1

NOTES TO NURSING JURISPRUDENCE - They are acts ( doing an act) or

( Atty. Aleth Joyce T. Cubacub) omission ( not doing an act
required in the statute)
Preponderance of evidence punishable by law
- Required only in civil cases - Usually punishable by the revised
- Not the same as proof beyond penal code ( RPC)
reasonable doubt which is - They are committed by means
required for criminal cases of :
- Evidence which is more a. Deceit or dolo
convincing to the court as worthy • When the act is performed
of belief than that offered in with deliberate intent
opposition thereto b. Fault or culpa
• When the wrongful act results
Beyond reasonable doubt from imprudence, negligence,
- Required in criminal cases lack of foresight or lack of skill
- Innocent until proven guilty
- Evidence which produces
conviction in an unprejudiced CLASSIFICATION OF FELONIES
mind
- Does not mean such degree of According to Manner or mode of
proof as excluding the possibility execution
of error, produces absolute a. Intentional felonies – committed
certainty. by means of deceit or malice
- Rather, moral certainty is only b. Culpable felonies- where the
required wrongful act results from
imprudence, negligence, lack
Administrative cases of foresight or lack of skill
- Mere substantial evidence
According to stage of execution
Doctrine of res ipsa loquitur a. Consummated –
- Latin: The thing or the transaction
• all elements necessary for its
speaks for itself
execution and
- Can be applied with the doctrine
accomplishment are present
of common knowledge
b. Frustrated-
- The courts determine whether a
• when the offender performs
certain set of circumstances
all the acts of execution which
does, as a matter of law, permit a
would produce the felony as a
given interference
consequence but which
- Test whether common knowledge
nevertheless do not produce it
and experience teach that with
by reason of causes
exercise of due care, the incident
independent of the will of the
would not have occurred
perpetrator
c. attempted –
Doctrine of damnun absque injuria
- Although there was physical • when the offender
damage, there was no legal injury commences the commission
- Even if there is damage, the of a felony directly by overt
circumstances does not entitle acts , and does not perform
him to claim legal injury all the acts of execution which
should produce the felony by
CRIMINAL LAW reason of some cause of
- Covered by the Revised penal accident other than his own
code spontaneous desistance
- Branch or division of public law
which defines crimes, treats of According to gravity
their nature and provides for their a. grave felonies
punishment • those to which the law
attaches the capital
Felonies punishment or penalties
which in any of their periods
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are afflictive in accordance • Were it not for the inherent

with art 25 of the RPC impossibility of its
b. less grave felonies accomplishment or on
• the law punishes with account of the employment of
penalties which in their inadequate or ineffectual
maximum period are means
correctional
c. light felonies Error in personae ( mistake in the
• those infractions of law for the identity of the victim)
commission of which the - Two officers were ordered to
penalty or arresto menor or a arrest A, an escaped notorious
fine not exceeding 200 pesos convict and proceeding to the
or both is provided house of A, they saw a man
sleeping with his back towards
MALA IN SE VS MALA PROHIBITA the door
• Then they fired at him
Mala in se • Turned out to be B and not A
- are crimes which are wrong from • Still they are guilty of murder
their nature • Killing of a sleeping man
- rape, murder, theft etc without making an inquiry is a
- inherently immoral or wrong felony
- these crimes are usually - Mistake in the identity
embodied in the RPC (revised
penal code) Abberatio ictus
- Mistake in the blow
Mala prohibita - X wanted to hit A but instead hit
- merely wrong becase they are B superficially and killed F, his
prohibited by statute father. X is still criminally liable
- illegal possession of firearms for attempted homicide with
parricide ( father of X)
Nullum crimen, nulla poena sine
praevia lege poenali (Latin, lit. "No Praeter intentionem
crime, no punishment without a previous - Injurious result is greater than
penal law") that intended
- this basic legal principle has been - A slapped B and B fell on the
incorporated into international ground and died. A is liable for
criminal law. It thus prohibits the the death of B even if it was mere
creation of ex post facto laws to slapping.
the disadvantage of the
defendant The wrong done must be direct and
- The maxim states that there can natural consequence of the felonious act
be no crime committed, and no - Proximate cause
punishment meted out, without a • That which in natural and
violation of penal law as it existed continuous sequence ,
at the time. Another consequence unbroken , by any efficient
of this principle is that only those intervening cause, produces
penalties that had already been the injury and without which
established for the offence in the the result would not have
time when it was committed can occurred
be imposed • Immediate cause
• If the driver of the bus
Incurrence of criminal liability announced “tuguegarao” but
a. Any person committing a felony actually it was a few minutes
( delito) although the wrongful from the place and when a
act done be different from that passenger would stand up
which he intended and and fall because the bus
b. Any person performing an act gained speed again, the
which would be an offense driver is held liable for the
against person or property injuries sustained
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•The proximate cause is the reasons of public policy, no penal

