Mid Handout

REVIEW UNIVERSITY FOR MIDWIVES, INC. Successfully Training Filipino Nurses and Midwives for Global Setting P.U.P. Hasmin Hostel, R. Magsaysay Blvd., Sta. Mesa, Manila reviewuniversityfornurses reviewuniver [email protected] @gmail.com; ; www.runurses.com Tel. Numbers: (02)-716-4783; (02)-716-4783; (02)-713-8880; (02)-713-8880; (02)708-27-82

PROFESSIONAL GROWTH AND DEVELOPMENT THE MIDWIFE AND CRIMES CRIME: Crime is an act or omission punishable by law. CRIMINAL LAW: Criminal Law is that branch of law which defines crimes, treat of their nature and provides for their punishment. TWO KINDS OF CRIME ACCORDING TO THE LAW PUNISHING THEM 1. Felony – When the law punishing the act or omission is the Revised Penal Code of the Philippines. This includes crimes such as abortion, homicide, murder, theft, simulation of birth. 2. Offense – Offense – When the act or omission is punishable by special penal statutes or any other law but not the Revised Penal Code. These are crimes committed in violation of residential decrees, republic acts and executive orders but which are not laws that amend any provision of the revised Penal Code.Sources of Criminal Law 1. The Revised Penal Code of the Philippines 2. Special penal laws enacted by the Philippine legislature FELONIES Felonies are crimes punished by the Revised Penal Code of the Philippines. Essential Elements of Felony 1. There must be an act or omission Act means means bodily movement which tends to produce some effect in the external world. It is not necessary that the effect of the act be actually produced, as the possibility of its production is sufficient. 2. That the act or omission must be punishable by the Revised Penal Code poena sine lege”. lege”. The rule is: there is no crime when there is no law punishing the act. “Nuliumcrimen, nulla 3. That the act is performed or the omission is omission is incurred by means of DOLO or malice (meaning malice (meaning criminal intent) or culpa (meaning culpa (meaning fault). Omission refers to inaction or the failure to perform an act required by law to be done. Dolo means Dolo means malice, criminal intent or the intent to do an evil to another, his property or his right. A crime committed by means of dolo or with malice is known as intentional felony. Requisites of Dolo Freedom – Freedom – which which means that the crime was committed freely by the person and that he did not act under any compulsion. Intelligence – – The person must know what he is doing or what he is omitting to do. The person must have a comprehension of the mortality of what he is doing and although knowing it is evil, decides to do it anyway. Intent – Intent – The person must have a criminal intent to do an evil or cause injury to another. Remember that one who acts without freedom necessarily has no intent to do an injury to another. One who acts without intelligence has no such intent. But a person who acts with freedom and intelligence may not have the intent to do an injury to another. Culpa means fault. When the offender commits a wrongful act resulting from imprudence, negligence, lack of foresight or lack of skill, the act is called culpable felony. The main difference between intentional felony and culpable felony is that in intentional felony, there is criminal intent while in culpable felony; there is no malice or criminal intent. Requisites of Culpable Felony The person must have freedom while doing an act or omitting to do an act. He must have intelligence while doing an act or omitting to do an act. He is imprudent, negligent or lacks skill or foresight while doing the act or omitting to do the act. Imprudence indicates deficient of action, failure to take the necessary precaution to avoid injury to person or damage to property, usually involves lacks of skill. Negligence indicates deficiency of perception, failure to pay proper attention and to use due diligence in foreseeing an injury or damage, it usually involves lack of foresight. Classification of Felonies According According to the Stage of Execution There are three stages of acts of execution of felonies/. They are the attempted stage, the frustrated stage, and the consummated stage. – A felony is attempted when the offender commences the commission of tahe felony directly by overt acts, and 1. Attempted Felony – A does not perform all the acts of execution, which should produce the felony by reason of some cause or accident other than hi s own spontaneous desistance. If a person does not perform all the acts of execution because of his own spontaneous desistance, there is no attempted felony. 2. Frustrated Felony – A felony is frustrated when when the offender performs performs all the acts of execution which which should produce the felony felony as a consequence but which nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. 3. Consummated Felony – Felony – A felony is consummated when all the elements necessary for its execution and accomplishment are present. Classification of Felonies According to Their Gravity The gravity of the felonies is determined by the penalties attached to them by law. And according to their gravity, felonies are classified into three, namely, the Grave Felonies, Felonies, the Less Grave Felonies, Felonies, and the Light Felonies. Felonies. 1. Grave Felonies are those which the law punishes with capital punishment or with any of the afflictive penalties. a. Capital Punishment is death penalty. b. Afflictive Penalties Penalties include: Reclusion Perpetua which Perpetua which is imprisonment from 20 years and 1 day to 40 years; Reclusion Temporal which which is imprisonment from 12 years and 1 day to 20 years; Prison Mayor is imprisonment from 6 months and 1 day to 6 years. 2. Less Grave Felonies are those which the law punishes with any of the correctional penalties.  

