1. Legal Medicine and Medical Jurisprudence Sec.

  5.   Additional   requirements   for   other   applicants.   -­‐    

2. Medical Science and the Law xxx     No   applicant   shall   be   admitted   to   the   bar  
3. Criminal Investigation examinations   unless   he   has   satisfactorily  
4. Death completed  the  following  courses  in  a  law  school  or  
  university   duly   recognized   by   the   government:  
  civil   law,   commercial   law,   remedial   law,   criminal  
LEGAL  MEDICINE  AND  MEDICAL  JURISPRUDENCE   law,   public   and   private   international   law,   political  
Ivy  D.  Patdu,  MD,  REB,  JD   law,   labor   and   social   legislation,   medical  
What  happened?   jurisprudence,  taxation  and  legal  ethics.  
   
Joseph   Schwegmann,   62,   who   has   been   with   the   Law  and  Medicine  
Archdiocese   of   Cagayan   de   Oro   for   20   years,   was    
discovered  at  around  11:30  a.m.  inside  his  room  at   It  is  inevitable  that  the  two  disciplines  intersect.        
the   Missionary   Society   of   St.   Columban   at   the   Medical  knowledge  and  the  forensic  science  can  help  
corner   of   Singalong   and   Remedios   Streets   in   elucidate  legal  problems.  
Malate.   The  practice  of  medicine,  administration  of  hospitals  and  
  other  health  related  fields  remain  to  be  governed  
by  law.  
Police   Officer     Amelito   Lopez,   of   the   Manila   Police    
District   (MPD)   Homicide   Section,   said   Application  of  Medicine  to  Law  
Schwegmann   arrived   at   the   missionary   house   on    
Monday   morning   and   stayed   inside   his   room   to   CIVIL  LAW  
prepare  for  his  flight.    He  was  supposed  to  return   determination  of  civil  personality    (NCC,  art  40,41,42)  
to  the  US  on  Wednesday  afternoon.   limitation  of  person’s  capacity  to  act    (NCC,  article  38,  
  39)  
marriage  and  legal  separation  -­‐  psychological  incapacity  
A   report   sent   to   the     investigator   revealed   that   hours   paternity  and  filiation    
before   noon   of   Wednesday,   the   staff   of   the   testamentary  capacity  of  a  person  making  a  will  
missionary  house  began  to  wonder  why  the  priest    
had  not  shown  any  signs  that  he  was  preparing  for    
his   departure.     A   member   of   the   staff,   Jonathan    
Salva,   then   decided   to   knock   on   his   door   to   Application  of  Medicine  to  Law  
inquire.    When  there  was  no  response,  Salva  used    
a   duplicate   key   to   open   the   door   to   the   room   CRIMINAL  LAW  
where  he  discovered  the  victim's  body.   Circumstances  affecting  criminal  liability    (insanity)  
  Crimes  against  persons  
Crimes  against  chastity  
Lopez  noted  that  while  the  body  bore  no  external   Dangerous  Drugs  Act  
injuries,  it  was  already  bloated,  showing  that  the   VAWC  
priest  could  have  been  dead  for  sometime.  He    
offered  the  theory  that  the  elderly  priest  died  of  a    
natural  cause.    
  Application  of  Medicine  to  Law  
Jeanette  Andrade,  Elderly  American  Priest  Found  Dead  in    
Manila,  Yahoo!  News  (June  1,  2012),   REMEDIAL  LAW  
http://ph.news.yahoo.com/elderly-­‐american-­‐ Physical  and  mental  examination  of  the  person    (rule  28)  
priest-­‐found-­‐dead-­‐manila-­‐092007399.html    (last   Proceeding  for  hospitalization  of  an  insane  person  (rule  
accessed  on  June  3,  2012).   101)  
  DNA  evidence  
 
   
   
 Rules  of  Court,  Rule  138  §5     Application  of  Medicine  to  Law  
   Application  of  Medicine  to  Law    
REMEDIAL  LAW    
Physical  and  mental  examination  of  the  person    (rule  28)    
Proceeding  for  hospitalization  of  an  insane  person  (rule   Medical  Jurisprudence  
101)    
DNA  evidence   Legal  aspect  of  medical  practice  (Solis,  Medical  
  Jurisprudence  p.1)  
  Application  of  Law  to  Medicine        
   
Application  of  Medicine  to  Law    
  Forensic  Science  
Labor  Law  –  Employee’s  Compensation   Application  of  a  broad  range  of  scientific  disciplines  to  
Insurance  Law   public  or  legal  concerns  
Special  laws  –  Juvenile  Justice  Act,  Code  of  Sanitation   Forensic  Medicine  
Capacity  to  Enter  Contracts    
  Forensic  Medicine  –  branch  of  medicine  that  deals  with  
  use   of   medical   knowledge   to   elucidate   legal  
  problems;   sometimes   it   is   used   synonymously  
  with  Legal  Medicine.  
   
Application  of  Law  to  Medicine   Introduction  to  the    Diffferent  Disciplines  
  Forensic  Medicine  
Regulation  of  Professions  –  Medicine  and  Allied  Medical    
Sciences   Clinical  Forensic  Medicine  
Licensing  of  Hospitals   Forensic  Pathology  
Duties  imposed  by  law  on  Health  Care  providers   Forensic  Psychiatry  
Health  Insurance    
Health  related  Laws    
  Clinical  Forensic  Medicine  
   
  Clinical  Forensic  Medicine  –branch  of  medicine  that  
Application  of  Law  to  Medicine   deals  specifically  with  cases  involving  both  legal  
  and  medical  aspects  of  patient  care.  
Medical  Negligence    
Hospital  Liability   Examples:    Request  for  Physical  Examination  of  person  in  
Health  Maintenance  Organizations   custody,  Aging  of  Wounds  to  determine  if  
Medical  Privacy   consistent  with  Alleged  date  of  infliction  
Rights  of  Patients    
Medical  Records    
   
 
  Forensic  Pathology  
Scope  of  the  Course    
Legal  Medicine   Forensic  pathology  –  subspecialty  of  pathology  that  
Medical  Jurisprudence   focuses  on  medico-­‐legal  death  investigation;  for  
Forensic  Science   death  under  suspicious  circumstances,  medico-­‐
Forensic  Medicine   legal  officer  can  conduct  an  autopsy  
Legal  Medicine    
 
Branch  of  medicine  which  deals  with  the  application  of   Autopsy  
medical  knowledge  to  the  purpose  of  law  and  in   Code  on  Sanitation,  P.D.  856  §95 (1975)  
the  administration  of  justice    (Solis,  Legal  medicine    
p.  1)       Person  authorized  to  perform  Autopsies:  
 1.  Health  officers;    
2.  Medical  officers  of  law  enforcement  agencies;  and   Forensic  Science  
3.  Members  of  the  medical  staff  of  accredited  hospitals.    
  Forensic  entomology  
Autopsy   Forensic  ontology  
  Forensic  anthropology  
Autopsies  shall  be  performed  in  the  following  cases:   Forensic  toxicology  
  Forensic  Chemistry  
Whenever  required  by  special  laws   Forensic  Computer  Science  
By  Order  of  Court  or  Fiscal    
Upon  written  request  of  police  authorities  
Whenever  the  Solicitor  General,  provincial  or  city  fiscal    
as  authorized  by  existing  laws,  shall  deem  it    
necessary  to  disinter  and  take  possession  of   Forensic  Entomology  
remains  for  examination  to  determine  the  cause    
of  death   Forensic  Entomology  –  application  of  knowledge  about  
Whenever  the  nearest  kin  shall  Request  in  writing    by   insects,  insect  identification;    knowledge  of  their  
nearest  of  kin  the  to  ascertain  the  cause  of  death   developmental  and  reproductive  stages  to  deal  
  with  legal  problems  such  as  time  of  death,  and  
Autopsy   reconstruction  of  crime  scene.    
 
