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Is having a child with a married man geound for revocation of prc license?

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Ayimonte


Arresto Menor
good day,

I just want to ask, my sister got pregnant with a married man, and now the child is already 4 y/o. My sister and her sons father are not living together though became friends, and the father continue to visit the child. I heard last month that the father of my nephew filed a petition for annulment and when his wife receive the petition, the wife gets mad and threatened my sister that she will file a case to the prc for the revocatin of my sisters license. According to my nephews father, the ground that was stated in the petition is psychological incapacity, in his statement he also said that he and my sister had a child, but no later ended the relationship already but still continue to support the child. Now my question is, can this be a ground for revocation of my sisters license? By the way in my nephews birth certificate his father was not stated, can this be used as an evidence against my sister? What are the possible evidence for the wife to revoe my sisters license?

Hoping that anyone can help me clarify this issue. Thank you

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attyesc

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Reclusion Temporal
Philippine Nursing Act of 1991

Section 22. Non-registration and Non-issuance of Certificates of Registration/Professional License or Special/Temporary Permit. - No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of immoral or dishonorable conduct r any person declared by the court to be of unsound mind shall be registered and be issued a certificate of registration/professional license or a special/temporary permit.

The Board shall furnish the applicant a written statement setting forth the reasons for its actions, which shall be incorporated in the records of the Board.

Section 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit. - The Board shall have the power to revoke or suspend the certificate of registration/professional license or cancel the special/temporary permit of a nurse upon any of the following grounds:

(a) For any of the causes mentioned in the preceding section;

(b) For unprofessional and unethical conduct;

(c) For gross incompetence or serious ignorance;

(d) For malpractice or negligence in the practice of nursing;

(e) For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit;

(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or

(g) For practicing his/her profession during his/her suspension from such practice;

Provided, however, That the suspension of the certificate of registration/professional license shall be for a period not to exceed four (4) years.

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Ayimonte


Arresto Menor
I apprecaiate your response attyesc, though ur article posted was under philippine nursing act, thus this apply to all licensed profesionals. And if yes, it leads me to another question, can the wife have a strong evidence against my sister, if yes what can she present as evidence. In addition to my sisters story, the father denied at first that he is married and my sister only found out when shes already pregnant. Also when my sister got pregnant she just graduated from college and not yet licensed, thus pna 1991 sec 22. still applies even if she is not yet licensed during the imoral act?

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attyesc

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Reclusion Temporal
hi. if you will look at the specific laws of other licensed profs (teachers, nurses, doctors), immorality is a common ground for revocation of license. lack of knowledge that the other party was married is a good defense in criminal cases (where the accused is presumed innocent) but not necessarily in administrative proceedings. even if the license was issued after the pregnancy, prc is not precluded from revoking the same once immorality is established. kung kayang aregluhin yan bago maisampa ang complaint, idaan na lang sa areglo. goodluck

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attyesc

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Reclusion Temporal
as to evidences, the birth certificate without the name of the father will not prove anything; only the fact that a child was born. however, the complainant may adduce other evidences like the statement in the annulment papers that the husband had a child with your sister, text messages or pictures (if any), testimony of witnesses, emails, letters, etc.

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Ayimonte


Arresto Menor
This is duly noted attyesc, thanks again for your reply. We tried to talk to the wife but shes eager to file a complaint against my sister, though she havent recieved letter from rtc yet. I was just thinking, can my sister deny the statement of her sons father in the annulment paper, can my sister just say that he is not the father of her child? Or would it only lead for the court to get dna samples of my nephew? Again i would like to thank you for spending your time with my query, we do appreciate it a lot.

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attyesc

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Reclusion Temporal
under our rules on evidence, a positive assertion prevails over a mere denial. kung idedeny lang po yan ng walang ibang ebidensya, considered self-serving po kaya baka hindi paniwalaan ng korte o ng prc. mahirap kasi yan dahil inamin na e. kaya paghandaan nyo na lang po na baka unfavorable sa inyo ang maging desisyon. anyway hindi naman perpetual ang revocation. eventually ibabalik din ang license, parang kay hayden kho Smile

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