CLUSTER 4: ETHICS

RADIOLOGIC TECHNOLOGY CODE OF ETHICS ✓ Incumbent Chairman of the Board

• May 28, 1993 SECTION 9: Duties & Functions of the Board
• Atty. Oscar Romero ▪ Subpoena duces tecum – witness to bring documents
▪ Author of Radtech Creed ▪ Subpoena Ad testificandum – ordinary documents
SECTION 10: Compensation of the Board
RT ACT OF 1992/REPUBLIC ACT 7431 (RA 7431) ▪ Same compensation/salary
• An act of regulatory the practice of Radtech in the SECTION 11: Removal of the Board
Philippines, creating the board of RT, defining its powers ▪ Only the president can remove a board member
& functions & for other purposes ▪ Neglect of duty, incompetence/unprofessional
• February 27, 1992/April 22, 1992 SECTION 12: Supervision of the Board & Custody
▪ No record shall be removed, altered/examined
SECTIONS OF RA 7431 SECTION 13: Rules and Regulation
SECTION 1: Title ▪ Subject to the approval of the commission
▪ Radiologic Technology Act of 1992 ▪ 1 month after publication
SECTION 2: Statement of Policy SECTION 14: Annual Report
▪ Upgrade the practice of Radtech ▪ Activities during the year
SECTION 3: Definition of Terms SECTION 15: Requirement for the Practice of RT & XT
a. X- ray Technology ▪ Certification of Registration from the Board
▪ x-rays in the diagnosis of disease and injuries SECTION 16: Exemption from Examination in XT
b. Radiologic Technology ▪ 1st member of the board of Radtech
▪ radiation in the diagnosis and treatment ▪ Passed civil service examination for x-ray technicians
c. X-ray Technologist SECTION 17: Exemption from Examination in RT
▪ Bona fide holder of certificate of registration ▪ 1st member of the board of Radtech
d. Radiologic Technologist ▪ Other countries invited for lectures
▪ Bona fide holder of certificate of registration consultation/visiting/exchange professor
e. Radiology ▪ Passed the proficiency examination for MRT
▪ Use of radiation in the diagnosis, treatment ▪ Passed civil service examination for x-ray technicians
f. Radiologist with 10 years continuous practice of Radtech
▪ Specializes in the diagnosis and treatment SECTION 18: Examination Requirements
g. Medical Physicist ▪ Once a year
▪ Specializes in the application of the principles SECTION 19: Qualification for the Examination
h. Board ▪ Filipino citizen
▪ Board of Radiologic Technology ▪ Good moral character
i. Commission ▪ Has not been convicted of a crime involving moral
▪ PRC created under presidential decree number 223 turpitude
SECTION 4: Practice of X-ray Technology ▪ Holder of baccalaureate degree in RT
▪ Any and all acts by which renders, furnishes, SECTION 20: Scope of Examination in XT
contracts (X-ray) SECTION 21: Scope of Examination in RT
▪ Violation when you change your RXT to RRT SECTION 22: Report of Ratings
SECTION 5: Practice of Radiologic Technology ▪ 120 days – date of completion
▪ Any and all acts by which renders, furnishes, ▪ 75% passing rate with no rating below 60%
contracts (Radtech) SECTION 23: Oath Taking
▪ A violation when you put RRT in your name even ▪ Professional oath
though you are still underboard SECTION 24: Issuance of Certificate of Registration
SECTION 6: Creation of the Board of Radiologic Technology ▪ Full name of the registrant
▪ 4 members and 1 chairman ▪ Serial number
▪ Appointed by the President ▪ Signature of the commissioner
SECTION 7: Qualification of Board Members ▪ Date of issuance
▪ Be a citizen and resident of Philippines ▪ Official seal of the board
▪ Be of good moral character SECTION 25: Fees
▪ Be at least 30 years of age SECTION 26: Penal Provisions
▪ Is neither a member of the faculty/academe ▪ Punished of fine
SECTION 8: Term of Office ✓ not less than Php 10,000 not more than Php
▪ Chairman – 3 years 40,000
▪ 2 Members – 2 years ▪ Imprisonment
▪ Other 2 members – 1 year ✓ not less than 1 year not more than 6 years
▪ Wilhelmina Gana SECTION 27: Appropriations
▪ Amount necessary for compensation

