Medical Evidence

Atty Molly Cr Abiog, MD, LlB

University of the Cordilleras
College of Law

Definition
Evidence- (Sec. 1, Rule 128)
The means sanctioned by the Rules of
Court of ascertaining in a judicial
proceeding the truth respecting a
matter of fact
If the means to prove a fact is
medical in nature, then it becomes
medical evidence

Types of Medical
Evidence:
1.
2.
3.
4.
5.

Autoptic or Real Evidence

Testimonial Evidence
Experimental Evidence
Documentary Evidence
Physical Evidence

Types of Medical
Evidence:
1. Autoptic or Real Evidence

Made known or addressed to the

senses of the court, not limited to
vision
Sec. 1 Rule 130 , Rules of Court:
Limitations to the presentation of
autoptic or real evidence:

Indecency and impropriety

Repulsive objects and those offensive to
the sensibilities

Types of Medical Evidence

2. Testimonial Evidence
Physician may be commanded to
appear before the court to give his
testimony
Physician may be presented in court
as an
Ordinary witness or
Expert witness

Types of Testimonial Evidence

A. Ordinary Witness:

A physician who testifies in court on matters

he perceived from his patient in the course of
physician-patient relationship is considered
as an ordinary witness
Sec. 18, Rule 130- Exemption to the ordinary
witness rule, privilege of communication
between physician and patient- (Sec. 24 (c),
Rule 130)

Hearsay information is as a rule not admissible in

court (Sec. 30, rule 130)
Exemption to non-admissibility of hearsay evidence
-DYING DECLARATION (Sec 37, Rule 130)

Types of Testimonial
Evidence
B. Expert Witness:
A physician on account of his training
and experience can give his opinion
on a set of medical facts
Sec. 49, Rule 130, Opinion Rule

Types of Medical Evidence

3. Experimental Evidence:
Example: A doctor may come to
court and give lethal
injection
of poison to a rat to demonstrate
its effect on human beings

Types of Medical Evidence

4. Documentary Evidence:

Most common is medico-legal certificate

(Bring-out your medico-legal certificate)

Types:

Medical Certificate

Medical Examination, Physical Examination,

Necropsy (autopsy), Laboratory Examination,
Exhumation, Birth Certificate and Death Certificate

Medical Expert Opinion- Conclusions

Depositions

Medico-legal History &

Physical Examination
Form (Front page)
from the Medicolegal
Logbook as required
by the Police
Authorities

Medico-legal
History & Physical
Examination Form
(back page) from
the Medicolegal
Logbook as
required by the
Police Authorities

Types of Medical Evidence

5. Physical Evidence:
Articles or materials found in connection
with the investigation
Aids in establishing the identity of the perpetrator
or the circumstances under which the crime was
committed, or
In general assist in the prosecution of the criminal

Types:
A. Corpus Delicti Evidence - Objects or
substances, which may be part of the body of the
crime

Types of Physical Evidence

B. Associative Evidence
Physical Evidence which links a suspect to a
crime.
e.g. Broken headlights of a car wearing
apparel of offender in the crime scene of rape

C. Tracing evidence
Physical Evidence that may help the
investigator to locate the suspect
e.g. Drops of blood going towards the
direction
where the suspect fled

Preservation of
Evidences
Methods of Preserving Evidences:
1. Photographs, Audio or video tape,
microfilm, photostat, photocopy (xerox),
voice tracing
2. Sketching
3. Description
4. Manikin
5. Preservation in the mind of the witness
6. Special Methods

Methods of Preserving
Evidences
1. Photography most practical, useful,
reliable means of preservation
Audio or videotape - Identification of
voice from recording instrument may
sometimes be difficult

Methods of Preserving
Evidences
Audio recording may be dependent on
1. Speed
2. Volume
3. Pitch
4. Timbre
These may change by the instrument used
in the recording and replaying

Methods of Preserving
Evidences
2. Sketching
kinds:
Rough sketch made at the crime scene or
during examination of living or dead body
Finished sketch prepared from the rough
sketch for court presentation

Sketching Method
Essential Elements of the Sketch
1. Measurement must be accurate
2. Compass direction to facilitate proper
orientation in crime scene
3. Essential items with bearing to the
investigation must be included
4. Scale & proportion must be stated
5. Title & legend to tell what it is & the
meaning of certain marks

Methods of Preserving
Evidences
3. Description: Putting into words the
person or thing to be preserved

