Definition of Terms

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HOLD-OVER - when the public is permited to remain in office and continue his function after end if his lawful

term
until his successor shall have been duly qualified and appointed

HOLD-OVER DOCTRINE - The principle under which public officer is permitted to continue in possesion of an office
and to continue to exercise the functions of the office after the end of his lawful term

HOLOGRAPHIC WILL - a will that is entirely written, dated and signed by the hand of the testator himself

HOMICIDE - the crime ommited by a person who kills other than his father, mother or child, or any of a combus
valescendants or his spouse, without any of the circumstances attendance to the crime of murder

IMPLIED CONTRACT - a contract which the agreement of parties in indicated indirectly from their acts. An implied
contact may arise from mere consent

IMPLIED POWERS - power committed necessary to carry the express powers into effect

INCOMPETENCY - lack of ability, legal qualification, or fitness to discharge the required duty

INTESTATE-having made no valid will

JUDGMENT - the official decision of a court of justice upon the right and claims of the parties to a suit.

JURISDICTION - the authority to hear and decide legal controversy

JURY - a body of men selected and sworn and charged with the duty to inquire of certain matters of fact and to
declare the truth upon the evidence presented to them.

JUS SANGUINIS DOCTRINE - the nationality of a person is determined by the law of his descent or parentage

JUS SOLI DOCTRINE - nationality of a person is determined by the law of the place of his birth. A child born in a
foreign country is a citizen of that country whatever may be the citizenship of his parents

LAW-a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting
what is wrong. Right and justice is the essence of law

LEGAL REMEDY - a means afforded by law for enforcing a right, or dressing or preventing a wrong

LEGAL RIGHT - a right or claim which can be enforced by legal means against the person or the community whose
duty is to respect it.

LESS GRAVE FELONIES - are those which the law punishes with the penalties which in their maximum period are
correctional (imprisonment I month and 1 day to six years, or a fine not exceeding Php6, 000 but not less than
Php200)

LIABILITY - responsibility; an obligation to do or refrain from doing something, an obligation to pay money

LIBEL - a false or malicious writing that is intended to defame or dishonor another person and is published so that
someone besides the one defamed will read or observe it

LIGHT FELONIES - those infraction of law, the commission of which has the penalty of arrest to minor or a fine
exceeding Php200, or both is provided, Arresto Menor (imprisonment 1 day to 30 days or a fee not exceeding
Php200 or both is imposed)

LITIGANT-a party to a lawsuit

MALFEASANCE- wrong doing with evil intent

MALPRACTICE - unskillful and improper discharge of one's duties obstetrician and art of assisting women in normal
childbirth

MERIT - a positive evaluation of the worth of some act of an individual or of his general conduct
MIDWIFE - a woman who attends other woman in childbirth, a woman who the art of assisting in child delivery, a
female

MINISTERIAL DUTY - a duty as to which nothing is left to the discretion of the person who must perform it. A simple,
definitive duty

MIDWIFERY - study

MIDWIFERY ETHICS - which deals with the practice and art of assisting women in normal childbirth a system of
principles governing conduct of midwives. It is a branch of moral philosophy which deals with obstetrician arising
under conditions admitted or proved to exist and imposed by law.

MISDEMEANOR - any minor offense for which the law provides a lesser punishment

MISFEASANCE - improper performance of an act which one may lawfully do.

MISPRESENTATION - an untrue statement of fact. An incorrect or false representation

MORAL TORPITUDE - conduct contrary to justice, honesty modesty or good morals that imposed for a felony
MURDER - the crime committed by a person who kills another other than his father, mother or child or any of his
ascendants or descendants or his spouse

NATURALIZATION the act of adopting a foreigner and clothing him with the privilege of a native citizen.

NEGLIGENCE - omission or failure to do that which a reasonable and prudent man would do or the doing of that
which a reasonable and prudent man would not do.

NULL AND VOID - without a legal force, not binding, invalid

NUNCUPATIVE - an oral will made in anticipation of death

OCCUPATIONAL TAX (Professional Tax or Privilege Tax) - a fixed annual tax imposed upon persons for the privilege of
engaging in the practice or pursuit of professions or occupations

OFFENSE - a violation of criminal law, a crime or misdemeanor

OPEN DOOR POLICY - unrestricted leave with good record

PLAINTIFF/COMPLAINANT - the person who files a case against another. The plaintiff is the accuser.