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SECTION 28: Repealing Clause RESOLUTION #2

SECTION 29: (Missing) • May 12, 1993
▪ RRT NA AKO SA 2022!!! • Registration as RT of 3 members of the Board
SECTION 30: Effectivity Clause
▪ February 27, 1992/April 22, 1992 RESOLUTION #3
• May 12, 1993
PRESIDENTIAL DECREE 223 (PD 223) • Reschedule of XT & RT Licensure Examinations from
▪ Creates professionals by the PRC • December 1993 to June 26 & 27 1993 (First Exam)

Office of the board of PRC RESOLUTION #4

examinees • May 28, 1993
RA No. 546 June 12, 1973
• Promulgation of the Code of Professional Ethics for XT &
June 17, 1950 President Approved:
RT
Ferdinand Marcos

PERSONS TO REMEMBER: RIGHT

▪ A claim to particular privilege
Corazon Aquino President Approved:
RA 7431
Ramon Mitra Speaker of the house RESPONSIBILITY
Neptali Gonzales Senate President ▪ An obligation to answer for an act done
Camilo L. Sabio Secretary General of House ▪ An obligation on the person to perform some act for
of Representative which he becomes accountable
Analecto D. Badoy JR. Secretary of the senate
Hermogenes Pobre Commissioner: Chairman RIGHTS AND RESPONSIBILITIES OF RADIOLOGIC
when R.A. 7431 signed into TECHNOLOGISTS
law 1. To promote health
Norberto Palomo Father of Radtech Education 2. To prevent illness
Gilberto Palomique First President of PART 3. To restore health
4. To alleviate suffering
FIRST BOARD OF RADIOLOGIC TECHNOLOGY
Fortunato C. Gabon (001) 1st Chairman; Radtech RIGHT OF PATIENTS
Dexter Rodelas (002) Radtech 1. Radiologic/X-ray technologists are responsible to those
Editha C. Mora (003) Radtech people that require nursing care
Jose T. Gaffud Radiologist 2. Promotes an environment in which the values, customs
Eulinia M. Valdezio Medical Physicist and spiritual beliefs of the individual are respected
3. Needs confidence, personal information and uses
2ND CHAIRMAN judgment in sharing this information
Nicomendez Gopez 2nd Chairman
LEGAL MATTERS RELEVANT TO RADIOLOGIC
NEW BORT
TECHNOLOGISTS
Wilhemina Gana 3rd Chairman; Radtech
CONTRACT
Reynaldo Apolonia Tisado Radtech
▪ An agreement mutually arrived by two or more
Bayani San Juan Radtech
Orestes Monzon Radiologist individuals to do a particular thing in exchange for some
Jessete Canates Medical Physicist consideration
▪ Meeting of minds between two or more parties
CURRENT PRESIDENT OF PART ▪ Must have employers and employee’s relationship
Reynaldo Banares Current president of PART
TYPES OF CONTRACTS
COMPUTERIZED LICENSURE EXAMINATION 1. FORMAL CONTRACT
• December 27, 1993 ▪ Those which cannot be perfected w/o compliance
with the special formalities required by the law such
RESULTS as donations & mortgages of real property
• April 9, 1994
2. INFORMAL CONTRACT
RESOLUTION #1 ▪ Result of written document or correspondence which
• May 12, 1993 the law does not require special formalities
• Adaptation of seal/logo for board of RT

