E DISON

J OHN A. A RRIOLA , JD

 Branch of medicine

that deals with the

Application of medical knowledge
To the purposes of law and
In the administration of justice

 Knowledge of law in relation to the practice of

medicine

 Application of medical science to elucidate legal

problems

Men of Law and Justice

 Police
Taxation
Eminent Domain

 Constitution
Statute
Rules
Judicial decisions applying or interpreting the laws or

the Constitution form part of the legal system of the

Philippines (JURISPRUDENCE).

 Executive
Legislative
Judiciary
Once the Supreme Court has laid down a principle of

law or interpretation to a set of facts, such principle

or interpretation will apply to all future cases where
the facts are substantially the same (STARE DECISIS).
Which branch is the most powerful?
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Political, Civil, Social, and Economic

With great power comes great responsibility.

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 Ignorance of the law excuses no one from compliance

therewith.
Laws shall have no retroactive eect, unless the
contrary is provided.
There is no crime where there is no law punishing it.
Laws shall take eect only after their publication.

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 Rights may be waived, unless the waiver is contrary to

law, public order, public policy, morals or good

customs or prejudicial to a third person with a right
recognized by law.
Customs which are contrary to law, public order or
public policy shall not be countenanced.
Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary.

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Substantive & Adjective Law

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 CIVIL LAW determines and regulates the relation of

assistance, authority and obedience between and

among members of a family and society
CRIMINAL LAW denes crimes, treats of their nature
and provides for their punishment
SPECIAL LAWS statutes passed by Congress to cover
areas not covered by existing laws
Special Penal Law imposes imprisonment

ORDINANCES regulates acts within a local

government unit

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 Dangerous Drugs
Child Welfare
Child Abuse
Violence against Women and Children
Tracking in Persons
Sanitation
Insurance (HMO)
Labor /Employee Compensation

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Perspective

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PHYSICIAN

MEDICO-LEGAL

INJURY

Treatment

Cause

PATIENT
EXAMINATION

Diagnose

Testify

MINOR INJURIES

Ignored

Recorded

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 Means, sanctioned by the Rules of Court, of

ascertaining in judicial proceeding the truth

respecting a matter of fact

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 Real/Object/Autoptic
Documentary
Testimonial
Experimental

Remember the index card example.

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Only admitted evidence can be weighed.

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ADMISSIBILITY
Competent
Relevant

SUFFICIENCY
Proof beyond reasonable

doubt (criminal cases)

Preponderance of
evidence (civil cases)
Substantial Evidence
(administrative cases)

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 Establish Victim & Oender (Ground for Acquittal)

Settlement of Estate (Presumed Dead 7 years)
Necessary for Some Transactions
Encashing check
Entering premise
Delivery of parcels/mails
Contracts
Release of dead body to kin

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 Multiplicity of evidence in identication

Dierent points of identication (ngerprints, dental

comparison)
Visual recognition by kin
Act fast in cases of death (putrefaction destroys
external bodily marks)
Non-rigidity of rule in identication

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 Comparison or Exclusion
Ordinary or Scientic

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 Easily Changed

Not Easily Changed

Hair Growth

Mental Memory

Clothing

Speech

Frequented place

Gait

Grade of profession

Mannerism

Body ornamentations

Hands and feet

Complexion
Changes in the eye
Facies
Left- or right-handedness
Nutrition
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 Fingerprinting (Visible, Plastic, Latent)

Dental Identication (PD1575, Record of Dentition)
Handwriting (Bibliotics, Graphology)
Bone Identication
Sex Determination
Age Determination (Criminal liability, exercise of

rights, crime classication

Blood Identication
Hair & Fiber Identication

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 Civil personality extinguished

Succession
Partnership dissolved
Agency extinguished
Criminal liability extinguished
Non-surviving claims dismissed

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 Somatic/Clinical
Complete, persistent and continuous cessation of the

vital functions of the brain, heart and lungs

Molecular/Cellular
About 3-6 hours after cessation of the vital functions of

the body with death of individual cells

Apparent/Suspended Animation
Transient loss of consciousness or temporary cessation

of the vital functions of the body on account of disease,

external stimulus or other forms of inuence
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1.
2.
3.
4.
5.
6.
7.

Cessation of heart action & circulation (entire and

continuous)
Cessation of respiration (continuous and persistent)
Cooling of body (algor mortis)
Insensibility of body & loss of power to move
Skin changes (opacity, livid discoloration, contact
attening, no blister)
Eye changes (corneal clouding, loss of corneal reex,
eyeball accidity)
Action of heat on skin (dry blister with no redness
of surrounding skin)
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1.

Primary Flaccidity
Muscles relaxed and capable of contracting when

stimulated
Pupils dilated, sphincters relaxed, incontinence
2. Post-mortem Rigidity
Develops 3-6 hours after death
May last from 24 to 36 hours

3. Secondary Flaccidity
No longer capable of responding to mechanical or

electric stimulus
Reaction becomes alkaline

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1.

Natural
Did the person die of a natural death and were the

physical injuries inicted immediately after death?

Impossible Crimes

Was the victim suering from a natural disease and the

violence only accelerated the death?

Praeter Intentionem

Did the victim die of a natural cause independent of the

violence inicted?

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2. Violent
Accidental
Negligent
Infanticidal Death
Parricidal Death
Murder
Homicidal Death

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1.
2.
3.
4.
5.
6.

Homicide
Murder
Parricide
Infanticide
Abortion
Reckless Imprudence resulting in Homicide

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 Physical violence
Heat or cold
Electrical energy
Chemical energy
Radiation by radioactive substances
Change of atmospheric pressure (barotrauma)
Infection

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 Sum total of all reactions of tissue or organ to trauma

Macroscopic or microscopic
Presence dierentiates an ante-mortem from a post-

mortem injury

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 Rubor
Calor
Dolor
Loss of Function

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 Injury inicted during the agonal state since cells or

tissues no longer have the potential capacity to react

to trauma
Very sudden death, giving tissues no chance to react;
ie, sudden coronary occlusion

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1.
2.
3.
4.
5.
6.
7.

As to severity
As to kind of instrument used
As to manner of iniction
As to depth of wound
As to relation of site of application of force and
location of injury
As to regions or organs of the body involved
Special types of wounds

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 Hit
Thrust or stab
Gunpowder explosion
Sliding or rubbing or abrasion

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 Stab wound
Lacerated/Avulsed wound
Incised (Sliced/cut) wound
Hacking
Contusion (bruise)
Hematoma
Gunshot wound

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 Supercial
Deep
Penetrating
Perforating

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 Coup injury
Contre-coup injury
Coup contre-coup injury
Locus minoris resistencia
Extensive injury

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Ante-Mortem

Post-Mortem

Copious hemorrrhage,

Slight or none, venous

arterial
Spouting of blood
Clotted blood
Deep staining of tissue
edges, cant be washed o
Gaping skin edges
Inammation and
reparative processes

No spouting of blood
Soft or not clotted blood
Edges not deeply stained,

can be washed o
Edges do not gape
No inammation or
reparative processes

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Open
Abrasion
2. Laceration
3. Incision
4. Puncture
1.

Close
Petechiae
2. Contusion
3. Hematoma
1.

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 Defense wound
Patterned wound
Self-inicted wound

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 Mutilation
Serious physical injuries
Less serious physical injuries
Slight physical injuries
Physical injuries inicted in a tumultuous aray

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There is tumultuous aray

2. Participants suered from serious physical injuries
3. The persons who inicted such serious physical
injuries cannot be identied; and
4. All those who appear to have used violence upon
the person of the oended party shall be penalized
by arrest from ve to fteen days
1.

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