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FROGLETS NOTES

CHAPTER I
GENERAL CONSIDERATION
Legal Medicine- branch of which deals with application of
medical knowledge to the purposes of law and in the
administration of justice. It is the application of basic and
clinical, medical and paramedical sciences to elucidate
legal matters.

Concept and practice of Legal Medicine in the
Philippines is of Spanish origin.

Legal Medicine
Application of medicine to
legal cases

Forensic Medicine
Application of medical
science to elucidate legal
problems

Medical Jurisprudence- knowledge of law in relation to
the practice of medicine. It concerns with the study of the
rights, duties and obligations of medical practitioner with
particular reference to those arising from doctor-patient
relationship.

Summary of Legal Medicine
Book by Solis

treatment
Purpose in examining a
patient is to arrive at a
definite diagnosis so that
appropriate treatment can
be instituted
Minor or trivial injuries are
usually ignored inasmuch
as they do not require usual
treatment.

Example:
Presence of PHYSICAL INJURIES of a victim of sexual
abuse = presumes that force was applied; hence, crime
committed must be RAPE.
Presence of PHYSICAL INJURIES on the offender of the
crime of physical injuries= proof that the victim acted in
SELF-DEFENSE.
OTHER DEFINITIONS

NATURE OF THE STUDY OF LEGAL MEDICINE

Knowledge of legal medicine means the ability to
acquire facts, the power to arrange those facts in
their logical order, and to draw a conclusion from
the facts which may be useful in the
administration of justice.
Medical Jurist (medical examiner, medico-legal
officer, medico-legal expert) – a physician who
specializes or is involved primarily with medicolegal duties. They are mostly in the service of the
government.
It is the duty of every physician, when called
upon by the judicial authorities, to assist in the
administration of justice on matters which are
medico-legal in character.‖
To be involved in medico-legal duties, a
physician must possess sufficient knowledge of:
o Pathology
o Surgery
o Gynecology
o Toxicology
o Other branches of Medicine germane
to the issues involved.

Ordinary Physician
Sees an injury or disease
on the point of view of

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Medical Jurist
Sees injury or disease on
the point of view of cause

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Purpose in examining a
patient is to include those
bodily lesions in his report
and testify before the court
or before an investigative
body
Records all bodily injuries
even if they are small or
minor
because
these
injuries may be proofs to
qualify the crime or to justify
the act.

1.

LAW- rule of conduct, just, obligatory, laid by
legitimate power for common observance and
benefit.

Characteristics of Law:
-

It is a rule of conduct;
It is dictated by legitimate power; and
Compulsory and obligatory to all.

Forms of Law:
A.

B.

2.

Written or Statutory Law (Lex
Scripta) – composed of laws which are
produced by the country’s legislations
and which are defined, codified and
incorporated by the law-making body.
Ex. Philippine Laws.
Unwritten or Common Law (Lex non
Scripta) – composed of unwritten laws
based on immemorial customs and
usages. Sometimes referred to as case
law, common law, jurisprudence or
customary law. Ex. Laws of England.

FORENSIC- denotes anything belonging to the
court of law or used in court or legal proceedings

FROGLETS NOTES
or something fitted
argumentations.
3.

4.

5.

for legal

or

public

MEDICINE- a science and art dealing with
preventation, cure and alleviation of disease. It is
that part of science and art of restoring and
preserving health. It is the science and art of
diagnosing, treating, curing and preventing
disease, relieving pain, and improving the health
of a person.
LEGAL- that pertains to law, arising out of, by
virtue of or included in law. Refers to anything
conformable to the letters or rules of law as it is
administered by the court.
JURISPRUDENCE- science of giving a wise
interpretation of the law and making just
application of them to all cases as they arise.
PRINCIPLE OF STARE DECISES

A principle that, when the court has once laid
down a principle of law or interpretation as applied to a
certain state of facts, it will adhere to and apply to all future
cases where the facts are substantially the same.
BRANCHES OF LAW WHERE LEGAL MEDICINE MAY
BE APPLIED
In CIVIL LAW, knowledge of legal medicine may be useful
on the following:
1.
2.
3.
4.
5.

Determination and termination of civil personality
(Art.40-41);
Limitation or restriction of a natural person’s
capacity to act (Art. 23 and 29);
Marriage and legal separation
Paternity and filiation
Testamentary capacity of a person making a will.

2.
3.

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Proceedings for hospitalization of an insane
person (Rule 101); and
Rules on evidences (Part IV).

In SPECIAL LAWS:
1.
2.
3.
4.
5.
6.

Dangerous Drug Act (RA 6425, as amended)
Youth and Child Welfare Code (PD 603)
Insurance Law (Act No. 2427 as amended)
Code of Sanitation (PD 856)
Labor Code (PD 442)
Employee’s Compensation Law
MEDICAL EVIDENCE

Evidence- the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact.
If the means employed to prove a fact is medical
in nature then it becomes a medical evidence.
TYPES OF MEDICAL EVIDENCE
1.

Autoptic or Real Evidence – evidence made
known or addressed to the senses of the court. It
is not limited to that which is known through the
sense of vision but is extended to what the sense
of hearing, taste, smell and touch is perceived.
(Sec.1, Rule 130)

Limitations to the Presentation of Autoptic
Evidence:
a)

Ex: Court may not allow exposure of the
genitalia of an alleged victim of sexual
offense to show the presence and degree of
the genitalia and extra-genitalia injuries
suffered.

In CRIMINAL LAW, legal medicine is applicable in the
following provisions of the Penal Code:
1.
2.
3.

Circumstances affecting criminal liability;
Crimes against person;
Crimes against chastity.

In REMEDIAL LAW, legal medicine is applied in the
following provisions of the Rules of Court:
1.

Physical and mental examination of a person
(Rule 28);

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Indecency and Impropriety – presentation
of evidence may be necessary to serve the
best interest of justice but the notion of
decency and delicacy may cause inhibition
of its presentation.

b)

Repulsive Objects and those Offensive to
Sensibilities – foul smelling objects,
persons suffering from highly infectious and
communicable disease, or objects which
when touch may mean potential danger to
the life and health of the judge may not be
presented.

FROGLETS NOTES
However, if such evidence is necessary in
the adjudication of the case, the question of
indecency and impropriety or the fact that
such evidence is repulsive or offensive to
sensibilities, it may be presented. This will
depend on the sound discretion of the court.
2.

4.

Documentary Evidence- Medical Documentary
Evidence may be:
a. Medical Certification or Report on:
i. Medical examination
ii. Physical examination
iii. Necropsy/ autopsy
iv. Laboratory
v. Exhumation
vi. Birth
vii. Death
b. Medical Expert Opinion
c. Deposition

5.

Physical Evidence – these are articles and
materials which are found in connection with the
investigation and which aid in establishing the
identity of the perpetrator or the circumstances
under which the crime was committed, or in
general assist in the prosecution of a criminal.

Testimonial Evidence – a physician may be
commanded to appear before a court to give his
testimony. His testimony must be given orally
and under oath or affirmation.
A physician may be presented in court as an
ordinary witness and/or as an expert witness:
ORDINARY WITNESS
A
physician
who
testifies in court on
matters perceived from
his patient in the course
of
physician-patient
relationship.
(Sec. 20, Rule 130,
Rules of Court)
Exception: Privilege of
Communication
between physician and
patient.
(Sec. 24 c, Rule 130)

EXPERT WITNESS
A
physician
on
account of his training
and experience can
give his opinion on a
set of medical facts.
He can deduce or
infer
something,
determine the cause
of death, or render
opinion pertinent to
the issue and medical
nature.

Criminalistics - is the identification, collection,
preservation and mode of presentation of
physical evidence. It is the application of
sciences such as physics, chemistry, medicine
and other biological sciences in crime detection
and investigation.
Type of Physical Evidences:

Rule

a.

The probative value of
the expert medical
testimony depends
upon the degree of
learning and
experience on the line
of what the medical
expert is testifying, the
basis and logic of his
conclusion, and other
evidences tending to
show the veracity or
falsity of his
testimony.

b.

(Sec.
130)

48-49,

c.

Experimental Evidence – A medical witness
may be allowed by the court to confirm his
allegation or as a corroborated proof to an
opinion he previously stated.

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Corpus Delicti Evidence – objects or
substances which may be a part of the
body of the crime.
Associative Evidence- these are
physical evidence which link a suspect
to the crime.
Tracing Evidence- these are physical
evidence which may assist the
investigator in locating the suspect.

PRESERVATION OF EVIDENCE
The physical evidence recovered during medico-legal
investigation must be preserved to maintain their value
when presented as exhibits in court.
Methods of Preserving Evidence
1.

3.

Summary of Legal Medicine
Book by Solis

2.

Photographs, audio and/or video tape, microfilm, Photostat, Xerox, voice tracing, etc.
Sketching- rough drawing of the scene or object
to be preserve is done. It must be simple,
identifying significant items and with exact
measurement.

b. d.refrigeration. e. occupation. confusion with other evidence. Essential Elements to be Included in a Sketch: a. Description. Polygraph or lie detector machine – records physiological changes that occur in association with lying in a polygraph. Skin Lesion Penetrating wound Hymenal Laceration Person Manikin Method. Blood. Control questions – unrelated to the matter under investigation but are of similar nature although less serious as compared to those relevant questions (ex: Have you ever used a gun?). 3. Relevant questions – pertaining to the issue under investigation (ex: Did you shoot to death Mr. citizenship. sealed bottle container. Essential item which has a bearing in the investigation must be included. Irrelevant questions – no bearing to the case under investigation (ex: age. 4. Actual interrogation and recording through the instrument Standard test questions: 1. e. Phases of Examination i. b. It must cause a vivid impression on the mind of the reader. visceral organs) – 10% formalin solution. c. CHAPTER II DECEPTION DETECTION Methods of deception detection used by law enforcement agencies: 1. Pre-test interview ii. d. 5. Rough Sketch.FROGLETS NOTES Kinds of Sketch:  The preservation is co-terminus with the life of the witness. 2. addition of chemical preservatives. Measurement must be accurate. b. Minimum Standard Requirements which must be satisfied in the description of the person or thing to make it complete: a. etc). Special Ways of Preservation: a. muscles. Preservation in the Mind of the Witness Drawbacks of preserving evidence in the mind of the witness:  The capacity of a person to remember time.sealed container. trauma or disease. place and event may be destroyed or modified by the length of time. Devices which record the psycho-physiological response a. . age of the witness. Scale and proportion must be stated by mere estimation. Finished Sketch. Special Methods. c.embalming. Poison. semen) – drying.made at the crime scene or during examination of living or dead body. Stains (blood. c. 3. Whole human body. X?). There must be a title and legend to tell what it is and the meaning of certain marks indicated therein.  Human mind can easily be subjected to too many extraneous factors that may cause distortion of the truth. Preservation may be essential from the time it is recovered to make the condition unchanged up to the period it reaches the criminal laboratory for appropriate examination.sketch prepared from the rough sketch for court presentation. Compass direction must always be indicated to facilitate proper orientation in the case of crime scene. placing in sealed container. d.Special way of treating certain type of evidence may be necessary. Soft tissues (skin. a true picture of the thing described.putting into words the person or thing to be preserved. thereby making the recollection not reliable.miniature model of a scene or of a human body indicating marks of a various aspects of the things to be preserved. 4 By 4D2014-2015 Summary of Legal Medicine Book by Solis 6.

b. may indicate shock or fear. and graphically displays the voice modulations that we cannot hear. but the subject is instructed to answer the questions silently. Unresponsiveness in a living or guilty subject 5. to himself. be it a ―yes‖ or ―no‖. c. When the proper point is reached. g. c. embarrassment or shame. Peak-of-tension test – may be given if subject is not yet informed of the details of the offense for which he is being interrogated by the investigator. c. Word association test – A list of stimulus and nonstimulus words are read to the subject who is instructed to answer as quickly as possible. d. and superimposed on these are the inaudible frequency modulations which are products of minute oscillation of the muscles of the voice mechanism. Mental abnormalities 4. Physiological abnormalities 3. Guilt complex test – applied when the response to relevant and control questions are similar in degree and consistency in a way that the examiner cannot determine whether the subject is telling the truth or not. Inability to look at the investigator “straight in the eye” – because of fear that his guilt may be seen in his eyes. embarrassment or extreme nervousness. i. without making any verbal response. Dryness of the mouth – nervous tension causes dryness of the mouth which causes continuous swallowing and licking of the lips. hyoscine hydrobromide is given hypodermically in repeated doses until a state of delirium is induced. By observation Physiological and psychological signs and symptoms of guilt: a. 2. Intoxication – the apparent stimulation effect of alcohol is really the result of the control mechanism of the brain. The important factor is the time of response in relation to the stimulus or non-stimulus words. If with a pallid face. ―Spotless past record‖ – subject may assert that it is not possible for him to do ―anything like that‖ inasmuch as he is a religious man and that he has a spotless record. The time interval between the words uttered by the examiner and the answer of the subject is recorded. Use of drugs that try to ―inhibit the inhibitor‖ 5 By 4D2014-2015 Summary of Legal Medicine Book by Solis a. Sweating hands indicate tension. etc. iii. so alcohol. Unobserved application of muscular pressure which produces ambiguities and misleading indications in the blood pressure tracing b. rubbing his face. Post-test interrogation Supplementary tests: i. Such oscillations of the muscles or microtremor occur at the rate of 8 to 14 cycles per second and controlled by the central nervous system. The test is not concerned with the answer. Result of troubled conscience. 4. e. Factors responsible for the 25% errors of the lie detector: 1. Swearing to the truthfulness of his assertion – ―I swear to God I am telling the truth‖ h. Narcoanalysis or narcosynthesis – practically the same as that of administration of truth serum. Psychological stress evaluator (PSE) – detects. subject will swallow saliva which causes frequent upward and downward movement of the Adam’s apple. and narcoanalytic drugs ―inhibit the inhibitor‖. f. Indicative of nervous tension. Excessive activity of the Adam’s apple – on account of dryness of the throat. Fidgeting – constantly moving about in the chair. measures. Sweating – if accompanied with a flushed face indicate anger. Color change – flushed face may indicate anger. b. ―Peculiar feeling inside‖ – there is a sensation of lightness of the head and the subject is confused. the questioning begins and the subject feels a compulsion to answer the questions truthfully. pulling his ears. The only difference is the drug used. Hypnotism – the alteration of consciousness and concentration in which the subject manifests a heightened of suggestibility while awareness is maintained. Pale face is sign of guilt. . picking and tweaking the nose. Attempt to ―beat the machine‖ by controlled breathing or by muscular flexing 6. Psychiatric sodium amytal or sodium penthotal is administered to the subject. ii. (In vino veritas – in wine there is truth) 3. Nervousness or extreme emotional tension experienced by a subject who is telling the truth regarding the offense in question 2. like truth serum. Silent answer test – conducted in the same manner as when relevant. irrelevant and control questions are asked. Truth serum – In the test. When a person speaks. there are audible voice frequencies.FROGLETS NOTES iii.

and the other (Jeff) who is friendly. Based on behavioral attitude: i. the interrogator may claim that the subject was implicated by the author and that there is no use for him to deny participation. “Not that I remember” expression – resort to this expression to avoid committing something prejudicial to him. d. Based on the state of mind i. The subject is given the opportunity to make a lengthy.The interrogator creates a mood that is conducive to confession. Bluff on Split-Pair Technique. and kind. Stern Approach. 6 By 4D2014-2015 Summary of Legal Medicine Book by Solis e. The other (Jeff) is friendly. Confession – an expressed acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged. and the interrogator utilizes harsh language. b. time-consuming narration. Stern approach – questions must be answered clearly. 5. Irrational offenders – commit crime without knowing the nature and quality of his act.Applicable where there are two or more persons who allegedly participated on the commission of a crime. Rational offenders – commit crime with motive or intention ii. 6. Arizona (Miranda Rights). He may be sympathetic or friendly to the subject. d. Active aggressive offenders – commit crimes in an impulsive manner ii. The subject is given the opportunity to make a lengthy. The statements are inconsistent with the material facts. Scientific interrogation – the questioning of a person suspected of having committed an offense or of persons who are reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. he knows the subject to be guilty. Some Techniques of Interrogation      Emotional Appeal. anger. Emotional offenders – commit crimes in the heat of passion. Mutt and Jeff technique – there must be at least 2 investigators with opposite character. Suspect – person whose guilt is considered on reasonable ground Witness – person other than the suspect who is requested to give information Different types of criminal offenders a. All of them are interrogated separately and the interrogator may claim that the subject was implicated by the author and that there is no use for him to deny participation.Immediate and clear response from the subject is demanded and the interrogator uses harsh language. Confession . Passive inadequate offenders – commit crimes because of inducement.One interrogator (Mutt) is arrogant and relentless. c. or revenge. Non-emotional offenders – commit crimes for financial gain and are usually recidivist or repeaters. Mutt and Jeff Technique. promise or reward. time-consuming narration. Based on proficiency i. Techniques of Interrogation a.safeguards were established for the interrogation of suspected persons. When Mutt is not present. sympathetic and kind. c. or of some essentials thereof. Professional offenders – commit crimes which require special skills rather than violence. The statements are incoherent. sympathetic. Requirement for the Admissibility of Evidence Obtained Through Interrogation   Custodial Investigation and Self-Incrimination (1987 Constitution) Miranda v. While one of them is interrogated. Bluff on split-pair technique – applicable where there are two or more persons who allegedly participated in the commission of a crime. ii. Emotional appeal – interrogator must create a mood that is conducive to confession b. Jeff will advise the subject to make a quick decision and plea for cooperation. Basis of Interrogator’s Inference that the Subject is not Telling the Truth    The statements have many improbabilities and gaps on its substantial parts. one (Mutt) who is arrogant and relentless. Ordinary offenders – engaged in crimes which require limited skill ii.FROGLETS NOTES j. Psychological classification i.

provides guidelines to be observed by physicians concerning torture and other inhuman treatment o The doctor shall not countenance. duress. or anything influencing the voluntary act of the confessor.FROGLETS NOTES   Is an expressed acknowledgement by the accused of the truth of his guilt as to the crime charged. substances. and with full and complete knowledge of the nature and consequence of the confession. and fellow doctors.is the confession of an accused in court. 235. or (2) by inflicting such punishment in a cruel and humiliating manner. Tokyo Declaration. It is conclusive upon the court and may be considered to be a mitigating circumstance. without inducement of any kind. Such are inadmissible in evidence. admissions made by the parties in the pleadings. o Under the Rules of Court. extra-judicial confession is not a sufficient ground for conviction unless corroborated by evidence of corpus delicti. Confession is a statement of guilt while admission is usually a statement of fact by the accused which does not directly involve an acknowledgment of guilt. Judicial Confession. Importance of Identification . RPC) o The offender is a public officer or employee o The offender has under his charge a convicted or detention prisoner o The offender maltreats the prisoner by overdoing in the correction and handling of the prisoner by the (1) imposition of punishment not 7 By 4D2014-2015  Summary of Legal Medicine Book by Solis authorized by the regulation. CHAPTER III MEDICO-LEGAL ASPECTS OF IDENTIFICATION Identification is the determination of the individuality of a person or thing. condone.the accused speaks on his free will and accord. or knowledge to facilitate such in practices o The doctor shall not be present during any procedure during which inhuman treatment is used or threatened o A doctor must have complete clinical independence in deciding upon the care of a person for whom he is medically responsible o Where the prisoner refuses nourishment and is considered by the doctor as capable of forming an unimpaired and rational judgment concerning the consequences of such voluntary refusal of nourishment (as confirmed by at least one other independent doctor). o Under the Rules of Court. threat. intimidation.is a confession made outside of the court prior to the trial of the case. or participate in the practice of torture or other forms of inhuman procedures o The doctor shall not provide premises. or in the course of the trial or other proceedings do not require proof and cannot be contradicted unless previously shown to have been made through palpable mistake. to support the doctor as his/her family in the face of threats or reprisals resulting from refusal to condone the use of torture and inhuman treatment. or of some essentials thereof. Such consequences of the refusal of nourishment shall be explained by the doctor to the prisoner o The World Medical Association will support and encourage the international community. he or she shall not be fed artificially. Kinds of Confession   Extra-judicial Confession.  Involuntary. the national medical associations. o Extra-judicial confession may be:  Voluntary. Maltreatment of Prisoners  Elements (Art. or by maltreating to extort a confession or obtain information. instruments.obtained through force.

It is necessary for the team to act in the shortest possible time specially in cases of mass disaster. other relatives and friends as to the whereabouts of a missing person or victim of calamity or criminal act. place. Methods of Identification   By comparison-Identification criteria recovered during investigation are compared with records available in the file. well-seasoned by experience and observation Ordinary Methods of Identification  Points of Identification Applicable to Living Persons Only o Characteristics which may easily be changed  Growth of hair. The value of the different points of identification varies in the formulation of conclusion (e. may show a characteristic manner of walking.  Speech. Rules in Personal Identification      Law of Multiplicity of Evidence in Identificationthe greater the number of points of similarities and dissimilarities of two persons compared. on account of disease or some inborn traits..g. way of sitting. movement of hand.  Gait. a clergy man by his robe.a person. and abnormalities. The longer the interval between the death and the examination of the remains.If two or more persons have to be identified and all but one is not yet identified. the greater is the need for experts in establishing identity. By exclusion. manner of leaning.Size. shape. movement of body.stereotype movement or habit peculiar to an individual.a recollection of time. pins. Identification of Persons Classification of the Bases of Human Identification  Those which laymen use to prove identity. visual recognition by relative or friends may be of lesser value as compared with fingerprints or dental comparison).A person’s special desire or habit to be in a place if he has the opportunity to do so  Grade of profession. parties to a contract. etc.FROGLETS NOTES     To establish the identity of the offender and that of the victim in the prosecution of the criminal offense. and other social benefits.  Foot or hand impressiondevelops when a . rings. release of dead bodies to relatives.e. stutter.a person may have a special preference for certain form. To identify a person missing or presumed dead in order to facilitate the settlement of the estate.g. and events. retirement. Identification resolves the anxiety of the next-ofkin. or a nurse by her cap  Body ornamentationsearrings. etc.  Mannerism. then the one whose identity has not been established may be known by the process of elimination. Usually worn by persons o Characteristics that may not be easily changed  Mental memory.)  Hands and feet. texture or style  Frequent place of visit. insurance. the greater is the probability for the conclusion to be correct. movement of facial muscles. (E. There is no rigid rule to be observed in the procedure of identification of persons. necklaces. sale of property.no special training or skill required 8 By 4D2014-2015  Summary of Legal Medicine Book by Solis Those which are based on scientific knowledgemade by trained men. beard or mustache  Clothing. entering a premise.g. or lisp. manner of talking and quality of the voice.a person may stammer. a mechanic may be recognized by his tools. Identification may be needed in some transactions like cashing of check. etc.

Black  Feature of the face  CaucasianProminent sharp nose  Malayan. etc. Points of Identification Applicable to Both Living and Dead before Onset of Decomposition o Occupational marks.introduction of coloring pigments in the layers of the skin by multiple puncture.g.or right-handedness Degree of nutrition. floor. state of being color blind.e. and soft . cement mixture. or other semi-solid mass.Almond eyes and prominent cheek bone 9 By 4D2014-2015 Summary of Legal Medicine Book by Solis  o o o o o o o o Negro. Complexion Changes in the eyes.Round head  Red Indians and Eskimos. and custom.scar has inflammatory redness. Stature.Flat head  Wearing Apparel. blood.a remaining mark after healing of the wound.Thick lips and prominent eyes  Shape of the skull  CaucasianElongated skull  Malayan. Facies. Deformities.a footmark or handmark on a hard base contaminated or smeared with foreign matters like dust.in relation to height and age. improper union of fractured bones Moles Scar.different kinds of facial expressions brought about by disease or racial influence.change in height. rate of growth Tattoo marks. and it is soft and sensitive  Two to six monthsbrownish or coppery red.  Footprint or handprint. Left. clay. reddish or bluish in color. and tender to touch  Few weeks to two months.not a good point of identification for it is easily changed from time to time. nationality.certain occupations may result in some characteristic marks or identifying guide o Race  Color of the skin  Caucasian-Fair  Malayan-Brown  Mongolian-Fair  Negro.may be congenital or acquired Birth marks Injuries leaving permanent results.Flat nose with round face  Mongolian.  Age of scar  Recently formedslightly elevated. region.Round head apparel  Mongolian.Casual and customary wearing may indicate race as well as religion. amputation. Weight. far-sightedness. free from contraction and corrugation.FROGLETS NOTES       foot or hand is pressed on mouldable materials like mud. etc.nearsightedness.

Identification of Blood H. or persons who ate acquainted with the physical features of the person to be identified 1. relatives. Hair 10. 4. Identification of skeleton E. Among illiterates. Measurement of the limbs Portrait Parle (spoken picture) . scars 3. eyes 2. Race or color 4. Ornamentation 2. contracted. 2. The necessary measurement can easily be taken.FROGLETS NOTES  Six months or more. It is impossible to find two human beings having bones exactly alike. Personal belongings 10 By 4D2014-2015 3. Neck 12. Posture 8. Prints on file are useful for comparative purposes 4. Determination of sex F. Determination of Age G. Built 7. Such information may be given bybthe witness. SCIENTIFIC METHODS OF IDENTIFICATION A. Fingerprinting considered to be the most valuable method of Identification the finger may be wounded or burned. Age.scar is white. Face 11. and tough Anthropometry (Bertillon System) . 3. Dactylography is the art and study of recording fingerprints as a means of identification Dactyloscopy is the art of identification by comparison of fingerprints Poroscopy is the study of the pores found on the pappillary or friction ridges of the skin Merhods of Producing Impression 1. Body marks . 7. Help establish identity in cases of dead bodies 2. accurate and picturesque description of the person identified. Descriptive Data . Summary of Legal Medicine Book by Solis Waering apparel Foreign bodies Identification by close friends and relatives Identification record Photographs II. Weight 6. sex 3. Head 9. Fingerprinting B. Measurement of head C. Prints recoveres from crime scene associate person 3. 6.color of hair. Shoulder 13.bulbs of the thumb and other fingers are rolled on the surface of the paper after being rolled on an ink pad Kinds of Impression . Wrist 14. glistening. Height 5. Plain method . The human skeleton is unchangeable after twentieth year. General impression 2.moles. Dental identication C. Anthropometrical measurements A. 5. Information included 1. Rolled method . There is no two identical fingerprints 2.scheme utilizing anthropometrical measurement of the human body as the basis of identification Basis 1. Fingerprints are not changeable Practical uses 1. Hands 15. Fingers 16. Handwriting D. Identification of Hair and Fibers A. right thumbprint is recognized as substitute for signature. but the whole pattern with all its details will reappear when the wound heals 1.bulbs of the last phalanges of the fingers and thumb are pressed on the surface of the paper after pressing them on ink 2.verbal. Arms 17. Body measurement B. Feet Extrinsic Factors in Identification 1.

. The dentist may only concern himself with the affected teeth and may not care to have a detailed examination of the other teeth. 3. Anonymous threatening letters 6. After death. Central pocket loop C.the ridgea go from one side of the pattern to another.impresses by mere chance without any intention to produce it How to Get Fingerprint Impressions on Dead Bodies . Although there may be a law obligating dentists to have a record of their patient. B. Opinion of an expert Practical Uses of Handwriting Examination 1.one or more ridges enter on either side. Kidnapping with ransom 5. Death inveatigation 3. Changes in the teeth which are not seen by the dentist C. and has thus acquired knowledge of the handwriting of such person. It may outlast all other tissues. the law does not mention the agency which will enforce it 4. Causes of Unreliability of the Dental Records 1. The genuineness of any disputed writing may be proven by any of the following ways 1. Loops . the fingerprints will always remain unchanged and indestructible. Acknowledgement of the alleged writer 2.science of handwriting analysis Graphology . Lateral pocket loop D.If the "floater" has been in the body if water for a longer time and the friction ridges have disappeared. Real impression . or has seen writing purporting to be his upon which the witness has acted or been charged. Tented arches 2. Financial crime 2. never turning back to make a loop A. the greater the degree of tissue deatruction. Accidentals Q: Can fingerprints be effaced? A: No. This area of the skin is placed in a small labelled test tube containing formaldehyde solution. 4. Radial loop 3. Opinion of persons who are familiar with the handwriting of the alleged writer 4. recurves and terminate on the same side from which it entered A.study of handwriting for the purpose of determining the writer's personality. Plain arches B. Twin loop E. . Chance impression .impression of the finger bulbs with the use of printing ink on the surface of the paper 2.FROGLETS NOTES 1. Simple whorl B. Arches . the more reliable is the comparative or exclusionary mode of identification that can be done. 2. Summary of Legal Medicine Book by Solis The enamel of the teeth is the hardest substance in the body. character and aptitude.The handwriting of a person may be proved by a witness who believes it to be the handwiting of such person. 11 By 4D2014-2015 2. the greater is importance of the dental characteristic. the fingers are uncleanched and each one is inked individually with the aid of small rubber roller. No uniformity in nomenclature in the charting of teeth 3. the skin of the fingertips is cut away. HANDWRITING . Statement of the witness who saw the writing 3. The possibility of two persons to have the same dentition is quite remote.patterns with two deltas and patterns too irregular in form to classify A. DENTAL IDENTIFICATION 1. Robberies 4.In case of fresh bodies. still there is no case in record known or have been written. as long as the dermis of the bulbs of the finger is not completely destroyed. and has seen the person write. Whorls . Ulnar loop B. Q: Can fingerprints be forged? A: There is considerable controversy as various experiments could almost make an accurate reproduction. Types of Fingerprint Patterns 1. Falsification of documents Bibliotics . The more recent the ante-mortem records of the person to be identified.

FROGLETS NOTES
Handwriting - complex interaction of nerves

c.
d.
e.

Writing - conscious act, but on the account of repeated act
it becomes habitual and unconscious
Movements in Writing
1. Finger movement- letters are made entirely by
the action of the thumb, the pointing and middle
fingers
2. Hand movement – letters are produced by the
action of the hand as a whole with the wrist as
the center of action
3. Arm movement – movement in writing is made
by the hand and arm supported with the elbow at
the center of later swing
4. Whole arm movement – action is produced by
the entire arm without any rest

The Form, Style and Characteristics of the Handwriting
of a Person are Basically Determined By:
Primary Factors
1. Survival of the letters are formed when a person
begins to write
2. Inclusion of some characteristics due to
admiration of a peculiar design in writing
3. Identifying characteristics may be the result of
the great volume of writing done
4. The presence or absence of physical
abnormalities or defects originating from illness,
injury, psychological variations and other similar
conditions
Secondary Factors
1. Position of writer
2. Temporary physical or psychological disturbance
3. Other external temporary variables
4. Physical and chemical factors
A. Writing instrument
a. Ballpen
b. Fountain pen
c. Steel pen
d. Pencil
B. Paper
a. Color
b. Surface appearance
c. Watermarks
d. Weight and thickness
C. Ink
a. Iron gallotannate ink
b. Washable ink

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Summary of Legal Medicine
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Logwood ink
Carbon ink
Ballpoint ink

CHAPTER III
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
Instruments Necessary in Questioned Document
Examination:
1.
2.

3.
4.
5.

Photographic instruments- to view the writing in
sufficient magnification for detail examination and
preparation of evidence for presentation
Magnifying lend and stereoscopic binocular
microscope- to determine unusual appearances of
writing. Obliterations, erasures and alterations may be
more visible
UV lamp and infra red radiation- to mae visible the
chemical erasures
Measuring caliper
Good lighting facilities

Purpose of Handwriting Examination
1.
2.
3.
4.

Whether the document was written by the suspect
Whether the document was written by the person
whose signature it bears
Whether the writing contains additions or deletions
Whether the document such as bills, receipts, suicide
notes or checks are genuine or a forgery

Points to Consider in Questioned Document Examination

Slant, spacing, size, proportion of the letters, speed
and rhythm in writing, shading, pen strokes
The greater the variation in the way of writing, the
greater the amount of standard of writing needed to
form a reliable impression
To determine whether a certain instrument or
document has been written by a certain person,
compare the writings with some standard of writings of
the same person
o Two Types of Standard Writings:
 Collected Standards: handwriting
by the person who is suspected to
have written the questioned
document; may be found in the
private or public records of the
persons
 Requested Standard: standards
made by the alleged writer upon
request of the examiner; usually

FROGLETS NOTES
applicable only to recently written
documents

7.

The deliberate attempt on the part of the writer to alter his
writing habit to invent a new writing style of by imitating the
writing of another person.
 Done by changing the direction of the slant,
changing the speed in writing, deliberate
carelessness

8.
9.

