FOR ENS IC MED Icin E: ALM Edic Ine)
FOR ENS IC MED Icin E: ALM Edic Ine)
FOR ENS IC MED Icin E: ALM Edic Ine)
RE N
FO I N E
D I C N E )
E
M L ME Pres
D I C I
GA ented by:
(LE
ARTEMIO
B. BURCE I
(Registered
Criminologi
0915 – 306 - s t)
1226
Definition of terms
Law- defined as a rule of conduct, just and
obligatory, laid down by legitimate authority
for the common observance and benefit.
Medicine- A science and art of dealing with
prevention, cure and alleviation of disease.
It is that part of science and art of restoring
and preserving health.
Legal- Refers to anything conformable to the
letters or rules of law as it is administered by
the court.
Jurisprudence- A science of giving wise
interpretation of the Laws.
Legal Medicine = is that branch of medicine which
deals with the application of medical knowledge
to the purposes of law and in the administration of
justice.
Forensic Medicine = use of medical science to
elucidate legal problems in general without specific
reference or application to a particular case.
= it encompasses a variety of fields in forensic
science such as pathology, anthropology,
odontology, toxicology, entomology, and others.
Medical Jurisprudence = a branch of law which
concerns with the aspects of law and legal concepts
to medical practice. It includes rights, duties, and
liabilities of physician, patient and health institution.
Science
= “Man’s explanation of everything in
the universe.”
Art or Philosophy
= “Man’s appreciation of everything in
the universe.”
Pathology = the medical specialty that
deals with disease and the bodily changes
caused by disease.
Forensic Pathology = another name for
forensic medicine.
Forensic Chemistry = Is the application of
the principle of chemistry to law.
Medico-Legal Cases
Injuries or deaths involving persons who have no
means of being identified.
Persons pronounced as “dead on arrival”
Death under the following circumstances:
Death occurring within twenty-four (24 hrs) of
admission when the clinical cause of death is unknown
or indeterminate:
Unexpected sudden death especially when the
deceased was in apparent good health;
Death due to natural diseases but associated with
physical evidence suspicious of foul play;
Death as a result of violence, accident, suicide or
poisoning; and
Death due to improper or negligent act of another
persons.
Physical injuries caused by:
gunshot wound, stab wound etc.,
vehicular accident;
asphyxia
electrocution, chemical or thermal insult;
accident, attempted homicide or suicide;
and
poisoning
Cases of child abuse, domestic violence,
rape alcoholism and drug addiction.
Cases involving the mental incompetency
of the patient.
Difference b/n Medical Jurist and
Ordinary Physician:
Difference Between Legal Medicine and
Medical Jurisprudence
LEGAL MEDICINE MEDICAL JURISPREDENCE
Branch of Medical Science Branch of law
Applied to law and Applied to practice of medicine
administration of justice
It originates from the It emanates from the act of congress,
development of medical executive orders, administrative circulars,
science customs, usages and decisions of
tribunals which have relation to the
practice of medicine.
Based on principles of subordination; that
is the duty of the physician to obey the
laws in as much as our government is
established on the principle of laws and
not of men and that no one is considered
above the law.
Important personalities in Legal
Medicine
Imhotep = builder of the first pyramid and was
considered as the first or earliest recorded
medico-legal expert.
Antistius = earliest known forensic pathologist
or public surgeon who performed the autopsy
of Julius Ceasar, reporting that out of the 23
stab wounds, only one penetrated the chest
cavity between the first and second rib which
the proximate cause of Caesar’s death.
Paulus Zacchias = the Father of Forensic
Medicine
Dr. Rafael Genard y Mas = the person who printed the first
medical textbook with some pertinent instruction entitled
“Manual de Medicina Domestica”.
Dr. Sixto de los Angeles = the UP Department of Legal
Medicine & Ethics head who become the Chief of the Medico-
legal department of the Philippine General Hospital.
Dr. Gregorio T. Lantin = C.A. 181 creates the Div. of
Investigation under the DOJ with a medico legal section as an
integral part of the division in which he become the first chief.
Dr. Mariano Lara = chief, Medical Examiner City of Manila
Criminal Investigation Laboratory.
