CHAPTER 1

LEGAL MEDICINE
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.
Medical Jurisprudence
- Study of the Medical Law and its
applicable Jurisprudence that
governs, regulates and defines
the practice of medicine.
Legal Medicine
- Study of the application of
medical knowledge to purposes of
law and in the administration of
justice including the application of
basic clinical, medical and

paramedical sciences to elucidate

legal matters
Medical Jurisprudence
- Study of the aspect of law and
legal concepts which has to do
with the practice of medicine
Legal or Forensic Medicine
- Is the application of the medical
knowledge in the practice of law
Medical Jurisprudence
- Refers to the legal aspects of
medical practice
- Is thus the study of laws and
jurisprudence in medical
education, medical regulation and
medical practice
FORENSIC MEDICINE
1.Post mortem examination to
determine and look into the human
body for concealed wounds, foreign
objects and other physical evidence

2. Chemical analysis to see visible

traces of poison, establishes the
identity of body, body parts and fluids
and other evidence
3. Microscope to see tiny lesions,
crystals, microbes, and distinguish
hairs and fibers
4. Spectroscopic analysis of blood,
tissues and material found on or near
the body of the victim to distinguish
and match trace elements that link
the body of the victim, crime scene
and perpetrator
In the Philippines, Legal Medicine is
the appropriate name for Forensic
Medicine.
Modern Legal medicine has a broad
range of applications, it is used in
civil cases such as paternity and

filiation, annulment of marriage,

DNA testing , etc.
In all cases the medical examiner
must conduct an investigation of
the crime scene and also an
autopsy.
TECHNIQUES OF LEGAL MEDICINE:
- Legal Medicine uses sophisticated
laboratory techniques to detect
the presence LEGAL
MEDICINE.docxof substances in
the victim, in the suspected
criminal, or at the crime scene.
- Forensic examination of
substances found at a crime
scene can often establish the
presence of the suspect at the
crime scene.
LEGAL MEDICINE AND THE LEGAL
SYSTEM

- Courts routinely call upon

physicians to give expert
testimony in a trial, especially
concerning the findings of an
autopsy and the results of
laboratory tests.
- As an expert witness he 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.
- Ordinary testimony is restricted to
statements concerning what the
witness actually saw or heard.
- The evidence to be presented by
the legal medicine expert must
signify a relation between the
facts called the Factum
Probandum or proposition to be
established and the factum
Probans which is the material
evidencing the proposition.

- The Physician must present

RELEVANT, MATERIAL AND
COMPETENT EVIDENCE.
HISTORY OF LEGAL MEDICINE:
- Paulus Zacchias ( 1584 1659 ) is
the Father of Forensic Medicine.
He was the first to describe the
importance and application of
medicine to the proper
administration of justice.
- In the Phil. the father of Legal
Medicine can be rightfully
bestowed to Dr. Pedro P. Solis. His
book on Legal Medicine
copyrighted in 1987, contains the
most extensive treatise and
teachings in Philippine Legal
Medicine.

APPLICATION OF LEGAL MEDICINE

TO LAW:
Legal Medicine is applied to Law
1. Civil law
- the determination and
termination of civil personality
- the limitation or restriction of a
natural persons capacity to act
- marriage and legal separation
- paternity and filiation
- testamentary capacity of a
person making a will
- the right to hereditary
succession
2. Criminal Law
- Felonies and circumstances which
affect criminal liability
- Civil liability ex delictu
- Crimes relative to opium and
prohibited drugs

- Crimes against persons

- Crimes against chastity
- Crimes against civil status of
persons
- Quasi offenses
3. Remedial Law
- Physical and Mental Examination
of a person
- Hospitalization of insane persons
- Rules of Evidence
4. Special Laws
- Dangerous Drug Act
- Youth and Child Welfare Code
- Sanitation Code
- Insurance law
- Labor Code
- Employees Compensation Law
CORPUS DELICTI
- Is the body or substance of the
crime and is defined as the fact
that a crime actually has been
committed. In all criminal

prosecutions, the burden is on the

prosecution to prove the corpus
delicti.
QUANTUM OF PROOF
1. In Civil Cases the quantum of
proof necessary to prove a civil
complaint is a PREPONDERANCE OF
EVIDENCE. The party filing or
bringing a civil complaint has the
burden of proof and must establish
the truth and righteousness of his
allegations by a preponderance of
the evidence admitted by a
competent court.

2. In Criminal Cases
the quantum is proof beyond
reasonable doubt.

- In a criminal case the accused is

entitled to an acquittal, unless his
guilt is shown beyond reasonable
doubt
- Presumption of INNOCENCE is a
conclusion drawn by the
constitution and the law in favor
of the accused while
REASONABLE DOUBT, is a
condition of mind produced by
proof resulting from evidence in
the case.
3. To establish matters of defense
-The doctrine of reasonable doubt
applies only to incriminative facts.
4. To establish self defense
- One who sets up SELF
DEFENSE must rely on the strength
of his own evidence and not on the
weakness of that of the
prosecution.

5. To establish Alibi
- It must be proved by positive,
dear and satisfactory evidence.
Oral Evidence of alibi is so easily
manufactured and usually
unreliable that it can rarely be
given credence.
6. In Administrative Complaints
- In cases filed before
administrative or quasi judicial
bodies, a fact maybe deemed
established if it is supported by
substantial evidence which means
that amount of relevant evidence
which a reasonable mind might
accept as adequate to justify a
conclusion.

CHAPTER 2
MEDICAL AND HOSPITAL
JURISPRUDENCE
Medical Jurisprudence:
- Is the study of the Medical Law
and its applicable Jurisprudence
that governs, regulates, and
defines the practice of medicine.
- It includes the rights, duties,
obligations and liabilities of both
physician and patient to each
other in a physician patient
professional contract.
The Following Acts Constitute the
Practice of Medicine:
1. To physically examine and
diagnose a patient.
2. To physically examine and treat
a patient

3. To physically examine and

perform surgery in a patient
4. To physically examine and
prescribe any remedy to a patient.
Any person who practice any of the
above acts enumerated, without
any valid certificate of registration
as a physician, is practicing illegal
medicine.
The Nature of the Physician Patient
Professional Relationship is
1. Consensual:
- based on mutual consent of both
patient and physician.
- Contracts that are consensual in
nature, are perfected upon mere
meetings of the minds
2. Fiduciary:
- founded in trust, faith, and
confidence reposed by one person in
the integrity and fidelity of another.

DUTIES AND OBLIGATIONS OF THE

PHYSICIAN TOWARDS HIS PATIENTS:
1. He must possess that knowledge
and skill possessed by an average
physician.
2. He must use such knowledge and
skill with ordinary care and due
diligence.
3. He is obliged to exercise his best
judgment
in good faith.
4. He has the duty to keep the
secrets and confidentialities of his
patients.
The Terms and Conditions not
included in the Physician Patient
Professional Relationship Contract (
refer to book )

 The only promise or guaranty that

the law requires is that, the
physician will treat the patient in
accordance with the standards of
medical care.

PATIENTS RIGHTS RESPECTED BY

PHYSICIANS:
1. The right to appropriate medical
care and humane treatment.
2. The right to his religious belief.
3. The right to refuse treatment.
4. The right to Informed Consent.
5. The right to choose his physician.
6. The right to medical records.
7. The right to privacy and
confidentiality.
8. The right to a second or third
opinion.

9. The right to leave.

10. The right to information.
11. The right to self determination.
12. The right to refuse participation
in medical research
13. The right to express grievance
14. The right to be informed of his
rights and obligations.
Obligations of the Patients to their
Physicians ( Refer to Book )
SOCIATAL RIGHTS OF THE PATIENTS
FROM THE GOVERNEMNT ( Refer to
Book )
RIGHTS INHERENT IN THE PRACTICE
OF MEDICINE:
1. The right to choose his patients
2. The right to limit the practice of
his profession

3. The right to determine appropriate

treatment procedures in the
discretion and judgment of the
physician.
4. The right to avail of hospital
privileges after being qualified.
5. The right to receive just and fair
compensation from his patients.