Minimum Standard Requirements

Skin Lesion kind, measurement,
location, orientation
Penetrating wound (punctures, stab,
gunshot) kind, shape, location, orientation,

direction, other structures involved,

complications and foreign elements that may
be present

Description Methods
Minimum Standard Requirements
Hymenal lacerations location, degree,
duration, complication

Person those requirement in portrait parle

Methods of Preserving
Evidences:
4. Manikin Method:
In a miniature model of scene or of a human
body indicating marks of the various
aspects of the things to be preserved
An anatomical model or statuette may be
used and injuries are indicated with their
appropriate legends
Although it may not indicate the full detail
of the lesion, it is quite impressive to the
viewer as to the nature and severity of the
trauma

Methods of Preserving
Evidences:
5. Preservation in the mind of
the witness:
Disadvantages
A. Capacity to remember time, place
and event may be destroyed or
modified by the length of time, age of
the witness, confusion with other
evidences, trauma or disease, thereby
making the recollection not reliable

Preservation in the Mind of

the Witness
Disadvantages
B. The preservation is co-terminus with
the life of the witness
If the witness dies, then the evidence is lost

C. Human mind can easily be subjected to

too many extraneous factors that may
cause distortion of truth
Other persons may influence a witness to
serve the interest of another or state
untruthful facts to justify an end

Methods of Preserving
Evidences:
6. Special Methods
Special way of treating certain type
of evidence may be necessary
Preservation may be essential from
the time it is recovered to make the
condition unchanged up to the period
it reaches the criminal laboratory for
appropriate examination

Methods of Preserving
Evidences:
6. Special Methods
Special Methods of Preservation
A. Whole human body embalming
B. Soft Tissue 10% formalin solution
C. Blood refrigeration, sealed bottle
container, chemical preservatives
D. Stains (blood, semen) drying or sealed
container
E. Poison sealed container
F. Tissue sections

Kinds of Evidence Necessary for

Conviction
1. Direct Evidence
That which proves the fact in dispute without the
aid of any inference or presumption.
Res ipsa loquitor evidence speaks for itself

2. Circumstantial Evidence
Proof of fact(s) from which taken either singly or
collectively, the existence of a particular fact in
dispute may be inferred as a necessary or probable
consequence

When is Circumstantial Evidence

Sufficient to Produce
Conviction?
1.
2.

More than 1 circumstance

Fact(s) from which inferences are
derived are proven
3. When combination of all
circumstances is such as to produce a
conviction beyond reasonable doubt
(Sec 4, Rule 123, Rules of Court)

QUALITIES of a GOOD EXPERT

WITNESS:
Reputable professional background
(education, formal training, office,
work/experience, affiliations)
Personal integrity and good judgment
Attitude of competence, credibility and
concern
Objective, neutral, independent and
sincere

QUALITIES of a GOOD EXPERT

WITNESS:
the truth, the whole truth and nothing
but the truth
Credibility hinges on not just what was
said but how it was said

Convincing
Able to communicate (clear, articulate,
simple, concise; in lay mans terms)
A good teacher

QUALITIES of a GOOD EXPERT

WITNESS:
Not an advocate even if he/she testifies
for only one side of the case
Opinions/conclusions are reached
independently of interests of litigants
Informs the counsel of the party
engaging his services of all favorable
and unfavorable information
Must acquaint himself/herself of
courtroom procedures, decorum, layout,
availability of presentation aids

QUALITIES of a GOOD EXPERT

WITNESS:
Must disclose to the lawyer who engages
him anything that he thinks might affect
the effectiveness of his testimony
Willing to disagree with so-called
authorities if convinced that they are
wrong
Recognizes that contrary opinions will not
necessarily discredit him
Most effective if firmly convinced that the
theory of liability espoused by counsel is
viable and he/she corroborates this

EXPERT WITNESS:
Entitled to funds covering travel and
attendance in court, and an expert witness
fee
Must not be compensated on a contingent
fee basis
Preferably makes an oral report rather
than in writing
Is served with a subpoena to indicate he is
not a voluntary witness
Is put on call during the trial

Truth
A good lawyer wants you to find out
the TRUTH, and he/she wants to
know ahead of time so he/she is not
caught by surprise later on.
If an experts opinion is contrary to
what the lawyer expects to prove his
case, all is not lost. He might want to
settle rather than go to trial.

Assignment for Lecture 2:

Make a Trial Brief for the
presentation of an expert witness
who is a physician in this case
Grade credit for Preliminary
Examination: 20% of Final Grade.
Case: Andawi Jeoffrey

Case Discussion:

J
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Jeoffrey Andawi

Case Discussion:
Jeo
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An
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Jeff
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