Autopsies  may  be  performed  on  patients  who  die  in  
accredited  hospitals  subject  to  the  following   Forensic  Odontology  
requirements:    
  Forensic  Odontology  –  the  application  odontology  to  
1.  The  Director  of  the  hospital  shall  notify  the  next  of  kin   legal  problems  such  as  identification  of  human  
of  the  death  of  the  deceased  and  request   remains,  and  analysis  of  bitemarks  
permission  to  perform  an  autopsy.    
2.  Autopsy  can  be  performed  when  the  permission  is  
granted  or  no  objection  is  raised  to  such  autopsy   Presidential  Decree  No.  1575  requires  practitioners  of  
within  48  hours  after  death.   dentistry  to  keep  and  maintain  an  accurate  and  
3.  In  cases  where  the  deceased  has  no  next  of  kin,  the   complete  record  of  the  dentition  of  all  their  
permission  shall  be  secured  from  the  local  health   patients.    
authority.   Upon  the  lapse  of  ten  years  from  the  last  entry,  dental  
  practitioners  shall  turn  over  the  dental  records  of  
their  patients  to  the  National  Bureau  of  
Behavioral  Science   Investigation  for  record  purposes  
     
Forensic  Psychiatry  –  use  of  psychiatric  evaluation  and  
knowledge  on  human  behavior  to  elucidate  legal   Forensic  Anthropology  
problems,  provision  of  therapeutic  services    
Forensic  Psychology  –  use  of  knowledge  of  the   Forensic  Anthropology  –discipline  concerned  with  study  
behavioral  science  for  assessment  of  criminal   of  skeletonized  human  remains  as  they  apply  to  
behavior,  provision  of  therapeutic  services   identification,  determination  of  age,  sex,  presence  
provided  to  individuals  in  forensic  settings     of  trauma  or  disease,  includes  both  anthropology  
  and  archaeology    
Behavioral  Science   Anthropology  is  the  study  of  humans,  their  cultures,  and  
  their  biology.  
Application:  Determination  of  Age,  Capacity  to  Act  and    
competence,  Circumstances  that  modify  criminal    
liability,  Drug  abuse,  mental  illness,  suicide,  sexual  
deviance,  Support  for  Victims  of  Sexual  Assault,   Forensic  Toxicology  
Violence  or  Abuse,  Criminal  Profiling    
 Forensic  Toxicology  –  discipline  that  concerns  itself  with    
a   study   on   drugs   and   metabolites   in   biological   History  
fluids  with  application  in  medico-­‐legal  cases;  study    
of  poisons  and  the  different  types  of  poisoning.              
Forensic  Chemistry   History  
  So  the  other  disciples  told  him,  “We  have  seen  the  
Forensic   Chemistry   –   scientific   examination   and   Lord!”        But  he  said  to  them,  “Unless  I  see  the  nail  
identification     of   physical   evidence   such   as   blood   marks  in  his  hands  and  put  my  finger  where  the  
and   seminal   fluids,   gunpowder   residues,   nails  were,  and  put  my  hand  into  his  side,  I  will  not  
explosives,   hairs   and   fibers,   tool   marks,   glass   believe.”  (John  20:25)  
fragments/fractures,  paints  and  soil      
Forensic  Chemistry   St.  Thomas  the  Doubter  –  said  to  be  the  patron  saint  of  
Forensic  instrumentation  -­‐    analytical  chemistry  such  as   Forensic  Science  
spectroscopy  (how  a  material  absorbs  light  –    
comparison  of  paint  chips,  textile  fibers),   History  
chromatography(techniques  to  separate  mixtures    
of  solids  or  liquids  into  individual  components  for    
analysis  of  drugs,  explosive  residues)  and   History  
microscopy  as  applied  to  forensic  examinations.    
Forensic  Chemistry   Hippocrates  (460-­‐355  BC)  –  discussed  lethality  of  
DNA  Analysis  –  use  of  DNA  to  elucidate  legal  problems   wounds  
including  identification  of  body  fluids,  stains,  and   Antistius    -­‐  he  is  the  forensic  pathologist  who  performed  
determination  of  species.     an  autopsy  on  Julius  Cesar  (100-­‐44  BC)  and  found  
  out  that  Julius  Cesar  suffered  from  23  wounds,  
Forensic  Computer  Science   only  one  penetrated  the  chest  cavity  through  the  
  space  between  the  first  and  second  ribs.  
Forensic   Computer   Science   –   the   application   of    
knowledge   on   computers   and   technology   to    
elucidate   legal   problems   such   as   recovery   and   History  
analysis   of   digital   evidence,   documentation   and    
interpretation   of   computer   data,   and   other   legal   Song  Ci  –  Father  of  forensic  medicine  
issues  involving  use  of  computer  or  networks  as  a     He  published  a  5  volume  book  on  forensic  
tool  or  target  in  the  commission  of  the  crime.     medicine  that  was  useful  reference  for  the    
Others     Justice  bureaucracy,  His  Yuan  Lu  (Instructions  to  
Questioned   Document   Examination   -­‐     study   of   all   types   Coroner),  included  topics  like  abortion,  
of   questioned   documents   including   handwriting   infanticide,  drowning,  poisoning,  examination  of  
analysis,  examination  of  signatures,  study   of dead  
 document   alterations   of   obliterations   and    
examination  of  counterfeit  bills      
  Forensics  in  the  Philippines  
Forensic  Photography  –  documentation  of  crime  scene    
and  physical  evidence   1858    -­‐    first  medical  textbook  related  to  medico-­‐legal  
  practice  by  Spanish  Physician  Dr.  Rafael  Genard  y  Mas  
Others   1871  -­‐    Legal  Medicine  was  included  as  a  subject  in  the  
Dactyloscopy  -­‐  study  of  fingerprint  principles  in  criminal   School  of  Medicine  of  Real  y  Pontifica  Universidad  de  
investigation   Santo  Tomas  
  1895  –  Medico-­‐legal  laboratory  was  established  in  the  
  City  of  Manila  
   
