Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A.

1  
*It’s a way to decide who wins a civil case based on
which side has stronger evidence. If the both sides
have equal evidences, the plaintiff won't win the case
LAW • involves the rights of private individuals
• punishes crime against persons
Definition of Law - evidence is needed
• rule of conduct pronounced by a controlling authority which - defendant must pay for the damages
may be enforced - preponderance of evidence
• a rule of civil conduct prescribed by the supreme power in a • tort – civil wrong committed by one individual against
state, commanding what is right and prohibiting what is another*not a criminal act; causes harm or loss (e.g. defamation, battery, tresspass, assault;
these ex of intentional torts)
wrong 2. Public/Penal Law – Criminal Law
• a rule or body of rules of conduct inherent in human nature • directed toward the action of an individual that is
and essential to or binding upon human society harmful to the society; laws that concern the general
• Jurisprudence – philosophy of science of law public
- must be proven beyond reasonably doubt
Two Significant Sources of Law • punishes crime against the stateThis standard requires that the evidence
1. Statutory Law – law enacted by Congress, or by state - evidence is needed presented by the prosecution must be so
convincing that there is no reasonable doubt in
legislatures or local legislative bodies - must pay for the damages the mind of the jurors or judge about the
- derived from legislative enactments - preponderance of evidencedefendant's guilt.
- law enacted by this body • crime – an act of commission or omission of violating
2. Common Law law and is punishable
(e.g murder, rape, robbery, burglary, arson,
- results from judicial decision • felony – crime of serious naturefraud, drug trafficking, etc)
- body of law and accumulated decision • misdemeanor – a crime of less serious nature (e.g. vandalism, petty
theft, disordely conduct,
3. Administrative Law public intoxication, simple
assault, tresspass, DUI,
Other Sources of Law • law dealing with the establishment, duties, andetc) powers of
• Constitutional Law – state the principle and provisions for and available remedies against authorized agencies in the
establishment of specific law executive branch of the government
- Presidential Decree • ground for revocation of license
- Republic Act – Congress; Bicameral Parties - CHED – Commission on Higher Education
• Legislature – responsible for enacting laws; congress body - PRC – Professional Regulation Commission
- Congress - BORT – Board of Radiologic Technology
• Judiciary *interprets the law
- Department of Justice Laws in the Philippines – R.A. 4731
- Supreme court • Mala Inse – evil in its nature; act is wrongful from the very
- Court of Appeals beginning Moral turpitude - acts that are fundamentally wrong. (e.g. murder, rape, robbery, assault)
> judiciary system – responsible for reconciling • Mala Prohibita – evil because it is prohibited; there is a law
controversies and conflict that prohibits the act (e.g. speeding, loitering, jaywalking, polluting, copyright infringement,
• Administrative – made by the executive law of government DUI, selling w/o license, building code violations, etc)

- Executive Power of President CIVIL LAW: CONTRACT

*implements & enforces the law
Two Major Classification of Law (L. Torres) Contract
• Civil Law • is the meeting of the minds
- regulates with relationships between private individuals, - bargaining contract – a negotiable agreement between
such as contracts, civil injuries, domestic relations, and two or more parties
partnerships and even the practice of Radiologic - may be on an oral or written form
Technology • an agreement mutually arrived by two or more individuals to
- a body of law that deals with the legal rights between an do a particular thing in exchange for some consideration
individual who’s rights were violated by another person • meeting of minds between two or more parties
> Civil Case – complainant vs. defendant
• a legal agreement between people, companies, etc.
• Criminal Law
• a binding agreement between two or more persons or parties
- law in which the government is directly involved;
• legally enforceable*means that an agreement or obligation can be upheld in court and that
regulate the relationship between individual and legal action can be taken to enforce its terms.
government
Requisites of a Contract
- the law protects the entire community against certain
• two or more persons must participate
acts
> Criminal Case – plaintiff vs. accused • consent – an approval, permission or agreement freely given
and signed voluntarily
Aspects of Law • object or subject matter specified
1. Private/Common Law – Civil Law • cause of obligation is established
• tort law, labor law, contract law - in every obligation, there’s always a corresponding
right
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 2  

• contracting parties must have the legal capacity in entering a > can be transferred from one person to another;
contract individual to bank
invalid when signed by 3. Express Contract
- minors, < 18 years old • a consent is given expressly in writing or verbally
> immediate relative will sign the contract source of proof
- insane - ID - BIR
> valid during lucid intervals – period of time when an - DTR - logbook
insane person is in sound mind - SSS Contribution - pay slip
- imbecile – mentally challenged/retarded - Philhealth Contribution - voucher
- *moron – can be signed by oneself 4. Implied Contract
• parties must be in sound mind • a consent is not given expressly but is deducible from the
• they must not in any way be forced in contract conduct or acts of the parties such as an implied agency
• parties involved must consent to the contract employment proof
- pay slip
Valid Patient Consent Condition - voucher
• the patient must be of sound mind and in legal age Classification of Defective Contract
• the patient must give consent freely 1. Voidable/Annullable Contract
• the patient must be adequately informed the procedure about • consent of one party is defective
to take place - incapacity to give consent either because of
incapacity to give consent
Radiologic Department Contract/Consent - consent is vitiated by:
• written > mistake > undue influence
- invasive procedure or imaging modality guided > violence > fraud
> special procedures with introduction of barium and > intimidation
iodinated contrast media 2. Void/Inexistent Contract
> surgical incision, biopsy, cystoscopy or paracentesis • void abinitio – to be treated as invalid from on set
- procedure requiring sedation and/or anesthesia - valid with judicial declaration
- consent for pregnancy • those which produce no legal effect
• oral – noninvasive procedure • does not exist in the eyes of law
- radiographic examination such as chest, extremities… • law against morale, good custom, public order and
• implied – patient that can’t directly decide for themselves public policy
- unconscious or drunk/intoxicated patient 3. Unenforceable Contract
*A patient who arrives at an emergency room for
treatment but is unable to communicate due to injury or • cannot be enforced in the court because of the existence
Types of Contracts unconsciousness implies consent for emergency care. of:
1. Formal Contract - they were entered in the behalf of another without
• cannot be perfected without special formalities required authority or in excess of authority
by the law - there is non-compliance with the statue of fraud
- will – a legal declaration of a person’s intention - both contracting parties are incapacitated
upon death > between minors
- testator – a person who has made a will 4. Rescissible Contract
- decedent – a person who died whose property is • those validity entered into by the contracting parties, but
transmitted through succession, whether or not they for having caused economic damage or lesion to one
left a will party or to a third party or for having been entered into a
Donations and Mortgages of Real Property fraud of creditors, or without knowledge and approval of
- Inter Vivos – donation given from one living person the judicial authority *valid and enforceable but may be canceled or rescinded by
one or both parties under certain conditions (mistake,
to another incapacity, undue influence, lack of consideration, fraud)

