LEGAL MEDICINE

I.

INTRODUCTION

Definition, history, scope and nature of Legal Medicine

crimes against persons, (v) crimes against chastity, (vi)

crimes against civil status of persons, (vii) Quasioffenses

Definition of Legal Medicine

- is that branch of medicine that applies medical and surgical
concepts, scientific knowledge and skills to medico-legal
issues, in order to assist the trier of facts in the proper
dispensation of justice.
- branch of medicine which deals with the application of
medical knowledge to the purpose of law and in the
administration of justice. Application of medicine to legal
cases.
History of Legal Medicine
The earliest physician Imhotep who lived about 2600 BC
was renowned for his studies in pathology and physiology
related to Legal Medicine. Hippocrates, the father of
Medicine, discussed the lethal effects of wounds. Antistius
was the first police surgeon who autopsied Julius Ceasar. In
the Philippines, the father of Legal Meidine can be
rightfully bestowed to Dr. Pedro P. Solis.

Nature of the Study of Legal Medicine

- The ability to acquire facts, arrange them and draw a
conclusion from facts in the administration of justice.

Legal Medicine and the Philippine Legal System

Expert Testimony is that given by a physician who has been
recognized by the court as having expert knowledge about
evidence in the case. An expert witness is allowed to
express an opinion about the validity of the evidence in a
case and may quote the statements of other experts in
support of an opinion.

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Criminal Law (i) felonies and circumstances which

affect criminal liability, (ii) civil liability ex delictu (iii)
crimes relative to opium and prohibited drugs, (iv)

5.

Corpus Delicti is the body or substance of the crime,

ad is defined in its primary sense as the fact that a
crime actually has been committed.

Medical Jurisprudence, its definition and nature

Distinction between Legal Medicine and Medical

Jurisprudent

Definition and concept of civil personality

Person is any being, natural or articial, capable of
possessing legal rights and obligations.
Two Kinds of Persons:
(a) Natural persons human beings created by God
through the intervention of the parents.
(b) Juridical persons those created by law
Civil personality is merely the external manifestation of
either juridical capacity or capacity to act. Consequently, it
may be defined as the aptitude of being the subject, active or
passive, of rights and obligation.

Ordinary testimony is restricted to statements concerning

what the witness actually saw or head. An ordinary witness
is prohibited from stating opinions about the case and from
quoting statements made by other people.

Application of Legal Medicine to Law

1. Civil Law (i) the determination and termination of
civil personality, (ii) the limitation or restriction of a
natural persons capacity to act, (iii) marriage and legal
separation, (iv) Paternity and filiation, (v)
testamentary capacity of a person making a will, (vi)
the right to hereditary succession.

Special Laws (i) Dangerous Drug Act (RA 9165), (ii)

Youth and Child Welfae Code, (iii) Sanitation Code, (iv)
Insurance Law, (v) Labor Code, (vi) Employees
Compensation Law

CIVIL PERSONALITY

The requisites for the admissibility of expert testimony are

the following:
1. The subject under examination must be one that
requires that the court has the aid of knowledge or
experience.
2. The witness called as an expert must possess the
knowledge, skill, or experience needed to inform the
court in the particular case under consideration.
3. Like other evidences, expert testimony is not
admissible as to a matter not in issue.

4.

Legal Medicine means the application of medicine to legal

cases, while Medical Jurisprudence is denotes knowledge of
law in relation to the practice of medicine. It is that branch of
law which deals with the organization and regulation of the
medical profession, with the contractual obligation existing
between practitioner and his patient and with the duties
imposed on the practitioner by the stat.

The evidence to be presented by the Legal Medicine expert,

must signify a relation between the facts, call the FACTUM
PROBANDUM or proposition to be established and the
FACTUM PROBAN which is the material evidencing the
proposition.
Evidence is relevant when it has a tendency in reason to
establish the probability or improbability of a fact in issue.
Evidence which has an effective influence or bearing on
questions in issue is material. Competent evidence
means that group of evidence which is not excluded in law.

Remedial Law (i) physical and mental examination of

a person, (ii) hospitalization of insane persons, (iii)
rules of evidence

Definition of Medical Jurisprudence

- is the study of the Medical Law and its applicable
Jurisprudence, that governs, regulates and defines the
practice of medicine.
- In the opinion of some medico legal luminaries, it is a
branch of substantive law, dealing with the professional
medical relationship of a physician towards his patients,
in a physician patient professional contract.
- It included rights, duties, obligations and liabilities of both
physician and patient to each other in a physician patient
professional contract.
It particularly examines the
Philippine Medical Act, as the Saw that governs the
practice of medicine.