Disguised writing

Signature forgery
Signature forgery examination is the most common activity
of a questioned document examiner
Classifications of Signature Forgery
1. Traced forgery: the outlining of a genuine signature
from one document onto another
2. Simulated forgery: an attempt to copy in freehand
manner the characteristics of a genuine signature
either from the memory of the signature or from as
model.
3. Spurious forgery: one prepared primarily in the
forger’s own handwriting wherein little or no attempt
has been made to copy the characteristics of the
genuine writing
Typewriter Identification
The identification of the typing machine used in a
questioned document
IDENTIFICATION OF THE SKELETON
In the examination of bones, the following points can be
determined:
1. Whether the remains are of human origin or not:
Study the shape, size, and general nature of the
remains, especially that of the skull
2. Whether the remains belong to a single person or not:
Any plurality or excess of the bones after a complete
lay out denotes that the remains belong to more than
one person
3. Height
4. Sex:
Study the pelvis, skull, sternum, femur and humerus
5. Race
6. Age:
Determined by the appearance of ossification centers
and union of bones and epiphyses, dental
identification, and obliteration of cranial structures

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Length of interment or length from the time of death
May be determined by the nature and presence of soft
tissues and the degree of erosion of the bones.
Ordinarily, all the soft tissues in a grave disappear
within a year.
Presence or absence of ante or post mortem injuries
Congenital deformities and acquired injuries on the
hard tissues causing permanent deformities

(pp. 86-102)
Procedure of the Test
Two Methods may be utilized and both should be
employed in the examination:
1. Detection of Agglutinins
2. Detection of Agglutinogens
Value of the Test
 It may solve disputed parentage (maternity or paternity).
 Positive result - not conclusive that the one in question is
the offspring
 Negative result - conclusive that he is not the child of the
alleged parents. Grouping is true not only with blood but
also with other body fluids like saliva, vaginal secretion,
seminal fluid, milk, urine and others
INHERITANCE PATTERNS OF ABO BLOOD GROUPS
Group
Parents
OxO
OxA
OxB
AxA
AxB
BxB
O x AB
A x AB
B x AB
AB x AB

of

Group
of
Children
O
O, A
O, B
O, A
O, A, B, AB
O, B
A, B
A, B, AB
A, B, AB
A, B, AB

Exclusion
Cases
A, B, AB
B, AB
A, AB
B, AB
A, AB
O, AB
O
O
O

Different Characteristics of Blood from Different Sources:
1. Arterial Blood – bright scarlet in color, leaves the blood
vessel with pressure, high oxygen contents
2. Venous Blood – dark red in color, does not spill far
from the wound, low oxygen content
3. Menstrual Blood – does not clot, acidic in reaction
owing to mixture with vaginal mucous, on

FROGLETS NOTES
microscopic examination, there are vaginal epithelial
cells, contains large number of Deoderlein’s bacillus.
4. Man’s or Woman’s Blood- no method of
differentiating man and woman’s blood
5. Child’s Blood- at birth, it is thin and soft compared
with that of adult, red blood cells are nucleated and
exhibit greater fragility, red blood cells count more
than in adult.
Identification of Hairs and Fibers
1.

Addition of a substance that will coat the outer
surface of the hair so as to impart a different
color.
Ex.: Salts of bismuth, lead, silver and pyrogallic
acid

2. Addition of substances which bleach
change the natural color of the
hair.
Ex.: Hydrogen peroxide, chlorine
diluted nitric acid

or
fiber

or

and

Distinctions between Human and Animal Hair:
Medulla

Human
Air network in fine
grains
Cells invisible without
treatment in water
Value of I lower than
0.3
Fuzz without medulla

Cortex

Looks like a thick muff
Pigments in the form
of fine grains

Cuticle

Thin
scales
not
protruding, covering
one another to about
4/5

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Animal
Air network in
forms of large
and
small
sacks.
Cells
visible

easily

Value of I higher
than 0.5
Fuzz
with
medulla
Looks like a
fairly thin hollow
cylinder
Pigments in the
form of irregular
grains
larger
than that of
human’s
Thick
scales
protruding, do
not cover one
another
the

Summary of Legal Medicine
Book by Solis

same degree as
human’s
Note: Medullary index (I) is the relation between the
diameter of the medulla and the diameter of the whole hair.
The hair and fiber may be examined microscopically in its
cross-section and longitudinal aspect.Comparative study
must be made to show similarity of the hair and fiber.
Other Points in the Identification of Hair:
1. Characteristics of the hair:
Hair on body surfaces is fine while those from the beard,
mustache and scalp are very thick.
Hair from the eyebrows and lashes is tapering gradually to
finepoints.
2. Length of the Hair:
Hair from the scalp grows 2.5 cms. a month.
Beard hair grows at the rate of 0.4 millimeter a day.
3. Color of the hair:
 May be black, blonde or brunette.
 Hair from older persons may be white or gray.
 The hair may be artificially colored by bismuth, lead or
silver salts.
 It may be bleached by addition of hydrogen peroxide,
chlorine or diluted hydrochloric or nitric acid.
Male or a Female Hair
In many instances it is quite impossible to state the sex
from the hair, but certain points may be worthy of mention:
 Hair on the scalp of male is shorter, thicker and more
wiry than that of female's.
 Eyebrow hair of a male is generally long and more wiry
than that of a female's.
Estimation of Age Based on the Hair:
 Hair of children is fine, short, and deficient of pigments
and, as a rule, devoid of medulla.
 At the adolescent age, hair may appear at the pubis.
Hair on the scalp becomes long, wiry, and thick.
 In the case of older persons, the color is usually white
or gray, with marked absorption of pigments and
degenerative changes
CHAPTER IV
MEDICO-LEGAL ASPECTS OF DEATH
Importance of Death Determination
1. The civil personality of a natural person is extinguished
by death;
2. The property of a person is transmitted to his heirs at
the time of death;

The death of the partner is one of the causes of dissolution of partnership agreement. it appears that further attempts at resuscitation or supportive maintenance will not succeed. there is:  absence of spontaneous respiratory and cardiac function. 4. if he is then on respirator. Note: All of these tests shall be repeated at least 24 hours later with no change.  It is a condition in which the physician and the members of the family pronounced a person to be dead based on the common sense or intuition 3.  it is the complete cessation of all the vital functions without possibility of resuscitation. 15 By 4D2014-2015 Summary of Legal Medicine Book by Solis Death will have occurred when these conditions first coincide.  The pupil will be fixed and dilated and will not respond to a direct source of bright light.  As a rule. directly or indirectly. Flat electro-encephalogram  Of great confirmatory value is the flat or iso-electric E. The criminal liability of a person is extinguished by death. the Ad Hoc Committee of Human Transplantation convened under the auspices of the Institute of Forensic Sciences. i. Chapter 378 of Kansas Statute) Brain Death 1.e. quadriceps and gastrocnemius muscles with the reflex hammer elicits no contraction of the respective muscles. Brain Death  Death occurs when there is deep irreversible coma. Brain and Cardio-Respiratory Death A person will be considered medically and legally dead if in the opinion of a physician based on ordinary standards of medical practice. or because of the passage of time since these functions ceased.G. (Section 1. No reflexes Irreversible coma with abolition of central-nervous system activity is evidenced in part by the absence of elicitable reflexes. The civil case for claims which does not survive is dismissed upon the death of the defendant.E. d. yawning. the following are the characteristics of ―irreversible coma‖: a. tapping the tendons of the biceps.  it is an irreversible loss of the properties of living matter.  absence of spontaneous brain function and if based on ordinary standards of medical practice during reasonable attempts to either maintain or restore spontaneous circulatory or respiratory function in the absence of aforesaid brain function.  Ocular movement (to head turning and to irrigation of the ears with ice water) and blinking are absent. Cardio-Respiratory Death  Death occurs when there is a continuous and persistent cessation of heart action and respiration. Death  is the termination of life. that the apparatus is functioning normally. and the following were considered: . Based on the Criterion Used in its Determination. No movements or breathing  Observation covering a period of at least l hour by physicians is adequate to satisfy the criteria c. assuming that the electrodes have been properly applied. In 1969. attempts at resuscitation are considered hopeless. and that the personnel in charge are competent.FROGLETS NOTES 3. It is emphasized that the patient be declared dead before any effort is made to take him off the respirator.  There is no evidence of postural activity (decerebrate or other).  Plantar or noxious stimulation gives no response. The death of either the principal or the agent is a mode of extinguishment of agency.  Swallowing. these functions to cease. and because of the disease or condition which caused.  an event that takes place at a precise time. 6. According to Harvard Report of 1968. the stretch or tendon reflexes cannot be elicited. Unreceptivity and Unresponsibility  There is a total unawareness to externally applied stimuli and inner need and complete unresponsiveness b. absence of electrical brain activity and complete cessation of all the vital functions without possibility of resuscitation. 5. 2.  the ascertainment of death is a clinical and not a legal problem. Duquesne University School of Law adopted the proposed criteriafor the determinationof death otherwise known as Philadelphia Protocol. triceps and pronator muscles. 2.  Corneal and pharyngeal reflexes are absent. death may be: 1. vocalization are in abeyance.

Palpation of the Pulse. It is further laid down that these criteria shall have been present for at least 2 hours and that death should be certified by two physicians other than the physician of a potential organ recipient. Absence of spontaneous breathing movements for 3 minutes.the eyelids remain open .8. d. Falling arterial pressure without support by drugs or other means. to strong e.body fluids tend to gravitate to the most dependent portions of the body . d. No ocular response to ice water stimulation of the inner ear. d.10. Reflexes and response: d. Lack of responsiveness to internal and external environment.9.the sphincters are relax . d.FROGLETS NOTES a. heart and lungs which maintain life and death. Iso-electric electro-encephalogram (in the absence of hypothermia. Auscultation for the heart sound at the precordial Area . b. No superficial reflexes. Note: The use of the criteria of brain death may only be applied to those persons who are potential organ donors. 3.4. c. anesthetic agents and drugs intoxication) recorded spontaneously and during auditory and tactile stimulation. non-reactive stimuli.  hardly impossible to determine the exact time of death.pupils dilate . The Ottawa General Hospital (1970) guidelines for the criteria of cerebral death. Supra-orbital or other pressure response absent (both pain response and decerebrate posturing).the face and lips become pale .1.6. d. KINDS OF DEATH 1. d.  immediately after death. Other Set of criteria to Establish Brain Death: 1.the rhythmic contraction and relaxation of the heart is audible through the stethoscope. there is still animal life among individual cells. SOMATIC DEATH OR CLINICAL DEATH  state of the body in which there is complete. CESSATION OF HEART ACTION AND CIRCULATION  There must be continuous cessation of the heart action and the flow of blood in the whole vascular system Methods of Detecting the Cessation of Heart Action and Circulation a.  About 3-6 hours later.5. there is death of individual cells known as molecular or cellular death  Exact occurrence cannot be definitely determined due to several factors 3. in the absence of hypocarbia and while breathing room air.skin loses its elasticity .1. external stimulus or other forms of influence. No muscular movements with generalized flaccidity and no evidence of postural activity or shivering. uremia. Examination of the Heart a. . No reflex response to upper airway stimulation. f. Corneal reflexes absent.the Council of Ministers published a decree which adopted the official definition of death on recommendation of the French Academy of Medicine. MOLECULAR OR CELLULAR DEATH  After cessation of the vital functions. No deep tendon reflexes. d. No reflex response to lower airway stimulation.may be made at the region of the wrist or at the neck a.7. persistent and continuous cessation of the vital functions of the brain. 16 By 4D2014-2015 Summary of Legal Medicine Book by Solis A. d.2. Heart sound can be audible during life even without the aid of a stethoscope by placing the ear at the precordial area .2. catalepsy and electric shock B.  It may arise especially hysteria. APPARENT DEATH OR STATE OF SUSPENDED ANIMATION  This condition is not really death but merely a transient loss of the vital functions of the body on account of disease.the muscles become flaccid . Pupils fixed and dilated. d. In France (1968) . Absence of snucking or snouting response. SIGNS OF DEATH 1. No plantar responses. Mohandas and Chou (1971) – standards of Brain Death accepted at the University of Minnesota Science Center.the lower jaw tends to drop .3.body heat gradually assumes the temperature of the surroundings 2. 2. d.

. Pressure on the Fingernails:  lf pressure is applied on the fingernails intermittently.  The fingers are spread wide and the finger webs are viewed through a strong light. Examination of the Peripheral Circulation: b. Icard's Test  This consists of the injection of a solution of fluorescein subcutaneously.2. Palpation of the Radial Pulse With Fingers  Living: will feel the rhythmic pulsation of the vessel due to the flow of blood.4. CESSATION OF RESPIRATION  must be continuous and persistent. Flouroscopic Examination. as in divers. like CheyneStokes respiration. Magnus’ Test:  A ligature is applied around the base of a finger with moderate tightness. swimmers. and reactions of the injured area will be observed. Dull and lustreless mucous membrane Imflammatory exudates is not seen.will reveal the shadow of the heart in its rhythmic contraction and relaxation. no sign of congestion. Application of Heat on the Shin  If heated material is applied on the skin Living: blister formation.  When bigger arteries are cut. In cases of apparent drowning. b. Opening of Small Artery:  Living: the blood escapes in jerk and at a distance. d. but it cannot be longer than two minutes. Newly-born infants may not breathe for a time after birth and may commence only after stimulation or spontaneously later.5.  Dead: the blood vessel is white and there is no jerking escape of blood but may only ooze towards the nearby skin.  There will be no such change of color if the test is applied to a dead man.7. areas of redness alternating with pale areas found in a hollow viscus. Diaphanous Test 17 By 4D2014-2015 other vital b. The shadow may be enlarged and the excursion made less visible due to pericardial effusion. Dead: No such pulsation will be observed b.FROGLETS NOTES Summary of Legal Medicine Book by Solis Difficulties in Auscultation may be encountered in: (a) Stout person (b) Fatty degeneration of the heart. b. 2. blood may flow without pressure continuously. Not so.  Living: the finger webs appear red Dead: yellow a. In a purely voluntary act. Dropping of Melted Wax Melted sealing wax is dropped on the breast of a person.3. congestion. the dye will spread all over the body and the whole skin will have a gleenish-yellow discoloration due to flourescein. INTERNAL HYPOSTASIS IN VISCERAL ORGANS Post-mortem lividity occurs in internal organs. Dead: will not produce true blister. b.  This test should be applied only with the use of the daylight as the color is difficult to be appreciated with the use of artificial light. In the following conditions there may be suspension of respiration without death ensuing: a.3. there will be a zone of paleness at the site of the application of pressure which become livid on release. c. etc. Simple Congestion Generally uniform and found all over the body. In some peculiar condition of respiration.4. b. there is no such change in color. a. Post Mortem Lividity Staining in organs is irregular and occurs in most dependent parts.  In a living person there appears a bloodless zone at the site of the application of the ligature and a livid area distal to the ligature. or other vital reactions.  If circulation is still present. Dead: there will be no inflammatory edema at the neighborhood of the dropped melted wax.8. b. but the apneic interval cannot be longer than fifteen to twenty seconds. Not seen in simple congestion.1. b.6.  If the ligature is applied to the finger of a dead man. By the Use of Electrocardiograph This is the best method of determining action but quite impractical heart b. (c) Pericardial effusion.

State of the Body before Death: An emaciated person at the time of death will decompose slower than a wellnourished individual. Phosphorus poisoning Presence can be revealed in history. Factors Modifying the Rate of Putrefaction Internal Factors Age Condition of the Body Cause of Death External Factors Free Air Earth Water Clothings CHANGES IN THE BLOOD: FACTORS INFLUENCING THE CHANGES IN THE BODY AFTER BURIAL Hydrogen Ion Concentration Rise of non-protein nitrogen and free amino-acid Chemical: Chloride in the plasma. Skin lesion appears after death. Extrusion of the Fetus in a gravid uters. 18 By 4D2014-2015 Time elapsed between death and burial and environment of the body. Skin lesion present before death May be found all over the skin and organs. glycolytic and lipolytic ferments of glandular tissues continue to act which lead to the autodigestion of organs. Tissue changes in Putrefaction: 1. Changes in the color of the tissue 2. Condition and type of soil: Dry. Effect of Coffin: the use of a coffin will delay decomposition if it is airtight and hard. This action is facilitated by weak acid and higher temperature and delayed by the alkaline reaction of the tissues of the body and low temperature. PUTREFACTION OF THE BODY Putrefaction is the breaking down of the complex proteins into simpler components associated with the evolution of foul smelling gasses and accompanied by the change of color of the body.FROGLETS NOTES Summary of Legal Medicine Book by Solis 3. Skin lesion present before death May be found all over the skin and organs. Evolution of Gasses in the tissues Effects of the Pressure of Gasses of Putrefaction Displacement of Blood. Fluid Coming out of both nostrils and mouth. Liquefaction of the Soft Tissues Post Mortem Lividity Haemorrhage of scurvy Presence can be revealed in history. proteolytic. Magnesium as a result of diffusion. Skinny persons have more tendency to decompose. AUTOLYTIC OR AUTODIGESTIVE CHANGES AFTER DEATH After Death. Clothing and Any other Coverings on the Body when buried: Clothings retard decomposition because it affords protection from insects and aids adipocere formation. Their early appearance is observed in the parenchyatous and glandular tissues. Depth at which Body is buried: the greater the depth the body is buried the better the preservation. arid and sandy soil promotes mummification. Present in the most dependent portions of the body. floating of the body. Potassium increases owing to diffusion. Bloating of the Body. Inclusion of something in the Grave which will hasten Decomposition Access of Air to the Body after Burial: Air may hasten evaporation of the body fluid and promotes mummification. Mass Grave: There is relatively rapid decomposition of the bodies Trauma on the Body: CHRONOLOGICAL SEQUENCE OF THE PUTREFACTIVE CHANGES OCCURING IN TEMPERATE REGIONS .

Scrotum distended. arms. skin of hands and feet come off with nails like a glove. Maggots found on the body. Soft viscera putrefied. Upper surface of brain greenish in color. proteolytic and autolytic ferments. Face swollen and red. Features unrecognizable. Other destructive agents during decomposition include flies and maggots. Season of the Year: The moist hot air of summer is very favourable for putrefaction. neck and sternum. Nails and hair still intact. destruction of nuclei and generation of gasses in the cells. Conditions of the body: Stout persons float quicker. Blisters forming all over the body. other mammals. The face appears softened and has a faded white color. Purplish red streaks of veins prominent on the extremities. Eyeballs are soft and yielding. Lungs emphysematous and covered the heart. Body greenish-brown. External Influence: the presence of heavy-wearing apparel or addition weight in the pockets or attached to the body delays floating. Frothy blood from the moth and nostrils. Special Modification of Putrefaction . It grows in the parenchyatous organs and is responsible for the disintegration of cytoplasm. Abdomen distended. Summary of Legal Medicine Book by Solis 4-5 days 5-7 days Decomposition is due to action of bacteria in various tissues of the body. Order of putrefaction when body is in water: Face. Green discoloration over whole abdomen and spreading to chest. Moving maggots seen. Hair and nails loose. neck and sternum. The skin on the hands and feet became sodden and bleached. Whole body grossly swollen and disfigured. Soft parts changes into a thick. Body skeletonised. CHRONOLOGICAL SEQUENCE OF THE PUTREFACTIVE CHANGES OCCURING IN TROPICAL REGIONS Rigor mortis present all over. Skin wrinkled. Ova of flies seen. Trunk bloated. Rigor mortis may persist. Rigor mortis absent all over. shoulders. The microorganism that plays an important role in decomposition is Clostridium Welchii. Aerobic activities are present in the early stages of decomposition. Only more resistant viscera distinguishable. Soft tissues largely gone. Abdomen distended with gas. Cornea fallen in and concave. external genitals and other parts of the body. Water: Dead body floats in a shallow and stagnant water of creeks or pond sooner than in deep water in running streams. Greenish discoloration on the eyelids. Face discoloured. Softening of tissues is the result of bacterial action. Sphincters relaxed. Greenish discoloration showing over the castum. Greenish discoloration spreading over the while abdomen. lips. 19 By 4D2014-2015 4 wks 6 – 8 wks Factors Influencing the Floating of the Body in Water Sex: Women float sooner than men. semi-fluid black mass 1-3 days 3-5 days 8-10 days 14 – 20 days 2-5 mos after death 12 hrs 24 hrs 48 hrs. rodents. Nails and hair loose and easily detached. later on activities of the anaerobes are the most prominent with the production of gasses. Hypostasis well developed and fixed. 1 – 2 wks Age: Bodies of fully-developed and well-nourished newlyborn infants float rapidly. Abdomen distended with gasses. INFLUENCE OF BACTERIA IN DECOMPOSITION 72 hrs 1 wk 2 wks 1 mo. reptiles. legs. CHRONOLOGICAL SEQUENCE OF THE PUTREFACTIVE CHANGES WHEN THE BODY HAS BEEN SUBMERGED IN WATER Very little change if water is cold.FROGLETS NOTES Greenish Discoloration over the iliac fosae. Tissues soft and discoloured. Nails firm. Srotum and penis distended with gas. Skin peels off. Body swollen up owing to distention. abdomen. and molds. fishes and crabs. Skin of the hands and feet wrinkled. Blisters present.

It si fully developed in the body after 12 hrs. PRESUMPTION OF DEATH Rule 131 Section 5 Rules of Court Article 390 Civil Code   Stage of Decomposition: the approximate time of death may be inferred from the degree of decomposition. (2) addition of preservatives to inhibit decomposition. Stage of digestion in the stomach: it normally takes 3-4 hrs for the stomach to evacuate its contents after a meal. Saponification or Adipocere Formation: a condition wherein the fatty tissues of the body are transformed to soft brownish-white substance known as adipocere. Condition of the Bones: if all the soft tissues have already disappeared from the skeletal remains. presence of clothing. Article 391 Civil Code  Presumed DEAD FOR ALL PURPOSES: . Onset of Decomposition: In tropical areas. II. Mummification usually happens in warm countries where evaporation of body fluids takes place earlier and faster than decomposition. mass grave. Artificial: (1) acceleration of the evaporation of the tissue fluids of the body before actual onset of decomposition. rigor mortis sets in from 2-3 hrs after death. The 20 By 4D2014-2015 Disputable Presumption: not heard from for 7 years = DEAD o Dead for all purposes. Mummification: the dehydration of the whole body which results in the shivering and preservation of the body. State of the clothings: a circumstantial proof of the time of death is the apparel of the deceased Chemical changes in the Cerebro-Spinal Fluid Factors Influencing Adipocere Formation Post-mortem clotting and decoagulation of blood: blood clots inside the blood vessels in 6-8hrs after death. he was last seen voiding his urine. Kinds of mummification: Natural: the body will become dehydrated and mummified due to the forces of nature. Duration of Death Presence of Rigor Mortis: in warm countries. usually from the clothing of the victim. Summary of Legal Medicine Book by Solis approximate time of death may be deduced from the amount of food in the stomach in relation to his last meal. the presence of flies in the cadaver is sometimes used. It may last from 18 – 36 hrs and its disappearance is concomitant with the onset of putrefaction. is observed if it still living to approximate the time when said was submerged in water. pulverization of flat bones and diminution of weight due to the loss of animal matter may be the basis of the approximation. Presence or absence of soft tissues in skeletal remains: under ordinary conditions. Time interval between death and burial. the degree of erosion of the epiphyseal ends of long bones. EXCEPT: SUCCESSION Absentee shall not be presumed dead for the purpose of opening his succession till after absence of 10 years. Amount of urine in the bladder: the amount of urine in the urinary bladder may indicate the time of death when taken into consideration. III.FROGLETS NOTES I. State of Health before Death. the soft tissues of the body may disappear 1-2yrs after burial. decomposition is early and the average time is 24-48hrs after death. Entomology of the Cadaver: to approximate the time of death. Maceration: the softening of the tissues when in a fluid medium in the ansence of putrefactive microorganism which is frequently observed in the death of the fetus en utero. access of air to the body after burial. type of soil. Appears as small petechia-like red spots which later coalesce with each other to involve bigger areas in the most dependent portions of the body. Fleas recovered. Presence of Post-mortem lividity: usually develops 3-6 hrs after death. Presence of live fleas in the clothing (drowning cases): a flea can survive for approximately 24hrs submerged in water. o If he disappeared after 75 years old: Absence of 5 years SUFFICIENT to open succession. effect of a coffin.

3. TYPES: 1. 11. 4. 5. CHAPTER VII SPECIAL DEATHS I. 2. 1. hypnotics. there are no particular circumstances from which it can be inferred. Both UNDER 15: Older presumed survived Both ABOVE 60: Younger presumed survived One UNDER 15. Administration of a lethal dose of poison Overdosage of sedatives. 10. not been heard of for 4 years since loss of vessel or airplane. according to the following: JUDICIAL DEATH METHODS Article 392 Civil Code    Summary of Legal Medicine Book by Solis II. as to which of them died first. Person in armed forces who has taken part in war. 2. the other BETWEEN those ages: latter presumed survived Article 43. Different Sex: Male presumed survived b. 8. If absentee appears or without appearing his existence is proved. or ABOVE 60. shall prove the same. and the price of any property that may have been alienated or the property acquired therewith. the survivorship is presumed from the probabilities resulting from the strength and age of the sexes. other. Civil Code: If there is a doubt. Other ABOVE 60: UNDER 15 presumed survived One OVER 15. he shall recover his property in the condition in which it may be found. 4.FROGLETS NOTES o o o Lost on board a vessel lost during sea voyage. missing for 4 years Person In danger of death other circumstances and his existence not known 4 years. Orthothanasia b. 3. 3. other pain relieving drugs Injection of air into bloodstream Application of strong electric currents . Dysthanasia Ways of Performing Euthanasia 1. 2. 5. 2. it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. 9. such as: Wreck Battle Conflagration 1. 3. in the absence of proof. 4. 12. 7. 6. 2. a. Beheading Crucifixion Beating Cutting Asunder Precipitation from a height Destruction by a wild beast Flaying Impaling Stoning Strangling Smothering Drowning EUTHANASIA ―Mercy Killing‖ – deliberate and painless acceleration of death of a person usually suffering from an incurable and distressing disease. Active Euthanasia Passive Euthanasia a. 4. Rule 131 Section 5(jj) Rules of Court When 2 persons die in same calamity. whoever alleges the death of one prior to the 21 By 4D2014-2015 Death by Electrocution Death by Hanging Death by Musketry Death by Gas Chamber OTHER METHODS OF CAPITAL PUNISHMENT PRESUMPTION OF SURVIVORSHIP Not shown who died first. missing airplane. 1. Same Sex: Older One UNDER 15. Other UNDER 60. but he cannot claim either fruits or rents. as between 2 or more persons who are called to succeed each other.

Enjoyment of a thing could either be in the concept of ownership or holder of a thing while ownership belongs to another. This occurs when a person puts his or her life into jeopardy by voluntary self – injury 4. Ways of Performing Euthanasia 1. murder.destruction action of a person with terminal illness. under great provocation or mitigating circumstances 3. Unmarried or no kin left with means: municipal authorities *Shall perform such duty within 48 hours after death. the wounds are located in areas accessible to the hand. and other manner of violent death. Burial or Inhumation . Surviving spouse has the preferential right and duty to make the arrangements but if deceased spouse left a will stating among other things the manner his body will be disposed. Evidence which will rule out homicide. If married: surviving spouse if possesses means to pay the necessary expenses. III. 5. 2. unresolved personal problem. Evidence that will infer death is suicidal: 1. Right of Custody to body: To the person charged with the duty of burying the body except when inquest is required by law to determine cause of death or cause of death is accompanied by communicable disease. self-murder 2. 2. 3. Second degree – impulsive. Right of custody means possession. custody of which will remain to local board of health or municipal council until buried. such provision will prevail over the provisions of the Administrative Code. the holding of a thing or the enjoyment of a right. premeditated. 2. 4. 22 Summary of Legal Medicine Book by Solis History of depression. then it is murder.Artificial way of preserving body be injecting formalin and perchloride of mercury or arsenic in the common arteries and the femoral arteries. with or without the knowledge and and consent of the patient Poison was administered by the physician to the patient without the knowledge and consent of the patient. parricide. 3. Unmarried or child: nearest kin if they be adults and within the Philippines and in possession of means to pay the necessary expenses. Suicide under circumstances which suggest a lack of capacity for intention as when the person was psychotic or under influence and effects of drugs and alcohol. if able to do so. Justifiable suicide – self. The right of possession of a corpse is equivalent to ownership and unlawful interference is an actionable wrong. Embalming . Effects of act of self-destruction found in the body of the victim Presence of suicide note Suicide scene in place not susceptible to public view By 4D2014-2015 7. CHAPTER VIII DISPOSAL OF THE DEAD BODY Persons Charged with Duty of Burial: 1. vital parts of the body and usually solitary. SUICIDE Psychological Classification of Suicide 1. 6.FROGLETS NOTES 5. 3. planned.Body must be buried within 48 hours after death except when required for legal investigation or authorized . Third degree – sometimes called accidental suicide. 2. 5. First degree – deliberate. Treachery is inherent to the act of poisoning and treachery qualifies it to murder. mental disease Previous attempt of selfdestruction If committed by infliction of physical injuries. Patient himself The physician. unplanned. Methods of Disposal of the Dead Body 1. Failure to institute the necessary management procedure which is essential to preserve the life of the patient. Self-destruction due to negligence 6.