Liabilities of a Physician Which May

Arise from His Negligent or Wrongful
Acts or Omissions:
1. Administrative Liability
- A complaint under oath can be
filed
before
the
Professional
Regulation Commission Board of
Medicine, for reprimand, of the
license to practice medicine.
2. Criminal Liability

- When an act or omission

constitutes a crime, the physician
can be imprisoned or fined or both,
as any other profession.
3. Civil Liability
- The aggrieved party can be
awarded monetary damages for any
wrongful
or
negligent
act
or
omission, when the professional is
found guilty.
CASES ( Refer to Book )
Ex. Negligent or Wrongful Act
Medical malpractice is a particular
form of negligence which consists
in the failure of a physician or
surgeon to apply to his practice of
medicine that degree of care and
skill which is ordinarily employed
by the profession generally, under
similar conditions, and in like
surrounding circumstances

There are Four Elements involved

in medical negligent cases:
1. Duty
2. Breach
3. Injury
4. Proximate Causation It has
been
recognized
that
expert
testimony is usually necessary to
support the conclusion as to
causation.

Ex. Whether A Hospital may be

Held Liable for the Negligence of
Physicians Consultants allowed to
Practice in its Premises.

CHAPTER 3
DEATH
Legal Presumption of Death:
- If absent without explanation
from his or her usual or last place
of residence for a long continuous
period.
- Circumstantial proof of death

Ex. a passenger on an airplane

that crashed is considered to
have died even if no remains can
be recovered.
Rules of Evidence in Rule 131,
section 5 paragraph X, paragraph
JJ, and paragraph KK.
In common law the presumption of
death does not arise until the
expiration of seven years of
continuous absence.

DEATH IS THE COMPLETE CESSATION

OF ALL THE VITAL FUNCTIONS OF THE
BODY WITHOUT POSSIBILITY OF
RESUSCITATION. THE ASCERTAINMENT
OF DEATH IS A MEDICAL AND NOT A
LEGAL PROBLEM.

Death maybe
A. Brain Death occurs when there is
a deeply irreversible coma, and
absence of electrical brain activity.
B. Cardio Respiratory Death occurs
when there is continuous and
persistent cessation of heart action
and respiration.
4 Kinds of Death:
1. Clinical or Somatic Death
2. Brain Death
3. Biological Death
4. Cellular Death
Clinical or Somatic Death
- This particular kind of 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.
- The clinical death is verifiable
only by a physician after he
observes that the patient no
longer has a heart beat no pulse
rate, no spontaneous breathing
and movement, with the pupils of
the eye widely dilated and not
reactive to light and
accommodation.
- When a clinically dead person is
brought to the morgue the
generalized contraction of the
muscles or Rigor Mortis of the
body within 3 to 6 hours, may
simulate a return to life, because
of the motion or movement of the
body.

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 6 to 10
minutes.
- Brain Death may occur in the
Stage 1 Cerebral Cortex- the
highest center of the brain that is
most sensitive to changes in the
supply of oxygen and blood to the
brain. When the cerebral cortex
dies, the patient is in cortical
death.
Stage 2 - Cerebellum It deals
with the function of equilibrium. It
follows the death of the cerebral
cortex.

Stage 3 Brainstem and Vital

centers These centers
controlling respiration, heart rate
and blood pressure, ultimately
die. When it does, the patient is,
Brain Stem Dead.
- If the brain stem is damaged,
then the vital centers in the
medulla maybe destroyed,
causing the respiratory center to
fail.
- The occurrence of brain stem
death is equivalent to Legal
Death, so that Doctors can now
issue a Death Certificate, even
though the heart is still beating,
and make arrangements to
harvest donor organs and tissues
at this stage.
- Further, in the presence of brain
stem death, artificial respirators
only achieve the maintenance of

an oxygenated circulation through

a corpse or cadaver.
CRITERIA FOR DIAGNOSING BRAIN
STEM DEATH.
Persistent Vegetative State ( PVS )
- This condition exists, when
irreversible destruction of the
Cortex of the brain occurs without
damage to the vital centers, and
there are permanent eyes open
state of unconsciousness, but
cardio respiratory functions
continue, sometimes without
respiratory assistance, but most
often with respiratory support.
- They do not however match the
clinical criteria of Brain Death, in
as much as they have elicitable
reflexes, spontaneous respirations
and reactions to external stimuli.

HARVARD CRITERIA OF WHOLE

BRAIN DEATH:
1. Unreceptivity and
Unresponsitivity
2. No spontaneous movements or
breathing
3. No reflexes
4. Flat EEG of Confirmatory value
WHOLE BRAIN DEAD
- When the brain ceased all
functions, even though the heart
continues to beat. As a rule
doctors can legally declare whole
brain death twelve hours after
they have corrected all treatable
medical problems, but the brain
still doesnt respond even to
induced pain , they eyes do not
react to light and the person
doesnt breath without a
respirator.

BIOLOGICAL DEATH
- All the components of the brain
are dead
- There is also permanent
extinction of bodily life.
- It is cardiorespiratory and brain
death altogether with permanent
cessation of all the anatomic and
physiological functions of the
body organs.

CELLULAR DEATH:
- The death of the different parts of
the body occurs at different times
and stages.
- This is the reason why such
organs as the corneas and the
kidneys can be removed
immediately after biological death
and transplanted successfully.

SIGNS OF DEATH:
1. Cessation of heart action and
circulation
2. Cessation of respiration
3. Cooling of the body ( Algor
Mortis )
- The temperature of 15 20
degrees Fahrenheit is considered as
a certain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye
- There is loss of corneal reflex
CHANGES IN THE BODY FOLLOWING
DEATH
1. Changes in the Muscle
a. Stage of primary flaccidity
b. Cadaveric rigidity or rigor mortis
- muscular contraction which
develops 3 6 hours after

death and may last for 24

36 hours.
- may also be utilized to
approximate the length of
time the body has been dead
from 3 to 36 hours
c. Stage of secondary flaccidity or
commencement of putrefaction
Cadaveric Spasm- is the immediate
or instantaneous spasm or rigidity
of the skeletal muscles occurring at
the moment of death due to
exhaustion, etc.

2. Changes in the Blood

a. Coagulation of the blood
b. Postmortem lividity or Livor
Mortis
3. Autolytic or Auto Digestive Changes
After Death

4. Putrefaction of the Body

PUTREFACTIVE CHANGES OCCURING
AFTER DEATH ( Refer to Book )
Kinds of Putrefaction:
1. Mummification
2. Saponification This is also called
Adipocere Formation.
3. Maceration
Factors to Consider in Approximating
the Duration of Death in a Cadaver
1. Entomology The presence of
maggots in the cadaver indicates
duration of death for more than 24
hours
2. Presence of live Fleas in clothing
in death by drowning, a flea can
survive for about 24 hours submerged
in water. After 24 hours submersion in
water the fleas die.

3. Blood vessel clots blood clotting

occurs in 6 -8 hours after death.
4. Post Mortem lividity develops in 3
to 6 hours after death.
5. Rigor Mortis- begins to develop in 3
to 6 hours after death and may last for
24 to 36 hours after death.
6. Onset of decomposition
Decomposition takes place within 24
48 hours after death.
7. Food in the stomach
8. Skeletal soft tissues soft tissues
may disappear from 1.5 years to 2
years after burial.
Position of the Body at the time of
Death

1. Post Mortem lividity

2. Cadaveric spasm Death due to
violence or inflicted physical injuries,
usually manifest the position of the
body at the time of death.
Ex. In suicide by gunshot wound, the
gun maybe tightly grasped in the
hand of the deceased
In drowning, the victim maybe
holding objects that come in contact
with his hands to cling to life.

