ethics p3

Constitution

the highest law of the land.

1987 Constitution

serves as the current framework.

Constitution

defines the powers of

government, the rights of citizens, and the limitations on authority to

prevent abuse.

Legislature

the branch of government that creates laws.

Legislature

It is composed of the Senate and the House of Representatives, collectively known as Congress.

Legislature

these laws guide society, regulate

behaviour, and establish rights and responsibilities.

judiciary

interprets laws and resolves disputes

supreme court

not only decides cases but also issues rulings that become part of the law

judiciary

highest judicial authority

judiciary

these rulings create precedents that must be followed by lower courts, shaping how laws are applied in practice 

administrative branch

exercises authority through the president and various agencies such as the Department of Justice

Administrative branch

they may issue Administrative Orders, Executive Orders, and Proclamations to carry out laws 

Administrative branch

These rules implement legislation and manage government

operations, provided they do not go beyond what the Constitution or

Congress authorises.

contract

• a legally binding agreement, but not all contracts are valid.

• Some are defective and may be annulled or voided.

Voidable or annulable contracts

• are valid at first glance but are defective because one party’s consent was not freely given.

• Consent may be influenced by mistake, intimidation, fraud, undue influence, or incapacity, such as minority.

• These contracts may still be ratified if corrected or annulled if challenged.

Void or inexistent contracts

have no effect from the very beginning,

known as void ab initio.

void ab initio

no effect from the very beginning

Void or inexistent contracts

They are considered as though they never existed.

Void or inexistent contracts

Such contracts

cannot be ratified or validated.

Unenforceable contracts

cannot be enforced in court because they lack

formal requirements.

Unenforceable contracts

This may happen if someone signed without authority,

if the contract was not put into writing as required by the Statute of Frauds,

or if both parties are legally incapacitated.

Rescissible contracts

are valid but may later be cancelled because they

cause economic harm or are made in fraud of creditors.

Rescissible contracts

yhey may also be

rescinded if entered without proper approval. r

Rescissible contracts

For example, selling property far below its value without judicial approval may cause rescission

Legal maxims

are well-established principles or sayings in law, usually

expressed in Latin, that embody general truths.

Legal maxims

They are not laws by

themselves but are widely accepted by courts and legal systems as guiding

rules.

Ignorantia juris non excusat

“ignorance of the law excuses no one.”

.

Ignorantia juris non excusat (ignorance of the law excuses no one)

Once a law has

been properly enacted and published, all members of society are presumed

to know it. A person cannot avoid liability by claiming they did not know the

law

Dura lex sed lex

“the law may be harsh, but it is still the law.”

Dura lex sed lex (the law may be harsh, but it is still the law)

it highlights the importance of following the law even when its consequences

may seem strict or severe.

Dura lex sed lex (the law may be harsh, but it is still the law)

This principle reinforces discipline, predictability, and order in society.

Nullum crimen, nulla poena sine lege

“there is no crime, and no punishment, without a law.”

Nullum crimen, nulla poena sine lege (there is no crime, and no punishment, without a law)

A person cannot be punished for an act unless it has been specifically

defined as a crime by law at the time it was committed.

Nullum crimen, nulla poena sine lege (there is no crime, and no punishment, without a law)

For example, if a

new law criminalizes a medical practice starting in 2025, a healthcare

worker cannot be punished for performing that act in 2024 before the law

took effect.

Nullum crimen, nulla poena sine lege (there is no crime, and no punishment, without a law)

This maxim protects people from arbitrary punishment and

ensures justice is based on written and established law.

incompetence

the lack of ability, legal

qualification, or fitness to discharge a required duty.

• legal incapacity

• professional incompetence

two context of incompetence

legal incapacity,

when minors or persons with mental

illness cannot enter into binding contracts;

professional incompetence,

where a professional lacks the necessary license, skill, or knowledge to

perform their role safely.

autonomy

the ability to make informed decisions about their own body and health.

individual rights

These rights protect their autonomy—the ability to make informed decisions about their own body

and health.

culturally competent

being aware of and sensitive to cultural differences while avoiding discrimination.

Macroallocation

• This level refers to the large-scale, national decisions made by governments and policymakers.

• Governments must decide how much of the national budget is allocated to healthcare compared to other sectors such as education, infrastructure, or defence.

Mesoallocation

• This is the institutional level of decision-making, where individual hospitals, clinics, or health systems distribute their own budgets

• Administrators must decide which departments or services to prioritise.

Microallocation

This level happens at the bedside, in real time, when healthcare providers

must decide which individual patient receives a scarce resource.

Microallocation

these are the most emotionally and ethically difficult decisions because they involve prioritising one life over another

• macroallocation

• mesoallocation

• microallocation

levels of allocation:

Suicide

the deliberate ending of one’s own life.

Active suicide

involves direct action such as overdose

Passive suicide

involves refusal of life-sustaining treatment (for

example, dialysis or ventilator support).

Euthanasia ,

refers to intentionally ending life to relieve suffering.

Passive euthanasia

such as withholding CPR, may sometimes be

legally permitted if consistent with patient wishes.

