Gunshot wounds may be suicidal, homicidal or accidental

Pieces of evidence that tend to show that the Gunshot(s) wound is Suicidal:

1. The shot was fired in a closed or locked room’ usually in the office or
bedroom.
2. The death weapon is almost always found near the place where the victim
was found.
3. The strot was fired with the muzzle of the gun in contact with the part of the
body involved or at close range. The wound of entrance may show sins of
muzzleimpression, burning, smudging and tattooing.
4. The location of the gunshot wound of entrance is in an accessible part of the
body to the wounding hand. It may be at the temple, roof of the mouth,
precordial or epigastric region.
5. The shot is usually solitary. If the shot is made on the head involving the
brain, the shocking effect of the injury will not make him capable of firing
another shot. However, shots in some parts of the body which may not
produce immediate death cir sudden loss of consciousness, the possibility of
additional shots is not remote
6. 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.
7. Personal history may reveal social, economic, business marital problem
which the victim cannot solve. He may have history of mental disease,
depression, severe frustration or pervious attempt of self-destruction.
8. Examination of the hand of the victim may show presence of gunpowder.
9. Entrance would do not usually involve clothing’s.
11.Victim’s fingerprints on butt
12.Place where the shot took place may reveal suicide note
13.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; 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. No point of election in he would entrance fire is made when the victim is at
some distance
2. Fire is made when victim is at some distance
3. Defense wounds (signs of struggle)
4. Disturbance of the surroundings
5. Wounding firearm cannot be found at crime scene
6. Witness testimony

Evidences to show that the wound is accidental:

 1. Usually one shot
2. No special area of body involved
3. Determination of relative position of victim and assailant
4. Witness testimony

Points to be considered and included in the report of the physician:

1. Complete description of wound of entrance and exit
2. Location of the wound
3. Direction and length of bullet tract
4. Organs or tissues involved
5. Location of missiles, if lodges in the body
6. Diagram and other illustration showing location of wounds

Questions that a physician is expected to answer in court:

1. Could the wound be inflicted by the weapon?
2. At what range was it fired?
3. Direction of the fire
4. Possibility that gunshot wounds are self-inflicted
5. Signs of struggle
6. Possibility of the victim to fire or resist the attack after being injured
7. Did the victim die instantaneously?
8. Relative position of assailant and victim

Can the Caliber of the Wounding Firearm be determined from the size of
the gunshot wound of entrance? Yes. Caliber may be inferred from the diameter
of the gunshot wound.

Determination of the Length of Survival of the Victim:

1. Nature of wound
2. Organs involved
3. Presence or absence of infection
4. Amount of blood loss
5. Physical condition of victim

Capacity of the Victim to Perform Volitional Acts:

Depends on the following:
1. Are of body involved
2. Vital organs involved
3. Resistance of victim
“Injuries in the brain and spinal cord which cause incapacity to do voluntary
acts negates the capacity to do voluntary acts negates the capacity.

Determination as to length of time a firearm had been fired:

1. Odor of the inside the barrel
“mixture of gasses has peculiar characteristic order which is noticeable
several hours afar discharge. Later, the odor will disappear as gases usually
evaporate or chemical transform to doorless compounds
2. Chemical changes inside the barrel
3. Evidence that may be deducted from the wound
1. Age of wound
 2. Degree of healing
3. Degree of infection

Determination Whether the Wounding Weapon is an Automatic Pistol or

Revolver:
1. Location of empty shells
Revolvervsautomatic pistolin cylindrical magazine chamber after fire driven
out weapon after shot.
2. Nature of spent bullet
Revolver vs automatic pistol no coating bullet is copper jacketed
3. Nature of base of cartridge or spent shell
Revolver vs automatic pistol wider diameter than no such difference that of
cylindrical body
“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 the
time.

“It is impossible to distinguish and memorize the report from report from
two firearm of the caliber.

“It may be possible for a person who is accustomed to sound of firearms of

different calibers to identify firearm by the sound produced.