wrong announcement liability
Impossible crime - Non-imputability , grounds for
- Act performed with malice which exemption from punishment
would have been an offense because there is wanting in the
against persons or property, were agent of the crime any of the
it not for the inherent conditions that make the act
impossibility of its voluntary or negligent
accomplishment on account of - A person must act with malice or
the employment of inadequate or negligence to be criminally liable
ineffectual means • One who acts without
- Penalty of arresto mayor or a fine intelligence, freedom of action
ranging from 200 to 500 or intent does not act with
- A saw B lying down, whom he malice
though was only sleeping. So with • One who acts without
intent to kill, he stabbed B negligence, freedom or action
several times on his chest. It or fault does not act with
turned out that B had been dead negligence
30 minutes ago.
- the law provides for a 1. Imbecile or insane person unless
punishment because there is a acting during lucid interval
criminal tendency on the part of 2. Person under nine years of age
the offender even if there was 3. Over nine years and under 15
inherent impossibility of the unless he has acted with
means employed discernment
4. any person, who while performing
CIRCUMSTANCES AFFECTING a lawful act with due care, causes
CRIMINAL LIABILITY an injury by mere accident
without fault or intention of
1. Justifying circumstances causing it
- The act of a person is said to be 5. any person who acts under
in accordance with the law compulsion of an irresistible force
- The person is deemed not to 6. any person who acts under the
have transgressed the law and is impulse of an uncontrollable fear
free from both criminal and civil of an equal or greater injury
liability • If A with a revolver in his hand
- No crime, no criminal liability threw a knife at B, and
1. Self defense ordered him to kill C, a person
• All elements must concur sleeping nearby otherwise, he
1. There must be an unlawful will shoot B. the latter can ask
aggression on the other party exemption from criminal
2. There is reasonable necessity of liability if he stabbed C to
the means employed to prevent death
or repel the act of aggression 7. Any person who fails to perform
3. There is lack of sufficient an act required by law when
provocation on the part of the person prevented by some lawful or
defending himself ( you must not be the insuperable cause
initiator of the unlawful aggression) • A policemen who arrested a
2. Defense of relatives man who killed another
3. Defense of strangers person. The incident
4. Avoidance of greater evil or injury happened on a Saturday and
5. Fulfillment of duty or exercise of the police only filed the report
a right or office on Monday. They are excused
6. Obedience to an order of a because there is no court on
superior week ends. Prevented by
lawful or insuperable cause
2. Exempting circumstances
- There was a crime committed 3. Absolutory causes
and there is a criminal but for
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- Those where the actors are 5. An act in vindication of a

granted freedom from charge grave offense to the
- Immunity from burden for person committing the
reasons of public policy or felony , his spouse ,
sentiment even if it constitutes as ascendants, descendants ,
a crime brothers or sisters or
A. Accessories with respect to their relatives by affinity within
spouses , ascendants, brothers, the same degrees
sisters or relatives by affinity 6. Acting upon an impulse so
within the same degrees except powerful, as naturally to
those provided by law have produced passion or
( understood that families protect obfuscation
each other) 7. Voluntary surrender
B. Spouse or parent who inflicts less 8. Deaf and dumb, blind in
serious or slight physical injuries two eyes or suffering from
on their spouse/ daughters when physical defect which
caught in the act of sexual restricts his means of
intercourse with another action , defense or
C. Any person who entered communication with his
another’s dwelling to prevent fellow beings
serious harm to himself and the 9. Illness that would diminish
occupants will power without
D. Theft or swindling or malicious depriving him of
mischief committed by spouses, consciousness
ascendants, or descendants or 10. Similar or analogous cases
relatives by affinity in the same
line, IF living together CLASSIFICATION OF PENALTIES
E. Instigation – innocent and was
only induced by the public officer 1. Capital punishment
to commit the crimes and the a. Death
officer is a principal by 2. Afflictive penalties
inducement or by indispensable a. Reclusion perpetua- 30 years
cooperation. b. Reclusion temporal – 12 Years, 1
day to 20 years
4. Mitigating circumstances c. Perpetual or temporary absolute
- Those which do not entirely free disqualification
the actor from penal d. Perp. Or temp special
responsibility but serve only to disqualification
lessen or reduce the penalty e. Prision mayor – 6 years 1 day to
imposable 12 years
1. Incomplete justifying or 3. Correctional penalties
exempting circumstances a. Prision correctional - 6 months, 1
(when not all the elements day to 6 years
are present to be justified b. Arresto mayor – 1 month 1 day to
or exempt) 6 months
2. Offender is under 18 years c. Suspension
or over 70 years old d. Destierro
3. Offender had not intention 4. Light penalties
to commit so grave a a. Arresto menor – 1 day to 30 days
wrong as that committed ( b. Public censure
pinching but due to it, the
person fell on the ground ---------------
on a rock and died) CONTRACTS
4. When there was sufficient - Meeting of the minds between
provocation or threat on two persons
the part of the offended - One binds himself with respect to
party that immediately another, to give something or
preceded the act render some service
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Elements of a contract - Mistake, violence, intimidation,

