UPH Dr. Jose G.

Tamayo Medical Center

Sto. Nino, Bian, Laguna
LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. Differentiate Subpoena testificandum from Subpoena tecum.

a. Subpoena ad testificandum
A process requiring a person to appear before a trial or hearing of an action or investigation conducted
under our laws or for the taking of a deposition at a certain definite date, time and place to testify on some
material issues.
The court summons to appear and give oral testimony for use at a hearing or trial.
b.

Subpoena duces tecum

A process which requires a person to produce at the trial some documents or papers which are under
his control or possession that are pertinent to the issues of his controversy, at a certain date, time and
place.
The court summons ordering the recipient to appear before the court and produce documents or other
tangible evidence for use at a hearing or trial.
c. Subpoena duces tecum and testificandum
N.B.
Failure to comply with a subpoena without justifiable reason is a ground for reprimand, suspension or
revocation of the certificate of registration.

2. What is medical ballistic?

BALLISTIC the study of the motion, trajectory, and impact of projectiles, including bullets and rockets.
.
3. Define the crime of seduction (including types)
Seduction the act by which a man entices a woman to have unlawful sexual relations with him by
means of persuations, solicitations, promises or bribes without the use of physical force or violence.
Types:
a. Qualified: seduction of a virgin over 12 years old and under 18 committed by any person with
authority or is entrusted with the education or custody of the women seducted.
Punishable by prison correctional
Types:
o Ordinary: Seduction of a virgin > 12 years old and under 18 years, committed by any
person in public authority or any other person in custody of the woman.
o Incestuous: Seduction wherein there is blood relationship between the seducer and
the seduced.
b. Simple: seduction of a woman who is single or a widow of good reputation over 12 but under
18 committed by means of deceit
Punishable by arresto mayor (Art 338, RPC)

4. Discuss briefly the doctrine of re-ipsa loquitor

- The thing speaks for itself; nature of the wrongful act or injury is suggestive of negligence.
- General rule: expert testimony is necessary to prove that a physician has done a negligent act
or that has deviated from the standard of medical practice.

5. Discuss briefly the Physicians right to choose his patients.

Shall be dedicated to providing competent medical care with compassion and respect for human
dignity and rights
Shall uphold the standards of professionalism
Shall respect the law and also recognize a responsibility to seek changes
Shall respect the rights of patients, colleagues and other health professionals,
Shall safeguard patient confidences and privacy within the constraints of the law.
Shall continue to study, apply and advance scientific knowledge, maintain commitment to medical
education, make relevant information available to patients, colleagues and the public, obtain
consultation and use the talents of other health professionals when indicated.
Be free to choose whom to serve, with whom to associate, and the environment in which to provide
medical care
Recognize a responsibility to participate in activities contributing to the improvement of the
community and the betterment of public health
Regard responsibility to the patient as paramount
Shall support access to medical care for all people.

UPH Dr. Jose G. Tamayo Medical Center

Sto. Nino, Bian, Laguna
LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. DISCUSS BRIEFLY:
a. Res Ipsa Loquitor doctrine
the thing speaks for itself
A principle that allows plaintiffs to meet their burden of proof with what is, in effect
circumstantial evidence
b. Borrowed servait doctrine
Ordinarily, resident physicians, nurses and other personnel of the hospital are employees or
servants of the hospital;
In some instances, they are under the temporary supervision and control of another other than
their employer while performing their duties;
By fiction of law, they are deemed borrowed from the hospital by someone and for any
wrongful act committed by them during the period, their temporary employer must be held
liable for the discharge of their acts and duties;
In the determination whether one is a borrowed servant, it is necessary that he is not only
subjected to the control of another with regard to the work done and the manner of
performing it but also that the work to be done is for the benefit of the temporary employer.
2. Define the following:
a. Punctured Wound - Caused by an object piercing the skin and creating a small hole.
b. Hacking wound a wound from a sharp kick
c. Contussion an injury in which the skin is not broken, often characterized by ru[tured blood vessels
and discolorations; a bruise
d. Hematoma a localized collection of extravasated blood, usually clotted, in an organ, space or
tissue.
3. What are the 4 kinds of Ballistics? Discuss each briefly.
Internal Ballistics: Study of the processes originally accelerating projectiles
Transition Ballistics: Study of projectiles as they transition to unpowered flight
External Ballistics: Study of the passage of the projectile in flight.
Terminal Ballistics: Study of the projectile and its effects as it ends its flight.
4. What is presidential decree 169? What are the penalties if this is violated?
Presidential decree 169
Requiring doctors, hospitals, clinicas, etc to report treatment for physical injuries.
Penalties:
Any violations shall be punished administratively with a fine that shall not be less than 100 pesos
nor more than 500 pesos. In addition, the license or permit of the attending physician shall be
cancelled upon the third violation of this act or its implementing rules and regulations.
5. What are the products of combustion? What is its medicolegal significance?

UPH Dr. Jose G. Tamayo Medical Center

Sto. Nino, Bian, Laguna
LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. Discuss briefly:
a. The assumption of risk doctrine
DOCTRINE OF ASSUMPTION OF RISK
Predicated upon knowledge and informed consent, anyone who voluntarily assumes the risk of
injury from a known danger, if injured, is barred from recovery.

violenti non fit injuria, which means that a person who assents and was injured is not
regarded in law to be injured.
b. Independent contractor theory
INDEPENDENT CONTRACTOR THEORY
A patient who enters a private charitable hospital does not have a contract with the hospital but
with the attending physician.
2. Define:
a. Abrasion superficial wound in which the epidermis is scraped off
b. Lacerated Wound wound that is produced by the tearing of soft body tissue
c. Incised wound wound characterized by a clean cut, as by a sharp object.
3. Distinguish official from non-official autopsy
Autopsy a comprehensive study of a dead body, performed by a trained physician employing recognized
dissection procedure and techniques.
Hosptial or Non-official Autopsy
o With consent of the deceased persons
relatives
o To determine the cause of death
o To correlate clinical diagnosis with clinical
symptoms
o Determine effectiveness of therapy
o Study natural cause of disease
o Educate students and physicians

Medico - Legal or Official Autopsy

o Dead body belongs to the state for investigation
o To determine cause, manner and time of death
o Revering, identifying and preserving evidence
o Provide interpretation correlation of facts
o Provide factual objective medical report for law
enforcement, prosecution and defense agencies
o Separate death due to disease from external
cause.

4. What is child abuse?

CHILD ABUSE Physical and mental injury or maltreatment of a child by a person who is responsible for the
childs welfare. Victim is usually less than 3 years old.
5. Distinguish Gun Shot Wound point of entry from point of exit
Entrance Wound
o Smaller than the missile
o Inverted edges

Exit Wound
o Bigger than the missile
o Everted edges

o
o
o
o
o
o

Oval or round
(+) contusion collar
(+) tattooing or smudging
(-) tissue protrusion
Always present
(+) paraffin test

o
o
o
o
o
o

No definitive shape
(-) contusion collar
(-) tattooing or smudging
(+/-) tissue protrusion
May be absent
(-) paraffin test