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Legal Med Notes PDF
Legal Med Notes PDF
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
- is the study of the Medical Law and its applicable Jurisprudence that governs,
regulates and defines the practice of medicine.
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 of 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.
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
5. 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
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.
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.
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.
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
Asphyxia
Lazarus Syndrome
- Is also called Lazarus Phenomenon is the spontaneous return of circulation after
failed attempts at resuscitation.
Implications of Lazarus Syndrome
- raise 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
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 APPLOCATION 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 maybe 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
Examples:
1. Abrasion
2. Bruise
3. Incised wound
4. Stab wound
5. Punctured wound
6. Perforating wound
7. Lacerated wound
8. Bites
9. Gunshot wounds
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 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
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 himself. 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.
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 Treatment and Rehabilitation
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 are Demerol and Methadone.
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 dependence may occur.
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
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
2. Arousal
3. Orgasm
4. Resolution
SEXUAL DYSFUNCTIONS ( Classification )
A. As to choice of sexual partners
1. Homosexual
2. Infanto sexual
3. Besto sexual
4. Auto sexual
5. Gerontophilia
6. Necrophilia
7. Incest
B. As to instinctual strength of the sexual urge:
1. Over sex
2. Under sex or sexual frigidity
a. Sexual anesthesia
b. Dyspareunia
c. Vaginismus
d. Old age
C. As to the mode of sexual expression
1. Oralism
a. Fellatio
b. Cunnilingus
c. Analism
2. Sado masochism
a. Sadism
b. Masochism
3. Fetishism
a. Anatomic
b. Clothing
c. Necrophilic
d. Odor ( ospresiophilia )
Kinds of Ospresiophilia
1. Urolagnia
2. Coprolagnia
3. Mysophilia
a. Narcissism
b. Saboteur Fetish
c. Vampirism
F. As to number
1. Troilism
2. Pluralism
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.
SEMEN AND SPERMATOZOA:
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. Psychosomatic disorders physical disorders caused by psychologic factors.
2. Somatiform disorders encompasses several psychiatric disorders in which
people report physical symptoms but deny having psychiatric problems.
3. Generalized Anxiety Disorders
4. Panic Attacks and Panic Disorder
i. Obsessive Compulsive
j. Passive Aggressive
k. Dissociative
5. Phobic Disorders
a. Agoraphobia
b. Specific phobias
c. Social phobia
6. Obsessive Compulsive Disorder
7. Post Traumatic Stress Disorder
8. Depression and Mania
9. Bipolar Disorder
10. Suicidal Behavior
11. Eating Disorders
a. Anorexia nervosa
b. Bulimia nervosa
c. Binge eating disorder
12. Personality Disorders
a. Paranoid
b. Schizoid
c. Histrionic
d. Narcissistic
e. Antisocial
f. Borderline
g. Avoidant
h. Dependent
or forethought.
Types of Compulsion:
a. Pyromania
b. Kleptomania
c. Dipsomania
d. Homicidal impulse
e. Sex impulse
f. Suicidal impulse
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 Legal Importance of determining the persons state of mind are the following
In Criminal law, insanity exempts a person from criminal liability
In Civil law, Insanity is a restriction of the capacity of a natural person to act as
provided in Article 38 of the Civil Code.
Insanity modifies or limits the capacity of a natural person to act as providedin
Article 39, also of the Civil Code.
Insanity at the time of marriage of any or both parties is a ground for the
annulment of marriage.