After 48 hours. They shall not be taken to any place of public assembly. shall issue burial or transfer permits upon the presentation of the death certificate. The Law Penalizes Desecration of Burial Premises (Sec. 307. (c) Except when required by legal investigation or when permitted by the local health authority. local health officer. 85. * The person who issued the death certificate shall notify the justice of the peace or the auxiliary justice or the mayor if neither of the two is available if he observed any indication of violence or crime. The burial remain is subject to the following requirements: (a) Shipment of remains abroad shall be governed by the rules and regulations of the Bureau of Quarantine. in the capacity of secretaries of municipal boards of health or as clerks to municipal councils as the case may be. within 12 hours after death unless directed otherwise by local board of health. Code of Sanitation) Burial Grounds Requirements the following requirements shall be applied and enforced: (a) It shall be unlawful for any person to bury remains in places other than those legally authorized in conformity with the provisions of this Chapter. Only the adult members of the family of the deceased may be permitted to attend the funeral. 3. 4. Restrictions as to funeral in cases of deaths due to communicable disease When the cause of death is a dangerous communicable disease. RPC) c. Burial permit (death certificate) must be presented before burial. Those bodies with dangerous communicable disease shall not be carried from place to place except for burial or cremation. If not. Primary duty of physician to furnish if available. the remains shall be buried within 12 hours after death. It is the duty of the local health authorities to cause such body to be thoroughly disinfected before being prepared for burial. Only adult members of the family may be permitted to attend the burial.It must be forwarded within 48 hours after death. religion or political persuasion.FROGLETS NOTES by local health authorities or when embalmed (impliedly allowed). Disposal of Dead Body to the Sea Allowed when death is not due to dangerous communicable disease. Permission from the provincial fiscal or mayor is necessary if death due to violence or crime. the secretary or of a councilor. A special permit needs to be secured from officers authorized to issue permits. new permit is needed. 309 and 2219 of the NCC as well as Articles 132 and 133 of the RPC. Summary of Legal Medicine Book by Solis (b) A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed within the same distance from any burial ground. Order is successive and exclusive. Burial of the person sentenced to death must not be held with pomp (Art. body needs to be buried within 24 hours because of the climatic condition. 306. nationality. Body must first be identified and there must be a permit for cremation. When not granted: . Cremation Pulverization of the body into ashes by the application of heat. Will of the deceased b. If with communicable disease. Copy of death certificate shall accompany transfer permit if body will be transferred from one municipality to another.  Death Certificate necessary before burial except in cases of emergency. . Revised Administrative Code) Burial Grounds Requirements (PD 856. In Philippines. no unembalmed remains shall remain unburied longer than 48 hours after death. mayor. (c) No burial ground shall be located within 50 meters from either side of a river or within 50 meters from any source of water supply. Burial and transfer Permits Municipal secretaries. 2695. (b) The burial of remains in city or municipal burial grounds shall not be prohibited on account of race. Limitations to the Funeral Rites a. 23 By 4D2014-2015 Study Articles 305.

a physician. a hospital or a scientific institution upon his death for transplant. the organ or part of his body to be donated and the specific purpose for which it will be utilized. 24 By 4D2014-2015 1. (f) Any authorization granted in accordance with the requirements of this Section is binding to the executors. After death: 1. Use of Body for Scientific Purposes Unclaimed remains may be used by medical schools and scientific institutions for studies and research subject to the rules and regulations prescribed by the department. a scientist. If minor. and members of the family of the deceased. (c) After the death of a person the next of kin may authorize the donation of an organ or any part of the body of the deceased for similar purposes in accordance with the prescribed procedure. (b) A married person may make such donation without the consent of his spouse. Further inquiry needed to cause of death 5. or research purposes subject to the following requirements: (a) The donation shall be authorized in writing by the donor specifying the recipient. Medical or scientific institutions including eye Requirements: 1. Deceased during his lifetime 2. Head of hospital or institution having custody in the absence of relatives Persons permitted to detach body parts: 1. A copy of the written authorization shall be forwarded to the Secretary. 3. administrators. Must be in writing 2. License physician or surgeon 2. Specify the organ/part to be detached persons 4. Nearest relative 2. Known scientist banks. notwithstanding the provisions of the Civil Code of the Philippines on matters of donation. If deceased left a written direction that he will not be cremated Persons who can grants permission to used body parts of deceased: 2. b. Study RA 349 as amended by RA 1056 (Donations of Human Body Parts) Donation of Human Organs for Medical.FROGLETS NOTES Summary of Legal Medicine Book by Solis 1. guardian with the approval of the court or by the legitimate father or mother. Identity has not yet been definitely ascertained a. Surgical and Scientific purposes Any person may donate an organ or any part of his body to a person. Specify the person/institution granted the authorization 3. the Director of the hospital may donate an organ or any part of the body of the deceased in accordance with the requirement prescribed in this Section. Before death: 3. Copy furnished to the Secretary of Health Limitation to the Authorization Not allowed when died with dangerous communicable disease Penal Provision Imprisonment of not less than six months nor more than one year. (d) If the deceased has no next of kin and his remains are in the custody of an accredited hospital. (e) A simple written authorization signed by the donor in the presence of two witnesses shall be deemed sufficient for the donation of organs or parts of the human body required in this Section. Married woman can give consent without husbands consent. medical. court and any entity vested with authority to investigate. Signed by the grantor and 2 disinterested 5. Exhumation The deceased buried may be raised or disinterred upon lawful order from fiscals. It must be .

permission may be granted after a burial period of 5 years Shorter period may be granted in special cases. subject to the approval of Regional Director (Director of Health) concerned or his duly authorized representative. Reasons could be: a. Person died with for a cause other than dangerous communicable disease may be disinterred after 3 years of being buried or in special cases. nationality. shorter time when in the opinion of Director of Health. Determine cause of death b. How long can exhumation be done after interment: Sec 92 Code of Sanitation. ascendants of the nearest degree.histopathological examination 25 By 4D2014-2015 Permission to disinter remains of persons who died of non . the cause of death. If the dead body is a subject matter of criminal investigation. it may be exhumed anytime 1. (c) Disinterment of remains covered in paragraphs "a" and "b" of this Section may be permitted within a shorter time than that prescribed in special cases.no body or remains shall be shipped to the US except under such conditions as may be prescribed by the United States Public Health Service. 2.  If dead body is a subject matter of criminal investigation. disposed of or exhumed without the consent of: spouse.Operative sponge. the remains shall be disinfected and places in a durable and sealed container prior to their final disposal. Recover organs or tissues for further examination for: . descendants of the nearest degree. (d) In all cases of disinterment. There must be a formal request from any of the law enforcement agencies authorized to make investigation addressed to any establishment authorized to perform medico-legal investigation. Determine identity c. it may be exhumed anytime. . the public health will not be endangered. 4.dangerous communicable disease may be granted after burial period of 3 years If death is due to a communicable dangerous disease.FROGLETS NOTES identified by relatives. brothers and sisters  Sec 1098 Revised Administrative Code Shipment of remains at sea . Disinterment Requirements: 1. (b) Permission to disinter remains of person who died of dangerous communicable diseases may be granted after a burial period of five years.  Read article 308 of the NCC  Summary of Legal Medicine Book by Solis . Even members of NBI are required to get permit from the Director of Health for exhumation.Metalic fragment or whole slug for ballistic examinations . the destination and remains. Recover foreign bodies . friends or by marks on the body. Physician must describe the coffin.toxicology analysis . age. of the deceased person. no human remains shall be retained. interred. The outside box containing the remains shall be plainly marked so as to show the name. It will be immediately disinfected and inclosed in a coffin. clothing and degree of decomposition before stating the actual disease or violence in his report.smears from vaginal canal and blood for alcohol determination d. In all cases of disinterment. medical instrument to prove medical negligence 2. According to Art 305 of the Civil Code. the remains shall be disinfected and placed in a sealed container prior to disposal. If the next of kin refuses to give consent for exhumation autopsy. subject to the approval of the Regional Director concerned or his duly authorized representative. 3. a petition in court must be done. Disinterment of remains is subject to the following requirements: (a) Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after a burial period of three years. case or box.

often when the next-of-kin is involved in the investigation Remedy: petition in court for an order to exhume body CHAPTER IX MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES     Physical injury is the effect of some stimulus on the body Effect is apparent: stimulus applied is insufficient to cause injury and body resistance is great Effect is real: effect is visible Effect of application of stimulus: Immediate (sharp object causing stab wound). deformity. aside from issuing the necessary permit. f. identity of the deceased . e. he may set the date and time for exhumation A written request for exhumation must be sent to the regional director or ministry of health stating: Name of deceased Place of exhumation Date and time of exhumation Duration of interment Purpose of exhumation The Ministry of Health. Summary of Legal Medicine Book by Solis Actual autopsy and adoption of procedure is needed to accomplish the purpose of exhumation Disinfection of the body and all areas involved must be carried out with the assistance of the local health officer and return of the body to the burial place Included in the Exhumation Report: a. During exhumation. e. k.legal investigation. c. b. f. i. The name of the deceased person and circumstances Purpose of exhumation Name address and designation of the requesting party Date. h. time place of exhumation Description of the burial place Name and address of the persons who identified the burial place Condition of the body and coffin if there is interment Name and address of the persons who identified the body of the deceased The post-mortem examination and accomplishment of the purpose of exhumation Conclusions based on the findings and result of examination Remarks if any Signature and designation of physician’ Problems in Exhumation: a. d. j. b. c.legal exhumations a.FROGLETS NOTES Requirements to be satisfied in exhumation: a. b. shall also infor the local health officer to assist the physician in the exhumation to ensure that public health will not be prejudiced. the body must be viewed by any or more persons who can identify the deceased 26 By 4D2014-2015 g. d. The request must mention the name of the deceased. g. Delayed (blunt object causing contusion) . contamination or such other effects After opening the coffin. b. h. the grave must be properly identified by the person who was present when the body was interred During disinterment. care and diligence must be observed to avoid destruction. such that the body or remains. l. after exhumation shall immediately be disinfected and enclosed in a coffin or box and this box shall be placed in an outside box which shall also be securely fastened. Duration of interment as required Exhumation permit to be provided by the Director of Health Compliance of sanitary requirements. c. Procedure in medico .      There must be formal request from any law enforcement agency to make an investigation addressed to any person authorized to perform medico . Reasons for the request are:  To determine the cause of death  Determine the identity of the deceased  Recover organs for further examination  Recover foreign bodies If the physician found that there is justification to the exhumation and a strong probability for the purpose to be realized.often in disaster victims refusal of the next-of-kin to give consent or to cooperate in the exhumation-autopsy . place and date of interment suspicion as to the cause of death etc.

the greater the likelihood that a laceration will result. lacerated wound) b. burns or scald) f. liver. spleen and intestine Non . loss of function . tissue may not be able to function normally Vital reaction differentiates an ante-mortem from postmortem injury In the ff instances. Physics of wound production: If PI were inflicted during agonal state of a living person . vital reactions or changes may not be observes even if injury was inflicted during life: a. Effect is the production of wound.on account of trauma. chemical explosion (gunshot or shrapnel wound) 3.edged and sharp .   b.body cells during that period may not have the potential capacity to react to trauma If death is so sudden as not to give the tissues in the body the chance to react properly e.sensation of heat or increase in temperature 27 By 4D2014-2015 Heart and big blood vessel Brain and upper portion of spinal cord  Lungs  Stomach. Kind of instrument used: a. b.pain on account of involvement of sensory nerve d. g. Physical violence Heat or cold Electrical energy Chemical energy Radiation by radio-active substances Change of atmospheric pressure (barotrauma) Infection A.redness or congestion of the area due to an increase of blood supply as a part of reparative machine calor . heat or cold (frostbite. hematoma. Elasticity and plasticity refer to the ability of a tissue to return to its normal size and shape after being deformed by pressure. c. Area of transfer: The larger the area of contract between the force applied on the body the lesser is the damage to the body.mortal wound . Time: shorter period used for transfer of energy. Mortal wound . greater likelihood of producing damage. sharp instrument: sharp-edged instrument (incised wound) sharp-pointed (puncture wound) sharp . d. As to severity: a. Causes of Physical injuries: a. e. blunt instrument (contusion. Effect of physical violence may not always result to production of wound but wound is always an effect of physical violence. b. PI by Physical Violence dolor . deaths due to sudden coronary occlusion Classification of wounds: 1. Ff are common reactions of a living tissue to trauma: a. change of atmospheric pressure (barotrauma) e. 2. Other factors: the less elastic and plastic the tissue. tearing force (lacerated wound) d. Velocity component is the important factor. b. rubor . f. As to manner of infliction: Vital Reaction: sum total of all reactions of tissue or organ to trauma.pointed (stab wound) c.g. Wound is the solution of the natural continuity of any tissue of the living body.capable of causing death immediately after infliction or shortly thereafter Parts of body where wound is inflicted considered mortal: Wound is kinetic energy times time times area times ―other factors‖     Kinetic energy: mass X velocity (squared) divided by 2.FROGLETS NOTES Summary of Legal Medicine Book by Solis c. It is the disruption of the anatomic integrity of tissue in the body.not capable of causing death immediately .

FROGLETS NOTES
a.
b.
c.
d.

hit - means of bolo, blunt, instrument, axe
thrust or stab - bayonet, dagger
gunpowder explosion - projectile or shrapnel
wound
sliding or rubbing or abrasion

4.

Depth of wound:
a. superficial - only layers of skin
b. deep - inner structure beyond layers of skin
 penetrating - wounding agent enters
the body but did not come out or mere
piercing of solid organ or tissue or body
Penetrating wound - wound where dimension of depth and
direction is an important factor in its description. It involves
the skin or mucous surface and the deeper underlying
tissues or organs caused directly by the wounding
instrument. Example: punctured, stab, gunshot wounds.

Perforating - wounding agent produces
communication between the inner and
outer portion of the hollow organs.
Traversing pr piercing completely a
particular part of body

Summary of Legal Medicine
Book by Solis

6. Special types of wounds:
a. Defense wound - result of person’s instinctive
reaction of self - protection; injuries suffered by a person to
avoid or repel potential injury from aggressor (injury on
flexed forearms when about to be hit by blunt object;
incised or stab wound on palm when about to be stabbed
by another)
b. Patterned wound - Wound in the nature and
shape of an object or instrument and which infers the
object or instrument causing it.
Ex. Impact of the face on the radiator grill of a car
may cause imprint of the radiator grill on the face.
c. Self-Inflicted Wound - Self inflicted wound is a
wound produced on oneself. As distinguished from suicide,
the person has no intention to end his life.
Motive of Producing Self-Inflicted Wounds:
(1)
(2)

5.

Relation of site of application of force and
location of injury:
a. coup injury - physical injury which is located
at the site of application of force
b. contre - coup injury - physical injury found
opposite the site of application of force
c. coup contre - coup injury - physical injury
located at site and also opposite the site of
application of force (fixed head is hit with
moving object then falls on another hard
object)
d. locus minoris Resistencia - PI located not at
the side or opposite the site of application of
force but in some areas offering the least
resistance to the force applied. Blow on
forehead may cause contusion at region of
eyeball because of fracture on the
papyraceous bone forming roof of orbit.
e. Extensive injury - PI involving greater area
of body beyond site of application of force not only wide are of injury but various types
of injury. (fall from height or run-over of
victim in vehicular accident)
*stationary head is hit by moving
object, contusion is with the site of impact.; when moving
head hits a firm fixed and hard object, Brain contusion may
develop at opposite side of impact.

28

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(3)
(4)
(5)

To create or deliberately magnify an
existing injury of disease for pension or
workman’s compensation;
To escape certain obligations or
punishment. During war time soldiers may
cut their fingers to avoid frontline
assignments and prisoners may inflict
physical injuries on their body to avoid hard
labor and just be confined in a hospital to
receive food and rest.
To create a new identity or destroy the
existing one. Fingerprints may be
destroyed by acid, by cutting or burning.
To gain attention or sympathy.
Psychotic behavior

Some Ways of Self-Mutilation:
(1) Head banging or bumping - this is
commonly observed in overactive children
and causes hematoma.
(2) Exposure of parts of the body to heat
radiation from open fires, radiators, or
protective grills over radiator thermophilia.
(3) Penetrating nail or spike to the chest wall or
insertion into the urinary bladder in a
female.
(4) Castration by amputation of the penis.
(5) Trauma inflicted on the female genitalia to
induce abortion or promotes hemorrhage
and creates an anemia.

FROGLETS NOTES
(6) Subcutaneous injection of fecal matters to
promote abscess formation.
(7) Pricking of acne eruption to lead to a
severe facial disfigurement.
(8) Subcutaneous injection of air to create a
condition of emphysema.
(9) Nail-biting (onychophagia) which may lead
to maceration of the skin and an infection.
(10) Grinding of the teeth (bruxism) is frequently
seen in the mentally retarded and can lead
to abnormal tooth wear, a bilateral
hypertrophy of the masseter and a pain on
chewing.
(11) Pressure on the subcutaneous tissue by a
tightly applied cord or belt around the body:
(a) Tribal customs of metal band
around the neck or a leg by some
African tribes may cause a
permanent disfigurement.
(b) Use of shoes made of metal by
chinese women.
(12) Pulling of the body hair (Trichotillomania)
(Forensic Medicine a Study in Trauma &
Environment Hazards by Tedeschi, Eckert &Tedeschi, Vol,
1, p.496)
Legal Classification of Physical Injuries:
 Mutilation:
Art. 262, Revised Penal Code
Kinds of Mutilation Punishable Under the Code:
1.

Intentionally depriving a person, totally or
partially of some of the essential organs for
reproduction, and
2. Intentionally depriving a person of any part
or parts of the human body other than the
organs for reproduction.
Mutilation is the act of looping or cutting off any part or
parts of the living body. In order to be punishable under the
Code, it must be intentional, otherwise it will be considered
as a physical injury.

29

―Mayhem‖ is the unlawful and violent
and deprival of another of the use of a
part of the body so as to render him
less able in fighting, either to defend
himself or to annoy his adversary.
Mutilation of other parts of the body
other than the organ of reproduction
may be classified as mayhem.

By 4D2014-2015

Summary of Legal Medicine
Book by Solis

However, if it is not deliberate then it
may fall on paragraph 2, Art. 263,
Revised Penal Code (Serious Physical
Injuries).

Is vasectomy and tubal ligation within
the purview of mutilation as defined
and penalized by Art. 262 of the
Revised Penal Code?
The Secretary of Justice rendered an opinion that
vasectomy and tubal litigation are not mutilation and a
legitimate method of contraception despite the fact that it is
done intentionally and deprives a person of his power of
reproduction. Because: …these two methods of surgical
sterilization are affected by the closing of a pair of tubes in
either man or the woman so that the sperm and ovum
cannot meet; it does not involve the removal of
reproductive glands or organs as in the case of castration,
with which it is sometimes confused.
Serious Physical Injuries:
Art. 263, Revised Penal Code:
to:

The Crime of serious physical injuries my be due
1.
2.
3.
4.

Wounding;
Beating;
Assaulting (Art. 263); or
Administering injurious substances (Art.
264) without the intent to kill.
It may be committed through a simple negligence
or imprudence
The main purpose of dividing the provision into four
paragraphs is to graduate the penalties depending upon
the nature and character of the wound inflicted and their
consequences on the person of the victim.
In paragraph one, the injured person became insane,
imbecile, impotent, or blind.
Article.

Insanity has not been defined or qualified by the

Imbecility infers that the injured person must be
of the preadolescent age and that on account of the
physical injuries inflicted there is an arrest of mental
development.
Impotency is the inability to grant to the partner
sexual gratification.

FROGLETS NOTES

Summary of Legal Medicine
Book by Solis

Blindness must be total or involvement of both
eyes. If only one eye became blind, then the physical injury
will fall in paragraph 2 of Article 263.

In paragraph four, the injured person becomes ill
or incapacitated for labor for more than thirty days and
impliedly less than 90 days.

In paragraph two, the following nature and character of the
wound or consequences of the injuries inflicted must be
present:

It is noteworthy to mention that in paragraph 3
and 4 of article 263 there is no mention of periods of
medical attendance but merely incapacity.

a.

Loss of the use of speech or the power to
hear or to smell, or loss of an eye, a hand, a
foot, an arm, or a leg;
b. Loss of the use of any such member; or
c. Becomes incapacitated for the work in which
he was therefore habitually engaged.
There must be total loss of hearing capacity. If
the loss of power to hear is only in one ear, it is a serious
physical injury under paragraph 3, article 263 (People v.
Hernandez, 94 Phil. 49)
Insofar as loss of a hand is concerned, the
prosecution must prove by clear and conclusive evidence
that the offended party cannot actually make use of his
hand and that such impairment is permanent (People V.
Reli. C.A. 53 O.G. 5695).
In paragraph 3, the following injuries of their
consequences are included:
a.
b.
c.
d.

Deformity;
Loss of any other member of his body;
Loss the use thereof; or
Becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days,
as a consequence of the physical injuries
inflicted.

Deformity is a condition of physical ugliness. It
must be a permanent and conspicuous. The loss of the
front teeth, the development of a pigmented scar on the
face, or the loss of the pinna of the ear is considered
deformities. However, the development of a scar in
covered parts of the body may not be considered deformity
because it is not a conspicuous and visible.
―The loss of any other part of his body‖ means
loss of the parts of the body not mentioned in paragraph 2,
Art. 263.
Incapacity means the inability of the injured
person to perform, or engage on a work or vocation before
he sustained injury.

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Administering Injurious Substances or Beverages:
Art. 264, Revised Penal Code:
Elements of the Crime:
a.

The offender inflicted upon another person
or any serious physical injury.
b. The infliction of physical injury was done
knowing that the substance or the beverage
administered is injurious or took advantage
of the victim’s weakness or credulity; and
c. There was no intent to kill on the part of the
offender.
If the offender does not know that the substance
administered is injurious, he cannot be held liable under
the above provision.
The throwing of acid on the face of someone
does not fall within the provision because what the
provision contemplates is administering or taking in the
injurious substance or beverages (U.S. Chiong Songco, 18
Phil 459).
The provision does not contemplate of sight or
less serious physical injuries are the consequence of
injurious substances of beverages, but results only in
serious physical injuries.
If the administration of injuries substances or
beverages is intentional, the crime committed is frustrated
murder. Treachery is inherent when injurious substances or
beverages are introduced into the body.
Less Serious Physical Injuries:
Art. 265, Revised Penal Code:
The basis to determine whether the physical
injury is less serious or not is by either the period of
medical attendance or period of incapacity; both of which is
ten days or more but not more than thirty days.
The fact that the injury only requires medical
attendance for two days but incapacitated the victim from
attending to his ordinary work for a period of 29 days

wounding instrument is found near the victim More than one stab wounds Located on different parts of the body or on parts where vital organs are located Deep Stab wound with serrated or zigzag borders Irregular or stellate shape skin defects . The victim is the offender’s parents.S.  There must be proof as to the period of medical attendance.  There is a manifest intent to insult or offend the injured person. If multiple. In the absence of such proof of medical attendance or incapacity. 5. c. Trinidad. Penesa.If without motive offender is insane or under the influence of drugs There is a disturbance in the crime scene Medical evidences showing intent of the offender to kill the victim: a. e. c. 81 Phil. located on one part of the body  If located on covered parts of the body. the following must be included: a.FROGLETS NOTES Summary of Legal Medicine Book by Solis makes the crime less serious physical injuries (U. or The victim is a person of rank or person in authority. the wound tailing abrasion is seen towards the hand inflicting the injury A suicide note may be present There is the presence of a motive for selfdestruction No disturbance in the death scene. 4. the clothing is not involved b. guardian. provided that the crime is not direct assault. d. h. although the wound actually healed in more than 30 days. b. 3. Suicidal – Evidences showing that the stab wound is suicidal:  Located over vital parts of the body  It is usually solitary. the crime committed is only slight physical injuries (People v. There are circumstances adding ignominy to the offense. curators or teachers. c. 398)   The Crime of less serious physical injuries may be qualified and a fine or a higher penalty imposed when: a. Injuries other than stab wound may be present Stab wound located in any part of the body Usually more than one stab wound There is a motive . Length of the skin defect Condition of the extremities Condition of the edges Linear direction of the surface wound Location of the stab wound Direction of penetration Depth of the penetration Tissue and organs involved Stab Wound(s) may be Suicidal. b. g. f. Homicidal or Accidental: a. 31 By 4D2014-2015 The stab wound is accessible to the hand of the victim The hand of the victim is smeared with blood The wounding weapon is firmly grasped by the hand of the victim (cadaveric spasm) If stabbing is accompanied with slashing movement. d. 2. e. Homicidal – stabbing with homicidal intent is the most common Characteristics: 1.252-268) In the Description of a Stab Wound.    (pp. d. v. 4 Phil. 152). ascendants. b.

spear. malar region on the face. d. f. External hemorrhage is limited although internally severe Sealing of the external opening will be favorable for the growth of anaerobic microorganism Medical Evidences that tend to show it is homicidal: a.  The opening on the skin is very small and may become unnoticeable because of clotted blood and elasticity of the skin. d. thorn. g. There is bleeding towards the lower part of the body No disturbance of the crime scene Presence of suicide note Wounding instrument found near the body Punctured would with puncturing instrument loaded with poison:  Characteristics: Summary of Legal Medicine Book by Solis  A tear of the skin and the underlying tissues due to forcible contact with a blunt instrument Produced by: wood. e. 1. b. dorsum of the foot Examination shows bridging tissue joining the edges and hair bulbs intact Bleeding is not extensive because blood vessels are not severed evenly Healing process is delayed . c. like scalp. butt of firearm. f. a. b.three-cornered skin defect The most common immediate cause of deathhemorrhage Accidental stab wounds are rare 4. Stretch. 3. fist blow. It is multiple and usually located on different parts of the body Deep Defense wounds on the victim Disturbance of the crime scene. ―Putok‖)  2. Rupture. The wound is much deeper than it is wide. hook  External hemorrhage is limited but internal injuries may be severe  Direct involvement of blood vessels and bloody organs may cause fatal consequences  Site of external wound can be easily sealed  Punctured would is usually accidental but in rare instances it may be homicidal or suicidal a. stone. Punctured Wound  A result of a thrust of a sharp pointed instrument  External injury small but depth is to a certain degree  Produced by: icepick. needle.sign of struggle Proof to show it is suicidal: 32 By 4D2014-2015 Located where vital organs are located Usually singular but may be multiple but located in one area Parts of the body involved is accessible to the hand of the victim Clothing is usually not involved Wounding is made while the victim is sitting or standing. front part of the leg. Fish spines c. others without sharp objects Force applied to tissue is greater than its cohesive force and elasticity The tissue tears and laceration is produced Characteristics: a. d. Dog bites with hydrophobia virus d. h. nail. fang of animal. Shape and size of the injury do not correspond to the wounding instrument Tear on the skin is rugged with extremities irregular and ill-defined Injury developed is at the site where the blunt force is applied Borders of the wound are contused and swollen Usually on areas where the bone is superficially located. c. c. g. Poison dart.FROGLETS NOTES      Different measurement of the stab wounds may be produced by one weapon if it is tapering towards the sharp point Withdrawal of the instrument not on the same direction as when it was introduced may increases length of the skin defect Three-cornered file when used as a stabbing weapon. e. Injection of air and poison as a way of euthanasia 5.cyanide or nicotine b. pointed stick. Lacerated Wound (Tear. iron bar. h. b.

cut eyebrow of boxer.Scar is irregular -Caused by a sharp-edged instrument .Best seen in laceration of the scalp.Examination with a magnifying lens shows that the hair bulbs are preserved 33 Summary of Legal Medicine Book by Solis By 4D2014-2015 . This is called cleavage direction or lines of cleavage of the skin. well-defined .caused by a blunt instrument Gaping of Wound: The separation of the edges especially in deep wound may be due to the following: 1. Retraction of the Edges . Overstretching of the skin .There is swelling and contusion around the lacerated wound -Extremities of the wound are sharp or may be round or contused .Underneath the skin are dense networks of fibrous and elastic connective tissue fibers running on the same direction and forming a pattern more or less present in all persons.Extremities of the wound are ill-defined and irregular -Examination by means of a magnifying lens shows that the hair bulbs are cut .FROGLETS NOTES Classification of lacerated wounds: a. ill-defined -No swelling or contusions around the incised wound .Presence of a mechanical device on the edges to prevent coaptation will cause separation 2. cell lysis. Tearing .Hatchet and choppers   -Healing is faster . irregular. the wound will appear narrow or slit-like because the Lacerated wounds may involve deeper tissues like laceration of the muscles and fracture bones It may be homicidal or accidental but rarely suicidal Distinction between and incised wound and a lacerated wound: Incised Wound Lacerated Wound -Edges are clean cut. Loss of Tissue . .Separation of edges of a wound may be on account of loss of tissue bridging them.When pressure is applied on one side of the bone.Edges are roughly cut.If an incised wound or stab wound was inflicted wherein the long axis of the wound is parallel or on the same direction as the cleavage line of the part of the body involved. burning or chemical reaction ii. Grinding Compression .Weight and grinding movement may cause separation of the skin d. Destruction by pressure. Trimming of the edges 3. regular.Produced by semi-sharp-edged instrument which causes irregular edges on the would . infection. laceration of the chin of motorcyclist b. Mechanical stretching or dilatation . the skin over the area will be stretched up to a breaking point to cause laceration and exposure of the fractured bone . Avulsion or physical or mechanical stretching resulting to separation of a portion of the tissue iii. The loss of tissue may be due to: i. the edges of the remaining tissue is that of laceration c.In avulsion. Splitting caused by crushing of the skin between two hard objects .Healing is delayed -Scar is linear or spindleshaped .

fatal Estimation as to how much of the body surface involved.  Hemorrhage into the chest cavity may cause diminution of the respiratory output with subsequent anoxia a.2. an average size adult has 5 to 6 quarts of blood  A loss of 1/3 to 2/5 of the circulating blood may result to irreversible hypovolemic shock and may be fatal  The volume of blood lost may be related to the rate or space of time a certain volume of blood has been shed  Males can stand more lost of blood than females a. storage of water. the rule of the nine is used Body surface expressed as percentage using the rule of nine: Whole of head and neck 9% 9% Whole of one upper extremity 9% 18% Whole of front chest and abdomen 18% 18% Whole of posterior chest and abdomen 18% 18% Whole of one lower extremity (front) 9% 18% Whole of one lower extremity (back) 9% 18% 34 By 4D2014-2015 Summary of Legal Medicine Book by Solis Pudental areas 1% Total 1% 100% Factors responsible for the severity of wounds: 1. Hemorrhage may result in an increase in pressure in or on the vital organs to affect the normal function:  Intracranial hemorrhage may cause compression of the vital centers of the brain. excretor of sweat and organ for absorption Determination of how much skin is involved is important to determine the mode of treatment and prognosis Significant in cases of: burns. Loss of blood incompatible with  Blood constitutes about 1/20 of the body weight of an adult  By volume. dermal manifestation of certain diseases Burns in children and old age persons.FROGLETS NOTES - edges of the wound will not be subjected to the lateral pull of the severed connective tissue fibers If the long axis of the wound is perpendicular to or with an angle with the lines of cleavage.1. the tendency of the borders of the wound is to separate on account of the retraction of the severed fibers Practical ways of determining how much of the skin surface is involved in an injury or disease:        Skin serves as the mechanical protection of the body It is punctuated with sensory nerve endings for pain. blood: Hemorrhage a.3. contusion. Hemorrhage may influence the severity of wound by: a. temperature and touch It acts as thermo-regulator. Hemorrhage may cause mechanical barriers to the function of organs:  Hemorrhage into the tracheobronchial lumina can cause asphyxia .  Hemopericardium may cause embarrassment of the contraction of the heart. involvement of more than 70% of the body surface.

Shrapnel .Pathogenic microorganism b.Hepatitis c.FROGLETS NOTES b. Natural Causes:  Common causes of hemorrhage due to natural causes: o Intra-cerebral hemorrhage (apoplexy) o Spontaneous subarachnoid hemorrhage o Rupture of the arteriosclerotic aneurysm of the aorta o Rupture of the esophageal varices in cases of cirrhosis of the liver and bleeding of peptic ulcer of the stomach and duodenum o Pulmonary hemorrhage o Ruptured ectopic pregnancy o Spontaneous rupture of cavernous hemangioma or hepatoma o Rupture of the enlarged spleen 2.Gauze or rubber drain d.Glass fragments .Tetanus . Size of Injury:   Burns affecting 1/3 of the body surface of the third degree type is usually fatal Bigger wounds are more exposed to infection and other physical conditions of the surroundings 35 By 4D2014-2015 Summary of Legal Medicine Book by Solis 3.Hydrophobia .2.Cyanide . Trauma:  Destruction of the blood vessel wall or increase permeability of its wall due to external force b. Bacterial: . Organs Involved   Trauma on the vital organs of the body are always serious Crushing wounds of the heart. brain or longs are almost fatal 4.1. strong persons may not produce shock 5. Shock    May occur with or without violence Slight blow on genitalia. Cause of Hemorrhage: b. Foreign body or substance introduced into the body:   Incision with an unsterilized scalpel may not be serious as the bite of a venomous snake A foreign substance or body may be toxic by itself or may act as a physical irritant The foreign body or substance may be: a. slight burns in children or old persons. Viral: . or slight violence on the head or neck may cause severe shock But violent traumas to healthy. Chemical: .Bullet . Foreign body: .

If a snake has just killed his prey. abdominal pain. b. Size of Patient d.affects particularly the blood. pulmonary and cardiac edema. Potency of venom injected b. but because of neglect in its management it may become serious or fatal Fatal Effect of Wounds: 1. coma. The manifestations are pain and swelling of the affected area. Mechanical injuries on the vital organs  Blow on the head may not necessarily produce external lesions but may produce severe meningeal hemorrhage producing compression of the brain . Hemorrhage  Incised wound on carotid artery without surgical intervention is fatal b. the toxic content is smaller c. Wound may be directly fatal by reason of: a. Incision of the wound to promote more external hemorrhage to drain the venom 36 By 4D2014-2015 6. nausea. Hematoxic . Administration of anti-snake venom serum  Scorpion Venom o Has neurotoxic. Toxin  Summary of Legal Medicine Book by Solis c. vomiting.primarily paralyzes the respiratory and cardiac center of the brain. Absence of medical or surgical intervention:  A wound may not be fatal. dilated pupils. urticarial rash. Emergency treatment may be: a. paleness and labored breathing Snake venom toxicity will depend on: a. Neurotoxic . Placing ice on the bite site d. The amount of venom depends on the season of the year and the length of time the snake has eaten. Sucking the wound to drain venom Snake Venom o Characterized as two punctured wounds at the center of the reddened affected area e. ascending paralysis.FROGLETS NOTES . and cardiac and respiratory arrest. abdominal pain. The immediate treatment instituted Snake venoms are of two principal classes: a.Nicotine b. convulsion. intravascular hemolysis. hemolytic and hemorrhagic effect o Produces only one punctured wound on the center of a reddened area o Main symptoms are pain edema and reddening  Coelenterate Sting (jellyfish) o The tentacles penetrate into the skin and cause explosion of the nematocyst and liberation of the venom o Symptoms are extreme pain. petechial hemorrhage on the gum. Tourniquette above the site of the wound e. vomiting. May cause nausea.

Shock  Summary of Legal Medicine Book by Solis 2. bacteremia. deeper tissues are involved b. Secondary hemorrhage following sepsis  On account of infection that sets in. 37 By 4D2014-2015 Changes whose natural sequence are direct and obvious Ex: Septicimia. Wound may be indirectly fatal by reason of: a. Changes producing separate pathological lesions which in turn proves to be fatal Ex: Operation performed on a patient to ligate bleeding vessel inside the abdominal cavity with reasonable skill and due diligence but as a result of which peritonitis developed and caused death of patient 3. Specific Infection  Pathogenic microorganisms may develop and multiply in the wound causing septicemia. but may later die of its secondary effects or changes These changes may be classified as follows: 1. The stab is not capable of producing death ordinarily. Scarring Effect  Chronic gonorrheal infection may cause stricture or urethra d. or toxemia c. Changes where a definite pathological condition was present before the injury Ex: A person suffering from tumor or cyst and was stabbed by someone. The person may die of the pathological condition and the accused is liable for his death 4.FROGLETS NOTES c. tetanus or complications arising from wounds . Changes where a definite pathological condition of totally different nature arises after the wounding and the Disturbance of the balance of fluid in the body capable of producing delayed or immediate death 2. Secondary Shock Nature or death due to secondary shock - A person may have recovered from the immediate effects of the trauma or violence.

