Article 347 Simulation of Births

Crime
Simulation of births and the substitution of one
child with another
Concealment or abandonment of any legitimate
child with intent to cause it to lose its civil status
Physician, surgeon or public officer who
cooperates in the execution of the above two

Penalty
Prision mayor and a fine not more than P1,000
Prision mayor, a fine not more than P1,000 and
temporary special disqualification

Article 349 Bigamy

Bigamy is committed by a person who contracts a second or subsequent marriage
- before the former marriage has been legally dissolved, or
- before the absent spouse is judicially declared as presumptively dead
Penalty is prision mayor.
R.A. 7877 or the Anti-Sexual Harrassment Act
The crime is committed by any person who has Authority, Influence and Moral Ascendancy over
another in a Work, Training and Education Environment.
It is committed even if the demand, request or requirement is not accepted by the victim.
It is committed in:
A work-related setting or employment, when:
a) sexual favor is made as a condition in the
hiring, employment, re-employment, continued
employment, granting of favorable compensation,
terms, conditions, promotions or privileges.
b) sexual favor is made as condition to prevent
the discrimination, deprivation or diminishment of
employment opportunities, the impairment of
existing rights or privileges under existing laws, or
the workplace becoming hostile, intimidating or
offensive for the employee.
An education or training environment, when:
a) the victim is under the care, custody or
supervision of the offender.
b) the victim is under the education, training,
apprentice-ship or tutorship entrusted to the
offender.
c) the sexual favor is made a condition to the
giving of a passing grade, or the granting of
honors and scholarships or payment of a stipend,
allowance or other benefits, privileges, or
considerations.
d) the sexual advances result in an intimidating,
hostile or offensive environment for the victim.
It is also committed by any person who directs or induces another to commit any act of sexual
harassment, or who cooperates in the commission thereof by another without which it would not have
been committed.
The employer or head of office, educational or training institution is solidarily liable if he/she is
informed by the offended party of the act of sexual harassment and no immediate action is taken
thereon. Independent action for damages can be instituted against them.
Penalty is 1 to 6 months imprisonment, or a P10,000 to P20,000 fine, or both.
Article 365 Imprudence and Negligence
When a person, by reckless imprudence, commits an act which, had it been intentional, constitutes a:
Grave felony
Penalty is arresto mayor in its maximum period to prision correcional in its
minimum period

Less grave felony

Penalty is arresto mayor in its minimum and medium periods
When a person, by simple imprudence or negligence, commits an act which, had it been intentional,
constitutes a:
Grave felony
Penalty is arresto mayor in its medium and maximum periods
Less serious felony
Penalty is arresto mayor in its minimum period
Article 263 Serious Physical Injuries
Any person who shall wound, beat or assault another shall be guilty of the crime of serious physical
injuries and shall suffer:
Prision mayor
If in consequence of the physical injuries inflicted, the injured
person shall become insane, imbecile, impotent or blind
Prision correccional in its medium and
If the injured person loses the use of speech or the power to
maximum periods
hear or smell, or shall have lost an eye, foot, hand, arm, or
shall have lost the use of any such member, or shall have
been incapacitated for work he was previously habitually
engaged in
Prision correcional in its minimum and
If the injured person shall become deformed, or shall have
medium periods
lost any other part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitated for the
performance of his work for more than 90 days
Arresto Mayor in its maximum period
If the injured person shall have been ill or incapacitated for
to prision correcional in its minimum
more than 30 days
period
Article 265 Less Serious Physical Injuries
Any person who shall inflict upon another physical
injuries not described above but which
incapacitated the person for labor for at least 10
days, or which required medical attention for the
same period
When the less serious physical injuries have been
inflicted with manifest intent to insult or offend
the injured party, or add ignominy to the offense
When it is inflicted against the parents of the
offender, teachers, curator, persons of rank or
authority

Arresto mayor

Arresto mayor and a fine less than P500

Prision correcional in its minimum and medium

periods

Article 266 Slight Physical Injuries and Maltreatment

When the offender has inflicted physical injuries
Arresto minor
which has incapacitated the offended party for
labor from 1 to 9 days, or has required medical
attention for the same period
When the injuries do not prevent the offended
Arresto minor, or a fine not exceeding P200 and
party from engaging in his habitual work nor
censure
require medical attention
When the offender mistreats another by deed
Arresto minor in its minimum period or a fine not
without causing any injury
exceeding P50
Crimes against Chastity and Persons (already discussed by Duck)
Documentation and Evidence
Kinds of evidence - oral/verbal (statements, testimony), documentary (writings, pictures, books), and
objects (specimen). There is also circumstantial evidence (series of events).