Gunshot wound may not be a near fire:

1. When a device is set up to hold the firearm
2. Clothing’s are interposed between the victim and the firearm
3. Failure of examining physician to distinguish between a near or far shot
wound
4. Product of a near shot wound has been washed out of the wound

X-ray examinations may:

1. Facilitate location of bullet
2. Reveal fragmentation and location
3. Show bone involvement
4. Reveal trajectory of bullet
5. Show effects of bullet wound and other injuries

SHOTGUN WOUNDS

Shotgun – shoulder-fired firearm having a barrel that is smooth-bored

Classes of shot in a shotgun shell:

1. Birdshot – shot are small (0.5 inch to 0.15 diameter); use for hunting fowls
and small animals
2. Buckshot – shot ranges from 0.24 to 0.33 inch in diameter; fewer in number
of shots (9shots)
3. Single Projectile (rifled slug) – only a single or slug in a shell

Systems employed in the determination of the diameter of barrel of a

shotgun:
 1. Gauge System – determination of number of lead balls, each fitting of the
bore totals to one pound in weight
2. Expression of the bore diameter in inches-0.410 bore shotgun is the only
shotgun at present designated
3. Metric System – bore millimeters

*Not standard length of barrel.

Grade of choke:
1. Unchoke – diameter of barrel from rear to muzzle is the same
2. Choke – 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.

Types of shotgun:
1. As to number of barrel
a. Single Barrel Shotgun
b. Double Barrel Shotgun
2. As to manner of firing and reloading.
a. Bolt action
b. Lever action
c. Pump action
d. 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. Contact or near contact shot – not more than 6 inches
Indicators:
a. Shape of wound
b. Entrance wound is burned
c. Blackening due to smoke
d. Gunpowder tattooing is densely located
e. Contusion of tissue
f. Singeing of hair (less than 6 inches)
g. Disrupted deeper tissues
h. Presence of carbon monoxide along the bullet tract
i. Recovery of wad together with shot (pellets)
2. Long range shot – more than 5 inches skin muzzle distance
Indicator
a. 2-3 feet muzzle distance -> single wound of entry
b. 3-4 feet distance-> serrated wound of entry referred to as “rat hole”
c. 5-6 feet -> wad tends to produce independent injury, usually an
abrasion
d. 6 feet -> shots begins to separate from conglomerate shot
10 feet-> produces independent wounds of entry
“Billiard ball ricocheted effect”-tendency for one shot to stoke another
causing changes of the shot course
 e. smudging due to smoke up to 15 inches
f. gunpowder tattooing up to 24 inches
g. in an unchoked shotgun, to estimate the distance: measure the
distance between the farthest shot in in inches and subtract one, 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 grater kinetic energy of pellets.

DETERMINATION OF THE PRESENCE OF GUNPOWDER AND PRIMER

COMPONENTS

The importance of determining the gunpowder on the skin of the victim:

1. 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 is absence will
not preclude near fire because other factors might have intervened
2. Determining whether a person has fired a firearm
*When a person fires a gun, the powder particles which escapes may
cling on the dorsum of the hand
*Detection of metallic residue on the primer palm hand may indicate
that the was making a defensive movement trying to ward off the weapon
*In suicide, residue may be deposited on the palm of the hand used to
steady the barrel at the time of discharge

Procedure in determining the presence of gunpowder:

1. 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.
2. Microscopic examination
3. Chemical test
a. Laboratory test to determine firearm residues
*There is inference of contract or near distance of the gun muzzle
to the skin when there is burning, tattooing smudging visible
*The same test may be applied to dorsum of hand of persons
suspected to have fired the gun
*The test may involve the determination of presence of gunpowder
residues of primer components

Test for the presence of gunpowder residues:

1. On the skin (Dorsum of the hand or site of the wound of entrance):

1. Dermal nitrate test (Paraffin test, Diphenylamin test, 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 contract with Lung’s
reagent.
 *Test is not conclusive as to the presence of gunpowder because
fertilizers, cosmetics, cigarettes, urine and other nitrogenous compounds with
nitrites and nitrates will give a positive reaction
*Subjection of suspect is not self-incriminatory; act purely
mechanical

2. On clothing’s (Especially colored ones)

Walker’s test (C-acid test, 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 minutesand
dried.
* If unburned powder grains are present, it will result to
production of dark red or orange-brown spots on the prepared paper.

Test for the presence of Primer Components:

1. Harrison and Gilroy Test
*A cotton swab moistened with 0.1 molar hydrochloric acid is used to
gather antimony, barium and lead.
*The test does not enjoy substantial utilization in forensic laboratory
because:
1. lacks specificity of color reaction
2. Inadequately sensitive
3. interference of color reaction among three elements themselves.
Development of instability of color
2. Neutron Activation Analysis (NAA)
*A sample is obtained from the hands by the use of paraffin or washing
the hand with dilute acid. It is then exposed to radiation from a nuclear react
emitting neurons.
*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 bombardment, afterwards their quantity is measured.