   
  Forensics  in  the  Philippines  
Polygraphy-­‐    specific  detection  of  deception  in  relation    
to  criminal  investigation.   December  10,  1937  –  Commonwealth  Act  No.  181  was  
 passed  creating  the  Division  of  Investigation  under   investigations:  
the  Department  of  Justice.    Medico-­‐Legal  Section   National  Bureau  of  Investigation  –  Taft  Avenue,  Manila  
was  an  integral  part  and  Dr.  Gregorio  Lantin  was   Philippine  National  Police  –  Camp  Crame,  Quezon  City-­‐    
chief   Scene  of  the  Crime  Operation  (SOCO  Units)  
June  19,  1947  –  Republic  Act  No.  157  created  the  Bureau   Local  Crime  Laboratories  
of  Investigation   Resources  usually  go  to  analysis  of  drugs  and  DNA  
June  18,  1949  –  Republic  Act  409  –  creation  of  the  Office    
of  the  Medical  Examiners  and  Criminal    
Investigation  Laboratory  under  the  Police   Crime  Laboratory  
Department  of  the  City  of  Manila    
  Physical  Science  Unit  –  analysis  of  object  evidence  at  
Read  Solis,  Legal  Medicine,  6-­‐11  (1988)   crime  scene  
  Biology  Unit  –  analysis  of  trace  evidence  (blood,  fibers,  
  DNA)  
CSI  TV  Shows  –  fact  or  fiction?   Firearms  Unit  –  analysis  of  ballistics  
  Document  Examination  Unit  –  handwriting  analysis  
State-­‐of-­‐the  art  technology         Photography  Unit  –  documentation  
Single  hair  or  flake  of  paint  leads  to  culprit     Others:  toxicology  unit  (biological  fluids),  fingerprint,  
glamorous  CSIs       polygraph,  evidence-­‐collection  
CSIs  confronting  witnesses  during  the  investigation    
Persons  under  investigation  will  confess    
  NBI  Technical  Divisions  
  Behavioral  Science  Division  
Dactyloscopy  Division  
  Electronic  Data  Processing  Division  
  Firearms  Investigation    Division  
  Forensic  Chemistry  Division  
Modern  Forensics   Identification  and  Records  Division  
  Medico-­‐Legal  Division  
Before,  criminal  investigation  relied  on  fingerprints  and   Photography  and  Publication  Division  
eyewitness   Polygraph  Division  
Trace  evidence   Questioned  Documents  Division  
DNA  Evidence   PNP  Frontline  Services  
Improved  Database   Autopsy  (P1200)    
  Histopathological  Examination  (P1000)  
  DNA  Examination  (P20,000  per  specimen)  
  Drug  Test  (P400)  
Fingerprint  Database   Examination  of  Altered  or  Erased  Documents,  
  Counterfeit  bills  (P2000)  
Fingerprint  database  in  the  Philippines    
Fingerprint  database  –  mostly  those  with  criminal   PNP  Frontline  Services  
records   Handwriting  (P3500)  
Half  a  million  prints  in  database   Signature  Examination  (P2000)  
39M  unclassified  fingerprint  cards   Polygraph  Examination  (P600)  
 Automated  Fingerprint  Identification  System  or  (AFIS)  -­‐   Semen  Determination  (P500)  
which  can  process  40,000  prints  a  minute   Serology  Examination  (P500)  
  Virginity  Determination  (P100)  
   
 
   
Forensics  in  the  Philippines    
  Senate   Bill   No.   1868   -­‐   seeks     to     establish   and   provide  
Major  agencies  of  government  concerned  with  forensic   funding   for   a     Forensic     Science     Institute   in    
 the     University     of   the     Philippines     system   to  
provide   competent,     scientific   and     modern  
technical     services     for     the   detection   and  
investigation  of  crimes.  
Technical  Group  already  working  on  curriculum  for  a  B.S.  
Forensic  Science  under  CHED  
 
 
 

 
 
        THANK  YOU.  
 
 
 Medical Science and the Law Gestational Age
Ivy D. Patdu, MD REB JD The law assumes that a baby born at 7 months
would survive.

• Mr. Santos, a rich man, decided to donate P5M to the

unborn child of Ms. Cruz. The legal documents were • In the Philippine General Hospital – a baby born
executed and the money was given to Ms. Cruz. at 27 weeks survived

• While Ms. Cruz was only eight months pregnant, she went
into labor. She delivered a baby girl who died within one
• In the United States – A baby named Amillia
Taylor was born at 21 weeks and 6 days weighing
hour after birth. Mr. Santos, upon learning of the death of only 283 grams (2006)
the child, wanted to get back the P5M he donated. If you
were the lawyer consulted by Mr. Santos, what would you
advise?
Amilia Taylor
When is a Person considered born?

• Art. 40. Birth determines personality; but the conceived

child shall be considered born for all purposes that are
Gestational Age

favorable to it, provided it be born later with the conditions

specified in the following article. • Counted from first day of last menstruation
of mother
• Art. 41. For civil purposes, the fetus is considered born if it
is alive at the time it is completely delivered from the • May also be based on early ultrasound

•
mother's womb. However, if the fetus had an intra-uterine
life of less than seven months, it is not deemed born if it From first day of last menstruation –
dies within twenty-four hours after its complete delivery expected date of delivery will be from 38 to
from the maternal womb. 42 weeks
What is the Intrauterine Life?
A conceived child shall be considered born for all
purposes favorable to it provided that:

•Delivered alive – INTRAUTERINE LIFE of 7

months or older (7m, >7m)

• Delivered alive at less than 7 months, does NOT

die within 24 hours (<7m) • A laborer brought his wife who was 38 weeks pregnant to
the hospital because of abdominal pain. The wife went
into labor but the child died during delivery. The laborer
• Whether an infant survives for 24 hours is a
determination made in the hospitals or by
claimed for a paternity leave and bereavement leave for
death of a dependent as provided for in their collective
bargaining agreement. The company allowed him
someone who attends to a woman during paternity leave but refused to allow the bereavement
childbirth. In very rare instance, some leave.
newborn babies would appear dead but are
in fact still alive.

• Lazarus syndrome – autoresuscitation after

failed cardiopulmonary resuscitation • Company claimed that the child was not born alive and
could not have acquired juridical personality. Company
 claimed that a dead fetus which did not acquire juridical
personality will not entitle the laborer to a bereavement
leave allowed under the CBA for the death of a dependent.
• Abortion practiced by the woman
herself of by her parents
If you were deciding the case, how will you rule?

•
[Continental Steel Manufacturing Corporation vs.
Montaño, 603 SCRA 621(2009)] Abortion practiced by a physician or
midwife and dispensing of abortives

Abortion
Medical Definition

• Abortion – products of conception expelled at

20 weeks or less (24 weeks)
Intentional Abortion

•Fetal death in utero - More than 20 weeks or

• use of any violence upon the person of the
pregnant woman.
weighs 500g or more

Criminal law – considers viability or capability of • Abortion caused by trauma - as a

caused by event/trauma that
rule,
independent existence
occurred weeks before (more fatal in later
stages of pregnancy)

• In later stages, a fetus might die because of

Uterine rupture, Placental Abruption
Abortion

• Aborted baby
at 15 weeks

• Usual Causes
Intentional Abortion

of Abortion: 2. without using violence

• infection, nutrition, anatomic

• could be drugs
abnormalities, alcohol and tobacco,
chromosomal abnormalities of fetus
• ex. morning after pills – not legal, alter hormone
levels to prevent implantation

Abortion
RPC – arts. 256, 257, 258, 259 Unintentional Abortion

• Intentional Abortion Art. 257. Unintentional abortion. xxx any person

who shall cause an abortion by violence, but
• Unintentional abortion
unintentionally.

