Jurisprudence
 Latin word “Juris prudentia” – the
study of knowledge or Science of
Law
 In the US, it means Philosophy of
Law (Interpretation of the Law)
Example:
Barangay policy is also a law.
Court decisions are also a
law.
Formal Principle:
Example:
Community Healthcare
- To raise the level of the
health of the citizen.
 It embraces:
1. All
laws
enacted
by
the
legislative body.
2. All regulations promulgated by
those in authority.
3. Court decisions.
4. Formal principles upon which
laws are based.
Legal Theory in Jurisprudence
• It includes principles behind law
that make the law. Scholars of
jurisprudence m also known as
jurists or legal theorists (including
legal
philosophers and social
theorists of law), hope to obtain a
deeper understanding of the nature
of law, of legal reasoning, legal
systems, and of legal institutions.
Person involve in Jurisprudence
 Scholars of
 Legal
jurispruden
Theorist
ce
 Legal
 Social
Philosopher
Theorist of
Law
 Juris
NURSING PRINCIPLE:
Protect the patient at all cost
Nursing Jurisprudence
 Application and interpretation of
principle of law or rules as they
relate to the: practice ofnursing;
obligations nurses to;
Relation to patient
Relation to other nurses
Relation to other healthcare
professionals
 (Nursing crib) Jurisprudence
Defined as the department of
law that comprises all the legal
rules and principles affecting
the practice of nursing. It
includes not only the study but
also the interpretation of all
these rules and principles and
their application in
the
regulation of the practice of
nursing.
Includes not only the study of
law but the interpretation of all
laws, roles and principle in
application in regulation of
nursing practice.
 Deals with all laws, rules and
regulations.
 Deals with legal principles and
doctrines governing and regulating
the practice of nursing
 Deals with legal opinions and
decisions of competent authority in
cases involving nursing practice.
Example:
Court decision for previous
cases.
Nursing Jurisprudence in the Philippines
1. The Constitution of the Republic of
the Philippines, part the Bill of
Rights.
2. Republic Act No. 9173 otherwise
known as the Phil. Nursing Law of
2002.
3. Rules and regulations promulgated
by the BON/PRC/CHED pertaining to
nursing practice in the Philippines
(dismissal, revocation, suspension)
4. Decisions
of
the
BON/PRC/CHED/DOH on nursing
cases.
5. Decisions of the Supreme Court on
matters relevant to nursing.
6. Opinions of the Secretary of Justice
in like cases.
7. The Revised Penal Code of the
Philippines.
8. The New Civil Code of the
Philippines.
Provision
of
civil
society
protects and prohibits people’s
crimes.
9. The Revised Rule of Courts.
10.The National Internal Revenue
Code as amended - BIR
- Should be followed by everyone
- Special
treatment
for
professionals who are working
under government
- Professional
fees/
tax
but
paying income tax.
Exemption!
“If may private clinic kahit
working under government
need to pay professional tax.”
Nursing Ethics – AB Dionisio
 The branch of moral science which
treats of the duties of a member of
the nursing profession towards her
co-professional nurses, to her
profession, and to the public in
general.
 Results
of
understanding
the
nursing prudence
 Expected
things
to
do
as
professionals nurse – patient, conurses, and team.
 Nursing jurisprudence affects the
behavior of nurses.
Code of Ethics for Filipino Nurse
A. Code of Good Governance
 The observance of the Code of
Good Governance, The ICN, Code of
Ethics, and the Code of Ethics for
registered Nurses is MANDATORY
for ALL Filipino Nurses.
 First PNA Code of Ethics for Nurses
in 1982 (5 decades after it was
formed under FNA).
 PRC-BON Adopted ICN Code of
Ethics as integral part of COE for
nurses in the Philippines on March
21, 1984.
 COE
in the
Philippines
was
approved through BON Resolution
No. 633 on March 21, 1984
pursuant to RA 877 and PD No.
223.
 Amended
COE
through
BON
Resolution No. 1955, on October
18, 1989, the same date the same
code was approved by PRC as part
of the rules and regulations
governing the practice of nursing in
the Philippines.
 The New COE for Filipino Nurses
was promulgated on July 14, 2004,
pursuant
to
PRC-BON
Board
Resolution No. 220.
 Filipino Nurses are specifically
directed under RA 9173 that:
“In the practice of nursing in ALL
SETTINGS, the nurse is duty-bound
to observe the Code of Ethics for
Nurses
and
to
uphold
the
standards of safe nursing practice”
(Sec. 28, RA No. 9173)
 Code of Good Governance for the
professions in the Philippines
 EO No. 220 directing the
adoption of Code of Good
Governance for the Professions
in the Philippines. Approved on
June 23, 2003 by President
Gloria Macapagal-Arroyo
 CGG requires all professionals
“not only to have an ethical
commitment, a personal resolve
to act ethically, but also to have
both ETHICAL AWARENESS &
ETHICAL COMPETENCY.