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 CLUSTER 4: ETHICS

3. EXPRESS CONTRACT 3. UNENFORCEABLE CONTRACT

▪ Those contract where the consent of the parties is • Those which cannot be enforced in the court because
given expressly in writing or verbally of the existence of the following reasons:
✓ They were entered into the behalf of another w/o
4. IMPLIED CONTRACT authority or in excess of authority
▪ Those contracts where the consent of the parties is ✓ There’s non-compliance with the statue of fraud
not given expressly but is deducible from the conduct ✓ Both contracting parties are incapacitated
or acts of the parties such as an implied agency 4. RESCISSIBLE CONTRACT
• Those validity entered into by the contracting parties, but
REQUISITES OF CONTRACT for having caused economic damage or lesion to one party
• Two or more person must participate or to a third party or for having been entered into a fraud
• Consent – freely given of creditors or w/o knowledge & approval of the judicial
• Object or subject matter must be specified authority.
• Cause of obligation is established
✓ In every obligation, there is always a LAW
corresponding right • Rule of conduct pronounced by a controlling authority
• Contracting parties must have the legal capacity in which may be enforced
entering a contract • A rule of civil conduct prescribed by the supreme power
✓ Below 18 y/o, immediate relative will sign the in a state commanding what is right & prohibiting what is
contract Parties must be in sound mind wrong
• They must not in any way be forced in contract
• Parties involved must consent to the contract SOURCE OF THE LAW
1. CONSTITUTION
BREACH OF CONTRACT • Presidential decree
• Where a contract exists and either party violating it terms • Republic Act
• Prevention of performance 2. LEGISLATURE
• Failure to perform because of inconvenience of difficulty • Congress
• Abandonment of duty 3. JUDICIARY
• The failure, without legal cause to perform any promise • Department of Justice
which forms the whole part or parts of a contract • Supreme court
• Court of Appeals
LUCID INTERVAL • Responsible for reconciling controversies and
• The person is in sound mind conflicts
• During lucid interval, the consent given is valid 4. ADMINISTRATIVE
• Parang baliw like makakausap mo siya ng normal/okay • Executive power of president
pero in a short period of time
LEGAL ASPECT
CLASSIFICATIONS OF DEFECTIVE CONTRACT 1. CIVIL LAW (Private Law)
1. VOIDABLE/ANNULLABLE CONTRACT • Evidence is needed
• Those where the contract of the party is defective • Crime against the state
either because of incapacity to give consent or where • Regulates the relationship among people
the consent is vitiated by mistake, violence, • Must pay for the damages
intimidation, undue influence, or fraud • Preponderance of evidence
2. CRIMINAL LAW (Public Law)
2. VOID/INEXISTENCE CONTRACT • Beyond reasonable doubt
• Void abinitio • Crime against the person
• Those which produce no legal effect for they do not • We need to be watchful
exist in the eyes of the law • Law in which the government is directly involved
• Not subjected to ratification • Regulate the relationship between individual and
• It is valid until there is a judicial declaration government
• Always in favor of the accuse
• Civilly liable
✓ Should pay for damages
3. ADMINISTRATIVE LAW
• Ground for revocation of license
• Made by the executive law of government

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TERMINOLOGIES MALA INSE

OBLIGATION ▪ Act is wrongful from the very beginning
▪ Act of binding oneself to do something
MALA PROHIBITA
JURISPRUDENCE ▪ There is a law that prohibits the act
▪ Philosophy of science of law
CONSTITUTIONAL LAW LEGAL RIGHT
▪ State the principle and provisions for establishment ▪ A claim which can be enforced by legal means
of specific law against a person whose duty is to respect it

LEGISLATURE DUE PROCESS

▪ Responsible for enacting laws ▪ A fair & orderly process which aims to protect &
▪ Congress body enforce a person’s right

STATUTORY LAW TRIAL

▪ Law enacted by this body ▪ Facts are presented & determined

COMMON LAW SUMMONS

▪ Body of law and accumulated decision ▪ A writ commanding an authorized person to notify a
party to appear in court to answer a complaint made
GOOD SAMARITAN LAW against him
▪ Law that holds physician and radiologic technologist
harmless when rendering aid to a person in SUBPOENA
emergency situation ▪ An order that requires a person to attend at a specific
time & place to testify as a witness
NARCOTIC LAW
▪ Law with its primary purpose to control and suppress SUBPOENA DUCES TECUM
the illegal use and distribution of narcotics ▪ A subpoena that requires witness to bring
documents/papers in his possession
WILL
▪ A legal declaration of a person’s intention upon death HEARSAY EVIDENCE
▪ Rumors not admissible as evidence
TESTATOR
▪ One who makes the will PERJURY
▪ The willful telling of a lie under oath
LAWSUIT
▪ Legal action in a control of law DYING DECLARATION
▪ Proceeding in court for a purpose ▪ Considered hearsay unless the dying person is a
✓ To enforce right victim of a crime
✓ To redress wrong
HOLOGRAPHIC WILL
LIGITATION ▪ A will which is written, dated, and signed by the hand
▪ Process of the lawsuit of the testator himself

