines
Joint Will
 Will of two or more persons
 Not applicable in the
Philippines
When the testator dies….
 His will will be brought to the
court to see if it is genuine
 His will will be published at a
newspaper once a week for
three weeks.
Additional Concepts:
 A will is never conditional on
anything and is purely an act
of grace by the testator
 It identifies who the testator is,
his address and his age
 It mentions what testator
wants to do with his body after
death
 It mentions the source of
funds for various things he
wants to be done related to
his death
  It mentions the distribution of New Provisions of RA 9173
his property  Nurses who fail to practice the
 It is signed by the testator nursing profession for the last
 Each page is signed by the five (5) years or more shall:
three witnesses and by the  Attend a didactic training
testator at the left margin. (lecture) for one (1) month
 The three witnesses are listed  Undergo three (3) months of
with their corresponding practicum work in a hospital
addresses accredited by the Board of
 It is signed by the notary Nursing
public
Additional Concepts under RA
Republic Act 9173 – Nursing Law 9173
of October 21, 2002 Salary
 Repealed Republic Act 7164 –  The basic salary of a fresh
Nursing Law of 1991 graduate nurse working in the
 Main author is Dr. Juan government is SALARY
Flavier GRADE 15
 Co-authors are Sen. Manuel
Villar and Sen. Loren Legarda Specialty Program / Courses
 Signed into law by President  Comprehensive specialty
Gloria Macapagal Arroyo programs of the government
are offered for free.
Concepts:  Three areas are:
 Philippine Nurses’ Week is o Renal Nursing
last week of October o Oncology Nursing
 Mrs. Ruth Padilla is the o Critical Care Nursing
current president of the  Source of Funds:
Philippine Nurses’ Association o Philippine Amusement
and Gaming
Differences between RA 9173 and Corporation (PAGCOR)
RA 7164 o Philippine Charity
 There is no need for the Sweepstakes Office
refresher course as per RA (PCSO)
9173. The refresher course is  Ten percent (10%) of nurses
required in RA 7164. in participating hospitals can
 There is no need to belong to avail of these specialty
the upper 40% of your high programs
school graduating class in  These specialty programs can
order to take a BSN course as be completed in two (2) years.
per RA 9173. This is needed  Once a nurse graduates
under RA 7164. under this specialty program,
he cannot leave the
Philippines for a period of two
(2) years.

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Other Benefits of the Nurse under
RA 9173
 Scholarship Grants for Nurses
 Free Hospitalization for
nurses and his dependents
(children below age of
majority – 18 years old)
Concept:
 Nursing application for
immigrant visa is usually
approved within one (1) year
and eight (8) months.
Section 15 of RA 9173 – Rating in
the Board Examination
How to pass the Board Examination
for Nursing:
 Candidate must have a
general weighted average of
75%
 Candidate must have no
grade below 60% in any of the
subjects
Concept:
 If candidate has a general
weighted average of 75% or
higher but has a grade below
60% in one or more of the
subjects, he will retake
subject/s where he had a
grade below 60% in the next
board examination. The
condition is that he must get
75% or higher in this/these
subject/s
Original Subjects up to 1994
 Medical-Surgical Nursing
 Maternal and Child Health
 Psychology and Mental
Health
 Community Health Nursing
and Communicable Diseases
18
 Professional Adjustment and
Fundamentals of Nursing
1995 – Comprehensive and
Integrated Board Examination
Questions were introduced
Current Subjects in the Board
Examination
 Promotive Nursing
 Preventive Nursing
 Curative Nursing A
 Curative Nursing B
 Rehabilitative Nursing
Qualifications of a Candidate for
the Nursing Board Examination
 Good Moral Character
 Filipino Citizenship
(reciprocity is an exception)
 BS Nursing graduate from a
school that complies with
standards of nursing
education recognized by the
proper government entity
Important Concept!
 Basis of Nursing Practice is
the NURSING PROCESS!!!
 This is true in any health care
setting.
Important Concept!
Under RA 9173, nurses can now:
 Do internal examination
 Do suturing
 Do intravenous infusion after
undergoing special training
Board of Nursing
Current composition
 One (1) chairman
 Six (6) members
Qualifications of the Members of five (5) years of which must
the Board of Nursing under RA be in the Philippines.
9173
 1. Must be a natural o Must NOT have been
NATURAL BORN FILIPINO convicted of a crime
CITIZEN (any Filipino citizen that involves MORAL
since birth and who did not do TURPITUDE.
anything to perfect his o Moral Turpitude is an
citizenship) act of vileness. It is
o Under RA 7164, the any crime which is
requirement is that he against justice, honesty
must be a CITIZEN and modesty
AND RESIDENT OF
THE PHILIPPINES The following are DISQUALIFIED
from being members of the Board
Concepts: of Nursing:
Jus Soli  Faculty members
 Place of birth determines o There is conflict of
citizenship of the person interest
Jus Sanguines o Remedy is to resign
 Blood relationship or parental upon appointment
origin determines the  Any person who has a
citizenship of the person pecuniary (money) interest in
 This is applied in the the college of nursing.
Philippines o This refers to owners
and stockholders of
 2. Must be a member in schools of nursing or
GOOD STANDING of the review centers
accredited professional  Public or private employment
association of nursing
(Philippine Nurses’ Current Composition of the Board
Association). of Nursing
o This means he must be
an active member of Chairman of the Board:
the PNA.  Eufemia Octaviano

