CHAPTER XXI

MEDICO-LEGAL ASPECTS OF SEX CRIMES

VIRGINITY AND DEFLORATION

Virginity- is a condition of a female who has not experienced sexual intercourse and whose genital organs
have not been altered by carnal connection.
A woman is a VIRTOUS FEMALE if her body is pure and if she has never had any sexual
intercourse with another, though her mind and heart is impure.

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.

KINDS OF VIRGINITY

Moral Virginity- the state of not knowing the nature of sexual life and not having experienced sexual
relation.
Physical Virginity- a condition where a woman is conscious of the nature of the sexual life but has not
experienced sexual intercourse.
True Physical Virginity- the hymen is intact.
False Physical Virginity- hymen is unruptured but the orifice is wide and elastic.
Demi-Virginity- condition of a woman who permits any form of sexual liberties as long as they abstain from
rupturing the hymen by sexual act.
Virgo Intacta- a truly virgin woman. There are no structural changes in her organ to infer previous sexual intercourse and
that she is a virtuous woman.

PARTS OF THE FEMALE BODY TO BE CONSIDERED IN THE DETERMINATION OF THE CONDITION OF VIRGINITY.

Breast
Viginal Canal
Labia Majora and Labia Minora
Fourchette (present a V-shape appearance as the two labia minora unite posteriorly.)
Hymen
As to the shape and size of the opening:
Annular or Circular- the opening is oval or circular located at the center of the hymen.
Infantile- the opening is small.
Semilunar or crescentric- the concavity may be facing either side or upwards or downwards.
Linear- the opening is slit-like and usually running vertically.
Cribiform- the hymen presents several openings instead of a single one.
Stellate- hymenal opening is like a star.
Septate- there are two openings separated by a bridge of hymenal tissue.
Fimbriated- the border of the opening shows small irregular protrusiontowards the opening.
Imperforate- no opening in the hymen.
As to structure and consistency:
Firm and with strong connective tissue and plenty of blood vessels.
Thick yielding hymen with scarce blood vessels.
Membranous hymen- hymen is parchment like, may be transparent and may be lacerate without pain
or
appreciable bleeding.
As to number of opening:
Single orifice
Septate- two openings
Multiple- several openings
Imperforate- no opening

Virginity is NOT synonymous with Chastity.

 A woman may resort to many forms of homosexual as well as heterosexual practices without losing
her virginity, yet she may be unchaste.

B. DEFLORATION

Defloration is the laceration or rupture of the hymen as a result of sexual intercourse.

Parts of the female genitalia that must be examined to determine defloration:

Condition of the Vulva

Fourchette
Viginal canal
Hymen- the fact that hymen is intact does not prove absence of previous sexual intercourse and the
presence of laceration does not mean defloration.
Other causes of hymenal laeration:
Passage of clotted blood during menstruation
Ulceration due to disease
Jumping or running
Falling on hard and sharp object
Medical instrumentation
Local medication
Self-scratching due to irritation
Masturbation
Insertion of foreign bodies
Previous operation

IN THE MEDICAL EXAMINATION OF THE HYMEN, THE FOLLOWING FACTS MUST BE INCLUDED;

General condition of the hymen

Original shape of the orifice (opening)
If lacerated, the following must be noted:
Degree of laceration (complete, incomplete or complicated laceration)
Location of laceration
Duration of laceration(fresh bleeding, fresh healing, healed with sharp coaptible borders without
congestion or healed laceration with rounded non-coaptible borders and retraction of the edges.)
Complications of laceration

PSYCHOLOGICAL CONSIDERATION

During sexual excitement

Local Changes the parasymphatetic innervations of the sex organ is from the 2nd , 3rd and 4th spinal sacral
segments, and the sympathetic innervations is from the 11th thoracic down to the 1st lumbar. Brrr brrr brrr
Sysmetic effects:
Increase of pulse rate
Marked increase in blood pressure making its peak during orgasm
An increase of peripheral flow of blood experienced as an increase of body warmth
Tumescence- consequence of this peripheral flow concentrating on erectile tissue
Increased respiration
A decrease in bleeding during arousal
A decrease of sensory perception
During Orgasm
In the male, 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 the female, during orgasm, there is contraction of the smooth muscles of the uterus and rhythmic contraction of the viginal
sphincter, the ischiocavernousus and the pelvic floor musculature. DEATH RELATED TO SEXUAL ACT