PLANTIFF CAUSE
▪ Person or government bringing a lawsuit against ▪ A ground of legal action
another
CONSENT
DEFENDANT ▪ Approval, permission, or agreement
▪ Person being accused of a tort or crime
CONSIDERATION
EUTHANASIA ▪ The price, motive, or matter of inducement of a
▪ Mercy killing contract
▪ Act of painlessly putting to death of person who is ▪ Refers to a fee, salary, or reward
suffering from incurable or dispersing disease
▪ Criminal charge of homicide ABORTION
▪ The expulsion of the product of conception before the
fetus is viable

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TORTS AND CRIME MALPRACTICE

TORTS ▪ Act of negligence/acting beyond the radiologic
▪ A wrong committed by a person against another technology standards
person by his property ▪ Implies the ideas of improper or unskilled care of a
▪ A legal wrong, committed against a person or patient by a radiologic technologist
property independent of a contract which render the ▪ Denotes a stopping beyond one’s authority with
person who commits it liable for damages in a civil serious consequences
action ▪ A form of negligent in which any professional
▪ Private or civil wrong/injury, including action for bad misconduct
faith, breach of contract, for which the court will ▪ Unreasonable lack of professional skill
provide remedy in the form of an action for damages
▪ The failure to comply a duty INCOMPETENCE
▪ The failure to perform a duty that leads to harm of ▪ Lack of ability
another person ▪ This is ground for revocation/suspension of the
certificate of registration
INTENTIONAL TORTS
ASSAULT CRIMES
▪ Imminent threat of harmful/offensive bodily contact ▪ An offense against persons or property against the
▪ Intimidation of the patient/threatening the patient public
▪ A threat or an attempt to make bodily contact with
another person without person’s consent 1. LARCENCY
▪ Involves taking the property of another for his
BATTERY permanent use
▪ An immediate unconsented touching of another
person/patient 2. ABORTION
▪ An assault that is carried out ▪ Illegal destruction and bringing forth prematurely of
the human fetus before natural time of birth
FALSE IMPRISONMENT/ILLEGAL DETENTION (Private)
▪ Unjustifiable detention of a person w/o legal warrant STAGES OF CRIMES
within the boundaries fixed by the defendant by an 1. CONSUMATED
act/violation of duty intended to result in such ▪ All elements executed w/ successful result
confinement
▪ ARBITRARY DETENTION (Public) 2. FRUSTRATED
▪ All elements executed w/o successful result
DEFAMATION
▪ Character assassination, be in written (libel) or 3. ATTEMPTED
spoken (slander) ▪ Not all elements executed, no successful result
▪ Dishonor to the character
DEGREE OF CRIMES
INVASION OF PRIVACY 1. GRAVE
▪ The right to privacy ▪ Capital punishment or penalty of above 6 years and
▪ The right to be left alone one day or fine of more than 6 thousand pesos
▪ The right to be unwarranted ted and exposure to 2. LESS GRAVE
public view ▪ Penalty of 1 month and 1 day to 6years or fine of not
▪ To live one’s life without having anyone’s name, more than 6 thousand pesos but not less than 200
picture or private affairs made public against one is pesos
will 3. LIGHT
▪ A wrong that involves the right of person to be let ▪ Penalty of 1 day to 30 days or fine more than 200
alone pesos

UNINTENTIONAL TORTS CRIME AGAINST HONOR

PROFESSIONAL NEGLIGENCE DEFAMATION
▪ Commission/omission of an act, pursuant to duty that ▪ Character assassination, be in written (libel) or
a reasonably prudent in the same or similar spoken (slander)
circumstance would or would not do & acting on the ▪ Dishonor to the character
non-acting of which is proximate cause of injury to ▪ Injury to the honor and reputation of another
another person or his property