MEDICOLEGAL IMPORTANCE OF RIGOR

MORTIS AND CADAVERIC SPASM:

Rigor mortis is utilized to approximate

the time of death. Generalized
muscular contractions occur from 3 to
6 hours until 36 hours.
Cadaveric spasm occurs immediately
after death and is useful to ascertain
the circumstances of death.
Medico Legal Investigation of Death
- Deaths which are not obviously
due to natural causes, but are
criminal, suspicious, accidental,
suicidal, murderous, homicidal,
sudden or unexpected, or
unexplained, need medico legal
investigation.

The Death Certificate

- The death certificate is a legal

document necessary for burial of
the dead, as it certifies the
occurrence of death. It is a
document from the Office of the
Civil Registrar General, listing the
particulars of an individuals
death.
- It contains the Immediate Cause
or Primary cause of death, the
antecedent causes and
underlying cause of death
Immediate Cause or Primary
Cause of Death
Ex. Suffocation due to drowning
Asphyxia
Cardio Respiratory Arrest
Antecedent Cause of Death are
events or conditions that
substantially contribute to the
immediate cause of death

Ex. Acute peritonitis, Acute

Hypovolemic shock, Acute Septic
Shock,
Underlying Cause of Death is the
basic cause or bottom line cause
of death. It is the diagnosis of the
patients or victims illness or
sickness that resulted to his death
Ex. Acute Appendicitis,
Hepatocarcinoma, Pelvic Fracture,
Stab or Gunshot Wound to the
chest.
Non Natural Causes of Death
Ex. Murder, Homicide, Suicide,
Accident
Death Warrant is a warrant from the
proper executive authority appointing
the time and place for the execution
of the sentence of death upon a

convict judicially condemned to suffer

death.

Manner of Death
- Is the explanation as to how the
cause of death arose, and maybe
either Natural Death or Violent
Death
Lazarus Syndrome
- Is also called Lazarus
Phenomenon is the spontaneous
return of circulation after failed
attempts at resuscitation.
Implications of Lazarus Syndrome
- raises ethical and legal issues for
doctors, who must determine
when medical death has
occurred, when resuscitation

efforts should end, and post

mortem procedures such as
autopsies and organ harvesting
may take place.

Lazarus Sign
- Lazarus sign or Lazarus reflex is a
reflex movement in brain dead
patients, which causes them to
briefly raise their arms and drop
them crossed on their chests.
- The phenomenon has been
observed to occur several
minutes after the removal of
medical ventilators used to pump
air in and out of brain dead
patients to keep their bodies
alive.

NEAR DEATH EXPERIENCE

- Refers to a broad range of
personal experiences associated
with impending death,
encompassing multiple possible
sensations including detachment
from the body; feelings of
levitation etc.

EUTHANASIA
- Meaning good death ( well or
good )
- Refers to the practice of ending
life in a painless manner.
- Deliberate intervention
undertaken with the express
intention of ending life, to relieve
intractable suffering
Classification of Euthanasia:

1. Voluntary euthanasia is
euthanasia conducted with consent
2. Involuntary euthanasia
is euthanasia conducted without
consent.
-is conducted where an individual
makes a decision for another person
incapable of doing so.
- also known as physician assisted
death, physician assisted suicide or
mercy killing.
3. Passive euthanasia entails
withholding of common treatments
4. Active euthanasia entails the use
of lethal substances or forces to end
life and is the most controversial
means.
CHAPTER 4
REGIONAL TRAUMA
Trauma

 is the leading cause of death in the

first four decades of life and the 3rd
leading cause of death in all age
groups today.
-Penetrating trauma particularly
handguns is becoming common in
nearly all areas of the country.
Trimodal Distribution of Death from
Trauma:
1. Seconds to minutes of injury due
to the injury to the brain, high spinal
cord, heart, aorta and other large
vessels. These patients can rarely be
salvaged.
2. Minutes to Few hours from injury
( The Golden Hour )
- It is in this period that Advanced
Trauma Life Support9 ( ATLS )
techniques are important.

3. Several days to weeks of Injury

these are due to sepsis or organ
failure.
SPECIFIC INJURIES
1. Head
a. Types of Head Injuries:
a.1 Hematoma
a.2 Contusions
a.3 Skull fractures
a.4 Hemorrhage
2. Spine and Spinal Cord Injuries
The most common causes of
severe spinal trauma are motor
vehicular accidents, falls, diving
accidents, and gunshot wounds.
3. Chest
a. Life Threatening Injuries
Pnumothorax
Hemothorax
Flail chest as in multiple rib
fractures Cardiac tamponade
due to penetrating injuries

b. Potentially Lethal Injuries

b.1. Pulmonary Contussion with
or without flail chest
b.2. Thoracic Aortic Tear or
Rupture the most common
cause of sudden death after a
vehicular accident or fall ( major
decelaration injury )
c. Serious Chest Injuries
4. Abdomen
Types of Injuries:
a. Penetrating
- Gunshot wounds of the
abdomen carry 95% probability
of significant visceral injury
- A bullet when it hits the
abdomen will penetrate the
abdominal wall, enter the
abdominal cavity and most
likely injure more than one
organ.

- The incidence of abdominal

injury is strikingly higher in
gunshot wounds than in stab
wounds.
- The major cause of death is
hemorrhage and this occurs
within the first 24 hours
- In stab wounds of the
abdomen , only 2/3 penetrate
the peritoneal cavity; of these
only cause significant visceral
injury that requires surgical
repair.
b. Blunt
- The spleen and liver are the
most commonly injured organs
due to blunt trauma.
- Their frequent incidence also
explains why the mortality rate
following blunt trauma is higher
than that of penetrating injury.

5. Fractures and Dislocations

The word fracture comes from the
Latin word fractura which means a
break in the continuity of the bone. It
is also a combination of a break in the
bone and soft tissue injury
A. Open Fractures - 90% of open
fractures are caused by vehicular
accident.
B. Hip fractures are very common
in elderly people and are usually
caused by minor falls. It is the most
common cause of traumatic death
after the age of 75.
6. Urologic
- Hematuria following trauma
- Blunt kidney injury is usually
due to motor vehicular

accidents which account for 70

90 % of kidney trauma.
- Penile injury:
The erect penis is usually 6 8
inches long and 1 -2 inches in
diameter.
- Avulsion of the prepuce this
may follow accidents where the
foreskin called prepuce is
detached or lacerated by a blunt
force.
- Fracture of the penis this is
the traumatic rupture of the
corpora cavernosa penis
resulting from a forceful trauma
to the flaccid organ.
- Amputated penis the penis of
an avid womanizer is sometimes
intentionally cut or amputated
by a jealous derange wife or
lover.
7. Arterial trauma

8. Burns

CLASSIFICATION OF WOUNDS
1. AS TO LEGAL CLASSIFICATION
Chapter 1
DESTRUCTION OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical
Injuries Inflicted Under Exceptional
Circumstances
c. Article 248. MURDER
- Any person who, not falling within
the provisions of Article 246 shall kill
another, shall be guilty of murder and
shall be punished by Reclusion
Perpetua, to death if committed with

any of the following attendant

circumstances;
1. With treachery
2. In consideration of a price , reward
or promise
3. By means of inundation etc.
4. On occasion of any of the
calamities etc.
5. With evident premeditation
6. With cruelty etc
Article 249 HOMICIDE
Article 251. Death Caused in a
Tumultous Affray
Article 252. Physical Injuries Inflicted
In a Tumultuous Affray
Article 253. Giving Assistance to
Suicide
Article 254. Discharge of Firearms
Article 255. Infanticide
Article 256. Intentional Abortion

Article 257. Unintentional Abortion

who shall caused an abortion by
violence but not intentional.
Article 258. Abortion Practiced by the
Woman Herself or By Her Parents
Article 259. Abortion Practiced by a
Physician or Midwife and Dispensing
of Abortives
Article 260. Responsibility of
Participants in a Duel
Article 261. Challenging to a Duel