Scope of Legal Medicine

- application of medical and paramedical sciences as
demanded by law and administration of justice.

3.

Juridical Capacity the tness to be the subject of legal

relations, while Capacity to Act the power to do acts
with legal effect.

Attainment and termination of civil personality

The civil personality of the child shall commence from the
time of his conception for all purposes favorable to him,
subject to the requirements of Article 41 of the Civil Code.
Article 42. Civil personality is extinguished by death. The
effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.

LEGAL MEDICINE
Criminal liability ends with death BUT civil liability may be
charged against the estate

Note: Article 43 provides a statutory presumption when there

is doubt on the order of death between persons who are called
to succeed each other (only).

Legal importance of the study of birth

Proof of live birth

Presumptive or presumed personality of an unborn

child
Personality does not begin at birth; it begins at conception.
This personality at conception is called presumptive
personality. It is, of course, essential that birth should occur
later, otherwise the fetus will be considered as never having
possessed legal personality.

PRESUMPTION OF DEATH, ARTS. 390-392

Art. 390. After an absence of 7 years, it being unknown
whether or not the absentee still lives, he shall be presumed
dead for all purposes, except for those of succession. The
absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of 10 years. If he
disappeared after the age of 75 years, an absence of 5 years
shall be sufficient in order that his succession may be
opened.
Art. 391. The following shall be presumed dead for all
purposes, including the division of the estate among the
heirs: (SAAD)
(7) A person on board a vessel lost during a sea voyage, or
an aeroplane which is missing, who has not been heard of
for four years since the loss of the vessel or aeroplane;
(8) A person in the armed forces who has taken part in war,
and has been missing for four years;
(9) A person who has been in danger of death under other
circumstances and his existence has not been known for four
years.

III. PATERNITY AND FILIATION

Kinds of filiation of children

Evidence of paternity and filiation

Medical evidence of paternity and filiation

Method of procreation

Legal importance of determining paternity and filiation

Presumption of legitimacy

Medical evidence of paternity and filiation

Grounds to impugn or question legitimacy of a child

Status of child born after termination of marriage

IV.

General rule: A person shall be presumed dead for all

purposes after absence for a period of 7 years.
Exception: Succession
(a) In succession, 10 years is required for presumption of
death.
(b) If absentee disappeared after age 75, 5 years shall be
sufficient.

DEATH

Definition of death
Complete cessation of all cardio-pulmonary (hear-lungs)
and/or cessation of brain activity.
is the termination of all biological functions that sustain a
living organism.

By: rag

EXTRAORDINARY ABSENCE
Only 4 years is required for presumption to arise if:
(1) A person on board a vessel lost during a sea voyage, or
an aeroplane which is missing, who has not been heard of
for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war,
and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four
years.

Medico-legal aspects of death

1. Clinical or Somatic Death occurs when in the
judgment of the physician with the use of his clinical
eye, the bodys vital signs of life, cease to exist
continuously and permanently.
2. Brain Death this kind of death follows clinical death
almost immediately unless resuscitative procedures
are started promptly, because the human brain under
normal conditions cannot survive loss of oxygen for
more than six (6) to ten (10) minutes.
3. Biological Death In this kind of death, all the
component of the brain are dead. There is also
permanent extinction of bodily life. It is Cardio
respiratory and Brain death altogether with permanent
cessation of all the anatomic and physiological
functions of the body organs.
4. Cellular Death Irreversible Cell injury is associated
morphologically with sever swelling o the cell
mitochondria, extensive damage to the plasma
membranes, and swelling of the cell iysosomes. There
is cessation of respiration and metabolism of the body
tissues which is soon followed by autolysis and decay.

Medico-legal investigation of death

Deaths which are not obviously due to natural causes, but
are criminal, suspicious, accidental, suicidal, murderous,
homicidal, sudden and unexpected, or unexplained, need
medico legal investigation.

Note:
(1) Although 7 years is required for the presumption of
death of an absentee in the Civil Code, Art. 41 of the Family
Code makes an exception for the purpose of remarriage by
limiting such requirement to 4 years.
(2) Art. 41 also limits the required 4 years in Art. 391 for
absence under exceptional circumstances to only 2 years.

V.

