nursing jurisprudence part 2

CRIME:

 Any wrongful acts committed against the public and

punishable by law

o

Always against the public

o

Offended party = republic of the

Philippines

Criminal case

against the State or People

of the Philippines

 Offended party = public

 people of the PH vs Juan De la Cruz

for rape

Civil case

against a private people (wife

and husband, seller and vendor, employer

and employee)

 Juan De la Cruz vs Juan De la Cruz

for annulment

Felonies

Revised Penal Code

 Acts committed on under Act 3815

(revised penal code)

 Examples: murder, rape, infanticide,

parricide, homicide

Offenses

Special Penal Laws

 Against RA 9173 - Fraudulent

misrepresentation

 RA 9262 – drug cases

 child abuse

MALA IN SE

Nature of Act

 Considered to be inherently wrong

 10 Commandments violation

MALA PROHIBITA

Punished by law

 An act inhibited by Law

 If no law punishes an act, then it is

not considered a crime

 Anti-jaywalking, anti-littering

ordinance, violation of sanitation

code

INTENTIONAL

= Dolo/malice/intent; has

higher penalty compared to culpable

felonies

CULPABLE (FAULT)

= Negligence,

Reckless Imprudence, Lack of skill or

foresight

3 ESSENTIAL ELEMENTS OF A FELONY:

1. Act or Commission

2.Punishable by RPC, Special Laws

3.Dolo/Culpa (Intent Fault)

 Dolo- intent, malice

 Culpa- fault

Dolo

- intent, malice

Culpa

- fault

REQUISITES OF DOLO/MALICE OR INTENT:

1. Freedom- free from coercion

2. Intelligence- should not be mentally retarded or

insanity

3. Intent- be mentally retarded or insanity

Example: nurse intentionally killed the patient by

injecting lethal dose

1. Freedom-

free from coercion

2. Intelligence-

should not be mentally retarded or

insanity

3. Intent-

be mentally retarded or insanity

Example: nurse intentionally killed the patient by

injecting lethal dose

REQUISITES OF FAULT/CULPA:

1. Freedom

2. Intelligence

3. Imprudence or Negligence- lack of skill or

foresight

Example: Nurse unintentionally, no malice or intention

but due to negligence that failed to calculate the dosage

or wrong medication or wrong patient.

3. Imprudence or Negligence

- lack of skill or

foresight

Example: Nurse unintentionally, no malice or intention

but due to negligence that failed to calculate the dosage

or wrong medication or wrong patient.

FELONIES ACCORDING TO STAGES OF

EXECUTION

According to Stage of Execution:

Felonies may be:

1. CONSUMMATED= all elements

present/purpose was accomplished

 Want to kill px and px died

2.

FRUSTRATED= all executory acts present but

failed to accomplish purpose

 want to kill px but px survived

3. ATTEMPTED= not all acts of execution were

present

 Want to kill px and about to inject

medication but suddenly folks or doctors

arrived

1. CONSUMMATED=

all elements

present/purpose was accomplished

 Want to kill px and px died

2.FRUSTRATED=

all executory acts present but

failed to accomplish purpose

 want to kill px but px survived

3. ATTEMPTED=

not all acts of execution were

present

 Want to kill px and about to inject

medication but suddenly folks or doctors

arrived

Consummated crimes or felonies:

1. All elements execution present

2.All elements accomplishment are present;

Frustrated Felonies:

1. All acts execution present

2. Felony not accomplished

3. By reason of cause

4.Independent of will of perpetrator - no

spontaneous desistance (Spontaneous

desistance of the actor in the attempted stage of

the crime unless the overt act committed already

constitutes a crime other than that which is

intended by him.)

Independent will-

If you stopped doing

the act

CONSUMMATED MURDER

want to kill px so you injected lethal

dose then the px died

Frustrated Felonies

want to kill px so injected a

medication but px survived because of doctor’s

and toxicologist’s intervention

attempted

However, if you want to kill px but you stopped

and u intervened = independent will

Attempted Felonies:

1. Commenced overt acts

2.

Did not perform all acts of execution

3. Due to some cause or accident

4. Other than offender spontaneous desistance

Sample Scenario:

(e.g. a nurse is intending to kill a patient and about to

insert the needle, then a doctor/folk suddenly arrives)

not attempted felony

(no felony)

If you intended to stopped because your

conscience bothers you =