CHAPTER 2
PHYSICAL INJURIES
a. Article 262. Mutilation Any person
who shall intentionally mutilate
another by depriving him, either
totally or partially , of some essential
organ of reproduction.

b. Article 263. Serious Physical Injuries

Any person who shall wound, beat,
or assault another, shall be guilty of
the crime of serious physical injuries
c. Article 264. Administering Injurious
Substances or Beverages
d. Article 265. Less Serious Physical
Injuries Any person who shall inflict
upon another physical injuries which
shall incapacitate the offended party
for labor for 10 days or more, or shall
require medical attendance for the
same period
e. Article 266. Slight Physical Injuries
and Maltreatment.
- When the offender has inflicted
physical injuries which shall
incapacitate the offended party for
labor from one to nine days, or shall

require medical attendance during the

same period.
Chapter 3, RAPE When and how rape
is committed
1. By a man who shall have carnal
knowledge of a woman under any of
the circumstances
a. Through force, threat, or
intimidation
b. When the offended party is
deprived of reason or otherwise
unconscious
c. By means of fraudulent
machinations or grave abuse of
authority
d. When the offended party is
under twelve ( 12 ) years of age or is
demented, even though none of the
circumstances mentioned above is
present.

2. By any person who, under any of

the circumstances mentioned in
paragraph 1 hereof, shall commit an
act of sexual assault by inserting his
penis into another persons mouth or
anal orifice or any instrument or
object into the genital or anal orifice
of another person.
Classification of Wounds
2. AS TO THE DEPTH OF THE WOUND
a. Superficial When the wound
involves only the layer of the skin
b. Deep When the wound involves
the structures beyond the layers of
the skin.
b.1 Penetrating the wound enters
the body but does not come out.
Punctured, stab and gunshot wounds
usually belong to this type of wound.
b.2 Perforating there is a
communication between the outside,

inner and the outer side. There is both

a point of entry and exit.
Classification of Wounds
3. AS TO MORTALITY
a. Deadly Wound- Death results
immediately, after the infliction of the
wound. Deadly wounds though mortal,
maybe prevented with prompt
medical treatment.
b. Non Deadly Wounds Does not
result to death immediately, after the
wound is inflicted. A non deadly
wound may cause death later, due to
complications i.e. tetanus, septicemia
Classification of Wounds:
4. AS TO THE WOUNDING
INSTRUMENTS USED:
a. Sharp Instruments Ex. incised
wound, punctured wound, stab wound
dagger or 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
Classification of Wounds:
5. AS TO THE CONSEQUENTIAL INJURY
AFTER THE APPLICATION OF FORCE
a. Coup Injury b. Coup Centre Coup Injury
c. Contre Coup Injury
d. Locus Minoris resistancia
e. Extensive injury
Classification of Wounds:
6. AS TO THE INTEGRITY OF THE SKIN
A. CLOSED WOUNDS Presents no
break in the integrity or continuity of
the skin. There may be only outward
manifestations of injury internally.
Ex. of closed wounds:

1. petechiae a circumscribe
extravasation of blood in the
subcutaneous tissue.
2. contusion effusion of blood into
the tissues underneath the skin as a
result of a blunt force. Ex. black eye
3. Hematoma
4. Blunt injury
5. Musculoskeletal injuries
Ex. Sprain, Dislocation, Fracture,
Strain
Cerebral Concussion there is a brief
loss of consciousness and sometimes
memory after a head injury that
doesnt cause obvious physical
damage.
Cerebral Contusion they are bruises
to the brain, usually caused by a
direct, strong blow to the head. They
are more serious than concussions.

B. OPEN WOUNDS there is a break in

the continuity of the skin
B.1. Abrasion Scratch, friction mark
B.2. Bruise cause by a blunt injury to
the tissues which damage blood
vessels beneath the surface, allowing
blood to extravasate or leak into the
surrounding tissues.
B.3. Incised wound
B.4. Stab wound
B.5. Punctured wound
B.6. Perforating wound
B.7. Lacerated wound is the result of
an injury from a blunt instrument. In
cerebral laceration, the brain tissue is
torn often with an accompanying
visible head wounds and skull
fractures.
B.8. Bites they maybe abraded,
bruised or rarely lacerated. They are
usually seen in sexual assaults and in
child abuse and also by animal bites
B.9. Gunshot wounds

TEST FOR THE PRESENCE OF POWDER

RESIDUES:
1. Paraffin test or Dermal Nitrate test
present on the skin of the hand
dorsum or site of the wound of
entrance. This test is not conclusive
because fertilizers, cosmetics,
cigarettes, urine and other
nitrogenous compounds with nitrates
will give a positive reaction. A
negative test is not conclusive. The
test usually gives a positive result
even after a lapse of 3 days or even if
the hands are subjected to ordinary
washing

2. Use of Scanning Electron

Microscope with a linked X ray
analyzer. This method appears to be
more specific but seldom used
because the instrument is expensive.
SPECIAL TYPES OF WOUNDS
1. Assailants wounds these wounds
are sustained by the assailant from
the victim, while the former is in the
process of attacking, wounding,
assaulting, beating or killing his
victim.
2. Defense wounds in the process of
defending himself from the attacks,
assault, wounding, beating or violence
of the assailant, the victim sustains
defensive wounds usually in the upper
extremities.

3. Victims wounds these are wounds

sustained by the victim, from the
assailant, the former not having the
chance or opportunity to defend
himself. The victims wounds maybe
located in any part of the body.
4. Self Inflicted wounds these are
wounds self inflicted by the person on
himself. The wounds are usually found
on the accessible parts of the body,
usually with no intention to kill self.
Unless the victim is insane, self
inflicted wounds are for a fraudulent
or self serving purpose.
5. Homicidal wounds these are the
serious wounds sustained by the
victim resulting to his death, from the
criminal assailant. Usually the wounds
are situated in the areas of the neck,
chest, the abdomen and the skull.

6. Accidental wounds these wounds

are sustained by the victim, without
any fault or intention whatsoever on
the part of the accused to inflict the
wounds on the victim. The wounds are
usually located on any part of the
victims body.
7. Suicidal wounds these are wounds
self inflicted by the victim on himself,
and usually seen on the temple, the
roof of the mouth, and other fatal
body areas, accessible to the hand of
the victim.

CHAPTER 5
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002
REPUBLIC ACT 9165

A DANGEROUS DRUG is a drug whose

use is attended by risk and therefore
is unsafe, perilous and hazardous to
people and society.
A DRUG is any substance, vegetable,
mineral or animal in origin, used in the
composition
or
preparation
of
medicines or any substance used as
medicines.
The Dangerous Drug Act of 1972,
include the following Dangerous Drugs
as follows:
A. PROHIBITED DRUGS
1.
Opium
and
its
active
components and derivatives such
as heroin and morphine.
2. Coca leaf and its derivatives,
principally cocaine.

3. Hallucinogenic drugs such as

mescaline,
lysergic
acid
diethylamide ( LSD ) and other
substances
producing
similar
effects.
4. Other drugs whether natural or
synthetic with the physiological
effects of a narcotic drug.
B. REGULATED DRUGS
1. Self inducing sedatives such as
secobarbital,
phenobarbital,
pentobarbital, barbital and any
drug which contains salt or
derivative of a salt of barbituric
acid.
2. Any salt of amphetamine such as
Benzedrine or any drug which
produces a physiological action
similar to amphetamine.