- Mortis Causa – donation given after a person dies; Breach of Contract

effective as the testator passed away • the failure, without legal cause to perform any promise which
> Testamentary Will - involves three witnesses; forms the whole part or parts of a contract
notarized and signed by the witnesses and - prevention of performance
testator > termination in disguise
> Holographic Will - dated, written and signed - failure to perform because of inconvenience or difficulty
by the testator’s own hand - abandonment of duty *happens when one party does not perform
their duties as outlined in the agreement.
> absence without leaving This can involve failing to deliver goods, not
2. Informal Contract making payments, or not completing work
on time.
• law does not require special formalities CIVIL LAW: TORT
Promissory Notes
- negotiable instrument Tort
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 3  

• private or civil wrong or injury 3. Defamation of Character – character assassination/

• reparation of damages provided by the court dishonor; the action of damaging the good reputation of a
• a tort can be a failure to comply to duty or failure to perform person
a duty that leads to harm of another person • libel – written defamation; untruthful written statement
• a wrong committed by a person against another person by about a person that subjects him to ridicule; there must
his property be 2nd person to hear or read the said written article
• exists to protect violator of a law from being sued for an act - cyber libel – defamation with the use of social
of vengeance, to determine fault, and to compensate the media; has an of element of permanency
injured party • slander – oral defamation; untruthful oral statement
• a tort can be either intentional or unintentional about a person that subjects him to ridicule
• a legal wrong, committed against a person or property • slander by deed – defamation by action
independent of a contract which render the person who 4. Invasion of Privacy
commits it liable for damages in a civil action • disclosure of confidential information to unauthorized
• private or civil wrong/injury, including action for bad faith, individuals
breach of contract, for which the court will provide remedy • a wrong that involves the right of person to be let alone
in the form of an action for damages • breach of confidentiality
• involves personal injury or damage, resulting in civil action
or litigation to obtain reparation for damage incurred Unintentional Tort
- danyos perwisyo/indemnification – to compensate a • may be committed when a radiographer is negligent in
person for harm or loss; performance of patient care and the patient is injured as a
result
Relationship of Radiologic Technologist and Patient • three areas of frequent litigation in radiology
• extraordinary diligence; utmost care - patient falls and positioning injuries
• contractual obligation - pregnancy
- errors or delays in diagnosis
Intentional Tort
• purposeful deed committed with the intention of producing Types of Unintentional Torts
the consequence of deed 1. Professional Negligence
• Quasi-Delict/Delicto • punishable by administrative law
- a negligent act or omission which causes harm or • failure of a professional person to act at all times within
damage to the person or property of another accepted standards of a profession
- an act or omission was intentional • commission or omission of an act pursuant to duty than
"delict" refers to wrongful acts that may involve intent
or negligence, while "quasi delict" typically refers to reasonably prudent person to duty in the same
Types of Intentional Torts acts that are negligent but do not involve intent to
harm.
circumstances would or would do not do and acting on
1. Assault and Battery the non-acting of which is proximate cause of injury to
• assault: imminent threat of harmful or offensive bodily another person or his property
contact; a “threat” or an “attempt” to make bodily • Elements/Requisite of Professional Negligence
contact with another person without person’s consent - duty – existence of duty on the part of the person;
- threatening/intimidating the patient involves what should have been done
> direct – assault to a person in authority involves physical contact -
(punching) breach of duty –failure to meet the standard of due
> indirect –assault to an agent of a person in care; deviation from duty
authority doesn't involve physical contact; thru objects (stoning someone) - injury sustained – res ipsa loquitor is applied
poisoning, setting trap, inciting violence)
• battery: an intentional, unconsented touching of another professional negligence
person; an assault that is carried out, doing an > mistaken identity
examination without consent, wrong patient and wrong > defects of equipment such as stretchers and
body part of radiographic examination wheelchairs may lead to falls thus injuring the
2. False Imprisonment or Illegal Detention patient
• unjustifiable detention of a person without legal warrant - causations – the foreseeability of harm resulting
within the boundaries fixed by the defendant by an from failure to meet the standard
act/violation of duty intended to result in such • Negligence – careless neglect, often resulting in injury
confinement - abandonment – leaving a patient after care has been
- usage of unauthorized restraining device initiated and before the patient has been transferred
- restraining a patient without a physicians order to someone with equal or greater medical training
• illegal detention - delayed treatment – a patient shows symptoms of
• arbitrary detention – public detention some illness or disorder, but the doctor decides, for
whatever reason, to wait