Only the original writing itself may be used as evidence should its contents be the subject of inquiry.
Documentation means the presentation of evidence.
Evidence is the means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
Medical Documentation includes: Patients' clinical records or charts, operating room logbook,
admission and discharges book, running file of official receipts, and file copies of all laboratory reports
and records
Legal obligation of hospital personnel regarding documents: proper completion and preservation, and
maintaining confidentiality (documents to be made available to duly authorized persons only).
Who are entitled to obtain documents: attending physician, the patient or any of his duly authorized
representative, and, in case of the patient's death, his nearest kin or duly authorized representative.
Who are entitled to see documents: attending physicians, other physicians involved in the care and
treatment, and other paramedical workers whi has a legitimate need for the record.
Liability of responsible persons in case of loss/destruction or unauthorized release/disclosure:
administrative (institutional or governmental), civil and criminal (infidelity in the custody of records)
Kinds of medical evidence:
1. Relevant evidence - one having any value tending to prove any matter probable in action.
2. Material evidence - one which refers to the direction to prove a fact in issue as determined by the
rules of substantive law.
3. Competent evidence - one which is not excluded by law in a particular case.
4. Direct evidence - one which proves the fact in dispute without the aid of any interference or
presumption.
5. Circumstantial evidence - it is a proof of facts from which, taken either singly or collectively inferred
as a necessary or probable consequence.
6. Expert evidence - testimony of one possessing, in regard to a particular subject or department of
human activity, knowledge not usually acquired by other persons.
7. Prima facie evidence - one which suffices for the proof of a particular fact, until contradicted or
overcame by other evidence.
8. Corroborative evidence - an additional evidence of a different kind and character but tending to
prove the same point.
Forms of medical evidence:
1. Real or autoptic evidence
2. Testimonial evidence
3. Experimental evidence
4. Documentary evidence
Methods of Preserving Evidence:
1. Photography and recording
In medico-legal cases
a. wounds inflicted on the body
b. identity of the person
c. fingerprinting
d. handwriting
e. materials like hair, fibers, blood stains, semen and others
f. tire marks in the body in motor vehicle accidents
In criminal cases

a. fire in arson cases

b. position of the body of the deceased
c. scene of the crime
d. arrangement of surroundings
e. wounding weapon
f. ballistics
g. position of vehicle and victim in motor vehicle accidents
h. paraphernalia used in the commission of the crime
In civil cases
a. fake and questionable documents
b. use of sound recording in the preservation of dying declarations, the identification of the
voice of a person and of any sound related to the dispute
2. Sketching
3. Description
4. Testimony of Witness
B.P. 702 or An Act Prohibiting the Demand of Deposits or Advance Payment for the
Confinement or Treatment of Patients in Hospitals and Medical Clinics in Certain Cases, as
amended by R.A. 8344
1. In emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager,
or any other officer, and/or medical practitioner, or employee of a hospital/clinic to request, solicit,
demand, or accept any deposit or any form of advance payment as a prerequisite for confinement or
medical treatment, or to refuse to administer medical treatment and support as dictated by good
practice of medicine to prevent death or permanent disability.
- provided: by reason of inadequacy of medical capabilities, the attending physician may
transfer
the patient to another facility, after the patient or his next of kin and the receiving
facility consents to such transfer. If the patient is unconscious, incapable of giving consent and/or
unaccompanied, the physician can transfer him without his consent. Such transfer shall be
done
only after the necessary emergency treatment and support have been administered to
stabilize
the patient and the transfer established to entail less risk than continued confinement.
The
receiving hospital, after being informed of the medical implications of such transfer, cannot
refuse to to receive the patient nor demand any deposit or advance payment.
2. Definitions:
- Emergency, or the condition of a patient wherein based on the objective findings of a prudent
medical officer on duty for the day there is immediate danger and where delay in initial
support
and treatment may cause the loss of life or cause permanent disability to the patient.
- Serious Case, or a condition or state of a patient characterized by the gravity or danger
wherein, based on the objective findings of a prudent medical officer, inattention may cause
loss of life or cause permanent disability to the patient.
- Confinement, or a state of being admitted in a hospital or medical clinic for observation,
diagnosis, testing, and treatment consistent with the capability an available facilities of the
hospital or clinic.
- Hospital, or a facility devoted primarily to the diagnosis, treatment and care of individuals
suffering from illness, disease, injury, or deformity, or in need of obstetrical or other medical
and nursing care. It shall also be construed as any institution, building, or place where there
are
facilities and personnel for the continued and prolonged care of patients.
- Emergency Treatment and Support, or any medical or surgical measure within the capability
of
the hospital o medical clinic that is administered by qualified health care professionals to
prevent death or permanent disability of patients.
- Medical Clinic, or a place where patients can avail of medical consultation or treatment on an
outpatient basis.
- Permanent Disability, or a condition of physical disability as defined under Articles 192-C and
193-B/C of the Labor Code of the Philippines.

- Stabilize, or the provision of necessary care until such time that the patient may be
discharged
or transferred to another hospital or clinic with a reasonable probability that no
physical
deterioration would result from or occur during such discharge or transfer.
3. After the hospital/clinic shall have administered medical treatment and support, it may cause the
transfer of the patient to an appropriate hospital consistent with the needs of the patient, preferably to
a government hospital, especially in the case of poor and indigent patients.
4. Penalty for violators is imprisonment of 6 months and 1 day to 2 years and 4 months, or a fine of not
less than P20,000, or both. If the violation was committed pursuant to an existing hospital or clinic
policy, the director or officer responsible for the policy's formulation and implementation shall suffer
imprisonment of 4 to 6 years, or a fine not less than P100,000 but not more than P500,000, or both.
Critical Areas of Concern in Anesthesia
1. Pre-Anesthesia Phase
- pre-anesthesia evaluation (checking of history, physical evaluation)
- medical evaluation
- basic laboratory tests/examinations
- conference with surgeon and internists
- choice of anesthesia/anesthetic
2. Intraoperative Phase
- monitoring
- prompt recognition of complication
- prompt resuscitative measures
- early and timely consults
- written records of incidents
3. Post-Anesthesia Phase
- transport of patient to recovery room
- recovery room care
- post-recovery evaluation