Death by male partner

 Death from natural cause- because of increased blood pressure, tachycardia and
hyperventilation due to emotional response and muscular exertion.
Death may be due to the defensive act of the woman-victim.
Death by female partner
The sexual intercourse might be done in a relatively confined space like the back of the seat of
a car.
In case of oral sex (fellatio) wherein the male penis is placed in the mouth of the female partner.
The Size and the length of the penis may cause total or partial block of the air passage, causing
asphyxia.
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.
Sadist who may not be sexually satisfied by sexual intercourse but by inflicting physical injuries
to the partner
.
In concealing the crime.
The female may die of shock as a result of the extreme trauma in case of rape.
Hemorrhage.
Infection
Death of BOTH partners
May be due to the performance of the sexual act in an enclosed place with carbon monoxide or
asphyxiant gas.
Homicide-suicide pact. 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.

Evidences of Force or Intimidation: or

-Mere initial reluctance of the offended party or verbal refusal alone will not prove force. Must be a
manifested and tenacious resistance
-Force, as an element in rape, need not be irresistible as long as it brings the desired result.

-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.

-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, on the arms and the fact that the garments worn at the
time were torn and heavily stained with blood.

Strong evidence of force is the presence of physical injures found on the person of the victim in the course of medical examination.
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.

Rape Committed by Employment of Intimidation

Application of threat will cause fear in the victim of the untoward consequence. If she will not accede to the will of the offender,
the crime may constitute intimidation.

-Intimidation purely subjective, cannot be proven by medical evidence.

Rape Committed by Depriving the Victim of Her Reason or Otherwise Made Unconscious

Deprival of Reason
a. Rape committed on insane or mentally deficient woman
-victim: woman,14 years of age, feeble-minded and can only speak mono syllables

-sexual intercourse with insane woman -BUT, sexual intercourse with a deaf-
mute 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. Rape committed while the woman is under the influence of alcohol or other depressant drugs

-in the absence of decided cases, also rape

c. Sexual act on a woman under the influence of sex stimulating drugs

-if did not deprive her of reason, not rape (US v. Lung), BUT local courts would
consider this as rape because actually deprived her of reason

The woman-victim is unconscious

Sexual act committed while the woman is on her natural sleep

Sexual act on a woman suffering from sleeping sickness - because woman is unconscious

c. Sexual act on a woman who is unconscious because she was knocked-out

-if offender inflicted physical injuries on a woman sufficient to make her unconscious before the sexual act
was done

d. Sexual act after administration of narcotics or other "knock out" drugs

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, BUT lack of medical examination of victim NOT an indispensable element in the prosecution of rape.
WON it will prosper depend upon the evidences offered.

-complaint for rape NOT valid unless it is a complaint by the offended party. Information not signed by the
offended party is insufficient to

confer jurisdiction on the court. Filing of complaint by father of a girl who is only 14 years old, sufficient compliance with
RPC.

Instances When Rape is Punishable by Death

When by reason or on the occasion of the rape, the victim becomes insane

When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof
When by reason or on the occasion of the rape, a homicide is committed

Medical Evidences in Rape

1. Evidences from the victim

-written consent from victim or guardian if not of age, 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. date, 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

-place: determine which court

can acquire jurisdiction

b. date, time and place of the examination

-material to the determination

of the possible findings of the
physician on the victim

c. condition of the clothings

d. physician must observe the gait, the facial expression and the bodily and mental attitude of the subject
e. physical and mental development of
the victim

-height, 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. 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-- does it
correspond to the alleged
date of commission?

g. examination of the genitalia,

including the breast

-breast roughly handled or

presence of finger marks,
nipples bitten, vulva
swelling, hymen fresh
lacerations etc.