Dr. Enrique V. delos Santos = Chief, Medico-legal Division of
the Bureau of Investigation (R.A. 157)
The Medico-legal System
Medico-Legal Office System
The system used in the Philippines, which is handled
by a medical jurist who is a registered physician duly
qualified to practice medicine in the Phils. The National
Bureau of Investigation and the Phil. National Police
have their own medical jurist who handles medico-legal
cases. His duty is to examine the victim or assailant, to
make report, and to appear in court as an expert
witness when summoned by the proper authorities.
Medical Examiner System
This is a system under the control of the
Chief medical Examiner that is a doctor
of medicine and appointed by the
mayor from the classified lists
compiled by the civil service by the
basis of competitive examination. The
office of the chief medical examiner is on
24 hours work with clerical staff always
present. His duty is to investigate the
cause of death especially violent death of
the victim.
Coroner System
The coroner system is headed by a country
coroner or borough coroner who may be a
barrister, solicitor or a legally qualified
practitioner of not less than five (5) years
standing in his profession and is elected by the
county council or borough council.
The coroner is an inquest officer whose duty
is to inquire into the circumstances of certain
medico-legal deaths within his jurisdiction.
Unlike the medico-legal officer or the medical
examiner whose qualifications, duties, and
powers are practically the same, the coroner
has investigative and judicial functions.
Medical Evidence
Evidence is the means, sanctioned by the
Rules of the Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact
Types of Medical Evidence:
I. Autoptic or Real Evidence:
This is an evidence made known or
addressed to the senses of the court. It is not
limited to that which is known through the sense
of vision but is extended to what the sense of
hearing, taste, smell, and touch is perceived.
Limitations to the presentation of
Autoptic:
Indencency and Impropriety – Presentation
of an evidence may be necessary to serve the
best interest of justice but notion of decency
and delicacy may cause inhibition of its
presentation.
Repulsive Objects to those Offensive to
Sensibilities- Foul Smelling objects, persons
suffering from highly infectious and
communicable disease, or objects which when
touch may mean potential danger to the life
and health of the judge may not be presented.
B. Testimonial Evidence:
A physician may be commanded to
appear before a court to give his
testimony. While in the witness
stand, he is obligated to answer the
question propounded by the counsel
and presiding officer of the court. His
testimony must be given orally and
under oath or affirmation.
1. Ordinary Witness:
A physician: who testifies in court on
matters be perceived from his patient in
the course of physician-patient relationship
is considered as an ordinary witness.
2. Professional Witness
= a physician gives an incidence or
something he did perform or saw during
his medical attendance. Example:
alignment of fracture bone.
3. Expert Witness:
A physician on account of his training and
experience can give his opinion on a set of
medical facts. He can deduce of infer
something, determine the cause of death or
render opinion pertinent to the issue and
medical in nature.
C. Experimental Evidence:
A medical witness may be allowed by the court
to confirm his allegation or as a corroborated
proof to an opinion he previously stated.
IV. Documentary Evidence:
A document is an instrument on which is
recorded by means of letters, figures or marks
intended to be used for purpose of recording that
matter which may be evidentially used.
The term applies to writings, to words printed,
lithographed or photographed; to seals, plates or
stones on which inscriptions are cut or
engraved; to photographs and pictures; to maps
or plans.
A written evidence presented to the court by
the expert witness about the subject matter in
dispute
Medical Documentary Evidence Forms:
= is the recognition of an
individual as determine by
characteristics which
distinguish that individual from
all other.
Points to consider when unknown
dead body is found:
a. Occupational Marks
b. Race- In the living, race may be
presumed on:
1. Color of the skin
- Caucasians- fair
- Malayans- brown
- Negroes- Black
2. Feature of face:
Caucasian- prominent sharp nose
Malayan- flat nose with round face
Mongolian- almond eyes such
and prominent cheek bones.
Negroes- thick spreading lips
3 . Shape of Skull
Red Indians- Flat head
Malayan- Round head
5.Stature (height) – a person ceases to
increase in height at the age of 25 years. As the
person grows older the height decreases due to
the fusion of the intervertebral discs.
6- Deformities
7- Birth marks
8- Injuries leaving permanent result
9- Moles
10-Scars = They are composed of fibrous tissues
which take the place of the original tissues which
have been injured or destroyed. They are devoid
of specialized tissue so they do not contain
pigment layers, sweat or sebaceous glands.
Recent scars of two to three weeks old are
vascular with red or pink color.