3. Hypnotic drugs, such as

methaqualone producing similar
physiologic effects.
IMPORTANT
TERMS
in
the
DANGEROUS DRUG ACT OF 2002
1. Drug Syndicate
2. Illegal Trafficking
3. Chemical Diversion
4. Planting Evidence
5. Drug Dependence
Two Classes of Drug Dependence:
A. Drug Addiction is a state of
periodic or chronic intoxication
produced
by
the
repeated
consumption of a drug, whether
synthetic or natural and found to
be detrimental to the individual
and to the society.
Characteristics of Drug Addiction:

- An overpowering desire or
need to continue taking the drug or
to obtain it by any means.
-Have the tendency to increase
the dose
- psychological and physical
dependence on the effects of the
drug.
- a detrimental effect to the
society and to the individual
B. Drug Habituation is the desire
to have a continuous use of the
drug but with the capacity to
refrain physically from using it.
Characteristics
of
Drug
Habituation:
- The desire to use the drug is
not
compulsive
but
merely
psychical.

- There is little or no tendency to

increase the dose
- The detrimental effect if any, is
primarily on the individual.
6. Protector
7. Pusher
8. Controlled Delivery
9. Den, Dive or Resort
10. PDEA The Philippine Drug
Enforcement Agency, which is the
implementing
arm
of
the
Dangerous Drugs Board.
UNLAWFUL ACTS AND PENALTIES IN
THE DANGEROUS DRUGS ACT OF
2002 ( R.A. 9165:
1. Importation of Dangerous Drugs
and or Controlled Precusors and
Essential Chemicals.

2. Sale, Trading, Administration,

Dispensation, Delivery, Distribution
and Transportation of Dangerous
Drugs and or Controlled Precursors
and essential Chemicals.
3. Maintenance of a Den, Dive or
Resort
4. Employees and Visitors of a Den,
Dive or Resort
5. Manufacture of Dangerous Drugs
and or Controlled Precursors and
Essential Chemicals
6. Illegal Chemical Diversion of
Controlled Precursor and Essential
Chemicals
7.Manufacture
or
Delivery
of
Equipment , Instrument, Apparatus
and
Other
paraphernalia
for

Dangerous Drugs and or Controlled

Precursors and Essential Chemicals
8. Possession of Dangerous Drugs
9.
Possession
of
Equipment,
Instrument , Apparatus and Other
Paraphernalia for Dangerous drugs.
10. Possession of Dangerous Drugs
During Parties, Social Gatherings or
Meetings
11. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or
Meetings
12. Use of Dangerous drugs

13. Cultivation or Culture of Plants

Classified as Dangerous Drugs or
are Sources thereof
14. Failure to Maintain and Keep
the Original Records of transactions
on Dangerous drugs and or
Controlled Precursors and Essential
chemicals
15. Unnecessary
Dangerous Drugs

Prescription

16.
Unlawful
Prescription
Dangerous drugs

of
of

THE CUSTODY AND DISPOSITION

OF CONFISCATED, SEIZED AND OR
SURRENDERED
DANGEROUS
DRUGS,
PLANT
SOURCES
OF
DANGEROUS DRUGS, CONTROLLES
PRECURSORS
AND
ESSENTIAL
CHEMICALS, INSTRUMENTS AND

PARAPHERNALIA
AND
OR
LABORATORY EQUIPMENT The
PDEA shall take charge and have
custody of all dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as Instruments
paraphernalia
and
laboratory
equipment so confiscated, seized
and or surrendered, for proper
disposition in the following manner
( Refer to Book ).
IMPORTANT PROVISIONS OF R.A.
9165 OR THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002
Section 22. Grant of Compensation,
Reward and Award
Section
23.
Provision

Plea

Bargaining

Section 36. Applicants for Drivers

License
Section
38.
Laboratory
Examination
or
test
on
Apprehended / Arrested Offenders
Section 39. Accreditation of Drug
Testing Centers and Physicians
Section 40. A physician, dentist,
veterinarian
or
practitioner
authorized
to
prescribe
any
dangerous drug shall issue the
prescription
therefore
in
one
original and 2 duplicate copies.
Section 54. Voluntary Submission
of
a
Drug
Dependent
to
Confinement,
Treatment
and
Rehabilitation

Section
55
Exemption
from
Criminal Liability
Under the Voluntary Submission
Program
Section 56. Temporary Release
from the Center; After Care and
Follow up Treatment Under the
Voluntary Submission Program
Section 58. Filing of Charges
Against a Drug Dependent who is
not
rehabilitated
Under
the
Voluntary Submission Program.
Section
61.
Compulsory
Confinement of a drug dependent
who refuses to apply under the
Voluntary Submission Program
Section 62. Compulsory Submission
of a Drug Dependent Charged with

an Offense, to
Rehabilitation

Treatment

and

Section
70.
Probation
or
Community Service for a First Time
Minor
Offender
In
Lieu
of
Imprisonment
Section 73. Liability of a Parent,
Spouse or Guardian Who refuses to
Cooperate with the Board or any
Concerned Agency
Section 77. The Dangerous Drugs
Board
Section 82. Creation of the
Philippine
Drug
Enforcement
Agency ( PDEA )
Section 85. The PDEA Academy
Section 90. Jurisdiction

Section 91. Responsibility and

Liability
of
Law
Enforcement
Agencies and Other Government
Officials
and
Employees
in
Testifying as Prosecution Witnesses
in Dangerous Drug Cases
Section 92. Delay and Bungling in
the Prosecution of Drug Cases
PHARMACOLOGIC
CLASIFICATION
OF DANGEROUS DRUGS
1.Hypnotics
2. Sedatives and Tranquilizers
3.
Hallucinogens
and
Psychomimetics
4. Stimulants
5. Depressants
6. Deliriants and Intoxicants
A.Hypnotics:

Opiates and Their Derivatives

Opium is obtained from the milky
exudates of the unripe seed
capsules of the poppy plant,
Papaver Sornoiferum.
Derivatives of opium commonly
used are morphine, heroin, and
codeine.
Its
synthetic
preparation
Demerol and Methadone.

are

Narcotics that have a legitimate

medical used as powerful pain
relievers are called Opioids, and
include
codeine,
oxycodone,
meperidine,
morphine
and
hydromorphone.
Heroin which is prohibited is a very
strong pain reliever and narcotic

Signs and Symptoms of Opium

Administration:
1. Stage of Excitement
2. Stage of Stupor
3. Stage of Narcosis
B. SEDATIVES:
Barbiturates: - are the products of
malonic acid and urea, synthesized
on St. Barbara day.
- Used to treat anxiety and to
induce sleep can cause both
psychologic
and
physical
dependence.
C.
HALLUCINOGENS
OR
PSYCHOMIMETIC DRUGS:
Marijuana ( Cannabis Sativa ) is a
Mexican term for pleasurable
feeling. Marijuana is not addictive.
Physical dependence and dose
tolerance do not develop with its

use. Psychic
occur.

dependence

may

Subjective effects of Marijuana:

- There is a feeling of lightness of
the
extremities
followed
by
rushes of warmth and well being
that eventually lead to a sense of
relaxation, mild euphoria and a
dreamy state where ideas are
disconnected.
Objective Effects of Marijuana:
- Moderate increase in resting
pulse rate, reddening of the eyes
due
to
dilatation
of
the
conjunctival
blood
vessels.
Difficulty of speech and of
remembering of the logical trend
of what was being said.
Lysergic Acid Dsethylamide ( LSD )
- These
drugs
are
false
hallucinogens.

- It produces impaired judgement

so that a user might think that he
can fly, and may even jump out a
window to prove it, resulting in
severe injury or death.
D.STIMULANTS:
Amphetamines

methamphetamines ( Shabu, speed

);
methylenedioxymethamphetamine
( MDMA, ecstasy or Adam )
- Acts on the cerebral cortex
causing alertness, excessive self
confidence and feeling of well
being. Physical performance may
to some degree temporarily
improve.
Untoward Effects:
- They increase the blood pressure
and heart rate. Fatal heart attacks
have occurred even in healthy,

young
athletes.
The
blood
pressure maybe so high that a
blood vessel in the brain ruptures
causing a stroke.
Cocaine is an alkaloid from the
leaves of the coca shrub cultivated
in Bolivia and Peru.
- It produces effects similar to
amphetamines, but is a much
more powerful stimulant.
- Is used to excite the under sexed.
- Is a euphoriant and readily
relieves fatigue
Untoward Effects:
- Same as amphetamine
E. DEPRESSANTS:
- Angel dust
- Depresses the brain and abusers
usually become confused and

disoriented shortly after taking

the drug.
- Can be combative and because
they dont feel the pain they may
continue fighting even when hit
hard.