-in the pubic hair the ff may

be gathered:

1. pubic hair of
offender

2. semen and
spermatozoa

3. blood stains

4. body louse

2. Examination of the alleged offender

a. physical development, mental condition and strength

-won offender can overpower the resistance offered by the victim

b. evidence of physical injuries

-whole body must be examined

-victim in the course of struggle may have inflicted injurie upon him

c. condition of the sex organ

-blood, seminal stain, vaginal epithelium and doderleins bacillus, urethral meatus moist

d. evidence from pubi hair

-matted together due to blood stains or seminal fluid discharge

-presence of body louse

e. potency of the offender

defense that he is impotent

evidence of genital infection

Evidences form the companion of the victim

 history of the incident, won they are consistent with narration of facts of victim

if companion helped victim when force was

applied by offender, companion must be subjected to physical and medical examination
for physical injuries

c. examination of clothings

d. to determine whether the companion might have participated as an accomplice

e. mental condition, physical power, age and emotional state to determine capacity to resist unlawful aggression from
offender

f. presence of alcohol or other depressants

Investigation of the Crime Scene:

 Disturbances in the place of commission may infer or affirm the statement of victim that she did offer resistance

Strands of hair, blood, seminal and other stains may be recovered to prove consummation and struggle

Pieces of personal belongings of offender and/or victim may be recovered to prove consummation and struggle

Investigation of witnesses who may possibly be material to the prosecution of the case may be conducted

EXAMINATION FOR SEMINAL FLUID AND

SPERMATOZOA

- Semen: the viscid, albuminous fluid with faint grayish-yellow color, having the characteristic fishy odor, and
containing spermatozoa, epithelial cells, lecithin bodies and other substances

-Spermatozoon: living organism, normally present in the seminal fluid consisting of a head, neck and tail. From 50-55
microns in length. The head is ovoid and flattened when viewed in front and pearshape when viewed on the profile.

-The ff specimens may be examimed for seminal fluid and spermatozoa:

1. wearing apparel of the victim and alleged

accused

vaginal smear from victim

stains on the body of the victim and accused

stains found at the site of the commission of

the offense

PROCEDURE:

Gross Examinations

a. Inspection by means of the naked eye or with the use of the hand lens

-stain is grayish-white to faint yellow in

color

b. Inspection by means of Ultraviolet light

-to make visible small seminal stains or

patches

-shows bluish fluorescence

2. 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. Allow the liquid portion to dry on the side. Perform any of the following:

a. 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, positive result: merely presumptive evidence of small fluid, negative result: in all
probability it is not that of the seminal fluid

b. Berberio's Test: some allege this test is specific for spermatic fluid, reaction probably depends on the presence of
spermatic secretion
 c. Puramen Reaction: based on the presence of spermine in the prostatic fluid, Puramen reaction is found to be very
reliable and rather characteristic of seminal fluid

d. Acid Phosphate Test: semen produces a very high phosphate activity as compared with other body fluids

the ff are needed:

1. citrate buffer solution

2. suitable substrate

3. diazonium salt

3. Microscopic Examinations

-presence of complete spermatozoon will undoubtedly infer presence of seminal fluid, although semen may be
present without spermatozoa, such
as in cases of aspermia (semen without
spermatozoa) or oligospermia (semen with few spermatozoa)

a. Dr. Hankin's Method

b. Gaguli's Method: best way to stain spermatozoa in India

Biological Examinations

a. Precipitin Test (Biological test of Farnum)

-to determine whether semen is of

human origin or not
 -test of unknown semen in the same
way as blood precipitin is done

b. Seminal Grouping

-test is of value for elimination

-positive result does not definitely imply

that the person is owner of sperm in
question, 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, differing views (2 or 3 days at most, 43 hours, 17 days, more than 2 weeks, 48 hrs after intercourse)

Can a woman be raped while she is on her natural sleep? Occasionally it may happen, but highly improbable.
Normal virgin: hard to conceive such could be committed, 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,
no. BUT, under present laws, WOMAN CAN COMMIT CRIME OF RAPE ON A MAN. (See crim :p)

Can rape cause death? Although not usual, introduction of matured male sex organ into vagina of young girl
may produce injury sufficient to produce death. Death may be due to hemorrhage brought about by laceration of
vaginal canal, shock, subsequent infection such as gangrene or peritonitis.

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.

Can husband commit the crime of rape on his wife? NO. Marriage is a license of the husband to have sexual
intercourse with his wife. Purpose of marriage is procreation and there can be no procreation if there is no sexual
intercourse.

However, if there is a decree of legal separation by the court, husband may be guilty of rape on wife. Legal separation
does not dissolve the matrimonial tie between husband and wife, but merely separation in bed.

