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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)