• Abortion practiced by a physician or
midwife taking advantage of their scientific
knowledge or skill, shall cause an abortion
or assist in causing the same.
•
Dispensing of abortive by pharmacist
without prescription
Ex. Cytotec (misoprostol) for
ulcer
Infanticide
Art. 255. Infanticide. — The penalty provided for
parricide in Article 246 and for murder in Article
248 shall be imposed upon any person who shall
kill any child less than three days of age. xxx
• A man came home to his 6-month pregnant
wife. He then stabbed her 14 times. The
neighbors who heard the commotion went into
the house just as the man rushed out. They saw
the bloodied body of the dead wife and a dead
baby apparently delivered from the mother’s
womb. What crimes were committed?
• A man came home to his 6-month pregnant
wife. He then stabbed her 14 times. The
neighbors who heard the commotion went into
the house just as the man rushed out. They saw
the bloodied body of the dead wife and a dead
baby apparently delivered from the mother’s
womb. What crimes were committed?
CAPACITY TO ACT
•
NCC, Art. 38. Minority, insanity or
imbecility, the state of being a deaf-
mute, prodigality and civil interdiction
are mere restrictions on capacity to
act, and do not exempt the
incapacitated person from certain
obligations, as when the latter arise
from his acts or from property
relations, such as easements. (32a)
CAPACITY TO ACT
• Art. 39. The following circumstances,
among others, modify or limit capacity
to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty,
prodigality, family relations, alienage,
absence, insolvency and trusteeship.
The consequences of these
circumstances are governed in this
Code, other codes, the Rules of Court,
and in special laws. Capacity to act is
not limited on account of religious
belief or political opinion.
• A married woman, twenty-one years of
age or over, is qualified for all acts of
civil life, except in cases specified by
law. (n)
SEX
• SEX OF A CHILD –
• Genetic
• Appearance
- Imbecile - 2-7 years old, moderate to
severe mental retardation – IQ 20-49
•
-
See Republic vs. Cagandahan, 565
SCRA 72(2008) Moron – 7-12 years old, Mild mental
retardation -- IQ 50-69
Male or Female?
• IMBECILITY

• Terms used - idiot, imbecile, moron à mild

retardation, moderate retardation, severe
retardation, and profound retardation à
intellectual disability

• Intellectual disability – may be assessed by

psychologists and psychiatrists
AGE

• R.A. 9344, SEC. 6. Minimum Age of Criminal

• Causes: Trauma to head, genetics (Down
Syndrome), Infections (Meningitis), Lead
Responsibility. - A child fifteen (15) years of poisoning or exposure to toxic substances
age or under at the time of the commission
of the offense shall be exempt from criminal
liability.

• Sec. 7. xxx The age of a child may be

determined from the child's birth
certificate, baptismal certificate or any Deaf-Mute
other pertinent documents. In the absence
of these documents, age may be based on
information from the child himself/herself,
testimonies of other persons, the physical
appearance of the child and other relevant
• Hearing tests, Examination by an ENT

evidence. xxx

• *OLD AGE –over 70 years old – mitigating

Deaf-Mute
circumstance

• The absence of a qualified interpreter

in sign language and of any other
means, whether in writing or
otherwise, to inform the accused of
IMBECILITY the charges against him denied the
accused his fundamental right to due
• Wechsler IQ test ratings identify those process of law. [People vs. Parazo,
310 SCRA 146(1999)]
as imbeciles who suffer moderate
mental retardation.
INSANITY

- Idiot - 2 years old, profound Mental

• INSANITY - a person with a psychiatric
Retardation IQ – below 20
 condition is considered insane, usually
those who suffer hallucinations, delusions,
disordered thinking
• Lucid intervals - usually, those with a
psychiatric condition, controlled by
medication, or therapy would “think clearly”
• Ex. Schizophrenia (medical criteria)
INSANITY
John Nash
INSANITY
• Schizophrenia - typically begin between
adolescence and early adulthood for males
and a few years later for females, and
usually as a result of a stressful period
(such as beginning college or starting a first
full time job).
• delusions and hallucinations, disorganized
behavior and/or speech, flattening or
inappropriate affect
INSANITY
•1.Bipolar I disorder
at least one manic episode a person must have
at least one manic episode (Mania – intense high,
euphoria, feels indestructible, elevated self-
esteem, talkative)
2. Depression develops as mania fades,
consequences of activities becomes apparent
• Developmental disorders include autism
and mental retardation, disorders which are
typically first evident in childhood
• Personality disorders are clinical
syndromes which have a more long lasting
symptoms and encompass the individual's
way of interacting with the world. They
include Paranoid, Antisocial, and
Borderline Personality Disorders.
PSYCHOLOGICAL INCAPACITY
• the intention of the law to confine the
application of Article 36 to the most
serious cases of personality disorders,
clearly demonstrative of an utter
insensitivity or inability to give
meaning and significance to the
marriage; that the psychological
illness that must have afflicted a party
at the inception of the marriage should
be a malady so grave and permanent
as to deprive one of awareness of the
duties and responsibilities of the
matrimonial bond he or she is about to
assume. [Suazo vs. Suazo, 615 SCRA
154(2010)]
PSYCHOLOGICAL INCAPACITY
• Pathological Lying (Magical Thinking) -
Antonio vs. Reyes, 484 SCRA 353, March
10, 2006
• Constant nonfulfillment, senseless and
protracted refusal to have sexual
intercourse [Chi Ming Tsoi vs. Court of
Appeals, 266 SCRA 324(1997)]
INSANITY MENTIONED IN LAW
• Competency to stand Trial
•
Exempting Circumstance
• Death convict who becomes insane after his
final conviction cannot be executed while in
 a state of insanity been deprived completely of reason

• Detention by reason of insanity or imbecility

is not considered a penalty
and freedom of the will at the time of
the commission of the crime, or that
he must have acted without the least
discernment. Mere abnormality of the
accused’s mental faculties does not
exclude imputability. [People vs.
Aquino, 322 SCRA 769(2000)]
INSANITY

• Violent insanity shall be considered legal

grounds for the detention of any person

• Raises penalty for rape, serious physical

injuries, if victim becomes insane; rape if
victim is insane

• Ground for annulment

BWS

• Capacity to give consent to contract

[Unsound Mind]
• R.A. 9262, Sec. 3(c)"Battered Woman
Syndrome" refers to a scientifically
defined pattern of psychological and
behavioral symptoms found in women
living in battering relationships as a
result of cumulative abuse.
INSANITY

• CRIMINAL INSANITY - individual’s make-up

• Sec. 26 xxx In the determination of
the state of mind of the woman who
at the time of the offending act was such
that, with respect to criminality of his was suffering from battered woman
conduct, he substantially lacked capacity to syndrome at the time of the
act rationally commission of the crime, the courts
* ignorance – lack of understanding shall be assisted by expert
* compulsion – irresistible impulse
psychiatrists/ psychologists.