 3. Must be a registered nurse Members:

and majority of them must be  Anicia Dionisio
holders of a master’s degree  Remedios Fernandez
in nursing (M.A.N.)  Florence Cawaon
o Four (4) members  Letty Kuan
would represent a  Sison (resigned)
majority  Zaldivar (resigned)

 4. Must have ten (10) years of

experience in nursing. Last

19
Term of Office of the Members of Special Powers of the Board of
the Board of Nursing Nursing
 Three (3) years  Quasijudicial Power of the
 Another three (3) years of Board of Nursing
reappointment o Quasi means “just like”
 A maximum of six (6) years o Board of Nursing has
“court-like” powers (i.e.
court’s function is to
Concept: interpret the law)
 The President of the Republic o Board of Nursing
of the Philippines appoints the issues the following:
members of the Board of  Summons
Nursing  Subpoenas
 Subpoena
Grounds for the Removal of any Duces Tecum
Member of the Board of Nursing  Quasilegislative Power of the
 Continued neglect of duty and Board of Nursing
incompetence o Board of Nursing has
 Toleration and involvement in “senate-like” powers
any irregularity in giving of (i.e. senate’s function is
board examination (i.e. law making)
leakage)
 Any unprofessional, Concepts:
dishonorable or immoral  Imposition of penalty of one
conduct (1) to six (6) years
imprisonment and Php50K to
Concepts under Section 8 of RA Php100K for practicing
9173 nursing without a nursing
 Professional Regulatory license is done by ORDINARY
Commission has COURT. The court can issue
administrative supervision a warrant of arrest.
over the Board of Nursing  Board of Nursing has the sole
 General Supervision of the right to inspect schools
PRC and the Board of o Its facilities
Nursing belongs to the Office o Its faculty
of the President
o Ratio of Clinical
Instructor to Students
Powers of the Board of Nursing
must not exceed 1:12
under Section 9 of RA 9173
 Board of Nursing CANNOT
 Conduct licensure
close schools violating laws
examinations
and regulations regarding
 Issue, suspend, revoke, re-
nursing schools. The
issue certificate of registration
COMMISSION ON HIGHER
EDUCATION (CHED) has this
power.

20
  Under the new nursing law Grounds for Revocation or
(RA 9173), the CHED cannot Suspension of Nursing License
exercise this power without under Section 23 of RA 9173
favorable recommendation  Negligence
from the Board of Nursing  Unethical Conduct
 Board of Nursing administers  Incompetence
oath-taking of successful o Lack of skills
board examinees o Lack of knowledge
o Serious ignorance
Important Concepts!
 Facio ut des Qualifications of Nursing Faculty
o Means “I do that you under Section 27 of RA 9173
give”  All faculty members must be
o It refers to service holders of a Master of Arts in
o It is an implied contract Nursing (M.A.N.) degree
or a contract  Must have one (1) year
o It means that experience in the field of
professional nurses are specialization (in contrast to
compensated three years in RA 7164)
 Do ut des  Must be a registered nurse
o Means “I give that you and a member of the
give” Philippine Nurses’ Association
o It entails reciprocity
 Reciprocity is a symbiotic Penal Provisions under Section 35
relationship – a give and take of RA 9173
relationship  Practicing without a nursing
 Reciprocity is an exchange of license
privileges between two  Practicing with expired,
countries revoked, suspended license

Republic Act 5181 Concept!

 Foreigners under reciprocity  Tampering of undergraduate
agreement must stay in the nursing nameplate from BSN
Philippines for three (3) years. to RN is an example of
FRAUDULENT
MISREPRESENTATION
Special Temporary Permit under
RA 9173 is granted to:
 Specialists
o Foreign nurses who
are specialists or
experts who come to
the Philippines
 Nurses who belong to the
medical mission
 Exchange professors

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