 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 4  

> imputed negligence – under certain conditions,

*Negligence of a staff
may be attributed to b. Inadequate/Ignorant Consent – when the patient has not
the negligence of one person can be attributed
the chief-tech or even
the hospital (just one
been informed adequately to make a responsible decision
of ex.) to another • the patient can bring charge of negligence (unintentional
> contributory negligence – is an absolute bar to tort)
recovery in a minority of jurisdictions; a theory • when he/she has had an inadequate consent particular if
in tort law under which a complaining party’s the patient sustains injury (when consent is not obtain,
own negligence contributed to or caused his or battery may be charge)
her injuries
• Common Cause of Negligence Criteria for Valid Informed Consent (L. Torres)
- carelessness • Valid Consent
- ignorance - must be freely given without coercion/force
- lack of skills • Incompetent Patient
• negligence cases - in which a person believes a medical - legal definition: individual who is not autonomous and
professional’s action or lack thereof, caused harm to the cannot give or withhold consent
patient > mentally retarded, mentally ill, or comatose)
- imputed negligence – under certain conditions, the • Informed Subject
negligence of one person can be attributed to - should be in writing and contain the ff.
another > explanation of procedure and risks
- contributory negligence – a theory in tort law under > description of benefits and alternatives
which a complaining party's own negligence > an offer to answer question about the procedure
contributed to or caused his or her injuries > instruction that the patient may withdraw consent
2. Malpractice > a statement informing the patient if the protocol
• a negligent act, committed by a person in professional differs from customary procedure
capacity/negligence • Patient Able to Comprehend
• more specific because it is targeted at the professional - information must be delivered in language
person who is educated, trained, licensed or registered, understandable to the patient
and held accountable to the standards of a profession; - questions must be answered to facilitate comprehension
illegal practice if material is confusing
• involves performing an act that is beyond the scope of
practice Legal Doctrines
• act of negligence/acting beyond the radiologic • Res Ipsa Loquitor
technology standards - “the thing itself speaks”
- form of negligence - “the thing speaks for itself” (commonly used)
> any professional misconduct - is a common law theory on the use of circumstantial
> unreasonable lack of professional skill evidence in tort liability on a negligence theory
• implies the ideas of improper or unskilled care of a - if the patient is obviously injured as a result of the
patient by a radiologic technologist; denotes a stopping radiographer’s actions, it becomes the radiographer’s
beyond one’s authority with serious consequences burden to disprove negligence
• malpractice claims – lawsuits by a patient against a - the defendant is presumed to be negligent where the
physician for errors in diagnosis or treatment instrumentality causing another’s injury was in the
3. Incompetence of Legal Qualifications defendant’s control and where the accident was one
• lack of ability or fitness to discharge results from which ordinarily does not happen in the absence of
discharge to required duty someone’s negligence
• ground for revocation/suspension of the certificate of - ex. imaging the wrong patient/incorrect limb
registration • Respondent Superior
- Code of Ethics - “let the master answer” for the acts of subordinates
> new – Article 2, Sec. 4 and Sec. 5 - Master-Servant Rule
> old – Article 2, Sec. 4 - the liability is expanded to include the liability from the
employee to the master
Informed Consent (L. Torres) > jointly/solitarily liable
a. Simple Consent – a matter obtaining a patients permission - states that, in many circumstances, an employer is
to perform a procedure without the knowledge of the responsible for the actions of the employees performed
procedure within the course of their employment
• express consent – occurs when the patient does not stop • Forcé Majeurea
the procedure from taking place - “irresistible force”
• implied consent – occurs in emergency situations when - act of God/nature
it is not possible to obtain consent from the patient, - fortuitous event, one that is unforeseen or inevitable
his/her parents, or a legal representative
 
 Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 5  

- under Civil Code of the Philippines, no person shall be Distinction between Intent and Motive
responsible for those events which could not be foreseen • intent – demonstrate use of particular means to bring about
or for which, though foreseen, were inevitable, except in desired result; intention/objective or purpose *decision
an action
or purpose to carry out