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Correctional Penalties include: Prison Correccional which which is imprisonment from 6 moths and 1 day to 6 years; Destierro which Destierro which is restriction of freedom from 6 moths and 1 day to 6 years; Arresto Mayor which is imprisonment from 1 moth and 1 day to 6 months. Light Felonies are those which are punishes by law with arrestomenor or or with a fine not exceeding Two Hundred Pesos or both such as imprisonment and fine. a. ArrestoMenor is is a light penalty which consists of an imprisonment imprisonment or deprivation of freedom from one day to thirty days.   

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LEGAL MAXIMS: “Actus non facitreum nisi mens sit rea” meaning the act itself does not make a man guilty unless his intentions were so.“Actus me invite factus non estmeusactus” meaning An meaning An act done done by me against against my will is not my act. PERSONS CRIMINALLY LIABLE 1. Principals are persons who took part in the crime by: Direct participation or taking a direct part in the execution of the felony Induction or directly forcing or inducing others to commit a crime Indispensable cooperation or by cooperating in a commission of the felony by another act without which the crime would not have been accomplished. 2. Accomplices are persons who are not principals but cooperate in the execution of the felony by previous or simultaneous acts. Also called accessory before the fact. 3. Accessory are persons who having knowledge of the commission of the crime, and without having anticipated therein, either as principals or accomplices, take part after the crime was committed in any of the following manners: manners: By profiting themselves or assisting the offender to profit by the effects of the crime By concealing and destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery By harbouring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public function or whenever the author of the crime is guilty or treason, parricide, murder or on an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Accessories Exempted from Criminal Liability – Liability – An An accessory is exempted from criminal liability when the principal of the felony is a spouse, ascendant, descendant, descendant, brother, sister or relative by affinity within the same degree.   

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CONSPIRACY TO COMMIT A CRIME Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to do it. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. Justifying Circumstances Circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. The following are justifying circumstances: a. Anyone who acts in defense of his person or rights, provided that the following circumstances concur (also called selfself defense): There is unlawful aggression Reasonable necessity of the means employed to prevent to repel such aggression Lack of sufficient provocation on the part of the person defending himself b. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants descendants or legitimate, natural or adopted brothers and sisters or of his relatives by affinity in the same degrees and those of consanguinity within the fourth civil degree. c. Anyone who who acts in defense defense of the the rights or persons persons or strangers. strangers. d. Any person who, in order to avoid evil or injury, does an act which causes damage to another, provided that the following requisites are present: That the evil sought to be avoided actually exist That the injury feared be greater than done to avoid it That there be no practical and less harmful means of preventing it e. Any person who who acts in the fulfilment of a duty or in the lawful lawful exercise of a right right or office. f. Any person who who acts in obedience obedience tpo tpo order issued by a superior superior for some lawful lawful purpose. 2. Exempting circumstance are those grounds for exemption from punishment because of the complete absence of intelligence or freedom of action on the part of the accused. A person who acts without intelligence, freedom of action or intent does not act with malice. The following are exempting circumstances: a. An imbecile or an insane, unless unless the latter latter has acted during a lucid lucid interval b. A person nine years of age or less c. A person over over nine years of age and under fifteen unless he has has acted with discernment d. Any person while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it e. Any person who who acts in the fulfilment of a duty or in the lawful exercise of a right right or office. f. Any person who who acts in obedience obedience to order issued by by a superior for some lawful lawful purpose. 3. Mitigating circumstances circumstances are those which, if present in the commission of a crime, do not free the offender from criminal liability but serve only to reduce the penalty for the crime committed. Mitigating circumstances only reduce the liability og the offender but do not change the nature of the crime. The following are the mitigating circumstances: circumstances: a. That the offender is under 18 years of age or over 70 years b. That the offender had no intention to commit so grave a wrong as that committed c. That sufficient provocation or threat on the part of the offended party immediately preceded the act   