Definitions:
 Ethical Awareness- the ability to
discern between right and wrong
 Ethical Competency- the ability to
engage in sound moral reasoning
and
consider
carefully
the
implications of alternative actions.
Ethical Principles of Professional Conduct
as Specified in the CGG
 Service to others. Professionals are
committed to:
a) A life of service to others,
b) Protect life, liberty and public
welfare, and
c) To serve others and be prepared
for heroic sacrifice and genuine
selflessness.





Integrity
and
objectivity.
Professionals are required to:
a) Undertake responsibilities with
highest sense of integrity and
imbued with nationalism and
spiritual values,
b) Maintain objectivity at all times,
be free of conflicts, and refrain
from engaging activity
that
would prejudice abilities to carry
out their duties ethically,
c) Avoid making any reasonable
person to misunderstand or be
deceived.
Professional
Competence.
Professionals must be equipped
with:
a) A certain level of competence
necessary (KSA) and experience
to
carry
out
professional
services.
b) New knowledge and techniques,
improved skills and upgraded
level of competence.
Solidarity
and
Teamwork.
Professionals must nurture and
support the principle of one
organization. They are obliged to:
a) Put the broader interest of the
profession above one’s personal
ambition
and
preference
through the spirit of solidarity,
b) Observe ethical principles and
pursue continuing professional
development and social and
civil
responsibility
through
teamwork.
Social and Civil Responsibility.
Professionals are committed to
perform their professional duties
with due consideration of the
broadest interest of the public.
They must:
a) Serve their clients and the
public with professional concern
and in a manner consistent with
their responsibilities to society.
b) Actively
contribute
to
the
attainment of the country’s
national objectives.
Global
Competitiveness.
Professionals are committed and
prepared to:

a) Face the challenges of more
dynamic and interconnected
world, and
b) Rise up to global standards, and
maintain levels of professional
practices on a par with global
best practice.
Equality
to
all
profession.
Professionals maintain and promote
equality by:
a) Treating their colleagues with
respect and maintaining fair
dealings with one another;
b) Believing that no group of
professionals is superior or
above others
c) Performing equally important,
yet distinct, service to society.
“All professionals are equal, and,
therefore, everyone shall treat
other professionals with respect
and fairness.”
B. International Council of Nurses
Code of Ethics
 Adopted and approved by the ICN
Council of National Representatives
in 1953 which was revised several
times.
 The recent revision was in 2005.
4 Principal Elements of ICN COE for Nurses
Outlining the Standards of Ethical Conduct:
1. Nurses and People
 4 Major Responsibilities to the
People
 To give nursing care to the
people who require or need
it;
 To promote an environment
in which the human rights,
values, customs & spiritual
beliefs of
the IFC are
respected;
 To ensure that the individual
receives
sufficient
information on which to base
consent for care and related
treatment
 To
hold
in
confidence
personal information and use
indiscriminate judgement in
sharing this information.
2. Nurses and Practice
 5 Responsibilities in the Practice
of Nursing
 To
carry
personal
responsibility
and
accountability for nursing
practice
 To maintain a standard of
personal health
 To use judgement regarding
individual competence when
accepting and delegating
responsibility.
 Maintain
at
all
times
standards
of
personal
conduct
 To ensure that use of
technology and scientific
advances are compatible
with safety, dignity and
rights of people.
3. Nurses and Profession
 3
Responsibilities
to
the
profession
 To assume major role in
determining
and
implementing
acceptable
standards of clinical nursing
practice
 To be active in developing a
core
of
research-based
professional knowledge
 To participate in creating and
maintaining safe, equitable
social and economic working
conditions in nursing through
professional organizations.
4. Nurses and Co-workers
 2 Responsibilities with coworkers


To
sustain
cooperative
relationship with co-workers
in nursing and other fields
To take appropriate action to
safeguard the ICF when their
health is endangered by a
co-worker or any other
person.
PRC-BON Resolution No. 220 S. 2004
 Preamble
 Section 1. Health is a fundamental
right of every individual. The
Filipino RNs believes in the worth
and dignity of human beingprimary responsibility to PRESERVE
LIFE at ALL COST – promotion of
health,
prevention
of
illness,
alleviation
of
suffering
and
restoration of health, or assistance
towards a peaceful death.