CHAPTER 6
SEXUAL DYSFUNCTIONS AND SEXUAL
CRIMES
SEXUALITY IS A NORMAL
BIOLOGICAL URGE AND AN
IMPORTANT PART OF THE HUMAN
EXPERIENCE.

4 Stages of a Sexual Response:

1. Desire ardent wish to engage in
sexual activity
2. Arousal state of sexual excitement
3. Orgasm is the peak or climax of
sexual excitement
4. Resolution a sense of well- being
and general muscular relaxation
follows orgasm. During resolution,
men are unable to have another
erection for sometime. In contrast,
many women are able to respond to
additional stimulation almost
immediately after an orgasm.

SEXUAL DYSFUNCTIONS
( Classification )
A. As to choice of sexual partners
1. Homosexual
2. Infanto sexual - Pedophilia

3. Besto sexual sexual desire

towards animals
4. Auto sexual- form of sexual self
gratification Ex. masturbation
5. Gerontophilia sexual desire
with elder persons
6. Necrophilia erotic desire or
coitus with a cadaver
7. Incest sexual relations between
persons who are relatives by blood
relationship
B. As to instinctual strength of the
sexual urge:
1. Over sex In men satyriasis;
nymphomania excessive sexual desire
in women
2. Under sex or sexual frigidity
a. Sexual anesthesia
b. Dyspareunia painful sexual
intercourse in women
c. Vaginismus painful spasm
of the vagina during coitus

d. Old age
C. As to the mode
expression
1. Oralism
a. Fellatio
b. Cunnilingus
c. Analism

of

sexual

2. Sado masochism
a. Sadism
b. Masochism
3. Fetishism is a sexual
perversion wherein the real or
fantasied presence of an object or
bodily part is necessary for sexual
stimulation or gratification
a. Anatomic particular portion
of the anatomy, such as the breast or
the buttocks are the target for sexual
stimulation
b. Clothing .

c. Necrophilic sex with a dead

body

d. Odor ( ospresiophilia )

Kinds of Ospresiophilia
1.
Urolagnia

women
urinating
2. Coprolagnia odor of
female feces
3. Mysophilia odor of
human filth
a. Narcissism
b. Saboteur Fetish
c. Vampirism
D. As to the part of the body
1. Sodomy anal copulation
2. Uranism gratification by
fondling the breast
3. Frottage compulsive desire to
rub his sexual organ against some
parts of the body of another

4. Partialism special choice or

affinity for specific body parts
E. As to visual stimulus
1. Voyeurism to peep to see
persons undress
2. Scoptophilia attains sexual
orgasm by merely watching two
persons doing the sexual act or is in
the nude
F. As to number
1. Troilism
2. Pluralism
G. Other sexual deviates.
1. Don Juanism
2. Indecent exposure
3. Coprolalia
H. Disorders of sexual function:

1. Premature ejaculation ejaculation

occurs too early, usually before, upon
or shortly after penetration
2. Retarded ejaculation erection is
maintained but ejaculation is delayed.
As men gets older, the time to
attained ejaculation generally gets
longer
3. Low sexual desire disorder
4. Sexual aversion disorder
5. Sexual arousal disorder in women
6. Inhibited orgasm
7. Dyspareunia
8. Vaginismus
I. Sexual reversal
1. Transvertism
2. Transexualism
3. Intersexuality
SEXUAL CRIMES:
Chaste An unmarried woman who
has had no carnal knowledge with

men or that she never voluntarily had

unlawful sexual intercourse. These
also denotes purity of mind and
innocence of heart.
Virgin A woman who has had no
carnal knowledge of man. Her genital
organs have not been altered by
carnal connection.
Kinds of virginity
1. Moral virginity the state of not
knowing the nature of sexual life and
not having experience sexual relation.
2. Physical virginity A condition
whereby a woman is conscious of the
nature of sexual life but has not
experienced sexual intercourse.
3. Demi virginity This term refers
to a condition of a woman who
permits any form of sexual liberties as

long as they abstain from rupturing

the hymen by sexual act. The woman
allows sexual intercourse, but only
inter femora or even inter labia, but
not to the extent of rupturing the
hymen.
4. Virgo intacta A truly virgin woman.
There is no structural change in her
organ, notwithstanding the fact of a
previous sexual intercourse.
DEFLORATION This is the laceration
or rupture of the hymen, as a result of
sexual
intercourse.
All
other
lacerations which are not due to coitus
are not considered defloration.
PARTS OF THE GENITALIA TO BE
EXAMINED
TO
DETERMINE
DEFLORATION
1. Pudendum also called the
vulva; labia majora, labia minora,

clitoris and vaginal orifice. The

labia majora and labia minora
gapes in repeated coitus
2. Fourchette the normal V shape
becomes
rounded
due
to
stretching, on repeated insertion of
the penis
3. Vaginal canal Insertion of two
fingers occur with ease and slight
resistance
4. Hymen lacerated during the
initial sexual act. Some hymen are
thick, elastic, AND FLESHY THAT
THEY CAN RESIST CERTAIN DEGREE
OF
DISTENTION,
WITHOUT
CAUSING LACERATION. The fact
that the hymen is intact does not
prove absence of previous sexual
intercourse and the presence of
laceration does not mean that
there is defloration
SEMEN AND SPERMATOZOA:

ERECTILE DYSFUNCTION ( Impotence )

- The
diagnosis
of
Erectile
Dysfunction
is
important
especially in complaints of rape. It
must be proven convincingly that
the accused is permanently
impotent, so that the crime of
rape cannot be proved beyond
reasonable doubt.

- Impotence usually results from

vascular impairment, neurologic
disorders, drugs, abnormalities of
the
penis
or
psychological
problems that interfere with
sexual arousal.
- Injury, diabetes mellitus, stroke
and
drugs
like
all
antihypertensive and psychotics,

antidepressants
and
some
sedatives.
- Alcohol can also cause impotence
and
also
low
levels
of
testosterone
SEX CRIMES IN THE REVISED
PENAL CODE:
A. Rape
B. Carnal Knowledge
- is the act of a man in having
sexual bodily connection with a
woman.
There
is
carnal
knowledge if there is the slightest
penetration in the sexual organ of
the female by the sexual organ of
the male.

C. Seduction
- is the art of a man enticing
women
to
have
unlawful

intercourse with him by means of

persuasion, solicitation, promises,
bribes or other means without
employment of force
D. Acts of Lasciviosness
E. Acts of Lasciviousness with
Consent of the Offended Party
F. Abduction
1. Forcible Abduction
2. Consensual Abduction
G. Adultery
H. Concubinage
I. Bigamy
J. Marriage Contracted Against
the Provisions of Law
K. Premature Marriage
L. Performance of Illegal Marriage
Ceremony
M. Prostitution
N. Corruption of Minors
O. White Slave Trade
P. Abuse Against Chastity

CHAPTER 7
MENTAL HEALTH DISORDERS

Mental Health Disorders include

disturbances in thinking, emotion, and
behavior. There is a complex
interaction between the physical,
psychologic, social, cultural and
hereditary influences.
Factors that Contribute to the
Development of Mental Disorders:
1. Heredity the most frequent factor
that contributes to insanity and a
good history will reveal the
ascendants afflicted with the same.
2. Incestous Marriage The mental
illness is accentuated when they are
blood relatives.
3. Impaired Vitality Stress, tension,
worry, grief may predispose to
insanity

