JURISPRUDENCE

I. INTRODUCTION
A. DEFINITION OF CRIMINAL LAW

-The branch or division of law which defines crimes, threats of their nature and provides for their punishment.

I. INTRODUCTION
B. Characteristics of Criminal Law

1. General- for all persons in the country 2. Territorial- within the territory only 3. Prospective- act is not punishable unless there s a new law

II. CRIMES

B. Types

1. Misdemeanor (not in amount to felony) (Lesser Crime) 2. Felonies (Heinous Crime)

III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE

A. Requisites of Mens Rhea (Malice or Dolo or Deceit)(Evil Mind)

1.Evil or Criminal Intent 2.Freedom 3.Intelligence

Actus RheusRheusEvil Act

III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE

B. Requisites of Fault (Culpa) 1.Freedom 2.Intelligence 3.Imprudence (Lack of skill), Negligence (lack of foresight)

III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE

C. Elements of Felonies

1.Act/ Omission 2.Punishable by Revised Penal Code 3.By Dolo/Culpa

IV. CLASSES OF FELONIES

A. Based on Degree of Punishment

1.Grave- Reclusion Perpetua 2.Less Grave- Prison Correctional 3.Light Felonies- Arresto Menor

IV. CLASSES OF FELONIES

B. Based on Degree of Execution

1. Consummated- Completed Crime 2. Frustrated- Incomplete Crime 3. Attempted- Plan only

V. CIRCUMSTANCES AFFECTING LIABILITY

A. Justifying- Occurs when the event is considered as legal and not a crime. The event is considered legal when it is done in the protection of his or another person s rights.

V. CIRCUMSTANCES AFFECTING LIABILITY

B. Exempting -elements of Mens Rhea are incomplete. C. Mitigating -A situation that makes the offender less guilty D. Aggravating - A situation that makes the offender guiltier

VI. MEMBERS OF A CRIME:

A.Principal (doer, mastermind) B.Accomplice (Before the crime) C.Accessories (After the crime)

SITUATION:
Nurse Wilma was paid half a million pesos by congressman Zamora to kill a patient in the hospital. The patient was an ambush survivor. Nurse Wilma overdosed the client with depressant drugs that lead to respiratory arrest. He conspires with her best friend, Magda to hide evidences that will lead to litigations. Ana the pharmacist provide her 10 (5mg/ml- 10ml) vials of Diazepam but only to record a single vial. The ambush survivor died after respiratory arrest.

QUESTION:
Who is/are the principal/s? a. Magda b. Congressman Zamora c. Congressman Zamora and Wilma d. Nurse Wilma

QUESTION:
Who is the accomplice? a. Magda b. Ana c. Congressman Zamora d. Wilma

QUESTION:
Who is the accessory? a. Magda b. Ana c. Congressman Zamora d. Wilma

QUESTION: QUESTION:
The circumstance that affects the said situation is: is:

a. Justifying b. Mitigating c. Exempting d. Aggravating

QUESTION: QUESTION:
The gravity of considered as:: as this crime is

a. A misdemeanor b. A less grave felony c. A grave felony d. A light felony

QUESTION: QUESTION:
The act in this situation according to its execution is said to be: be: a. Consummated b. Attempted c. Frustrated d. Reversed

QUESTION: QUESTION:
In any case that Wilma, failed to kill the ambush survivor because the drugs were not potent enough to cause respiratory arrest, the act of the crime according to its execution is considered as:: as

a. Consummated b. Frustrated c. Attempted d. Reversed

QUESTION: QUESTION:
Mr. Mr. Zamora, a congressman and a holder of a public position was sentenced to life imprisonment.. While imprisonment Wilma, was sentenced to 25 years imprisonment.. Nurse Wilma confessed to imprisonment the court about everything.. She everything surrendered herself after the crime was committed and confessed.. confessed If the criminal should confess, the circumstance of the said act is said to be: be:

CHOICES:
a. Justifying b. Mitigating c. Exempting d. Aggravating

QUESTION: QUESTION:
Mr. Zamora was penalized and sentenced to life imprisonment. The circumstance that affected the court decision is said to be: a. Justifying b. Mitigating c. Exempting d. Aggravating

QUESTION: QUESTION: The pharmacist said that night the incident, 3 of Mr. Zamoras body guard is Mr. pointing a gun at her head that is why she gave 10 vials diazepam instead of just giving one. The body confessed that it one. was true. The circumstance in the act true. committed by the pharmacist was said to be: be: a. Justifying b. Mitigating c. Exempting d. Aggravating

VII. Elements of Accident, Irresistible Fear, Uncontrollable Fear, Insuperable Cause

A. Accident- Lawful act, with due care, accident, no fault or intention B. Irresistible Fear- Compulsion by physical force, irresistible, from third person, threat is of an evil greater than that which he is required to commit C. Insuperable Cause- an act is required by law to be done, person fails to perform such act, failure perform such act is due to lawful cause

VIII. Penalties

IX. Extinction of Criminal Liability

Crimes related to Nursing Practice

I. Crimes Against Public interest A. Falsification by Public officer, Employee Notary or Ecclesiastical Minister B. Falsification by Private Individual and Use of Falsified Documents C. False Medical Certificates, False Certificates of Merits or Service, etc.