 Section 2. RNs to gain knowledge
and
understanding
of
man’s
cultural,
social,
spiritual,
psychological,
and
ecological
aspects
of
illness,
utilizing
therapeutic process,
 Section 3. The desire for respect
and
confidence
of
Clientele,
colleagues, co-workers, and the
members
of
the
community
provides incentive to attain and
maintain the highest possible
degree of ethical conduct.
RNS and PEOPLE
 Section 4. Ethical Principles
1) Values, customs, and spiritual
beliefs held by individual shall
be represented.
2) Individual freedom to make
rational
and
unconstrained
decisions shall be respected
3) Personal information acquired in
the process of giving nursing
care shall be held in strict
confidence.
 Section 5. Guidelines observed by
RNs
a) Consider the individuality and
totality of patients when they
administer care
b) Respect the spiritual beliefs and
practices regarding diet and
treatment
c) Uphold the rights of individuals
d) Take into considerations the
culture and values of patients in
providing
nursing
care.
However, in the
event of
conflicts their welfare and
safety must take precedence.
RNS and PRACTICE
 Section 6. Ethical Principles
1) Human life is inviolable
2) Quality and excellence in the
care of ptients are the goals
of nursing practice
3) Accurate documentation of
actions and outcomes of
delivered
care
is
the
hallmark
of
nursing
accountability
 Section 7. Guidelines to observe
RNs
a) Know the definition & scope
of nursing practice
b) Be aware of their duties &
responsibilities in the practice
of their profession
c) Acquire and develop the
necessary competence in
KSAs to effectively render
appropriate nursing services
thru
varied
learning
situations.
d) Nursing administrators, be
responsible
in
providing
favorable environment for
the G&D of RNs in their
charge.
e) Be
cognizant
that
professional programs for
specialty certification by the
BON are accredited thru the
Nursing
Specialty
Certification Council (NSCC)
f) See to it that the quality
nursing care and practice
meet the optimum standard
of safe nursing practice
g) Insure that modification of
practice shall consider the
principles of safe nursing
practice
h) If in position of authority in a
work
environment,
be
normally
and
legally
responsible for devising a
system
of
minimizing
occurrences of ineffective
and
unlawful
nursing
practice.
i) Ensure that patient’s records
shall be available only if they
are to be issued to those
who are professionally and




directly involved in their care
and when they are required
by law.
Section 8. Ethical Principle
 RNs are the advocates of the
patients; they shall take
appropriate
steps
to
safeguard their rights and
privileges
Section 9. Guidelines to be
observed from RNs
a) respect the “Patients’ Bill of
Rights” in the delivery of
nursing care
b) provide the patients or their
families with all pertinent
information except those
which may be deemed
harmful to their well-being
c) uphold the patients’ rights
when
conflict
arises
regarding management of
their care
Section 10. Ethical Principle
 RNs are aware that their
actions have professional
ethical, moral and legal
dimensions. They strive to
perform their work in the
best
interest
of
all
concerned.
Section 11. Guidelines to be
observed from nurses
a) perform their professional
duties in conformity with
existing
laws,
rules,
regulations, measures, and
generally accepted principles
of moral conduct and proper
decorum
b) not allow themselves to be
used in advertisement that
should demean the image of
the profession
c) decline any gift, favor or
hospitality which might be
interpreted as capitalizing on
patients
d) Not demand and receive any
commission,
fee
or
emolument
for
recommending or referring
a patient or vice-versa
e) avoid any abuse of the
privilege relationship which
exists with patients and of
the privilege access to their
property,
residence
or
workplace
RNS and CO-WORKERS
 Section 12. Ethical Principles
1. RNs is in solidarity with other
members of the health care
team in working for patient’s
best interest
2. RNs maintains collegial and
collaborative
working
relationship with colleagues
and
other
health
care
providers
 Section. 13. Guidelines to be
observed from RNs
a) maintain their professional
role/identity while working
with other members of the
health team
b) conform with group activities
as those of a health team
should
be
based
in
acceptable,
ethico-legal
standards
c) contribute
to
the
professional G & D of other
members of the health team
d) actively
participate
in
professional organizations
e) not act in any manner
prejudicial
to
other
professions
f) Honor and safeguard the
reputation and dignity of the
members of nursing and
other professions; refrain
from
making unfair and
unwarranted
comments/criticisms on their
competence, conduct, and
procedures;
or
not
do
anything that will bring
discredit to a colleague and
to any member of other
professions
g) respect the rights of their coworkers
RNS,
SOCEITY,
and
ENVIRONMENT
 Section 14. Ethical Principles
1. The preservation of life,
respect for human rights, &
promotion
of
healthy
environment shall be a
commitment of a RN
2. The
establishment
of
linkages with the public in
promoting local, national,
and international efforts to
meet health and social
needs of the people as a
contributing
member
of
society is a noble concern of
RN
 Section 15. Guidelines to be
observed from RNs
a) be
conscious
of
their
obligations as citizens and
as such, be involved in
community concerns
b) be equipped with knowledge
of health resources within
the community, and take
active roles in PHC
c) actively
participate
in
programs,
projects,
and
activities that respond to the
problems of the society
d) lead their lives in conformity
with the principles of right
conduct and proper decorum
e) Project an image that will
uplift the nursing profession
at all times
RNS and THE PROFESSION
 Section 16. Ethical Principles
1. maintenance of loyalty to
the nursing profession and
preservation of its integrity
are ideal
2. compliance w/ the by-laws of
the accredited professional
org. & other professional org.