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.
OTHER CRIMES AGAINST CHASTITY

SEDUCTION

A. QUALIFIED SEDUCTION

Art. 337, Revised Penal Code - The seduction of a virgin over twelve years and under eighteen years of age, committed by any
person in public authority, priests, house servant, domestic, guardian, teacher or any person who, in any capacity, shall be
entrusted with the education or custody of the woman seduced, shall be punished by prision correcional in its minimum and
medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or
not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and
under the circumstances described therein.

Types of Qualified Seduction

Ordinary Qualified Seduction

offended party must be a virgin

offendede party must be over twelve years and under eighteen years of age

there must be sexual intercourse between the offender and the offended party; and

the sexual act was done through abuse of authority or confidence

those who acted with abuse of authority

Person in public authority

Guardian

Teahcher - need not be teacher, but same school

Person who, in any capacity, is entrusted with the education or custody of the woman seduced

Incestuous Qualified Seduction -

Brother who seduces his sister

Ascendant who seduces his descendant

-seduction where there is blood relationship between the seducer and the seduced. Father seducing
daughter or other descendants, or brother seducing sister.

-In this type of seduction, 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, but instead virtually persuader her to become immoral or be a party to the condemnable
act

B. SIMPLE SEDUCTION:

Art. 338. Simple seduction. The seduction of a woman who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Elements:

The offended party is over 12 but less than 18 years of age;

The offended party must be single or a widow of good reputation;

There must be sexual intercourse done by the offender with her; and

The sexual act must be committed by means of deceit.

The statute making simple seduction a crime is not to punish illicit intercourse, but to punish the seducer
who by means of his promise of marriage, destroyed the chastity of an unmarried female of previous chaste
 character, and who draws her aside from the path of virtue and rectitude, and then fails or refuses to fulfill
his promise. (People v. Iman)
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.

Medical proofs on account of the application of force, and conditions that will cause the victim to be deprived of her reason
or otherwise unconscious are no longer relevant.

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, the question of paternity may be
necessary.

ACTS OF LASCIVIOUSNESS

Acts of Lasciviousness are acts which tend to excite lust; conduct which is wanton, lewd, voluptuous or lewd emotion.

A. ACTS OF LASCIVIOUSNESS:

Art. 336. Acts of lasciviousness. Any person who shall commit any act of lasciviousness upon other persons of either sex, under
any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

Elements:

The offender commits any acts of lasciviousness;

The lascivious act is done under any of the following circumstances:

By using force or intimidation.

By depriving her of her reasons or otherwise unconscious;

When the woman is under 12 years of age;

The offended party must be a person of either sex.

B. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENED PARTY:

Art. 339. Acts of lasciviousness with the consent of the offended party. 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:

The offender commits acts of lasciviousness;

The offended woman must be over 12 but under 18 years of age, except when the victim is the sister or descendant
of the offender;

The offender commits the act by abuse of authority, confidence, relationship or deceit;

The victim must be a woman, virgin, single, or widow of good reputation, except when she is the sister or
descendant of the offender where virginity is not required.
Medical Evidences in the Crime of Acts of Lasciviousness

Like in the crimes of rape and seduction, medico-legal investigation is involved in proving the
lascivious act itself and the other elements to constitute the crime.

Physical injuries may be suffered by the victim on the part of the body where the lascivious act
was committed.

ABDUCTION

Abduction is the carrying away of a woman by an abductor with lewd design.

Lewd design is the intent of the abductor to have sexual intercourse with the woman abducted.

A. FORCIBLE ABDUCTION:

Art. 342. Forcible abduction. The abduction of any woman against her will and with lewd designs shall be punished
by reclusion temporal. The same penalty shall be imposed in every case, if the female abducted be under twelve
years of age.

Elements:
The victim abducted is a woman;

The abduction is against her will;

The abduction is with lewd design.

B. CONSENTED ABDUCTION:

Art. 343. Consented abduction. The abduction of a virgin over twelve years and under eighteen years of age, carried out with
her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.

Elements:

The offended party must be a virgin;

The offended party must be over 12 but under 18 years old;

The carrying away of the offended party is with her consent; and

The taking away must be with lewd design.

D. ADULTERY AND CONCUBINAGE A. ADULTERY:

Art. 333. Who are guilty of adultery. 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, even if the marriage be subsequently
declared void. Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the
penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

Elements:
 The woman is married;

She has had sexual intercourse with a man not her husband; and

The man with whom she had sexual intercourse knows her to be married even if the marriage has subsequently been declared
void.