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That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees e. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation; f. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentyation presentyation of the evidence of the prosecution; prosecution; g. That the offender is deaf and dumb, blind or otherwise suffering some physical defects which thus restricts his means of action, defense, or communication with his fellow beings; and h. Such illness of the offender and would diminish the exercise of the willpower of the offender without however depriving him of consciousness of his acts. 4. Aggravating circumstances circumstances are those which, if attendant to the commission of the crime, serve to increase the liability of the offender. a. That advantage be taken by the offender of his public position b. That the crime was committed in contempt or insult to the public authorities c. Taht the act was committed with abuse of confidence or obvious ungratefulness ungratefulness d. Taht the crime committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaed in the discharge of their duties or in a place dedicated to public worship e. That the crime be committed in the nightitme or uninhabited place, or by a band, whter such circumstances may facilitate that commission of the offense f. That the crime be committed in the occasion of conflageration, conflageration, shipwreck, earthquake, epidemic, epidemic, or other calamity or misfortune g. That the crime be committed with the aid of armed men or person who insure or afford immunity h. That the crime be committed in consideration of a price, reward or promise; i. That the crime be committed by means of inundation, fire, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin j. The crime be committed with evident premeditation k. That the craft, fraud or disguise be employed or the crime committed with treachery. 5. Alternative circumstances circumstances are those which musty be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. They are: a. Degree of instruction and education of the offender Low degree of instruction or lack of it is generally mitigating High degree of instruction and education is aggravating when the offender avails himself of his learning in committing the crime The accused who studied up to the sixth grade has sufficient schooling and Not mitigating in crimes against poverty b. IntoxicationIt is mitigating when intoxication is not habitual and not subsequent to the plan to commit a felony It is aggravating when intoxication is habitual or if it is intentional c. Relationship- when the offended party is the spouse, descendant, descendant, ascendant, natural or adopted adopted brother or sister, or relative by affinity in the same degree, of the offender Relationship is mitigating in crimes of robbery, usurpation, fraudulent fraudulent insolvency and arson Relationship is aggravating in crimes against person where the offended party is a relative of a higher degree or when the offender and offended party are of the same levels Relationship is mitigating in trespass to dwelling Relationship is aggravating in crimes against chastity murder, homicide and any of the serious physical injuries  

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TWO CLASSSES OF INJURY CAUSED BY AN OFFENSE OR CRIME 1. Social injury is injury is the disturbance and alarm to the society caused by the crime. Because it is the society that is affected by this injury, the offended party (or the person to whom the cr ime was done) cannot pardon the offender. It is the state which imposes the corresponding penalty for this class of injury. A person who commits a crime incurs criminal liability because of thew social injury caused by the crime. 2. Personal injury is caused to the victim of the crime who suffered damage either to his person, to his property, to his honor or to his chastity. The effect of personal personal injury is civil liability which is repaired through through indemnity. Such indemnity indemnity may be waived by the offended party or in other words, the offended party may pardon the offender. PENALTY = PENALTY = is the suffering inflicted by the State for the violation of the law. Penalty has several purposes. It suppress criminal acts; protects society from the threat and wrong inflicted by the criminal acts; protects society from the threat and wrong inflicted by the criminal thus it is a measure of self defense; it helps correct and reform the offender; serves as an example to deter others from committing crimes and finally. Imposition of penalty is an act of retributive justice. It is rightful measure against a criminal who violates the right of his fellowmen and the moral law. The Different Penalties 1. Capital Punishment- Death 2. Afflictive Penalties Penalties a. Reclusion perpetuaperpetua- 20 years and one day to 30 days b. Reclusion temporal- 12 years and one day to 20 years c. Prison mayor- 6 years and one day to 12 years The fine for afflictive penalties is over P6,000.00 3. Correctional Penalties a. Prison correctional- 6 months and one day to 6 years 3|The House of Quality Review, The Home of Topnotchers!