cases expressly specific by law • motive – moving power which impels on to do an act; the
> e.g. flood, earthquake, fire and accidents reason for doing something
- stewardship – do not harm (steal/break) what isn’t yours
• Quasi-Delict Distinction between Intent and Discernment
- a French legal term/ intentional tort • intent – determination to a certain thing, an aim or purpose of
- a negligent act or omission which causes harm or the mind
damage to the person or property of another, and thus • discernment – mental capacity to judge right from wrong
exposes a person to civil liability as if the act or
omission was intentional Categories of Felonies
• Ignaratia Juris Non Excusat/Ignoracia Legis Non • According to Degree and Attainment of Objectives
- ignorance of the law excuses no one 1. consummated – all elements executed, with successful
• Dura Lex, Sed Lex result
- the law may be harsh, but it is still the law 2. frustrated – performs all acts, but no successful result
• Rescue Doctrine 3. attempted – not all elements executed, no successful
- which anyone who negligently causes harm to a person result
or property may be liable to one who is injured in an
effort to rescue the imperiled person or property Degree of Punishment
• Doctrine of Foreseeability 1. Grave
- the ability to see or know in advance; to reasonably • capital punishment or penalty of > 6 years and one day
anticipate that harm or injury may result because of • a fine of > ₱6,000
certain acts or omissions 2. Less Grave
• Doctrine of Continuing Negligence • punishable by imprisonment ranging from 1 month and 1
- contemplates of an unfailing duty of defendant RT/XRT day to 6 years
to appraise, make necessary investigation or examination • a fine of P200 to ₱6,000
of his patient's injury with reasonable care and skill, 3. Light
failure of whom constitutes of a continuing
If the defendant actduty—meaning
does not fulfill this of they fail to
• punishable by imprisonment ranging from 1 day to 30
properly assess or investigate the patient’s injury—their
negligance inaction can be considered a form of continuing negligence. days
This means that their failure to act appropriately does not just
happen in a single instance; it can have ongoing • a fine of < ₱200
CRIMINAL LAW: FELONY consequences. The negligence continues as long as the
failure to meet their duty persists.
Criminal Acts
Felonies/Delito • Crime
• acts or omissions punishable by the Revised Penal Code - an offense against persons or property against the public
(January 1, 1932) - an act committed or omitted in violation of law
- a law that may be committed not only by means of deceit • Misdemeanor
but also by fault - crime with a lesser offense
• a crime punishable by imprisonment in a state - a general name for a criminal offense which does not in
law amount to the grade of a felony
R.A. 7431 – act of working without license - punishable with fines and imprisonment or both for less
• acted in 1992 – violation as an illegal practice than a year
• violation on this act is not considered felony
Legal Maxim
Classification of Felonies • Nullum crimen, nulla poena sine lege
• According to the Means by Which They are Committed - “there is no crime if there is no law punishing it”
1. Intentional Felonies - the law is legally acted as soon day it is approved and
- dolo – deceit/malice implemented
> freedom – to think and decide to oneself > no retrograde law
> intelligence – understands right from wrong
> intent – to do such acts Criminal Liability – Article IV of the Revised Penal Code
2. Culpable/Unintended Felonies • criminal liability shall be incurred:
- culpa – fault 1. By any person committing a felony (delito) although the
> freedom – to think and decide to oneself wrongful act done be different from which he intended
> intelligence – understands right from wrong - El quees causa de la causa es causa del mal
> imprudent or lack of skill, negligent or lack of causado
foresight > “he who is the cause of the cause is the cause of
While violations of R.A. 7431 carry fines
and imprisonment as penalties, they are the evil cause”
Imagine a radiologic technologist who is responsible for
performing an X-ray on a patient with a suspected fracture. If the
not considered felonies. They are
classified as violations of a special law,
imagine a person who gives a friend a match (the "cause"). If
that friend then uses the match to start a fire that causes
Essentially, this phrase emphasizes  
technologist does not thoroughly evaluate the patient’s history or the idea of indirect responsibility—if
with penalties specific to that statute. damage, the person who gave the match can be seen as the your actions set off a chain reaction
fails to ask relevant questions about the injury, and as a result, This distinction is important when one responsible for the fire, even if they didn't directly start it. that leads to harm, you are still
misses a critical detail that could affect treatment, this may be determining how an offense is treated
considered negligence. responsible for the consequences.
under Philippine law.
 Legal impossibility occurs when a
Factual impossibility occurs when person attempts to commit a
a person intends to commit a crime but the act they are trying
crime and takes steps to do so, to carry out is not actually a crime
but the crime cannot be under the law, regardless of their
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A.
completed due to a factual
circumstance that is unknown to
belief that it is. Here, the conduct
is inherently legal, meaning that
6  
the perpetrator. The person even if the individual successfully
believes they can commit the completed the act, it would not
2. By any person performing an act which would be an
crime, but a condition makes it
impossible to complete.
constitute a crime. • under which the law justifies a person from criminal
offense against persons or property, were it not for the liability for the commission of a crime
inherent impossibility of its accomplishment or an • with criminal liability but within legal bound
account of the employment of inadequate or ineffectual - self-defense – defense of one’s property or defense
means of another
- an impossible crime; doing wrongful acts which > from unlawful aggression
intended to do harm against person and its property > must have reasonable necessity
but not effective, insufficient and not completed > must not lack from sufficient provocation
- Error in Personae – mistake in identity - fulfillment of a lawful duty
> injuring one person who is mistaken for another - obedience to an order from superior
- Abberatio Ictus > order must be lawful
> hitting somebody other than the target due to > superior acting within the scope of practice
the lack of skill or fortuitous instances > ex. RT administration of contrast media to the
- Praeter Intentionem PX – as long as the institution includes it as a
> injurious result is greater than that intended job description
> causing injury graver than intended or expect 2. Exempting
• circumstances under which the law exempt a person
Classifications of Persons Criminally Liable from criminal liability for the commission of a crime
1. Principals • no criminal liability
• is the chief actor or perpetrator of a crime - insane/imbecile - criminally irresponsible
• those who and, abet, counsel, command or induce the - performance of a lawful act causes injury by mere
commission of a crime accident
• a person can be liable as a principal for taking a direct - under 9 years old – Revised Penal Code
part in the execution of the felony > below 15 (Juvenile Justice Act, R.A. 9344)
- direct participation/action – doer of the act DSWD >15 but <18; no liability
- induction – payer - under compulsion of uncontrollable force
- indispensable cooperation – provider of murder - under impulse of uncontrollable fear
weapon by means of lending - failure to perform an act required by law when
• conspiracy prevented by some lawful cause
- a secret plan made by two or more people to do 3. Mitigating
something that is harmful or illegal, by law • those which do not constitute a justification or excuse of
- a joint agreement of two or more persons, the act of the offense in question, but which, in fairness and mercy,
one is the act of all may be considered as extenuating or reducing the
- the action of plotting or conspiring; the act of one is degree or normal culpability
the act of everyone; where the accomplice and - under 18 years old and over 70 years old
accessories becomes principals of the crime > reduced liability
2. Accomplices - no intention to commit so grave a wrong
• may assist and encourage the principal offender with - sufficient provocation/threat preceding the act;
the intent to have the crime committed, the same as the incomplete self-defense
chief actor - immediate vindication for a grave offense;
• an accomplice may or may not be present when the defending a person due to rage
crime is actually committed - voluntary surrender
- directly forcing or inducing other to commit it - suffers from physical defect (deaf, blind or dumb…)
- cooperate in the execution of the offense by - suffer from sickness that diminishes willpower
previous or simultaneous acts - destierro – element of surprise
• accomplice before the crime 4. Aggravating
3. Accessories • those attending the commission of a crime which
• one who is guilty of complicity in crime charged, either increase the criminal liability of the offender or make his
by being present and encouraged it, though guilt more severe
• absent from the place where it was committed - treachery (alevosia); betrayal/breech of trust
• those that are having knowledge of the crime and - taking advantage of superior strength or position
without having participated, therein, either as principals - price, reward, money
or accomplices, take part of the subsequent to its - use of fire, poison or explosion
commission An accessory is a person who helps
another after a crime has been
- calamities; wrongful deeds like stealing
• accomplice after the crimecommitted, typically to assist the - craft, fraud or disguise employed
offender in avoiding capture or
punishment. - evident premeditation/planning
Circumstances Affecting Criminal Liability - cruelty
1. Justifying 5. Alternative
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 7  