4. Poor Moral Training and Breeding

Corrupt moral upbringing in the family
due to immorality of the parents
5. Psychic Factors Factors like love,
hate, rage, anger, passion
disappointments
6. Physical Factors
a. Non toxic factors exhaustion
resulting from severe physical and
mental strain and traumatic injuries to
the head.
b. Toxic factors drug addiction,
infections of the brain
KINDS OF MENTAL HEALTH
DISORDERS:
1. Generalized Anxiety Disorders
2. Panic Attacks and Panic Disorder
3. Phobic Disorders
a. Agoraphobia

- Fear of being trapped without a

graceful and easy way to leave if
anxiety should trike
b. Specific phobias
c. Social phobia
- A persons ability to relate
comfortably with others, affects many
aspects of life, including early family
relationhips, education, work, leisure,
dating and mating
4. Obsessive Compulsive Disorder
5. Post Traumatic Stress Disorder
6. Depression and Mania
7. Bipolar Disorder
8. Suicidal Behavior
- the final act in a course of selfdestruction. Common among people
who have had traumatic childhood
experiences, particularly those who
suffered child abuse or neglect or the
distresses of a single parent
9. Eating Disorders
a. Anorexia nervosa

b. Bulimia nervosa
c. Binge eating disorder
10. Schizophrenia a serious mental
disorder characterized by loss of
contact with reality ( psychosis ) ,
hallucinations, delusions ( false beliefs
) , abnormal thinking, disrupted work
and social functioning
11. Delusional Disorder
characterized by the presence of one
or more false beliefs such as being
followed, poisoned, infected, loved at
a distance , or deceived by ones
spouse or lover
SOME MANIFESTATIONS OF MENTAL
DISORDERS:
1. Disorders of Cognition ( Knowing )
a. Illusion
b. Hallucination
2. Disorders of Memory

a. Dementia
3. Disorders in the Content of Thought
- person with this disorder suffers
from a warped belief or thinking not in
accord with reality
A. Delusion
a. Delusion of grandeur
b. Delusion of persecution
c. Delusion of reference
d. Delusion of Self Accusation
e. Delusion of infidelity
f. Nihilistic delusion
g. Delusion of poverty
h. Delusion of control
i. Delusion of depression
B. Obsession
Disorders of volition or conation
( doing )
Kinds of Conation:
A. Impulsion or Impulse
( Compulsion ) a sudden and

irresistible force compelling a

person to the conscious
performance of some action
without motive or forethought.
Types of Compulsion:
a. Pyromania irresistible impulse
to set things afire
b. Kleptomania irresistible
impulse to steal articles of no much
value
c. Dipsomania irresistible impulse
to indulge in intoxication either
with alcohol or drugs
d. Homicidal impulse an
irresistible impulse to kill prompted
by an insane delusion either as a
necessity or self defense or
avenging for justice
e. Sex impulse irresistible desire
to exual perversion

f. Suicidal impulse strong desire

to kill oneself usually in acute
depression
DISTINCTIONS BETWEEN TRUE AND
FALSE INSANITY:
1. True insanity develops
insidiously usually with the
existence of some predisposition to
an exciting cause if careful history
is taken, while false insanity
develops suddenly with no existing
predisposition.
2. In true insanity, there is a
peculiar facial expression, which is
absent in false insanity
3. In true insanity, there is a
continuous and persistent
manifestation of insanity, which is
only present in false insanity when
the pretender is under observation,

and absent when not under

observation.
4. In true insanity, there is a clinical
entity of a specific mental disorder,
which is absent in false insanity.
5. In true insanity, the patient can
endure a violent or stressful
activity without fatigue, which is
not present in false insanity
6. In true insanity, the patient does
not observe personal hygiene, in
false insanity, the pretender
observes hygiene
Insanity or Mental Illness is an
exempting or mitigating
circumstance to Criminal Liability
as provided in the following:
1. As an exempting Circumstance

Article 12 of the Revised Penal

Code provides, When the imbecile
or an insane person has committed
an act which the law defines as
felony, the court shall order his
confinement in one of the hospitals
or asylums established for persons
thus afflicted and he shall not be
permitted to leave without first
obtaining the permission of the
same court.
2. As a mitigating Circumstance
Article 13, of the Revised Penal
Code provides, the following are
mitigationg circumstances:
a. That the offender is deaf and
dumb, blind or otherwise suffering
from physical defect which thus
restricts his means of action,
defense or communication with his
fellow beings

The American Law Institute

formulated the following Rules on
Criminal Responsibility and states
that;
1. A person is not responsible for
his criminal conduct if at the time
of such conduct as a result of
mental illness or defect, he lacks
essential capacity to appreciate the
criminality of his conduct or to
conform his conduct to the
requirement of the law.
2. The term mental disease or
defect does not include an
abnormality manifested only by
repeated criminal or otherwise anti
social conduct
Fundamental Principles of Insanity
and Criminal Responsibility:

1. A sane man is assumed to be

wholly responsible for the
consequence of his crime.
2. A person who commits a criminal
act is presumed to be sane.
3. Crime is always considered as an
affair of the mind as well as the
body and to make an act or
omission a crime, there must be a
criminal act ( actus reus ) and an
criminal mind ( mens rea ) . Actur
facit reum, nisi mens sit rea.
Mental Deficiency or mental
retardation, is sub average
intellectual ability present from
birth or early infancy. Intelligence is
both determined by heredity and
environment. In most cases of
mental deficiency, the cause is
unknown.

Classification of mental deficiency:

1. Idiot The idiots intelligence
never exceeds that of a normal
child over 2 years old. The IQ is
between 0 20. This is usually
congenital.
2. Imbecile the imbeciles
intelligence is compared to a
normal child from 2 7 years old
and the IQ is 20 40.
3. Feeble Minded his mentality is
similar to that of a normal child
between 7 12 years old and an IQ
of 40 70.
4. Moron a feeble minded person
with a higher IQ than that of an
imbecile. He can adopt to the
customs of the community and
may not present so much of a
problem, though his intellect and
judgment are below normal
5. Morally Defective This haywire
has strong criminal propensities, in

addition to his mental retardation

or defect. He is devoid of moral
sense and adheres to the
Hedonistic principle of Live today
for tomorrow we die and
Happiness is the supreme good.

Classifications of IQs:
Above 140
Near genius or
genius
120 140
Very superior
intelligence
110 120
Superior intelligence
90 110
Normal or average
intelligence
80 90
Dullness, rarely
classified as feeble
minded
70 80
Borderline deficiency or
dullness

Below 70

Definitely feeble
minded

MALINGERER
- A person who pretends or
protracts illness or injury to
escape work or duty. Reasons why
a person malingers.
1. As a defense to criminal
prosecution or investigation
2. To increase the demand for
damages in a civil suit
3. To avoid Court appearances or
court summons
4. To avoid military training
5. To attract attention or sympathy
from others

The Legal Importance of

Determining the Persons State of
Mind are the following:
1. In Criminal law, insanity
exempts a person from criminal
liability
In Civil law:
a. Insanity is a restriction of the
capacity of a natural person to act
as provided in Article 38 of the Civil
Code.
b. Insanity modifies or limits the
capacity of a natural person to act
as provided in Article 39, also of
the Civil Code.
c. Insanity at the time of marriage
of any or both parties is a ground
for the annulment of marriage.

d. A testator must be of sound

mind at the time of execution of
the will
e. A witness to a will must be of
sound mind
f. Insanity of the testator is a
ground for disallowance of a will
g. An insane cannot give consent to
a contract; The following cannot
give consent to a contract ; unemancipated minors, insane or
demented persons and deaf mutes
who do not know how to write
h. The guardian or the insane
himself if there is no parent or
guardian shall be held liable for
damages due to his insanity

