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Notes On Forensic Medicine PDF
Notes On Forensic Medicine PDF
I would like to give thanks to everyone who helped me in making this PRINCIPLE OF STARE DECICIS
notes possible. Thanks to Jorap and Rika for lending me their time Whom the court has once laid down a principle of law or
transcribing and sharing their notes. Thank you Trish, Vincent A., interpretations as applied to certain state of facts, it will adhere
Leslee, yVee, and Shar for unselfishly sharing your audio recordings. - to and apply to all future cases where the facts are substantially
Mhyko the same
What the Supreme Court lays down is the principle of law, all its
This is my first trans hahaha! Hello hello to:
subjects are duty-bound to follow
My Med, Surg, Neuro, and ano pa nga yung isa? Pedia! I ♥ you Para wala nang tanungan ang mas madaling intindihing meaning
groupmates. nito ay: "Maintain what has been decided and do not alter that
L Group (aka CPC Group 1) and PPG. which has been established"
The good looking UERM Red Cross officers: Rey, Eloise, Leigh,
THREE BRANCHES OF THE GOVERNMENT
Carlo, Jean, Miko and Kat, Fid, Therese and Thea.
2012 APO Men’s basketball team, UERM Palarong Med EXECUTIVE - Tasked to IMPLEMENT THE LAW
Volleyball, Football and T-Tennis teams. Pati narin basketball, The office of the president and
badminton, swimming, and sepaktakraw teams. The different department bureaus
Hi to my grandmother who is from 2013. Mag-ballroom naman LEGISLATIVE - They are tasked to MAKE THE LAW
tayo minsan. I ♥ you grandma! The upper house: The Senate
- jorap The lower house: The House of Representatives
JUDICIARY - Tasked to APPLY or INTERPRET THE LAW
Hello 2012! Goodluck satin lahat sa exams.. Konting tiis nalang.. Days Supreme Court: Chief Justices
to go nalang before sembreak. Yey!! Aral tayo lahat mabuti.. Miko Court of Appeals
thanks dahil ang tyaga nyo gumawa. Notes ko lang naman nadagdag Sandiganbayan
ko eh. Pero I'm glad I helped a little. Anyway, Godbless 2012! :) The Regional Trial Court
-rika (Sent from my iPod)
Which Branch is The Most Powerful?
None. They are all equal branches of the government.
LEGEND: No one is above the other. If congress passes a bill, it
Normal text : lecture and recordings from section a & b can be vetoed by the government. Congress can
Italics : book and 2011 trans overturn the veto by a vote of two-thirds. If the
president accepts the bill, the Supreme Court can
strike it down as unconstitutional. Who appoints
INTRODUCTION
justices to the Supreme Court? The president. Who
SCOPE OF LEGAL MEDICINE submits the budget for the Supreme Court? The
It is the application of medical and paramedical sciences as congress.
demanded by law and administration of justice. The knowledge
of the nature and extent of wounds has been acquired in
BASIC PRINCIPLES OF GOVERNING APPLICATIONS AND
surgery, abortion in gynecology, sudden death, and effects of EFFECTS OF LAWS
trauma in pathology, etc. aside from having knowledge of the
basic medical sciences, like anatomy, physiology, biochemistry, IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE
physics, and other allied sciences. THEREWITH OR “IGNORANTIA LEGIS NOMINEM EXCUSAT”
Strictly speaking, LEGAL MEDICINE is primarily the application of You cannot invoke the excuse that you are doctors, that it’s ok
medicine to legal cases while FORENSIC MEDICINE concerns with for you not know the law because you are not lawyers
the application of medical science to elucidate legal problems. In our current academic status, we are considered more
MEDICAL JURISPRUDENCE denotes knowledge of law in relation knowledgeable and learned than an ordinary layman, it should
to the practice of medicine. It concerns with the study of the be considered an aggravating circumstance for us not to know
rights, duties, and obligations of a medical practitioner with the law.
particular reference to those arising from doctor-patient Ignorance is not an excuse. Know your laws.
relationship.
Nice to know:
NATURE OF THE STUDY OF LEGAL MEDICINE When a congressman sponsors a health bill, it will then
A physician who specializes or is involved primarily with medico- be introduced / passed on to the committee of health
legal duties is known as MEDICAL JURIST (medical examiner, composed of 40-50 congressmen where the bill goes
medico-legal officer, medico legal expert) through public hearings. So the committee can either
kill it there and/or calendar it for three separate
DISTINCTION BETWEEN AN ORDINARY PHYSICIAN AND A MEDICAL meetings in the lower house. At the third meeting,
JURIST congressmen will vote “Nay” or “Yey”. After that, the
An ordinary physician sees an injury or disease on the point of bill goes to the senate and will again undergo three
view of treatment, whole a medico-jurist sees injury or disease separate meetings. They have only up to three years to
on the point of view of cause. do that because they re-elect every three years.