a. Essential elements undue influence and fraud
a. Consent Vices of declarations
b. Object which is certain - All forms of simulated ( merely
c. Cause / consideration made-up) contracts
• Note that there must be
delivery in real contracts b. Objects of the contract
( affecting real properties • Thing, right or service which is
usually) the subject matter of the
• You must abide with obligations which is created or
formalities of the law ; established
remember the status of c. Cause
frauds , more than 500 pesos • Essential reason which moves
must be in writing, if with real the contracting parties to
properties it must be in a enter into the contract
PUBLIC document – notarized
documents FORMS OF CONTRACTS
b. Natural elements – nature of - There is no specific mandate
contract , presumed by law - Regardless of form but there are
c. Accidental elements – exist only exceptions:
when the parties stipulate so a. When the law requires a form in
order to be valid
Stages in the life of a contract b. Law requires form in order to be
a. Generation – formation of the enforceable
contract
b. Perfection – birth of the contract Statute of frauds
c. Consummation – fulfillment of - Prevent you from fraud
purpose of the contract a. Contracts must be in writing ,
although any form could do
Essential characteristics of a contract • Donations of personal
a. Obligatory force property – writing if above
• Once perfected, a contract PhP 5,000
shall be obligatory to both • Writing- sale of land or any
parties interest
b. Autonomy • Writing- interest in contract of
• Parties are free to enter and loans
establish such stipulations , b. It must be in public document
terms and conditions ( notarized)
c. Mutuality • Involves real property , sale or
• Equality in both contracting donation
parties • Partnership when real
d. Relativity property is involved or when
• Contracts shall take effect immovable properties are
only between the parties, included
their assigns and heirs c. It must be registered
• Chattel mortgage – LTO
Essential requisites of contracts • Large cattle – municipal hall
a. Consent
• Concurrence of the wills of Fraud
contracting parties - Deceit or dolo
• Agreement as to object and - Deliberate or intentional evasion
cause of the normal fulfillment of an
• Perfected from the mere obligation
meeting of the minds 1. Dolo incidente
• If by letter or telegram- from • Incidental fraud
moment there is knowledge of • Committed in the
acceptance performance of a pre-existing
obligation
Vices of the will
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• The remedy is : file for c. Those undertaken in fraud of