3. Flameless Atomic Absorption Spectroscopy (FAAS)

*Sample of hand washing is subjected to a high temperature to vaporize
the metallic elements of the primer residue.
*This method is quick, sensitive and employs equipment within economic
means
*Can determine presence of barium, antimony and lead
4. Used of Scanning Electron Microscope with a Linked X-ray Analyzer
*Adhesive material is used to remove any residue particles from the
hand. The material then examined under the scanning electron microscope with
a linked X-ray analyzer.

FIREARM IDENTIFICATION
Factors:
1. Caliber of the weapon
2. Fingerprints
*may determine if homicidal or suicidal nature of death
 3. Fouling of the barrel
*recently fired firearm may have a characteristic door smoke inside the
barrel
4. Serial number

Procedure of restoring serial number if tampered:

1. Cleaning
*All oil, dirt, grease and paint should be removed with gasoline, xylol and
acetone
2. 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. Etching
*For all iron or steel material, the following etching may be used
Hydrochloric acid – 80 cc
Distilled water – 60 cc
Ethyl alcohol 50 cc
Copper chloride – 10 grams
*The solution is swabbed until the numbers appear.

4. Ballistic examination
*Ballistics – study of physical forces reaction on projectiles
*Foreign ballistics – also known as firearm identification, deals with
examination of fired bullets and cartridge cases in a particular gun of the
exclusion of all others of all others

Three separate and distinct area of Ballistics:

1. Interior Ballistics – deals with what happened to the cartridge and its bullet
from the time trigger is pulled until the bullet exits from the barrel
2. Exterior Ballistics – 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. Terminal ballistics – concerns with the effect of the bullet on the target or
until it comes to rest
4. Medical Ballistics – concerned with the penetration, severity and appearance
of the wound due to bullet or missile

Basic principles Involved in Firearm Identification:

1. Quality of mental in the manufacture of firearm is much harder and resistant
of deformity than the quality of metal used n the manufacture of cartridge.
In the process of contract between the part of the gun involved and the
cartridge, the surface condition of the part of the gun involved and the
cartridge, the surface condition of the part of the gun can easily be
impressed on the shell or bullet.
2. Firearms have certain physical characteristics of certain type of caliber
which differentiate it from others.
3. No two firearms can be manufactured with identical surface characteristics;
referred to as individual characteristics”
Instruments use in Firearm Identification:
1. Comparison Microscopes – instrument consists of two compound microscope
which allows comparison of two objects by looking through single eyepiece.
The individual or accidental characteristics of two objects may be compared.
There is an attachment for photographic camera to facilitate the taking of
pictures of the findings.
2. Bullet recovery box- instrument for the purpose of the recovering container
filled with cotton and an open shooting end. *The test shell and bullet
may be used for comparison with the evidence bullet or shell.

Other ways of recovering test bullet as used in other countries:

1. Shot may be fired on a box with oil and sawdust

2. Vertical or horizontal shot on water tank
3. Shot fired on a block of ice
4. Hand lens
5. Sharp pointed instrument for scraping I.D. marks
6. Analytical Balance

See illustration on page 386

Types of marking on the examination through Comparison Microscope:

1. Impression type Mark (Stamp Mark) – the forcible application of hard

surface against the softer one leaving an impression on the softer surface.
E.g. striking of the firing pin on the percussion cup.
2. Striation or serration mark – produced by a harder surface scrapping,
dragging, siding or slipping cross the softer one leaving a series of
abrasions, serrations and scrapes. E.g. bullet surface may show the rifling
marks on its surface of the barrel.

When the cartridge is fired from the firearm, the following mark are found in
the shell and from the bullet:

Marks found in the Shell:

a. Marks of firing pin – impressions in the percussion cap

b. Marks from the extractor – marks found in front of the rim of the shell
c. Marks from the ejector – marks found in the head of the shell
d. 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.
e. Marks on the cylindrical surface of the shell – mark brought about by
the magazine.

Marks found in the bullet

a. Number of lands and grooves-number of grooves, depth, and width
depend upon the manufacturer of the firearm.
b. Direction of the twist of the Rifling Marks – the direction of the spiral
lands and grooves may twist to the right or to the lest.
Each manufacturers of firearms make certain marks which will distinguish
firearms manufacture red by them and makes specific number of spiral grooves
and direction of the twist in the barrel of the firearm. The bullet recovered from
the ody may show those marks in the examination and the examiner may have the
presumption where the firearm came.

In fire Arm Identification the Examiner must take into consideration the
following:

1. Gross examination or examination with magnifying lense:

a. Caliber of the bullet
b. Presence or absence of deformity or loss part
c. Presence of foreign elements. E.g. blood, flesh
d. Identity marks placed by previous possessor.