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SLANDER
▪ Untruthful oral statement about a person that subjects 2nd DEGREE MURDER
him to ridicule ▪ Killing another person without previous deliberation
▪ oral defamation
▪ Wrong defamation LEGAL ASPECT AND THE RADIOLOGIC
TECHNOLOGIST
LIBEL NEGLIGENCE
▪ Untruthful written statement about a person that 3. Failure of a professional person to act at all times within
subjects him to ridicule accepted standards of a profession
▪ There must be 2nd person to hear or read the 4. Refers to the commission or omission of an act pursuant
comment to a duty, that reasonably prudent person in the same or
▪ written/printed defamation similar circumstances would or would not do and acting
or non-acting is the proximate cause of the injury to
SLANDER BY DEED another person or to his property
▪ an act which causes dishonor to another
FELONY/ FELONIES
FRAUD ▪ A crime punishable by imprisonment in a state
▪ Will and purposeful misconduct that could or has ▪ Acts or omissions punishable by law and they may be
caused loss or harm to person or property committed not only by means of deceit but also by
▪ False presentation of some fact and the intention that fault
it will be acted upon by another person

CONSPIRACY
▪ A joint agreement of two or more persons DECEIT
▪ The act of one is the act of all ▪ The fraudulent withholding or misrepresenting of
facts whereby a person is misled to his injury
PERSONS INVOLVED IN A CONSPIRACY
1. PRINCIPALS DECEDENT
▪ Chief actor/mastermind ▪ A person whose property is transmitted through
▪ Those persons who actually do or perform the act succession, whether or not he left a will
▪ One who is actually present and aids in the
commission of an act DUE PROCESS OF LAW
▪ Direct participation, induction & indispensable ▪ A fair and orderly legal proceeding which observe
fundamental rules and designed for the protection and
2. ACCESSORIES enforcement of individual rights and liberties
▪ Those persons who assist or participate in the
commission of a crime UNDUE INFLUENCE
▪ May assist or encourage the principal offender with ▪ Influence used directly to procure the will, and which
the intent to have the crime committed amounts to a coercion destroying the free action of
the testator
3. ACCOMPLICES
▪ Those persons who do not take a direct part in the CRIMINAL INTENT
execution of the act, induce, or cooperate through ▪ The intention to commit a crime
another act essential to the consumption of the crime
▪ One who is guilty of complicity in crime, either by CONSIDERATION
being present/abetting in it ▪ One element of a contract to make a promise, a
▪ Absent in place when it was committed binding and to make an agreement which creates an
▪ Example: lookout obligations
▪ An agreement upon a sufficient consideration, to do
CRIMINAL ACTS or not to do a particular thing
MISDEMEANOR
▪ Crime with a lesser offense DOCTRINE OF FORCE MAJEURE
▪ Punishable with fines and imprisonment or both for ▪ Act of God
less than a year ▪ An irresistible force, one that is unforeseen or
inevitable
1st DEGREE MURDER ▪ Under Civil Code of the Philippines, no person shall
▪ Illegally killing another person with motive be responsible for those events which could not be

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foreseen or for which, though foreseen, were 3. PROSTITUTION

inevitable, except in cases expressly specific by law ▪ A crime committed by a woman to engage a sexual
▪ Examples: flood, earthquake, fire & accident intercourse for pay

DOCTRINE OF RESPONDENT SUPERIOR CIRCUMSTANCES WHICH AFFECT CRIMINAL

▪ Let the master answer LIABLITIES
▪ Master-servant rule JUSTIFYING
▪ Let the master answer for the acts of the subordinate ▪ Under which the law justifies a person from criminal
▪ The liability is expanded to include the liability from liability for the commission of a crime
the employee to the master
▪ In many circumstances all employer is responsible EXEMPTING
for the actions of employees performed within the ▪ Circumstances under which the law exempt a person
course of their employment from criminal liability for the commission of a crime