b. Arresto mayor- 1 month month and one one day to 6 months c. Suspension- suspension nfrom public office d. Destierro- Banishment from the place where the cr ime was commited Fine for correctional penalties is over P200.00 to P6,000.00 4. Light Penalties a. ArestomenorArestomenor - one day to one month b. Public censure Fine is P200.00 or less Causes of Total Extinction of Criminal Liability 1. Death of the Convict Reason: One of the judicial judicial conditions of penalty is that it is personal. However, the death death of the offended party does not extinguish the criminal liability of the offender. Reason: the crime is committed against the State. 2. Service of Sentence Reason: Crime is but a debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his debt. When payment is made, the debt is necessarily extinguished. extinguished. 3. Amnesty which is a general pardon of a class of persons who are guilty of high political crimes (such as Treason). 4. Absolute Pardon Pardon which which is an act of grace (coming from the President) which exempts the convict from the punishment of his crime without any condition. 5. Prescription of the Crime which is the forfeiture forfeiture or loss of of the right of of the State to prosecute the offender offender after the lapse lapse of a certain time 6. Prescription of the Penalty which is the forfeiture or loss of the the right of the State to execute execute the final final sentence sentence after the the lapse of a certain time 7. Marriage of the Offended Woman or the marriage of the offender, in good faith, with the offended woman after the commission of the crime of Rape, Acts of Lasciviousness, Seduction Seduction or Abduction. Also extinguished by this marriage are the criminal liabilities of the co-principals, accomplices accomplices and accessories of the crime involved. CRIMES AGAINST PERSONS MURDER is committed by any person who kills another person with any of the following attending circumstances: circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means of persons to insure or afford impunity. 2. In consideration of price reward or promise By means of inundation , fire, poison, explosion, shipwreck, stranding of a vessel, derailment of or assault upon a streetcar or 3. locomotive, fall of an airship, by means involving great waste and ruin. 4. With evident premeditation premeditation With cruelty, by deliberately and inhumanly augmenting augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. 5. HOMICIDE is HOMICIDE is the unlawful killing of another person which is neither parricide, murder nor infanticide. EUTHANASIA or EUTHANASIA or MERCY KILLING means KILLING means painlessly putting an end to the life of a terminally ill patient or patient suffering from incurable disease. In euthanasia, the patient does want to die while in giving assistance the suicide, the person wants to die. GICING ASSISTANCE TO SUICIDE is committed either by assisting another to commit suicide (whether the suicide) is consummated or not) any by lending assistance to another to the extent of doing the killing himself. PARRICIDE is committed by a person who kill his father, mother, whether legitimate or illegitimate, illegitimate, or any of his ascendants or descendants, or his spouse. INFANTICIDE is killing of a child less than three days old. The penalty is the same as that for parricide or murder. ABORTION is the expulsion of the fetus from the womb before it is capable of sustaining life (outside the womb), which expulsion results in its death. Some of the kinds of abortion are as follows: 1. Intentional Abortion or that kind of abortion which in intentionally intentionally caused by the offender. It is punished by the following penalties: Reclusion temporal, if the offender used violence which is intentionally against the pregnant woman; Prision mayor, if, without violence, he acted without her consent; Prison correccional in in its medium and maximum periods, if she should have consented. Unintentional Abortion or that kind of abortion committed by a person who, without intending the abortion, however voluntarily 2. employs physical violence upon a pregnant woman, which violence causes her to abort. Penalty: Prison correccionalIin its minimum and medium periods 3. Abortion Practiced Practiced By The Woman Woman Upon Upon Herself Or With Her Consent, Consent, which is punished by: in its medium and maximum periods Prison correccional in If committed for the purpose of concealing her dishonour, Prison correccional in in its minimum and medium periods 4. Abortion Praticed Praticed By The Parents Parents Of The Woman Woman With Her Consent, Consent, which is punished by: Prison correccional in in its medium and maximum periods 5. Abortion Practiced Practiced By A Physician Physician Or Midwife. Physicians or midwives who taking advantage of their scientific knowledge or skill, shall cause an abortion for assist in causing the same, shall suffer the same penalties as those imposed for intentional abortion.   

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Dispensing OfAbortiveis OfAbortiveis the unlawful dispensing of any abortive by any pharmacist without the proper prescription from a physician. Mutilation is the deliberate lopping or clipping off of some part of the body of another person with the purpose of depriving the person of that part of his body. If the mutilation was committed without without deliberate intent of depriving the person of that part of his body, it will be considered as physical injuries. Mutilation of the reproductive organs such as the penis and ovary is considered castration. castration. Physical Injuries can be: 1. Serious physical injuries consist of wounding, beating, assaulting and administering injurious substances to another person which may be committed by reckless imprudence or negligence. The harm or injury inflicted on a person will be considered serious physical injury when: The injured person becomes insane, imbecile, impotent or blind. 



