LAW AND ITS CLASSIFICATION LAW a rule of civil conduct prescribed by the supreme power in a state, commanding what

is right and prohibiting what is wrong. set of rules established by a governing power to guide actions, regulate conduct of the people & impose sanctions for violation or non-compliance thereof. from latin word LEX Ignorantia legis non excusat = latin word meaning Ignorance of the law excuses no one

LAWS accdg. To the SOURCE OF AUTHORITY:

1. DIVINE LAW - promulgated by our CREATOR

1.1 Natural Law an integral part of nature because it is immutable & inherent in the nature of man or every element or part of the universe Ex. Ten Commandments 2. HUMAN LAW authored by man. 2.1 Positive Law percept made and imposed by someone in authority. A. PUBLIC LAW - branch or dept. of law which is concerned w/ the state in its political capacity.

1. Criminal law - branch of jurisprudence which teaches of the nature, extent & degrees of every crime and adjusts to its adequate and necessary penalty. 2. Civil Service law branch of law which deals with the civil service in all branches, subdivisions, instrumentalities, and agencies of the government. 3. Labor law branch of law that governs and regulates the relationship of employers & employees. (labor legislation)

4. Political law branch of jurisprudence which treats of the science of politics or the organization of government. 4.1 Constitutional law law which treats of constitutions, their establishments, construction & interpretation & of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.

4.2 Administrative law fixes the organization and determines the competence of the authorities w/c execute the law and indicates to the individual the remedies for the violation of his rights. 4.3 Case law body of prevailing jurisprudence; decisions of the supreme court interpreting the laws/constitution or applying them to certain sets of facts or actual cases and controversies.

5. International law - the law of nations; regulates the intercourse of nations 5.1 Public International law 5.2 Private International law B. INDIVIDUAL/PRIVATE LAW - indicate a statute which relates to private matters that do not concern the public at large. 1. Civil law - has the double purpose of organizing the family and regulating properties; law that deals with relations between individuals.

2. Commercial/Mercantile law - relates to the rights of property and the relations of persons engaged in commerce. 3. Remedial/Procedural law - prescribes method of enforcing rights or of obtaining redress for their invasion.

COMMON EXTRAORDINARY REMEDIES ARE THE FOLLOWING WRITS: ( Rule of action/mandatory) 1. Certiorari a writ of review, issued by a superior court to an inferior court for review of trial before verdict. 2. Prohibition a writ issued by a superior court to an inferior court to prevent the latter from exceeding its jurisdiction. 3. Mandamus a command of a court, public officer, corporation or person, requiring it to him to do some particular thing which pertains to its or his office or duty.

4. Quo warranto

the government begins its action to recover an office or franchise from the person or corporation in possession of it. TERMS TO REMEMBER : Process compelling the defendant in an action to appear in court Defendant the person or party defending in an action or suit Plaintiff the party to a civil suit who brings the seeking damages or other legal relief; Complainant

Damage loss, injury or deterioration caused to ones person or property by the negligence,design or accident of another. Damages compensation in money recoverable for a loss or damage, or for a wrong or injury. PROCESS MOST COMMONLY SERVED: A. WARRANT - a writing which is a judicial order authorizing arrest, search or any other designated act, in aid of the administration of justice. B. SEARCH WARRANT a warrant directing an officer to search a house or other specified time and date, to answer a complaint made against him .

C. SUBPOENA an order directed to a person requiring his attendance at a particular time and place to testify as a witness. D. SUBPOENA DUCES TECUM Does not only compel the personal attendance of a witness in court but also requires such witness to bring with him & produce to the court, the required books, papers, and the like which maybe in his hands or possession

BRANCHES OF LAW DIRECTLY APPLICABLE TO NURSES 1. Constitutional law 5. Administrative law 2. Criminal law 6. Civil Service law 3. Civil law 7. Case law 4. Labor law

DEFINITION OF TERMS : JURISPRUDENCE the philosophy of law or science which treats of the principles of positive law and legal relations JURIS- oral legal tradition and to functional applications of law PRUDENCE - one who behaves prudently or wisely NURSING JURISPRUDENCE = Comprises of all laws, rules, doctrines, and principles, legal opinions and decisions of competent authority regarding governance and regulation of the practice of nursing

NURSING LEGISLATION = the act or process of making laws affecting the science, art and practice of nursing. PROFESSIONAL ETHICS = deals with the moral and ethical behavior of nurses in the practice of nursing profession. MEDICAL ETHICS =concerned with or perceived as the supreme or dominant moral principles in the health care system.

NURSING ETHICS
y ETHICS > came from the greek word

ethos which means moral duty > a standard to examine and understand moral life. The ethical systems that guide human conduct: 1. Ethical theories 2. Principles 3. Codes of conduct

BIO-ETHICS = a specific domain of ethics that focuses on moral issues in the field of health care RIGHT = in a civil society, that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law. LEGAL RIGHT = that right to which the state gives its sanction COURT = body in the government to which the public administration of justice is judicially administered

COURT OF LAW = any duly constituted tribunal administering the laws of the state or nation COURT OF EQUITY = administers justice and decides controversies with the rules, principles and precedents of equity. COMPETENT COURT = a court having lawful jurisdiction JURISDICTION = the authority to hear and decide a legal controversy

License to Practice Nursing

LICENSE is a legal document given by the government that permits a person to offer to the public his/her skills and knowledge in particular jurisdiction, where such practice would otherwise be unlawful without a license. REGISTRATION is the recording of names of persons who have qualified under the law to practice their respective professions.