DOCTRINE OF RES IPSA LOQUITUR MITIGATING

▪ The thing speaks for itself ▪ Those which do not constitute a justification or
▪ The defendant is presumed to be negligent where the excuse of the offense in question, but which, in
instrumentality causing another’s injury was in the fairness and mercy, may be considered as extenuating
defendant’s control and where the accident was one or reducing the degree or normal culpability
which ordinarily does not happen in the absence of
someone’s negligence AGGRAVATING
▪ Those attending the commission of a crime which
IGNORANTIA JURIS NON EXCUSAT/IGNORANCIA increase the criminal liability of the offender or make
LEGIS NON his guilt more severe
▪ Ignorance of the law excuses no one
ALTERNATING
DURA LEX SED LEX ▪ May increase or decrease criminal liability depending
▪ The law may be harsh, but it is still the law in the nature and effects of the crime
▪ Relationship
LEGAL MAXIM
▪ Nullum crimen, nulla poena sine lege CRIMES AGAINST PERSONS
▪ No crime if there is no law punishing it MURDER
▪ The unlawful killing of a human being with intent to
INCOMPETENCE kill
▪ The lack of ability, legal qualification, or fitness to
discharge the required duty HOMICIDE
▪ The killing of a human being to another
CRIMES AGAINST PERSONAL LIBERY AND ▪ Crime by a person who kills another person other
SECURITY than his father, mother, or child
1. KIDNAPPING
▪ Forcible abduction of another PARRICIDE
▪ killing a parent
2. ILLEGAL DETENTION
▪ Detaining a person without a warrant PATRICIDE
▪ killing a father
3. TRESPASSING
▪ Entering another personal house or property without MATRICIDE
a warrant ▪ killing a mother

CRIMES AGAINST PUBLIC MORALS INFANTICIDE

1. ILLEGAL GAMBLING ▪ Killing of a child less than 3 days of age
▪ Playing for money
CRIMES AGAINST PROPERTY
2. INDECENT EXPOSURE ROBBERY
▪ Intentional exposure of one’s private parts in public ▪ Unlawful taking of another person’s property

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ARSON KINDS OF FELONIES ACCORDING TO THE DEGREE

▪ Intentional burning of another person’s house AND ATTAINMENT OF OBJECTIVES
ATTEMPTED FELONY
SABOTAGE ▪ The offender commences to do the criminal and the
▪ Intentional damage to the property of the employer criminal objective was not achieved
by the employee
FRUSTRATED FELONY
CRIMES AGAINST CHASTITY ▪ The offender has performed all the acts necessary for
RAPE the commission of the crime, but the criminal
▪ Forcible sexual intercourse with a woman without her objective was not achieved
consent
CONSUMMATED FELONY
ADULTERY ▪ The offender has performed all the acts necessary for
▪ Sexual intercourse of a married woman with a man the commission of the crime and the criminal
other than her husband objective was achieved

CONCUBINAGE PENALTIES FOR CRIMES

▪ Cohabitation of a married man with a woman other ARRESTO MENOR
than his wife ▪ Imprisonment from 1 day to 30 days

CRIMES CONNECTED WITH PUBLIC OFFICE ARRESTO MAYOR

1. GRAFT ▪ Imprisonment for 1 month and 1 day to 6 months
▪ Dishonest transaction in public office
PRISION CORRECTIONAL
2. BRIBERY ▪ Imprisonment from 6 months and 1 day to 6 years
▪ Receiving money or gifts in connection with the
performance of official duties PRISION MAYOR
▪ Imprisonment from 6 years and 1 day to 10 years
3. CORRUPTION
▪ Giving money or gifts in connection with the RECLUSION TEMPORAL
performance of his duties ▪ Imprisonment for 12 years and 1 day to 20 years

CLASSIFICATION OF FELONIES ACCORDING TO RECLUSION PERPETUA

MEANS BY WHICH THEY ARE COMMITTED ▪ 20 to 40 years
INTENTIONAL FELONIES
▪ Deceit (Dolo/Malice) DEATH PENALTY

CULPABLE FELONIES ARTICLE 4: REVISED PENAL CODE

▪ Fault (Culpa) CRIMINAL LIABILITY
▪ Negligence 1. By any person committing felony although the
wrongful act done be different from that which he
REQUISITES OF DOLO & CULPA intended
DOLO ✓ Doctrine: “El que es causa de la causa es causa
▪ Freedom del mal causado”
▪ Intelligence ✓ “He who is the cause of the cause is the cause of
▪ Intent the evil cause”

CULPA 2. By any person performing an act which would be an

▪ Freedom offense against persons or property, where it is not
▪ Intelligence for the inherent impossibility of its accomplishment
▪ Imprudent, negligence or lack of foresight or skill or on account of the employment of inadequate or
ineffectual means

ROBBERY – there is forceful entry

THEFT – no forcible entry
ETHICS – system of moral rules and principles
AUTONOMY – right to make one’s decision

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