damages creditors when they cannot claim
2. Dolo causante was is due them
• Casual fraud d. Things under litigation was
• Fraud employed at the time of deprived when without
the execution of the contract knowledge of the litigant
in order to secure consent, e. Those declared by law to be
• Remedy: annulment because rescissible
of vitiated consent f. Payments made in state of
insolvency ( bankrupt) to the
REFORMATION detriment of others
- You may request for reformation
of instruments or contracts when VOIDABLE CONTRACTS
the true intention of the parties - Those in which all the essential
are not expressed in the elements are present but the
instrument element of consent is vitiated
- Why: because of mistake, fraud, because of
inequitable conduct or accident a. Lack of legal capacity of the one
- Remedy: reformation in order to party
reflect the true intention and b. Mistake
nature of the contract c. Violence
d. Intimidation
Classes of Defective contracts e. Undue influence
a. Rescissible f. Fraud
b. Voidable
c. Unenforceable Voidable contract can be CONVALIDATED
d. Void and inexistent through
a. Prescription
RESCISSION b. Ratification
- Remedy granted by law to c. Loss of the thing which is the
object of the contract through
contracting parties and to 3rd
fraud or fault of the person
persons in order to secure
entitled to annul the contract
reparation of damages caused by
the contract, even if it was valid
PRESCRIPTIVE PERIOD
- It is a valid contract , but
- Must be commenced within 4
becomes defective because of
years from
injury or damage to either of the
a. Time incapacity ends
contracting parties or to 3rd
b. Time of violence, intimidation or
persons
undue influence ends or
Requisites
c. Time of mistake or fraud is
a. There must be a valid or voidable
discovered
contract
b. Must be economic or financial
Unenforceable contract
prejudice or damage
- Those which cannot be enforced
c. Mutual restitution of the object
by a proper action in court
and cause ( giving back of what
- Unless they are ratified
was taken or given)
- Why: entered into without or in
excess of authority , or they did
Contracts which may be rescinded:
not comply with statute of frauds
a. Guardians and wards
or there is no legal capacity for
• When the ward suffers one party
damage by more than ¼ of
the value of the things or Void contracts
objects a. All the requisites prescribed by
b. Representative and absentee law for contract are present BUT
• When the absentee suffers • The cause, object or purpose
damage of more than ¼ of is contrary to law, morals,
the value of the things
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good customs, public policy or • Must be by the testator

public order himself or
b. Are prohibited by the law • Some other person writing the
c. Declared by law to be void testator’s name in his
presence and in his order or
Inexistent contracts direction
- Those which lack absolutely d. There must be witnesses
either in fact or in law one or • It must be attested to by 3 or
some or all of the essential more credible witness
elements of a contract • It must be in the presence of
testator and of one another
Pari delicto • If made in another room
- When both parties are at fault, without the testator or any of
the law will not protect them the witnesses, there is a
- You must go to court with clean defect in the will
hands e. All parties must sign in each and
- You cannot be at fault when you every page of the will on the left
go to court and demand to margin
exercise a right f. All pages must be numbered
- The law will not protect you correlatively in letters placed in
- The law will not aid either party upper part of each page
to an illegal agreement, it leaves g. There must be an attestation
the parties where they are clause
h. Acknowledged before a notary
--- public
WILLS AND SUCCESSION
• Must be with testator and all
witnesses
Succession
i. If testator is deaf or deaf-mute
- Mode of acquisition by virtue of
which property rights and • Must personally read the will
obligations ( inheritance ) are if able to do so
transmitted through death of a • If cannot read, then designate
person, to another either by will 2 person to read it and
or by operation of law communicate to him in more
practicable manner the
Inheritance contents thereof ( problema
- Property and transmissible rights nyo na kung deaf siya at di
and obligations existing at the makarinig. Be resourceful)
time of death and also those j. If the testator is blind
which have accrued thereto since • Read to him twice
the opening of succession • Once by witnesses and the
other by the notary public
Classes of succession
a. Testamentary – made in a will Holographic will
b. Legal or intestate- no will - Entirely written and not before a
c. Mixed notary public
a. Must be entirely written by hand
Requisites of testamentary of testator himself
a. Age- must be at least 18 years b. Dated by hand by testator
old c. Signed by hand
b. Sound mind d. Executed in language or dialect
known to testator
Formalities required in execution of
NOtarial wills Attestation
a. Must be in writing - Act of witnessing the execution of
b. Language or dialect known to will
testator ( the one who died and - Witnesses everything from
who made the will) signing and from execution of the
c. Subscribed and sworn at the end will
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Note: by making a will, you control how c. Procured by undue and improper
your assets are distributed pressure and influence on the
part of the beneficiary or of some
other person
Qualifications of witnesses d. Insane testator or mentally
1. Must be of sound mind incapable of making a will
2. 18 years of age or more e. Executed through force, under
3. Not be blind or deaf or dumb and duress or influence of fear or
4. Must be able to read and write threats
• All must concur f. Signature of testator was
procured by fraud
Disqualified to become witnesses
a. If not domiciled in the Philippines Institution of heirs
b. Convicted of falsification of - Act by virtue of which testator
document, perjury or false designates in his will the person
testimony or persons who are to succeed
c. Any person NOT of sound mind him in his property and
d. Less than 18 years old transmissible rights and
e. Blind, deaf or dumb obligations
f. Cannot read and write ( “and”)
Preterition or pretermission
Modes of REVOCATION OF WILLS - Omission in the will of one, some
a. By implication of law ( implied by or all of the COMPULSORY HEIRS (
law) those legal heirs stated in the
• Decree of legal separation law) in the direct line
• Preterition ( one heir was - Whether they are living at the
intentionally omitted) time of the execution of the will
or born after the death of testator
• Legacy or credit against 3rd
person or remission of debt
Requisites of preterition
was provided in the will and
a. Heir omitted is a compulsory heir
subsequently, the testator
in the DIRECT LINE
brings an action against
b. Omission must be total or
debtor
complete
• Substantial ( material)
• Does not and has not received
transformation of specific
anything at all
thing
• If there is, even if small, then
• When heir, devisee, or
it is not preterition
legatee commits any of the
c. Omitted heir must SURVIVE the
acts of UNWORTHINESS
testator
b. Some overt act ( tearing or
Effect of preterition
burning ) with intent to revoke
- Annuls entirely the institution of
c. Some will, codicil ( attachment,
heirs
subsequent document ) or some
- But the legacies and devisees
other writing executed as
shall be valid
provided in case of wills
• Only insofar as they are
• Codicils must also abide by
INOFFICIOUS
the formalities required by the
- You can file a case for annulment
law in notarial wills
of the settlement if you were
preterited
Grounds for disallowance of wills
( FM PIES)
Substitution of heir
a. Formalities required by law have
- Appointment of another heir so
not been complied with
that he may enter into
b. Mistake of testator or he did not
inheritance in default of the heir
intend that the instrument he
originally instituted
signed should be his will at the
time of fixing his signature
Legitime
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- Part of the property of the dead 5. Refusal without justifiable cause