The injured person loses the use of speech, power to hear or smell, loses an eye, a foot, a hand, an arm or a leg, or becomes incapacitated for the work in which he/she is habitually engaged. engaged. The person injured becomes deformed or loses any other member of the body, becomes incapacitated or ill for the performance of the work in which he was habitually engaged for more than 30 days. 2. Less serious physical injuries is a harm or injury inflicted on a person which incapacitates the person for labor for 10 days or more but no more than 30 days or needs medical attendance for the same period of time. 3. Slight physical injury is an injury or harm inflicted on a person which incapacitates the offended party from one to nine days or requires medical attendance during the same period. Slight physical injury may be committed by ill treatment of another person; the evidence of actual injury may not be present. Rape may be classified into: 1. Rape By a Man of a Woman – This is the felony committed by a man who has carnal knowledge pf a woman under any of the following circumstances: Through force, threat or intimidation intimidation When the offended party is deprived of reason or otherwise unconscious By means of fraudulent machination or grave abuse of authority When the offended party is under twelve years of age or is demented, even though none of the circumstances mentioned above are present. Rape By Any Person of Another Person – This is the felony committed committed by any person who commits an act of sexual assault either: 2. By inserting his penis penis into another person’s mouth or anal orifice, or By inserting any instrument or object into the genital or anal orifice of another person, under any of the following circumstances: Through force, threat or intimidation When the offended party is deprived of reason or otherwise unconscious unconscious By means of fraudulent machination or grave abuse of authority When the offended party is under twelve years of age or is demented, demented, even though none of the circumstances mentioned above are present. CRIMES AGAINST LIBERTY AND SECURITY ILLEGAL DETENTION is the crime committed by a private individual who unlawfully deprives another person of liberty. This may be committed by hospital personnel who refuse to discharge patients and would not allow them to leave the hospital because non-payment of hospital bill ABANDONMENT OF PERSONS IN DANGER is the crime committed by anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded for in danger of dying, when he can render assistance without detriment to himself. It is also committed to anyone, who having found an abandoned abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. ABANDOMENT OF ONE’S VICTIMS is committed by anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured; and LIGHT THREATS means a threat to commit a wrong not constituting a crime, and that there is a demand for money or that other condition is imposed, even though that condition condition is not unlawful. Thus a midwife who threatens a patient that he will suffer severely from his disease of he will no take his medications or will not sign the consent for surgery may be liable for light threats. GRAVE THREATS are committed by any person who shall threatened another with the infliction upon the person, honor or property of the latter or of his family of any wrong. A midwife who threatens a hospital director that she will publish to a newspaper evidence of graft and corruption committed by the hospital director if the latter does not accept her job application may be charged of grave threats GRAVE COERCIONS can be committed by a person either by: 1. Preventing another person by means of violence from doing something and prohibited by law 2. Compelling another by means of violence to do something against his will, whether it be right it wrong REVELATION OF SECRETS is committed by an employee, manager, or servant who learns the secret of his principal or master in such capacity and reveals such secrets. This crime may be committed by midwives who reveal the secrets of their patients to other persons. The midwife must always remember remember that she is duty bound to keep all secrets entrusted to her by her patients even after the death of her patient. The midwife may reveal these secrets only with: 1. The permission of the patient 2. When its revelation is necessary for the common good 3. When there is a court order that requires her to reveal them CRIMES AGAINST PROPERTY ROBBERY is committed by any person who, shall take the personal property belonging to another with the intent to gain by means of for ce, intimidation of any person, or using force upon anything. THEFT is committed by any person, who with intent to gain but without violence against, intimidation of neither persons nor force upon things, shall take the personal property of another without the latter’s consent. A person who has found lost property and fails to deliver the same to the local authorities or to its owner is also guilty of theft. SWINDLING OR ESTAFA is the crime committed by any person who defrauds another. MALICIOUS MISCHIEF is the crime committed by any person who deliberately causes to the property of another any other damage (id est, not falling within the terms of Arson and Other Crimes Involving Destructions). DESTRUCTIVE ARSON is the crime committed by any person who burns a building, train, ship, airplane, etc. CRIMES AGAINST CHASTITY ADULTERY is the crime committed by any married woman who has sexual intercourse with a man not her husband and by the man who has carnal knowledge of her. CONCUBINAGE is committed by any married man who either: 1. Keeps a mistress in a conjugal dwelling 2. Has sexual intercourse, under scandalous circumstances, with a woman who is not his wife 3. Cohabits with a woman not his wife in any other place 

