August 5,2019

Legal Medicine – is a branch of Medicine which deals with the

application of medical knowledge to the purposes of law and justice. It
is the application of the basic and clinical, medical and paramedical
sciences to elucidate legal matters

Purposes of the Study

1. To give the Medical Practitioner a theoretical and practical

knowledge of Medical Science in relation to law.

2. To inform the Physician of his rights and duties as an expert witness

in the pursuance of law and justice.

3. To inform students of Law of the methods of correlating medical

evidence with its legal significance. It also aims to train future lawyers
on the proper procedures of examining an expert medical witness so
that justice may be rendered to where it is due.

4. To acquaint medical and law students and practitioners of the recent

advances of forensic medicine and the medico legal systems and
procedures adapted in the Philippines and other countries.

5. To enable students of law, criminology, and police sciences to

understand the medical aspect of criminal investigation, as well as their
significance, interpretation, and probative value in court.

Scope of Legal Medicine: The scope of legal medicine is quite broad

inasmuch as it covers all branches of medicine and allied sciences to the
application of law and justice.
Nature of Legal Medicine: knowledge of legal medicine means the
ability to acquire facts, the power to arrange those facts in their logical
order, and the application for purposes of law the conclusion which
they lead to.

Branches of Law where Legal Medicine is principally applied:

1. Civil Law – That branch of law which deals with a system of norms or
rules of a character general and common which regulate the relations
of persons, individual or collective, and which protects the person in his
personality as well as his interests both moral and patrimonial. As such,
therefore legal medicine can be applied to the following:

Civil Law is a mass of precepts that determines and regulates the

relationships of members of society in the interest of protecting their
lawful private interests.

Our civil laws are scientifically and systematically compiled in the

Civil Code of the Philippines (Republic Act No. 386)

In civil law, knowledge of legal medicine may be useful on the

following:

a. The determination and termination of civil personality (Art. 40 &41)

b. The limitation or restriction of a natural person’s capacity to act (Art.

23&29)

c. Marriage and legal separation

d. Paternity and filiation

Filiation - the assignment of paternity to someone, such as a bastard

child
Paternity – the fact or condition of being a father

e. The testamentary capacity of a person making a will

f. The right to hereditary succession

2. Criminal Law – branch or division of law which defines crime, treats

of their nature, and provides for their punishment. The Philippine
criminal law is codified in the Revised Penal Code and may also be
found in the penal provisions of the special laws.

Legal medicine is applicable in the following provisions of the

penal code:

a. Circumstances affecting criminal liability

b. Crimes against person

c. Crimes against chastity

3. Remedial Law – branch of law which deals with the rules concerning
pleadings, practice and procedure in all courts of the Philippines.

It is the law which gives a party a remedy for a wrong. It is

intended to afford a private remedy to a person injured by the wrongful
act. It is designed by law, which redresses an existing grievance or
introduces regulation conducive to public good.

Remedial laws are embodied in the Rules of Court of the

Philippines and also in the remedial provision of Special Laws.

Legal Medicine may be applied in the following provisions of the

Rules of Court:

a. Physical and mental examination of a person (Rule 28)

b. Proceedings for hospitalization of an insane person (Rule 101)

c. Rules on evidence (Part IV)

4. Special Laws

a. Insurance law

b. Employer’s Liability act

c. Labor Code(P.D. 442)

d. Dangerous Drug Act (R.A.6425)

e. Youth and Child Welfare Code (P.D. 603)

f. Code of Sanitation (P.D. 856)

Medico-Legal Officer – is a physician duly qualified to practice medicine

in the Philippines and has sufficient experience and training in all
branches of medico-legal work. All municipal and city health officers are
bestowed with the duties of a Medico-legal officer. Any Physician in
attendance of a victim of physical injuries where justice and law are
sought after is an ex officio medico-legal officer but is more
appropriately called an expert medical witness.

Duties of the Medico-legal Officer:

He investigates death upon request, expressed or implied, from

competent authorities. He is authorized to perform autopsy and
conduct serology or toxicology examinations relevant to the
circumstances of death.
August 19, 2019

Brief History of Legal Medicine

A. Worldwide setting

The earliest recorded medical expert was Imhotep (2980 B.C.). He

was the chief physician and architect of King Zoser of the third dynasty
in Egypt. He also built the first pyramid. During his time the first
recorded report of a murder trial was written in clay tablet.