2. Examination with the use of comparison microscope: this is the

comparison between evidence shell or bullet
a. Determination of the class characteristics: physical characteristics of
certain caliber of firearm used by the manufacturer:
i. Number of rifling
ii. Direction and rates of rifiling marks
iii. Dimension of the lands and grooves
iv. Depth of the grooves
v. Style of the cannelure
b. Determination of individual or accidental characteristics:
i. The refling barrel is reflected in the bullet as it passes through
it.
ii. Firing pin mark: when the base of the cartridge is hit by the
firing pi, the pin produces distinct markings which can be
reproduced by succeeding shots.
iii. Breechblock mark: as the bullet is propelled forward by the
force of the expanded gas, the casing is forcibly moved
backward against the breech force or recoil plate. The backward
force transfers the marking on the breechblock to the base of
the cartridge.
iv. Extractor mark: mark made by the extractor on the cartridge
rim when pulled away from the firing chamber.
v. Ejector mark: mark produced by the ejector in the process of
throwing away the spent shell.

Gunshot wounds in different parts of the body

Head and Neck

1. Cranium:
 Close or nearcontact fire in the head may produce marked laceration of
the skin, burning and tattooing of the surrounding skin. The skull is
fractures without any definite shape with the linear extensions to almost all
of the bones comprising the cranial box.

Fire from distance with the bullet having a right angle of approach to
the skull, the fracture is oval at the outer table. There will be radiating
linear fractures from point of entrance. The wound exit will be clean-cut oval
round opening at the inner table with beveled fracture at the outer table.

Grazing approach of the bullet may produce an elongated gutter-like

depressed fracture of the cranium. The tangential impactof the bullet
may cause it to split and it is not uncommon to see a fragment lodging in the
brain substances while the other ricochet outside hitting other objects
nearby.

2. Brain Substance:

Usually a rugged tunnel with a diameter larger than that of the caliber of the
bullet, with mark ecchymosis of the surrounding area and filled with fresh
and clotted blood. Fragments of bones may be felt in the tunneled bullet
tract. In jury of the brain causes sudden loss of consciousness and incapable
of voluntary movement.

Injury in the cerebral hemispheres is as a rule not immediately fata and the
victim may survive the injury, however if the bullet courses the medulla,
pons, and other vital centers causes the immediate death. Some victims may
live for a while but developed epileptiformconvalsions as a sequel.

3. Face

May noy cause serious trouble except that it becomes potential avenue for
infection that may cause deformity.

4. Neck

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. If involve the carotid or jugular vessel and death may be
due to profused hemorrhage. Injury to trachea and upper bronchi may cause
asphyxia or aspiration pneumonia