• Legal standards for criminal insanity do not

match the psychiatric diagnostic criteria

NO TEMPORARY INSANITY

• Neither are we persuaded by

• “Battered Woman Syndrome” - three
phases: (1) the tension-building phase-
EDGARDO’s plea of “temporary
minor batterings in the form of verbal
insanity.” As the OSG aptly stated,
or slight physical abuse; woman tries
“temporary insanity” is not recognized
to pacify the batterer through a show
in this jurisdiction. Insanity, under
of kind, nurturing behavior; or by
Article 12 of the Revised Penal Code,
simply staying out of his way; (2) the
connotes that the accused must have
 acute battering incident phase - Diseases that could Affect Soundness of
characterized by brutality, Mind
destructiveness and sometimes,
death. The battered woman realizes • Multiple sclerosis
that she cannot reason with him and
that resistance would only exacerbate
• Psychiatric Conditions: severe depression,
bipolar disorder, schizophrenia
her condition; and (3) the tranquil
period, where the couple experience a • Alzheimer’s disease
compound relief and the batterer may
show a tender and nurturing behavior • Stroke, cerebrovascular diseases
towards his partner [People vs.
Genosa, 419 SCRA 537(2004)]
• Metabolic disorders

• Hepatic encephalopathy

• Meningitis

Filiation
Family Code, art. 164

The Unsound Mind

• Children conceived as a result of artificial
insemination of the wife with the sperm of
the husband or that of a donor or both are
• Insanity or Imbecility – cannot give consent
to a contract
likewise legitimate children of the husband
and his wife, provided, that both of them
authorized or ratified such insemination in a

• Unsound mind – does not have

testamentary capacity
written instrument executed and signed by
them before the birth of the child.

Filiation
1. Artificial Insemination – sperm is placed in
reproductive tract of female
The Unsound Mind 2. In vitro Fertilization – test tube baby
Civil Code, Art. 799. To be of sound mind, it is not
necessary that the testator be in full
possession of all his reasoning faculties, or
IN VITRO FERTILIZATION
that his mind be wholly unbroken,
unimpaired, or unshattered by disease,
injury or other cause.
It shall be sufficient if the testator was able
at the time of making the will to know the
nature of the estate to be disposed of, the
proper objects of his bounty, and the
• John and Marcia separated because
according to Marcia, John was unable to
character of the testamentary act.
fulfill her needs as a woman. After being
separated for a year, it then came to John’s
knowledge that Marcia gave birth to a baby
boy. John wanted to impugn the legitimacy
 of the child on the ground that he had been
previously diagnosed with low sperm count.
If he comes to you for help, what advice will
• Biological/Scientific Reasons – DNA,
Genetics
you give him?
Filiation

• Art. 166. Legitimacy of a child may be

impugned only on the following grounds:
Filiation

• (1) That it was physically impossible for the

husband to have sexual intercourse with his
wife within the first 120 days of the 300 days Filiation

•
which immediately preceded the birth of the
child because of: Impotence is the inability of a person to

• (a) the physical incapacity of the husband to

have sexual intercourse with his wife;
perform sexual intercourse. [erectile
dysfunction]

• (b) the fact that the husband and wife were

• Sterility is the inability of the male to beget
children [abnormal sperm, low sperm
living separately in such a way that sexual
count]
intercourse was not possible; or

• (c) serious illness of the husband, • Infertility is the inability of female to bear
children
which absolutely prevented sexual
intercourse;

Filiation PHYSICAL CAUSES

• Art. 166. Legitimacy of a child may be

impugned only on the following grounds:
• What can cause impotence?

• (2) That it is proved that for biological or

• Erectile Dysfunction

other scientific reasons, the child could not

have been that of the husband, except in
the instance provided in the second
paragraph of Article 164; or
• Medication: Antidepressants and
other psychiatric medications
• High blood pressure drugs

• (3) That in case of children conceived

through artificial insemination, the written
• Chemotherapy

authorization or ratification of either parent

was obtained through mistake, fraud,
• High Level Painkillers (Morphine,
Fentanyl)
violence, intimidation, or undue influence.
Filiation • Recreational Drugs

• Physical causes - impotence SERIOUS ILLNESS

• Serious illness – diseases that prevent

a man from achieving/sustaining an
• Illness:

erection • high blood (because of medications)


• diabetes (due to blood vessel and nerve
damage)
• heart failure
BIOLOGICAL/SCIENTIFIC EVIDENCE
• Rule on DNA Evidence 9(c) - DNA results
that exclude the putative parent from
paternity shall be conclusive proof of non-
paternity. If the value of the Probability of
Paternity is less than 99.9%, the results of
the DNA testing shall be considered as
corroborative evidence. If the value of the
Probability of Paternity is 99.9% or higher,
there shall be a disputable presumption of
paternity.
BIOLOGICAL/SCIENTIFIC EVIDENCE
•
DNA paternity testing – probability must be
99.9% (disputable presumption –
satisfactory unless contradicted by other
evidence)
• Blood type –
a. Type O + Type O = Type O
b. Type A + Type O = Type A, O
c. Type A + Type B = Type A, B, AB, O
• Physical Characteristics
Filiation
Filiation
Marriage
Family Code Art. 45. Annulment
(2) That either party was of unsound mind, unless
such party after coming to reason, freely
xxx
cohabited with the other as husband and
wife;
Marriage
Family Code Art. 45. Annulment
(5) That either party was physically incapable of
consummating the marriage with the other,
and such incapacity continues and appears
to be incurable; or
(6) That either party was afflicted with a sexually-
transmissible disease found to be serious
and appears to be incurable.
Marriage
Family Code Art. 46. Fraud as ground for
annulment
(2) Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a
man other than her husband;
(3) Concealment of sexually transmissible
disease, regardless of its nature, existing at
the time of the marriage; or
Marriage
Family Code Art. 46. Fraud as ground for
annulment
(4) Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
Justin and Selena got married. After one week,
Justin consulted with you because he
wanted to file for annulment. Apparently
Selena concealed that she was 4 months
pregnant by another man. Selena claimed
that Justin knew about the pregnancy and
promised to love her anyway. Selena said
that it would have been imposible conceal
her pregnancy given its advanced stage.
What will you advise?
Pregnancy
STD – curable, incurable
INCURABLE
• AIDS – HIV
*Condom – less risky sex
• Herpes - painful,
ulcerative blisters
or sores on the
genitals in both
men and women
STD – curable, incurable
CURABLE
• Syphilis – painless
chancre à
if untreated can cause
blindness,
numbness, nerve damage
 • Have you ever felt Guilty about
drinking?

STD – curable, incurable

CURABLE
• Have you ever felt you needed a drink
first thing in the morning (Eye-opener)

• Gonorrhea - burning sensation when

urinating; white, yellow, or green discharge
to steady your nerves or to get rid of a
hangover?
from the penis; increased vaginal
discharge, or vaginal bleeding between
periods.
Drug Addiction
•
•
Chlamydia
Drug Addiction – severe compulsion to seek
and take drugs; has serious physical,
mental and social consequences
Alcoholism
- detoxification, psychological treatment, social
• Alcoholism – it is a condition characterized support
by a compulsion to drink, dependence on
alcohol, prolonged use affects the brain

• Treatment- Detoxification, Control of

Withdrawal Symptoms, Psychological THANK YOU!
Support

CRIME SCENE INVESTIGATION

Ivy D. Patdu, MD JD
Alcoholism Criminal Investigation
Two "yes" responses Criminal Investigation – is a process where
indicate that the authorized persons, usually part of the law
respondent should enforcement agency, determines if a
be investigated violation of the law has been committed,
further. including who is responsible and who has
The questionnaire been victimized, through the discovery,
asks the following collection, processing and reporting of all
questions: forms of evidence

Alcoholism Crime Scene Investigation – is a component of

criminal investigation and refers to the

• Have you ever felt you needed to Cut

complete process of obtaining evidence
and relevant information in an area where a
violation of law is supposedly committed
down on your drinking?