Kinds of Shock: a.FROGLETS NOTES consequential sequence is doubtful Ex: Tuberculosis meningitis that develops following a blow on the head Summary of Legal Medicine Book by Solis  The extravasation or loss of blood from the circulation brought about by wounds in the cardio-vascular system. kind and location of the blood vessel cut.  The degree and nature of hemorrhage depends upon the size. a. thus increasing capillary permeability 3. Primary Shock  Caused by immediate nerve impulse set up at the injured area which are conveyed to the central nervous system By 4D2014-2015 d. Injury to the receptive nervous system b. Endothelial damage. e. Kinds of Hemorrhage: Complication of trauma or injury: 1. Delayed or Secondary Shock  Patient shows sign of general collapse which develop some time after the infliction of injury Hemorrhage 38 c. Anoxemia – reduction of effective volume of oxygen carrying capacity of the blood c. 2. Secondary Hemorrhage  This occurs not immediately after the infliction of the injury but sometime thereafter on or near the injured area Infection:  Infection is the appearance. Shock    The disturbance of fluid balance resulting to peripheral deficiency which is manifested by the decreased volume of blood. b. Primary Hemorrhage  It is the bleeding which occurs immediately after the traumatic injury of the blood vessel b. From the instrument or substance which produces the injury From the organs involved in the trauma applied As an indirect effect of the injury which creates a local area of diminished resistance causing the invasion and multiplication of microorganisms Injury may depress the general vitality. 4. b. hemoconcentration and rental deficiency Clinically characterized by severe depression of the nervous system Three major factors operate in the production of shock and all are likely to be associated together as the condition develops a. especially among the aged and the young children and makes the patient succumb to terminal disease Deliberate introduction of microorganisms at the site of the injury Embolism:  A condition in which foreign matters are introduced in the blood stream causing . growth and development of microorganisms at the site of the injury How injury or trauma acquires infections: a. reduced volume of flow.

Healing by Primary (First) Intention It takes place when there is minimal tissue loss. age of person. Kinds of Healing Wounds Healing of Wounds 1. The normal state of the area may . Highly specialized glandular epithelium Smooth muscle Neurons of the central nervous system  Small clean-cut wound is covered with lymph in 36 hours The edges adhere in two days and wound heals on the 7th day leaving a linear scar Larger incised wound shows swelling of the edges 8 to 12 hours Blood-stained serum is present in 2 days which afterwards become seropurulent on the 3rd day.FROGLETS NOTES sudden block to the blood flow in the finer arterioles and capillaries Summary of Legal Medicine Book by Solis   The most common emboli in the blood stream are: a. lasting in state from 4 to 5 days Small red granulation forms in 12 to 15 days and the epithelium grows from the edges Scar develops later      Healing of Wounds The time of healing wounds is dependent on the following: vascularity. microphages and fribroblasts will appear. there is an acute neutrophilic response and scab will be formed due to dehydration of the surface clot. b. 2. Within 24 hours after the injury. degree of rest or immobilization and nature of the injury. more approximation of the edges and without significant bacterial contamination. c. c. the less capacity for regeneration 39 By 4D2014-2015 a. b. b. Collagen fibers will bridge the raw area and differentiated surface cells begin to proliferate to cover the exposed area. Power of the human tissue to regenerate  Regeneration is the replacement of destroyed tissue by newly formed similar tissue  The more highly specialized the tissue. Fat Embolus  Causes of Fat Embolus: o By injection of oily substance into the circulation o By injury of the adipose tissue which forces fat into the circulation Air Embolism  Causes of Air Embolism: o Gaping incised wound of the jugular vein o Injection of soapsuds or air into pregnant uterus for the purpose of tubal insuflation or criminal abortion o Injection of air into the urinary bladder for radiological study o Insuflation of the other non-potent tubes or hollow organs o Injection of air under pressure into the nasal sinus after a therapeutic lavage Capacity for regeneration decreases as age increases State of nutrition of the individual affects capacity or regeneration The following regenerates rapidly: a. Connective tissues Blood forming tissues Surface epithelium of the skin Those having no power or limited capacity to regenerate: a. After three days.

sweat and sebaceous glands) and slower reparative process may occur.  Location . c. Location is important in determining trajectory or course of the wounding weapon  Depth . injury suicide.FROGLETS NOTES return after a lapse of one month with or without the formation of a scar. stains. surgical intervention. Production of a large scar and greater loss of skin appendages (hair.It is material in determining the relative position of the victim and offender. (2) Keloid Formation . presence of contusion collar. It may remain for a lone time unless the causal factor (infection or foreign body) is removed. It must not be attempted in a living subject if it will prejudice the health or life or in a stabbed wound in the abdomen due to movability of the abdominal wall  Condition of Area Surrounding the Wound .It is the contraction of the fibrous tissue of the scar formed. healing process may deviate from the normal way on a normal individual and may result to: (1) Formation of Excessive Granulation Tissue or "Proud Flesh" . (3) Stricture . Aberrated Healing Process In some instances. hesitation cuts in suicidal incised wound or contusion in lacerated wound  Extent . (d) wounding instrument. Examination of the Wound  Character .Fistula is a communication between an inner cavity and the outside while sinus is a tract of infection traversing the inner part of the body. cuts. 40 By 4D2014-2015 Summary of Legal Medicine Book by Solis 2. sketching or accurate description of the scene of the crime for preservation b. hair and other foreign bodies in the scene. .  Number . Description must be comprehensive with sketches or photographs if possible. General Investigation of the Surroundings: (a) place of the commission of the crime. homicide) 3. distance of the wound from some fixed point in the body prominence. suicidal or homicidal Ante-mortem or postDangerous to life of injury mortem wound Permanent deformity Mortal or non-mortal wound caused by injury Presence of disease or abnormal development at Shock produced by wounds time of wounding which may accelerate death Complications produced by Cause of wound (accident.It may prevent the closing of wound and can be remedied by excision or cautery. etc.Region of the body where it is situated. Examination of the Wounded Body Living Victim Dead Victim Age of the wound from degree of healing Weapon used Reasons for multiplicity of wounds Whether injury is accidental. infection. (c) witnesses to the incident. (b) clothing.It is measurable if the outer wound and inner end is fixed.Multiple wounds in different parts of the body are generally indicative homicide or murder. (e) photography.State the type of wound. Healing by Secondary Intention It take place when the injury causes more extensive loss of cells and tissues. characteristic marks. (4) Fistula or Sinus Formation . CHAPTER X MEDICO-LEGAL INVESTIGATION OF WOUNDS Rules to observe by the physician in examining wounds:    ALL injuries must be described. Examination must not be influenced by other information obtained from others in making a report or conclusion. Outline of Medico-Legal Investigation of Physical Injuries 1. Inflammatory reaction is more intense and granulation tissue growth bears all the responsibility for its closure. scab formation.Extensive injury may show marked degree of force applied  Direction .Presence of burning or tattooing in gunshot wounds by near or contact fire.It is the a large bulging tumorous scar produced by an abnormal amount of collagen in the connective tissue.

Accidental cuts are frequent everyday occurrences but rarely cause of death. If wounds are inflicted after death.  Contusion . Distinction between Ante-Mortem and Post-Mortem Wounds AnteMortem Wound Hemorrhage more or less copious and generally arterial Marks of spouting of blood from arteries Deep staining of the edges 41 PostMortem Wound Hemorrhage slight or none at all and always venous No spouting of blood Blood is not clotted or a soft By 4D2014-2015 clot Edges and cellular tissues are not deeply stained and can be removed by washing. Summary of Legal Medicine Book by Solis 3. In cut-throat. 4. absence of heart action and post-mortem clotting of blood. 5. (b) evidence of struggle.(a) degree of hemorrhage. Single wound in a position the deceased could have been conveniently inflicted is suicidal.  Nature and extent of wound . may be found in accidental death often due to a fall or forcible contact with some hard object. (d) presence of suicide note. the amount of bleeding is comparatively less due to loss of tone of blood vessels. Violence upon a living body may not show bruise until after death. rare in suicidal. But absence of such does not show wound was inflicted after death since the tissue may not have been given ample time to repair before death took place. Presence of hair or portion of skin on nails of assailant or deceased  Number and direction of wound . 2. (e) condition of weapon. Edges do not gape but are closely approximated to each other unless wound is caused within one or two hours after death. 4.Its absence is more in suicide. Suicidal or Accidental 2. accident or murder. scab or scar formation conclusively show that wound was inflicted during lifetime. No inflammation or reparative processes Factors in Determining Whether Wound is Homicidal.extensive in accidental death. adhesion of the edges and other vital reactions may be present whenever the wound was inflicted during lifetime although they may be less pronounced when resistance of the victim is markedly weakened. (c) position of the body. Hemorrhage is more profuse when the wound was inflicted during lifetime. Nature of the wound inflicted  Abrasions . Signs of Inflammation such as pus. 3. Postmortem wounds do not show any manifesting signs of vital reaction. growth of epithelium. common in homicide especially when victim offered some degree of resistance. Signs of Repair such as fibrin formation.common in suicide and homicide. External signs and position and attitude of the body when found Location of the weapon or manner it is held Motive Personal character of the deceased Other information such as:  Signs of struggle .Multiple wounds in concealed parts of the body are indicative of homicide.rare in suicide unless done by jumping from a height.FROGLETS NOTES  Conditions of the Locality . Factors in Determining Whether Wounds were Inflicted During Life or After Death 1.  Incised wound .Homicidal wounds may be caused by any wounding instrument while suicidal wounds are due to sharp instruments. generally transverse in homicide while oblique in suicide. . not common in murder unless the body is dragged on the ground. 6. Retraction of the Edges of the Wound inflicted during life cause gaping of the wound while in case of wound inflicted after. and cellular tissues not removed by washing Edges gape owing to the reaction of the skin and muscle fibers Inflammation and reparative processes 1. edges do not gape and are closely approximated to each other.

Minor wounds were received by victim but death resulted on account of gross incompetence or negligence of physician.Usually no change in its condition in suicide while it may be in disorderly position due to struggle in homicide. 2. offender can only be held liable for physical injuries. death is a normal and direct consequence. From Wounding Weapon (a) Position . (2) physician must be competent and exercised care and diligence. trajectory of the wound inside the body. it is not necessary to determine who inflicted the fatal blow. Possible Instruments Used by Assailant Inferred from Nature of Wound Power of Volitional Acts of the Victim After Receiving a Fatal Blow  Contusion . determining which injury caused the death depends on the testimony of the physician by examining which of the wounds caused injury to some vital organs or large vessels or led to secondary results causing death.victim may still move and speak Extrinsic Evidences in Wounds 1.not prevent performance of voluntary acts  Penetrating wound of heart . jugular. Testimony of the Witnesses In cases where witnesses testify as to the exact time.sharp-edged instrument inflicted by hitting  Lacerated wound . testimony of witnesses and presence of defense wounds. 3. Age of the Blood Stain It may be determined from the physical color changes of the skin although it is not reliable.  Wounds of big blood vessels (carotid.Near the body of the victim in suicidal and accidental death or firmly grasped by the victim in case of suicide . Effect of Negligence of the Injured on the Death  Severe injury of the brain and cranial box usually produces unconsciousness but power to perform volitional acts depends upon areas of the brain involved.blunt instrument  Incised wound .instantaneously fatal but experience shows victim may still be capable of locomotion  Rupture of organs . offender is liable only for the physical injuries inflicted.body surface rubbed on rough hard surface  Gunshot wound . even aorta) . organs involved and degree of injury. 2. 4. By the degree of the granulation of tissue formation and other reparative changes.blunt instrument  Punctured wound . the age of the wound may be estimated. Effect of Medical and Surgical Intervention on the Death 1. If death occurred after medical intervention. offender is still liable provided (1) death is shown to be inevitable and even without intervention. medical evidence as to duration of survival is merely corroborative. Degree of Healing Signs of repair appear in less than a day after infliction of injury.sharp-pointed instrument  Abrasion . In case of multiple offenders and there is conspiracy. He must be cautious in making categorical statements. Where victim received multiple injuries. Changes in the Body Systemic changes such as degree of wasting.diameter of the wound of entrance may approximate caliber of firearm The determination of the victim's capacity to perform volitional acts rests upon the medical witness. Negligence of the victim in the proper care and treatment of the injury will not exonerate the offender since he is not bound to submit himself to medical treatment. condition of the face and bed sore formation may provide for a basis.   A physician can only state that it is possible that a certain injury is possibly caused by a certain instrument presented. 42 By 4D2014-2015 1.FROGLETS NOTES  State of clothings . Factors in Determining Length of Time of Survival of the Victim After Infliction of the Wound  Summary of Legal Medicine Book by Solis Determining which of the wounds were inflicted first depends on relative position of the parties. But if negligence is deliberate and is really the cause of death. anemia.

e. etc of the offender may be necessary. shotgun) b. The barrel of any firearm shall be considered as complete firearm for all purposes thereof (Section 877. Low Velocity Firearm . Revised Administrative Code) Penal Provisions of Law Relative to Firearm Alarms and Scandals (Art. 3. and all other deadly weapons from which a bullet.FROGLETS NOTES (b) Presence of blood . As to the Manner of Firing a. murder. or other missile may be discharges by means of gunpowder or other explosives. shotgun) . revolvers. xxxxxxxxxx Discharge of Firearms (Art. Classification of Small Firearms Small firearms are those which will propel projectile of less than one inch in diameter. The missile may be single as in the case of a pistol or revolver or multiple shots or pellets in case of a shotgun.e. rocket. 254. From the Scene of the Crime CHAPTER XIII GUNSHOT WOUNDS Death or physical injuries brought about by the powder propelled substances may be due to the following:  Firearm shot .400 feet/second (i. military rifle) 3.  Detonation of high explosives as in grenades. Pistol . 43 By 4D2014-2015 As to Wounding Power a. (c) Presence of hair and other substance 2. it also includes air rifles except such Summary of Legal Medicine Book by Solis As to Nature of the Bore a. holes in the clothing may determine the wound of entrance whole presence of gunpowder at the hole indicates distance.With muzzle velocity of not more than 1.200 .2500 feet/second (i. mental condition.2. shotguns. Rifle .e.The bore of the barrel has spiral lands and grooves which run parallel with one another but twisted spirally from breech to muzzle (i. shot.e.e. The degree of soaking of the clothing with blood may depict hemorrhage. 1. In the Clothings of the Victim In gunshot wounds. unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide.In some cases.Inside portion of the barrel is perfectly smooth (i. revolver) b. Revised Penal Code) The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed upon: 1. Clean-cut tears indicates use of sharp-edged instrument. Any person who within any town or public place shall discharge any firearm. Firearm Wound as being of small caliber and limited range are used a toys. Revised Penal Code) Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods.Fired from shoulder (i. Severe tearing may show struggle. High Power Firearm .Fired only by a single hand (i. 4. homicide or any other crime for which higher penalty is prescribed by any of the articles of the Code. revolver) b. or other explosive calculated to cause alarm or danger. military riffle) 2. Smooth Bore Weapon . firecracker. muskets. From Examination of the Assailant Determination of the degree of intoxication. physical power. bombs and mine explosion. Rifled Bore Firearm .e. ball. Definition An instrument used for the propulsion of a projectile by the expansive force of gases coming from the burning of gunpowder Includes rifles. pistols. 155. shell. absence of blood stains is due to the rapidity of the blow and compression of the blood vessels or blood may be wiped out by the clothings in the process of withdrawal.The injury is caused by the missile propelled by the explosion of the gunpowder in the cartridge shell and at the rear of the missile.

paralysis.e. The explosive effect will cause extensive laceration of soft tissues and fracture of bones. except in near shot or in gazing or slap wound. the wound of entrance is oval in shape with the contusion or abrasion collar widest on the side of the acute angle of approach. the higher the caliber of the wounding bullet the greater will be the size of the wound of entrance. (pp. Inshoot): The appearance of the gunshot wound of entrance depends upon the following: 1. loss of functioning etc. A miniature riffle is a single self-loading weapon.336-352) 6. As to the Nature of Magazine a. Empty shell is ejected when the cartridge is fired and a new one is slipped into the breech automatically.000 feet. Types of Small Firearms of Medico-Legal Interest  Revolver .It has a long barrel and butt and is fired from a shoulder. is oval or circular with inverted edges. 5. revolver) b. Other Consequential Effects on the Body of the Victim: Aside from direct involvement of vital structures of the body. except when the missile is deformed or the fire is in contact or near. Vertical or Horizontal Magazine . Range: In close range fire. flame and other solid products of combustion. In cases of an acute angle of approach of the bullet.FROGLETS NOTES 4. Fragmentation of Hard Brittle Object in the Trajectory: Bone involvement along the trajectory may cause comminuted fracture and each bone fragment may cause additional damage on the surrounding tissues and even in the wound of exit. The shape of the bullet also plays an important role. It has muzzle velocity of 600 feet/second. 7. Shape and Composition of the Missile: Deformity of the bullet modifies the shape of the wound of entrance.Cartridge is in a cylindrical magazine which rotates at the rear portion of the barrel (i. Characteristics Inherent to the Wound of Entrance: The wound of entrance.Cartridge is held one after another vertically or horizontally by a spring side to side or end to end (i.  Automatic Pistol . It has muzzle velocity of 1. It has a muzzle velocity of 2. The following factors must be taken into consideration: . 6. Kind of Weapon: High power weapon has more destructive effect as compared with low power one. The wound of exit is usually larger than the wound of entrance. 4.500 feet/second and a range of 3. A military riffle has a magazine and volt action. Caliber of the Wounding Weapon: Excluding other factors which may influence the size of the wound of entrance. pressure to other organs and tissues. infection. Distant fire usually produces the characteristic effect of the bullet alone. which may cause disability or death on the victim.200 feet/second. 3.e. all of the products of combustion primarily the muzzle blast will penetrate the tissues causing severe mechanical destruction on account of pressure. as a general rule. pistol) Gunshot Wound of Entrance (Entrance Defect.  Rifle . the gunshot wound may be the source of hemorrhage. 44 By 4D2014-2015 Summary of Legal Medicine Book by Solis Contact Fire: The nature and extent of the injury is caused not only by the force of the bullet but also by the gas of the muzzle blast and part of the body involved.It has a cylindrical magazine at the rear of the barrel capable of revolving motion and can accommodate of five or six cartridges housed in separate chamber. shock. Direction of the Fire: A right angle approach of the bullet will make the wound of entrance circular in shape.More appropriately called "selfloading firearm". 2. Conical shape free end bullets have more piercing power without marked tissue destruction while missiles with hemispherical free ends are more destructive. the injury is not only due to the missile but also due to the pressure of the expanded gases. Muzzle Blast in Contact Fire: When gun muzzle is pressed on the skin when fired. Cylindrical Revolving Magazine . 8.

5. and tattooing. Barrel impression (Profile of the muzzle) on the skin e. Muzzle imprint. 3. the rule is not followed: 1. b. There is blackening of the bullet tract to a certain depth' 6. Entrance wound may be large circular or oval depending upon the angle of approach of the bullet. Pressed and Firm Contact Fire: 1. g. it is rotated by the lands and grooves. Fragmentation of the bullet before penetrating the skin Contraction of the elastic tissues of the . frequently star-shaped b.FROGLETS NOTES 1. Blood and tissue become pink due to carbon monoxide. h. Deformity of the bullet which entered c. Its surface is scraped by the lands and the scraping is ejected from the barrel and strikes the target. burning and tattooing are prominent with singeing of the hair. Part of the Body Involved: The nature. c. It may lodge on the clothings or may cause small abrasions or superficial lacerations on the skin around the main wound. Distance Instances When the Size of the Wound of Entrance Do Not Approximate the Caliber of the Firearm: In distant fire. Short Range Fire (1 to 15 cm. and (2) when the bone is deeply located in loose or soft parts of the body. On Parts of the Body Where Bone is Superficial: This is commonly observed on the head where the skull is just underneath the scalp. character and extent of injury in contact fire is different (1) when the bone is superficially located under the skin. b.Carboxyhemoglobinispresentinthewoundandsurrounding areas. d. The wound of entrance is large. 2. Wound of entrance is usually large. but less than 60 cm) Fired More Than 60 cm. Edges are everted due to outward slapping of the skin. but in the following instances. c. The Amount of Gas Liberated by the Combustion of the Propellant: The greater is the amount of gas in a confined area. In contact or near fire b. Edges of the wound may be everted. The following are the characteristics of the injuries: a. the rule is that the diameter of the gunshot wound of entrance is almost the same as the caliber of the wounding firearm. Singeing of the hair. Areas in the entrance wound is blackened by burns. Nature of Bullet: Bigger caliber bullet is obviously more destructive than smaller ones. blackening of the wound due to fouling. the greater will be the tissue destruction. Parts of the Body Where the Bone is Deeply Located: 45 By 4D2014-2015 Summary of Legal Medicine Book by Solis a. 2. 3. circular and without radiating laceration. burn. 2. Pinkish color of the deeper structures due to carbon monoxide. Loose Contact or Near Fire: 1. Bullet might have entered the skin sidewise d. Acute angular approach of the bullet 2. The Effectiveness of the Sealing Between the Gun Muzzle and the Shin: If all the gaseous product of combustion is prevented from being spilled out. Singeing of hair. Smudging. Muzzle imprint may be seen depending upon the degree of slapping of the skin of the gun muzzle. 4. Fragments of lead and bullet jacket may be found. there will be more destructive effects on the tissues. The bullet may cause radiating fracture f. Factors which make the wound of entrance smaller than the caliber: a.When the bullet travels the whole length of the tight fitting barrel. distance) Medium Range Fire (more than 15 cm. tattooing and smudging. Muzzle imprint due to outward slapping of the skin and heat. Factors which make the wound of entrance bigger than the caliber: a. 4. e. Abrasion collar or ring is distinct. d. Metal Fouling .

"Contusion collar" or ―Contusion‖ is absent "Contact ring is present due to the invagination of the skin and spinning of missile Tattooing or smudging may be present when firing is near Underlying tissues are not protruding. Paraffin test may be positive Always absent. waist band. Shored Gunshot wound of Exit . It may be possible that all of those wounds or a majority of them are entrance wounds with some bullets lodged. Shape of the Wound of Entrance b. It is also observed that tight-fitting clothings. Underlying tissues may be seen protruding from the wound.If the place where the gunshot wound of exit is pressed on a hard object as 46 By 4D2014-2015 Summary of Legal Medicine Book by Solis when the victim is lying on his back on a hard object or in small caliber shots the wound of exit tends to be circular or nearly circular with abrasion at its border. and as distance increases the pellets disperse with individual pellets causing individual wounds of entry. the size of the wound of entrance is dependent upon the distance of the fire. Near fire causes concentration of entry of the pellets. Edges are everted Usually oval or round It does not manifest any depending upon the angle definite shape of approach finite shape of the bullet. How to Determine the Number of Fires Made by the Offender: . if involved in the course of the bullet 2. Variation on the shape of the wound of exit may be attributable to the deformity of the bullet in its passage in the body and to the wabbling and stumbling movement of the bullet during its course and fragmentation of the missiles. Location of Bone Fragments and Lead Particles d. belt collar. brassiere may also support the skin to enhance formation of a circular wound of exit. Examination of the clothing. External Examination : a.FROGLETS NOTES In shotgun fire. the presumption is that one or more bullets might have been lodged in the body. By Probing the Wound of Entrance 2. X-ray examination Exit (Outshoot) Wound: An exit wound does not show characteristic shape unlike the wound of entrance. Distinction Between Gunshot Wound of Entrance and Wound ot Exit: Entrance Wound Exit Wound Appears to be smaller than Always bigger than the the missile owing to the missile elasticity of the tissue Edges are inverted. Examination of the internal injuries caused by the bullet 3. Difference in Level Between the Entrance and Exit Wounds d. stellate. but if the number of the gunshot wounds of entrance and exit is odd. This is due to the absence of external support beyond the skin so the bullet tends to tear or shatter the skin while sufficient amount of kinetic energy is still in the bullet during the process of piercing the skin.. Testimony of witnesses: Determination of the Traiectory of the Bullet Inside the Body of the Victim: 1. Actual Dissection and Tracing the Course of the Wound at Autopsy b. Fracture of Bones and Course in Visceral Organs c. Internal Examination : a. It may be slit-like. yet the number may still be even. Shape and Distribution of the Contusion or Abrasion Collar c. The rule is merely presumptive and actual inspection and autopsy will verify the truth of the presumption. Paraffin test always negative. Only in this instance may the wound of entrance of the same size as the gauge of the shotgun pellets. irregular or even similar to the wound of entrance. Other Pieces of Evidence or Findings Used to Determine Entrance of Gunshot: 1. The "Odd and Even Rule" in Gunshot Wounds: If the number of gunshot wounds of entrance and exit found in the body of the victim is even the presumption is that no bullet is lodged in the body.

and there are no vital reactions. Embalming 4. nostrils. When different shots produced different wounds of entrance but two or more shots produced a common exit wound Instances when there is No Gunshot wound of Exit but the Bullet is Not Found in the Body of the Victim: 1. The use of the apparatus will facilitate recovery of the lodged bullet together with the location of its fragments Special Consideration on Bullets: L. Souvenir Bullet: Bullet has been lodged and has remained in the body. Medical and Surgical Intervention 3. Instances when the Number of Gunshot wounds of Entrance is More than the Number of Gunshot Wounds of Exit in the Body of the Victim: 1. Determination of Entrance Wounds in the Body of the Victim 3. Determination of the Number of Spent Shells: 2. 2.a special form of bullet migration when the bullet loses its momentum u'hile inside the charnber of the heart or inside the big blood vessels and carried by the circulating blood to some parts of the body where it may be lodged. When one or more bullets are not through and through and the bullet is lodged in the bodY. or lodged in the pharynx and expelled through the mouth by coughing. Its long presence causes the development of a dense fibrous tissue capsule around the bullet causing no untoward effect. A bullet which strikes the neck may enter the air passage. 3.FROGLETS NOTES l.g. Bullets Embolism . In cases of misfire or a defect in the cartridge. and it may be coughed out or swallowed and recovered in the stomach or intestine. the pellets might have entered in a common wound and later dispersed while inside the body and making separate wounds of exit. 2. 3. When the bullet is lodged in the gastro-intestinal tract and expelled through the bowel. Tandem Bullet: Two or more bullets leaving the barrel one after another. Alteration of the Lesion Due to Natural process 2. 2. thereby making it not visible and then producing a wound of exit. Bullet Migration: Bullet that is not lodged in a place where it was previously located. Problems confronting Forensic physician in the identification of Gunshot Wounds: 1. There might be two or more bullets which entered the body through a common entrance and later making individual exit wounds. Wounds inflicted after death show no evidence of profuse hemorrhage. A bullet might have entered the body but split into several fragments. It may be located just underneath the skin to be easily palpated and may cause 'inconvenience and irritation. mouth. When alt of the bullets produce through and through wounds but one or more made an exit in the natural orifices of the body 3. no retraction of the edges. Near fire with a blank cartridge produced a wound of entrance but no slug may be recovered. then the gunshot wound is ante-mortem. The bullet may enter the wound of entrance and upon 47 By 4D2014-2015 Summary of Legal Medicine Book by Solis hitting the bone the course is deflected to have the wound of entrance as the wound of exit Determining whether the wound is Ante mortem or postmortem: If the wounds inflicted after death show no evidence of profuse hemorrhage. each of which made a separate exit. 3. or there are signs of vital reactions in the tissue. This might . e. 4. 2. There is a strong possibility for them to enter the target in a common hole. the bullet may be lodged in ihe barrel and a succeeding shot may cause the initial and the succeeding bullet to travel in tandem. X-ray Examination The use of an X-ray is almost indispensable in the examination of gunshot injuries. One of the bullets might have entered a natural orifice of the body. It may cause sudden loss of function of the area supplied or death if vital organs are involved. Number of Shots Heard by Witnesses Instances when the Number of Gunshot wounds of Entrance is Less than the Number of Gunshot Wounds of Exit in the Body of the Victim: 1. Deep seated location may not cause any problem to warrant its immediate removal. Problem Inherent to the Injury itself 6. In near shot with a shotgun.

the person who will pull trigger with live cartridge in the firing chamber will suffer the fatal consequence -may be considered suicidal Evidences to show the gunshot wound is homicidal: 1. burning. direction and length of bullet tract 4. GUNSHOT WOUNDS MAY BE SUICIDAL. location of missile. 5. the possibility of additional shots is not remote 6. complete description of wound of entrance and exit 2. depression. diagram and other illustration showing location of wounds 11. A person committing suicide wilI do the act in his most convenient way. 48 By 4D2014-2015 . severe frustration or previous attempt of self-destruction. organs or tissues involved 5. Could the wound be inflicted by the weapon? 2. roof of the mouth. Examination of the hand of the victim may show presence of gunpowder. unless he has the intention of deceiving the investigator. usually one shot 2. Did the victim die instantaneously? 8. disturbance of the surroundings 5. The shot was fired in a closed or locked room' usually in the office or bedroom. The death weapon is almost always found near the place where the victim was found. Signs of struggle 6. smudging and tattooing. Direction of the fire 4. Entrance wound do not usually involve clothings. If the shot is made on the head involving the brain. Possibility that gunshot wounds are self-inflicted 5. However. the shocking effect of the injury will not make him capable of firing another shot.FROGLETS NOTES create doubt to the statement made by the firer that he made only a single shot. precordial or epigastric region. witness testimony Evidences to show that the wound is accidental: 1. 3. Personal history may reveal social. At what range was it fired? 3. no point of election in he wound entrance 2. He may have history of mental disease. if lodges in the body 6. The shot is usually solitary. 8. no special area of body involved 3. witness testimony Points to be considered and included in the report of the physician: 1. determination of relative position of victim and assailant 4. no disturbance in the place of death Russian Roulette: -agreement among persons to load a revolver with live cartridge. each member will cock and pull trigger with muzzle directed to the temple or other vital parts. economic. 4. The location of the gunshot wound of entrance is in an accessible part of the body to the wounding hand. wounding firearm cannot be found at crime scene 6. Relative position of assailant and victim 12. The wound of entrance may show signs of muzzle impression. but ballistic examination can show as to whether the bullet travelled in tandem. Summary of Legal Medicine Book by Solis 13. HOMICIDAL OR ACCIDENTAL Pieces of evidence that tend to show that the Gunshot(s) wound is Suicidal: 1. victim’s fingerprints on butt Questions that a physician is expected to answer in court: 1. shots in some parts of the body which may not produce immediate death cir sudden loss of consciousness. 9. The direction of the fire is compatible with the usual trajectory of the bullet considering the hand used and the part of the body involved. defense wounds (signs of struggle) 4. location of the wound 3. place where the shot took place may reveal suicide note Can the Caliber of the Wounding Firearm be determined from the size of the gunshot wound of 7. fire is made when victim is at some distance 3. The strot was fired with the muzzle of the gun in contact with the part of the body involved or at close range. business or marital problem which the victim cannot solve. 2. It may be at the temple. Possibility of the victim to fire or resist the attack after being injured 7.

fewer in number of shots (9shots) 3. Odor of the gas inside the barrel *mixture of gases has peculiar characteristic order which is noticeable several hours afar discharge.15 diameter). show effects of bullet wound and other injuries SHOTGUN WOUNDS Shotgun.bore in millimeters *Not standard length of barrel. facilitate location of bullet 2. Chemical changes inside the barrel 3. Buckshot. degree of infection Determination Whether the Wounding Weapon is an Automatic Pistol or Revolver: 1.FROGLETS NOTES entrance? Yes. nature of wound 2. Determination of the Length of Survival of the Victim: 1. *It may be possible for a person who is accustomed to sound of firearms of different calibers to identify firearm by the sound produced. Later. . resistance of victim *Injuries in the brain and spinal cord which cause incapacity to do voluntary acts negates the capacity. failure of examining physician to distinguish between a near or far shot wound 4. Location of empty shells revolver VS automatic pistol in clylindrical magazine chamber after fire driven out of weapon after shot 2.shot are small (0. Nature of base of cartridge or spent shell revolver VS automatic pistol wider diameter than no such difference that of cylindrical body 49 By 4D2014-2015 Summary of Legal Medicine Book by Solis *It is not possible to determine the direction of the shot from the direction of the sound UNLESS that flash or the person firing the shot is seen at that time. when a device is set up to hold the firearm 2. Expression of the bore diameter in inches-0.24 to 0. age of wound 2. Evidence that may be deduced from the wound 1. Gauge System . product of a near shot wound has been washed out of the wound X-ray examinations may: 1.33 inch in diameter. show bone involvement 4.only a single or slug in a shell Systems employed in the determination of the diameter of barrel of a shotgun: 1. reveal fragmentation and location 3. organs involved 3. Nature of spent bullet revolver VS automatic pistol no coating bullet is copper jacketed 3.shoulder-fired firearm having a barrel that is smooth-bored Classes of shot in a shotgun shell: 1. The caliber may be inferred from the diameter of the gunshot wound. use for hunting fowls and small animals 2. area of body involved 2. physical condition of victim Capacity of the Victim to Perform Volitional Acts: Depends upon the following: 1.determination of number of lead balls.shot ranges form 0.5 inch to 0. Single Projectile (rifled slug). amount of blood loss 5. each fitting of the bore totals to one pound in weight 2.410 bore shotgun is the only shotgun at present designated 3. clothings are interposed between the victim and the firearm 3. presence or absence of infection 4. degree of healing 3. the odor will disappear as gases usually evaporate or chemical transform to doorless compounds 2. Metric system . vital organs involved 3. Birdshot. Gunshot wound may not be a near fire: 1. reveal trajectory of bullet 5. *It is impossible to distinguish and memorise the report from two firearm of the came caliber. Determination as to length of time a firearm had been fired: 1.