The purpose of an ordinary physician examining a patient is to
LAWS SHALL HAVE NO RETROACTIVE EFFECT UNLESS THE
arrive at a definite diagnosis so that appropriate treatment can
CONTRARY IS PROVIDED
be instituted, while the purpose of the medical jurist in
examining a patient is to include those bodily lesions in his Laws should always be prospective unless it is favorable for the
report and testify before the court or before an investigative accused.
boy; thus giving justice to whom it is due. Laws take effect ONLY AFTER 15 DAYS after the law’s publication
Minor or trivial injuries are USUALLY ignored by an ordinary in a journal/common medium
clinician inasmuch as they do not require usual treatment. A murderer was sentenced to life and during his stay in prison,
Superficial abrasions, small contusion, and other minor injuries the sentence for murder was decreased to 25 years. Since 25
will heal without medication. However, a medical jurist must years is MORE FAVORABLE than life in prison, the new law will
record all bodily injuries even if they are small or minor because apply to them.
these injuries may be proofs to qualify the crime or to justify the If a law was passed punishing students who cheat in med school,
act. retroactive to 50 years, is this constitutional? NO. (Amen to
CRIMINALISTICS – Identification, collection, preservation and CIRCUMSTANTIAL – proof of facts from which, taken either
mode of presentation of the physical evidence, application of singly or collectively, the existence of a particular fact in dispute
sciences in crime detection and investigation. may be inferred as a necessary or probable consequence.
Evidence that cannot stand on its own.
Types of Physical Evidences: Example: Blood stained jacket
1. CORPUS DELICTI – objects/substances which may be part Circumstantial evidence,
of the body of the crime. - Vizconde massacre: blood stained mats, carpets
- Smoking gun - OJ Simpson Case: sheepskin gloves
- Body of the victim of the murdered
- Prohibited drugs recovered from a person WEIGHT, SUFFICIENCY AND APPRECIATION OF EVIDENCE:
- Knife with blood stains or fingerprints of the suspect CIVIL CASE – “preponderance of evidence”
- Stolen motor vehicle identified by plate number and The party having the burden of proof must establish his case
by body or engine serial numbers. by a preponderance of evidence.
2. ASSOCIATIVE – evidence that may link suspect to the
Rule 133, Rules of Court:
crime. An alibi at this point may be considered to be the
Section 1 - Preponderance of evidence, how
weakest defense.
determined - In civil cases, the ff. factors may be
- YOUR SCHOOL ID/nameplate beside a dead body :o
considered:
You become associated with the crime, you
All the facts and circumstances of the case
become a suspect
The witnesses’ manner of testifying, their
3. TRACING EVIDENCE – evidence that may assist
intelligence, means and opportunities of knowing
investigator in locating the suspect. The ELECTRONIC
the facts to w/c they testify
EVIDENCE LAW makes text messages and e-mails now
Nature of the facts to w/c the witness testify
admissible to court as evidence.
The probability and improbability of the witnesses’
- Traces of blood, mobile phone tracker
testimony
The interest or want of interest of the witnesses
BASED ON PROFICIENCY
INTERROGATION TECHNIQUES
ORDINARY EMOTIONAL APPEAL – not done, theoretical only (“Brad, sabihin
Lowest form of criminal career mo na yung totoo please? Bad yun, kasalanan sa Diyos yun.”)
Only engaged in crimes that require limited skill The interrogator must create a mood that is conducive to
They lack the capacity to avoid arrest and conviction. confession.
PROFESSIONAL He may be sympathetic and friendly to the subject. The
Highly skilled and rarely detected subject may be willing to disclose more information if he is
commit crimes that require special skills rather than treated in a kin spirit.
violence. MUTT AND JEFF TECHNIQUE – a.k.a. good cop/bad cop routine.
Example: Pickpockets, shoplifters 2 investigators with contrasting personalities.
Mutt: arrogant and relentless(bad cop)
BASED ON PSYCHOLOGICAL CLASSIFICATION
Jeff: friendly, sympathetic and kind(good cop)
EMOTIONAL
When Mutt is not present Jeff will advice the subject to
Heat of passion, anger, or revenge, and also who commit
make a quick decision and plea for cooperation.
offenses of accidental in nature.
BLUFF ON SPLIT-PAIR TECHNIQUE – several suspects; have 2
Usually have a feeling of remorse, mental anguish, or
sets of investigators in separate rooms.
compunction as a result of their acts. They have the sense of
All who are allegedly participated in the commission of a
moral guilt.
crime are interrogated separately and the results of their
The most effective interrogation approach to use for them is
individual statements are not known to one another.
based upon sympathetic consideration regarding their
While one of the subjects is under interrogation, the
offense and present difficulty.
interrogator may claim that the subject was implicated by
Example: a man comes home seeing his wife with another
the author and that there is no use for him to deny
man and kills them both.
participation.