person which cannot be disposed to support the parent or
to non-heirs because it has been ascendant
reserved by law to certain 6. Maltreatment by word or deed
compulsory heirs 7. Dishonorable or disgraceful life
8. Convicted of a crime with penalty
Compulsory heir – civil interdiction ( prevented
- The law has reserved a portion of from exercising some of your civil
the estate ( property of the dead rights including right to property)
person)

a. Legitimate children and Disinheriting parents or ascendants

descendants , If none, 1. Parents have abandoned their
then legitimate parents children or induced to live a
and ascendants corrupt or immoral life or
b. Legitimate widow or attempted against their virtue
widower ( spouse) 2. Convicted of an attempt against
c. Other illegitimate children the life of testator, his spouse,
( they still get ½ of the ascendant or descendant
equivalent share of a 3. Accused testator of crime –
legitimate child) punishment of more than 6 years
4. You are convicted of adultery of
Disinheritance concubinage with the spouse of
- Act of testator in depriving testator
compulsory heir of his inheritance 5. You cause the preparation of will
for causes expressly stated by by fraud, violence , intimidation
law or undue influence
Requisites 6. Loss of parental authority
a. Disinheritance must be for a 7. Refusal to support
CAUSE expressly stated in the 8. Attempt by one parent against
law ( if not stated in the law, not the life of the other parent ,
valid) unless reconciled
b. Must be effected only through will
c. Legal cause for disinheritance Disinheriting a spouse
must be specified in the will itself 1. Convicted of an attempt against
( state the reasons) the life of testator
d. The cause must be certain and 2. Accused testator of a crime –
true punishment of more than 6 years
e. Total disinheritance and it is groundless
f. Unconditional disinheritance 3. You cause the preparation of will
by fraud, violence , intimidation
Causes for disinheritance or undue influence
1. When a child or descendant has 4. Spouse has been the cause for
been found guilty of an attempt legal separation
against the life of the testator , 5. Reason for loss of parental
his or her spouse , descendants authority
or ascendants 6. Unjustifiable refusal to give
2. When you have accused the support to children and spouse
testator for a crime 7. In bad faith, remarries in violation
• Crime has punishment of 6 of the provisions of the civil code
years or more
• And it is groundless Legacy
3. You are convicted of adultery of - Testamentary disposition to a
concubinage with the spouse of person
testator - Personal property is given
4. You cause the preparation of will
by fraud, violence , intimidation Devisee
or undue influence - Inherit a real property
Heir
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- Either called to succeed by

operation of law or by provision
of a will

Grandfather

Son X daughter, Y

A B C

Degrees of consanguinity
- X is the brother of Y. then he is 2
degrees from Y counting 1 from x
to grandfather and 1 degree
again from grandfather to Y
- A is the cousin of B. then A is 4
degrees from B. so your first
cousin is actually four degrees in
consanguinity to you.
- The diagram must follow this
format in succession