Chemical tests a. usually an abrasion d. presence of carbon monoxide along the bullet tract i. 2. Autoloading *A shotgun cartridge is usually 2-3/4 or 3 inches long and diameter depends on the gauge of the firearm Shotgun wound of entrance: 1. Determining whether a person has fired a firearm *When a person fires a gun. entrance wound is burned c.tendency for one shot to stoke another causing changes of the shot course 50 By 4D2014-2015 Summary of Legal Medicine Book by Solis e. disrupted deeper tissues h. Long range shot . Unchoke. smudging due to smoke up to 15 inches f. Gross examination or examination with the use of hand lens *This examination is not conclusive because other foreign particles may be mistaken for gun powder or other primer components. the number obtained will give the muzzle-target distance in yards *A close shot produces more serious injuries because of concentration on specific target and greater kinetic energy of pellets. contusion of tissue f.FROGLETS NOTES Grade of choke: 1. tattooing. Laboratory test to determine firearm residues *There is inference of contact or near distance of the gun muzzle to the skin when there is burning.diameter of barrel at muzzle end is smaller than rest of the barrel *The lethal range is in an area of 30 inches in diameter at 30 to 40 yards according to degree of choking. As to number of barrel a. Bolt action b. Choke. 6 feet-> shots begins to separate from conglomerate shot 10 feet-> produces independent wounds of entry ―Billiard ball ricochetted effect‖. gunpowder tattooing is densely located e. blackening due to smoke d.more than 6 inches skin-muzzle distance Indicators a. the powder particles which escape may cling on the dorsum of the hand *Detection of metallic residue on the primer palm hand may indicate that the individual was making a defensive movement trying to ward off the weapon *In suicide. Types of shotgun: 1. gunpowder tattooing up to 24 inches g. shape of wound b.diameter of barrel from rear to muzzle is the same 2. As to manner of firing and reloading: a. Pump action d. Contact or near contact shot . singeing of hair (less than 6 inches) g. Determination of the distance of the gun muzzle from the victim’s body when fired *The presence of gunpowder at or near the wound of entrance shows that the gun muzzle when fired is not more than 24 inches but its absence will not preclude near fire because other factors might have intervened 2. 5-6 feet-> wad tends to produce independent injury. smudging visible *The same test may be applied to dorsum of hand of persons suspected to have fired the gun . Lever Action c. 2-3 feet muzzle distance-> single wound of entry b. in an unchoked shotgun. residue may be deposited on the palm of the hand used to steady the barrel at the time of discharge Procedures in determining the presence of gunpowder: 1. Double Barrel Shotgun 2. DETERMINATION OF THE PRESENCE GUNPOWDER AND PRIMER COMPONENTS OF The importance of determining the gunpowder on the skin of the victim: 1. Microscopic examination 3. 3-4 feet distance-> serrated wound of entry referred to as ―rat hole‖ c. recovery of wad together with shot (pellets) 2.not more than 6 inches Indicators: a. Single Barrel Shotgun b. to estimate the distance: measure the distance between the farthest shot in inches and subtract one.

cigarettes. On the skin (Dorsum of the hand or site of the wound of entrance): 1. dirt. 3.also known as firearm identification. deals with examination of fired bullets . 4. *Test is not conclusive as to the presence of gunpowder because fertilizers. It is then exposed to radiation from a nuclear react emitting neurons.study of physical forces reaction on projectiles *Foreign ballistics . inadequately sensitive 3. afterwards their quantity is measured. On clothing's (Especially coloured ones) Walker’s tes (C-acid test. Diphenylamin test. Serial number Procedure of restoring serial number if tampered: 1. xylol and acetone 2. Harrison and Gilroy Test *A cotton swab moistened with 0. Cleaning *All oil. Caliber of the weapon 2. *The test does not enjoy substantial utilisation in forensic laboratory because: 1. Dermal nitrate test (Paraffin test. sensitive and employs equipment within economic means *Can determine presence of barium. cosmetics. development of instability of color 2. FIREARM IDENTIFICATION Factors: 1. H-acid test) *A glossy photographic paper is fixed thoroughly in hypo solution for 20 minutes to remove all silver salts and then washed for 45 minutes and dried. lacks specificity of color reaction 2. The material then examined under the scanning electron microscope with a linked X-ray analyzer.10 grams *The solution is swabbed until the numbers appear. Lung’s test or Gonzales’ test) *The presence of small particles containing either nitrate or nitrite will be indicated by a blue reaction of the particles upon contact with Lung’s reagent. Etching *For all iron or steel materials. Fouling of the barrel *recently fired firearm may have a characteristic door smoke inside the barrel 4. Neutron Activation Analysis (NAA) *A sample is obtained from the hands by the use of paraffin or washing the hand with dilute acid. Ballistic examination *Ballistics . act purely mechanical 2. barium and lead.60 cc Ethyl alcohol .50 cc Copper chloride . antimony and lead 4.80 cc Distilled water . Fingerprints *may determine if homicidal or suicidal nature of death 3. interference of color reaction among three elements themselves 4. grease and paint should be removed with gasoline. the following etching may be used Hydrochloric acid . Test for the presence of Primer Components: 1. Flameless Atomic Absorption Spectroscopy (FAAS) *Sample of hand washing is subjected to a high temperature to vaporise the metallic elements of the primer residue. urine and other nitrogenous compounds with nitrites and nitrates will give a positive reaction *Subjection of suspect is not selfincriminatory.1 molar hydrochloric acid is used to gather antimony. *This method is quick. *The test requires access to a nuclear reactor (very expensive test) *Unable to detect lead *Principle: Barium and antimony are converted into isotopes by means of neutron 51 By 4D2014-2015 Summary of Legal Medicine Book by Solis bombardment.FROGLETS NOTES *The test may involve determination of presence of gunpowder residues of primer components the Test for the presence of gunpowder residues: 1. it will result to production of dark red or orange-brown spots on the prepared paper. Polishing (Most important) *Whole surface should be smoothly polished using a fine file followed by a medium to fine grade carborondum cloth *The area should always have the mirror-like surface 3. *If unburned powder grains are present. Use of Scanning Electron Microscope with a Linked Xray Analyzer *Adhesive material is used to remove any residue particles from the hand.

Comparison Microscopes. When the cartridge is fired from the firearm. 2. In the process of contact between the part of the gun involved and the cartridge.FROGLETS NOTES and cartridge cases in a particular gun to the exclusion of all others Three separate and distinct area of Ballistics: 1. Exterior Ballistics .mark brought about by the magazine.instrument for the purpose of recovering the test bullet and shell. E. striking of the firing pin on the percussion cup. Sharp pointed instrument for scraping I.g. Other ways of recovering test bullet as used in other countries: 1.g. e. 2. b. serrations and scrapes. E. There is an attachment for photographic camera to facilitate the taking of pictures of the findings. the following marks are found in the shell and from the bullet: Marks found in the Shell: a. It is a long cylindrical container filled with cotton and an open shooting end.D.marks found in the head of the shell Marks from breechblock: the impact of the shell in the bleechblock in the recoil impresses the ridges of the bleechblock and often gives identification mark characteristic of a firearm. The individual or accidental characteristics of two objects may be compared. 3. Bullet Recovery Box. Marks on the cylindrical surface of the shell. siding or slipping cross the softer one leaving a series of abrasions. Interior Ballistics . Shot fired on a block of ice 52 By 4D2014-2015 Summary of Legal Medicine Book by Solis 3. *The test shell and bullet may be used for comparison with the evidence bullet or shell. Terminal Ballistics. 2. Shot may be fired on a box with oil and sawdust 2. Hand lens 4. d.concerned with the penetration.deals with what happened to the bullet or projectile from the moment it leaves the gun barrel to the moment of impact on the target or object 3. Analytical Balance See illustration on page 386 Types of marking on the examination through Comparison Microscope: 1.deals with what happened to the cartridge and its bullet from the time trigger is pulled until the bullet exits from the barrel 2. dragging.instrument consists of two compound microscopes which allows comparison of two objects by looking through single eyepiece. Striation or serration mark – produced by a harder surface scraping.concerns with the effect of the bullet on the target or until it comes to rest 4. Medical Ballistics. No two firearms can be manufactured with identical surface characteristics. referred to as ―individual characteristics‖ Instruments Use in Firearm Identification: 1. the surface condition of the part of the gun can easily be impressed on the shell or bullet. Marks of firing pin – impressions in the percussion cap Marks from the extractor – marks found in front of the rim of the shell Marks from the ejector. Quality of metal in the manufacture of firearm is much harder and resistant to deformity than the quality of metal used n the manufacture of cartridge. Vertical or horizontal shot on water tank 3. bullet surface may show the rifling marks on its surface of the barrel. Caliper 6. Marks found in the bullet: . severity and appearance of the wound due to bullet or missile Basic Principles Involved in Firearm Identification: 1. c. Impression type Mark (Stamp Mark) – the forcible application of hard surface against the softer one leaving an impression on the softer surface. Firearms have certain physical characteristics of certain type of caliber which differentiate it from others. marks 5.

The refling barrel is reflected in the bullet as it passes through it. ii. depth. the fracture is oval at the outer table. Fire from distance with the bullet having a right angle of approach to the skull.g. The backward force transfers the marking on the breechblock to the base of the cartridge. Number of lands and groovesnumber of grooves. 2. The skull is fractured without any definite shape with the linear extensions to almost all of the bones comprising the cranial box.the direction of the spiral lands and grooves may twist to the right or to the lest. Firing pin mark: when the base of the cartridge is hit by the firing pi. Each manufacturers of firearms make certain marks which will distinguish firearms manufacturered by them and makes specific number of spiral grooves and direction of the twist in the brrel of the firearm. The wound exit will be clean-cut oval round .FROGLETS NOTES Summary of Legal Medicine Book by Solis i. presence or absence of deformity or loss part c. b. a. Style of the cannelure Determination of individual accidental characteristics: By 4D2014-2015 or GUNSHOT WOUNDS IN DIFFERENT PARTS OF THE BODY Head and Neck 1. iv. E. Direction and rates of rifiling marks iii. b. Dimension of the lands and grooves iv. iii. gross examination or examination with magnifying lense: a. v. blood. burning and tattooing of the surrounding skin. Ejector mark: mark produced by the ejector in the process of throwing away the spent shell. Direction of the twist of the Rifling Marks. the pin produces distinct markings which can be reproduced by succeeding shots. Depth of the grooves v. the casing is forcibly moved backward against the breech force or recoil plate. 53 Determination of the clss characteristics: physical characteristics of certain caliber of firearm used by the manufacturer: i. presence of foreign elements. Cranium: Close or near contact fire in the head may produce marked laceration of the skin. Examination with the use of comparison microscope: this is the comparison between evidence shell or bullet with the test shell or bullet a. caliber of the bullet b. In fire Arm Identification the Examiner must take into consideration the following: 1. Extractor mark: mark made by the extractor on the cartridge rim when pulled away from the firing chamber. Breechblock mark: as the bullet is propelled forward by the force of the expanded gas. flesh d. There will be radiating linear fractures from point of entrance. Number of rifling ii. and width depend upon the manufacturer of the firearm. identity marks placed by previous possessor. The bullet recovered from the ody may show those marks in the examination and the examiner may have the presumption where the firearm came.

The victim may not die immediately but later may develop aspiration pneumonia or cerebral embolism. displacement of the heart. 2. 2. Chest wall: usually has an upward course and may involve both sides. Fragments of bones may be felt in the tunneled bullet tract. Injury in the cerebral hemispheres is as a rule not immdediately fatal and the victim may survive the injury. sternum or the body of the vertebra and may cause deformity or deflection of its course. If only the lungs is involve. with mark ecchymosis of the surrounding area and filled with fresh and clotted blood. . In jury of the brain causes sudden loss of consciousness and incapable of voluntary movement. Summary of Legal Medicine Book by Solis 4. pons. The tangential impact of the bullet may cause it to split and it is not uncommon to see a fragment lodging in the brain substance while the other ricochet outside hitting other objects nearby. Face May noy cause serious trouble except that it becomes potential avenue for infection that may cause deformity. Some victims may live for a while but developed epileptiform convalsions as a sequel. Grazing approach of the bullet may produce an elongated gutterlike depressed fracture of the cranium. however if the bullet courses the medulla. When the pulmonary vessel is involved. 3. the profuse hemorrhage may cause collapse of the lungs.FROGLETS NOTES opening at the inner table with beveled fracture at the outer table. Lungs: it produces a cylindrical tunnel much larger than the diameter of the projectile with the bloody contents and ecchymotic borders. Injury to trachea and upper bronchi may cause asphyxia or aspiration pneumonia. and other vital centers causes the immediate death. Chest: 1. 54 By 4D2014-2015 Neck 5. If involve the carotid or jugular vessel and death may be due to profused hemorrhage. Emphysema is present when there is marked injury to the air sacs. the profuse hemorrhage is observe that produces death before medical intervention can be done. When the intercostal or mammary vessel are injured there will be perfused hemorrhage. The bullet may strike the rib. The bullet may pierce the front portion of the neck and may involve the cervical portion of the spinal cord. causing instantaneous death if the upper portion is involved. Brain Substance: Usually a rugged tunnel with a diameter larger than that of the caliber of the bullet.

of the kidney. the spinal cord may be due to: a. However. fresh and clotted blood. Extremities: it may show the characteristic lesion of gunshot wounds. pancreas. The tunnel may contain fragmented tissue. Bullet affects the canal and the spinal cord causing either partial or complete severance b. death due to peritonitis is not rare on the account of the spilling of its contents into abdominal cavity. Injury in the body of other parts of the vertebra and contusion. Injury of the upper cervical spinal cord may cause immediate death because the vital nerve tracts may be involved. Abdomen: wounds are quite frequent but not as serious as those of the chest and head because of its ability to surgical operation. suppuration or other complications. CHAPTER XVII DEATH BY ASPHYXIA Asphyxia – general term applied to all forms of violent death which results primarily from interference with the process of respiration or the condition in which the . 55 Heart: wound may be circular or stellate with subepicardial hemorrhage in the surrounding tissue. Usually the wound is not so serious except when it involves the principal blood vessels and nerves. Bullet wounds in the stomach and other hollow areas are usually small on the account of he contractility of the walls. 4. As a general rule does not prevent the victim from running. etc may lead to fatal resuls. concussion or compression on the account of impact. Lower spinal cord injury may cause motor or sensory paralysis and may later succumb to hypostatic pneumonia. Loss of function. walking or to do other forms of volitional acts for death is not usually instantaneous. The wound entrance is smaller than the exit wound. Timely surgical intervention may prevent untoward complications. Bullet wound of the liver and other parenchymatous abdominal organs may cause stellate perforations which are usually larger than the caliber of the bullets that causes them.FROGLETS NOTES 3. The bony tissue may involves the principal blood vessels and nerves. Spine or Spinal Cord: injury of the spine may not involve the spinal cord but injury of By 4D2014-2015 Summary of Legal Medicine Book by Solis 6. It is limited to one or several organs. wound of the auricle is more rapidly fatal as compared with the would of the ventricle on the account of thickness of the musculature of the latter which produces temporary closure of the wound. 5.

Closing the mouth and nostrils by solid object b. Garroting iii. Stagnant Anoxic Death: this is brought about by the failure of circulation which may be due to heart failure. as to amount of constricting force: a. etc. Mechanical interference with the passage of air into or down the respiratory tract due to: i. Paralysis of the respiratory centerdue to poisoning. Convulsive phase: this is due to simulation of the cntral nervous system by carbon dioxide. The victim may be sitting or lying with the face down provided that the pressure is present in front or in the side of the neck. Types of death by Asphyxia: 1. 56 By 4D2014-2015 Summary of Legal Medicine Book by Solis Apneic Phase: is due to the paralysis of the respiratory center of the brain. Atypical: the ligature is tied or noosed and present on one side of the neck. Traumatic crush asphyxia c. Special forms of strangulations: i. shutting blood from the right side of the heart to the left without passage through the lungs Anemic Anoxic Death: this is due to a decreased capacity of the blood to carry oxygen. 2. complete: body is completely suspended and he constricting force is the whole weight b. This condition may be due severe hemorrhage. poisoning. 3. The victim may become unconscious in the convulsive stage. or arterial and venous obstruction. 4. 3. d. Compression of the neck with stick Suffocation: a. By ligature b. prone or in any other positions. The heart later fails. in front or behind the ear or on the chin. The breathing shallow and gasping and the rate becomes slower till death.FROGLETS NOTES supply of oxygen to the blood or to the tissues or both has been reduced below normal level. Visceral organs shows petechial hemorrhages known as Tardieu Spots (caused by the hemorrhage produced by the rapture of the capillaries on account of the increase if intra-capillaries pressure). Hanging Strangulation: a. injury or anesthesia. as to location of the ligature and knot: a. Histotoxic Anoxic Death: this is due o the failure of the circulation of the cellular oxidatives process. Obstruction of air passage iii. Classification of asphyxia by hanging: 1. Phases of Asphyxial Death: 1. 3. Closure of external respiratory ortifice ii. Dyspenic Phase: symptoms due to lack of oxygen and retention of carbon dioxide in the body tissue. Choking or closing of the air passage by the obstruction of its lumen asphyxia by submersion or drowning. Mugging or yoking iv. Cyanide and alcohol is common agents responsible. it cannot be utilized properly. partial: body is partially suspended as when the victim is sitting. reclining. Manual strangulation or throattling c. 2. kneeling. Breathing becomes rapid and deep. pulse rate increase and rise of blood pressure. although the oxygen is delivered to the tissues. b. or low hemoglobin level in the blood. The cyanosis becomes more pronounced and yes becomes staring and pupils are dilated. Anoxic Death: associated with failure of the arterial blood to become normally saturated with oxygen may be due to : a. 5. High altitude b. Palmar strangulation ii. typical: ligature runs from the midline above the thyroid cartilage symmetrically encircling the neck on both sides to occipital region. 6. Respiratory abnormalities e. Classification of Asphyxia: 1. shock. 2. 4. Asphyxia by pressure on the chest Asphyxia by irrespirable gases Asphyxia By Hanging: is a form of violent death brought about by the suspension of the body by a ligature which encircles the neck and the constricting force is the weight of the body. . 2.

In single loop. the larynx is pushed backwards and its opening is closed by the contact of the anterior to the posterior laryngeal wall producing asphyxia. the tongue will be pushed outward and will protrude from the mouth but if the pressure is below. if the not is just underneath the chin. Course of the ligature around the neck The usual appearance is that the groove or ligature mark is deepest opposite the location of the knot. Mode of Application of the Ligature The ligature may be placed around the neck with a single loop or with two or more hoops. 7. The thinner the ligature and the tougher the material. There may be no sliding noose at the end of the ligature. Other materials includes beddings. The pressure of the band will cause the air passage to constrict. b. the tongue is kept inside the buccal cavity. Protrusion of the tongue depends upon how pressure is applied around the neck. If above the larynx and in an upward direction. 5. the loop is found below the thyroid cartilage. Ligature in Hanging 1. Whistling sensation insede the ear Watering of the eyes . symmetrical: the knot or noose is at the midline of the body either at the occiput or just below the chin. Upon suspension of the body. the weight causes the noose or band to tighten. The rope is commonly used as ligature because it is easily available and strong. 4. It is not easy to retain the knot beneath the chin. door knob. Forms of furrow that develops in the neck depends upon the type of ligature. Materials used in Ligature.. 2. Asymmetrical: knot or noose is not is not in the midline but on the one side. It may be tightened after it has been encircled around the neck and the pressure on the air passage. 6. he will suffer the following symptoms: 1. In hanging. If the victim is timely rescued and revived after artificial respiration. the more pronounced will the the mark on the skin of the neck. 5. the groove at the back of the neck is not deep on account of the firmer skin and muscular tissue. Gradual loss of sensibilities Sensation of constriction of the neck Loss of consciousness and muscular power Numbness of the legs and clonic convulsion Sensation of ringing inside the ear Sensation of flash of light before the eyes Face becomes red with eyes prominent and feeling of heat in the head. window casing. the ligature is usually pull of the constricting force. Mechanism of Death: There is a ligature around the neck with a knot or with a sliding noose and the other end is fastened to an elevated object like peg. 3. However. The head is flexed opposite the location of the knot. Noose 57 By 4D2014-2015 Summary of Legal Medicine Book by Solis Symptoms 1. there will be several ligature marks with an intervening redness between the furrow. but if there are several. nail. Position of the Knot The knot or joint is usually located on either side of the neck. as symmetry: a. This can be distinguished on the nature of the ligature marks. 2. belts. tree. electric wire etc. 2. the number of loops around the neck and the point of suspension. If the material is soft and broad the ligature impression on the neck is less marked. blood vessels and nerves of the neck is established when the body is suspended. with the head tilted to the side opposite the location of the noose or knot. 4. there is but one ligature furrow. while in case of strangulation by ligature. There is more pressure in a single loop ligature on account of concentration of force at the weight compare to several loops. producing pressure at the region of the neck. etc. Pressure of the ligature may also cause compression of the superior laryngeal nerve. The level of the ligature around the neck may differentiate hanging from strangulation by ligature. 3.FROGLETS NOTES 3. ceratoid arteries and jugular veins producing cerebral anoxia.

2. Eyes closed or partially opened with pupils usually dialted on one side and small on the other side (facies sympathetic) c. but if the pressure is sufficient to occlude the carotid arteries. Administration of brandy. 3. If knot is below the jaw. Treatment 1. Cause of Death in Hanging 1. All the above symptoms may last for 12 days after rescue. a. Lividity or pallor of the face with swelling and protrusion of the tongue d. Severity of the constricting force If the constricting force is only sufficient to occlude the windpipe. Kidneys are congested. Simple asphyxia by blocking the air passage Congestion of the venous blood vessel in the brain Lack of arterial blood in the brain due to pressure on the carotid arteries Syncope due to pressure on the vagus and carotid sinus which leads to reflex irritation and paralysis of the medullary autonomic centers Injury on the spinal column and spinal cord. Hypodermic injection of coramine. 6. Induce the natural act of respiration a. but when applied above the larynx. Sensation of number ness of both legs. Electrical stimulation of the phrenic nerve e.FROGLETS NOTES 3. 58 By 4D2014-2015 Summary of Legal Medicine Book by Solis 2. death may be delayed. then unconsciousness develops immediately and death is accelerated. Venous system contains dark-colored fluid blood. General External Appearance a. or other stimulants c. Apply heat at the region of the precordium b. State of erection or semi erection of the penis with seminal flued in the urethral meatus h. Any combination of the above Time Required in the Process of Death Time is influenced by the following: 1. e. strychnine. . Stimulate the heart to renew action if it ceases to beat. Other factors a. Right side of the heart and the big blood vessels connected with it are distended with blood. 4. Ligature must be loosened and mouth msut be wiped to remove all obstacle to free air. Physical condition of the subject b. Lips livid or blue f. death may not occur for three to five minutes. maximum pressure is at the back of the neck cause merely partial occlusion of the windpipe and blood vessels of the neck. c. Saliva dribbled from the mouth with froth g. Place the patient where there is free current of fresh air d. Administration of respiratory stimulant. 5. Post mortem lividity with ecchymosis are mostly marked at the legs i. The rate of consumption of oxygen in the blood and tissues. Internal Findings: a. b. Difficulty of breathing and swallowing 4. Hands are clenched firmly and purple colored fingernails e. Tongue must be pulled forward and the body must be laid on back rest. jugular veins and vagus nerve. death is almost instantaneous. like ammonia. 2. Neck elongated and stretched with the head inclined on the side opposite the knot or noose b. thereby delaying death. c. Blood vessels of the brain is generally congested. 3. 2. 3. Point of application of the ligature When the ligature is made below the larynx. Maintain the natural body temperature a. Hanging with the knot situated on one side of the neck may delay death because of closure of cerebral vessels cannot be maintained. Cover the body with blanket b. Urination or defecation due to the loss of power of sphincter muscles. Place the patient in a warm room Post mortem findings in death by hanging 1. d. Engorgement of the lungs b.

Presence of signs of struggle. The Negroes are executed without due process of the law. Sub-pleural. e. Fracture of the hyoid bone or tracheal rings. But. 3. Presence of defense wounds in the body of the victim ―Lynching‖ a form of homicidal hanging usually found in southern states of US. B. There may be rapture of the underlying blood vessels. Asphyxia due to the occlusion of the windpipe.furniture and beddings may be disturbed whenever there is a previous struggle. Causes of Death in Strangulation by Ligature 1. the umbilical cord is abnormally long and there is no disturbance in the wharton's jelly. 4. subepicardial punctiform hemorrhages Summary of Legal Medicine Book by Solis It is advisable to look for other injuries which are capable of producing death to eliminate the possibility of hanging as the cause of death. c. Homicidal or Suicidal Strangulation by Ligature 59 By 4D2014-2015 . Evidence in support of homicidal hanging a. d. This must be differentiated from accidental strangulation during child birth. Strangulation by ligature is commonly observed in rape cases. 4.whether entrance was forcibly opened or have been used as an escape by the offender in homicide case b. c. redness or ecchymosis at the site of ligature ecchymosis of the pharynx and epiglottis line of redness or rupture if the intima of the carotid artery subpleural. 2. The skin at the site of the ligature is hard with red line of congestion and hemorrhage in some points. while hanging of a living subject whose bodily resistance has been markedly weakened may show slight vital reaction The following finding show that hanging is ante mortem 1. It may be observed in infanticide using the umbilical cord as the constricting material. Asphyxia by Strangulation Strangulation by Ligature: It is produced by compression of the neck by means of a ligature which is tightened by a force other than the weight of the body. Coma due to arrest of cerebral circulation. Whenever colored offenders are apprehended. Fold markings on the neck of an obese individual – the marks are not continuous and removed on stretching the skin of the neck Marks of tight neckwear – the location and history will differentiate this from ligature marks. Neck is flexed opposite the side where the knot is located. The course of the ligature is inverted vshape with the apex of the v at the site of the knot. Different diagnosis: 1. Inhibition of the respiratory center due to the pressure on the vagus and sympathetic nerves. muscles and other soft tissue g. 3. bodily injuries in the body of the victim d. homicidal or suicidal 1. Presence of stains. h.FROGLETS NOTES f. Usually practiced by Americans against the Negros who commit crime against the white American. 3. Ecchymosis of the neck depends upon the width and softness of the ligature. Determinations whether hanging is accidental. Accidental. but the presence of findings in the genitalia and other physical injuries are distinctive findings. sub-pericardial punction hemorrhages Findings on the neck: a. they are hanged by means of a rope on a tree or some similar objects. Shock or syncope. Determinations Whether Hanging is Ante Mortem or Post Mortem The principal criterion is the vital reaction. Nature of windows and doors . Ligature mark which forms groove is about or rather leass than the knot. 2. f. b. 2. The lining membrane of the blood vessels may be lacerated. hanging made immediately after death may also show to a certain extent vital reaction.