Active euthanasia

such as lethal injection, is generally illegal and

considered homicide in most countries.

Physician-assisted suicide (PAS)

where a doctor provides the means, but the patient performs the final act. This is allowed only in certain jurisdictions under strict conditions (for example, Oregon, the Netherlands, Canada)

Advance directives

allow patients to formally record their wishes in

advance.

living will

which states what treatments a patient does or does not

want if they become terminally ill.

durable power of attorney for healthcare

which designates a trusted person to make medical decisions if the patient cannot.

Do Not Resuscitate (DNR) orders

which instruct healthcare providers not to attempt CPR if the heart stops.

tort

a wrongful act committed by one person against another that

causes harm, injury, or damage.

• intentional tort

• unintentional tort

2 types of torts:

intentional tort

These are deliberate acts intended to cause harm, or committed with

knowledge that harm is likely to result.

Battery

Any harmful or offensive physical contact made without

consent.

Assault

The threat of harm that causes fear of immediate injury.

False Imprisonment

Unlawful restriction of a person’s freedom of

movement without legal authority.

Defamation

Making false statements that harm another’s

reputation. This includes libel (written) and slander (spoken).

Invasion of Privacy

Disclosing patient information without permission, such as posting medical images on social media without consent

Unintentional Torts

These involve harm caused by carelessness rather than intent.

Negligence .

The failure to use reasonable care that a prudent

person would in similar circumstances.

Malpractice

A special type of negligence committed by a

professional who fails to meet the accepted standard of care

Defamation

a legal concept that refers to the act of harming another

person’s reputation by making false statements.

reputation

is one of the

most valuable assets a person can have, especially for professionals such

as doctors, nurses, or radiologic technologists, whose credibility directly

affects patient trust and career opportunities

• libel 

• slander

two primary forms of defamation

Libel

• written or published defamation.

• It occurs when false and harmful statements are made in permanent form, such as newspapers, online articles, emails, social media posts, or even official documents.

Slander

• spoken defamation.

• It occurs when harmful statements are made verbally, in public or private.

torts

civil wrong

crimes

• are offenses against the State and are punished under criminal law.

• The punishment may include imprisonment, fines, probation, or other penalties, depending on the severity of the act.

• attempted

• frustrated

• consummated

3 general stage of crime

Attempted Crime

• the offender begins to perform the act of crime,  showing a clear intent to commit it, but fails to complete it for reasons beyond their control.

• Key Point: The crime is not completed because of some interruption or external circumstance, not because the offender voluntarily changed their mind.

frustrated crime

• occurs when the offender has performed all the acts necessary to commit the offense, but the intended result does not occur because of causes independent of the offender’s will.

• the act is complete, but the result fails to materialize.

frustrated crime

what kind of crime: A person stabs another intending to kill. The weapon penetrates vital organs, and the act would normally cause death, but the victim survives because of immediate medical attention.

attempted crime

wat kind of crime:

A healthcare worker tries to administer a harmful overdose to a patient, but

another nurse notices and stops them in time. The crime of murder is

attempted because the intent and overt act were present, but completion

was prevented by intervention.

consummated crime

when all its elements are present, and the

intended result is achieved. At this stage, the crime has been fully carried

out according to the law’s definition.

consummated crime

what kind of crime: A healthcare worker deliberately administers a fatal overdose to a patient, resulting in death. All the elements of the crime—criminal intent, action, and harmful results are present. This is a consummated crime because the wrongful act and its consequences are both complete.

• negligence

• slander or defamation

example of crimes that are punishable only when consummated:

• afflictive penalties

• correctional penalties

2 types of penalty

afflictive penalty

These are the severe punishments imposed for grave offenses. They are

usually given for serious crimes such as murder, treason, and other major

felonies.

afflictive penalty

These penalties are designed to punish offenders of the gravest crimes

and to protect society by removing them from the community for long

periods.

● Reclusion perpetua

– Imprisonment for 20 years and 1 day to 40

years, with accessory penalties such as loss of civil rights.

.

● Reclusion temporal

– Imprisonment for 12 years and 1 day to 20

years.

● Prision mayor

– Imprisonment for 6 years and 1 day to 12 years.

● Perpetual or temporary absolute disqualification

– Loss of public

office, disqualification from exercising a profession, and loss of the

right to vote

Correctional Penalties

These penalties are less severe than afflictive penalties and are given for

less serious offenses.

● Prision correccional

– Imprisonment for 6 months and 1 day to 6

years.

● Arresto mayor

– Imprisonment for 1 month and 1 day to 6 months.

● Suspension

– Temporary disqualification from holding public office or

practicing a profession.

● Destierro

– Banishment from a specific place or prohibition from

entering within a certain radius.

Correctional penalties

often applied to crimes that are serious but not

grave, such as certain forms of theft, fraud, or physical injuries

Light Penalties

These are the least severe punishments, applied to minor offenses. They

may involve short-term detention or public reprimands.

● Arresto menor

– Detention from 1 day to 30 days.

● Public censure

– A formal public reprimand or condemnation by the

court.