PURPOSE OF REGISTRATION Primary purpose of registration is to protect the health of the people by establishing minimum standards which qualified practitioners must meet. REGISTRATION REQUIREMENT Under the Philippine Nursing Act of 2002, RA 9173, Sec.12 & 20 state that license to practice nursing shall be issued to those who pass the licensure exam or by reciprocity.

RECIPROCITY means mutuality in the grant and enjoyment of privileges between persons and nations. Based on the principle do ut des which means that for a country to expect a favor from another, it should be willing to give a corresponding favor. Read specific provisions (p.12 Venzon)

Practice through Special/Temporary Permit shall be issued by the Board and approved by the Commission. That, it shall be effective only for the duration of the project, medical mission, or employment contract. Read RA 9173 Sec. 21, (p.12 Venzon)

INFORMATION FROM THE REGISTRATION BOOK: 1. Full name of registrant 2. Number and date of registration 3. Age, sex and place of birth 4. Place of business 5. Post office address 6. Name of school, college or university from which he/she graduated or studied 7. Date of graduation or term of study 8. All other degrees granted to him/her from other institutions of learning.

Registration by Examination Certification of registration and professional identification card to practice nursing shall pass a written examination given by the Board. Such examination must be in accordance with RA # 8981.

Qualifications for Admission to the Licensure Examination 1. Citizen of the Philippines 2. Is of good moral Character 3. BSN from a university/college duly recognized by the proper government agency.

REQUIREMENTS FOR EXAMINATION 1. Original TOR with Special Order and date of graduation from CHED 2. Summary of RLE and Rotation Plan signed by duly authorized professionals 3. Cases (OR, DR, Cord Dressing) duly signed by authorized professional 4. A. Birth cert. (NSO)

B. Marriage cert. (for married) C. Allien cert. of Naturalization D. Clearance showing dismissal of case from the Court or Prosecutors office, if any. Note : Filing at the PRC should be 10 days prior to the first day of the examination.

CITIZENSHIP REQUIREMENTS: Those who are citizen of the Philippines @ the time of the adoption of this constitution Those who elect Philippine citizenship pursuant to provisions of the constitution of 1935. A female citizen of the Philippines who marries an alien shall retain her citizenship unless by her act or omission deemed under the law , renounced her citizenship

y Citizenship may be lost or re-acquired in

the manner provided for the law. JUS SANGUINIS DOCTRINE The nationality of a person is determine by the law of his descent or parentage; the child follows the citizenship of his father.  A natural born citizen from birth

JUS SOLI DOCTRINE y The nationality of the person is determined by the law of the place of his birth. A child born in a foreign country whatever the citizenship of the father, is a citizen of that country. NATURALIZATION  Is the act of adopting a foreigner and giving him the privileges of a native citizen

SCOPE OF EXAMINATION 5 BOARD AREAS OF NURSING 1. Fundamentals of Nursing 2. Maternal and Child Nursing 3. Community Health Nursing 4. Nursing of Adolescents, Adults and Aged 5. Mental Health and Psychiatric Nursing

Which includes Anatomy and Physiology. Pharmacology and Therapeutics, Microbiology and Diet Theraphy. The examination shall be divided into 4 parts: 1. Promotive 3. Curative 2. Preventive 4. Rehabilitative

RATING OF THE NLE (Nursing Licensure Examination) A general average of 75% with a rating of not below 60% in any subject. RENEWAL EXAMINATION (RETAKE) >shall be taken within two years after the last failed exam.

RECONSIDERATION OF RATING >request should be filed with the Commission ninety (90) days from the date of the official release of the result. Grounds : 1. Mechanical 2. Clerical 3. Clear errors 4. Malfeasance in the rating of papers

OATH TAKING Mass oath taking is within fifteen (15) days upon the release of the results of the licensure examination. ANNUAL REGISTRATION/RENEWAL Every practicing professional shall pay a fee to the Professional Regulation Commission for three (3) years on the professionals birth month.

Revocation/suspension of license of registration

y DUE PROCESS OF LAW

-Is defined as a Law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial -is a fair and orderly process which aims to protect and enforce a persons right.

FUNDAMENTAL REQUIREMENTS OF DUE PROCESS (Read the constitutional rights of the accused p.22 23 Venzon)

y COURT MECHANISM: y LAWSUIT- proceeding in court for a purpose. y Purpose:

1. to enforce a right 2. to redress a wrong y Civil case- Complainant/ defendant y Criminal case- Plaintiff/ accused

y STATUTE OF LIMITATIONS- the length of time following the event during which the plaintiff may file a suit. y Example: negligence- filed within 23 years from occurrence.

y TRIAL- facts are presented and determined; law applied at the end. y SUMMONS- is a writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him.

y SUBPOENA- is an order that requires a

person to attend at a specific time and place to testify as a witness. y SUBPOENA DUCES TECUM- is a subpoena that requires a witness to bring documents/ papers in his possession. y WITNESS- person giving necessary details

y Nurses as witness: y Could not divulge PRIVILEGED

COMMUNICATION in a civil case- means that the nurse is incompetent to testify on the communications made to him by the patients, all the device given and all the information gathered by observation during the seal of secrecy. y Exceptions: y 1. criminal case 2. with the patient s consent 3. patient sued doctor for damages

y Testimonies of Facts- factual information y no opinion unless an expert witness y PERJURY- is the willful telling of a lie under oath.

y HEARSAY EVIDENCE- rumors, not admissible in evidence y DYING DECLARATION- considered hearsay unless the dying person is a victim of a crime.