Penalty: Destierro
STERN APPROACH – TORTURE. Evidences or testimonies taken
Destierro by torture is considered inadmissible evidence and will subject
Defined as: "Banishment or only a prohibition from the torturer to capital punishment.
residing within the radius of twenty (25) kilometers Physical violence – most common way of torture
from the actual residence of the accused for a specified
The best way to torture a person is not to have any
length of time."
external marks. (Example: Water immersion
Example: A wife catches her husband with another woman technique, suffocation, electrocution in the testicles,
(or another man) and kills them both and by tickling ONLY IN THE PHILIPPINES!!)
Penalty: The wife is not justified to killing her husband and
LENGTHY, TIME CONSUMING NARRATION – “kwento mo nalang
his “whatever”, it is an INCOMPLETE JUSTIFICATION. The
sakin kung anong nangyari ha, uupo nalang ako dito.”
wife will have to go to jail.
There may be a moment when the subject becomes
Patience is a virtue. If you’re going to kill your wife or confused and desists from making further statement for
husband with another man or woman, don’t kill them fear of contradicting his previous statement.
when they are still in foreplay, you have to wait they
are in the act of having sex. Dura lex sed lex.
Dura lex sed lex
[the] law [is] harsh, but [it is the] law
Circumstantial or Corroborative – not direct to the issue RIGOR MORTIS – the whole muscles of the body is
“Before opening the door, I saw Rafael running away, holding his involved. Manifests 3-6 hours after death. A natural
underwear, then upon entering the room I saw Glenda, without phenomenon. Occurs much faster in warmer regions
underwear.” or areas.
(Only corroborative, because Rafael was not seen forcibly entering
PARAFFIN TEST – results are only presumptive, not
Glenda. For all we know, Rafael may be running away because he
conclusive
was being raped by Glenda. )
THE MEDICAL CERTIFICATE
SIMULATION OF BIRTH – A CRIME
- Medicolegal report and Medical Certificate – two different
Example: Girl A and girl B are twin sisters and girl A could not bear
reports.
a child so girl B agreed to be the surrogate mother. Upon giving
- Any certificate issued by a doctor can be a subject of a subpoena.
birth, girl A wanted to put her name on the baby’s birth certificate
- Required by the police to prove injuries, etc.
as the one who gave birth. Is it legal? Right? – It is ILLEGAL and
- Penalty → 6 mos imprisonment
WRONG! DO NOT ACCEPT!
12-20 years imprisonment What is the difference between the terms DIAGNOSIS and
CLINICAL IMPRESSION in law?
DIAGNOSIS – no room for error
SUBSTITUTION OF ONE CHILD FOR THE OTHER
CLINICAL IMPRESSION – there is room for error
Example: “Kunin yung bata kasi cute.”
Wrong – imprisonment between 12-20 years In writing a medical certificate, it is better to use
“clinical impression” than “diagnosis”
MEDICOLEGAL REPORT
In reporting, do not add what is not there and do not remove
what is there.
“The patient is not your friend and the accused is not your
enemy.”
Pattern of wounds - one look and you already know PHYSICAL INJURIES: CONCLUSION
what caused the injury
- “Barring any complications or injuries not clinically apparent at
“It is important to describe the wound. If you cannot the time of examination, patient’s injuries shall require medical
say if the wound is lacerated or a stab wound, you just attendance or shall incapacitate the patient from performing his
better describe the wound. Direct evidence is habitual work for a period of not less than ______ days but not
presented in court, you can now state with certainty more than _____ days.”
that the instrument used can consistent with the injury
sustained.” CATEGORIES OF PHYSICAL INJURIES:
- SLIGHT INJURY: 0-9 days required for medical attendance and
Example: The patient had a lacerated wound and went time that the patient is rendered incapacitated.
to St. Lukes, was sutured, then went to UERM. How - LESS SERIOUS INJURY: More than 9 days but less than 30 days
would you describe it? “The patient came in with a - SERIOUS INJURY: more than 30 days
sutured wound.” NOT LACERATED WOUND.
CAN A WOMAN BE RAPED WHILE SHE IS ON HER NATURAL Deceit – there is cheating, misrepresentation
SLEEP? Distinction between Qualified and Simple Seduction:
It may happen, but highly improbable. Virginity is an element of qualified, but not of simple
CAN RAPE BE COMMITTED ON A PROSTITUTE? Deceit is an element of simple, but not of qualified
Yes. Virginity or unchaste character is not a necessary ABDUCTION
element of the crime of rape.