• may increase/decrease criminal liability depending on

the nature and effects of the crime Crimes Against Chastity
- relationship: no criminal liability but has civil • rape – forcible sexual intercourse with a person without his
liability orher consent
> killing own parent – increase liability • adultery – sexual intercourse of a married woman with a man
> an infant – increase liability other than her husband
- intoxication • concubinage – cohabitation of a married man with a woman
> excessive drinker vs. occasional drinker other than his wife
> drugged – decrease liability
- degree of instruction/education Crimes Against the Civil Status of a Person
• simulation of birth – crime committed by one who enters in a
Crime Against Honor birth certificate, a birth that did not occur
• defamation – injury to the honor and reputation of another • substitution of one child with another – replacing one child
• slander – oral defamation with another
• libel – written/printed defamation • bigamy – contracting a second marriage when already legally
• slander by deed – an act which causes dishonor to another married to another

Crimes Against Personal Liberty and Freedom Crimes Against Public Interest
• kidnapping – forcible abduction of another • forgery – altering a written for deceit
• illegal detention – detaining a person without a warrant • perjury – telling a lie under oath
• trespassing – entering another personal house or property
without a warrant Crimes Connected with Public Service
• graft – dishonest transaction in public office
Crimes Against Persons • bribery – receiving money or gifts in connection with the
• murder – the unlawful killing of a human being with intent to performance of official duties
kill • corruption – giving money or gifts in connection with the
- 1st degree murder – illegally killing another person with performance of his duties
motive • plunder – take material from (artistic or academic work) for
- 2nd degree murder – killing another person without one’s own purposes or steal goods from (a place or person),
previous deliberation typically using force and in a time of war or civil disaster
• homicide – the killing of a human being to another person
unintended; crime by a person who kills another person other Written Orders Issued by the Court
than his father, mother or child • Summons – a writ commanding an authorized person to
- euthanasia – mercy killing, act of painlessly putting to notify a party to appear in court to answer a complaint made
death of person who is suffering from incurable or against him
distressing disease, criminal charge of homicide • Subpoena – an order that requires a person to attend at a
• parricide – killing one’s ascendant, descendant or spouse; specific time & place to testify as a witness
killing a father or mother • Subpoena Ducestecum – a subpoena that requires witness to
• patricide – killing one’s father bring documents/papers in his possession
• matricide – killing one’s mother • Subpoena Ad Testificandum – a writ commanding a person
• infanticide – killing of a child less than 3 days of age to appear on court and testify as a witness
• abortion – illegal destruction/expulsion and bringing forth • Search Warrant – a warrant authorizing law enforcement
prematurely of the human fetus before natural time of birth officials to search for objects or people involved in the
commission of a crime and to produce them in court
Crimes Against Property • Warrant of Arrest – written order from a magistrate
• theft – the action or crime of stealing without using force commanding someone to take the body of the person
• qualified theft – abuses trust before stealing; a serious crime accused, to be dealt with according to the law.
• robbery – unlawful taking of another person’s property by the
means of force and intimidation or coercion Penalties of Crimes
- burglary – both theft and robbery • Arresto Menor – imprisonment from 1 day to 30 days
• arson – intentional burning of another person’s house • Arresto Mayor – imprisonment for 1 month and 1 day to 6
• sabotage – intentional damage to the property of the months
employer by the employee • Prision Correctional – imprisonment from 6 months and 1
• larceny – involves taking the property of another for his day to 6 years
permanent use • Prision Mayor – imprisonment from 6 years and 1 day to 10
• brigandry – a member of a gang that ambushes and robs years
people
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 8  

