Law
(CHAPTER 10) BOOK-BASED
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CHARCATERISTICS OF LAW
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It is a rule of conduct or action which
determines what can be done and what
cannot be done.
Law is obligatory
It is promulgated by legitimate authority.
It is of common observance and benefits.
Law is promulgated to regulate the conduct
of man and maintain harmony in society.
JURISPRUDENCE
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The science of law.
It embraces all the laws enacted by the
legislative body of the state, all rules and
regulations promulgated by those in
authority, court decisions and formal
principles upon which laws are based.
THE PRACTICE OF MIDWIFERY IS
REGULATED BY THE FOLLOWING:
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The Midwifery Law
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The Constitution of the Republic of the
Philippines
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Rules and Regulations promulgated by the
BOM and PRC
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Decisions of the BOM and PRC which has a
bearing on the practice of midwifery
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Decisions of the SC on cases relevant to
midwifery practice.
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The Revised Penal Code
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The New Civil Code of the Phil.
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The revised Riles of Court.
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The National Internal Revenue Code.
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Other laws which affects the practice of
midwifery
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The Labor Code
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Amendments of previous relevant to
midwifery practice.
CLASSIFICATION OF LAW
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Natural laws – derive their authority and
force from god.
Physical law-universal rules of action that
govern the conduct and movement of
material things
Moral laws-set of rules that establish what
is right and what is wrong as dictated by
human conscience and inspired by eternal
law.
Positive law- promulgated expressly and
directly
Divine Providence-promulgated expressly
and directly by god himself. They are known
to man through revelation.
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Divine Human Positive Law – promulgated
by god’s representativeness on earth under
his divine
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Human Positive Law – promulgated by
man
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Public Law-govern the relationship
between the state and its citizens (and also
between among states). classified as
o Constitutional Law, Criminal Law,
Administrative law, Law and Public
Officers, Election Law, International Law
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Private laws – govern the relationship
between members of the society among the
citizens of the state. They are further
classified into:
o Civil Law, Commercial Law, Remedial
Law
SOURCES OF LAWS
1.
Constitution – the constitution of the RP is
the fundamental and supreme law of the
land or the highest law to which all the other
laws must conform.
Purposes of the Constitution:
1. To prescribe the permanent framework of a
system of government.
2. To assign to the several departments their
respective powers and duties.
3. To establish certain first fixed principles on
which government is founded.
The 1987 Constitution consist of the following
parts:
PREAMBLE
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Article I: National Territory
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Article II: Declaration of the Principles and
State Policies
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Article III: Bill Of Rights
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Article IV: Citizenship
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Article V: Suffrage
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Article VI: The Legislative Department:
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Article Vii: The Executive Department
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Article Viii: The Judicial Dept
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Article Ix: Constitutional Dept
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Article X: Local Govt.
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Article Xi: Accountability of the Public
Officers
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Article Xii: National Economy and Patrimony
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Article Xiii: Social Justice and Human Rights
PROFESSIONAL GROWTH AND DEVELOPMENT |
Law
(CHAPTER 10) BOOK-BASED
2.
3.
4.
5.
6.
Legislation – it consists of laws enacted by
the Congress, the Legislative Branch of the
Government, and Ordinances by the Local
Government.
Executive Orders, Administrative Orders,
Regulations and Rulings – Consists of
Administrative Orders, regulations and rules
issued by Administrative Officials
Precedents or Judicial Decisions and
Jurisprudence- the legal system of the
Philippines is formed in part by the decision
of the courts, particularly the Supreme
Court.
Customs – these are habits and practices
which through long and uninterrupted usage
have become acknowledged and approved
by society as binding rules of conduct.
Other sources – these includes principles of
justice and equity, decisions of Foreign
Tribunals, opinions of text writers, and
religion. Meaning, elements and inherent
powers of the state
STATE
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a state may be defines as a community of
persons with a definite territory, a
government of their own and sovereignty.
Elements of a State
1. People
2. Territory
3. Government
4. Sovereignty
Inherent Powers of the State
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
The Three Branches of the Government
Legislative branch – refers to the
Congress of the Philippines, which is made
of the Senate and of the House of the
Representative.
2. Executive branch – refers to the Executive
Departments and is headed by the president
of the RP who is also known as the Chief
Executive.
3. Judicial branch – refers to the Judiciary,
which is the Supreme Court of the Phil. and
other courts established by the law.
1.
RIGHTS
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Right is a moral power residing in a
person of doing possessing or requiring
something, which power all others to be
bound to respect.
Legal rights - of a person conferred or
protected by the state to which other
persons in the community is conferred
by the state.
