nursing jurisprudence part 1

Criminal Law

is a branch of Public Law that deals

with:

 Crimes

 definition of the crimes

 penalty for the commission of the crimes

 as well as the elements of the crimes

Public Law

Considered as a _________ because:

o It deals with relationship of nurses with the

public or the clients/ community she serves

o

e.g. in abortion, you are not only violating

yourself but also the public or The People of

the Philippines, the State is the off ended

party

o anything that violates a Criminal/Public Law,

it is the State that prosecutes the crime



If sued the Complainant or plaintiff-

people of the Philippines (people at

large as offended party)

 Violation of criminal law = public or

community is the offended party

public or

community is the offended party

Violation of criminal law =

Private Law or Civil Law

private

individual (as offended party)

Criminal Law

can be derived from the Revised

Penal Code (ACT 3815) and Special Criminal or

Penal Law

2 sources of criminal law

Revised penal law (Act 3815)

Special penal law

Basic Penal Law

Spanish Kodigo Penal from

the revised penal code where mostly all crimes are punished (like murder, homicide, parricide, infanticide)

Special Penal Laws

(punishes special crimes) =

Nursing Law which punishes fraudulent

misrepresentation:

o LOIS FAURA

Nursing Law R.A. 9173

is a special Penal Law

RA 9173-

bible of nursing practice

RA 9165-

Dangerous drug act of 2002

RA 9262 –

Violence against women and children

Generality

 applies to everyone, no one is exempted

even an alien or foreigner in PH

 All laws are applied to everyone or there is

no law at all



regardless of your status in life, no one is

exempted except children, minors, insane,

with dementia, mentally retarded)

Territoriality

 Criminal law has venue and jurisdiction in

place committed

 Must be committed to PH archipelago or PH

soil, or extension of the PH territory (like

embassy, consulate, labor attaché)

 Act committed a on board PH plane, or on-

board PH ship

 if outside PH territory or not in mentioned

above = law has no extended application

and not applied

Prospectivity-

(Lex Prospicit Non-Respicit

means the Law applies forward and not

backward)

 Can’t be applied on past acts before a law

has been enacted.

 No crime if there is no law that punishes that

crime (Principle of nullum crimen)

Exception when the law may look backward:

 If in a death row and favorable to you= law

may be applied backwards

 However, even if favorable to you and you

are a habitual offender= law will apply

forward and not backward

civil laww

annulment of marriage

criminal law

bigamy

Doctrine of Pro-Reo

o

criminal law should always be in favor of the

accused (innocent until proven guilty)

o favorable to the accused (one is always

assumed to be innocent unless proven guilty)

o can be applied to negligence or malpractice

o

Retroactive application -

done if it is

favorable to the accused (e.g. death penalty

to life sentence)

Res Ipsa Loquitor-

let the thing speak for itself;

burden not anymore with plaintiff or complainant but

with defendant of accused

Common Law

is not recognized in the Philippines

 Civil law and criminal law instead

 Do not subscribe to customs and traditional

practices but to statutory provision



due process of laws and case laws rather

than common laws and traditional practices

Civil law and criminal law

recognized in the Philippines

Follows common law

Anglo-American Jurisdiction (US and UK)