“OtKEME OF 109 Ti 15 CHAPTER 14 125 ALCOHOL isi CHAPTER 15 131 SEX CRIMES AND) DEVIATIONS CHAPTER 1g 43 PEOXYRIBONUL Ee ACID (DNA) BibliographyCONCEPT, NATURE, HISTORY OF LEGAL MEDICINE MEDICAL EVIDENCE ‘There is only one path to the mastery of legal medicine and that is, an extensive practical experience acquired by a daily whole time application and study of medical problems which are presented by crimes of large community like Metro-Manila. Legal medicine is a branch of medicine that deals with application of mecical knowledge for the purpose cf law and administration of justice. It is also a part of medical science which is employed by the legal authorities for the solution of legal problems. Any physician who testifies in court in his professional capacity can be considered a practitioner of legal medicine. Medical Jurisprudence is that part of the law which is concerned with regulations governing the professional practice of the Doctor of Medicine The sights, duties and obligations of the medical practitioner to his patient. Technical Definitions 1. Law - is a Rule of Conduct, just and obligatory laid by legitimate powers for common observance and benefit 2 Legal Medicine 3. Jurisprudence - is a practical science which nvestigates the nature, origin, development nd functions of law. 4. Principle of Stare Decisis - A principle that when the court has once laid down a principle of law as applied to a certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same. . Criminalistics — It is the application of medical and other basic sciences in crime detection and investigation. It includes collection, identification and preservation of evidence. History of Legal Medicine 1858 - The first medical textbook printed inchiding pertinent instruction related to medico-legai practice and included in pre curriculum of Collegeof + Medicine University of Santo Tomas. 1895 -. Medico-legal laboratory was established in the city of Manila, gl Legal Medicine 3Mo UUIUUB IE LE a LeU iippines. schools in the Phi; 1919 - The Department of Legal Medicine and ethics of the University of the Philippines was created under Dr, Sixto delos Angeles as the chief. 1945 - After the liberation of Manila, Criminal Investigation Laboratory Division was createé with Dr. Mariano Lara a chief Medico-legal officer, The médico-legal ‘system is used in Philippines at present which is handled by a medico-legal officer who is a registered physician duly qualified to practice medicine in the Philippines. The National Bureau of Investigation and Philippines National police have their own medico-legal officers with their respective medico- legal officers. The medivo-legal officer is the one who investigates Medico-Jegal cases of deat! physical injuries, rape and other sexual crimes. Persons Authorized to Perform. Autopsies. 1. Medico-legal officers of Jaw enforcement agencies like the NBI and PNP. © Medical staff of accredited hospitals 3. Health officers in remote or rural areas. — Medical Evidence : is a means, sanctioned by rules of rtaining in the judicial proceedings especting the matter of fact. (Rules of court, Rule 128 section 1) medical evidence if the jeans employed to prove a fact is medical in atu Type of Medical Evidence 1, Real, autoptic or object evidence — It is an evidence that made known or addressed to the senses of the court. The probative value of real evidence is the best and highest form of proof. Example. Human Skeletal remains may be allowed inside the court room to show presence of Ante Mortem fractures: fy Testimonial Evidence ~ form of evidence taken orally or in writing the answers to questions profounded by the counsel and presiding officer of the court. A medical witness can only testify on matters derived by his own perception. Hearsay informations are as a rule not admissible in court. Hearsay evidences are not knowledge of the witness but from mere repetition of what he has heard. A witness can testify only to those facts which he knows of his own knowledge. Exception to the non-edmissibility of hearsay evidence is dying declaration. Physicians are frequent $F" Legal Medicine 5