FORCIBLE ABDUCTION
CAN A WOMAN COMMIT THE CRIME OF RAPE ON A MAN? Taking away of a woman with lewd design
It can only be committed on a woman and not a man
LEWD DESIGN
(inclusion UNIUS ET EXCLUSION ALTERIOS) she committed
Desire to have sex with a woman. The intent to seduce
Acts of lasciviousness.
is sufficient sexual intercourse is not necessary to
MAY RAPE CAUSE DEATH? convict the abductor.
Yes. The introduction of a matured male sex organ into the
The woman need not be a virgin, 12-18 years old, as long as
vagina of a young girl may produce local injury sufficient to
there is use of force
produce death (hemorrhage, gangrene, peritonitis)
If successful of having sex: Abduction with rape
ACTS OF LASCIVIOUSNESS
REQUISITES:
Touching of private parts with an attempt to lay Person abducted must be a woman
If touching private parts just to annoy, is it not acts of Abduction is against her will
lasciviousness, but UNJUST VEXATION. (Penalty: P100) There must be lewd designs
You have to prove the intention for it to be classified as acts of
lasciviousness. CONSENTED ABDUCTION
Lascivious acts are conducts which tend to excite lust or Abduction of a virgin 12-18 years old, carried out with her
produce voluptuous or lewd emotion consent and with lewd designs
“Tanan”
ELEMENTS OF THE CRIME Filed by the parents of the daughter against the boyfriend
The offender commits any act of lasciviousness and was
committed by the following means: ADULTERY
Using force or intimidation Married woman having sex with a man other than her husband,
Depriving the offended party of reason or otherwise and by the man who has carnal knowledge of her, knowing her
unconscious to be married.
When the woman is under 12 years of age. Who can be charged?: married woman and her lover
Defense of the lover/paramour: “I did not know that she is
ACTS OF LASCIVIOUSNESS with CONSENT (REQUISITES):
married!”
The offender must be a man who committed acts of
lasciviousness CONCUBINAGE
Victim is a woman who is a virgin, or single, or a widow of
good reputation, over 12 years and under 18 years of age Married man having sexual intercourse with a woman other
The offender was able to perform the lascivious acts by than his wife (Concubine)
abuse of confidence, authority, relationship or deceit. Penalty:
Of the concubine: Destierro
QUALIFIED SEDUCTION Of the married man: no penalty
The seduction of a 12-18 year old committed by any person in
public authority, priest, house-servant, domestic, guardian, How is Concubinage committed?
teacher or any person shall be entrusted the education or Keeping the mistress in the conjugal homes
custody of the woman seduced Having scandalous sex
Cohabiting with the concubine.
REQUISITES:
The virginity of the offended party
Age of the offended party must be 12-18 y/o
ABRASION/CONTUSION COLLAR – appears circular if the shooter is in 8. Infanticidal death is killing of a child:
front of the victim and oblique if otherwise. a. Below 3 days old
b. Below 3 weeks old
PARAFFIN TEST c. Below 3 months old
Results only presumptive d. Below 3 years old
Do in the DORSUM of the hand
Must be done within 3 days 9. Which would indicate that a gun was fired at a short range?
False (+) – smoker, shooting range a. Abrasion collar
False (-) – shooter wore gloves, used vinegar to remove debris?, b. Smudging
excessive handwashing, testing days after shooting c. Edges of gunshot wound are inverted
d. Smaller point of entry in gunshot wounds
PARICIDE
10. The application of scientific knowledge or science to elucidate
killing of spouse, ascendants/descendants (whether legal or
legal problem is
illegal)
a. Medical jurisprudence
b. Legal medicine
Greetings to: c. Forensic medicine
El Maestro Miko Ramoso d. Forensic pathology
MR. Gerald Libranda na ayaw maniwala na may legal 11. The scope of Legal Medicine includes:
med trans a. Anatomy
My study buddies sa Mini Stop. b. Physiology
UERM Red Cross members c. Physics
d. AOTA
SAMPLE EXAM QUESTIONS e. NOTA
I included this part, so that it would be fair for everyone. 12. Types of medical evidence EXCEPT:
a. Autoptic or real evidence
1. The products of combustion produced by a firearm that will give a b. Testimonial evidence
physical finding in the point of entry are the following, EXCEPT: c. Experimental evidence
a. Singeing d. Documentary evidence
b. Tattooing e. Photographic evidence
38. Presidential Decree No. 169 mandates all physicians to report all
cases involving:
a. Slight and less serious physical injuries
b. Less serious and serious physical injuries
c. Mutilation
d. Child abuse
41. The odds in two persons having the same set of fingerprints is:
a. 1 to 64,000
b. 1 to 64 million Bonus!!
c. 1 to 64 billion
d. 1 to 64 trillion