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 Forensic Medicine

Application of medicine to legal Application of medical science to
cases 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.

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 medico-
legal 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.

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 Ordinary Physician Medical Jurist
Sees an injury or disease on the point Sees injury or disease on the point of
of view of treatment view of cause
Purpose in examining a patient is to Purpose in examining a patient is to
arrive at a definite diagnosis so that include those bodily lesions in his
appropriate treatment can be report and testify before the court or
instituted before an investigative body
Minor or trivial injuries are usually Records all bodily injuries even if they
ignored inasmuch as they do not are small or minor because these
require usual treatment. injuries may be proofs to qualify the
crime or to justify the act.

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

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. Written or Statutory Law (Lex Scripta) composed of laws which are
produced by the countrys legislations and which are defined, codified and
incorporated by the law-making body. Ex. Philippine Laws.
B. 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.

2. FORENSIC- denotes anything belonging to the court of law or used in court or

legal proceedings or something fitted for legal or public argumentations.

3. 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.

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 It is the science and art of diagnosing, treating, curing and preventing disease,
relieving pain, and improving the health of a person.

4. 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.

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

In CRIMINAL LAW, legal medicine is applicable in the following provisions of the

Penal Code:
1. Circumstances affecting criminal liability;
2. Crimes against person;
3. 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);
2. Proceedings for hospitalization of an insane person (Rule 101); and
3. Rules on evidences (Part IV).

In SPECIAL LAWS:
1. Dangerous Drug Act (RA 6425, as amended)
2. Youth and Child Welfare Code (PD 603)
3. Insurance Law (Act No. 2427 as amended)
4. Code of Sanitation (PD 856)
5. Labor Code (PD 442)
6. Employees Compensation Law

MEDICAL EVIDENCE
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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.

I. 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. 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.

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.

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.

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. 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:

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 ORDINARY WITNESS EXPERT WITNESS
A physician who testifies in court
A physician on account of his training and
on matters perceived from hisexperience can give his opinion on a set of
patient in the course of medical facts. He can deduce or infer
physician-patient relationship.
something, determine the cause of death,
or render opinion pertinent to the issue and
(Sec. 20, Rule 130, Rules of medical nature.
Court)
(Sec. 48-49, Rule 130)
Exception: Privilege of
Communication between The probative value of the expert medical
physician and patient. testimony depends upon the degree of
learning and experience on the line of what
(Sec. 24 c, Rule 130) 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.

3. 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.
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.

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.

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

II. 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. Photographs, audio and/or video tape, micro-film, Photostat, Xerox,
voice tracing, etc.

2. Sketching- rough drawing of the scene or object to be preserve is done. It

must be simple, identifying significant items and with exact measurement.

Kinds of Sketch:
a) Rough Sketch- made at the crime scene or during examination of living
or dead body.
b) Finished Sketch- sketch prepared from the rough sketch for court
presentation.

Essential Elements to be Included in a Sketch:

a. Measurement must be accurate;
b. Compass direction must always be indicated to facilitate proper
orientation in the case of crime scene;
c. Essential item which has a bearing in the investigation must be
included;
d. Scale and proportion must be stated by mere estimation;
e. There must be a title and legend to tell what it is and the meaning of
certain marks indicated therein.

3. Description- putting into words the person or thing to be preserved. It must

cause a vivid impression on the mind of the reader, a true picture of the thing
described.

Minimum Standard Requirements which must be satisfied in the description of

the person or thing to make it complete:
a. Skin Lesion
b. Penetrating wound
c. Hymenal Laceration
d. Person
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4. Manikin Method- miniature model of a scene or of a human body indicating
marks of a various aspects of the things to be preserved.

5. 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, place and event may be
destroyed or modified by the length of time, age of the witness,
confusion with other evidence, trauma or disease, thereby making the
recollection not reliable;
The preservation is co-terminus with the life of the witness.
Human mind can easily be subjected to too many extraneous factors
that may cause distortion of the truth.

6. Special Methods- Special way of treating certain type of evidence may be

necessary. 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.

Special Ways of Preservation:

a. Whole human body- embalming.
b. Soft tissues (skin, muscles, visceral organs) 10% formalin solution.
c. Blood- refrigeration, sealed bottle container, addition of chemical
preservatives.
d. Stains (blood, semen) drying, placing in sealed container.
e. Poison- sealed container.

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