• Reculsion Tempora – imprisonment for 12 years and 1 day to - Filipino citizen

20 years - good moral character
• Reculsion Perpetua – life imprisonment without bail - has not been convicted of a crime involving moral
• Death Penalty turpitude
- holder of baccalaureate degree in RT
ADMINISTRATIVE LAW: RA NO. 7431 • Sec. 20. Scope of Examination in XT.
• Sec. 21. Scope of Examination in RT.
Before RA No. 7431 • Sec. 22. Report of Ratings.
1. Civil Service • Sec. 23. Oath-taking.
2. RHS/RHO DOH • Sec. 24. Issuance of Certificates of Registration.
• Medical Radiation Technologist’s • Sec. 25. Fees.
• Medical Radiation Technicians • Sec. 26. Penal Provisions.
3. PRC 1992 • Sec. 27. Appropriations.
• XT’s • Sec. 28. Repealing Clause.
• RT’s • Sec. 29.
• Sec. 30. Effectivity Clause.
Republic Act No. 7431 - February 27, 1992
• An act regulating the practice of Radiologic Technology in - April 22, 1992
the Philippines, creating the Board of Radiologic Technology
defining its powers and functions and for other purposes. Presidential Decree 223 (PD 223)
• Creates professionals by the PRC
Radiologic Technology Act of 1992
• Sec. 1. Title RA 7431 Signatories:
• Sec. 2. Statement of Policy • Corazon C. Aquino – President
- spirit or objective of the act • Ramon Mitra Jr. – Speaker of the House
• Sec. 3. Definition of Terms • Neptali Gonzales – Senate President
• Sec. 4. Practice of XT • Catailo L. Sabio – Secretary General of House of
• Sec. 5. Practice of RT Representative
• Sec. 6. Creation of the Board of RT • Analecto D. Badoy Jr. – Secretary of the Senate
- 4 members; 1 chairman • Hermogenes Pobre – Commissioner; Chairman when R.A.
- appointed by the President 7431 signed into law
• Sec. 7. Qualifications of Board Members • Norberto Palomo – Father of RT education in the
- be a citizen and resident of Philippines Philippines
- be of good moral character
- be at least 30 years of age Board of Radiologic Technology – created on February 27, 1992
- is neither a member of the faculty • Appointed in 1993
• Sec. 8. Term of Office - Hon. Fortunato C. Gabon (0001) – 1st Chairman,
- chairman – 3 years (1995) Radiologic Technologist* former chairman of PRC
- 2 Members – 2 years (1994) > Hon. Dexter Rodelas (0002) – Radiologic
- other 2 members – 1 year (1993) Technologist
> 3 years of term as the vacancies shall be filled only > Hon. Editha C. Mora (0003) – Radiologic
for the unexpired term Technologist*
- Wilhelmina Gana – Incumbent Chairman of the Board > Jose T. Gaffud – Radiologist
• Sec. 9. Duties and Functions of the Boards > Eulinia M. Valdezco – Medical Physicist
- subpoena ducestecum – certain documents - Hon. Nicomedes M. Gopez – 2nd Chairman of the
- subpoena ad testificandum – ordinary documents BORT
• Sec. 10. Compensation of the Board • Appointed in 2014
• Sec. 11. Removal of Board Members - Hon. Wilhelmina M. Gana – Incumbent Chairwoman
• Sec. 12. Supervision of the Board and Custody of its Records > Hon. Zaldy M. Ambon – Radiologic Technologist
• Sec. 13. Rules and Regulation > Hon. Cecilia S. Mananghaya – Radiologic
• Sec. 14. Annual Report Technologist
• Sec. 15. Requirement for the Practice of RT and XT. > Dr. Orestes P. Monzon – Radiologist
- Certification of Registration from the Board > Hon. Bayani C. San Juan – Medical Physicist
• Sec. 16. Exemption from Examination in XT. • Current
• Sec. 17. Exemption from Examination in RT. - N/A
> Hon. Reynaldo Apolonio Tisado – OIC
• Sec. 18. Examination Required.
• Sec.19. Qualifications of Examination.
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 9  

> Hon. Ma. Jesette Canales – Radiologic • RTSLP – Radiologic Technology Student League of the
Technologist Philippines
> Dr. Orestes P. Monzon – Radiologist • PRC – Professional Regulation Commission
> Hon. Bayani C. San Juan – Medical Physicist • BHDT – Bureau of Health Devices and Technology
- machine and device
Resolutions • PNRI – Philippine Nuclear Research Institute
• Resolution No. 1, s. 1993 • NLRC – National Labor Relation Commission
- May 12, 1993
- adaptation of seal/logo for Board of RT Family Clinic
• Resolution No. 2, s. 1993 • 1st school of Radiologic Technology
- May 12, 1993
- registration as RT of 3 members of the Board Norberto Palomo
• Resolution No. 3, s. 1993 • 1st principal
- May 12, 1993 • the father of RT education in the Philippines
- reschedule of XT & RT Licensure Examinations from
December 1993 to June 26 & 27 1993 (1st examination) Luis Ibarra
- Computerized Licensure Examination • 1st most outstanding RT in the Philippines
> December 27, 1993
> released its results on April 9, 1994 Atty. Oscar Romero
> 2nd exam is due to the last Civil Service RHS exam
• Created the code of ethics
was held on 1990
• Author of RT Creed
• Resolution No. 4, s. 1993
- May 28, 1993
Atty. Teresita R. Manzala
- Promulgation of the Code of Professional Ethics for XT
• current president of PRC
& RT
• Resolution No. 2, s. 2014
Republic Act No. 10912
- June 13, 2014
• An act mandating and strengthening the continuing
- Promulgation of the Revised Code of Professional Ethics
professional development program for all regulated
for XT & RT
professions, creating the continuing professional
• Resolution No. 5, s. 2015
development council, and appropriating funds therefor, and
- 2015
for other related purposes
- allowing registered and licensed X-ray Technologists
who finished the Bachelor of Science in Radiologic
Continuing Professional Development Act of 2016
Technology to take and pass the Radiological Sciences
• CPD COUNCIL
subjects in the Board Licensure Examination for
- Dr. Orestes P. Monzon – Chairman
Radiologic Technology (BLERT) in order to become
Board Members
professional Radiologic Technologists
> Hon. Peachy Luna – PART
• Resolution No. 1, s. 2016
> Hon. Abelardo L. Marva III – President/Associate
- 2016
of Dean of RT
- allowing the extraction and administration of the same
• Registered Radiologic Technologist
set and number of test questions for the four (4) common
- 45 CPD units per 3 years or renewal of license
subjects in the board licensure examination for
• Registered X-ray Technologist
radiologic technology (BLERT) and board licensure
- 30 CPD units per 3 years or renewal of license
examination for x ray technology (BLERT)
Related Terminologies
Groups and Associations
• Obligation – act of binding oneself to do something
• PART – Philippine Association of Radiologic Technology
- the only credited and certified association by PRC/APO • Malfeasance – an illegal act, especially by a public official
> Gilberto Palomique – 1st PART president • Misfeasance – an act that is legal but performed improperly
> Mr. Jack Lappay – president when RA. 7431 has • Nonfeasance – a failure to act when under an obligation to
been approved do so
> Rolando Bañares – current president (2014) • Good Samaritan law – law that holds physician and
- PSRGT – government radiologic technologist harmless when rendering aid to a
- SPERT – private person in emergency situation; the law enacted to protect
• PFPRT – Philippine Federation of Professional Radiologic people who gives medical aid to a person in emergency
Technologists situations from civil or criminal liability for their action or
• PLRT – Philippine League of Radiologic Technologists omission under these circumstances

