COMMON JURISPRUDENCE ISSUES IN NURSING PRACTICE

AND EDUCATION IN THE PHILIPPINES

Objective:
At the end of this presentation students should become familiar with the basic legal
aspects of professional Nursing Practice.

Functions of Law in Nursing:

 It provides a framework for which nursing actions in the care of clients are
legal
 Protects clients’ rights
 It helps to make boundaries of independent nursing action
 It assists in maintaining a standard of nursing practice by making nurses
accountable under the law

How to Protect Yourself

1. Know your State Laws affecting nursing practice
2. Follow your State’s Nurse Practice Act Rules and Regulations
3. Deliver Safe, Competent Nursing Care
4. Develop & Use your critical thinking abilities and skills.

Definition of Terms:
Jurisprudence is defined as the study of law, including its development and
interpretation. It's also known as the philosophy of law or the science of law.
It involves:
a. Examining the definition of law
b. Studying the relationship between law and other fields of study
c. Analyzing, explaining, and criticizing law
d. Comparing law with other fields of knowledge
e. Revealing the historical, moral, and cultural basis of a legal concept
f. Creating a body of law and methods for interpreting the law
g. Predicting the effects of legal decisions
Importance of Jurisprudence:
 It helps develop society,
 It makes legal concepts more manageable and rational,
 It helps lawyers and judges interpret laws correctly, and
 It sharpens legal knowledge.

You can find Philippine Jurisprudence in The Law Phil Project which has a
collection of Philippine jurisprudence, including Supreme Court decisions, statutes,
and executive and judicial issuances
LAW is a rule of conduct, just, obligatory, promulgated by the
competent authority for the common good of a people or nation,
which constitutes an obligatory rule of conduct for all its members.
[Sanchez Roman]

SOURCES OF LAW
1. Philippine 1987 Constitution
2. Statutes
3. Treaties
4. Judicial Decisions
5. Other sources (Administrative rules and regulations issued by
government agencies; Customs that are generally accepted and
not contrary to law; International law)
- RA 9173 Philippine Nursing Act
- Board Resolution No. 220 Series of 2004. Promulgation of
Code of Ethics for Registered Nurses
- RA 10912. Continuing Professional Development Act of 2016
(5 CPD units per year)
- Institutional Rules and Regulations
- RA 7877. Anti-Sexual Harassment Act of 1995.
- RA 11313 Safety Spaces Act

Public Law governs the relationship between individuals and the government,
including areas like constitutional, criminal, and administrative law. Public law
deals with matters affecting the public interest. [Constitution, RPC & Special
Laws, Administrative Law, Tax Law, Election Law]
Private Law regulates interactions between individuals, encompassing areas like
contract law, property law, and family law. Private law focuses on disputes private
between citizens. [Contract, Tort {2176}, Property, Family, Commercial law]

Jurisprudence and Legal Liabilities in Nursing

A liability is a penalty of sanction suffered by a nurse if found guilty of violation
of any of the existing laws in the Philippines and their implementing rules and
regulation.
Kinds of Liabilities
1. Administrative Liability
2. Civil Liability
3. Criminal Liability

I. ADMINISTRATIVE LIABILITY
Administrative liability is a legal consequence for a public officer or
employee who violates the law or regulations. It can also refer to
 negative response from state’s authorized bodies to an administrative
offense.
- Is a violation of any administrative or regulatory law in the
Philippines.
(R.A. 9173 Philippine Nursing Act; Code of Ethics for Registered
Nurses [BON Resolution No. 220 Series of 2004]; Institutional Rules
and Regulations)

- Administrative liability pertains to violation/s the legal consequence

of which results to employment sanctions (warning, suspension,
dismissal) or to our licenses. It is purely personal to the respondent
nurse, wherein a Complaint or Administrative Investigation shall be
conducted and evidences shall be required and the case shall be
decided based on substantial evidence.

- Substantial evidence is more than mere scintilla. It means such

relevant evidence as a reasonable mind might accept as adequate to
support a conclusion. [GR No. 172532, 172544-45, November 20,
2013. Primo Miro vs. Marilyn Mendoza]

II. CIVIL LIABILITY

It is the legal consequence of an action of a nurse where he/she is
obligated to pay damages or follow court orders in a civil lawsuit. It’s a
way to enforce or protect a right, or to prevent or fix a wrong.
(Damages, Injunctions, etc.)

Standard of Proof. Preponderance of evidence. It is a type of evidentiary

standard used in a burden of proof of analysis, Under the preponderance
standard, the burden of proof is met when the party with the burden
convinces the fact finder that there is a greater than 50% chance that the
claim is true.

Restitution; Reparation; Indemnification.

Vicarious liability, or imputed liability, is indirect liability for the actions

of a another person, such as a subordinate or child. An employer can be
held liable for the unlawful action of an employee. This action might be
harassment or discrimination in the workplace.