5. Chest:
1. Chest wall: usually has an upward course and may involve both sides.
The bullet may strike the rib, sternum or the body of the vertebra and
may cause deformity or deflection of its course. When the intercostal or
mammary vessel are injured there will be perfused hemorrhage.
2. Lungs: it produces a cylindrical tunnel much larger than the diameter of
the projectile with the bloody contents and ecchymotic borders. When
the pulmonary vessel is involved, the profuse hemorrhage is observe that
 produces death before medical intervention can be done. If only the lungs
is involve, the profuse hemorrhage may cause collapse of the lungs,
displacement of the heart. Emphysema is present when there is marked
injury to the air sacs. The victim may not die immediately but later may
develop aspiration pneumonia or cerebral embolism.
3. Heart: wound may be circular or stellate with subepicardial hemorrhage
in the surrounding tissue. As a general rule does not prevent the victim
from running, walking or to do other forms of volitional acts for death is
not usually instantaneous. Would of the auricle is more rapidly fatal as
compared with the wound of the ventricle on the account of thickness of
the musculature of the latter which produces temporary closure of the
wound.
4. Abdomen: wounds are quite frequent but not as serious as those of the
chest and head because of its ability to surgical operation. It is limited to
one or several organs. 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. The
tunnel may contain fragmented tissues, fresh and clotted blood. Loss of
function, of the kidney, pancreas, etc may lead to fatal results. Bullet
wounds in the stomach and other hollow areas are usually small on the
account of the contractility of the walls. The wound entrance is smaller
than the exit wound. Timely surgical intervention may prevent untoward
complications. However, death due to peritonitis is not rare on the
account of the spilling of its contents into abdominal cavity.
5. Spine or Spinal Cord: injury of the spine may not involve the spinal
cord but injury of the spinal cord may be due to:
a. Bullet affects the canal and the spinal cord causing either
partial or complete severance
b. Injury in the body of other parts of the vertebra and contusion,
concussion or compression on the account of impact. Injury of
the upper cervical spinal cord may cause immediate death
because the vital nerve tracts may be involved. Lower spinal
cord injury may cause motor or sensory paralysis and may
later succumb to hypostatic pneumonia, suppuration or other
complications.
6. Extremities: it may show the characteristic lesion of gunshot wounds.
Usually the wound is not so serious except when it involves the principal
blood vessels and nerves. The bony tissue may involves the principal
blood vessels and nerves.
 DISTURBANCE OF MENTALITY
The following rules have been adopted by courts to determine whether an accused
is suffering from insanity to exempt him from criminal liability:
1. Earlier Test for Insanity:
a. “Wild Beast Rule”
A person is exempted from criminal liability if he is totally deprived of
his understanding and memory and knows no more than an infant, a
brute, or a wild beast of what he is doing.
 The rule has been applied in England (Arnold case, 1724) and in the
United States (State v. Pike, 49 N.H 399), but was not university accepted
because;
a. Its application is limited to violent crimes against a person;
and
b. It is quite hard to measure the aggressive behavior of a wild
beast.
b. Delusion Rule
A person is not responsible for his act if he is suffering from delusion
although he knows that his act is wrong.
This rule was applied to the James Hadfield case wherein the accused
attempted to kill King George II of England while entering the Drury
Lane Theater. Hadfield was found to be suffering from a delusion
although he knew at the time that he was actually firing a gun at the
King.
A person with delusion may be insane but his suffering from delusion
may not necessarily affect his judgment in a particular act. If a person
who is suffering from delusion commits an illegal act which has no
relation to the particular delusion from
638 LEGAL MEDICINE

which he is suffering he must be considered for such an act as if he were

sane.
2. Later Tests for Insanity:
a. McNaghten’s Rule (1843):
A defense on the ground of insanity can be established if it it can be
proven that at the time of committing the act:
(1) The accused was laboring under such defect of reason or from a
disease of the mind as not to know the nature and quality of the act
he was doing, or
(2) If he did know, he did know that what he was doing was wrong.
Under the rule, before an accused can be exempted form criminal
liability, it must be proven first.
(a) That the accused was suffering from the disease of the
mind.
It is the psychiatrist who must determine the presence of the
disease of the mind, although what constitutes the disease is not
entirely clear.
An accused was held to be suffering from the disease of the
mind when he attacked a person during a temporary loss of
consciousness caused by congestion of the brain due to
arteriosclerosis (Bratty v. Atty. Gen of Northern Ireland, 1963).
 A person who is suffering from malignant malaria when she
killed her husband was held not criminally liable because of
insanity due to disease of the mind
(People v. Lacena, 69 Phil. 330).
(b) It must be proven that the accused did not know the nature and
quality of the act he was doing. A person who, on account of
mental disease, did not know the nature and quality of his act does
not have criminal intent (means rea).
(c) If the accused knew the nature and quality of the act, then it must
be proven that he did not know that what he was doing was wrong.
“Wrong”, insofar as McNaghtens’s Rule is concerned, means
contrary to law. The knowledge that the act was in violation of
criminal law has been held to be sufficient to justify holding the
accused responsible.
(1) The rule is too rigid and strict that it unjustly subjects the insane to
punishment.
(2) It is based solely on cognitive factor and ignores emotion and will
(3) The test in unintelligible to pyschiatrists because it requires a moral
judgement by the physician; a judgment outside of his professional training,
experience and competence.
In the United State 36 states adopt the rule.
b. Irresistible Impulse Rule:
A person is considered insane when mental disease has rendered him
incapable of restraining himself, although he understands what he is doing and
knows it is wrong.
Criticisms to the Irresistible Impulse Rule:
(1) On account of its laxity it opens the door for the escape of many persons
who are sane and should be prosecuted as criminals.
(2) There is difficulty in differentiating irresistible impulse from impulse
which can be actually resisted.
(3) It fails to differentiate between real insanity and mere impulsive
condition.
c. Durham Rule:
The accused is mot criminally responsible if his act was the product of
mnetaldisesase or mental defect.
The determination of criminal responsibility is based on the answer to
two questions:
(1) Is the defendant suffering from a mental disease of defect?
(2) If so, was his crime a product of the mental disease or defect?
Criticisms to the Durham Rule:
(1) There seems to be uncertainties in the definition of “mental
disease of defect”. Does it include personality disorders, character
defect, sociopathic disorder which are clinically true mental
diseases?
 (2) There is ambiguity of the term “product”. When is an act the
product of the diseased mind or deranged mental condition within
the scope of the rule?
(3) The application of the rule will create a fear that all criminals
would be regarded by psychiatrist as mentally ill, and hence, no
one will be subjected to criminal prosecuton or conviction.
d. Currens Rule:
In order to make the accused not responsible for his act it must be
proven that at the time of committing the prohibited act the
defendant, as a result of mental disease or defect, lacked substantial
capacity to conform his conduct to the requirements
Cristicisms to the Currens Rule:
Like the Durham Rule, a large number of the prison population will be
considered not guilty by reason of insanity.