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ACT OF LASCIVIOUSNESS refers to an act or conduct that is lewd or lascivious. “Lascivious” means lustful, or tending to produce voluptuous or lewd emotions; and the term “lasciviousness” comprises comprises all acts of lasciviousness performed upon a person of either sex short of lying with a woman and anything leading up to it, independently of the intention of the wrongdoer. SEDUCTION means withdrawing withdrawing a person from the path of rectitude. As a felony, it may be simple or qualified: Simple Seduction refers to a seduction of (or the unlawful carnal intercourse with) a woman who is single or a widow of good 1. reputation, over twelve but under eighteen years of age, committed by means of deceit. 2. Qualified Seduction is the seduction of a “doncella” (or virgin) over twelve years and under eighteen years of age, committed by committed by any of the following: Any person in public public authority; authority; Priest: Home-servant: Home-servant: Domestic: Domestic: Guardian: Guardian: Teacher Any person who, who, in any capacity capacity shall be entrusted with with the education education or custody custody of the woman woman seduced seduced Any person who who seduces his his sister or descendant, descendant, whether whether or not not she is a virgin or over eighteen eighteen years of age ABDUCTION is ABDUCTION is the kidnapping of a woman by removing her from her home, or from whatever place she may be, to take her to some other, with the intent to marry or corrupt her (“libidiniscausa”). (“libidiniscausa”). It may be forcible or consented: 1. Forcible Abduction, as a felony, is the abduction of any woman against against her will and with lewd designs 2. Consented Abduction, as a felony, is the abduction of a virgin over twelve and under eighteen years of age, carried out with her consent and with lewd designs CRIMES AGAINST CIVIL STATUS OF PERSONS Simulation of Birth is committed by a woman who pretends that she is pregnant when in fact she is not, and on the day of the supposed delivery takes the child of another as her own. The woman who simulates birth and one who furnishes the child are both responsible as principals. SUBSTITUTING ONE CHILD FOR ANOTHER is committed by a person who exchanges babies without the knowledge of their parents with the intention to cause the loss of any trace of their filtrations. CONCEALING OR ABANDONING A LEGITIMATE CHILD with the intent of causing such a child to lose its civil status CRIMES AGAINST HONOR LIBEL is a public and malicious imputation of a crime, or a vice, or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt contempt of a natural or juridical person or to blacken the memory of the one who is dead. Libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic cinematographic exhibition or any similar means. SLANDER is oral defamation.Defense defamation.Defense or libel are proof of truth, it was made with good motives and for justifiable end. QUASI OFFENSES = It should be remembered that imprudence imprudence or negligence is not a crime in itself but simply a way of committing a crime. SIMPLE IMPRUDENCE consists in the lack of precautions displayed displayed in those cases in which the damage impending impending to be caused is not immediate nor the danger clearly manifested. RECKLESS IMPRUDENCE consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment and occupation, degree degree of intelligence, physical condition and other circumstances regardless of persons, time and place. Imprudence indicates deficiency of action or skill. Imprudence may be avoided by taking the necessary precaution once wrongful acts are foreseen. NEGLIGENCE is the lack of foresight or deficiency of perception. Negligence is avoided by paying proper attention and using due diligence in foreseeing wrongful acts. Three Kinds of negligence Contractual Negligence or Negligence or Culpa Contractual – Contractual – Negligence Negligence that results from breach of contract. There is pre-existing contract and 1. negligence resulted from failure to carry out the contract 2. Civil Negligence or Culpa Aquilianaor Aquilianaor Tort Tort or Quasi-Delict. Quasi-Delict. There is no pre-existing contract except that there is a duty to be careful in all human actuations. 3. Criminal Negligence or Culpa Criminal – Criminal – Negligence Negligence that results in the commission of a crime. Levels of Prevention 1. Primary level 1 - individual’s capacity is good experiences no ill ness - immunization immunization - health education - maintaining good habits - avoidance of unhealthy ways of living - sufficient nutrition - personal development development thrucounselling thrucounselling - adequate housing - recreation - agreeable conditions in home - occupation - sex education and counselling - water purification, sewage disposal, etc. 2. Secondary Secondary Prevention Prevention - individual is recovering recovering from disease. Some aspects of his capacity are weakened weakened by disease and should be protected from potential complications. - identifying potential complications complications - implementing implementing measures - handwashing prior to nursing care - casefinding casefindi ng - prompt and adequate treatment 3. Tertiary Level - to enhance remaining capacities and prevent deterioration due to disuse/unused disuse/unused - physical, speech, respiratory and occupational therapies. BASIC HEALTH SERVICES: 1. MCH 2. Epidemiology 3.Vital and Health Statistics 4.Environmental 4.Environmental Sanitation5. Communicable Communicable Disease Control MCH 1. Maternity care – care – prenatal, intranatal, postnatal 2. Child care – care – neonatal, Under 5 3. Family Planning – Planning – interconceptional interconceptional care COMMUNICABLE DISEASE CONTROL Three (3) General Aspects of preventive phase: 1. health promotion – promotion – health habits, nutrition, nutriti on, health education 3. early diagnosis and treatment – treatment – prevent prevent complication 2. specific protection – protection – immunization immunization Responsibilities Responsibilities of the Midwife: 1. Report existence of communicable communicable disease 3. Teach/demonstrate/superv Teach/demonstrate/supervise ise good nursing care 2. Find out what family knows about preventive preventiv e control measures 4. Assist/guide Assist/gu ide in seeking prompt medical attention   