 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 10  

• Medical Practice – a state laws written for the express • new branch of ethics established because of the advanced
purpose of governing the practice of medicine technical methods of prolonging life
• Narcotic law – law with its primary purpose to control and • ethics in the field of health care
suppress the illegal use and distribution of narcotics
• Lawsuit – legal action in a control of law, proceeding in Morality
court for a purpose, to enforce right and to regress wrong • a system of learned attitudes about social practices,
• Litigation – process of the lawsuit institutions, and individual behavior used to evaluate
• Plaintiff/Complainant – person or government bringing a situations and behavior as right or wrong, good or bad
lawsuit against another; person or group bringing the case to
court Moral Principles
• Defendant/Accused/Respondent – person being accused of • universal guides to action that are derived from so-called
a tort or crime; a person being sued or filed a case against basic moral truths that should be respected unless a morally
• Witness – a person who was present during the commission compelling reason exists not to do so
of crime and saw the crime being committed • set of standards that establish what is right and good
• Court Decisions - interpretation of statutes and various
regulations in decisions involving individuals Moral Rights
• Legal Right – rights of individuals or groups that are • rights of individuals or groups that exist separately from
established and guaranteed by law; a claim which can be governmental or institutional guarantees; usually asserted
enforced by legal means against a person whose duty is to based on moral principles or rules
respect it
• Due Process – a fair & orderly process which aims to protect Radiologic Technologist's Ethics
& enforce a person’s right • moral philosophy which deals with the relationship of
• Trial – facts are presented & determined radiologic technologists and patient and thefamily of the
• Hearsay Evidence – rumors not admissible as evidence patient
• Perjury – the willful telling of a lie under oath
Health Ethics
• Dying Declaration – considered hearsay unless the dying
person is a victim of a crime • to put the saving of live and promotion of health above all
else, treat patients equally, provide thebest care possible,
• Cause – a ground of legal action
maintain a competent level of skill
• Consideration – the price, motive or matter of inducement
of a contract; refers to a fee, salary or reward
Code of Ethics
• Deceit – the fraudulent withholding or misrepresenting of
• principles of conduct within an organization that guide
facts whereby a person is misled to his injury
decision making and behavior
• Due Process of law – a fair and orderly legal proceedings
which observe fundamental rules and designed for the
Professional Ethics
protection and enforcement of individual rights and liberties
• internal controls of a profession based on human values or
• Undue Influence – influence used directly to procure the
moral principles
will and which amounts to a coercion destroying the free
• branch of moral science which treats of the obligation which
action of the testator
a member of the profession owes to the public, to his
• Criminal Intent – the intention to commit a crime profession, and to his client
• Consideration – one element of a contract to make a
promise, a binding and to make an agreement which creates Radiologic Technology Creed
an obligations; an agreement upon a sufficient consideration,
• Atty. Oscar Romero – author of RT Creed
to do or not to do a particular thing
“I solemnly pledge myself before God and to the
• Nomenclature – a system of naming, especially in the arts or presence of this assembly, that we may serve humanity
*is anything of value that is
sciences exchanged between the parties uphold the dignity
with fidelity, honor and objective of the Radiologic
involved in a contract. It can be in
the form of money, goods, Technology profession to the best of one’s ability and
ETHICAL ASPECT services, or even a promise to do
or refrain from doing something. render service without any mental reservations to the
practice of Radiologic Technology.”
Ethics
• set of moral principles that govern one’s course of action Basic Ethical Principles/Doctrines (L. Torres)
• system of moral rules and principles that become the standard • utilitarianism – advocates that actions are morally correct or
for professional conduct right when the largest number of person is benefited by the
• study of right and wrong and how to tell the difference decision making; consequentialism
between them - that the goal of society should be to bring about the
greatest number of people
Bioethics > in an accident less injured patients has higher
• aim to preserve life priority than severely injured patient
 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 11  