LAWS AFFECTING MIDWIFERY PRACTICES
PRESIDENTIAL DECREE
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PD 223 – Creation of the PRC
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PD 856 – Code of Sanitation
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PD 996 – Compulsory Immunization for all
Children below 8 Years Old
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PD 651 – Birth Registration Law
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PD 492 – Nutrition Program Law
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PD 825 – Penalty for Improper Garbage
Disposal
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PD 1146 – New GSIS Law Retirement Law
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PD 48 – Four (4) Children for Maternity
Leaves
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PD 69 – Four (4) Children for Tax
Exemption Purposes (Dependent Children
Only)
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PD 965 – Family Planning and Responsible
Instruction Prior to Issuance of Family
Planning
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PD 442 – New Labor Code of the Phil
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PD 603 – Child and Youth Welfare Code
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PD 626 – Employee Compensation and
Stage Insurance Fund Benefits for
Immediate Injury, Illness or Disabilities
amended EO 179
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PD 1619 – Dangerous Drug Act (Ra 6425)
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PD 1519 – New Medicare Law: Episiotomy
of Primigravida benefits from Medicare
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PD 79 – Participation of Health Care Worker
in Population Control
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PD 148 – Child Labor Law-Age Not Lower
than 16 Years
EXECUTIVE ORDERS
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EO 456 – IMAP’s Privilege to Recommend
for PR Nominees to the Midwifery Board
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EO 209 – Family Code amended EO 227
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EO 180 – Government Workers Collective
Bargaining Rights
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EO 51 – Milk Code
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EO 857 – Compulsory Dollar Remittance
Law
PROFESSIONAL GROWTH AND DEVELOPMENT |
Law
(CHAPTER 10) BOOK-BASED
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EO 174 – National Drug Policy on
Availability, Affordability, Safe, Effective and
Good Quality Drugs for all.
EO 500 – Retired SSS Member who is
partially or permanently disabled to benefit
from Medicare
EO 566 – Review Center should be based
or allied with PRC-Recognized Professional
Association
EO115 – Safe Motherhood
EO 266 – Issued July 25, 1995 –
Institutionalization of CPE Programs of the
various Professional Regulatory Boards
under the Supervision of PRC
EO 268 – Defines Composition, Powers,
Functions of the National Commission on
the Role of Filipino Women
EO 366 – Directing a Strategic Review of
the Operation and Organization of the
Executive Branch and Providing Options
and Incentives for Government Employees.
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REPUBLIC ACTS
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RA 1080 – Civil Service eligibility for Those
Who Passed The Board Examination
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RA 1082 – Rural Health Law
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RA 1612 – Privilege Tax Law, Payment of
Professional Tax (Ra 5181)
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RA 2382 – Philippine Medical Act
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RA 3573 – Reporting of Communicable
Diseases
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RA 4073 – Liberalized the Treatment of
Leprosy
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RA 4226 – Hospital Licensure Act
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Ra 5901 – Forty (4) Hours A Week Work
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RA 6111 – Phil Medicare Act/Medicare
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RA 6365 – National Policy on Population
and Creation of Commission of Population
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RA 6675 – Generics Act Of 1998
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RA 6713 – Code of Conduct and Ethics
Standards of Public Employees
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RA 6725 – Prohibition of Discrimination
against Women on Employment, Promotion
and Training Opportunities
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RA 6809 – Amended Article 34 of the
Family Code; Majority Age is 18 unless
otherwise provided
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RA 6949 – March 8 as National Women’s
Day
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RA 6955 – Legal Basis for declaring the
practice of ”Mail Order” Brides Illegal
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RA 6955 – Bans Marriage Matching for a
fee as well as Exportation of Domestic
Workers
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RA 6972 – Total Development and
Protection of Children in the Barangay Level
(Day Care)
RA 7044 – Rooming-in to all Mothers who
deliver in Public/Private
RA 7160 – Legal Autonomy Code/ Local
Government Code
RA 7170 – Legalized Donation of Human
Body Organs Upon Death
RA 7176 – Comprehensive Tax Reform
Program Increasing Personal/ Individual
Exemptions.
RA 7192 – Provides Women’s Rights and
Opportunities equal to an and Women’s
Development and Nation Building
RA 7277 – Magna Carta of Disabled
Persons
RA 7305 – Magna Carta of Public Health
Workers
RA 7392 – Phil Midwifery Act of 1992
RA 7600 – Rooming-In Breastfeeding Act/
Baby Friendly Hospital (1992)
RA 7610 – Protection of Children from Child
Abuse Exploitation and Discrimination Act
RA 7624 – Drug Education Law
RA 7641 – Employers to pay at least ½
Month Salary for every year of Service to
Retired Employees
RA 7655 – SSS Coverage for House Help –
Salaries of Php800 within Metro Manila and
other Highly Urbanized Cities per month.
