8/14/2019 AGGRAVATING CIRCUMSTANCES-PRINT.docx
1/2
AGGRAVATING CIRCUMSTANCES
Are those attending the commission of a crime and which increase
the criminal liability of the offender or make his guilt more
severe
a. When an offender takes advantage of his public position
b. When the crime is committed in contempt of or with insult to
public authorities
c. When the act is committed with insult or in disregard of the
respect of the offended party on account of his/her rank, age, or
sex
or that it is committed in the dwelling of the offended party,
if the latter has not given provocation
d. When the act is committed with abuse or confidence or obvious
ungratefulness
e. When the crime is committed on the occassion of a
conflagaration, shipwreck, earthquake, epidemic or other calamity
or
misfortune
f. When the crime is committed in a place of worshipg. When the
crime is committed in consideration of a price, reward, or
promise
h. When the crime is committed by means of inundation, fire,
poison, explosion, standings of a vessel or intentional damage
thereto
i. When the act is committed with evident premeditation or after
an unlawful entry
j. When the craft, fraud or disguise is employed
k. When the wrong done in the commission of the crime is
deliberately augmented by causing other wrongs not necessary for
its
commission
ALTERNATIVE CIRCUMSTANCES
Are those which must be taken into consideration as aggravating
or mitigating accdg to the nature and effects of the crime an d
other conditions attending its commission
MORAL TURPITUDE
Act of baseness, vileness or depravity in social or private
duties which a man owes to his fellow man or to society in general,
an act
contrary to the accepted and customary rule of right and duty
between men
MURDER-Is the unlawful killing of a human being with intent to
kill.
HOMICIDE-Killing of a human being by another. It may be
committed without criminal intent, by any person who kills another,
other
than his father, mother, or child or any of his ascendants or
descendants, or his spouse
ABORTION-Expulsion of the product of conception before the age
viability.
- A person who, with the intention of prematurely ending a
pregnancy, wilfully and unlawfully does any act to cause the same
is
guilty
INFANTICIDE-Killing of a child less than 3 days of age
PARRICIDE-Committed by one who kills his/her ascendants or
descendants or his/her spouse
ROBBERY-Crime against a person or property
-The taking of personal property of another person from him or
in his presence constitutes robbery
POINTS TO OBSERVE IN ORDER TO AVOID CRIMINAL LIABILITY
1. Be very familiar with the Philippine Nursing Law2. Beware of
laws that affect nursing practice3. At the start of employment, get
a copy of your job description, the agencys rules, regulations and
policies4. Upgrade your skills and competence5. Acceptance only
such responsibility that is within the scope of your employment and
your description6. Do not delegate your responsibility to
others
7. Determine whether your subordinates are competent in the work
you are assigning them.
8. Develop good interpersonal relationships with your co-
workers, whether they be your supervisors, peers or subordinate
9. Consult your superiors for problems that may be too big for
you to handle
10. Verify orders that are not clear to you or those that seem
to be erroneous
11. The doctor should be informed about the patients
conditions
12. Keep in mind the value and necessity of keeping accurate and
adequate records
13. Patients are entitled to an informed consent
WILLS- Legal declaration of a persons intentions upon death
Testamentary document
because it takes effect after the death of its maker
DECEDENT- a person whose property is transmitted through
succession whether or not he left a will
TESTATOR- if he left a will
TESTATRIX- person making a will is a woman
HEIR- a person called to succession either by the provision of a
will or by operation of law
TESTATE- a person who dies leaving a will
INTESTATE- dies without a will
PROBATE- validation of a will in court
ADMINISTRATOR- one who administers the provision of the will
HOLOGRAPHIC WILL - will written, dated and signed by the
testator
NUNCUPATIVE WILL OR NUNCUPATIONoral will
8/14/2019 AGGRAVATING CIRCUMSTANCES-PRINT.docx
2/2
TESTAMENTARY CAPACITY AND INTENT
1. THE TESTATOR must have expressed intention of making a will.
He must be of right age. He is required to be of sound mind and
to
have clear thinking ability at the time of its execution. He
must be free from undue influence
2. The testator shall name the person who will be in- charge of
carrying out the provisions of the will
3. Properties must be disposed in accordance with legal
requirements
4. The will must be signed by the testator, attested and signed
by at least 3 witnesses in his presence and of one another. i t
must be
in language or dialect known to the testators
5. Every will must be acknowledged before a notary public by the
testator and witnessess
6. Witnesses gto the wills shall be of sound mind, 18 years of
age or more, not blind, deaf or dumb, and able to read and
write
7. A married woman may make a will without the consent of her
husband and without the authority of the court;