B. CONCUBINAGE:

Art. 334. Concubinage. Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other
place, shall be punished by prision correccional in its minimum and medium periods.

Ways of Committing the Crime:

Keeping a mistress in the conjugal dwelling;

Having sexual intercourse, under scandalous circumstances, with a woman not his wife; or

Cohabiting with her in any other place.

PROSTITUTION

Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Reasons why some women become prostitutes:

Physiological and psychological traits;

Economic factors;
Home and neighborhood;
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:

Call girl;
Hustler:
Bar or tavern pick-up:
Street walker
Door knocker;
Factory Girl

Effects of Prostitution
Arrest and imprisonment;
Venereal infection;
Social ostracism;
Poor personal hygiene;
Excessive use of alcohol;
Irregular habit of eating and sleeping;
Demoralization and physical deterioration
Medical Evidence in Prostitution- Genital examination required is the same as in any other sexual offense

Methods of Control:

Legalized but regulated; or

Strict prohibition

OTHER PERSONS INVOLVED IN THE BUSINESS OF PROSTITUTION ARE PUNISHED BY THE FOLLOWING PROVISIONS
OF THE RPC:

A. Corruption of Minors:

Art. 340. Corruption of minors. Any person who shall promote or facilitate the prostitution or corruption of persons underage to
satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in
government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended
by Batas Pambansa Blg. 92).

B. White Slave Trade:

Art. 341. White slave trade. The penalty of prision mayor in its medium and maximum period shall be imposed upon any person
who, in any manner, or under any pretext, 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. 186.)

C. Abuse Against Chastity:

Art. 245. Abuses against chastity; Penalties. The penalties of prision correccional in its medium and maximum periods and
temporary special disqualification shall be imposed:

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, or with respect to which he is required to submit a report to or consult
with a superior officer;

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.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the
custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and
temporary special disqualification.

Ways of Committing Abuse of Chastity:

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, or consult with a superior
officer;

By soliciting or making immoral or indecent advances to a woman under the offenders custody;

By soliciting or making immoral or indecent advances to the wife, daughter or relatives with the same degree by
affinity of any person in custody of the offending warden or officer.

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. 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.
Provisions of the Penal Code which may be Applicable to
Unnatural Sexual Offenses:

1. Grave Scandal:

Art. 200. Grave scandal. 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.

Immoral doctrines, obscene publications and exhibitions: Art. 201. Immoral doctrines, obscene publications and

exhibitions and indecent shows. The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or
both such imprisonment and fine, shall be imposed upon:

Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

(a) the authors of obscene literature, published with their knowledge in any form; the editors publishing
such literature; and the owners/operators of the establishment selling the same;

Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify
criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3)
offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order,
morals, and good customs, established policies, lawful orders, decrees and edicts;

Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960 and 969).
Vagrants and Prostitutes:

Art. 202. Vagrants and prostitutes; penalty. The following are vagrants:

Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling;

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;

Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually
associate with prostitutes;

Any person who, not being included in the provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable
purpose;

Prostitutes.

Unjust vexation or any other coercion:

Art. 287. Light coercions. Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both.

SEXUAL ABNORMALITIES
As to the Choice of Sexual Partner:

Heterosexual- sexual desire towards opposite sex.

Homosexual- sexual desire towards same sex.

a) Overt- persons who re conscious o their homosexual cravings, and who

make no attempts to disguise their intention.

b) Latent- 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.

Infantosexual- sexual desire towards an immature person.

Pedophilia- a form of sexual perversion wherein a person has the compulsive desire to have sexual intercourse
with a child of either sex.

A Pedophile may be:

a. Homosexual pedophile- may attempt either oral or anal intercourse with his victim.
b. Heterosexual pedophile- may attempt either oral, vaginal, anal, intracrural intercourse as well as
cunnilingus, but attempts at vaginal penetration are most common.

Theories Why Adults become Interested in Children:

a. Emotional congruence- Children are sexually attractive to adult:

Children are non-dominant;

Adults have low self-esteem, immaturity, socialization to male dominance or narcissism; and
Unconscious impulse, compulsively to repeat child-adult sex contact to master, and his or her own early experience of child-
adult sexual abuse.
Conditioning Modeling- behavioral modeling begins with the early childhood experience, positive or negative, and is conditioned
by hormonal abnormalities, child pornography and the misattribution of arousal as being only from children.

