Notes 11.0 Atty. Garcia

• Nursing Laws include Act 2808 (1919), R.A. 877 (June 19, 1953), R.A. 4704 (June 18, 1966), and R.A. 6136 (August 31, 1970).
• Act 2808 (1919) is the first true nursing law, creating a board of examiners for nurses and was the first board examination in the Philippines given in 1920.
• R.A. 877 (June 19, 1953) inhibits the practice of nursing unless exempt from registration, and includes grounds for revocation and suspension of certificates.
• Voidable contracts are those entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof.
• Agreements are entered into in representation of absentees if the latter suffer the lesion stated in the preceding number.
• Contracts are undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them.
• Those which refer to things under litigation are voidable if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority.
• All other contracts specially declared by law to be subject to rescission are voidable.
• A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death.
• R.A. 4704 (June 18, 1966) increases the number of members on the Board of Examiners from 3 to 5, appointed by the president with the consent of the Commission on Appointments, and raises the academic qualifications for Deans from a Baccalaureate Degree to a Master’s Degree in Nursing.
• The minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the "Compensation and Classification Act of 1989", which ranges from P29,010- P31,545.
• Penal provisions for practicing nursing without a certificate of registration/professional license and professional identification card or special temporary permit include a fine of not less P50,000.00 nor more than P100,000.00 or imprisonment of not less than 1 year nor more than 6 years, or both.
• Legal responsibilities of nurses include consent forms.
• An informed consent is a free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable to give consent (legal age, free from duress or coercion, sound mind).
• In Dr. Li vs. Soliman, 2011, the court stated that informed consent is a general principle of law that a physician has a duty to disclose what a reasonably prudent physician in the medical community in the exercise of reasonable care would disclose to his patient as to whatever grave risks of injury might be incurred from a proposed course of treatment, so that a patient, exercising ordinary care for his own welfare, and faced with a choice of undergoing the proposed treatment, or alternative treatment, or none at all, may intelligently exercise his judgment by reasonably balancing the probab
• R.A. 6136 (August 31, 1970) amends R.A. 877, expanding the nursing scope to the application and execution of physician’s orders on treatments and medication, including the application of hypodermic and intramuscular injections, provided that injections may be administered under the direction and in the presence of a physician, and a previous order in writing of a physician is not necessary if the application and execution of such order is made in the presence of said physician.
• The Philippine Nursing Act of 1991 (R.A. 7164) defines the scope of nursing practice, indicating the use of nursing process, including teaching, management, leadership, and decision-making roles, and nursing research.
• The facts or circumstances accompanying an injury may be such as to raise a presumption, or at least permit an inference of negligence on the part of the defendant, or some other person who is charged with negligence.
• Essential requisites must first be satisfied, to wit: (1) the accident was of a kind that does not ordinarily occur unless someone is negligent; (2) the instrumentality or agency that caused the injury was under the exclusive control of the person charged; and (3) the injury suffered must not have been due to any voluntary action or contribution of the person injured.
• Proximate cause is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
• The defendant may claim that the plaintiff’s own negligence contributed to his injury.
• This defense however will merely mitigate the award of damages.
• Article 248 of the Revised Penal Code punishes murder with reclusion temporal in its maximum period to death.
• Murder is committed with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
• Article 249 of the Revised Penal Code punishes homicide with reclusion temporal.
• Article 253 of the Revised Penal Code punishes giving assistance to suicide with prision mayor.
• Article 255 of the Revised Penal Code punishes infanticide with the penalty provided for parricide in Article 246 and for murder in Article 248.
• Article 256 of the Revised Penal Code punishes intentional abortion with reclusion temporal if the perpetrator uses violence upon the person of the pregnant woman, and with prision mayor if he acts without the consent of the woman.
• PD 1636 requires compulsory membership to SSS and GSIS.
• R.A 6675 is the Generics Act of 1988.
• R.A 7160 is the Local Government Code.
• R.A 7600 is the Rooming-in and Breastfeeding Act.
• R.A 9994 is the Expanded Senior Citizen’s Act of 2010 (amended RA 7432, RA 9257).
• R.A 10932 is the Anti Hospital Deposit Law in emergency cases, stating that a deposit is not required to administer basic emergency care.
• R.A 7305 is the Magna Carta of Public Health Workers.
• R.A 10354 is the Responsible Parenthood and Reproductive Health Act of 2012, which states that healthcare service providers must not restrict or intentionally provide incorrect information regarding programs and services of reproductive health, and must not refuse to perform reproductive health procedures on any person of legal age on the ground of lack of spousal consent or parental consent.
• Republic Act 11223, the Universal Health Care Act, states that every Filipino citizen shall be automatically included into the NHIP, no co-payment shall be charged for services rendered in basic or ward accommodation, and direct and indirect contributors shall be covered.
• Republic Act 9262, the Anti Violence Against Women and Her Children Act, states that physical violence, sexual violence, psychological violence, economic abuse, and battered woman syndrome do not incur criminal or civil liability.
• Republic Act 11332, the Law on Reporting Communicable Diseases, states that prohibited acts include non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern, and non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern.
• Republic Act 10173 Data Privacy Act defines Sensitive personal information as personal information about an individual's health, education, genetic or sexual life, and proceedings for offenses committed or alleged to have been committed by such person.