• deontology – upholds the philosophy that the rules are • veracity – truthfulness, honesty in all aspects of one’s
followed at all times by the individuals; Greek word “duty” professional life; to tell the truth with no information being
- approach to ethics that judges the morality of an action withheld; states that people should always say the complete
based on the action’s adherence to rules; described as truth; to tell the truth with no information being withheld;
duty/obligation, because “rules binds you to your duty” trustworthiness
- the duty to “do no harm” • respect for property – refers to keeping the patients
> the critical patients will get the highest priority and belongings safe and taking care not to intentionally damage
most likely the least critical would attend last since or waste equipment or supplies with which one works
they survive longest without care • respect for others – acknowledgment the rights of individual
• virtue – a new philosophical belief that focuses wisdom to make decisions
rather than emotional and intellectual problem solving
- a habitual disposition to do good; code of professional RIGHTS
ethics for RRT and XRT
> how the family and friends of the victims would be Right
affected, a deciding factor in who get’s the first • a claim to particular privilege
treatment
Responsibility
Ethical Principles • an obligation to answer for an act done
• autonomy – person’s right to make one's decision; self- • an obligation on the person to perform some act for which he
determination , independence; self-government becomes accountable
• beneficence – the act must be meant attain good result or to
be beneficial, act of mercy and charity; addresses the idea Responsibilities of the RT
that the person’s actions benefits the client and his family; • To promote health
doing good or causing good to be done; kindly action
• To prevent illness
• confidentiality – concept of privacy
• To restore health
• double effect – the fact that some actions may produce good
• To alleviate suffering
and bad effect, compared according to a principle that seeks
to justify the action if the bad effect, though foreseen, is
Relationship of the RT & Patient
outweighed by the good effect; an ethical situation in which
• Quasi-Delict
an action (such as administering opiates) has both a positive
- contractual obligation
effect (relieving a terminally ill person's pain) and a negative
- extraordinary diligence of a good father of a family with
effect (hastening death by suppressing respiration)
utmost care
- the act is good or morally neutral
- the intent is good, not evil, although a bad result may be
Patient’s Rights
foreseen
- good effect is not achieve by means of evil effect • Radiologic/X-ray technologists are responsible to those
- good effects must be more important than the evil effect, people that require nursing care
or at least there is favorable balance between good over • Promotes an environment in which the values, customs and
bad spiritual beliefs of the individual are respected
• fidelity – the duty to fulfill ones commitment and applies to • Needs confidence, personal information and uses judgment in
keeping promises and agreements; faithfulness; loyalty and sharing this information
privacy
• justice – all person being treated fairly, equally or receiving Patient’s Rights
equal benefits according to need; equal treatment under the • Every person/parent must be treated with dignity
law • Patient must be provided confidentiality & privacy
• nonmaleficence – duty to abstain from inflicting harm and to
prevent harm; the belief that a medical professional shall Bill or Rights
cause no harm • Freedom of worship
• paternalism – the attitude that sometimes prompts health • Freedom of speech
care workers to make decisions regarding a persons care • Freedom of vote
without consulting the affected person; a policy of treating
subject people as if they were children, providing for their Patient’s Bill of Rights (L. Torres)
needs but not giving them rights 1. right to have considerate and respectful care
• sanctity of life – the belief that life is highest good and 2. right to obtain from physicians and others direct caregivers
nobody has the right to judge that another person’s quality of (their identities and position) relevant, current, and
life is so poor that his/her life is not of value and should be understandable information concerning diagnosis, treatment,
terminated; the belief that life is holy and belongs to god and prognosis

 
Reviewer in Professional Adjustment, Ethics and Jurisprudence – Sayo, Ana Lychees A. 12  

• except emergency cases when the patient lacks on • respect for others– acknowledge the right of individuals to
decision making make decisions and live by those decisions
3. right to make decisions about the plan of care to and during • rights – benefits and protections guaranteed by law
the course of treatment or plan and to be informed of the • tradition – transmission of knowledge, opinions, doctrines,
medical consequences of their action customs and practices from generation to generation
4. right to have advance directives concerning treatment or • values – cherished ideas and beliefs that affect decisions a
designating a surrogate decision maker with the explanation person makes
that the hospital will honor the intent of that directive to the
extent permitted by the law and the hospital policy
• directives – living will, health care proxy/durable power “Yourself is your own BOUNDARY. It’s either you lift
of attorney for health care yourself to succeed or you push yourself down.”
5. right to every consideration of privacy
6. right to expect that all communication and records – Ana Lychees A. Sayo, RRT
pertaining to his/her care will be treated to be confidential
• except suspected abuse and public hazards
7. right to view the records pertaining to his/her medical care Mental Notes:
and to have the information explained and interpreted as I will succeed because I’m crazy enough to think I can.
necessary Believe yourself!
• except when restricted by law No one said it is easy but it pays you back more than twice.
8. right to expect that, within it’s capacity and policies, a Please read books! This is only a supplementary insight.
hospital will make reasonable response to the request of the
patient for appropriate and medically indicated care and “If you want to be the very best at what you do, obsession is
service a necessity”
• transferring a patient to another facility/institution
> the patient must benefit of complete information and – Mr. Cedrick S. Modelo, RRT
explaining concerning the need for risk, benefits,
and alternatives to such a transfer Major Credits:
9. right to ask and be informed of the existence of business Mr. Cedrick S. Modelo, RRT
relationship among the hospital, educational institution, Dean Abelardo L. Marva III
other health care providers
10. right to consent or to decline to participate in proposed Reference:
research studies or human experimentation affecting care Patient Care in Imaging Technology 7th Edition
and treatment or requiring direct patient involvement and to Lillian S. Torres, TerriAnn Linn-Watson, and Andrea Dutton
have studies fully explained prior to consent
11. right to expect reasonable continuity of care when  
appropriate and to be informed by physicians and other
caregivers of available and realistic patient care options
when hospital care is no longer appropriate
12. right to be informed of hospital policies and practices that
relate to patient care, treatment, and responsibilities
• to be informed of available resource for resolving
disputes, grievances, and conflicts
• informed of the hospital’s charges for services and
available payment method

Related Terminologies
• custom – practice of the people so long established that it has
the force of law
• etiquette – rule of behavior, “manners”
• habit – an acquired mode of behavior, which has been
repeated frequently
• ideals – pertains to perfection
• legal rights – rights of individuals or groups that are
established and guaranteed by law
• morals – beliefs about behavior as judged by society
• professional etiquette – manners and attitudes generally
accepted by members of a profession