. Methods of Throttling 1. Suicidal strangulation by ligature is quite rare. The air passage may be blocked and death is due to asphyxia 2. Aside from the ligature mark in the neck. It is common among children. 3. etc. Place the face down and perform artificial respiration. The pressure on the neck may cause compression of the blood vessels and disturb the blood supply of the brain 3. Garroting A ligature. Suicidal smothering by means of his own hand is not possible Homicidal and accidental smothering is frequent. The nostrils and mouth may be blocked by the introduction of foreign substances. viscid or pultaceous fluid for a time to prevent the free entrance of air into the air passage and lungs. Time Required for Death in Drowning Submersion for 1-1/2 minutes is considered fatal. It may be done by placing a ligature around the neck and tightened by means of twisting a piece of stick. Accidental. a metal collar or a bowstring is placed around the neck and tightened at the back. like mud. There are a few instances of strangulation which are accidental and most of the victims are children or epileptics who are helpless and incapable of extricating themselves. Compression of the Neck with a Stick The victim may be forced to place his back behind a post. Palmar Strangulation The palm of the hand of the offender is pressed in front of the neck without employing fingers. Suicidal throttling is impossible because of the pressure of the person's own hand must be maintained for sometime but when unconsciousness begins. Smothering This is a form of asphyxial death caused by the closing of the external respiratory orifices. It is a method of choice in infanticide. The nerves of the neck may be traumatized especially the superior laryngeal branch of the glossipharyngal. Mugging (strangle-hold) 60 By 4D2014-2015 Summary of Legal Medicine Book by Solis This is a form of strangulation with the assailant standing at the back and the forearm is applied in front of the neck.FROGLETS NOTES Homicidal strangulation is the most common of the three forms of strangulation by ligature. It may occur when a person is under the influence of alcohol. however. C. a person may survive even after 4 minutes of submersion. Manual Strangulation or Throttling This is a form of asphyxial death whereby the constricting force applied in the neck is the hand. Using one hand 2. there are evidence of struggle or marks of violence in other parts of the body. accidental smothering of epileptic. if ordinary efforts for respiration is made. epilepsy or in any other helpless state. 2. 3. D. The average time required for death in drowning is 2 to 5 minutes. Using both hands with assailant at the back Manners of Death in Manual Strangling 1. Accidental throttling may occur but the victim never died of asphyxia but of other causes. hypoglossal nerves and the plexus surrounding Bifurcation of the common carotid artery or of the vagus producing shock. Asphyxia by Suffocation Asphyxia by suffocation is exclusion of air from the lungs by closure of air openings or obstruction of the air passageway from the external openings to the air sacs. using any of the following methods: Schaefer's Method or Sylvester's Method. Using both hands with assailant in front 3. Homicidal or Suicidal Manual Strangulation 1. paper. 4. Asphyxia by Submersion or Drowning This is a form of asphyxia wherein the nostrils and mouth has been submerged in any watery. although it may be utilized in suicide or in homicide. Examples: overlaying. plastic bag suffocation Choking This is a form of suffocation brought about by the impaction of foreign body in the respiratory passage. Emergency Treatment in Drowning Remove the bodily clothings especially the tight ones and wrap the body with blanket. 2. Homicidal manual strangulation is the most common. Most of suffocation by choking is accidental. cloth. the hands are relaxed and the victim recovers. gagging. Special Forms of Strangulation 1. either by the use of the hand or by some other means.

floats usually with flexed extremities. abdominal pain. and labored breathing Prolonged exposure on a diluted atmosphere may cause tetanic convulsion. dilated pupils. followed by dizziness. cold extremities. nausea. EFFECTS  Burking This is a form of traumatic asphyxial death invented by Burke and Hare for the purpose of murdering people to be sold to medical schools for dissection. Transparent gas. In accidental cases. and the end result of fermentation and decomposition of organic matters. Blood in fluid state. product of complete combustion of carbon containing compounds.FROGLETS NOTES Administration of stimulants as ammonia. nose. Examination Through a Spectroscope 4. Kunkel's Test 2. E. Victims may be accidentally imprisoned or deliberately enclose themselves in a room or garage with motor engine running or slow burning is present. Within 24 hours. headache.the bronze color of the head and neck of a person who died in water during the process of decomposition. Floating of the Body in Drowning The body may not immediately be recovered after drowning because it is under water. caffeine.coal. oil. and deep wells. the body floats. throat and air passages. Qualitative Test for Carbon Monoxide in the Blood 1. Injection of strchnine. kerosene 61 By 4D2014-2015 COLORLESS. sex and body built. Co "Silent Killer") Carbon Monoxide is formed from the incomplete combustion of carbon fuel. on account of the decomposition which causes the accumulation of gas in the body. Offensive odor is noticed on opening the body. septic tanks. The body when recovered. vomiting. Formed during a decomposition process of organic substances containing sulphur. The floating of the body is markedly influenced by the weather. stupor. POST-MORTEM FINDINGS     Putrefaction sets rapidly. age. dark brown in color is due to conversion of hemoglobin to sulmethemoglobin. drainage pipes. Found in large quantities in a sewer. The head is submerged because it has a higher specific gravity than the rest of the body. etc. the body may be pinned between two big objects or collapsing building on the ground. the assailant may kneel on the chest of the victim or squeeze the victim between the arms and legs as in wrestling. etc. Classified as traumatic asphyxia. Infrared Analysis Carbon Dioxide (Carbonic Gas Acid) Carbon Dioxide is the gas blown out of the lungs during respiration. "tete de negri" . Gas Chromatograph 5. The specific gravity of human body is slightly more than of the water. coramine. Very rarely is traumatic asphyxia attempted in suicide. presence of wearing apparel. coma and death. . Inhalation of oxygen combined with 5% to 8% carbon dioxide to stimulate respiration. condition of the fluid medium where drowning took place. Asphyxia by Breathing Irrespirable Gases Carbon Monoxide (Carbonic Oxide Gas. Compression Asphyxia (Traumatic or Crush Asphyxia) This is a form of asphyxia whereby the free exchange of air in the lungs is prevented by the immobility of the chest and abdomen due to external pressure or crush injury. The fatal carbon monoxide poisoning usually involves burning wood. or gasoline engine in cars. F. H2S) NATURE and CHARACTERISTICS    Death by Crucifixion When person is nailed on a cross the weight is supported by the nailed feet. HYDROGEN SULFIDE (SULPHURETTED HYDROGEN. cyanosis. In homicidal cases. Summary of Legal Medicine Book by Solis  A dilute solution produces irritation of the eyes. delirium. and charcoal used in heating or cooking. Accidental and suicidal death by carbon monoxide poisoning is common. aromatic vinegar. sweetish taste and emitting an odor similar to a rotten egg. Lungs are congested and edematous. Potassium Ferrocyanide Test 3.

thus causes sneezing. Formed by addition of acid to potassium or sodium salt of cyanide. fingernails are blue and jaws firmly closed Eyes are bright and glistening and pupils are dilated Odor of the acid may be noticed on opening the body Heart is engorged with bright red blood Mucous membrane of the esophagus and the stomach may be congested and covered with froth. coughing.FROGLETS NOTES  Other organs are congested and dark colored.P.A. in ordinary bamboo shoots.) Bromobenzyl Cyanide (B.B. spasm of the glottis and suffocation Irritates the eyes and caused congestion and lacrimation 62 By 4D2014-2015 Summary of Legal Medicine Book by Solis POST-MORTEM FINDINGS  Not characteristics but there may be cyanosis with signs of asphyxia WAR GASES ESSENTIAL CHARACTERISTICS        Heavier than air Capable of spreading rapidly on the area where the chemical effects is desired Capable of producing effect even in low concentration on a specified area May be a true gas.) EFFECTS:     Irritation of the eyes with copious flow of tears Severe lacrimation. EFFECTS  Loss of muscular power. and in certain oil seeds and beans. congestion of the conjunctivae and temporary blindness Irritation of the respiratory passages and lungs. spasm of the eyelids. in kernels of common cherry. HYDROGEN CYANIDE NATURE and CHARACTERISTICS    One of the most toxic and rapid acting gases.S. smoke. slow and stertorous breathing with loss of consciousness which may or not be preceded by convulsion before death POST-MORTEM FINDINGS        Body is livid or violet in color Post-mortem lividity is bright red or pink due to the formation of cyanmenthhemoglobin Fingers are clenched. giddiness. burning sensation in the throat and discomfort on the chest Vomiting. plum. SULFUR DIOXIDE NATURE and CHARACTERISTICS    COLORLESS gas Employed as a disinfectant. volatilized liquid or finely divided solid Manufactured in big quantity in a relatively cheap price Stable substance or not easily made non-toxic by rapid chemical reaction Capable of storage for an ample length of time CLASSIFFICATION BASED ON THE PHYSIOLOGICAL ACTION LACRIMATOR or TEAR GAS KINDS:    Chloracetophenone (C.) Ethyl Iodoacetate (K. peaches.C. nausea.K. bronchitis and blistering of the skin PREVENTIVE MEASURES    Wearing of Gas mask Washing of the affected eyes with boric acid solution Sodium bicarbonate solution may be applied in other affected areas . in bitter almond. bleaching agent Found in eruption of volcanoes EFFECTS   Irritation of the respiratory passage. Found in leaves of cherry-laurel.

) Diphenyl cyanarsine (D. d. inattention. defective hearing c. psychotrophic drugs) .  When inhaled. inexperience b. worn out tires. blind intersections. poor brake. Perceptive Defect – ex. MECHANICAL FACTOR – ex. Yellow Cross. EFFECTS  Nausea. Driving under influence of alcohol or drugs (depressant drugs. marijuana. C0) CHAPTER XVIII DEATH OR PHYSICAL INJURIES DUE TO AUTOMOTIVE CRASH OR ACCIDENT EFFECTS  Summary of Legal Medicine Book by Solis AUTOMATIVE CRASH: LUNG IRRITANTS (Asphyxiant or Choking Gas) FACTORS RESPONSIBLE TO AN AUTOMOTIVE CRASH KINDS     Chlorine (CL2) Phosgene (COCL2) Chloropierin Diphosgene EFFECTS  1. showing of. stricken with coryza. Disease – the driver may develop an epileptic fit or suffer from a heart attack while on the steering wheel e. Defective vision. coma and death STERNUTATOR (Nasal Irritants or Vomiting Gases) KINDS    Diphenyl chlorarsine (D. weather. Insurance – develop ―devil may care‖ attitude on the driver inasmuch as he will not be financially held liable for damages as a consequence of a crash PEDESTRIAN EFFECT  HUMAN FACTOR a. tightness of chest and coughing. malaise. ―Ypertite‖) Lewisite (Chlorovinyl-dichlorarsine)  Contact with the skin may cause bleb or blister formation Hydrocyanic Acid (Hydrogen Cyanide or Prussic Acid) Hydrogen Sulfide (Sulphurated Hydrogen) Carbon Monoxide (Carbonated Oxide. Defect in the steering wheel. SOCIAL FACTOR – ex. Delayed or Sluggish Reaction Time – Reaction Time – the space of time the driver perceives an impending danger and the actual application of the brake. and prostration PARALYSANTS (Nerve Gas)  Paralysis at the myoneural junction BLOOD POISONS KINDS ENVIRONMENTAL FACTOR – ex. transmission failure. Mental Attitude – ex. they cause dyspnea.) Diphenylamine chlorarsine (D. leak in the exhaust system of the vehicle 5. vomiting. Speed. salivation and pain in the chest.A. vomiting. absence of road signs. Chemical Factor – ex.) 2. headache. Reckless driving. varying degree of conjunctival irritation. INJURIES AND DEATH ON THE DRIVER AND PASSENGERS 63 By 4D2014-2015 .C. Roads. fatigue.M.FROGLETS NOTES VESICANT or BLISTERING GAS  KINDS    Mustard Gas (Dichlordiethyl Sulfide. stiff and slippery road may prolong the sked time Sked time – the space of time between the actual application of the brake and the stopping of the car 3. unstable body 4.

c. 3. But the use of seat belt is not absolutely considered as a safety device. Impact of the lower extremities against the dashboard may cause fracture of the tibia. 2. bumper and other parts of the car commonly involved in the impact are made of metal which can absorb energy. Crashing injury of the neck. then the head will move forward until the chin strikes the front portion of the chest and with the neck hyperflexed. the occupants may be pinned. Laceration of the liver and/or spleen. Ejection may increase further the injury sustained by the occupant. Rear Seat Occupants – they may strike the back of the front seat. e. The rolling process causes the different sides of the vehicle to absorb the force of the impact. Laceration of the face and scalp. Severe impact of the driver’s head on the windshield may cause laceration of the scalp. First Collision – the impact of the moving vehicle with another vehicle or a fixed object Second Collision – the impact of the unrestricted occupants with the interior of the vehicle   FACTORS RESPONSIBLE FOR PASSENGERS AND DRIVER INJURY 1. crushed or may be thrown away and fall on the ground. On account of the ling period of the process of rolling. Special restraints to the occupants are being applied to reduce the severity of the second collision in the forms of lap and shoulder belt and air bag. Use of soft padded dashboard. or may be propelled over the front seat striking the front seat passenger and driver. Laceration or rupture of the heart. face or neck. MEANS EMPLOYED TO MINIMIZE INJURY TO DRIVER AND PASSENGER 1. windshield safety glass. 2. ROLL OVER CRASH (Turn-turtle Impact)   In the process of rolling. REAR IMPACT CRASH 64 By 4D2014-2015 Summary of Legal Medicine Book by Solis With the impact at the rear. The backward and forward movement of the head is known as ―acceleration-deceleration injury‖ or ―whiplash‖. 4. SIDE IMPACT CRASH    Common impact in street intersections The lateral impact to the chest may cause fracture of the ribs. or pelvis as well as lacerations and abrasion of the skin of the area.FROGLETS NOTES KINDS OF COLLISIONS IN AUTOMOTIVE CRASH 1. It may cause . Fracture of the ribs and sternum. Front Seat Passenger a. Laceration of the spleen and kidneys and pelvic may also be observed. dashboard. Displacement of the occupants within the vehicle with impact against structures Ejection Distribution of the passengers in the compartment resulting in direct impact injuries FRONT IMPACT CRASH 1. enlarged and padded central steering wheel hub and collapsible steering column The interior of the passenger compartment. 3. The impact of the face to the circular rim of the steering wheel may cause fractures of the teeth. contusion with laceration of the lungs. fibula. d. dissipate such force and prevent its transmission to the driver and passengers. dashboard with perforation to allow metal to deform easily. jaw and facial bones. b. dashboard or windshield. c. 3. Abrasion of the face and scalp. f. side doors are prevented from intruding into the passenger compartment and strike the occupants. Driver a. including the steering wheel. the head moves backward or hyperextended. Fracture of the skull. the pillar between the front and rear side doors. the passenger does not sustain severe injuries. b. femur. g. 2. The fender. 2. EJECTION OF THE OCCUPANTS   The primary impact of the vehicle may forcibly open the unlocked door. It may result to muscle spasm or injury to the ligament of the neck resulting to pain.

visceral organs and vertebral column. No evidence of any effort to apply the brake or to avoid striking the object (foot still on the accelerator pedal)  HOMICIDE BY MOTOR VEHICLE   The simulation of a crash may occur to conceal a prior homicide Victim of other means of violent death may be placed on the road to simulate that he is a victim of ―hit and run‖. paint strains. EVIDENCE IN VEHICULAR CRASH 1. history of epileptic seizure. Seat belt Syndrome – the acute flexion of the trunk (jackknifing) with the belt as the central fulcrum may cause fracture of the trunk with the visceral organs in forward motion. step on the brake and accelerator. RUN OVER INJURIES    The pedestrian may be run over by the moving vehicle during the initial impact or thereafter Usually.  Accounts for the multiple abrasions and contusions on the body of the pedestrian-victim 3. PRIMARY IMPACT  First violent contact between the pedestrian and the motor vehicle The severity of the injury depends on the position of the victim when the impact occurred. may stretch the mesentery and causes injury to the intestine and mesentery itself. skid or tire marks. hit or sideswipe a pedestrian or collide with another vehicle or fixed object and get away from the scene without regard to the unfortunate victim This usually happens when the driver is drunk or ―high‖ at night time. rupture of organs and internal hemorrhage may be seen at autopsy 4. and the amount of bodily support (clothing and other apparel) The movement of the body after the primary impact depends on the location of the impact Bumper Fracture – Fracture of the leg bones as a consequence of the primary impact  2. heart condition. nature of the road and part of the body involved  Fitness to drive – capacity to manipulate the steering wheel.FROGLETS NOTES injuries to the abdominal wall. the victim dies of shock Crash fracture. speed of the moving vehicle. ground or on the vehicle Narrations of witnesses as to how the incident took place including the identity of the vehicle and the victims PEDESTRIAN – VEHICLE COLLISION DEATH OR PHYSICAL INJURIES TO PEDESTRIAN Summary of Legal Medicine Book by Solis  1.     65 By 4D2014-2015    . in an isolated road and with no eyewitnesses or someone who could take note of the identity of the vehicle SUICIDAL CRASH    Usually a single vehicle and single occupant crash Head on collision with roadside object. FROM THE DRIVER  The subsequent impact of the pedestrian to the ground after the first impact The injury sustained by the pedestrian depends mostly on the force of the ground impact. visual and hearing perception. etc. There may be abrasion. FROM THE SCENE OF THE CRIME  The area of the road – a photograph sketch must be taken to determine who violated the traffic rules and regulation The skid and tire marks on the road – for identification of vehicle and whether the driver stepped on the brake immediately before the crash Condition and position of the victim – whether pedestrian or occupants Condition of the vehicle and of other structures in the vicinity Blood. pole or bridge support at a high speed. HIT-AND-RUN INJURIES  A fast moving vehicle may run over. contusion and hematoma of the lower portion of the abdomen. reflex time. SECONDARY IMPACT 2. pieces of clothing that may be found in the body of the victim.

No restraint system is available to keep the operator and the passenger on the bike and as a result. Summary of Legal Medicine Book by Solis There are so little crushable materials to absorb the impact that the motorist himself is subjected to the severe force. the cyclist may lose control of the brake.15% alcohol in the blood is considered drunk Injuries due to second collision – like steering hub imprint. KINDS OF VIRGINITY 1. and gloves to protect the skin from injuries that result from ejection Leather boots to protect from injuries of the bones of the feet and legs. 3. Determine deceased’s position on the vehicle or the pattern of injuries Determine whether death occurred as a result of the crash and not due to natural disease. multiple abrasions and laceration of the face and scalp. 4. At high speed and frequently in curves.a condition where a woman is conscious of the nature of the sexual life but has not experienced sexual intercourse. a. though her mind and heart is impure. poisoning. Inasmuch as the cyclist is exposed to crashes. gunshot wound or other causes prior to the crash Question of survivorship when more than one member of the family died in a crash Size of monetary reward in a civil suit may depend on the nature and extent of the injuries suffered MOTORCYCLE CRASH REASONS WHY THERE IS A HIGH PERCENTAGE OF MOTORCYCLE CRASH 1. Moral Virginity.the hymen is intact. 3. Motorcyclist helmet which must be buckled to protect the head. fractured skull. 2. There is a presumption that a woman is virgin whenever it is shown that she is single and continuous until overthrown by proof to be contrary.FROGLETS NOTES   Alcoholic drunkenness – a person with at least 0. False Physical Virginity. 3. fracture of the leg bones. CHAPTER XXI MEDICO-LEGAL ASPECTS OF SEX CRIMES A. ejection from the motorcycle is common. or the cyclist may be drunk. A woman is a VIRTOUS FEMALE if her body is pure and if she has never had any sexual intercourse with another.the state of not knowing the nature of sexual life and not having experienced sexual relation. 1. it may hit a fixed object. thick pants. 2. .is a condition of a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection. the only alternative approach is the protective wearing apparel. 2. It has a small profile that the driver of other vehicles may fall to see it. Leather jacket. ribs and sternum 3. Whenever the motorcycle strikes another vehicle or a fixed object the injuries is quite severe because: 66 By 4D2014-2015 1. VIRGINITY AND DEFLORATION Virginity. 2. b. 3. 2. Demi-Virginity. Physical Virginity. FROM THE VICTIM IN VEHICLE-PEDESTRIAN COLLISION        Crush injury Tire Thread Marks Abrasion Marks Paint Marks Blood.condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act. True Physical Virginity. A motorcycle can attain a high speed compared with other ordinary road vehicle. the tire may skid. hair or Clothing of the Victim Physical Defects of the Victim Inebriation of the Victim – the victim might have been under the influence of alcohol and other depressant drugs PURPOSES OF THE AUTOPSY OF VICTIMS OF VEHICULAR ACCIDENTS 1.hymen is unruptured but the orifice is wide and elastic.

vii. Stellate.two openings iii. THE FOLLOWING FACTS MUST BE INCLUDED. Parts of the female genitalia that must be examined to determine defloration: 1. iv. Firm and with strong connective tissue and plenty of blood vessels. viii. Condition of the Vulva Fourchette Viginal canal Hymen. Annular or Circular. Fimbriated. Summary of Legal Medicine Book by Solis Breast Viginal Canal Labia Majora and Labia Minora Fourchette (present a V-shape appearance as the two labia minora unite posteriorly. 1. A woman may resort to many forms of homosexual as well as heterosexual practices without losing her virginity. b.the hymen presents several openings instead of a single one. Cribiform. Medical instrumentation vi. ii. ix. 4. Masturbation ix. Septate. Previous operation IN THE MEDICAL EXAMINATION OF THE HYMEN.FROGLETS NOTES 4. PARTS OF THE FEMALE BODY TO BE CONSIDERED IN THE DETERMINATION OF THE CONDITION OF VIRGINITY. may be transparent and may be 67 By 4D2014-2015 c. Local medication vii.hymenal opening is like a star.the opening is oval or circular located at the center of the hymen. vi. Membranous hymen. 4. Linear. As to structure and consistency: i. As to number of opening: i.the fact that hymen is intact does not prove absence of previous sexual intercourse and the presence of laceration does not mean defloration. Passage of clotted blood during menstruation ii.no opening in the hymen. Falling on hard and sharp object v.there are two openings separated by a bridge of hymenal tissue. iii. Ulceration due to disease iii. ii. Imperforate. Single orifice ii. v. lacerate without pain or appreciable bleeding. General condition of the hymen Original shape of the orifice (opening) If lacerated. the following must be noted: .the border of the opening shows small irregular protrusiontowards the opening. iii. Multiple. Virgo Intacta. Infantile. Jumping or running iv. 2. 2. B. b. Self-scratching due to irritation viii. Septate.a truly virgin woman. 5. 3. Thick yielding hymen with scarce blood vessels. a. DEFLORATION Defloration is the laceration or rupture of the hymen as a result of sexual intercourse.several openings iv. Imperforate. There are no structural changes in her organ to infer previous sexual intercourse and that she is a virtuous woman. yet she may be unchaste. a.) Hymen a.no opening Virginity is NOT synonymous with Chastity. Other causes of hymenal laeration: i. 3.hymen is parchment like.the concavity may be facing either side or upwards or downwards. Insertion of foreign bodies x. c.the opening is slit-like and usually running vertically. As to the shape and size of the opening: i.the opening is small. Semilunar or crescentric.

Death by male partner a. f. Infection C. Must be a manifested and tenacious resistance. B. tachycardia and hyperventilation due to emotional response and muscular exertion. Death may be due to the defensive act of the woman-victim. Degree of laceration (complete. May be due to the performance of the sexual act in an enclosed place with carbon monoxide or asphyxiant gas. b. b.) iv. Hemorrhage. fresh healing. During sexual excitement a. The female may die of shock as a result of the extreme trauma in case of rape. The sexual intercourse might be done in a relatively confined space like the back of the seat of a car. during orgasm. Death by female partner a. Increased respiration vi. g. A decrease of sensory perception During Orgasm In the male. causing asphyxia. Increase of pulse rate ii. Brrr brr brr 68 By 4D2014-2015 Summary of Legal Medicine Book by Solis DEATH RELATED TO SEXUAL ACT A. Location of laceration iii. Duration of laceration(fresh bleeding.consequence of this peripheral flow concentrating on erectile tissue v. healed with sharp coaptible borders without congestion or healed laceration with rounded non-coaptible borders and retraction of the edges. 3rd and 4th spinal sacral segments. incomplete or complicated laceration) ii. The Size and the length of the penis may cause total or partial block of the air passage. Brrrr brr brr Character of the Offended Party: -The person is guilty of rape if force and violence were used regardless of the good or bad morals of the offended party. Homicide-suicide pact. Local Changes – the parasymphatetic innervations of the sex organ is from the 2nd . In case of cunnillingus (a prevented sexual act wherein the male licks the female genital organ) the male partner may blow air in the vulva and may cause embolism especially when the woman is pregnant. d. Evidences of Force or Intimidation: or -Mere initial reluctance of the offended party or verbal refusal alone will not prove force.because of increased blood pressure. B. Brrr brrr brrr b. In the female. there is contraction of the smooth muscles of the uterus and rhythmic contraction of the viginal sphincter. orgasm is the sensation resulting from the contraction of the smooth muscles of the genital and the striated muscles of the pelvic floor coinciding with ejaculation. In concealing the crime. Tumescence. In case of oral sex (fellatio) wherein the male penis is placed in the mouth of the female partner. Marked increase in blood pressure making its peak during orgasm iii. e. A decrease in bleeding during arousal vii.FROGLETS NOTES i. Sadist who may not be sexually satisfied by sexual intercourse but by inflicting physical injuries to the partner . . Death of BOTH partners a. c. Sysmetic effects: i. b. h. Complications of laceration PSYCHOLOGICAL CONSIDERATION A. and the sympathetic innervations is from the 11th thoracic down to the 1st lumbar. Death from natural cause. An increase of peripheral flow of blood experienced as an increase of body warmth iv. the ischiocavernousus and the pelvic floor musculature.

BUT local courts would consider this as rape because actually deprived her of reason -Employment of force is established not only by testimony of the injured girl but also by the signs of finger grips on the front part of her neck. Rape committed while the woman is under the influence of alcohol or other depressant drugs -in the absence of decided cases. BUT lack of medical examination of victim NOT an indispensable element in the prosecution of rape. Information not signed by the offended party is insufficient to . Sexual act on a woman under the influence of sex stimulating drugs -If the offender is the father of the girl who is of a tender age. it is not necessary that there are signs that she put up a determined resistance. Lung). feeble-minded and can only speak mono-syllables -sexual intercourse with insane woman -BUT. b. 2. 14 years of age.FROGLETS NOTES Summary of Legal Medicine Book by Solis -Force. Rape Committed by Depriving the Victim of Her Reason or Otherwise Made Unconscious 1. -if did not deprive her of reason. Sexual act after administration of narcotics or other "knock out" drugs 3. Sexual act on a woman who is unconscious because she was knocked-out d. c. Sexual act on a woman suffering from sleeping sickness . When the woman is under 12 years of age -called statutory rape -regardless of whether or not force or intimidation is applied or the child is not deprived of her reasons or otherwise unconscious -even if child consented or even if child a prostitute -reason: one must not take advantage of the meager intelligence and incomplete physical development of a child below the age of 12 -multiple rapes committed by each accused was independent to others -victim and accused must immediately be examined by the physician to have a strong medical evidence of rape.Application of threat will cause fear in the victim of the untoward consequence. Deprival of Reason a. If she will not accede to the will of the offender. cannot be proven by medical evidence. Rape committed on insane or mentally deficient woman -victim: woman. on the arms and the fact that the garments worn at the time were torn and heavily stained with blood. -complaint for rape NOT valid unless it is a complaint by the offended party.because woman is unconscious Rape Committed by Employment of Intimidation -if offender inflicted physical injuries on a woman sufficient to make her unconscious before the sexual act was done . not rape (US v. sexual intercourse with a deafmute woman is not rape in the absence of proof that she is an imbecile -proof of mental condition of the victim by medical findings of the physician who needed b. Sexual act committed while the woman is on her natural sleep . The woman-victim is unconscious a. need not be irresistible as long as it brings the desired result. -Intimidation purely subjective.Strong evidence of force is the presence of physical injures found on the person of the victim in the course of medical examination. also rape 69 By 4D2014-2015 c. as an element in rape. WON it will prosper depend upon the evidences offered. the crime may constitute intimidation. The victim may suffer all types of physical injuries depending upon the resistance offered by her and the degree of force applied by the offender.

When by reason or on the occasion of the rape. a homicide is committed Medical Evidences in Rape 1. strength and degree of muscular development of woman must be noted to determine whether she has capacity to resist unlawful resistance -describe mental state of victim f. time and place of the examination 1. -breast roughly handled or presence of finger marks. blood stains c. hymen fresh lacerations etc. Filing of complaint by father of a girl who is only 14 years old. semen spermatozoa 3.does it correspond to the alleged date of commission? g. Instances When Rape is Punishable by Death 1. the victim becomes insane 2. When by reason or on the occasion of the rape. if confined on correctional institution by the head of the institution -short history of the rape in writing -the following must be recorded by the physician: a. examination of including the breast genitalia. the facial expression and the bodily and mental attitude of the subject 70 the By 4D2014-2015 4. When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof 3. vulva swelling. -place: determine which court can acquire jurisdiction -in the pubic hair the ff may be gathered: b.FROGLETS NOTES confer jurisdiction on the court. body louse 2. Evidences from the victim -written consent from victim or guardian if not of age. date. examination of the body for signs of violence -signs of physical violence on the body if actual force was applied -whole body subjected for inspection -may use xray for bone lesions -determine of probable age of the physical injuries-. date. sufficient compliance with RPC. physical and mental development of the victim -height. pubic hair of offender -material to the determination of the possible findings of the physician on the victim 2. nipples bitten. Examination of the alleged offender and . physician must observe the gait. time and place of the alleged commission of rape -to determine how long has elapsed after alleged commission of crime before filed complaint or subjected herself to medical examination Summary of Legal Medicine Book by Solis e. condition of the clothings d.

defense that he is impotent f. history of the incident. condition of the sex organ -blood.Semen: the viscid. potency of the offender . presence of alcohol or other depressants Investigation of the Crime Scene: 71 By 4D2014-2015 1. mental condition and strength 1. seminal stain. stains found at the site of the commission of the offense PROCEDURE: 1. Disturbances in the place of commission may infer or affirm the statement of victim that she did offer resistance -won offender can overpower the resistance offered by the victim 2. Gross Examinations a. seminal and other stains may be recovered to prove consummation and struggle b. mental condition.FROGLETS NOTES Summary of Legal Medicine Book by Solis a. physical power. stains on the body of the victim and accused 4. vaginal epithelium and doderleins bacillus. From 5055 microns in length. evidence of genital infection accused 2. evidence from pubi hair -matted together due to blood stains or seminal fluid discharge -presence of body louse e. to determine whether the companion might have participated as an accomplice e. won they are consistent with narration of facts of victim b. physical development. epithelial cells. -The ff specimens may be examimed for seminal fluid and spermatozoa: . urethral meatus moist d. The head is ovoid and flattened when viewed in front and pearshape when viewed on the profile. evidence of physical injuries -whole body must be examined -victim in the course of struggle may have inflicted injurie upon him 3. having the characteristic fishy odor. blood. wearing apparel of the victim and alleged 3. if companion helped victim when force was applied by offender. Evidences form the companion of the victim a. Inspection by means of Ultraviolet light patches -to make visible small seminal stains or -shows bluish fluorescence . examination of clothings d. Investigation of witnesses who may possibly be material to the prosecution of the case may be conducted EXAMINATION FOR SEMINAL FLUID AND SPERMATOZOA c. vaginal smear from victim 3. Pieces of personal belongings of offender and/or victim may be recovered to prove consummation and struggle 4. Inspection by means of the naked eye or with the use of the hand lens color -stain is grayish-white to faint yellow in b. normally present in the seminal fluid consisting of a head. lecithin bodies and other substances -Spermatozoon: living organism. age and emotional state to determine capacity to resist unlawful aggression from offender f. neck and tail. Strands of hair. and containing spermatozoa. companion must be subjected to physical and medical examination for physical injuries c. albuminous fluid with faint grayishyellow color.

BUT possible to woman who had several sexual intercourse and to those who have given birth Can a woman commit the crime of rape on a man? "commited by having carnal knowledge of a woman" thus. Perform any of the following: a. such as in cases of aspermia (semen without spermatozoa) or oligospermia (semen with few spermatozoa) a. Marriage is a license of the husband to have sexual intercourse with his wife. but merely separation in bed. reaction probably depends on the presence of spermatic secretion c. Puramen Reaction: based on the presence of spermine in the prostatic fluid. introduction of matured male sex organ into vagina of young girl may produce injury sufficient to produce death. Microscopic Examinations -presence of complete spermatozoon will undoubtedly infer presence of seminal fluid. Dr. differing views (2 or 3 days at most. Florence Test: produced by the action of iodine on choline. not a proof of seminal fluid but only of the presence of some vegetable or animal substance. Purpose of marriage is procreation and there can be no procreation if there is no sexual intercourse. 17 days. 48 hrs after intercourse) Can a woman be raped while she is on her natural sleep? Occasionally it may happen. Berberio's Test: some allege this test is specific for spermatic fluid. Allow the liquid portion to dry on the side. BUT. shock. .FROGLETS NOTES 2. but highly improbable. husband may be guilty of rape on wife. Hankin's Method b. if there is a decree of legal separation by the court. However. Biological Examinations a. Normal virgin: hard to conceive such could be committed. Micro-chemical Examinations -moisten portion of stained fabric with diluted hydrochloric acid solution and let soaking stay for 1/2 to 5 hrs depending on age of stain. Acid Phosphate Test: semen produces a very high phosphate activity as compared with other body fluids the ff are needed: 1. no. WOMAN CAN COMMIT CRIME OF RAPE ON A MAN. Can husband commit the crime of rape on his wife? NO. Precipitin Test (Biological test of Farnum) -to determine whether semen is of human origin or not 72 By 4D2014-2015 Summary of Legal Medicine Book by Solis -test of unknown semen in the same way as blood precipitin is done b. under present laws. Gaguli's Method: best way to stain spermatozoa in India 4. diazonium salt 3. negative result: totally exclude alleged accused as possible owner of semen How long after sexual intercourse can spermatozoa be found in the vaginal canal? Short period of time in vagina but in uterus. although semen may be present without spermatozoa. Puramen reaction is found to be very reliable and rather characteristic of seminal fluid d. Seminal Grouping -test is of value for elimination -positive result does not definitely imply that the person is owner of sperm in question. Death may be due to hemorrhage brought about by laceration of vaginal canal. 43 hours. negative result: in all probability it is not that of the seminal fluid b. Legal separation does not dissolve the matrimonial tie between husband and wife. Laceration of vagina with accompanying hemorrhage can also occur even in adult women if man's sex organ is exceptionally big and sexual act was done roughly. positive result: merely presumptive evidence of small fluid. (See crim :p) Can rape cause death? Although not usual. more than 2 weeks. The husband may also be guilty of rape on his wife if he is a principal by cooperation or by inducement for the act committed by another man. citrate buffer solution 2. subsequent infection such as gangrene or peritonitis. suitable substrate 3.

shall be punished by arresto mayor. priests. offended party must be a virgin b. is entrusted with the education or custody of the woman seduced 73 By 4D2014-2015 B. woman seduced need not be a virgin or may be more than eighteen years of age and the penalty is higher basis: father and brother obliged to lead the descendant or sister to the path of rectitude and morality. and then fails or refuses to fulfill his promise. Father seducing daughter or other descendants. SEDUCTION a. but instead virtually persuader her to become immoral or be a party to the condemnable act The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant. The offended party is over 12 but less than 18 years of age. — The seduction of a woman who is single or a widow of good reputation. 2. destroyed the chastity of an unmarried female of previous chaste character.The seduction of a virgin over twelve years and under eighteen years of age. and who draws her aside from the path of virtue and rectitude. Ascendant who seduces his descendant A. There must be sexual intercourse done by the offender with her. Brother who seduces his sister b. and 4. the sexual act was done through abuse of authority or confidence (1) those who acted with abuse of authority (a) Person in public authority (b) Guardian (c) Teahcher . over twelve but under eighteen years of age.need not be teacher. Iman) . QUALIFIED SEDUCTION -seduction where there is blood relationship between the seducer and the seduced. Art. Ordinary Qualified Seduction a. Incestuous Qualified Seduction - A. domestic. and d. SIMPLE SEDUCTION: Art. -In this type of seduction. Revised Penal Code . 337. Under the provisions of this Chapter. The sexual act must be committed by means of deceit. but same school (d) Person who. seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described therein. teacher or any person who. or brother seducing sister. Elements: 1. committed by any person in public authority. in any capacity. house servant.  The statute making simple seduction a crime is not to punish illicit intercourse.FROGLETS NOTES OTHER CRIMES AGAINST CHASTITY Summary of Legal Medicine Book by Solis 2. shall be punished by prision correcional in its minimum and medium periods. (People v. but to punish the seducer who by means of his promise of marriage. Simple seduction. 338. guardian. 3. The offended party must be single or a widow of good reputation. Types of Qualified Seduction 1. committed by means of deceit. shall be entrusted with the education or custody of the woman seduced. whether or not she be a virgin or over eighteen years of age. there must be sexual intercourse between the offender and the offended party. offendede party must be over twelve years and under eighteen years of age c. in any capacity.

single. Acts of lasciviousness with the consent of the offended party. FORCIBLE ABDUCTION: Art. Elements: C. A.  Physical injuries may be suffered by the victim on the part of the body where the lascivious act was committed. the question of paternity may be necessary. A. under any of the circumstances mentioned in the preceding article. conduct which is wanton. 2. 342.  Medical proofs on account of the application of force. Summary of Legal Medicine Book by Solis Art. The lascivious act is done under any of the following circumstances: a. confidence.FROGLETS NOTES Medical Evidences in the Crime of Seduction  Medico-legal investigation of a victim of seduction is practically the same as in the case of rape. b. The offended woman must be over 12 but under 18 years of age. The offender commits any acts of lasciviousness. lewd. if the female abducted be under twelve years of age. The offender commits acts of lasciviousness. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENED PARTY: 74 By 4D2014-2015 Lewd design is the intent of the abductor to have sexual intercourse with the woman abducted. and conditions that will cause the victim to be deprived of her reason or otherwise unconscious are no longer relevant. ACTS OF LASCIVIOUSNESS  Like in the crimes of rape and seduction. 3. The same penalty shall be imposed in every case. 339. The offended party must be a person of either sex. Elements: . or widow of good reputation. By depriving her of her reasons or otherwise unconscious. The victim must be a woman. The offender commits the act by abuse of authority. Medical Evidences in the Crime of Acts of Lasciviousness B. shall be punished by prision correccional. 3. When the woman is under 12 years of age. medico-legal investigation is involved in proving the lascivious act itself and the other elements to constitute the crime. 2. virgin. Forcible abduction. Abduction is the carrying away of a woman by an abductor with lewd design. — The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal. 336. — Any person who shall commit any act of lasciviousness upon other persons of either sex. except when the victim is the sister or descendant of the offender. ABDUCTION 1. except when she is the sister or descendant of the offender where virginity is not required. 4. c. B. voluptuous or lewd emotion.   When the issue of age of the victim becomes a problem and its determination may be proved through medical proofs When the alleged criminal act developed into pregnancy and birth of the child. Acts of lasciviousness. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. Elements: 1. ACTS OF LASCIVIOUSNESS: Art. By using force or intimidation. relationship or deceit. Acts of Lasciviousness are acts which tend to excite lust.