POLICE POWER - the board authority of the state to limit private rights to a certain extent necessary to promote
peace, good order.

PARRICIDE - the crime committed by one who kills his father, mother,

PERJURY- the willful telling of a lie under oath or child, or any of his ascendants or descendants or his spouse morals,
health safety and welfare of the people

PREVENTIVE SUSPENSION - from performing duties pending, investigation of charges against him or her for his her
the Board member in question is pay of the charge against him/her which would warrant his removal from service

PRINCIPAL - the one who actually performs the crime

PRIVILEGED COMMUNICATION or CONFIDENTIAL INFORMATION - a communication concerning which one cannot


legally be compelled or required to do establishing

PROFESSIONAL - a person who after completing the required training and preparation of a profession has passed the
required licensure combination to practice the profession

PROFESSIONAL ADJUSTMENT - the growth of the whole individual and development of all his capabilities, regarding
the changes in behavior for better living relationships and a better contribution to society
PROFESSIONAL ETHICS - embraces basic principles of right action or norm of right conduct exemplary and honorable
in the practice of a profession wild particularly with the changing midwifery practices. Thru learning, one must be
interest in self- development, self-enrichment and continuing self-improvement

PROFESSIONAL NEGLIGENCE - brooch of professional duty negligence committed in the practice of a profession

QUASI-JUDICIAL POWER- when the board conduct bearings, investigate, or ascertain the existence of facts and draw
conclusions from them as basis of their official power

QUORUM - a majority of the members has attended the meeting of the board

RECKLESS IMPRUDENCE -voluntary without malice, doing/failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person performing or failing to perform chat

REMEDY-legal means for forcing a right or redressing (connecting) a wing

REPATRIATION - regaining of one's nationality after expatriation

RES IPSA LOQUITOR - the thing speaks for its Under this doctrine, the defendant in resumed to be negligent where
the instrumentality causing another's angry was in the defendant's control and where the accident was one which
ordinarily does not happen

RESPONDENT SUPERIOR – “let the superior, let the principal answer for the acts of the agent” Under this legal
maxim, the principal or master is answerable for the acts of his agent or servant.

REVOCATION - the act of withdrawing the validity of a midwife's certificate of registration

RIGHT - that which a man is entitled to have or to do, or to receive from others within the prescribed by law

SALUS POPULI SUPREMA LEX BESI - the welfare of the people in the supreme law

SEARCH WARRANT - written order signed by a public officer and directed to a peace officer search for the personal
properly and bring before the magistrate

SIMPLE IMPRUDENCE - consist in the lack of precautions displayed in these cases in which the damage impending to
be caused is not immediate not the danger clearly manifested

SIMULATION - presence of birth which has not ever occurred

SLANDER - an oral statement made with intent to dishonor or defame another personwhom made in the presence of
third person

STATUTE - a law passed by a legislative body

SUBPOENA - written cedes directed to a person requiring his attendance at a particular time and place to testify as a
witness

SUBPOENA DUCES TECUM - a subpoena which does not only compel the personal attendance of a witness in a court
but also requires ach witness to bring with him and produce to the court the requires books, papers and the like,
which may be in his hands or possession

SUMMONS - a notice to a defendant order

SUSPENSION - means temporary withdrawal of the right to practice midwifery SURCHARGE - an extra amount added
to the usual charge; an additional charge

TENURE - the period of time during which the official actually held the office or occupied the position

TERM OF OFFICE - the period of time by which an officer may claim to hold the office as prescribed by law or the
fixed period of time an official is expected to hold his position TESTAMENT - a legal paper or written declaration
stating how a person wishes his property distributed after his death

TESTAMENTARY CAPACITY - the measure of mental ability recognized in law as sufficient for the making of a will
TESTATOR - a person who made a will, or who died leaving a valid will or testator - a statement or affirmation of a
fact as before a court. A statement made

TESTIMONY - especially in court by a witness sworn to tell the truth TRIBUNAL- a judicial court. The place where a
judge administers justice

UNPROFESSIONAL CONDUCT - conduct or behavior which violates the Code of Ethics for Midwives or conduct which
is unbecoming of a profession in good standing after his death

WILL- a written instrument executed with the formalities of the law, where by a person makes a disposition of his
property to take effect

WITNESS - one who is called to give testimony in a court of law.

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