Blockage- alternative sexual gratification may become blocked due to poor social skills with adults of the opposite sex, anxiety
about sex, unresolved oedipal conflicts, unavailability of or conflict with a committed partner, as well as repressive social sexual
norms.

Disinhibition- sexual controls may become disinhibited due to senility, dementia, mental retardation, psychosis, drug or alcohol,
impulse disorders, situational stress, failure of incest avoidance, a general cultural acceptance.

Bestosexual- sexual desire towards animals.

Autosexual (Self-gratification or maturbation)- it is a form of self-abuse or solitary vice carried without the
cooperation of another person.

Types of Masturbation:

Conscious Type- the person deliberately resorts to some mechanical means of producing sexual excitement with or
without orgasm;

Unconscious Type- the release of sexual tension may come about via the mechanism of
nocturnal stimulation with or without emission, which may also be considered as masturbation equivalent.
 Gerontophilia- sexual desire with elder person.

Necrophilia- a sexual perversion characterized by erotic desire or actual sexual intercourse with a corpse.

Incest- sexual relations between persons who, by reason of blood relationship cannot legally marry.

As to Instinctual Strength of Sexual Urge:

Over Sex:

Satyriasis- excessive desire of men to intercourse;

Nymphomania- strong sexual desire of women

Under Sex (Sexual frigidity):

Sexual anesthesia- absence of sexual desire or arousal during sexual act in women.

Dyspareunia- painful sexual act in women.

Vaginisimus- painful spasm of the vagina during sexual act.

Old age- weakening of sexual feeling in the elderly.

As to Mode of Sexual Expression or Way of Sexual Satisfaction:

Oralism- the use of the mouth as a way of sexual gratification.

a. Fellatio (Irrumation)- 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.
b. Cunnilingus- sexual gratification is attained by licking or sucking the external female genitalia
c. Anilism (anilingus)- a form of sexual perversion wherein a person derives excitement by licking the anus of
another person of either sex.
Sado-masochism (Algolagnia)- pain or cruel act as a factor for gratification.

Sexual Abnormalities
As to Instinctual Strength of Sexual Urge:

Over Sex:
Satyriasis excessive sexual desire of men to intercourse
Nymphomania strong sexual feeling of women; hot or fighter
Both are general expressions of compulsive neurosis.

Under-sex or Sexual Frigidity:

Sexual anesthesia absence of sexual arousal during intercourse in women
Dyspaureunia painful sexual act in women
Vaginismus painful spasm of the vagina during intercourse
Old age weakening of sexual feeling in the elderly; there is desire, but accomplishment is difficult; accompanied by
odd behaviour like exhibitionism, incest, homosexuality

As to Mode of Sexual Expression or Way of Sexual Satisfaction:

Oralism use of mouth

Fellation (Irrumation) female receives the penis into her mouth, by friction with the lips and tongue, coupled with
the act of sucking, initiates orgasm
 Cunnilungus licking and sucking the external female genitalia
Anilism (Anilingus) licking the anus of another; form of sexual perversion

Sado-masochism (Algolagnia) pain or cruel act

Flaegellation act of whipping or being whipped
Sadism (Active algolagnia) infliction of pain on another is necessary or sometimes the sole factor in sexual
enjoyment
Cannibalism biting without flesh-eating, but with presumed unconscious wish to consume
Love bites superficial punctuate contusions seen usually at the side of the neck, breast, other body parts
caused by forcible sucking of the mouth (teeth guarded by the lips) applied to the loose tissue

Necrosadism (Lust murder) victim dies; deviate has a strong homicidal urge, suffering
from organic brain disease, a schizo, 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
Anatomic particular portions of the body (ex. breasts, buttocks)
Clothing shoes, handkerchiefs, undergarments, etc.
Necrophilic near a dead body; may or may not violate dead person
Odor (Ospresiophilia) pleasant or foul odor
Urolagnia sight of women urinating; sometimes, even a desire to drink the urine
Coprolognia sight of women defecating
Mysophilia filth or excretion
Pygmalionism statues
Manikinism manikins
Narcissism extreme admiration and love of ones self; looking at the mirror and
appreciating oneself
Negative fetish marked dislike for things
Saboteur fetish deviate does damage while he gets satisfaction (ex. cutting clothes or hair)
Incendiarism from setting fire
Vampirism sight of blood