334. The carrying away of the offended party is with her consent. Concubinage. for money or profit. 3. or shall have sexual intercourse. or shall cohabit with her in any other place. shall be punished by prision correccional in its minimum and medium periods. b) Street walker 2. If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse. The woman is married. with a woman not his wife. Reasons why some women become prostitutes:     Physiological and psychological traits. The offended party must be a virgin. B. CONCUBINAGE: 2. under scandalous circumstances. Economic factors. and 3. The victim abducted is a woman. Prostitutes are women who. The man with whom she had sexual intercourse knows her to be married even if the marriage has subsequently been declared void. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married. Cohabiting with her in any other place. Call girl. Adultery shall be punished by prision correccional in its medium and maximum periods. Consented abduction. The offended party must be over 12 but under 18 years old. The abduction is with lewd design. Door knocker. ADULTERY AND CONCUBINAGE A. 3. PROSTITUTION 3. 343. Having sexual intercourse. shall be punished by the penalty of prision correccional in its minimum and medium periods.FROGLETS NOTES Summary of Legal Medicine Book by Solis 1. Art. habitually indulge in sexual intercourse or lascivious conduct. 2. — Any husband who shall keep a mistress in the conjugal dwelling. CONSENTED ABDUCTION: Art. 75 By 4D2014-2015 scandalous 3. — The abduction of a virgin over twelve years and under eighteen years of age. ADULTERY: Art. Influence of contraceptives Medico-legal Aspects of Prostitution   Prostitution is one of the venues in spreading venereal and other diseases Evidences may be gathered to prove sexual or lascivious acts Types of Prostitutes: 1. with a woman who is not his wife. 333. even if the marriage be subsequently declared void. carried out with her consent and with lewd designs. 2. The taking away must be with lewd design. the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. The abduction is against her will. Factory Girl Effects of Prostitution . 4. B. Hustler: Elements: a) Bar or tavern ―pick-up: 1. Elements: 2. and 4. or 1. Who are guilty of adultery. She has had sexual intercourse with a man not her husband. Keeping a mistress in the conjugal dwelling. Ways of Committing the Crime: 1. Home and neighborhood. under circumstances. D.

Most of those persons suffering from the conditions do not exhibit criminal intent but manifesting aberrations which may be a subject-matter for the psychiatrist to treat. daughter. — The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: 1. By soliciting or making immoral or indecent advances to the wife. or with respect to which he is required to submit a report to or consult with 76 By 4D2014-2015 2. 200. Legalized but regulated. Grave scandal. 201. 2. Immoral doctrines. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision. 3. he shall also suffer the penalty of temporary absolute disqualification. White Slave Trade: Art. or consult with a superior officer. — Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another. (As amended by Batas Pambansa Blg.Genital examination required is the same as in any other sexual offense OTHER PERSONS INVOLVED IN THE BUSINESS OF PROSTITUTION ARE PUNISHED BY THE FOLLOWING PROVISIONS OF THE RPC: A. and if the culprit is a pubic officer or employee. Strict prohibition 1. B.FROGLETS NOTES        Arrest and imprisonment. Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. By soliciting or making immoral or indecent advances to a woman under the offender’s custody. shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg.) C. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. or Ways of Committing Abuse of Chastity: 2. 92). UNNATURAL SEXUAL OFFENSES AND SEXUAL ABNORMALITIES Unnatural Sexual Offenses are not only a deviation to the normal course of nature but also commonly observed manifestations of sexual perversion. By soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision or with respect to which he is required to submit a report to. 340. 186. 245. Abuses against chastity. obscene publications and . 341. Medical Evidence in Prostitution. Provisions of the Penal Code which may be Applicable to Unnatural Sexual Offenses: 1. or under any pretext. Immoral doctrines. shall be punished by prision mayor. — The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who. Abuse Against Chastity: Art. 1. Corruption of minors. 2. Corruption of Minors: Art. Penalties. Venereal infection. Demoralization and physical deterioration Summary of Legal Medicine Book by Solis a superior officer. obscene publications and exhibitions: Art. Poor personal hygiene. including those in government-owned or controlled corporations. sister of relative within the same degree by affinity of any person in the custody of such warden or officer. Excessive use of alcohol. Irregular habit of eating and sleeping. White slave trade. Methods of Control: If the person solicited be the wife. in any manner. Social ostracism. daughter or relatives with the same degree by affinity of any person in custody of the offending warden or officer. Grave Scandal: Art.

give away or exhibit films. morals. decrees and edicts. published with their knowledge in any form. 960 and 969).persons who re conscious o their homosexual cravings. Any idle or dissolute person who ledges in houses of ill fame.a form of sexual perversion wherein a person has the 2. scenes. Light coercions. sculpture or literature which are offensive to morals.may attempt either oral. Unjust vexation or any other coercion: Art. lust or pornography. shall include those which (1) glorify criminals or condone crimes. — xxx xxx xxx xxx xxx xxx xxx xxx Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos. Any person who. (3) Those who shall sell. 3. fairs. — The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos. public order. the editors publishing such literature. whether live or in film. acts or shows. 
 Summary of Legal Medicine Book by Solis 4. and who make no attempts to disguise their intention. shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support. 202. engravings. a) Overt. 287. which are prescribed by virtue hereof. Homosexual. a. 
 77 By 4D2014-2015 compulsive desire to have sexual intercourse with a child of either sex. exhibit. — The following are vagrants: 3. 3. cinematographs or any other place. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. Heterosexual. established policies. SEXUAL ABNORMALITIES As to the Choice of Sexual Partner: 1. a) Pedophilia. and the owners/operators of the establishment selling the same. Homosexual pedophile. . or both such imprisonment and fine.sexual desire towards opposite sex.FROGLETS NOTES exhibitions and indecent shows. indecent or immoral plays. and good customs. 2.persons who may or may not be aware of the tendency in that direction but are inclined to repress the urge to give way to their homosexual yearning. 1. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling.may attempt intercourse with his b. penalty. (4) tend to abet traffic in and use of prohibited drugs. 
 5. vaginal. A Pedophile may be: either oral or anal victim. (2) (a) the authors of obscene literature. ruffians or pimps and those who habitually associate with prostitutes. prints. (2) serve no other purpose but to satisfy the market for violence. Vagrants and prostitutes. 4. anal. (As amended by PD Nos. Any person having no apparent means of subsistence. or both. lawful orders. Art. Heterosexual pedophile.sexual desire towards an immature person. Infantosexual. (3) offend any race or religion. Prostitutes. Vagrants and Prostitutes: b) Latent. and (5) are contrary to law. 
 (b) Those who. in theaters.sexual desire towards same sex. not being included in the provisions of other articles of this Code.

d. drug or alcohol. Oralism.FROGLETS NOTES intracrural intercourse as well as cunnilingus. child pornography and the misattribution of arousal as being only from children. d. As to Instinctual Strength of Sexual Urge: 1. which may also be considered as ―masturbation equivalent‖. compulsively to repeat child-adult sex contact to master. unavailability of or conflict with a committed partner.the release of sexual tension may come about via the mechanism of nocturnal stimulation with or without emission.alternative sexual gratification may become blocked due to poor social skills with adults of the opposite sex.sexual relations between persons who. unresolved oedipal conflicts. Autosexual (Self-gratification or maturbation).sexual controls may become disinhibited due to senility.the person deliberately resorts to some mechanical means of producing sexual excitement with or without orgasm. impulse disorders. Gerontophilia.The female agent receives the penis of a man into her mouth and by friction with the lips and tongue coupled with the act of sucking initiates orgasm. a general cultural acceptance.painful sexual act in women. immaturity. b. Emotional congruence. Dyspareunia. Blockage. and Unconscious impulse. elderly. Adults have low self-esteem. Sexual anesthesia.excessive desire of men to intercourse. Over Sex: a. Satyriasis. Bestosexual. Summary of Legal Medicine Book by Solis 6. 5.painful spasm of the vagina during sexual act. Sado-masochism (Algolagnia). b. Nymphomania. 8.a sexual perversion characterized by erotic desire or actual sexual intercourse with a corpse. c.strong sexual desire of women 2. Fellatio (Irrumation). by reason of blood relationship cannot legally marry. socialization to male dominance or narcissism. anxiety about sex. Conscious Type. Vaginisimus. positive or negative. Types of Masturbation: a. 78 By 4D2014-2015 Sexual Abnormalities . situational stress. Necrophilia. 2. 4. b.sexual desire towards animals. Under Sex (Sexual frigidity): b. Unconscious Type.absence of sexual desire or arousal during sexual act in women. Theories Why Adults become Interested in Children: a. Incest. Anilism (anilingus). Old age. failure of incest avoidance.weakening of sexual feeling in the As to Mode of Sexual Expression or Way of Sexual Satisfaction: 1. and his or her own early experience of child-adult sexual abuse. but attempts at vaginal penetration are most common. Conditioning Modeling. Disinhibition. mental retardation.Children are sexually attractive to adult:    Children are non-dominant. and is conditioned by hormonal abnormalities. dementia. psychosis.sexual desire with elder person.the use of the mouth as a way of sexual gratification. Cunnilingus.sexual gratification is attained by licking or sucking the external female genitalia a.behavioral modeling begins with the early childhood experience. a. c.a form of sexual perversion wherein a person derives excitement by licking the anus of another person of either sex. 7.it is a form of ―self-abuse‖ or ―solitary vice‖ carried without the cooperation of another person.pain or cruel act as a factor for gratification. b. as well as repressive social sexual norms. c.

by friction with the lips and tongue.FROGLETS NOTES Summary of Legal Medicine Book by Solis As to Instinctual Strength of Sexual Urge: 1. may or may not violate dead person d. fondling with breast. Dyspaureunia – painful sexual act in women c. etc. ―hot‖ or ―fighter‖  Both are general expressions of compulsive neurosis. Necrophilic – near a dead body. Sexual anesthesia – absence of sexual arousal during intercourse in women b. Love bites – superficial punctuate contusions seen usually at the side of the neck. breasts. there is desire. other body parts caused by forcible sucking of the mouth (teeth guarded by the lips) applied to the loose tissue 79 By 4D2014-2015 Necrosadism (Lust murder) – victim dies. cutting clothes or hair) j. Mysophilia – filth or excretion e. deviate has a strong homicidal urge. etc. Under-sex or Sexual Frigidity: a. epileptic or a psychopath Masochism (Passive algolagnia) – pain or humiliation from opposite sex is the primary factor for sexual gratification Fetishism – real or fantasied presence of an object or bodily part is necessary for sexual stimulation and/or gratification a. Vampirism – sight of blood As to the Part of the Body: 1. breast. usually. Flaegellation – act of whipping or being whipped b. Frottage – compulsive desire of a person to rub his sex organ against some body parts of another (ex. a schizo. differs . initiates orgasm b. form of sexual perversion 2. c. c. rubbing or pressing organs against women’s buttocks in crowded places and pretends it is ―accidental‖) Partialism – special affinity to certain part of the female body. 4. Narcissism – extreme admiration and love of one’s self. accompanied by odd behaviour like exhibitionism. but with presumed unconscious wish to consume ii. handkerchiefs. Cannibalism – biting without flesheating. Clothing – shoes. Sadism (Active algolagnia) – infliction of pain on another is necessary or sometimes the sole factor in sexual enjoyment i. Fellation (Irrumation) – female receives the penis into her mouth. 3. Coprolognia – sight of women defecating iii. Anatomic – particular portions of the body (ex. looking at the mirror and appreciating oneself h. licking parts of the body. 2. Negative fetish – marked dislike for things i. incest. 2. homosexuality As to Mode of Sexual Expression or Way of Sexual Satisfaction: 1.  Over Sex: a. Sado-masochism (Algolagnia) – pain or cruel act a. Cunnilungus – licking and sucking the external female genitalia c. Urolagnia – sight of women urinating. buttocks) b. Old age – weakening of sexual feeling in the elderly. Odor (Ospresiophilia) – pleasant or foul odor i. Manikinism – manikins g. Anilism (Anilingus) – licking the anus of another. 3. Sodomy – sexual act through anus Uranism – fingering. Pygmalionism – statues f. even a desire to drink the urine ii. intercourse is merely secondary to satisfy the sexual desire. Satyriasis – excessive sexual desire of men to intercourse b. Oralism – use of mouth a. Saboteur fetish – deviate does damage while he gets satisfaction (ex. sometimes. Vaginismus – painful spasm of the vagina during intercourse d. Incendiarism – from setting fire k. but accomplishment is difficult. undergarments. Nymphomania – strong sexual feeling of women. suffering from organic brain disease. coupled with the act of sucking.

Coprolalia – need to use obscene language to obtain gratification. cannot find anyone to be a permanent companion Indecent exposure (Exhibitionism) – wilful exposure in a public place of one’s genital organ in the presence of others. generally harmless insofar as they have no desire to assault anyone. coitus. hate their genitalia that sometimes they attempt to castrate or mutilate themselves. Male pseudohermaphrodite – gonads are testicles but the character is effeminate ii. Psychical hermaphroditism. within her body. take sex hormones or subject themselves to surgery Intersexuality – genetic defect wherein an individual shows intermingling of the characteristics of both sexes including physical form. True hermaphroditism – bisexuality. ―eternal triangle‖ Pluralism – group of persons participate in sexual orgies. go beyond uttering by making some writings and sketches on the walls of toilets Don Juanism – applied by psychiatrists to describe characteristics of promiscuity and making seduction of many women as part of his career. Aparici (G. masturbates in excess afterwards. Sexual Reversal: 80 By 4D2014-2015 Summary of Legal Medicine Book by Solis Transvestism (Sexo-esthetic inversion. sometimes. 13375): Dancer in a burlesque show in a night club was apprehended and charged for immoral exhibition because her act of dancing only wearing nylon panties and patches on her breasts corrupted those minds which were susceptible to immoral influence. reproductive organs. with or without masturbatory act. Gonadal dysgenesis – external sexual structures are present but at puberty fail to develop i. having both ovaries and testicles. Voyeurism – compulsion to peep to see persons undress or perform other personal activities and usually. but the nuclear sexing is female (Chromatin positive). 3. 3. sexual behaviour a.R. XXY chromosomes ii. women may expose themselves as in ―bubble and fan‖ dances and the ―strip tease‖ acts in night clubs  People v. As to Visual Stimulus: 1. ―Peeping Tom‖ Mixoscopia (Scoptophilia) – watching a couple undress or during their sex intimacies 2. sex character may be neutral or whichever is dominant d. sterility with the absence of the second X chromosomes c. two or more couples perform intercourse in one room and may agree to exchange for ―variety’s sake‖ during the ―sexual festival‖ Other Sexual Deviates: 1. Troilism (Menage a trois) – three persons are participating in sexual orgies where the usual activity may be fellatio. the growing product of conception or a fecundated germ . usually of the opposite sex.FROGLETS NOTES from frottage in that there may not only be rubbing but actual intercourse 1. kissing the buttock. Metamorphosis sexualis paranoia) – male derives pleasure from wearing female apparel and vice versa. determined very early in fetal life b. 2. Female pseudohermaphrodite – gonads are ovaries but the character is masculine CHAPTER XXII PREGNANCY Introduction Definition: state of a woman who has. 2. Pseudohermaphrodite – anatomically of one sex but the sex character is that of the opposite sex i. Turner’s syndrome – structurally and phenotypically female but the ovaries are small. nuclear sex is usually female. Gonadal agenesis – testes or ovaries have never developed. Klenefetter’s syndrome – male type where the anatomical structure is male. ―suixante-neuf‖ or 69. As to Number: (sexual deviation because more than two persons are participating) 1. 2. but merely to attract attention Transexualism – identify themselves with the opposite sex as completely as possible and to discard forever their anatomical sex.

no pregnancy. NCC) A conceived child may exercise civil rights. divorced. Date of the quickening – count ahead in 24 weeks multigravidas and 22 weeks in primagravidas from date of quickening. 2. (Art. Jacquemin-Chadwick’s Sign – pale violet discoloration of the anterior wall of the vagina b. Determination of the level of the fundus of the uterus 5. NCC) 81 By 4D2014-2015 Summary of Legal Medicine Book by Solis Instances Why Some Women Claim Pregnancy Even if None Exists: 1. Pregnancy is a ground for the suspension of the execution of the death sentence in a woman. 3. 2. Cessation of menstruation – it must be noted that a woman is capable of menstruating even during pregnancy during the first three months. it is hard to ascertain the exact date of the fertilization. NCC) Concealment of the woman that she is pregnant at the time of the marriage is a ground for annulment of the marriage. 2. 83.5 gives the age in month gestation 6. Count forward nine calendar months from the date of the first day of the last menstruation and add one week. Hegar’s Sign – bi-manual examination of the gravid uterus shows extreme softening of the cervix c. Changes in the breast 4. Progressive enlargement of the abdomen – at the end of the third month.FROGLETS NOTES Commencement: from time egg cell is fertilized and terminates at the time such product is expelled or delivered Duration: 270-280 days from first day or onset of last menstruation. (Arts. 3. 3. 2. (Art. MacDonald Method – distance from the symphysis pubis up to the fundus of the uterus in centimters divided by 3. child born before this period may be born alive but is not viable or capable of living Methods of Estimating the Date of Expected Delivery: 1. RPC) A conceived child is capable of receiving donation. Presumptive or Probable Signs and Symptoms 1. 742. living separately from husbands. the fundus of the uterus is at the level of the brim of the pubic bone 5. 4. 5. Count forty weeks or ten lunar months from the date of the first day of the last menstruation. 4. 4. add seven days and count three months backward. Morning sickness 3. Ground for suspension of death sentence in a woman Lawful plea in mitigation when charged with theft – kleptomania may be brought about by her temporary insanity due to conception Ground for widow’s larger claim Claim for the posthumous child For black-mailing purposes or inducing a man to marry her Instances Why Some Women Deny the Existence of Pregnancy: 1. uterus is gravid . (Arts. 85-87. Goodell’s Sign – cervix of the uterus feels as hard as the tip of the nose. nursing mother may not menstruate 2. No ground to become pregnant – unmarried. but when as soft as the lips. to defend moral and social reputation Defense when accused of infanticide or abortion Marriage inducement Medical Evidences of Pregnancy: A. Changes in color of the vagina and softening of the cervix  Different Signs to Show Changing of Color: a. MacDonald’s Sign – softening of the isthmus. 3. found not to be reliable   Legal Importance: 1. 40-41. From the date of the first day of the last menstruation. inasmuch as some authorities consider more than two weeks as the life span of the spermatozoa in the vaginal canal. no synchrony between coitus and fertilization  Abnormally Prolonged Gestation – extends to 300 days Minimum Period of Gestation Compatible with Viability of Child – a child born at 180 days of gestation may live. fundus of the uterus is anteflex d.

6. Abnormality in pigmentation – especially in abdomen and perineum 12. Gravindex is merely a trade name Signs of Pregnancy in the Dead: (additional findings to the objective signs already mentioned) 1. No agglutination (homogeneous) – pregnant b. Vaginal examination showed previous laceration of cervix. 2. 82 By 4D2014-2015 d. Regeants: a. Diagnosis of Fetal Death (Proof of Fetal Death): . 4. Easy Fatigability – due to weight of the gravid uterus and insufficiency of nutrient and oxygen supply to the tissues due to a deviation of a portion to the growing fetus Summary of Legal Medicine Book by Solis 6. perceptible to the hand on the abdomen 9. Capricious appetite 11. - - Superfecundation is the fertilization made by separate intercourses of two ova which have escaped at the same act of ovulation. Spurious Pregnancy is an imaginary pregnancy usually observed among women nearing menopause or younger women who are very desirous of having children. Procedure: a. Outlining of the fetal parts – through palpation 3. Superfoetation is the fertilization of two ova which have escaped at different acts of ovulation. 6. Add 1 drop of PST antigen 2. X-ray Examination Laboratory Test for Pregnancy: A. Movement of the fetus (Quickening) – at the fifth month 4. Pregnancy Slide Test antiserum – human HCG antiserum from rabbit b. 5. Presence of Striae of pregnancy on the abdominal wall. Gravindex HCG Slide Test – same principle and procedure involved as PST. Interpretation of results: a. if result is doubtful. The patient may imagine fetal movement which is in reality a muscle contraction. Read the results after two minutes. c. Pregnancy Slide Test antigen – HCG latex suspension. Breast is lax with enlarged nipples. Perineum is lax with a scar if there was previous laceration. 5.FROGLETS NOTES Funic soufflé or Umbilical soufflé – whistling sound synchronous with the fetal heart 7. rate is 120-140 beats per minute 2. chemically-bound 3. 2. Vestige only of the hymen is present. Pregnancy Slide Test (PST) 1. b. Fourchette is markedly restracted. repeat test after a few days B. Ballottement – feeling perceptible to the fingers on giving sudden impulse to the child through the neck of the uterus. Braxton-Hick’s Sign – rhythmical contraction and relaxation of the uterus. 3. Presence of ovum or fetus Findings on the uterus itself Corpus Luteum – usually well-developed at the time of delivery Proofs of Pregnancy: 1. B. Carefully agitate the slide with a circular motion to ensure that the fluid revolves slowly within the circle. pregnancy will be diagnosed 12 days after the missed menstrual period Remarks – fresh morning urine is preferable and suitable. Principle – an agglutination-inhibition reaction is used to demonstrate the hormone human chorionic gonadotropin (HCG) which is excreted into the urine during pregnancy 2. Positive Signs and Symptoms of Pregnancy: 1. Bladder irritability or Frequent urination – usually at second month 10. 3. Hearing of the fetal heart sounds (Mayor’s Sign) – compared to ticking of a watch under a pillow. Place 1 drop of urine then 1 drop of PST antiserum 1 in one of the circles on the test slide and mix thoroughly. Laxity of abdominal wall. Agglutination (granular) – not pregnant Sensitivity – often possible within 5 days after missed menstrual period. Shake well and mix well. hand placed on abdomen 8. 4.

Presence of Linea Negra. Presence of lachial disahcrage. 7. CHAPTER XXIII DELIVERY - Delivery is the process by which a woman gives birth to her offspring. Incomplete Abortion – not all products of conception had been expelled from the uterus. and in slander or libel. That the fetus dies either as an effect of the violence used. 2. Endocrine test for pregnancy is negative on more than one occasion. menstruation begins at the age of 12-14 years old and ceases at the age of 45. Evidence of placenta. That the expulsion of the product of conception is induced. 2. Positive pregnancy slide test. Breasts cease to be enlarged and become soft and flabby. Death of the fetus 2. 2. As long as the woman starts menstruating. umbilical cord and newborn child. Abnormality of the uterus 3. Signs of Recent Delivery: 1. 83 By 4D2014-2015 Summary of Legal Medicine Book by Solis 10. 3. Vaginal canal is lax and with possible lacerations. 8. 5. with pulse and temperature slightly increased. Methods of Delivery: 1. Acute specific fever and high temperature Provisions of the RPC on Abortion: 1. that is through the vaginal canal. 5. albeit with respiratory aid. Aborifacent drugs 5. 5. CHAPTER XXIV ABORTION - Abortion is the expulsion of the contents of a gravid uterus anytime before full term while others consider it as the forcible expulsion of the product of conception anytime before the age of viability. 12. Peculiar odor which is present up to the 10th day of confinement. she has the potential of becoming pregnant. Inevitable Abortion – hemorrhage with dilatation if the internal os and the presence of rhythmical pain.FROGLETS NOTES 1. Causes of Abortion: 1. Missed Abortion – an ovum destroyed by hemorrhage into the choriospace usually before the 4th month of the pregnancy. Viability is at the point at which the fetus is potentially able to live outside of the mother’s womb. 3. Cessation of fetal movement after they have been felt. infanticide. Changes in the breast (sensation of tightness in breasts and milk may be expressed). Principal Elements of Abortion: 1. 13. concealment of birth. 11. 3. 2. . Languid look. The study of delivery is important because proof of delivery is necessary in judicial action on: legitimacy. 2. 6. fragments or portions of which is retained. Palpation of softened macerated fetal head with bones freely movable on each other and the scalp hanging over a loose sac. 6. Surgical Route – expulsion of the products of conception is not through normal openings of the female generative tract but through some artificial openings brought about by surgery. abortion. Laxity of the perineum with possible tear. Threatened Abortion – hemorrhage without dilatation of the internal os. Natural Route – expulsion of the products of conception through the normal passage. 4. Clinical Types of Abortion: 1. - The size remains stationary even after the lapse of a number of weeks or months. Absence of fetal heart sounds after repeated and prolonged examination. patulous and may be torn. Trauma whether direct or indirect 6. Cervix is the uterus is flabby. 4. 9. 4. drug administered or the fetus was expelled before the term of its viability. Complete Abortion – the whole product of conception is expelled. Linea Albicantes (Striae of Pregnancy) present in the abdominal wall. In the Philippines. Uterus is enlarged and palpable. That the woman is pregnant. Flaccidity of the abdominal wall. Intentional Abortion (Elements) a. Hormonal deficiency 7. Emotional condition 4.

c. Financial difficulty. The injury may be due to the introduction of instruments or the application of hot fluid or corrosive substances. Local violence may be applied by the pregnant woman herself. Spontaneous Abortion – occurs without any form of inducement or intervention. By General Violence – includes intentional violence. Therapeutic Abortion – abortion purposely done to preserve the life of the mother. By Surgical Intervention 5. by the physician. rectum. Induced abortion may be: a. By Local Violence – violence is applied in any portion of the generative organ. or either of them for the purpose of concealing her dishonor and with the consent of the woman herself. Preserve the life and health of the pregnant woman. (3) The parents of the woman. The physician induced or assisted in causing the abortion with the use of scientific knowledge. drug. Infection – Pathogenic organism may be introduced into the uterus and produce systemic symptoms. Criminal Abortion – done without therapeutic indication but with criminal intent is punishable by law. 3. Abortion is induced by: (1) The pregnant woman herself. 3. Abortion is intended to be committed. 2. c. 2. That the offender has the intention to abort the pregnant woman. 4. b. If death occurs. By the Use of Drugs 4. 2. The acts done by the physician or midwife was intended to cause abortion. Abortion practiced by a physician or midwife and dispensing abortive (Elements) a. b. the fetus dies or is expelled. Unintentional Abortion (Elements) a. Violence was applied on such pregnant woman without the intention of aborting her. intestine or blood vessels. (2) Other persons with the consent of the pregnant woman herself. How Abortion is Induced or Procured: 1. c. The woman aborted as a result of the violence. Terminate prematurely illegitimate pregnancy in order to conceal the dishonor of the woman. infection. This is usually resorted to when general violence and the use of drugs fails to give the desired result. The woman must be pregnant. Immediate Untoward Effects: a. d. b. Hemorrhage and Anemia – Adherent placental tissue. Embolism: (1) Air Embolism (2) Fat Embolism (3)Thrombo-Embolism (4) Bacterial Embolism d. . The woman is pregnant. To preserve body form. exerting strong physical efforts and other forms of strenuous and exhaustive exercises. 4. or drug was administered. Abortion practiced by the woman herself or by her parents (Elements) a. - Post-mortem Abortion is the expulsion of the product of conception after death of the pregnant 84 By 4D2014-2015 Summary of Legal Medicine Book by Solis woman brought about by the post-mortem contraction of the uterine muscles. Reasons why some people procure Abortion: 1. Shock – may be due to the laceration of the uterus or the adjacent organ like the bladder. midwife or the parents. presence of foreign bodies and atony of the uterus may cause hemorrhage for failure of the uterine muscles to contract. or acts of the offender. b. c. Modern Methods like Amniocentesis and Vacuum Suction Complications of Abortion 1. That violence was applied. b. or a person acts upon such pregnant woman.FROGLETS NOTES b. c. That the effect of such violence. signs of toxemia may be observed at autopsy. 3. Induced Abortion – this will not take place had it not been for some form of inducement or intervention. Kinds of Abortion: 1. The woman is pregnant. 2.

Examination of the instrument used for the presence of blood. 1) Condition of the breasts 2) Laxity of the abdominal wall 3) Paleness of integument 4) General body weakness 5) Presence of characteristic lochial discharge and odor 6) Palpability of the uterus and laceration of the cervix and perineum Examination of the expelled product of conception 1) Blood examination for maternity and paternity 2) Marks of instrumentation 3) Signs of physical violence 4) Proof of viability or nonviability of the fetus 5) Presence of abortives and other toxic materials in the fetal blood 6) Presence or absence of malformation 7) Completeness of the placenta 8) Other identifying marks Examination of the generative tract: 1) 85 Examine the external os for softness. placental tissue or fetal parts. hematoma. Medical Evidences of Abortion Medical Evidences of Abortion in the Living a. . Delayed Untoward Effects a. Vaginal Inhibition – Sudden dilatation of the cervix due to the introduction of some objects may cause sudden collapse due to reflex inhibition of the vagus nerve. 1. d. open wounds of whatever form on the body surface if induced by general violence. e. iodine solution are frequently used for vaginal douche and may cause systemic poisoning. Infection – The infection may originate from the vaginal canal or from the blood stream coming from a focus of infection in the body.FROGLETS NOTES e. Inquire as to the motive of the abortion and history of having ingested with abortives. corrosive sublimate. its consistency and location. d. tear and discharge. g. History – Note the state of health beforehand after abortion. Pelvic Adhesion – Infection and trauma may cause the uterus or vagina to become adherent to the surrounding organs or tissues. b. contusion. Perforation of the bladder or any of the neighboring organs b. Presence of external signs of violence in the form of contusions. f. abrasions. abrasions and other marks of instrumentation. 2. c. Summary of Legal Medicine Book by Solis By 4D2014-2015 Appearance of the external genitalia and vagina may show laceration. Poisoning – Lysol. injuries of whatever form or description may be seen therein 3) Note the size of the uterus. Sterility – Plugging of the fallopian tubes. 2) c. infection of the ovaries may cause sterility. Signs of previous pregnancy: f. Fistula Formation – Communication between the vagina or the uterus with the rectum or bladder may be an after effect of perforation due to instrumentation. If violence is applied locally in the generative tract.