e. American Law Institute Rule:

In 1955, The American Law Institute with the support of the American
Bar Association, formulated the following rule of criminal responsibility:
(1) A person is not responsible for his criminal conduct if at the time of
such conduct as a result of mental disease or defect he lacks essential
capacity to appreciate the criminality of his conduct or to conform his
conduct to the requirements of the law;
(2) The term “mental disease of defect” does not include an abnormality
manifested only by repeated criminal or otherwise anti-social conduct.
Criticisms to the American Law Institute Rule:
(1) Some authorities, even psychiatrists, objected to the inclusion of item
(b) of the rule. It has been pointed out that such exclusionary division
discriminates between the poor and the well-to-do offenders. The poor
defendants cannot avail themselves of more rigid and more searching
inquiry into their mental state but merely superficial, one done by
government physicians.
(2) It does not give the court a simple, helpful guide in their effort to
decide whether the accused was insane at the time of his act.
(3) The phrase “or to conform his conduct to the requirement of the law”
permits the defendant to find refuge in what is equivalent to the
“irresistible impulse” test.
1
II. MENTAL DEFICIENCY
Mental deficiency (mental sub normality, mental retardation) is the below-
normal intellectual functioning which originates from the arrest or incomplete
development of the mind during the development period below the age of 18 which
may be induced various factors associated with impairment of learning, social
adjustment or maturation.

Classical Classification
1. Idiot - idiot is wanting in memory, will power and emotion. Express himself
by language, is quiet timid and easily irritated. The deficiency is usually
associated with physical abnormalities like microcephaly and mongolism.
Mentality never exceeds that of a normal child over 2 years old. The I.Q is
between 0 – 20.
2. Imbecile- may be able to speak but with poor command of the language.
Easily be arouse to passion and may show purposeful behavior. He may be
trained to do simple work under supervision. The mental age may be
compared to a normal child from 2 to 7 years old and the I.Q is 20-40.
3. Feeble-minded – Person whose mental defect, although not amounting to
imbecility is pronounced such that he requires care, supervision, and control
for his protection and for the protection of others. He is incapable of
receiving proper benefit from instructions in ordinary school. He lacks
initiative and ability for any work or responsibility. He has a mentality
similar to that of a normal child between 7 to 12 years old and an I.Q of 40-
70.
Moron – A feeble-minded person of considerably higher intelligence as that
of an imbecile but his intellectual faculties and judgment are not as well
developed as in a normal individual.
4. Moral Defective –There are strong vicious and criminal propensities, so that
the person requires care supervision and control for the protection of others.
He is devoid of moral sense and often shows intellectual deficiency, though
he may be mentally alert. He is careless; pleasure loving; and a devil-may-
care sort of young man or woman who adheres to the principles of “live
today for tomorrow we die.
Mental retardation is classified as follows.
1. Profound – I.Q. is under 20, and capable at most a limited self-help. There is
most likely a need for hospitalization or some type environment in which
care is available throughout his life-time.
2. Severe – I.Q. is between 20 and 35 and capable of habit training as a child.
As an adult he is likely in need of a controlled environment.
3. Moderate – I.Q is 36 to 51 and can develop academic skill equal to about the
second grade level. As an adult he will most probably need a sheltered
environment.
4. Mild – I.Q is 52-67 and constitutes the greatest group of mentally retarded.
He can develop academic skill to about the sixth grade level.
As an adult he can develop social and vocational skill. Whether he is to be
institutionalized or not depends more on his social skill and on the range of
alternatives available to him than on his intellectual functioning.
 Although it is not a part of the original standard classification. A fifth
degree known as borderline retardation with an I.Q of 68-83 may be added.
Methods of Estimating Mental Capacity:
1. Intelligence Tests:
At the age of 18 the human mind is presumed to have attained its full
development. Knowledge acquired after such age comes from experience,
memory and study.
Intelligence may be used to (a) diagnose the degrees of mental
retardation, (b) study the ways in which the individual’s intellectual ability is
threatened by personality problems, and (c) as am neas to understand
personality dimensions.
a. Performance Tests (Don’t Require the Use of Language):
(1) Good Enough Draw-a-person Test – A subject is aske to draw a person
and a number of corresponding points are given to different parts of
the body and clothing. The total number of points is then converted
into a quantitative measure of intelligence. The test can provide
evidence for personality functioning and conflicts as well as
intelligence estimate.
(2) Raven Progressive Matrices Test: - A series of designs in which a part
is removed from each member of the series, and the individual is
presented with six alternative parts from which to choose the part
which is missing in the original design. The test is useful in measuring
the person’s ability to reason by analogy, for comparison and to
indicate the logical method of thinking.
b. Verbal test – This depends essentially on words and numbers.
c. Mixed (Verbal and Non-verbal) Test:
(1) BinetTest – The individual is given credits in months for task
completed successfully, and the individual’s totals score is the sum
of the months of credit received for items passed. The total credit
in months (mental age) in conjunction with the individual’s
chronological age is converted into an intelligence quotient (I.Q.).
The test is valuable for children under 10 years old.
Example: If a person at the age of 20 was able to answer all the
questions up to the age of 12, 2 in 8, 1 in 9 and 1 in 10 and each of
the answers is equivalent to 2 months, then the person has an
intelligence or mental age of 12 years and 8 months.
(2) Wechsler Tests –consists of 12 subtests. The verbal test may
consist of information, general comprehension, similarities and
vocabulary. The performance test includes a variety of scales, like
pictures, arrangements, block designs, etc.
(3)
2. Intelligence Quotient (I.Q.)
Several test types are prepared corresponding to every age in months and
these are answered by the person examined. Number of months
 corresponding to the test type answered divided by the age of the person in
months is the intelligence quotient (I.Q.).

