M 103

PROFESSIONAL GROWTH
AND DEVELOPMENT

“THE MIDWIFE AND

CRIMES”

JEAN DE LEON ERICA DEBIT MARIS BISCARRA

GABRIEL AMORIN KETTY JANE BLAYA
JAYSON ACOTACOT ARVIN MANIULIT
 CRIME
 is an act or omission punishable by law. Any act that is committed by the midwife in her practice
that beyond her scope and causes serious damage or death of the patient or commission of an act
against other person can be considered as crime.
 CLASSIFICATIONS OF CRIMES :
 FELONY- killing done intentionally.
 MANSLAUGHTER- unlawful killing of one human being by another without malice
aforementioned
 MISDEMEANOR- less serious and usually punishable by a fine or short term jail
 FELONY

MISDEMEANOR

MANSLAUGHTER
CRIMINAL LIABILITY- maybe incurred to a midwife
if she her self has committed a felony or an act
which would be an offense against another
person or property. A person can be held criminal
liable when he commits a felony although the
wrongful act had done different from which he
intended or the person has committed an offense
against property but fails to consummate it due
to the inherent impossibility of its
accomplishment (impossible crime).
CRIMINAL LAW- is the branch of law that defines
crimes, treats of their nature and provides their
punishment.
A midwife should always remember that
ignorance of the law excuses no one. Violators of
the law cannot escape punishment even on the
grounds of ignorance.
 CRIMES AGAINTS PERSONS

 PARRICIDE- any person who shall kill his father, mother or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of reclusion Perpetua to death.
 MURDER- any person who not falling within the provision of Article 246 shall kill another, shall be guilty of murder and shall
be punished by reclusion temporal in its maximum period of 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 of person to insure or afford impunity.
3. In consideration of a price, reward or promise. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, 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 of the calamities enumerated in the preceding paragraph or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or 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.
  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.
DEATH CAUSED IN A TUMULTUOUS AFFRAY
When, while several persons not composing groups organized
for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and
HOMICIDE
tumultuous manner, and in the coarse of the affray someone is
killed, and it cannot be ascertained who actually killed the
deceased but the person or persons who inflicted serious physical
injuries can be identified such person or persons shall be
punished by prison mayor.
 If it cannot be determined who inflicted the serious physical
injuries on the deceased, the penalty of prison correctional in its
medium and maximum periods shall be imposed upon all those
who shall have used violence upon the person of the victim.
TUMULTUOUS AFFRAY
  PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
 When in a tumultuous affray as referred to in the preceding article, only
serious physical injuries are inflicted upon the participants thereof and the
person responsible thereof cannot be identified all those who appear to have
used violence upon the person of the offended party shall suffer the penalty
next lower degree than that provided for the physical injuries so inflicted.
 When the physical injuries inflicted are of a less serious in nature and the
person responsible thereof cannot be identified all those who appear to have
PHYSICAL INJURIES INFLICTED
used any violence upon the person of the offended party are liable to this
crime.

INFANTICIDE- a crime committed by any person who kills any child less
than three days of age. If the mother of the child for the purpose of concealing
her dishonor she shall suffer the penalty of prison correctional in its medium
and maximum periods and if said crime be committed for the same purpose by
the maternal grandparents or either of them the penalty shall be prison mayor.
INFANTICIDE
 INTENTIONAL ABORTION any person who shall intentionally cause
by the offender 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 prison mayor, if without using violence he shall act
without the consent of the woman.
3. The penalty of correctional in its medium and maximum periods, if the
woman shall have consented.

UNINTENTIONAL ABORTION tis is committed by a person who

without intention of the abortion however voluntarily employs physical
violence upon pregnant woman which cause her to abort.
 ABRTION PRACTICED BY THE WOMAN HERSELF OF BY HER
PARENTS any woman who shall practice abortion upon herself or shall
consent that any other person should do.
– Any woman who commits this offense to conceal her dishonor, shall
suffer the penalty of prison correctional in its minimum and medium
periods. If this crime be committed by the parents of the pregnant
woman either of them and they act with the consent of said woman for
the purpose of concealing her dishonor, the offenders shall suffer the
penalty of prison correctional in its medium and maximum periods.

ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND

DISPENSING OF ABORTIVE any physician or midwife who taking
advantage of their scientific knowledge or skill, causes an abortion or assist
in causing the same.
Any pharmacist who without the proper prescription from a physician shall
dispense any abortive shall suffer arrestor mayor and a fine not exceeding
1000 pesos.
– Any pharmacist who without the proper prescription from a physician shall dispense any abortive shall suffer
arrestor mayor and a fine not exceeding 1000 pesos.
 MUTILITATION any person who shall intentionally mutilate another by depriving him either totally or
partially or some essential organ of reproduction. Any other intentional mutilation shall be punished by prison
mayor in its medium and maximum periods.
 PHYSICAL INJURIES
 SERIOUS PHYSICAL INJURIES any person who shall wound, beat, or assault another shall be guilty of the
crime of serious physical injuries.
 LESS SERIOUS PHYSICAL INJURIES are injuries inflicted by another person which incapacitate the
offended party of labor for ten days or more or shall require medical assistance for the same period shall be
guilty or less serious physical injuries and shall suffer penalty of arrestor mayor.
 SLIGHT PHYSICAL INJURIES AND MALTREATMENT are injuries or harm inflicted on a person which
incapacitates the offended party from one to nine days or requires medical attention during the same period.
Maltreatment can also be committed by ill treatment of another person as evidence of actual injury is present.