HEALTH EDUCATION = EDUCATION = Health education is the process whereby learning situations and experiences are created for the people so they may be influenced to change their undesirable health knowledge, knowledge, attitudes and practice for the improvement of personal, family and community health. General Aims of Health Education 1. Persuade people to adopt and sustain healthful life practice 2. to use wisely the health services available to them 3. to take their own decisions to improve their their health status and environment environment Principle of Health Education 1. Consider health status of the people 8. Achieved by doing 2. Health education is learning 9. It is a slow continuous process 3. It involves motivation 10. Makes use of complimentary aids and devices 4. Basic function of all public health workers 11. Utilizes community resources 5. Takes place in the home, school and community 12. Creative process 6. It is a cooperative effort 13. Helps people attain health thru their own efforts 14. Makes careful evaluation of planning, organization and implementation 7. Meets the needs , interests and problems of people affected ASPECTS OF Health Education 1.Information 1.Informat ion 2.Communication 2.Communicatio n 3. Education Teaching Strategies used in Health Education 1. Lecture/discussion Lecture/discussion 2. Group work 3. Demonstration Demonstration and practice Seven Steps to Health Education: 1. make the community diagnosis 5. Show people what they can and what they want 2. Make health education plan 6. Record health education 3. Make friends with people you teach 7. Evaluate health education 4. Find people’s wants DR. KNOWLES ADULT LEARNING THEORY: - Adults have a need need to know know why they they should leans leans something something - Adults have a deep deep need to be self-directing self-directing - Adults have a greater greater volume volume and different different quality of experience experience than than youth - Adults learn better better if they understand understand how learning will help them them - Adults enter into a learning experience experience with a task-centered task-centered orientation to learning - Adults are motivated motivated to learn by both extrinsic extrinsic and intrinsic motivators motivators ENVIRONMENTAL SANITATION = Prevention and control of diseases by eliminating or controlling the environment factors Major fields of Activity 1. water supply sanitation 2. excreta and sewage disposal 3. control of rodents and insects 4. refuse storage collection and disposal 5. food sanitation 6. community sanitary survey 7. vital statistics Sanitary Toilets 1.water sealed toilets 2. sanitarypitprivy Communal toilets Unsanitary Toilets 1. Over - hung 2. antipolo 3. Cat hole Sewerage – Sewerage – system system of pipes, pumps, devices for collection, transportation and final disposal of waste water. Sewer – Sewer – pipe, pipe, conduct or channel intended to convey sewage Sewage – Sewage – waste waste water Refuse disposal methods in the home:1. burial 2. Burning3.feeding Burning3.feeding to animals 4.composting 5. Grinding and disposal Community refuse disposal: 1. dumping on land 2. sanitary land fall 3. composting 4. incineration 5. reduction 6. Zero-solid waste management management (latest method) VITAL HEALTH STATISTICS - Refers to births, deaths, population, population, illness, marriages, and divorces - Application of statistical statistical methods methods and techniques techniques to the the study of vital vital facts such as as those concerning concerning births, marriages, marriages, deaths deaths and illness Crude Birth rate = no. Of registered registered live births x 1000 Population Crude Death Rate = no. Of deaths in a year x 1000 Population Maternal Mortality = no. Of deaths form maternal causes x 1000 Live birth Neonatal Mortality Rate = Details under 28 days x 1000 Live births Infant Mortality Rate = Deaths below 1 year x 1000 Live births EPIDEMIOLOGY – EPIDEMIOLOGY – scientific scientific study of factors that influences frequency frequency and distribution of diseases in man. Steps in Epidemiological Epidemiological investigation: 1. Establish fact of presence of epidemic a. verify diagnosis b. reporting c. unusual prevalence of disease should be noted 2. Establish time and space relationships of the disease 3. Relation to characteristics of the groups or community 4. Correlation of all date obtained Other Responsibilities of the Midwife: 1. Community Mobilization Mobiliza tion 2. BHWs and Hilots 3.Counseling 3.Counselin g 4. Midwives records - Target Client List - HBMR - Individual treatment record - Certificate of live birth - FHSIS Form E2 (Maternal Death) - FHSIS Form E3 (Perinatal Death) 7|The House of Quality Review, The Home of Topnotchers!