III. CRIMINAL LIABILILITY

Criminal liability shall be incurred: 1. By any person committing a felony
(delito) although the wrongful act done be different from that which he
intended; 2. By any person performing an act which would be an offense
against persons or property, were it not for the inherent impossibility of
its accomplishment or an account of the employment of inadequate or
ineffectual means. [Art. 4 RPC]
 Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa). There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful acts results from
imprudence, negligence, lack of foresight, or lack of skill.

Every person criminally liable for a felony is also civilly liable. [Art. 100
RPC] {Exception. The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article
11 of this Code does not include exemption from civil liability… Art.
101 RPC}

RA 9173 "Philippine Nursing Act of 2002."

Declaration of Policy.

It is hereby declared the policy of the State to assume responsibility for the protection and
improvement of the nursing profession by instituting measures that will result in relevant nursing
education, humane working conditions, better career prospects and a dignified existence for our
nurses.

The State hereby guarantees the delivery of quality basic health services through an adequate
nursing personnel system throughout the country.

Board of Nursing
1 President
6 Members
In each vacancy the A.P.O. shall nominate 3 recommendees, thereafter the PRC
shall choose 2 from the said recommendees, and the President shall chose and
appoint.

Qualifications: [Sec. 4]
(a) Be a natural born citizen and resident of the Philippines;
(b) Be a member of good standing of the accredited professional organization of nurses;
(c) Be a registered nurse and holder of a master's degree in nursing, education or other
allied medical profession conferred by a college or university duly recognized by the
Government: Provided, That the majority of the members of the Board shall be holders
of a master's degree in nursing: Provided, further, That the Chairperson shall be a
holder of a master's degree in nursing;
(d) Have at least ten (10) years of continuous practice of the profession prior to
appointment: Provided, however, That the last five (5) years of which shall be in the
Philippines; and
(e) Not have been convicted of any offense involving moral turpitude; Provided, That
the membership to the Board shall represent the three (3) areas of nursing, namely:
nursing education, nursing service and community health nursing.
(f) No conflict of interest.

[Any person appointed as Chairperson or Member of the Board shall immediately resign
from any teaching position in any school, college, university or institution offering
Bachelor of Science in Nursing and/or review program for the local nursing board
examinations or in any office or employment in the government or any subdivision,
agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries as well as these employed in the private sector.
He/she shall not have any pecuniary interest in or administrative supervision over any
institution offering Bachelor of Science in Nursing including review classes.]

Term of Office: three (3) years, with re-appointment.

Salary/Compensation
The Chairperson and Members of the Board shall receive compensation and
allowances comparable to the compensation and allowances received by the
Chairperson and members of other professional regulatory boards.
Salary Grade 28: https://www.dbm.gov.ph/wp-content/uploads/2012/03/JC-No.-
2009-1.pdf

Salary Grade 28 = 148, 171 – 165, 859. [2023 DBM]

https://www.dbm.gov.ph/wp-content/uploads/Staffing/STAFFING2023/Table-II-
Staffing-Summary.pdf

POWERS AND DUTIES OF BON

The Board shall supervise and regulate the practice of the nursing profession and
shall have the following powers, duties and functions:
(a) Conduct the licensure examination for nurses;
(b) Issue, suspend or revoke certificates of registration for the practice of nursing;
(c) Monitor and enforce quality standards of nursing practice in the Philippines
and exercise the powers necessary to ensure the maintenance of efficient, ethical
and technical, moral and professional standards in the practice of nursing taking
into account the health needs of the nation;
(d) Ensure quality nursing education by examining the prescribed facilities of
universities or colleges of nursing or departments of nursing education and those
seeking permission to open nursing courses to ensure that standards of nursing
education are properly complied with and maintained at all times. The authority to
open and close colleges of nursing and/or nursing education programs shall be
vested on the Commission on Higher Education upon the written recommendation
of the Board;
(e) Conduct hearings and investigations to resolve complaints against nurse
practitioners for unethical and unprofessional conduct and violations of this Act, or
its rules and regulations and in connection therewith, issue subpoena ad
testificandum and subpoena duces tecum to secure the appearance of
respondents and witnesses and the production of documents and punish with
contempt persons obstructing, impeding and/or otherwise interfering with the
conduct of such proceedings, upon application with the court;
(f) Promulgate a Code of Ethics in coordination and consultation with the
accredited professional organization of nurses within one (1) year from the
effectivity of this Act;
(g) Recognize nursing specialty organizations in coordination with the accredited
professional organization; and
(h) Prescribe, adopt, issue, and promulgate guidelines, regulations, measures
and decisions as may be necessary for the improvements of the nursing practice,
advancement of the profession and for the proper and full enforcement of this Act
subject to the review and approval by the Commission.