II. Crimes against Persons A. Parricide, Infanticide, Murder, Homicide

BOARD QUESTION 2011

Euthanasia is the practice of painlessly putting to death a person suffering from incurable disease. It may be active or passive. Which of the following is NOT an example of passive euthanasia?
A. Doctor prescribed drugs with the understanding that the patient plans to use them to overdose fatally B. A patient is not resuscitated when the stopped C. Withdrawal of life-support equipment D. Physician administered a lethal injection to patient heart

B. Assisted Suicide and Euthanasia

1. Assisted Suicide- Any person who shall assist another to commit suicide 2. Euthanasia (Mercy Killing)- is the practice of painlessly putting to death a person suffering from some incurable disease 3. Oregon, Netherlands, Belgium, Switzerlandassisted suicide is legal

BOARD QUESTION 2011 Euthanasia is the practice of painlessly putting to death a person suffering from incurable disease. It may be active or passive. Which of the following is NOT an example of passive euthanasia? A. Doctor prescribed drugs with the understanding that the patient plans to use them to overdose fatally B. A patient is not resuscitated when the stopped C. Withdrawal of life-support equipment D. Physician administered a lethal injection to patient heart

PASSIVE EUTHANASIA
It can also be passive, in cases where a physician doesn t resuscitate a patient whose heart has stopped. Or it can happen when a doctor removes life-support equipment. life-

Source:

Page 216, Fundamentals of Nursing Law, Jurisprudence and Ethics 2008 by Belosillo et., al.

BOARD QUESTION 2011 Euthanasia is the practice of painlessly putting to death a person suffering from incurable disease. It may be active or passive. Which of the following is NOT an example of passive euthanasia? A. Doctor prescribed drugs with the understanding that the patient plans to use them to overdose fatally B. A patient is not resuscitated when the stopped C. Withdrawal of life-support equipment D. Physician administered a lethal injection to patient heart

ASSISTED SUICIDE
For example, a doctor may prescribe drugs with the understanding that the patient plans to use them to overdose fatally
Source:

Page 216, Fundamentals of Nursing Law, Jurisprudence and Ethics 2008 by Belosillo et., al.

BOARD QUESTION 2011 Euthanasia is the practice of painlessly putting to death a person suffering from incurable disease. It may be active or passive. Which of the following is NOT an example of passive euthanasia? A. Doctor prescribed drugs with the understanding that the patient plans to use them to overdose fatally B. A patient is not resuscitated when the stopped C. Withdrawal of life-support equipment D. Physician administered a lethal injection to patient heart

C. Abortion

D. Mutilation

Definition- intentional mutilation of another or depriving him, either totally or partially, or some essential organ of reproduction

E. Injuries
1. Serious Physical Injuries wound, beat, assault another that cause a person to become imbecile, impotent, or blind, lost a body part and become incapacitated for more than 90 days

2. Administering Injurious Substances Any person w/o intent to kill, shall inflict upon any serious, physical injury, by knowingly administering any injurious substance.

E. Injuries

D. Less Serious Physical Injuries -Incapacitation of a person for 10 days or more E. Slight Physical Injuries and Maltreatment -Incapacitation of person from 1 day to 9 days

F. Rape (Elements) 1. Carnal Knowledge- act of a man in having sexual bodily connection with woman. 2. Use of Force or intimidation 3. Victim is less than 12 years of age

III. Crimes against Personal Liberty and Security

A.Kidnapping and Serious Illegal Detention -Depriving a person of his liberty for more than 3 days B. Slight Illegal Detention -Depriving a person of his liberty within3 days

IV. Crimes against Honor A. Libel public and malicious imputation of a crime, or of a vice or defect, real or imaginary tending to dishonor a person committed by writing B. Slander oral defamation

V. Quasi-offenses
A. Imprudence and Negligence Criminal negligence-negligence that is punishable by law Simple negligence or imprudence- person shows lack of precaution but the damage is not immediate

V. Quasi-offenses
A. Imprudence and Negligence

Reckless negligence or imprudenceperson does not act or fails to do an act and the damage is immediate Medical malpractice suit- type of claim which a victim has available to him