Those receiving Salaries of Php 1,000 and
above are required of this said SSS
Coverage
RA 7658 – Prohibiting the Employment of
Children Below 15 Years of Age in Public
and Private
RA 7716 – (E-Vat Law) Equitable Value
Added Tax or Expanded Added Tax
RA 7722 – Rationalized Midwifery
Education
RA 7875 – National Health Insurance Act of
1995
RA 7876 – Senior Citizen Law / Center for
Senior Citizens
RA 7877 – Anti-Sexual Harassment Law
RA 7883 – Benefits/ Incentives for
accredited Brgy. Health Workers. An
approach to Health Development for
Essential Goods, Health and other Social
Services, Available and Affordable for
Needs of Underprivileged, Sick, Elderly and
Disabled Women and Children.
PROFESSIONAL GROWTH AND DEVELOPMENT |
Law
(CHAPTER 10) BOOK-BASED
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RA 7947 – Tax Exemptions Of Couples Of
Php36,000 for Both (If Joint Exemption)
Provided both are Employed
RA 8171 – Repatriation of Filipino Women
who lost their Phil Citizenship by Marriage to
Aliens and Natural Born Filipinos
RA 8203 – Special Law on Counterfeit
Drugs
RA 8245 – Internal Revenue Allotment in
the National Revenue Taxes and Benefits
Government Employees.
RA 8282 – SSS Act of 1997, Amended RA
1161-Private 60 Days Maternal Leave/CS
78 Days
RA 8291 – GSIS Act of 1997, Amended PD
1146-Public 60 Days Maternal Leave/ CS
60 Days
RA 8353 – Incest Law
RA 8369 – Child and Family Court Act
RA 8370 – National Children’s TV Act
(Protecting Children from Indecent TV
Programs)
RA 8423 – Traditional Alternative Medicine
Act created PITACH (Phil Institute for
Traditional and Alternative Health Care)
RA 8424 – BIR Tax Regulation Special
Treatment of Fringe Benefits
RA 8491 – Flag Code-Penalty of Php6,000Php20,000
RA 8504. –Promulgating Policies
Prescribing Measures for Prevention and
Control of HIV and AIDS
RA 8505 – Rape Victim Assistance and
Protection Act of 1998
RA 8532. -Comprehensive Agrarian Reform
Program (CARP)
RA 8533 – Annulment of Marriage even
after Family Code (Aug 3, 1998) was
approved for Psychological Incapacity of
either spouses
RA 8552 – Granting Adopted Filipino
Children Equal Rights and privileged
enjoyed by Legitimate Children
RA 8749 – The Clear Air Act
RA 8976– Food Fortification Law
RA 9165. –Comprehensive Dangerous Drug
Act of 2002
RA 9173 – Philippine Nursing Act Of 2002
RA 9225 – Citizenship Retention &
Reacquisition Act of 2003
RA 9257 – Expanded Senior
Citizen Act – Amended Ra 7432 Senior
Citizen Act
RA 9262 – The Anti-Violence Act Against
Women and Children
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RA 9288 – An Act Promulgating a
Comprehensive Policy and a National
System for Ensuring Newborn Screening
PRC BOARD RESOLUTIONS
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No 557 s. of 1988 – Code Of Ethics for
Midwives
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No 665 s. 1985 – Continuing Education
(CPE) For Midwives
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No 187 s. of 1991 – Renewal of
Professional License; Extension of 20 Days
after the Birth Month
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No 100 – Implementing Rules and
Regulations of RA 7392
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No 217 – Delisting of Names from the PRC
List of Professionals who have not renewed
their License for 5 years or more
consecutive years
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No 544 – Regional license Examination
Venue for Midwifery
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No 381 s. of 1995 – Standardized
Guidelines and Procedures for
Implementation of CPE Programs for all
professionals
PROCLAMATION
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No 1275 -Midwifery Week; Midwifery
Convention 3rd Week of October
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No 147 -Declaring April 21 and May 19 and
every Wednesday of January and February
For 2 years as National Immunization Days
(NIDs)
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No 16 – Implementing United National Goal
and Universal Child Immunization By 1990
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No 124 – November 9-15, 2003 3rd Week of
November every year as Drug Abuse
Prevention and Control Week
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No 2418 – Issued On May 1, 1985 declared
the Month of June as Rural Worker’s Month
LETTERS OF INSTRUCTIONS
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LOI 1000 – Membership in National
Organization
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LOI 949 -Primary Health Care Expanded
Functions of a Midwife
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LOI 47 -Integration of Family Planning in
Midwifery Curriculum
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LOI 13 -Protection of the Filipino Citizen
PROFESSIONAL GROWTH AND DEVELOPMENT |