• Have people Annoyed you by

Overview of Crime Scene Investigation
Securing and initial management of the Crime
criticizing your drinking? Scene
Documentation
Walk Through and Crime Scene Search
Obtaining and Processing Evidence
Locard’s principle of exchange – objects that
come in contact with each other always
transfer material to each other
in attempting to identify an individual, crime
scene investigators work with the notion
that in nature no two individuals are
identical and as individuals we are all
unique.
Overview of Crime Scene Investigation
Questions that must be kept in mind by the
investigator
Has a crime been committed?
Consider what crime, and what evidence would
be relevant
Try to obtain information related to what, when
and how a crime was committed
Who may have committed the crime?
Crime Scene investigators should watch out for
evidence that may point to the identity of
the perpetrator of the crime
Overview of Crime Scene Investigation
Who is the victim?
Evidence that may provide information about the
victim, his or her identity, lifestyle, and
personal circumstance are relevant
Why was the crime committed?
The investigator should consider as relevant
evidence that might point to intent or motive
in the commission of the crime
Securing and initial management of the Crime
Scene
What needs to be done?
Securing and initial management of the Crime
Scene
Emergency Management – when a crime scene
has been reported, the initial responders
must prioritize emergency situations
A violent suspect may still be in the crime scene
posing a risk to the police officers, crime
scene investigators, or other people in the
area
Victims of the crime may still be alive requiring
immediate medical assistance
Crime Scene Investigation begins with securing
the crime scene for purposes of:
safety
medical assistance
preservation of crime scene
Cordon crime scene with whatever material
available
People must not go in and out of a crime scene
On-site assistance should disturb as little as
possible in a crime scene but the victims
should receive immediate attention and
transferred to appropriate treatment facility
Media must be controlled
Failure to control a crime scene could be fatal to
the prosecution’s case because it could
lead to a claim of “contaminated evidence”
*Evacuate injured persons to nearest hospital
*Witnesses and Possible Suspects should be
taken in custody, kept calm and isolated
Supposed witnesses may be suspects
Supposed victims may be perpetrators of the
crime
Initial impressions and reports of witnesses are
important
A dying person may provide important
information or confession (dying
declaration)
Requisites of a “Dying Declaration” are:
1. That death is imminent and the declarant is
conscious of that fact;
2. That the declaration refers to the cause and
surrounding circumstances of such death;
3. That the declaration relates to facts which
the victim is competent to testify to; and
4. That the declaration is offered in a case
where in the declarant’s death is the
subject of the inquiry.
If it is a complex case, a command center may be
needed to keep track of the different teams
of investigator, to serve as communication
 center, and to aid in processing of collected
evidence.
Overview of Crime Scene Investigation
Securing and initial management of the Crime
Scene
Documentation
Walk Through and Crime Scene Search
Obtaining and Processing Evidence
DOCUMENTATION
DOCUMENTATION
Part of crime scene investigation from beginning
to end
If resources allow, a separate team is usually in
charge of documentation
The first responders and officers who arrive at
the scene should be interviewed for their
initial impressions
DOCUMENTATION
Documentation involves (1)making notes, (2)
Photography/Videography, (3) Sketching
Items that may be relevant are marked or
numbered, photographed and sketched
before they are moved
Notes
Note Taking during the investigation aids in
making a reliable and valid report,
especially information that may no longer
be recalled as the investigation proceeds
Notes should include date and time, description
of the physical scene, a report on the first
responders, and any other information that
appears relevant
Notes
Photography/Video
Purpose - to reproduce the undisturbed crime
scene
General area of commission of the crime should
be photographed taking into consideration
the critical areas, entry and exit points
Initial pictures should be overlapping, include
general view and focused view
If a body is photographed, the injury in relation to
body and surroundings are taken first
before a detailed and closer picture
Photography/Video
*Laboratory Photography – microphotography,
macrophotography
laser-beam photography, Ultraviolet-light
photography (fluorescent or blue light)
Sketches
“Rough sketch” – initial sketch which provides a
general lay-out of the crime scene, the
location of the body or significant objects; it
is not drawn to scale but sketch should be
labeled including distances and notes.
Sketch should be reassessed.
Finished Scale Drawing – this may be completed
later; sketch is more refined drawn to scale
Sketches
Overview of Crime Scene Investigation
Securing and initial management of the Crime
Scene
Documentation
Walk Through and Crime Scene Search
Obtaining and Processing Evidence
WALK-THROUGH AND
CRIME SCENE SEARCH
CRIME SCENE SEARCH
Walk-through – preliminary to actual search to
aid in planning; general assessment of the
crime scene
1. assess crime scene and document important
factors
2. Note relevant evidence, and establish
evidence that will most likely be encountered
3. Extent of search area, manpower and
equipment needs identified
4. Develop theory of crime
CRIME SCENE SEARCH
Primary Crime Scene – where the crime was
committed
Secondary Crime Scene – related to the crime,
but not site of its actual commission;
evidence found at a secondary crime scene
may be relevant in determining the primary
crime scene
Search Patterns
Strip Search Method – outdoors *Lane Method
 Search Patterns
Spiral Search Method – limited manpower
Search Patterns
Grid Search Method
Search Patterns
Zone Search Method – large areas
Overview of Crime Scene Investigation
Securing and initial management of the Crime
Scene
Documentation
Walk Through and Crime Scene Search
Obtaining and Processing Evidence
OBTAINING AND
PROCESSING EVIDENCE
OBTAINING AND PROCESSING EVIDENCE
OBTAINING AND PROCESSING EVIDENCE
Discover and Recognize Evidence
Consider the who, what, where, how and why of
a crime
Evidence must be photographed and sketched
before they are moved
Some evidence may not be visible with ordinary
lighting (E.g. semen and fibers may be more
visible using ultraviolet light, blood cleaned
may still be detected through chemicals)
Collecting Evidence
The investigator must be impartial and detached
and must collect all relevant evidence
whether they support the initial impression
or not
Relevant evidence include soil samples, hairs,
fibers, chemicals, drugs, blood, semen,
glass fractures, paints, finger prints,
documents, firearms, bullet, tool marks
Collecting Evidence
Evidence collected must be labeled, bagged or
packaged and stored appropriately
Avoid cross-contamination of evidence
Remember Locard’s principle
Collecting Evidence
Collecting Evidence
Protect and store evidence
Storage – free from pets, insect, excessive heat
or moisture, controlled temperature
Item is bagged, labeled, logged
Specialized facilities for sensitive evidence
(explosives)
Chain of Custody – documentation of what
happened to evidence from time discovered
to time when it is presented in court
People vs. Velarde, 384 SCRA 646, July 18,
2002
EVIDENCE OBTAINED
Object Evidence – admissible in court if relevant
to case, provided that chain of custody can
be established
Examples:
Trace evidence – extremely small
- hair or fibers – microscopy
- Soil samples – may be compared with
soil samples in tires, shoes
TRACE EVIDENCE
EVIDENCE OBTAINED
FINGERPRINTS
1. Latent prints – nonporous surface, solid – door
knobs, light switches
Dusting – use powder that contrasts with
surface; fingerprint dusting powder
Lifting prints – commercially prepared
lifter, lift tape
Use gloves
EVIDENCE OBTAINED
FINGERPRINTS
2. Visible fingerprints – dirty, stained, bloody –
glossy, light-colored surfaces
3. Plastic prints – putty, grease, tar, butter, soft
soap
Probative value of print – claims that suspect was
not at scene, or no access to object where
fingerprint found
EVIDENCE OBTAINED
BLOOD
Reagents – luminol, tetramethyl benzedrine and
phenolphthalein – to identify blood at a
crime scene
Luminol – water based, sprayed where blood
traces are suspected – blood fluoresce to
pale blue color, does not harm DNA in
blood; reacts with bleach
Precipitin test – to determine whether blood is of
human origin; presence of other substance
like soap and oil may yield false results
 BLOOD STAIN PATTERN
EVIDENCE OBTAINED
Packaging: EVIDENCE OBTAINED
BLOOD SPATTER
Liquid blood – dropper, test tube Free-fall
Blood flakes – pillbox or envelope Cast-off – tangentially to arc of upswing or
Bloodstain on clothing other – mark with a backswing (left-handed, more horizontal)
string Dripping
Splashing – central blood drop then small drops
EVIDENCE OBTAINED around
BLOOD STAIN PATTERN Spurting – smaller, elongated
General Rules: EVIDENCE OBTAINED
The more bleeding, the bigger the stain/drop BLOOD SPATTER
(bigger wound, bigger stain) EVIDENCE OBTAINED
The farther the source to surface, the bigger the EVIDENCE OBTAINED
stain/drop (max stain at 7 feet) EVIDENCE OBTAINED
The blood that travels at low velocity creates a BLOOD SPATTER
bigger stain/drop (Medium – 4-6mm stain;
High velocity like from a gunshot wound- Gunshot Wound
mist, spray-type) Entry point – back spatter
*The greater the force, the smaller the drops More spread out
May be in clothing, hands of shooter
EVIDENCE OBTAINED Exit point – forward spatter
BLOOD STAIN PATTERN More spread-out, misting
EVIDENCE OBTAINED
EVIDENCE OBTAINED EVIDENCE OBTAINED
BLOOD STAIN PATTERN SHOE AND TIRE PRINTS
Shoe – how many people, unique wear patterns,
EVIDENCE OBTAINED whether running or walking, carrying
BLOOD STAIN PATTERN something heavy
Tire tracks – no used tires are alike
EVIDENCE OBTAINED Photograph, cast when possible (mix plaster kits)
BLOOD STAIN PATTERN
General Rules: EVIDENCE OBTAINED
Drops at smooth surface – evenly spreads SHOE AND TIRE PRINTS
Steeper impact, more elongated blood drop
If source of blood moving, or if it hits the surface EVIDENCE OBTAINED
at an angle, you may see tails. The tail of EVIDENCE OBTAINED
stain determines direction of blood; if many EVIDENCE OBTAINED
stains, convergence may pinpoint source. SHOE AND TIRE PRINTS
(blood flows away from origin)
Blood pools but it may be disturbed (smudges) EVIDENCE OBTAINED
If blood hits a vertical surface – there is dripping BITE MARKS
(due to gravity) – on body, food
Photograph and swab bite area for saliva, blood
residue, DNA, microorganisms
EVIDENCE OBTAINED Cast if possible, if not lift by tape
BLOOD STAIN PATTERN