Mental Deficiency and Criminal Responsibility:

Imbecility, according to Article 12, par.1 of the Revised Penal Code, is an
exempting circumstance to criminal liability inferentially the condition of idiocy is
also an exempting circumstance in as much as it is of a much more deficient
degree as compared to imbecility.
Feeble-mindedness is mitigating circumstance provided in Article 13 par. 8, 9 or
even 10 of the Revised Penal Code.
Art. 12, Revised Penal Code, - Mitigating Circumstances – The following are
mitigating circumstances:
8. That the offender is deaf and dumb, blind or otherwise suffering from
some physical defect which thus restricts his means of action, defense or
communication with his fellow beings.
9. Such illness if the offender as would diminish the exercise of will-power of
the offender without however depriving him of consciousness of his acts.
10. And, finally, any other circumstance of a similar nature and analogous to
those above mentioned.
How the court Becomes Aware of the Mental Condition of a Person:
1. Any party in a proceeding may present evidences to show the mental
condition of a person. He who alleges something must prove the same by
presentation of evidence in support if his allegation. In a criminal
proceeding wherein the defense on insanity is invoked, the party must
present proofs that the accused is insane and does not know the nature
and quality if his act. In the probate of a will, the petitioner must present
evidence to show that the testator is of a sound and disposing mind at the
time of execution of a will.
2. Upon motion of one of the parties, the court may issue an order to sybmit a
person to a physical and mental examination.
Rule 28, Rules of Court:
Physical and mental examination of person:
Sec. 1. When examination may be ordered – In an action in which the mental
or physical condition of a party is in controversy, the court in which the action
is pending may in its discretion order him to submit to a physical and mental
examination by a physician.
Sec. 2. Order for Examination – The order for examination may be made only
on motion for good cause shown and upon notice to the party to be examined
and to all other parties, and shall specify the time, place, manner, conditions
and scope if the examination and the person or persons by whom it is to be
made.
Sec. 3. Report of findings. – If requested by the person examined, the party
causing the examination to be made shall deliver to him a copy of a detailed
written report of the examining physician setting out his findings and
 conclusions. After such request and delivery the party causing the
examination, previously or thereafter made, of the same mental and physical
condition. If the party examined refuses to deliver such report the court on
motion and notice may make an order requiring delivery on such terms as are
just, and if a physician fails or refuses to make such a report the court may
exclude his testimony if offered at the trial.