Legal Presumption of death rule in law that a persons is

deemed to have died if absent without explanation from his
or her usual or last place of residence for a long, continuous
period. The presumption of death arising solely from
unexplained absence is distinguishable from circumstantial
proof of death.

TRAUMA

Definition and types of trauma

Provisions of law on death

Definition of Trauma
An injury, a physical wound to the body caused by an
external
source.

Art. 43. If there is a doubt, as between two or more persons

who are called to succeed each other, as to which of them
died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be
no transmission of rights from one to the other.

Types of trauma
1. Post Traumatic Stress Disorder - is a mental health
condition thats triggered by a terrifying event.
Symptoms may include flashbacks, nightmares and
severe anxiety, as well as uncontrollable thoughts
about the event.

LEGAL MEDICINE
2.

Complex Trauma

Medico-legal aspects of injuries

Legal classification of injuries

5.

Lacerated

Medico-legal investigation of wounds

1. General investigation of the surroundings
2. Examination of the wounded body
3. Examination of the wound

Determination whether the wounds were inflicted

during life or after death

Medico-legal investigation of trauma

Points to be considered in determination as to whether

the wound is homicidal, suicidal, or accidental

Classification of wounds
1.
As to severity
a.
Deadly wound
b. Non-deadly wound

Possible instruments used by the assailant in inflicting

the injuries

Factors showing which of the wounds was inflicted first

2.

Effect of medical and surgical intervention on the death

Gunshot wound- A person with a gunshot wound has an

injury from a bullet that was fired from a gun

Medical evidence showing that victim aw shot at close

range (firm contact fire) or at a distance (loose contact
fire)
1. Firm Contact Fire commonly observed on the head
characterized by the following:
a.
The wound of entrance is large frequently star
shaped.
b. Edges of the wound maybe everted.
c.
Entrance wound is blackened by burns, tattooing
and smudging.
d. Muzzle imprint Barrel impression on the skin.
e.
The bullet may cause a radiating fracture.
f.
Fragments of lead and bullet maybe found.

As to kind of instrument used

a.
Sharp instruments As sharp edged instrument
produces an incised wound (blade), A sharpe
pointed instrument produces a punctured wound
(ice pick), A sharp edged and sharp pointed
instrument produces a stab wound (dagger or a
kitchen knife)
b.
Blunt instruments A block of wood or iron;
produces contusion, hematoma, abrasions,
lacerated wound, when used to strike, attack,
wound, beat or assault another.

3.

As to manner of infliction
a.
Self inflicted
b. Assault wounds

4.

As to regards to depth of the wound

a.
Superficial
b. Deep

5.

As regards to the relation of the site of the application of

force and the location of injury
a.
Coup injury the consequential injury is found at
the site of the application of force.
b. Coup Centre Coup Injury The consequential
injury is found at the site of the application of
force and also opposite th eite of the application
of force.
c.
Contre Coup Injury
d. Locus Minoris Resistenia
e.
Extensive Injury

6.

Special type of wounds

1.
Assailants wounds
2.
Defense wounds
3.
Victims wounds
4.
Self-Inflicted wounds
5.
Homicidal wounds
6.
Accidental wounds
7.
Suicidal wounds

Type of wounds (medical classification)

1. Superficial
2. Deep
a.
Close wound:
1. Sprain
2. Dislocation
3. Sublaxation
4. Fracture
5. Strain
b.

Open wound
1. Abrasion
2. Incised
3. Stab wound
4. Punctured

Loose Contact Fire

a.
Entrance wound maybe large circular of oval
depending upon the angle of approach.
b. Abrasion collar or ring is distinct.
c.
Smudging, burning and tattooing are prominent
with singeing o the hair.
d. Muzzle imprint maybe seen.
e.
There is blackening of the bullet tract to a certain
depth.

Distinction between entry and exit gunshot wound

1. Smaller than the missile due to elasticity of tissues
always bigger than missile
2. Edges are inverted everted edges
3. Oval or round depending upon angle of approach of
bullet no definite shape
4. Contusion collar or contact ring is present due to
invagination of the skin absent.
5. Tattooing or Smudging maybe present when firing is
near always absent.
6. Underlying tissues do not protrude beyond the skin
protrusion maybe seen.
7. Entrance wound is always present exit wound maybe
absent

Test for presence of powder residues

1.
Paraffin test or Dermal Nitrate test
2.
Use of Scanning Electron Microscope with linked X-ray
analyzer

As to regions or organs of the body involved

a.
Close wounds
b. Open wounds

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