As to the Part of the Body:

Sodomy sexual act through anus

Uranism fingering, fondling with breast, licking parts of the body, etc.
Frottage compulsive desire of a person to rub his sex organ against some body parts of another
(ex. rubbing or pressing organs against womens buttocks in crowded places and pretends it is
accidental)
Partialism special affinity to certain part of the female body; usually, intercourse is merely secondary
to satisfy the sexual desire; differs
from frottage in that there may not only be rubbing but actual intercourse

As to Visual Stimulus:

Voyeurism compulsion to peep to see persons undress or perform other personal activities and usually, masturbates in excess
afterwards;
Peeping Tom
Mixoscopia (Scoptophilia) watching a couple undress or during their sex intimacies

As to Number: (sexual deviation because more than two persons are participating)
 Troilism (Menage a trois) three persons are participating in sexual orgies where the usual activity may be fellatio, kissing the
buttock,
suixante-neuf or 69, coitus; eternal triangle
Pluralism group of persons participate in sexual orgies; two or more couples perform intercourse in one room and may agree to
exchange for
varietys sake during the sexual festival

Other Sexual Deviates:

Coprolalia need to use obscene language to obtain gratification; sometimes, 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; cannot find anyone to be a permanent companion
Indecent exposure (Exhibitionism) wilful exposure in a public place of ones genital organ in the presence of others, usually
of the opposite sex; with or without masturbatory act; women may expose themselves as in bubble and fan dances
and the strip tease acts in night clubs
People v. Aparici (G.R. 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.

Sexual Reversal

Transvestism (Sexo-esthetic inversion; Psychical hermaphroditism; Metamorphosis sexualis paranoia)

male derives pleasure from wearing female apparel and vice versa; generally harmless insofar as they
have no desire to assault anyone, but merely to attract attention
Transexualism identify themselves with the opposite sex as completely as possible and to discard
forever their anatomical sex; hate their genitalia that sometimes they attempt to castrate or mutilate
themselves, 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, reproductive organs, sexual behaviour
Gonadal agenesis testes or ovaries have never developed; determined very early in fetal life
Gonadal dysgenesis external sexual structures are present but at puberty fail to develop
Klenefetters syndrome male type where the anatomical structure is male, but the nuclear
sexing is female (Chromatin positive); XXY chromosomes
Turners syndrome structurally and phenotypically female but the ovaries are small; sterility with
the absence of the second X chromosomes
True hermaphroditism bisexuality, having both ovaries and testicles; nuclear sex is usually
female; sex character may be neutral or whichever is dominant
Pseudohermaphrodite anatomically of one sex but the sex character is that of the opposite sex
Male pseudohermaphrodite gonads are testicles but the character is effeminate
Female pseudohermaphrodite gonads are ovaries but the character is masculine

LIABILITIES OF HOSPITAL FOR ITS ANCILLARY SERVICES

 Whenever the hospital administration enters into contract with a
partnership of physicians to run the emergency room, the medical staff
therein are not considered employees of the hospital.
Consequently liability for negligence in the emergency room is shifted to
the medical partnership. Courts have held that even if contracts specify
that physicians will be considered independent contractors the hospitals
are responsible for their action if they can exercise control over them.
Patients are not bound by the secret limitations contained in a private
contract between the hospital and the physician.
Two Aspects of Emergency Care
1. Examination of the patient to determine his condition and need
for emergency medical procedures
2. Performance of the specific medical or surgical procedure which
are required without delay to protect the patients health.