The oldest code of law was the Code of Hammurabi (2200 B.C.). It
included legislation on adultery, rape, divorce, incest, abortion, and
violence.

Hippocrates (460-355 B.C.), also known as the father of medicine

discussed the lethality of wounds.

Aristotle (384-322 B.C.) fixed the animation of a fetus at the 40 th

day after conception.

About 300 B.C. the Chinese Materia Medica gave information on

poison including aconite, arsenic, and opium. Hashish (Marijuana) was
believed to have been used by the Chinese as a narcotic in surgery as
early as 200 B.C.

Roman Emperor Numa Pompilius (600 B.C.) decreed that bodies

of dying pregnant women should immediately be opened in order to
save the child’s life. It is believed that Julius Caesar (100-44 B.C.) was
born through this method, hence the procedure is now called
Caesarean Section.
 The first “police surgeon” or forensic pathologist was Antistius. He
performed the autopsy on Julius Caesar who was murdered in 44 B.C.

Antistius testified that Julius Caesar bore 23 wounds but only one
penetrated the chest cavity through the space between the first and
second ribs.

Justinian (483-565 A.D.), in his Digest, made mention that a

physician is not an ordinary witness but one who gives judgement
rather than testimony. This led to the recognition of the physician as an
expert witness in court.

The first textbook in legal medicine was written in 1532 during the
reign of Emperor Charles V of Germany. It was included in “Constituto
Criminalis Carolina”.

Pope Gregory IX in 1234, ordered the preparation of the “Nova

Compilatio Decretalium” which concerned medical evidence, marriage,
nullity, impotence, delivery, caesarean section, legitimacy, sexual
offenses, crimes against persons and witchcraft.

Pope John XXII, in the 14th century expressed the need of experts
in the ecclesiastical courts, in the diagnosis of leprosy and medico-legal
cases.

Ancient China published the HSI Yuan Lu (Instructions to Coroner).

It is a five volume book dealing with inquest, criminal abortion,
infanticide, signs of death, assault, suicide, hanging, strangling,
drowning, burning, poisoning and antidotes, and examination of the
dead.
 In 1575, Ambroise Pare, wrote a book in legal medicine wherein
he discussed abortion, infanticide, death by lightning, hanging,
drowning, feign disease, distinction between ante-mortem and post-
mortem wounds, and poisoning by carbon monoxide and corrosives.

Paulus Zacchias (1584-1659) – a papal physician, is regarded as

the “father of forensic medicine”. He published the “Questiones
Medico-legales” which dealt with the legal aspects of wounds, and the
detection of secret homicide. He was the first to describe the
application of medicine to the proper administration of justice.

In 1598, Severino Pineau, a French, published a work on virginity

and defloration. He confirmed the existence of the hymen and that it
may not rupture during sexual intercourse.

Orfila (1787-1853) introduced chemical methods in toxicology. He

wrote the “Traite’ des Poison” which dealt with mineral, vegetable,
and animal poison in relation with physiology and legal medicine. He is
considered as the founder of modern toxicology.

B. In the Philippines

In 1858, the first medical textbook entitled “Manual de Medicina

Domestica” which included pertinent instructions related to medico-
legal practice was written by Spanish chief army physician Dr. Rafael
Genard y Mas.

In 1871, legal medicine was introduced as an academic subject in

the School of Medicine of the then Real y Pontifica Universidad de
Santo Tomas, now known as UST.
 In March 31,1876, the King of Spain through Royal decree 188,
created the position of “Medico Titulares” and that officer was made in
charge of public sanitation and medico-legal aid in the administration of
justice.

In 1894, rules regulating the services of the “MedicoTitular y

Forences” was published.

In 1895, the first medico-legal laboratory was established in the

City of Manila and extended its services to the provinces.

In 1898, the American Civil Government preserved the Spanish

forensic medicine system.

In 1901, the Philippine Commission created the provincial, insular,

and insular Board of Health (Act Nos. 157,307 and 308). The Philippine
Legislature maintained the pre-existing medico legal system of the
Spanish Regime and assigned the duties of the “Medico Titulares” to
the Inspectors and Chairmen of this Board.

In 1908, Philippine Medical Schools incorporated the teaching

once a week of Legal Medicine as a separate subject to fifth year
medical students. This textbook does not have a record as to when the
subject was first offered to the College of Law.

