Contract, Wills and

Testaments
• Contract
Meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or to render some service
• An agreement between two or more competent persons upon sufficient consideration to do or not
do some lawful act
• Can be written or oral
 Kinds of Contract
1. Formal Contract - refers to an agreement among parties involved and is required to be in writing
by some special laws
2. Informal Contract - one which is concluded as the result of a written document or correspondence
where the law does not require the same to be in writing, or as the result of oral and spoken
discussion between parties or conduct between the parties, evidence and intention to contract
3. Express Contract - is one in which the conditions and terms of contract are given orally or in
writing by the parties concerned
4. Implied Contract - is one that is concluded as a result of acts of conduct of the parties to which the
law ascribes an objective intention to enter into contract
5. Void Contract - is one that is inexistent from the very beginning and therefore may not be enforced
6. Illegal Contract - is one that is expressly prohibited by the law
 Requisites of a Contract
• Two or more persons must participate
• Parties involved must give consent to the contract
• The object must be specified such as:
1. All things which are not outside the commerce of man
2. All rights which are not in transmissible
3. Future inheritance in cases expressly authorized by law
4. All services which are not contrary to law, morals, good
customs, public order and public policy
• The cause of obligation is established
• Contracting parties must have legal capacity to enter into a contract.
• They must:
1. be of legal age
2. be of sound mind
3. not under the influence of intoxicating drugs, or fear of bodily harm
4. not be suffering from physical disability such as those who are mentally incompetent

Breach of Contract
•failure to perform an agreement, whether expressed or implied, without cause
•the following constitute breach of contract for nursing services:
1.prevention of performance
2.failure to perform because of inconvenience or difficulty
3.failure of cooperation in performance
4.abandonment of duty
5.substitution of performance
6.failure to use due care
• Legal excuses in Refusing, Neglecting or Failure to Perform a
Contract
1. discovery of materials misrepresentation made and relied
upon
2. where performance will be illegal
3. where performance is made possible by reason of illness
4. where performance is made possible by death of patient or
nurse
5. where performance is made for other reasons
6. where contract in insufficient
 Consent to Medical and Surgical Procedures

 Consent
• free and rational act that presupposes knowledge of the thing to
which consent is being given by a person who is legally capable
to give consent
 Nature of Consent

an authorization, by a patient or a person authorized by law to

give the consent on the patient's behalf, that changes touching,
for example, from non-consensual to consensual
 Informed Consent
• It is established principle of the law that every human being of adult years
and sound mind has the right to determine what shall be done with his
own body
• Elements of Informed Consent:
1. diagnosis and explanation of the condition
2. fair explanation of the procedures to be done and use and the
consequences
3. a description of alternative treatments or procedures
4. a description of the benefits to be expected
5. material rights if any
6. the prognosis, if the recommended care, procedure, is refused
Proof of Consent
•A written consent should be signed to show that the procedure is the one
consented to and that person understands the nature of the procedure, the
risks involved and possible consequences
Who Must Consent
•Ordinarily, the patient is the one who gives the consent in his own behalf
•However, if he is incompetent or physically unable and is not an
emergency case, consent must be taken from another who is authorized to
give it in his behalf
 Consent of Minors
• Parents, or someone standing in their behalf, gives the consent to medical or
surgical treatment of a minor
• Parental consent is not needed however, if the minor is married or otherwise
emancipated
 Emergency Situation
• No consent is necessary because inaction at such time may cause greater
injury
 Refusal to Consent
• A patient who is mentally and legally competent (sane mind and of legal age)
has the right to refuse the touching of his body or to submit to a medical or
surgical procedure no matter how necessary, nor how imminent the danger to
his life if he fails to submit to treatment
 Consent for Sterilization
• the husband and wife must consent to the procedure if the operation is
primarily to accomplish sterilization
• When sterilization is medically necessary and the sterilization in an incidental
result such as ectopic pregnancies, the patient's consent alone is sufficient