Ways of Hospitalizing an insane Person:

1. Judicial Method:
a. Upon petition by the Director of Health.
b. The court upon knowledge that the imbecile or insane committed a
felony.
2. Extra-judicial Method:
a. Voluntary
b. Involuntary

III. MALINGEERING
Malingeering is the feigning or simulation of a disease of injury
characterized by orientation , exaggeration and inconsistency,
Causes of malingering:
1. To Avoid Military of naval Training:
A person may feign disease or injury because he is required by law to
undergo military or Naval training. Under the National Defense Act
(Commonwealth Act. No. 1) all male citizens of the Philippines who have
reached 20 years of age must undergo military training under penalty of law
for failure to do so. All male college students enrolled must have at least two
years of military training as a requisite for graduation. For some reason or
cause, a person may malinger disease or injury so that he will not be
subjected to such a requirement.
2. To Avoid Court Summon:
A person may have received a summon from a court requiring him to
appear on a specified date, time and place but refuses to appear because he
is a defendant in the case wherein he wants to delay the proceeding, or he is
afraid to be subjected to the ordeal of direct and cross examination. He may
simulate that he is suffering from a disease or injury which incapacitate him
to attend the trial.
3. As a defense to a Criminal Prosecution:
Impotency may be utilized by the defendant in the prosecution of the
crime of rape. An accused while on trial may allege that is not possible for
him to commit the crime of rape because he is impotent.
4. To Increase Civil Liability:
 A plaintiff in a civil action for the recovery of damages and for the
injury sustained may exaggerate the physical disability so that he may
receive bigger award from the court.
5. To Promulgate Sympathy:
A beggar may exaggerate incapacity or simulate disease or injury so
that the public may be more sympathetic towards him and give him more
alms.
Types of Malingering:
1. “Feigned or Fictitious” Malingering.
Malingering is built up out of pure imagination and does not have the
slight basis of fact. The disease or injury which a person allegedly is
suffering from does not exist at all.
Example: A person may simulate that he is totally blind while in fact both
eyes are normal.
2. “Factitious” Malingering
This is a form of malingering whereby something really exists but is
converted to a more serious disability or injury to an exaggeration of the real
complaint.
Example: A person might have received a small superficial scratch but
complained of severe and unbearable pain and incapacity to move.

Points which Make a Physician Suspect that a Person is Malingering:

1. Presence of a Cause for the Subject to Malinger:
2. Inconsistency Between the Injuries or Disease Suffered from and the
Symptoms or Disability Manifested:
3. Symptoms Not Supported with Organic Lesion
4. Abrupt Onset of Symptoms
5. Refusal to be Subjected to Painful or Annoying Treatment
Ways to Determine Malingering
The test may be:
1. General Procedure – The method is applicable to all forms of malingering
a. Observation of the subject during his unguarded moments
b. Complete history and physical examination
c. Application of general anesthesia
d. Application of sudden unexpected minimal amount of electrical stimulus
2. Specific Procedure.
a. Feigning Blindness
b. Feigning Deafness – method to determine whether only one of the ears is
allegedly deaf.
c. Feigning Insanity

OTHER CONDITIONS MANIFESTING OR SIMULATING DISTURBANCE OF

MENTALITY
1. Somnambulism – abnormal mental condition whereby a person is performing
an act while in the state of natural sleep. Might be concentrated in a
particular train of idea or obsessed by certain thoughts which baffled his
mind that he tried to execute it while in the state of sleep. A somnambulist
has no recollection of the events occurring during the fit and in several
courts of different countries somnambulists are exempted from criminal
liability. In a case cited by Modi, Maggie Alexander was charged of having
killed her child with a razor while in the state of sleep. In the case of People
v. Gimena (55 Phil 604) the defendant attacked his wife with a bolo. The
defense was that he was in the state of somnambulism when he attacked his
wife.
2. Semisomnelence or Somnolencia – A persong is in a semisomnolence state
when he is half sleep or in a condition between sleep and waking. A persong
may be suddenly aroused and may unconsciously commit a criminal act, like
murder, infanticide or parricide, or some other crimes, whie his mind is at
the state of confusion.
3. Hypnotism or Mesmerism – A person is made unconscious by the influence
of the hypnotist. He may commit criminal act while under the influence of
hypnotism which he may not be capable of doing while under a normal state.
A person cannot be hypnotized against his will, and if a person volunteers to
be hypnotized he must anticipate all the consequences of his acts while
under the hypnotic spell.
4. Delirium – state of confusion of the mind. It is characterized by incoherent
speech, hallucination, illusions, delusions, restlessness and apparently
purposeless motions. A person may, when under the state of delirium,
commit a crime.