Forensic Odontology for analysis of bitemarks

EVIDENCE OBTAINED
BLOOD STAIN PATTERN
EVIDENCE OBTAINED
EVIDENCE OBTAINED TOOL and TOOL MARKS
Hammers, screwdrivers, broken tool pieces
Impression left by tool on surface -
A tool should NEVER be fitted into an impression
to see if it could have made the mark. This
could render laboratory analysis useless.
Photograph location of tool and tool mark,
general crime scene, then close-up, cast
tool marks if possible
EVIDENCE OBTAINED
DNA EVIDENCE
From blood, saliva and other body fluids, tissues,
hairs and bones
DNA means deoxyribonucleic acid, which is the
chain of molecules found in every nucleated
cell of the body.
People vs. Yatar, 428 SCRA 504, May 19, 2004
EVIDENCE OBTAINED
DNA testing- verified and credible scientific
methods which include the extraction of
DNA from biological samples, the
generation of DNA profiles and the
comparison of the information obtained
from the DNA testing of biological samples
for the purpose of determining, with
reasonable certainty, whether or not the
DNA obtained from two or more distinct
biological samples originates from the same
person (direct identification) or if the
biological samples originate from related
persons (kinship analysis)
THANK YOU
DEATH
DEATH
Death – complete cessation of all vital functions
without possibility of resuscitation;
Irreversible loss of the properties of living
matter
DEATH
"Organ Donation Act of 1991." Sec. 2
(j) "Death".- the irreversible cessation of
circulatory and respiratory functions or the
irreversible cessation of all functions of the
entire brain, including the brain stem.
DEATH
A person shall be medically and legally dead if
either:
(1) In the opinion of the attending physician,
based on the acceptable standards of
medical practice, there is an absence of
natural respiratory and cardiac function
and, attempts resuscitation would not be
successful in restoring those functions. In
this case, death shall be deemed to have
occurred at the time these function ceased ;
or
DEATH
(2) In the opinion of the consulting physician,
concurred in by the attending physician,
that on the basis of acceptable standards of
medical practice, there is an irreversible
cessation of all brain functions; and
considering the absence of such functions,
furthers attempts at resuscitation or
continued supportive maintenance would
not be successful in restoring such natural
functions. In this case, death shall be
deemed to have occurred at the time when
these conditions first appeared.
DEATH
The death of the person shall be determined
in accordance with the acceptable
standards of medical practice and shall be
diagnosed separately by the attending
physician and another consulting physician,
both of whom must be appropriately
qualified and suitably experienced in the
care of such patients. The death shall be
recorded in the patient's medical record.
DEATH
Absence of cardiac function
Absence of respiratory function
Absence of brain activity
DEATH
Brain death – absence of electrical brain activity
– no reflexes, circulation, respiration,
dilated non-reactive pupils, flat
Electroencephalogram “Two Physicians
Rule”
Cardio-respiratory death – continuous and
persistent cessation of heart action and
respiration
 DEATH Determination of cause and manner of death
"Organ Donation Act of 1991." Sec. 9 xxx Obtain evidence in the body
In all donations, the death of a person from - Evidence relevant to circumstances of
whose body an organ will be removed after death – weapons, tools, blood
his death for the purpose of transplantation
to a living person, shall be diagnosed
separately and certified by two (2) qualified
physicians neither of whom shall be:

2 Physicians -must not be:

(a) A member of the team of medical practitioners
who will effect the removal of the organ
from the body; nor
(b) The physician attending to recipient of the
organ to be removed; nor
(c) The head of hospital or the designated officer
authorizing the removal of the organ.
FACT OF DEATH
Signs of Death
Cessation of cardiac activity and circulation– no
heartbeat and no pulse, blood settles in
dependent portion due to gravity (livor
mortis)

Signs of Death

Signs of Death
Legal Implications of Death Cessation of respiration – person stops breathing
- barbiturate overdose – shallow breathing
Civil personality extinguished
Succession Signs of Death
Contracts – partnership, agency, insurance Cessation of brain activity – loss of reflexes or
Criminal liability response to pain, flat electro-
Organ transplantation encephalogram
Distinguish from drug overdose, hypothermia,
coma
Anencephaly – survives for 7 days, reported 7
months and 10 months
Death Investigation
If death is sudden, unexplained, violent, under Signs of Death
suspicious circumstance Investigate
Signs of Death
Cooling of body (algor mortis), Skin becomes
pale
Stiffening (rigor mortis) and Decomposition
Types of Death Eyes become non-reactive and would later start
Natural – death may be made to look as though it to cloud
resulted from natural causes Action of heat
Accidental – death may not be accidental but a Signs of Death
result of suicide or crime
Suicide – death may be caused by crime
Homicide, Murder, as a result of Crime
Unexplained

IDENTIFICATION
Duties: Medical Examiner Identification
Establish Fact of Death Visual Recognition, Personal effects or
Identification of Deceased ornaments
Determination of Time of Death Fingerprints, DNA, also palm prints, foot print
Medical history: Blood type – to rule out, Dental Note: if holding something that is difficult to
Records remove, may be something held in hand just
Forensic anthropologist – gender, height, race before death - due to cadaveric spasm
and age; Forensic odontologist – age range
Forensic entomologist – location, approximate
time of death
Identification
Identification Cadaveric Spasm
Important: Time of Death
Legal certification of death Cadaveric Spasm - instantaneous muscle rigidity
Succession at time of death; only certain muscles and
Insurance no whole body, does not disappear, cannot
Criminal Law be induced
Time of Death
Postmortem interval – time of death and 3. Decay of muscles – muscles become flaccid,
discovery of the body no more reaction to stimulus (3 days,
Death within 4 days – estimated to within 4 hours shorter if warm)
People vs. Seranilla, 348 SCRA 227, December
15, 2000

Change in Muscles
Flaccid - up to 6 hours
Stiff (rigor mortis) – up to 2 days
TIME OF DEATH Flaccid (decaying) – after 2 days
Changes in Muscle
Cooling of Body Time of Death
Lividity
Putrefaction Algor mortis - Cooling of the body - fastest during
Consider Digestive Process first two hours
-Tropical countries – 12 -15 hours, same as
environment
Time of Death
At death, body is limp until rigor mortis sets in Algor Mortis
Rigor mortis – stiffening of joints (low in babies Delay – fever, sudden death in good health,
and aged) obesity, death from asphyxia, death of
- Face then larger muscles middle age
- Lasts 1-3 days, then muscles decompose Accelerate – leanness of body, extreme age,
long-standing disease, chronic fever with
wasting
Air in large room, in water – speeds up cooling

Time of Death
Changes in Muscle following Death
POSTMORTEM LIVIDITY
1. Stage of Primary Flaccidity – muscles relaxed,
incontinence, pupils dilated (when warm,
only 1:51 minutes, may last up to 6 hours),
may pass electric current
Time of Death
2. Rigor Mortis – usually develops after 3-6 hours,
body become rigid (may last from 24-36
hours), faster development if warm
Time of Death
- effect of gravity once circulation ceases ,
Blood may remain fluid after death for 6-8
hours
- Dark blue discoloration (livor mortis) but
may be cherry red if death is due to carbon
monoxide poisoning
Time of Death

Time of Death
POSTMORTEM LIVIDITY
- develops up to 10-12 hours after death
this means, after 10-12 hours, lividity is fixed
If body moved after 12 hours, pattern of lividity
may indicate position at death
Time of Death
POSTMORTEM LIVIDITY
- Lividity on dependent portions (back legs)
if face down (face, chest, stomach, legs)
- If pressing directly on hard surface, no
lividity
- If blood released from large wounds – little
lividity
Signs of Death
2 weeks – almost all soft tissues gone, cannot be
distinguished
1 month – skeletonized
* Temperate areas – slower process 2-5 months
after death – soft parts change into thick,
semi-fluid black mass
Putrefaction
Insects will help
- ties suspect to victim
- insect parts in car, clothes
- whether body was moved
- time of death based on life cycle of insect
Submerged in Water
Usually body remains immersed for 8-10 days in
warm water (up to 3 weeks in cold water)
Fleas – if still alive, then body has been in water
for less than 24 hours
DROWNING – victims curl up in semifetal position

Bruise - results from injury sustained while alive

(antemortem bruise)
– found outside vessels
- inflammation in area
- Does not change color when pressed Submerged in Water
If submerged in water, there is very little change
after 4-5 days especially if water is cold
From 5-7 days - face swollen and red, wrinkled
hands and feet, outer skin loosen (5-6
Signs of Death days), upper surface of brain greenish
Dead – blood collects usually dependent
portion
if dead, vessels remain healthy, clot can be
stripped
Submerged in Water
2-3 weeks – nails separate
4 weeks – scrotum and penis distended with gas
6-8 weeks – abdomen distended

Time of Death

Putrefaction Time of Death

Tropical region STAGES OF DIGESTION
12 hours – rigor mortis Stomach:
24 hours – rigor mortis , greenish Light meal – empty within 11/2 – 2 hours after
discoloration of abdomen being eaten
48 hours – trunk bloated, face discolored, Medium sized 3-4 hours
there may be maggots Heavy 4-6 hours
72 hours – whole body swollen, disfigured *Stomach empties 4-6 hours after a meal

Putrefaction
1 week – internal organs putrefied
 Time of Death undetermined
STAGES OF DIGESTION
Small Intestines
After 6-8 hours from eating – reaches distal ileum
Small intestine – 12 hours to be empty
*Must find out when victim last ate, or if there is Cause of Death
vomit near body External Examination and Internal Examination:
Examination of injury, determination of
possible weapon used, identifying marks
Microscopy, Xrays, Samples for toxicology
Evidence obtained in body important
Suicide
People vs. Operaña, Jr., 343 SCRA 43, October
13, 2000

Investigating a suicide DEATH CERTIFICATE

1. Obtain information A death certificate is conclusive evidence only as
any condition that deceased may have – disease, to the fact of death of the deceased.
psychiatric The cause of death may be estabished by other
current medications evidence.
THANK YOU.
Suicide
2. Obtain evidence on circumstances
surrounding death
frame of mind, behavior near time of death,
history
Look for:
suicide note
History of previous attempts
Self-mutilation

Suicide
Jokes, communications, writing about suicide
Giving away possessions
Depression or anxiety
Increased risk-taking behaviour

Suicide
3. Clues in crime scene
weapons near body
crime scene – movement of body, lividity

*For death investigation, a timeline must be

established

Cause of Death
Not a guaranty of accuracy, depends on the
examiner, based on available information
Manner of Death – circumstance, condition of
body, medical findings
Natural, suicide, homicide, accident,