Purpose of Records Keeping 1. Follow – Follow – up patients 2. Ensure quality care 3. Facilitate work Responsibilities Responsibilities of the BHWs: 1. regular visit in her areas 2. register every pregnant woman and motivate for prenatal and FP 3. submit complete BHW registry of pregnancies to the midwife in charge every month Responsibilities Responsibilities of the Hilots: 1. supplement role role of the midwife midwife 2. trained by BHW to make her practice safe and help her and the midwife work together Midwife’s Responsibilities Responsibilities towards BHWs and Hilots 1. help organize monthly meeting will all trained hilots in the catchment area of the RHU 2. Upgrade their skill in management management of labor and delivery 3. help maintain their delivery kit 4. Identify those untrained and encourage to train Counseling Skills needed by midwives: 1. Give clear and correct information in words the mother can understand.

4. Update Statistics

4. After giving information, ask the mother to explain it back to you

2. Listen to what the mother has to say 5. Repeat important information informatio n 3. Show respect and understanding understanding 6. Do not give too much information at one time COMMUNITY HEALTH 1 Home Procedure: = Home Visit: A professional contact made by midwife on behalf of the patient to further the activity of the agency. Principles of Home Visit: 1. Planning 2. Socialization 3.Professional 4. Closing Factors affecting frequency on the visit: 1. needs of the family2. acceptance of services3. number of personnel involved in the case4. ability of t he patient to absorb health education

Antenatal Home Home Visit: Objectives of Care 1. Baby 1.1 Do cord inspection 1.2 Physical assessment 1.3 Take the weight 1.4 Take the temperature 1.5 Bath 2. Mother 2.1 Physical Assessment;Eyes, Neck, Ears, breast-lactating, breast-lactating, Nose, Nipples, Mouth ,Abdomen – ,Abdomen – Measure Measure the fundus with fingers Lochia – Lochia – color, color, odor, amount = Perineum – Perineum – condition condition on episiotomy or laceration Lower extremities – extremities – varicosities, edema, “milk leg” 2.2 Get Vital Vital signs 2.3 Give health teachings Health Center / Activities: Prenatal Clinic Routine: 1. pre-consultation pre-consultation – history taking, weight, vital signs, urine exam 2. Consultation – Consultation – FH, Leopold’s FHB 3. Post Post consultation: consultation: - interpret doctor’s orders - health teachings - give appointment appointment for next visit Test for albumin – albumin – Heat Heat and Acetic Acid Test 1. heat urine (2/3 of test tube) 2. observe result: Clear = (1) negative Cloudy = add 3-5 gHs. Acetic acid and heat again 3. Result after second heating: Clear = (-) Cloudy = (+) Test for sugar – sugar – Benedict’s Test: 1. Heat Benedicts solution (2/3 of test tube) 2. Add 3-5 gHs. Urine 3. Results: - blue (-) negative / - blue green – green – trace trace /- yellow green - +1 to +2/- yellow orange / brick red +3 to +4 care – A A partnership approach among community, government and private sector PRIMARY HEALTH CARE CONCEPTS = Primary Health care – which focuses on performance of community participation in identification of health and health related problems, seeking solutions to improve socio-economic development of community with emphasis on role of the community in development of the individual. Elements of PHC: 1. Education on prevailing health problems 5. Prevention and control of locally endemic diseases 2. Promotion of adequate food supply and proper nutrition 6. immunization 3. Basic sanitation sanitati on and adequate food supply of safe water 7. Treatment of common diseases and injuries injurie s 4. MCH including family planning 8. provision of proper use of essential drugs and herbal medicine. PHC activities in the barangay: 1. Social preparation and organization organization of the barangay for PHC. PHC. 2. Survey of basic health, social and economic needs 3. Health related activities: 3.1 cleaning and maintaining water canals 3.2 compost making 3.3 construction and use of water scaled toilets 3.4 herbal gardens 3.5 income generating projects 3.6 maintenance of health facilities PHC APPROACH: Community based /Accessible /Accessi ble / acceptable / Sustainable Sustainabl e / affordable affordabl e CORNERSTONES OF PHC - Active community community participation - Intra and intersectoral intersectoral linkages linkages - Support mechanism mechanism - Appropriate technology technology DOH PROGRAMS CDD – CDD – Control Control of Diarrheal Diseases Preventive measures: 1. Breastfeeding Breastfeed ing 2. Handwashing 3.Use of clean water 4. Use of latrine 5. Proper preparation preparati on of weaning food 6. Measles immunization immunizatio n


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