 WILL
• legal declaration of a person's intentions upon death
• called a testamentary document because it takes effect after the death of its
maker
• an act whereby a person is permitted with the formalities prescribed by law, to
control to a certain degree the deposition of his estate, to take effect after his
death
  Decedent
• Decedent a person whose property is transmitted through
succession whether or not he left a will
 Heir
• is a person called to succession either by the provision of a will
or by operation of law
 Holographic Will
• a will which is written, dated and signed by the testator
 Nuncupative Will
• an oral will
 Legal Requirements
• must be of right age - under 18 years of age cannot make a will
• of sound mind and have clear thinking ability
• free from undue influence
• the testator shall name the person who will be in-charge of carrying out
the provisions of the will
• properties must be disposed in accordance with legal requirement
• the will must be signed by the testator, attested and signed by at least three
witnesses in his presence and of one another
• Every will must be acknowledged before a notary public by the testator
and witnesses
• Witnesses to the wills shall be of sound mind, 18 years of age or more, not
blind, deaf or dumb and able to read and write
 Nurse's Obligations
• the nurse should note the soundness of the patient's mind
• that there was freedom from fraud or undue influence
• that the patient was above 18 years of age
• he should note that the will was signed by the testator, that the witnesses
were all present at the same time and signed the will in the presence of the
testator
• for the protection of the nurse, she should make notation on the patient's
chart of the apparent mental and physical condition of the patient at the
time of making the will and also the fact of his making the will
 Advance directives –
 A legal documents signed by a competent person to provide
guidance for health care ,medical or surgical and decision
(such as removal of life support or decision for an organ
donations) in situations that patients becomes incompetent to
make such decisions.
 Two types of advance directives are
 1.Living will
 2.Durable power of attorney
 Living will legal document used to provide certain future health decisions
only when a person becomes unable to decide and choose options for their
own .
 If terminally ill or permanently unconscious
 It describes the type of medical treatment of a person they wish to have or
receive.
 It can state under what circumstances that is necessary to prolongs ones life
or stopped .
 This applies to treatment including but not limited to-
 Breathing machines ,dialysis, assistive feedings, or actual life support
(respirator )
 There are many things to consider when writing a living will these include –
 If the patients wants the use of equipment such as dialysis machines or
ventilators to help keep alive
 Do not resuscitate (DNR) orders ,instructions not to use CPR if breathing or
heart stops
 If the patients would prefer for fluid or liquid usually by IV and /food or
tube feeding into the stomach if they are unable to eat or drink
 If the patient opts for treatment for their pain ,nausea, or other symptoms
even if they cant make decisions this may called comfort care or palliative
care .
 Durable power of attorney (DPA) for health care also known as medical
power of attorney
 Is a legal document in which the patients names a person to be a proxy
or agent can speak with health care team and other care givers on their
behalf and make decisions according to their wishes or directions either
stated or consented by the patient
 It is done before a medical power of attorney can be used to guide
medical decisions, a person’s physician must certify that the person is
unable to make their own medical decisions.
 The person who can be designated as a proxy or substitute should be
someone the patients knows well and that they can trust to carry out
personal or medical wishes /decisions.
 The appointed proxy or substitute should understand how the patient
should make decisions if the patient is conscious or able
 It is suggested that the patient discusses their decisions and wishes in
detail with the proxy for proper execution when the time comes
 The patient may choose two or more names as back up proxies.
 Applicable crimes under the Revised Penal Code –
 Art 147 illegal associations- this article punishes any group of people who
will form an association intended for committing any acts punishable
under RPC (contrary to public morals)
 Art. 172- falsification by private individual and use of falsified documents
,falsifying, documents, changing, modifying ,passing or possessing of a
document for an unlawful purpose.
 Art. 183- false testimony in other cases and perjury in solemn affirmation
the act of giving falsified testimony while under oath or solemn
affirmation
 Art 210- direct bribery public officer who accepts an offer or promise or
receives gifts or present by himself or through another ,with a view to
committing a crime or in consideration or the execution of an act that
does not constitute a crime but is unjust
 Art. 211-Indirect bribery – is committed by a public officer who accepts a
gift offered to him by reason of his office.
 Art 184- offering false testimony in evidence
 Art 212 corruptions of public officials imposed upon a person who shall
have made the offers or promises or given the gifts or present
 Art 217 – malversation of public funds or property , the offenders
misappropriates public funds for their own personal use or allows any other
person to take such public funds for the later personal use
 Art 246 parricide –any person who kill his father ,mother or child whether
legitimate or illegitimate or any of his descendants (persons children ,
grand children or great grand children ) or ascendants ( ones parents
,grandparents ) or his spouse shall be punished by the penalty of reclusion
perpetua to death .
 “ART. 248. Murder. Any person who, not falling within the provisions of Article
246, shall kill another, shall be guilty of murder and shall be punished
by reclusion perpetua, to death if committed with any of the following attendant
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 or persons to insure or
afford impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
 “Art.249. Homicide. – Any person who, not falling within the provisions of
Article 246, shall kill another, without the attendance of any of the
circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.”
 The elements of Homicide are the following:
 (a) a person was killed;
 (b) the accused killed him without any justifying circumstance;
 (c) the accused had the intention to kill, which is presumed; and
 (d) the killing was not attended by any of the qualifying circumstances of
Murder, or by that of Parricide or Infanticide
 Article 253. Giving Assistance to Suicide. — Any person
who shall assist another to commit suicide shall suffer
the penalty of prisión mayor; if such person lends his
assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusión
temporal.
 However, if the suicide is not consummated, the penalty
of arresto mayor in its medium and maximum periods
shall be imposed.
Art. 256. Intentional abortion. — Any person who shall
intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any

violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall
act without the consent of the woman.
3. The penalty of prision correccional in its medium and
maximum periods, if the woman shall have consented.
ELEMENTS

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, or that

the accused otherwise acts upon such pregnant woman;

3. That as a result of the use of violence, drugs or beverages upon her,

or any other act of the accused, the fetus dies, either in the womb or
after having been expelled therefrom;

4. That the abortion is intended.

ABORTION

Abortion is the willful killing of the fetus in the uterus or the violent expulsion of
the fetus from the material womb which results in the death of the fetus.

FETUS MUST DIE IN CONSUMMATED ABORTION

• If the fetus survives in spite of the attempt to kill it or the use of violence,
abortion is not consummated.
If abortion is intended and the fetus does not die, it is frustrated
intentional abortion when all acts of execution have been performed by the
offender.

• If abortion is not intended and the fetus does not die, in spite of
the violence intentionally exerted, the crime may only be physical
injuries. There is NO FRUSTRATED UNINTENTIONAL ABORTION, in view of lack
of intention to cause abortion.
FETUS MAY BE OVER OR LESS THAN SIX MONTHS OLD

• Under the RPC, abortion ordinarily means the expulsion of the fetus before the
sixth month or before the term of its viability, that is, capable of sustaining life.

• But, as long as the fetus dies as a result of the violence used or the drugs
administered, the crime of abortion exists, even if the fetus is full term.

WAYS OF COMMITTING INTENTIONAL ABORTION

1. By using any violence upon the person of the pregnant woman

2. By acting, but without using violence, without the consent of the woman (By
administering drugs or beverages upon such pregnant woman without her consent)

3. By acting (by administering drugs or beverages) with the consent of

the pregnant woman
ABORTION vs. INFANTICIDE

In Abortion
1. The fetus is still drawing life from its mother;
2. The umbilical chord is not yet cut; or
3. The baby had an intra-uterine life of less than 7 months and is
killed within 24 hours.

In Infanticide
1. The victim is already a person;
2. The umbilical chord is already cut and the infant is still alive;
3. The baby had an intra-uterine life of less than 7 months and it is
killed after 24 hours.
 Laws affecting the practice of Nursing-
 LAWS AFFECTING NURSING PRACTICE
 Republic Acts
 • RA 7164 Philippine Nursing Act of 1991
 • RA 9173Philippine Nursing Act of 2002
 • RA 1080Civil Service Eligibility for those who passed
board and bar exams
 • RA 2328 Philippine Medical Act
 LEGAL ASPECTS

 LAWS AFFECTING NURSING PRACTICE

 Republic Acts
 • RA 4073- Liberalizes leprosy treatment
 • RA 1054- Free emergency medical treatments to employees and laborers
 • RA 4226- Hospital Licensure Act
 • RA 5901- 40 hours/week for nurses in with 100- bed capacity...
 • RA 3573- Reporting of Communicable Diseases
 • RA 6111- Medicare Act
 • RA 6675- Generics Act of 1988
 • RA 6713- Code of Conduct and Ethical Standards for Public Officials/Employees
Prepared by –
Bernardita E.Brillon
RN, RM, MAN, Ph.D.
Ay 2022-2023 first sem.
BSN IV