CHAPTER 8
FORENSIC DNA EVIDENCE
DNA analysis is a powerful tool
because each persons DNA is
unique to him only, ( with the
exception of identical twins )
Therefore DNA evidence collected
from a crime scene can implicate
or eliminate suspect, similar to
the use of fingerprints.
It also can analyze unidentified
remains through comparisons
with DNA from relatives
Additionally, when evidence from
one crime scene is compared with
evidence from another using
CODIS, those crime scenes can be
linked to the same perpetrator

locally, regionally and nationally. (

CODIS stand for Combined DNA
Index System ). It is the core of
the national DNA database,
established and funded by the
Federal Bureau of Investigation,
and developed specifically to
enable public forensic DNA
laboratories to create searchable
DNA databases of authorized DNA
profiles. The CODIS software
permits laboratories throughout
the country to share and compare
DNA data.
DNA PROFILING PROCESS
- The process begins with a sample
of an individuals DNA ( typically
called a reference sample )
The most desirable method of
collecting a reference sample is
the use of a buccal swab, as this

reduces the possibility of

contamination.
When this is not available, other
methods may need to be used to
collect a sample of blood, saliva,
semen, or other appropriate fluid
or tissue from personal items ex.
toothbrush, razor, etc. or from
stored samples, ex. banked sperm
or biopsy tissue.
Sample obtained from blood
relatives can provide an
indication of an individuals
profile, as could human remains
which had been previously
profiled.
A reference sample is then
analyzed to create the
individuals DNA profile using one
of a number of techniques,
discussed below. The DNA profile

is then compared against another

sample to determine whether
there is a genetic match.
DNA profiling ( also called DNA
testing, DNA typing, or genetic
fingerprinting ) is a technique
employed by forensic doctors to
assist in the identification of
individuals on the basis of their
respective DNA profiles.
DNA profiles are encrypted sets of
numbers that reflect a persons
DNA makeup, which can also be
used as the persons identifier.
DNA profiling uses repetitive
( repeat sequences ) that are
highly variable called variable
number tandem repeats ( VNTR ).

VNTRs loci are very similar

between closely related humans,
but so variable that unrelated
individuals are extremely unlikely
to have the same VNTRs.
DNA FAMILY RELATIONSHIP
ANALYSIS
- During conception, the fathers
sperm cell and the mothers egg
cell, each containing half the
amount of DNA found in other
body cells, meet and fuse to form
a fertilized egg called a zygote.
The zygote contains a complete
set of DNA molecules, a unique
combination of DNA from both
parents. This zygote divides and
multiplies into an embryo and
later a full human being. DNA
does not change once it is formed
at conception.

- At each stage of development, all

the cells forming the body contain
the same DNA half from the
father and half from the mother.
This fact allows the relationship
testing to use all types of samples
including loose cells from the
cheeks collected using buccal
swabs, blood or other types of
samples.
- When determining the
relationship between two
individuals, their genetic profiles
are compared to see if they share
the same inheritance patterns at
a statistically conclusive rate.

RULES ON DNA EVIDENCE

Sec.3 Definition of Terms

a. Biological Sample means

any organic material originating
from a persons body, even if
found in inanimate objects, that
is susceptible to DNA testing.
This includes blood, saliva and
other body fluids, tissues, hairs
and bones
b. DNA means deoxyribonucleic
acid, which is the chain of
molecules found in every
nucleated cell of the body. The
totality of an individuals DNA is
unique for the individual, except
identical twins.
c.
DNA evidence constitutes
the totality of the DNA profiles,
results and other genetic
information directly generated
from DNA testing of biological
samples
d. DNA Profile means genetic
information derived from DNA

testing of a biological sample

obtained from a person, which
biological sample is clearly
identifiable as originating from
that person
e. DNA testing means 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 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 ) and

f. Probability of Parentage means

the numerical estimate for the
likelihood of parentage of a
putative parent compared with
the probability of a random
match of two unrelated
individuals in a given population

CHAPTER 9
VEHICULAR ACCIDENTS
A vehicular accident, by medicolegal definition, is an unexpected,
unforeseen happening by chance.
It is not planned, certain and
premeditated or designed

It is unintentional and a fortuitous

event resulting in a persons
death or harm, loss or injury to
persons and property, in any
vehicle travelling by land, sea or
air, which includes cars, trains,
planes, motorcycles, boats,
bicycles, etc.
A traffic collision ( motor vehicle
collision, car accident, or car
crash ) is an occurrence , when a
road vehicle collides with another
vehicle, pedestrian, animal
object, or geographical or
architectural obstacle. It is usually
avoidable, foreseeable and due to
recklessness, and lack of road
courtesy, care and prudence
FACTORS THAT CONTRIBUTE TO
THE RISK OF COLLISION
1. Drunk and drug driving

2.
3.
4.
5.

Vehicle design
Speed of travel
Road design
Driver impairment

World wide, motor vehicle collisions

lead to significant death and disability
as well as significant financial costs to
persons and property and to both
society and the individual
ROAD ACCIDENT TYPES
1. Head On Collision
2. Run Off Road Collision
3. Side Collision
4. Roll Over Collision
CAUSES:
A 1985 study using UK and US
crash reports as data found that
1. 57% of crashes were due solely
to driver factors

2. 27% to combined vehicle and

driver factors
3. 3% solely to roadway factors
4. 3% to combined roadway, driver
and vehicle factors
5. Driver error, intoxication and
distraction disturbance contribute
wholly or partly to about 93% of
vehicular crashes
KEY ELEMENTS TO GOOD DRIVING
1. Good physical and mental
health, and driving within a
maximum period of only 4 hours in
long distances
2. Controlling a car in tip top
condition
3. Reading and reacting promptly
and appropriately to road signs,
conditions, weather and the
environment

4. Alertness, in anticipating the

behavior of other drivers and Road
Courtesy
5. Driving without drinking alcohol
and taking in drugs that affect
alertness and judgment
6. Driving without any distractions
from cell- phones and any personal
gadgets and people that divert,
driving concentration
ALCOHOL RISK:
- In the United States, a Blood
Alcohol Concentration ( BAC )
level of 0.08 or higher is
considered above the legal limit
in nearly every state
- The most frequently recorded
BAC level among drivers who
were killed in alcohol impaired
driving accidents in 2008 was
0.16 or twice the legal limit

- In 2008, 6316 passenger vehicle

drivers, were over the BAC legal
limit when car crashes claimed
their lives
- In the Philippines, a recent study
in 2008 showed that 35.8% of
motor vehicle deaths, were
associated with alcohol used
DRUGS
- Drivers taking the commonly
prescribed anti anxiety drugs or
tranquilizers such as Diazepam
( Valium ) are more than twice as
likely to be involved in traffic
accident as those not taking the
drugs
- The risk of accidents for people
under the age of 45 is more than
three times as great for those
who take the drugs
- Injured drivers with a blood
alcohol concentration of more

than 0.05% were culpable in

nearly 90% of accidents they
were involved in.
MEDICINES:
ROAD RAGE
- The aggressive, impulsive and
angry behavior of drivers, when
confronted by demanding
conditions on the road
- This intermittent explosive
disorder is considered a mental
disorder, that requires psychiatric
treatment and therapy
PHYSICAL IMPAIRMENT
- Old age , decreases driver
competence, due to poor reflexes
and poor health conditions
- Sleep deprivation in the night,
due to long driving time ,

decreases alertness and reflexes,

thus increasing the risks of
vehicular accidents
- Mental and Physical Fatigue also
significantly increases vehicular
accidents by 40%
DISTRACTIONS
ROAD SAFETY
PREVENTION:
- Strict enforcement of traffic rules
and proper screening of driver
applicants, especially drivers of
public utility vehicles are needed
EPIDEMIOLOGY
- Worldwide, it was estimated in
2004 that 1.2 million people were
killed ( 2.2% of all deaths ) and 50
million more were injured in
motor vehicle collisions

- 6th leading preventable cause of

death in the United States is due
to motor vehicle collision
- In the Philippines death due to
accident is the 3rd leading cause
of death

ECONOMIC COSTS
- The global economic cost of MVC
was estimated at 518 billion
dollars per year in 2003 with 100
billion of that occurring in
developing countries