Contracted bloodless scars with white and
glistering surfaces are usually more than six
months old;
Scars resulting from superficial wounds and
from wounds healing by first intention develop
earlier.
SOME SCARS MAY SHOW
CHARACTERISTICS APPEARANCE
SUCH AS:
Surgical Operation = regular form
and location with stitch marks.
Burns and sealds = scars are large,
irregular in shape and may be kelloid.
Gunshot wounds = disc like with
depressed center. They may be adherent
to the underlying tissues.
Tuberculous sinus = irregular in shape,
furrowed, with edges hardened and
uneven.
Gumma = depressed scar following loss of
tissue
Venesection = located at bend of elbow,
dorsum of feet, or at the temporal region.
Lupus = bluish –white scar
Wetcupping = short parallel scars on the
lower part of the back and loin.
11- Tribal marks
A common practice of some tribes in Africa
is to place some marks on the exposed parts of
the body.
12- Sexual organs
Circumcision may help in identification. The
uterus and breast may indicate previous
pregnancy. The best evidence of sexuality is the
presence of Testes in Male and Ovaries in the
Female.
13- Blood examination ( ABO grouping and MN
typing)
Extrinsic Factors in Identification:
Identification of ornamental wearing
apparel
Personal Belongings
Clothing’s
Dust
Identification by close friend
Criminal Records
Photograph
Methods of Identification
Handwriting Identification
1. For Identification
2. To Determine Criminal Liability
Example:
The father and mother had both a blood
group O, however the offspring had a blood
group A. Therefore, the offspring is a
spurious child in the family and the father
can deny that the child is not belong to him.
5. Circumstances or corroborative evidence
against or in favor of the perpetrator of a
crime.
Example :
A car was examined because of blood
stained present on the bumper and the hood.
It was found out that the stain was of human
blood and belonging to the same group as of
that victim of vehicular accident.
The traffic investigator had a strong
suspicion that the car is one responsible in the
motor-vehicle accident that killed the victim.
6. Determination of the cause of death
= The amount of blood loss from the body
without being replaced may probably imply
that the cause of person’s death is
hemorrhage.
= The loss of reddish tinge in the blood
may also imply carbon monoxide poisoning
or other blood diseases as one cause of
death of a person.
7. Determination of the direction of the
escape of the victim or assailant
= the drips of the blood or blood stain in a
place may pinpoint the route of escape of
the victim or the assailant by the tapering
end of the blood spot which points towards
the direction of the source of blood.
= the shape of blood and blood stain as well
as the splashed down character when
spilled in the floor may indicate the direction
of the source.
8. Determination of the appropriate time the
crime was committed.
= from the study of the aging of the blood-
spilled and blood-stained material, the time
that the crime was committed may be
approximated as to whether it is recently
than or a few hours ago.
A. Cheyne-Strokes respiration –
interval is about fifteen to thirty seconds
In drowning and electric shock
In new born infants
In the voluntary act of respiratory
suspension.
Methods of Detecting Cessation of
Respiration:
punctured
abrasion
stab wounds
lacerated
INCISED
PUNCTURED
STAB WOUND
LACERATED
ABRASIONS
GUN SHOT WOUND
Senging = burning of the skin.
Smudging = blackening of the bullet hole.
Tattooing = the peppering of the gun
powder burns.
Determination whether the gunshot
wound is suicidal, Homicide or
Accidental:
Evidence to prove that the gunshot wound is
suicidal:
1. Parts of the body involved are accessible to
the hands of the victim.
2. There is usually one gunshot wound.
3. Presence of suicidal note.
4. Usually the distance is near or close range.
5 History of frustration
6 Drug dependency
Evidence that gunshot wound is
homicidal:
1. Wound is located in any parts of the body
2. The victim is usually at a certain distance
from the assailant.
3. Signs of struggle or defense wound may
be present on the part of the victim.
4. Wounding weapon usually not found at
the crime scene.
5. There may be disturbance in the
surrounding.
Evidence that gunshot wound is
accidental:
1. There is usually one gunshot wound.
2. Wound is located in any parts of the
body.
3. Testimony of the witness.
CLASSIFICATION OF WOUND
A. As to Severity:
a. Mortal Wound – a wound that is fatal can
cause death.
Incapacity:
-It is a break or
solution in the
continuity of the bone
tissues resulting from
violence. (it can be
either simple,
compound or
comminuted).
Dislocation