Examination of uterine contents . 11.  In the performance of an abortion. Revised Penal Code o Abortifacent drugs and other irritants may be found inside the stomach upon chemical examination. No. presence of remnants of the placenta inside the uterine cavity. . in order to avoid an evil or injury.Remnant of the product of conception for the By 4D2014-2015 1) Paternity test 2) Test for pregnanc Examination of some untoward effects of abortion: (1) infection. 86 Like the stomach and its contents. Testimony of the physician who completed the abortion or of other persons who witnessed the criminal act Summary of Legal Medicine Book by Solis following: (1) infection (2) stage of pregnancy (3) other complication of abortion. g. organic condition or abnormality existing on the person of the woman and which under ordinary course of event will cause death. 4. Evidence of instrumentation  b. presence of perforation of the uterus. (2) that the injury feared be greater than that done to avoid it. Examination of stomach and its contents:  c.FROGLETS NOTES 2. the life of the mother and the life of the fetus. f. e. Therapeutic Abortion  An abortion which the law allows under some justifications Legal Justification to Therapeutic Abortion  Art. two lives are involved. provided that the following requisites are present: (1) that the evil sought to be avoided actually exists. Biological test Any person who. This will include the presence of punctured wounds in the placenta. liver. the following may be observed at autopsy: a. (3) that there be no other practical and less harmful means of preventing it. Medical evidence of abortion in the dead:  Aside from the evidences of abortion in the living which may be found in the dead. One life must be sacrificed to save the life of another in case of therapeutic abortion.  The evil sought to be avoided is the danger on the life of the mother if such pregnancy will be allowed to continue. other organs like the kidneys. namely. spleen must be subjected to a qualitative and quantitative examination for the presence of irritant poisons. Such evil may be infection. Laboratory test for pregnancy h. does an act which causes damage to another. Examination of the kidneys and other organs for irritants  d. toxemia or bacteremia (2) embolism (3) fistulae formation (4) pelvic adhesions.

87 By 4D2014-2015 Summary of Legal Medicine Book by Solis Reasons Why It Is Difficult to Prosecute Physicians Committing the Crime of Abortion 1. herself. 3.FROGLETS NOTES  In the evaluation as to whose life must be spared. 1957). The crime is performed clandestinely by an intelligent being who is fully aware of his criminal act. She. 2. a married woman with unstable character finding herself pregnant. previous eclampsia. 6. Abortion must be performed openly in a hospital to avoid suspicion that it was done for some cause other than to save the life of the mother. He may claim that there is medical justification to such abortion because the woman is suffering from a disease which might imperil her life if pregnancy will be allowed to progress to full term. 2. It is advisable to have the opinion of other competent physicians as to the justifiability of such therapeutic abortion. Blood condition as severe anemia. 32. 380 Wis. 4. The operation was carried on by a reputed gynecologist but unfortunately. Enlightened and expressed consent must be obtained from the woman herself if she has no impediment to give consent. In a case cited by Camp and Purchase (Practical Forensic Medicine. 7. Abortion in order to be justifiable must be performed to save the life or to preserve the health of the mother. It is advisable to have also the consent of the husband. State (48 N. The opinion of one might be influenced by prejudice and misjudgment. The physician whom she repeatedly made her threat during her unexpected visits referred her to a psychiatrist who recommended abortion. tuberculosis Pulmonary conditions as advanced tuberculosis. Hereditary conditions as insanity. A conceived child is not definitely sure of its independent existence while the mother has already manifested real life. 4. 2. pyelitis. the products of conception removed which may be utilized as corpus delcti in the crime is lost. The intention of the law applies only to cases where death of the mother might reasonably be anticipated from natural causes unless the product of conception is destroyed. But modern advancement of medical science has reduced the number of diseases which will endanger the life and health if pregnancy is allowed to progress to full term. Organic nervous conditions as psychosis. The physician has several medical reasons to justify his act. . The pregnant woman herself is in connivance with the physician and it is quite difficult to let her testify truthfully as to the actual happening. 5. 5. the patient died of gangrene of the uterus. is in pari delicto to the crime of criminal abortion. auricular fibrillations. In most cases. 8. exophthalmic goiter. The coroner did not recommend prosecution because the operation was done to save the life of the mother. paroxysmal tachycardia. repeated hemoptysis. Gynecological conditions as refractory chorea gravidarum.W. 3. Cardio-vascular conditions as congestive heart failure. 3. There is no hard and fast rule in medicine. threatened to commit suicide. A physician must exercise due diligence in considering a disease or a combination of diseases or conditions as grounds for the therapeutic abortion. Renal conditions as chronic nephritis. it is a common concept that the life of the mother must be preferred than that of the unborn child. Safeguards to be Observed by Physician in Performing Therapeutic Abortion: 1. p. inasmuch as abortion will affect marital relationship.) a woman who threatened to commit suicide unless she could be relieved of the child with which she was pregnant does not present such a necessity for the performance of the operation to save the life of the woman. Miscellaneous conditions as diabetes. 4. Grounds for Therapeutic Abortion: 1. The lawful abortion must be performed by a licensed physician or surgeon. Is the eminent danger of committing suicide on account of her existing pregnancy be a ground to induce therapeutic abortion to save the life of the woman?   Hatchard v. Abortion performed in a private clinic wherein there are no sufficient facilities to cope with emergency which may arise in the course of the operation may be a ground for malpractice.

Birth determines personality:  Art. Live-Birth – the child after birth exhibited clear signs of vitality and viability is not necessary. legitimate or legitimated by subsequent marriage. the presumption is every newborn child found dead was born dead. it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. or illegitimate. 40. septicemia) 4.FROGLETS NOTES 5. To have a child acquire a personality distinct as that of the mother. 255. 760. (1) if the donor. 2. after the donation has legitimate or legitimated or illegitimate children. Accidents in the delivery 6. Civil Code: For civil purposes. RPC – Infanticide: The penalty provided for parricide (reclusion perpetua to death) in article 246 and for murder (reclusion temporal in its maximum period to death) in article 248 shall be imposed upon any person who shall kill any child less than three days of age.  Art. Appearance of a child is a ground for the revocation of donation:  Art. General debilitating diseases (acute specific infection. 41. made by a person having no children or descendants. However. toxemia. Birth may be: 88 By 4D2014-2015 b. The burden of proof lies on those who declare otherwise. provided it be born later with the conditions specified in the following article. Immaturity 2. Violence. or extensive infarction. either deliberate or accidental at birth. kind of the cord. Local disease of the generative organ (syphilis. there must be proof of life after complete separation from the mother’s womb. even though they be posthumous. acute liver disease.Civil Code: Birth determines personality. Summary of Legal Medicine Book by Solis Still Birth – when the child has not breathed or has not shown any sign of life after being completely born. if the foetus had an intrauterine life of less than seven months. kidney disease. a. intraplacental hemorrhage. Medical society seems to have a lukewarm attitude in helping the state prosecute the abortionist. Civil Code: Every donation inter vivos. by the happening of any of these events. the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb.  CHAPTER XXV BIRTH Legal Importance of the Study of Birth 1. ablation placenta.  Proofs of Live Birth 1) Presence of Heart Action and Circulation 2) Movement of the Child and Crying 3) Presence of Respiration 4) Examination of the Stomach and Intestine 5) Changes in the Middle Ear (Wredin’s Test: The middle ear of the a child before birth is filled with gelatinous. but the conceived child shall be considered born for all purposes that are favorable to it. 3. Proof of live-birth must first be shown before death of the child by the prosecution in the case of infanticide:  Art.  In law. placenta previa 5. embryonic connective . Causes of Still Birth 1. may be revoked or reduced as provided in the next article. Congenital diseases or malformation 3.

how long did the child survive?   It is not possible to determine the exact length of time that the child has lived after birth.)) 6) Condition of the Skin 7) Marks of Violence 8) Changes in the Umbilical Cord 9) Condition of the Heart and Blood Vessels Proof of Live-Birth can be deduced in the following: 1) Well-developed signs of breathing 2) Presence of air or food in the stomach 3) Changes having taken place in the region of the umbilicus If Born Alive. There are color changes in the course of its absorption c. 2. 3. Weight – 3. but an approximate idea may be formed after consideration of the following points: 1) Changes in the skin 2) Presence of caput succedaneum 3) Changes in the umbilical cord 4) Changes in the circulation Signs of Maturity of the Child at Birth 1. Head covered with hair about 2 inches long Proof of Live-Birth can be deduced in the following: 1. covered with vernix caseosa which may be present up to 2 days b. Changes in the skin a. How Long Did the Child Survive?  It is not possible to determine the exact length of time the child has lived after birth. At birth – body of the child is bright-red in color. Length of the fetus – 50 centimeters 2. Face lost its wrinkles 6. The Caput lasts up to the 7th day .0 kilos 3. Well-developed sings of breathing Presence of air or food in the stomach Changes having taken place in the region of the umbilicus 89 By 4D2014-2015 If born alive. At a week’s time – normal color of the skin c. This disappears after the birth of the child. An approximate may be formed after consideration of the following points: 1. First 3 days after birth – exfoliation of the skin in the abdomen 2. Limbs and body plump 5.FROGLETS NOTES Summary of Legal Medicine Book by Solis tissue. Skin covered with vernix caseosa 7. Lanugo hair almost disappeared 4. Presence of Caput Succedaneum a. If present – the child was born with head presentation b.

3. Infanticide. 3. Lower end of femur may show center of ossification about 0. Mummification of the cord does not occur if the child is submerged in water after birth b. One or both testes are in the scrotum. After a few hours after birth. Head covered with haird about 2 inches long 8. is it considered infanticide? When a child was born less than 7 months of uterogestaton. the penalty shall be prision mayor. Nails project from the fingers. or other direct ascendants  penalty: parricide If killing done by any other person  penalty: murder If killing done by mother or maternal grandparents for the purpose of concealing her dishonor  lenient penalty Problems: 1.6 cm in diameter CHAPTER XXVI INFANTICIDE (NEONATICIDE) Infanticide . 2. Is the killing a case of infanticide? Can the crime of infanticide be committed on someone who is not yet a person as contemplated by law? Motives for committing infanticide 1. widowed. living separately from husband) Financial reason Desired number of children has already been attained (substitute for ineffective family planning) Congenital abnormality of the child Mental abnormality of the parent . 4. 2. Umbilical vein and ductus venosus obliterate – 4th and 5th day c. the chold was deliberately killed. Art. Changes in the Umbilical Cord a. a. the child had all the chances to live. grandparents. 4. 2.FROGLETS NOTES 3. 90 By 4D2014-2015 Summary of Legal Medicine Book by Solis If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor. Penalties    If killing done by parents. she shall suffer the penalty of prision correccional in its medium and maximum periods. 6. 5. or labia have close the vulva 10. A mummified cord may again be soft after continuous soaking in water Changes in the Circulation a. Foramen ovale closes on the 2nd or 3rd month Signs of maturity of the child at birth 1. To conceal dishonor (single. Infancy is the period in the life of a child from birth up to one year. 255. Ductus arteriosus – on the 3rd day d. estranged from husband. Umbilical artery begins to contract – about 10 hours after birth b. RPC. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. With modern neonatal management. 5. and if said crime be committed for the same purpose by the maternal grandparents or either of them. Length of the fetus – 50 cm Weight – 3 kg Lanugo hair almost disappeared Limbs and body plump Face lost its wrinkles Skin covered with vernix caseosa (waxy or cheese-like white substance found coating the skin of newborn human babies) 7.The killing of a child less than 3 days old. toe-nails reach only to the end 9. 4. Why is the crime of infanticide applied only to kiiling of less than 3-day old infant rather than within the 1st year of the life of the child? When the head and neck of the child are already out of the birth canal and the child has breathed through the lungs but the child is not yet capable of independent existence and it was deliberately put to death. 3.

That the child was born alive That the child was deliberately killed That the child killed was less than 3 days old Summary of Legal Medicine Book by Solis 2. 2. the minors must prove that they are legitimate children of the naturalized citizen. through which food is passed and digested) a. hard or sharp objects) b. 4. Belief that child will bring bad luck to the family a. A minor child of a naturalized or permanent resident alien may be given the right to land in the Philippines upon proof that he is a legitimate child of the latter. Complete examination of skin surfaces 91 By 4D2014-2015 CHAPTER XXVII PATERNITY AND FILIATION Paternity – civil status of the father with respect to the child begotten by him Filiation – civil status of the child in relation to its mother or father Legal importance of determining paternity and filiation 1. 2. Poisoning f. For succession a. 4. Suffocation c. Drowning (child disposed in a sewerage disposal in a creek) e. basin of cold water) Post-mortem findings in cases of infanticide 1. b. Criminological Characteristics of infanticide 1. Burning g. Ligature or pressure marks on the neck Examination of mouth and upper portion of the alimentary tract (the tubular passage extending from the mouth to the anus. no outcry Trauma applied is so minimal A newly born child found dead was born dead. Presence of marks of physical violence (fingernail marks at the neck) b. By omission or neglect a. Naturalized citizens give ipso facto Philippine citizenship to their minor children. 2. Abrasion c. Failure to take the necessary help of a midwife or a skilled physician d. no noise. Strangulatioin d. Inflicting physical injuries (use of kitchen utensils. 3. 3. 2. Contusion d. Burden of proof that a living child has been killed is placed on the prosecution What must be proven by evidence 1. child may bleed to death) b. Thus. 6. 5. Failure to protect the child from heat and cold (depriving the child of necessary clothing) c. the organs must be preserved and sent to a competent toxicologist for proper analysis Laceration or other injury of the upper portion of air passage Lungs may show signs of drowning Fracture of the bones. no witnesses. Failure to supply the child with proper food (child starved to death) e. Hematoma e. 5. Lacerated wounds f. Right of legitimate children is different from that of illegitimate childrem For enforcement of naturalization and immigration laws a. 3. Can show signs of poisoning In case of poisoning.FROGLETS NOTES 6. Delibreate exposure to heat cold (direct sunshine. laceration of the internal organs How Infanticide is committed 1. . Most often committed by the mother Almost always committed at home Crime scene: no manifest disturbance. Failure to ligate the umbilical cord (if not cut or not tightly ligated. Failure to remove the child from the mother’s discharge which resulted to suffocation By commission a.

fraud. in a proper case. Thanks. ii. intimidation. even though it be born within the three hundred days after the termination of the former marriage.) d. . the child could not have been that of the husband. A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage. The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. the book used provisions from the Civil Code re: Paternity and Filiation but I think we now use the Family Code for this so I will put here the relevant FC provisions instead. any of his heirs. the physical incapacity of the husband to have sexual intercourse with his wife. That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: 1. Summary of Legal Medicine Book by Solis legitimacy or may have been sentenced as an adulteress. should reside in the city or municipality where the birth took place or was recorded. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. except in the instance provided in the second paragraph of Article 164. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: i. or undue influence. the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. if the husband or. The instrument shall be recorded in the civil registry together with the birth certificate of the child. these rules shall govern in the absence of proof to the contrary: i. the written authorization or ratification of either parent was obtained through mistake.FROGLETS NOTES (Hello blockmates. 2. Within 1 year from the knowledge of the birth or its recording in the civil register. ii. The child shall be considered legitimate although the mother may have declared against its 92 By 4D2014-2015 e. That it is proved that for biological or other scientific reasons. which absolutely prevented sexual intercourse. in his default. whichever is earlier. iii. Legitimate Children a. If the husband should died before the expiration of the period fixed for bringing his action. A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. violence. or 3. the period shall be two years if they should reside in the Philippines. That in case of children conceived through artificial insemination. f. Who are considered legitimate children i. provided. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. b. If the husband or. c. Grounds to impugn legitimacy of a child: i. The action to impugn the legitimacy of the child shall be brought i. ii. Children conceived or born during the marriage of the parents ii. serious illness of the husband. or iii. and three years if abroad. g. If the birth of the child has been concealed from or was unknown to the husband or his heirs. Kinds of Children 1. provided it be born within three hundred days after the termination of the former marriage.

 The effects of legitimation shall retroact to the time of the child's birth. However. or one spouse adopts the illegitimate son/daughter of the other. except in the following cases: 1. That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: 1. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided. at the time of the conception of the former. ii. joint parental authority shall be exercised by the spouses. v. Who may be adopted . or 2.  Legitimation may be impugned only by those who are prejudiced in their rights. that the other spouse has signified his/her consent thereto. or is the spouse of the adoptee's parent. 3. or iii. that he/she has been living in the Philippines for at least three 93 By 4D2014-2015 b. and who is in a position to support and care for his/her children in keeping with the means of the family. Any Filipino citizen of legal age. has not been convicted of any crime involving moral turpitude. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. Further. in possession of full civil capacity and legal rights. or 2. The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. Husband and wife shall jointly adopt. one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. Children conceived and born outside of wedlock of parents who. Summary of Legal Medicine Book by Solis (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered. 2.  Legitimated children shall enjoy the same rights as legitimate children.  Legitimation shall take place by a subsequent valid marriage between parents. if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided. If the child was born after the death of the husband. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. were not disqualified by any impediment to marry each other may be legitimated. at least sixteen (16) years older than the adoptee. Legitimated Children a.FROGLETS NOTES ii. Who may adopt i. of good moral character. That his/her country has diplomatic relations with the Republic of the Philippines. iv. The annulment of a voidable marriage shall not affect the legitimation. If he should die after the filing of the complaint without having desisted therefrom. a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity.  The legitimation of children who died before the celebration of the marriage shall benefit their descendants. or 3. if the spouses are legally separated from each other. or 3. Any alien possessing the same qualifications as above stated for Filipino nationals: Provided. In case husband and wife jointly adopt. within five years from the time their cause of action accrues. one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. emotionally and psychologically capable of caring for children. Adopted Children a. or iii. if one spouse seeks to adopt the legitimate son/daughter of the other.

said person has been consistently considered and treated by the adopter(s) as his/her own child since minority. 345. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption.    The adulterer and the concubine may also be sentenced. Spurious Children:  Illegitimate children who are not natural. To acknowledge the offspring. Revised Penal Code: Persons guilty of rape. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy. Natural Children: a. 2. unless otherwise provided in this Code. Sacrilegious Children: -children born of parents who have been ordained in sacris (priest and nun). b. Illegitimate Children  Those who were born out of lawful wedlock or after a competent time after its dissolution. Natural Children (Proper): -those born outside wedlock of parents who. prior to the adoption. in the same proceeding or in a separate civil proceeding. Parental Likeness: -Heredity transmits traits and characteristics from parents to the offsprings. iii. Manceres: -children conceived by prostitutes. or vi. In every case to support the offspring. Civil Liability of Persons Guilty of Crimes Against Chastity:  Art. unless the law should prevent him from so doing. c. -There must be some gross manifestation of the children which may be in common with the father. In cases of multiple rape. d. seduction or abduction shall also be sentenced: 1. That no proceedings shall be initiated within six (6) months from the time of death of said parent(s). the offenders may not be required to recognize the offspring. were not disqualified by any impediment to marry each other (Art. 269. Medical Evidences 1. Natural Children by Legal Fiction: -those children born out of void marriages or those born of voidable marriages after the decree of annulment. at the time of the conception of the former. 3. b. A child whose adoption has been previously rescinded. the child born subsequently cannot be recognized and support cannot be demanded from the offender. Evidence of Paternity and Filiation A. 4. 2. Adulterous Children: . Illegitimate Children a. The legitimate son/daughter of one spouse by the other spouse. 94 By 4D2014-2015 Summary of Legal Medicine Book by Solis a. c. . Children conceived and born outside a valid marriage are illegitimate. v. 1. Incestuous Children: -children born by parents who are legally incapable of contracting valid marriage because of their blood relationship. If the woman abused is married.children conceived in an act of adultery or concubinage.FROGLETS NOTES i. iv. B. to indemnify for damages caused to the offended spouse. Natural Children by Presumption: -those natural children acknowledged by the father or the mother separately if the acknowledging parent was legally competent to contract marriage at the time of conception. ii. A person of legal age if. Civil Code). A child whose biological or adoptive parent(s) has died: Provided. To indemnify the offended woman.

etc. c. -fertility may be inferred from the presence of other pregnancies and the absence of organic abnormalities of the generative system. b. which may bring about his incapacity to perform sexual intercourse. -blood type of the child is not the possible product of the parents  conclusively show that the child is not that of the husband. Continuous possession of the status of a legitimate child (Art. 3. B. Any other evidences allowed by the Rules of Court and special laws (Art. Proof of Capacity to have Access with the Husband: -general physical examination of the woman is necessary to determine whether she is physically capable of having sexual intercourse with her husband. 267. Evidences from the Father: a. Non-medical Evidences 1. the presence of disease. 266. growth and . Civil Code). Civil Code). Civil Code). Proof of Access: -physician must determine the health and vigor of the father. Record of birth in the Civil Registrar. 3.FROGLETS NOTES 2. 95 By 4D2014-2015 Summary of Legal Medicine Book by Solis 4. CHAPTER XXVIII PATERNITY AND FILIATION ON NON-CONVENTIONAL METHODS OF PROCREATION  The standard method of reproduction is the introduction of the male sperm into the generative organ of a female through sexual intercourse followed by fertilization. -presence of disease. Evidences from the Mother: a. Blood Grouping Test: -blood type of the child is a possible product of the parents  not conclusively show that the child is born by such parents. 265. Proofs of Physical Potency and Fertility: -the woman may be manifesting some acquired or congenital defect wherein impotency may be inferred. 2. b. or by an authentic document or a final judgment (Art. may be factors that may bring about impotency or sterility. Proof of Physical Potency and Fertility: -medical examination must be done whether husband is capable of erection. Proofs of Previous Delivery: -supposed mother may be subjected to an examination to determine the presence of signs of previous childbirth and which are compatible with the age of the child. congenital or acquired abnormalities. -examination of spermatozoa in the seminal fluid is necessary to determine fertility.

2. 4. Physician should make certain by reasonable testing that the procedure is medically indicated for the couple.I. A.D. or A.H. 2. Polled Donor Semen) – Donor semen comes from the husband and a third party donor.D.I. An Rh blood incompatability is expected to cause an abnormal baby on situations where other techniques to overcome such incompatability are not applicable.I. The insemination procedure must be performed by the physician in accordance with the currently accepted techniques.D. Complete physical examination with standard test for syphilis and gonorrhea is obtained not more than 1 week before the seminal fluid is collected.B.I. the physician may be held liable. Physician should establish by proper evaluation that the couple is emotionally stable and psychologically suited for this type of parenthood.H. When the deposition of the husband’s semen within the vagina is by coitus. c. Physician must use freshly donated sperm or frozen semen. 6. Medical Indications for Artificial Insemination: 1. 2.: a.D. . reveal the fact of artificial insemination or the identity of the donor or of the couple to each other or to other persons. A. 3. (Artificial Insemination Homologous. When the infertility is due to poor motility. b. 2. For A. Artificial Insemination Heterologous) – Sperm comes from a donor other than the husband.  Obligations imposed on a physician in the selection of donors: 1.  If the child born becomes defective which can be traced from a physician’s negligence or carelessness in choosing the donor. 96 By 4D2014-2015 Summary of Legal Medicine Book by Solis Selection of Donor of Semen:  In A. (Artificial Insemination Donor. Absolute male sterility (Azoospermia). modern advancement of medicine modified the conventional method as a solution to some specific problems of reproduction. Husband is infertile and such condition is permanent.I.I. Artificial Insemination Classified According to the Source of Semen: 1. Hereditary disease in the husband making propagation inadvisable for eugenic reason. However.H. and Rh genotype of the wife. Proper screening must be made of the donor. Donor must have the racial characteristic and physical proportion as those of the husband and wife and the blood type must be compatible with A.  ―therapeutic insemination‖ – more suitable term for the procedure. or d. 4.O. Precautions to be Observed by the Physician in Performing Artificial Insemination: 1. Physician must ensure that the identity of the donor is not known to the parents and vice versa. under no circumstances except by court order.H. of semen with infertility of long duration. Physician must. (Artificial Insemination Husband Donor. the selection of the appropriate donor of semen resides in the physician. Artificial Insemination Husband) – Sperm comes from the husband. 3.. b. A. Oligospermia – Less than 10-15 million sperm per cc. Artificial Insemination  A medical procedure by which the semen is introduced into the vagina by means other than copulation for the purpose of procreation.D. 5. A.I.: a. Physician must use all reasonable precautions in selecting the donor. 3.FROGLETS NOTES  development of the conceptus and its subsequent delivery. For A. paucity or otherwise defective sperm cells or too small a volume of the ejaculant.

The oocytes are then fertilized by a sperm which has been held in vitro. The resulting conceptus.  Consent of husband is necessary to avoid the wife being charged with adultery  Consent and release of the donor should be obtained for the unrestricted use of the semen supplied  Donor should also certify in writing that he will make no effort to ascertain the identity of the couple involved. after it divides and grows for a few days until it reaches the blastocyst stage (stage at which the embryo normally enters the uterus). Implanted into the woman’s uterus.  Consent of wife is necessary to avoid being held liable for an assault. and each consent must be an ―informed consent.:  The consent and release for any future claim must be obtained by the physician from all parties in writing. The ovum removed from the wife is fertilized by the sperm coming from a third party (sperm donor) and is implanted into the wife’s uterus.   1. the oocytes are removed from the ovary by laparoscopy.I. In Vitro Fertilization  Also known as test tube baby. Full and valid consents and releases should be obtained in writing from all parties involved. 3. The ovum removed from a single woman is fertilized by the sperm taken from a male donor. 3. with consent of the husband – child is legitimate although the fertilization semen is not from the husband. which induces super-ovulation.D. – child is a legitimate child of the 2. 2. The ovum removed from the wife is fertilized by the husband’s sperm and the resulting zygote is implanted into the wife’s uterus. The removed oocytes are placed in a Petri dish or a test tube containing growth medium simulating the environment of the woman’s body.I. Possible Situations in In Vitro Fertilization: 1. consent of the wife must also be obtained B.D.I. is then inserted through the vagina and cervix into the uterus where it is implanted at a proper time in menstrual cycle. the blastocyst is implanted into the single woman’s uterus. In A. 6. 4. The ovum coming from a third party (ovum donor) is fertilized by the husband’s sperm and the blastocyst is implanted into wife’s uterus. Gestation (development of the embryo to a child) in an artificial womb. without consent or against the will of the husband – child is illegitimate Consent on A.D. After successful transplantation. In A. In A. The ovum removed from the wife is fertilized by the husband’s sperm and the blastocyst is implanted to a ―host‖ or surrogate.H.‖ Status of the Child Born by Artificial Insemination: husband. or 2. .  If the donor is married. Approximately 30 hours later. it is the fertilization of the egg cell by the sperm cell extracted from the respective donors placed in an artificial medium and after reaching a certain stage of cellular division and development: 1.FROGLETS NOTES 7. The ovum taken from the ovum donor is fertilized by the sperm coming from the sperm donor and the blastocyst is implanted into the wife’s uterus..I. the woman carried the blastocyst to term.. a surgical procedure accomplished by inserting two thin glass tubes into the ovary through a small incisiom in the abdomen. o Ectogenesis (extra corporeal gestation) – whenever the embryo is allowed to develop in an artificial womb Procedure of In Vitro Fertilization: 97 By 4D2014-2015     Summary of Legal Medicine Book by Solis Process begins with injections into the oocyte (ovum) donor of a hormone known as gonadotropin. 5.

In vitro fertilization has yet to evolve a clearly defined standard of care by which to determine whether the action of the physician is negligent. -Social Problem in In Vitro Fertilization:  The progress of science must be geared towards improvement in the quality of men and not towards retrogression or deterioration. The ovum coming from the ovum donor is fertilized by the sperm coming from the sperm donor and the blastocyst is implanted into the surrogate’s uterus. The ovum coming from the ovum donor is fertilized by the sperm coming from the husband and the blastocyst is placed into the surrogate’s uterus. Mechanical manipulation of the oocyte and embryo c. b. o Right to decide whether to bear or beget – The right of a person to determine whether to carry or not to carry a product of conception. 9. 1987 Constitution) From the term ―liberty‖ emanates the right of privacy The right of privacy means the right to be left alone. or property without due process of law. The plaintiff will find difficulty in proving negligence because birth defects are well known to occur in normal or natural pregnancies. III. The plaintiff is required to meet the difficult task of proving negligence. 8.‖ 98 By 4D2014-2015 Summary of Legal Medicine Book by Solis Problems in In Vitro Fertilization: 1. Mistake in the ―screening process‖ or selection of the best ovum for fertilization d. Basis of Legality of In Vitro Fertilization:     No person shall be deprived of life. Administration of hormone to the prospective source of ovum b. c.FROGLETS NOTES 7. (Art. Problem of surrogate mother: -Reasons why the services of a surrogate mother may be necessary: a. free from all restraints or interference of others. Prospective parents are normally briefed of the potential risks of the procedure before their consent is obtained. liberty. o Right of marital privacy – Prohibition of in vitro fertilization as a way to have children will mean government intrusion into the marital bedroom in search of evidence for violating the law. The probability that the child to be born will be defective. Other implication of the right of privacy which may be the basis of legality of in vitro fertilization: o Right of procreation – A ban on the use of in vitro fertilization would prevent an individual from using means to fulfill his or her procreative mission. It is the right of an individual to the possession and control of his own person. Sec. Necessity . -Some of the probable causes of the birth of a defective child: a. nor shall any person be denied the equal protection of the laws. to be or not to be a mother or to raise or not to raise a family. Defective donors (sperm or ovum) -A physician need not fear too much of the possible liability on account of a defective child because: a. It is the right of parents or guardians to establish their family life as they see fit. 2. d. 1. unless by clear and unquestionable authority of law. The ovum coming from the wife is fertilized artificially by the sperm coming from the sperm donor and the blastocyst is implanted into the surrogate’s uterus. o Right of self-determination – ―Every human being of adult age and of sound mind has the right to determine what shall be done on his own body.

Problem of the status of the child born by in vitro fertilization (please refer to possible situations in in vitro fertilization portion above) a. e. Situation 4. Can the couple enforce the contract in the event that the surrogate mother committed other breaches? f. Situation 5 – Child is illegitimate c. By legislation – The court is bound to enforce the legislation unless found to be unconstitutional. Is there a need to go through the procedure of adoption in order to legitimatize the child at birth? -Potential solution to the problems of surrogate mother: a. b.FROGLETS NOTES  Genetic mother is unable to carry the child to term because of disease or injury. Material consideration  If the surrogate mother merely receives all expenses incurred in carrying the fetus to term and then delivered: altruistic motive If payment is beyond the reasonable cost of pregnancy. d. -Motivation of a woman to become a surrogate mother: a. b. By contract – There must be a contract specifically mentioning the rights and duties of each party.  Couple is unable to adopt a child. d. Altruistic motive b. b. Adoption may be a legal remedy provided there is no impediment to the application of the procedure. Situation 1 – Child is legitimate b. Situation 2 and 3 – Child may still be legitimate if there is consent of the sterile party to the in vitro fertilization. Other Non-Conventional Methods of Procreation 1. Convenience  A woman may not want to interrupt her career during the gestational period. If the child was born with abnormality and the parents 99 By 4D2014-2015 Summary of Legal Medicine Book by Solis refused to take the child from the surrogate mother. 6. If the surrogate mother decided to abort the child contrary to the wish of the genetic parents. 7.  Genetic mother may believe either that she is too old to safely carry a child to term. (better solution) 3. otherwise a special legislation may be necessary. or that the child may be born with abnormalities. -Problems that may arise in the agreement in the use of surrogate mother for gestational purpose: a. . The parents may decide to abort the child because of the fear that abnormality may be present but the surrogate mother refuses to do so. it is tantamount to ―rental‖ for the use of the uterus. adoption may be done The status that the child may be a problem may change if the in vitro fertilization was done with the knowledge and consent or against the will of the sterile spouse. C. The surrogate mother may decide to keep the child after birth rather than surrender him to the genetic parents. c.  Genetic mother may possess deleterious genetic traits which may be passed on to the child. If child is not considered legitimate. 8 and 9 – Genetic parents are different from the gestational mother. Artificial Inovulation – The removal of an unfertilized egg from a woman and placing it on the reproductive tract of another woman.

Resulting offspring is genetically identical to the parent. Cloning – A type of sexual reproduction whereby the nucleus of a female egg is removed (enucleation) which contains the genetic material and replaced with the nucleus of a body (somatic) cell of the same or another woman (renucleation). Embryo Transplantation – The removal of a fertilized egg from a woman’s uterus to transfer to that of another woman’s uterus. 4. 100 By 4D2014-2015 Summary of Legal Medicine Book by Solis . 3. the resulting offspring is a female. Parthenogenesis (―Virgin Birth‖) – A type of sexual reproduction whereby the unfertilized egg with 23 chromosome compliment doubled its content to become a diploid cell that starts dividing as if it is a fertilized egg without the intervention of a male sperm cell.FROGLETS NOTES 2. The renucleated egg is then placed in a uterus for gestation and normal development.