Liability in the emergency room may arise from the following:

1. Failure to admit
2. Failure to examine and/or treat
3. Negligence in the application of management procedures

An AMBULANCE is a motor vehicle specifically designed, equipped and used

for the transportation of the sick, injured or wounded persons operated by
trained personnel for ambulance service The criminal liability of an
ambulance driver is the same as that of an ordinary driver. However, the
civil liability arising therefrom the hospital must be held liable
Hospital Pharmacy Sec. 42, RA 5921 o A PHARMACY is a place or establishment
where drugs, chemical products, active principles of drug, pharmaceuticals,
proprietary medicine of pharmaceutical specialties, devices and poison are
sold at retail and where medical and dental veterinary prescriptions are
compounded and dispensed.
Medical Records It is compilation of the pertinent facts of the
patients life history, illness, and treatment. It is a compilation of
scientific data derived from many sources, coordinated into a document and
made available for various uses to serve the patient, the physician, the
institution in which the patient has been treated, the science of medicine
and society as a whole.
Purpose of Maintenance of Medical Records
1. For convenience and necessity in consonance with the purpose
enumerated
2. 2. As required by statutes (Hospital Licensure Law)
 - The hospital may be held liable for injury resulting from a breach
of duty to maintain accurate records.
- Destruction of records is an evidence of negligence.
- An altered medical record may create suspicious intent to
establish a defense and such alteration may be a proof of negligence.
- Removal of a certain portion of the record may raise the
interference that they are removed deliberately in order to suppress
evidence.
Ownership of Medical Records The guardian and owner of the medical
records is the hospital. But ownership of the medical record is a limited
one and absolute and considered primarily custodial.
VIOLATION OF THE CONFIDENTIAL NATURE OF RECORD
Sec. 6, Art. II, Code of Medical Ethics The medical
practitioner should guard as a sacred trust anything that is confidential or
private in nature that he may discover of that may be communicated to him in
his professional relation with the patient, even after their death. He should
never divulge this confidential information, or anything that may reflect upon
the moral character of the person involved, except when it is required in the
interest of justice, public health or safety.
Sec. 17, Art. II, Comprehensive Dangerous Drug Act of 2002
(Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Chemicals) The penalty of imprisonment
ranging from 1 year to 6 years and a fine ranging from 10,000.00 to 50,000.00
shall be imposed upon any practitionerxxx who violates or fails to comply
with the maintenance and keeping of the original records of transactions on any
dangerous drugsxxx An additional penalty of revocation of license to
practice his professionxxx
Sec. 60, Art. VIII, Comprehensive Dangerous Drug Act of 2002
(Confidentiality of Records Under the Voluntary Submission Program) Judicial
and medical records of drug dependents under the voluntary submission program
shall be confidential and shall not be used against him for any purposes, except
to determine how many time by himself or through his parent, spouse guardian or
relative within the fourth degree of consanguinity or affinity, he voluntarily
submitted himself to confinement, treatment and rehabilitation in any
centerxxx
Sec. 64, Art. VIII, Comprehensive Dangerous Drug Act of 2002
(Confidentiality of Records Under the Comulsory Submission Program) The
records of a drug dependent who was rehabilitated and discharged from the Center
under the compulsory submission program or who was charged for violation of
Sec. 15 of this act shall be covered under Sec. 60 of this act. However, the
records of a drug dependent who was not rehabilitated, or who has escaped but
did not surrender himself within the prescribed period, shall be forwarded to
the court and their use shall be determined by the court, taking into
consideration public interest and the welfare of the drug-dependent.
Sec. 21(c), Rule 130, Rules of Court (Privilege Communication)
A person authorized to practice medicine, surgery, obstetrics cannot in civil
case, without the consent of the patient, be examined as to any information,
which he may have acquired in attending such patient in a professional capacity,
which information was necessary to enable him to act in that capacity, and which
would blacken the character of the patient.
Information for which no authorization is needed
1. Name of the patient and house officers associated with the
treatment of a patient
2. Personal circumstances of the patient which are not ordinarily
related to the treatment
When may the contents of the record be disclosed
1. When requested by the patient or by someone who could act in his
behalf which must be made in writing
2. When the law requires such disclosure
3. Upon a lawful order of the court N.B. The attending patient
has no legal right to determine who shall and who shall not see the
record. At the most, his approval or permission is only a matter of
courtesy. Members of the resident staff, student and attending medical
staff may freely consult such records as pertain to their work.
Sec. 37, Rule 130, Rules of Court Entries in the Course of Business
Entries made at, or near the time of the transactions to which they refer,
by a person deceased, outside the Philippines or unable to testify, who was
in a position to know the facts therein stated, may be perceived as prima
facie evidence, if such person made the entries in his professional capacity
or in the performance of duty and in the ordinary course of business or
duty. Patients record is admissible in evidence even if the person who
made the entry is dead or not available, as the records are entries in the
course of business.