of which the RNs is a
member, is a lofty duty
3. commitment to continual
learning
and
active
participation in the G&D of
the
profession
are
commendable obligations
4. contribution
to
the
improvement of the socioeconomic conditions and
general welfare of nurses
through
appropriate
legislation is a practice
 Section 17. Guidelines to observe
from RNs
a) be
members
of
the
professional organization
b) Strictly adhere to the nursing
standards
c) participate actively in the
G&D
of
the
nursing
profession
d) strive to secure equitable
socio-economic and work
conditions in nursing thru
appropriate legislation and
other means
e) assert
for
the
implementation of labor and
work standards
CRIMES
 A crime is a deliberate act that
causes physical or psychological
harm, damage to or loss of
property, and is against the law.
 Is a behavior that is punishable as
a public offense. The elements of a
crime
generally
come
from
statutes, but may also be supplied
by the common law in states where
the criminal common law still
carries force.
RIGHTS OF ACCUSED
 Right to be presumed innocent
 Right to due process of law
 Right to be heard
 Right to bail
 Right to be present and defend in
person and by counsel at every
stage of the proceeding
 Right to be informed of the nature
and cause of the accusation
against him
 Right to a speedy, impartial and
public trial
 Right to confront witnesses and to
have compulsory process to secure
the attendance of witnesses and
the production of evidence in his
behalf
 Right to be exempt from being
compelled to be a witness against
himself
 Right to be exempt from excessive
fines
or
cruel,
inhuman
or
degrading punishment
 Right to be exempt from being
twice
put
on
jeopardy
of
punishment for the same offense
 Right to appeal in all cases allowed.
COMMON CRIMES A NURSE MAY BE
INVOLVED WITH:
A. Crimes against person
1. Parricide
2. Murder
3. Homicide
4. Physical injuries: serious, less
serious, slight
5. Giving assistance to suicide
6. Infanticide
7. Intentional abortion
8. Unintentional abortion
9. Abortion practiced by woman
herself
10.Abortion practiced by physician
or midwife and dispensing of
abortive
11.Mutilation
12.Administering
injurious
substances or beverages
B. Crimes against property
1. Robbery with violence against
intimidation of persons
2. Attempted
and
frustrated
robbery
3. Execution of deeds by means of
violence
4. Robbery in an inhabited house
or public building devoted to
worship
5. Possession of picklocks or
similar tools
6. Arson
7. Crimes involving destructions
C. Crimes Against Chastity
1. Adultery
2. Concubinage
3. Rape
4. Acts of lasciviousness
5. Qualified seduction
6. Simple seduction
7. Corruption of minors
8. Forcible abduction
9. Consented abduction
D. Crimes against Civil Status of
Persons
1. Simulation of births
2. Substitution of on child for
another and concealment or
abandonment of a legitimate
child
3. Usurpation of civil status
4. Bigamy
5. Marriage contracted against
provisions of law
6. Premature marriages
7. Performance of illegal marriage
ceremony
E. Crimes against Honor
1. Libel by means of writings or
similar means
2. Threatening to publish and offer
to prevent such publication for a
compensation
3. Slander
4. Slander by deed
5. Incriminating innocent person
6. Intriguing against honor
F. Crimes against personal liberty
1. Kidnapping and serious illegal
detention
2. Slight illegal detention
3. Unlawful interest
4. Grave threats
5. Light threats
6. Coercions
G. Crimes against public interest
1. Counterfeiting
2. Using
forged
signature
or
counterfeit seal or stamp
3. Falsification:
legislative
documents,
public
officer,
employee or notary; use of
falsified docs
4. False medical certificates
5. Using false medical certificates
6. Usurpation of authority or
official functions
7. Illegal use of uniform
8. False testimony