Law and Midwives Midterm

7/27/2019 Law and Midwives Midterm

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LAW AND MIDWIVES


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LAW DEFINED A Rule of conduct or action

formally recognized as binding

and enforced by a controlling

authority.


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CHARACTERISTICS OFLAW It is a rule of conduct or action which determines what

can be done and what cannot be done.

Law is obligatory which means that every person isobliged to follow the law. If a person disobeys the law, a

punishment is imposed on him. It is promulgated by legitimate authority in the Philippines,

the Congress, the Legislative body that enacts the law.

Law is promulgated to regulate the conduct of man andmaintain harmony in society, in order to be useful.

No society can survive without law.


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JURISPRUDENCE Is the science of law. ( Webster1981)

It embraces all the laws enacted by the

legislative body of the State. All rules and regulation promulgated by

those in authority, court decisions adformal principles upon which laws are

based ( Asper, 1990)


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MIDWIFERYJURISPRUDENCEThe practice of midwifery is regulated by the following;

The Midwifery Law

The Constitution of the Republic of the Philippines

Rules and regulation promulgated by the Board of Midwifery and PRC

Decisions of the Board of Midwifery and PRC which has a bearing onthe practice of midwifery.

Decisions of the Supreme Court on cases relevant to Midwiferypractice

The Revised Rules of Court

The National Internal Revenue Code

Others laws which affects the practiced of midwifery

The Labor Code Amendments of previous laws relevant to midwifery practice.


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CLASSIFICATION OFLAW


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1. NATURAL LAWSThe Eternal Lawthat is, Gods eternal plan and

providence for the universe as known

to man by his (mans) reason

Considered to be superior to other laws

and binding to the whole world.


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NATURAL LAWSa. Physical Laws laws of gravity,

govern the movements of material

things.b. Moral Laws set of rules that

establish what is right and what is

wrong as dictated by humanconscience and inspired by the eternal

law.


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2. Positive Lawsa. Divine Positive Laws- that are

promulgated expressly and directly by

God himself. Known to man as

revelation. Ex. The TenCommandments

b. Divine Human Positive Laws- these

are the laws that are promulgated byGods representatives on Earth under

His Divine inspiration ex. Ecclesiastical

laws by the church.


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Human positive Laws-these are the positive laws

promulgated by man.


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Public Lawhuman positive laws that govern

the relationship between the State

and its citizens. These may beclassified as;


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Constitutional Law-is the supreme and fundamental law of

the State.

Criminal Law law that defines crimes,treats, of their nature and provides for

their punishments.

Law of Public Officers that governsthe conduct of those who hold and

exercise public offices and functions.


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Election Law that governs the exercise of right of

suffrage, especially in the selection of

the representatives of the citizens ofthe government

International Law it governs the

relationship between and among statesor nation


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Private Laws that govern the relationship between

members of the society among citizens ofState. They are further classified into;

1. Civil Law that regulate the relations thatexits among members of the society for theprotection of private interests.


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Private Laws Commercial Law that regulate the

commercial or business relations among

members of the society Remedial Law prescribe the methods of

enforcing rights or of obtaining redress for

their invasion


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LAWS AFFECTING MIDWIFERYPRACTICE

Executive Order No. 51 - The Milk code ; aimsto provide safe and adequate nutrition forinfants by protection and promotion of breast

milk. Executive Order No. 209 The Family Code;

marriage is a special contract of permanentunion between a man and a woman entered in

accordance with law for the establishment ofconjugal and family life.


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Letter of Instruction No. 47

this law directs all schools of midwifery,social work, nursing, medicine and allied

medical profession to include family

planning in their curricula.

Presidential Degree No. 825 improper

garbage disposal and other forms of

uncleanliness


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LAWS AFFECTINGMIDWIFERY PRACTICE

Presidential Decree No. 223 created

the Professional Regulation

Commission P.D. No. 148- the woman and child

labour law. States that no child below

14 years old shall be employed.


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P.D. NO. 442 THE LABOR CODE

P.D. No. 48 limits maternity leave

benefits to four children

Presidential Degree No. 69 limits

the number of children to four for tax

exemption purposes.

o e c an you


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. . o. e c an youwelfare code

Presidential Degree No. 996

provides for the compulsory basic

immunization for children andinfants below eight (8 years old)

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