In 1919, the University of the Philippines created the Department

of Legal Medicine and Ethics with the Head having a salary of
PHP4,000 per annum, half-time basis, with Dr. Sixto de los Angeles as
the chief.

In January 22, 1922, the Head of the UP Department of Legal

Medicine and Ethics was appointed as concurrent Head of the Medico-
Legal Department of the Philippine General Hospital without additional
pay.

In March 10, 1922, the Philippine Legislature enacted Act.No.

1043 incorporated in the Administrative Code Section 2465 which
provided that the Department of Legal Medicine of UP become a
branch of the Department of Justice.

In December 10, 1937, Commonwealth Act. No 181 created the

Division of Investigation under the Department of Justice. The Medico-
legal section was made an integral part of the Division with Dr.Gregorio
T. Lantin as the chief.

In March 8, 1939, the UP Department of Legal Medicine was

finally abolished and all its functions were transferred to the Medico-
legal section of the Division of Investigation.

In July 4, 1942, President Jose P. Laurel issued an executive order

which consolidated all law enforcement agencies and created the
Bureau of Investigation in July 8, 1944. This bureau became inactive as
a result of the Japanese occupation during World War II.

In 1945 immediately after the liberation of the City of Manila, the

Provost Marshall of the United States Army created the Criminal
Investigation Laboratory with the office of the Medical Examiner as
integral part and with Dr. Mariano C. Lara as Chief Medical Examiner.

In June 28, 1945, the Division of Investigation, under the

Department of Justice was reactivated.
 In June 19, 1947, by executive order, Republic Act No. 157 again
created the Bureau of Investigation under which a Medico-legal
Division was headed by Dr. Enrique V. de los Santos.

By that time, there also existed a Medico-legal Division of the

Criminal Laboratory Branch of the Philippine Constabulary. The
Philippine Constabulary eventually evolved to be what is now the
Philippine National Police.

All provincial, municipal, and city health officers, physicians of

hospitals, health centers, asylums, penitentiaries and colonies are ex-
officio medico-legal officers.

When registered physicians were not available in remote rural

areas, a non medical graduate could perform medico-legal work and
such was called a ”Cirujano Ministrante”. It is unclear what qualified a
person to be appointed as cirujano ministrante but the position has
been abolished by the approval of Republic Act 1982 in June 15, 1954
which created a Rural Health Unit to every municipality thus limited
medico-legal function to qualified physicians.

In June 18, 1949, Republic Act 409 which was later amended by
Republic Act 1934 provides (Sec. 38) for the creation of the Medical
Examiners and Criminal Investigation Laboratory under the Police
Department of the City of Manila.

As part of the history of Legal Medicine it was In December 23,

1975, when Presidential Decree 856 was promulgated and Sec. 95
provides:
A. Persons authorized to perform autopsies:

Autopsy is defined as the examination of a body after death to

determine the cause of death or the character and extend of changes
produced by disease or injury. s

1. Health Officers

2. Medical Officers of Law enforcement agencies. (today these are the

PNP Crime Laboratory, NBI, Public Attorney’s Office Forensic
Laboratory)

3. Members of the Medical Staff of accredited hospitals

B. Autopsies shall be performed in the following cases:

1. Whenever required by special laws

2. Upon order of a competent court, a mayor, or a provincial or city

fiscal

3. Upon written request of police authorities

4. Whenever the solicitor general, provincial or city fiscal deem it

necessary to disinter and take possession of the remains for
examination to determine the cause of death. (Exhume for autopsy or
re-autopsy)

5. Whenever the nearest kin shall request in writing the authorities

concerned to ascertain the cause of death.
September 2, 2019

A. Introduction & Definitions

1. Legal Medicine – is a branch of Medicine which deals with the

application of medical knowledge to the purposes of law and justice. It
is the application of the basic and clinical, medical and paramedical
sciences to elucidate legal matters.

2. Forensic Medicine – is synonymous with Legal Medicine, however,

legal medicine strictly means medicine applied to legal cases, while
forensic medicine refers to the use of medical science to elucidate legal
problems.

3. Medical Jurisprudence – branch of law which deals with the

organization and regulation of the medical profession, with the
contractual obligations existing between practitioner and his patient,
and with the duties imposed on the practitioner by the State.

B. Distinctions between Legal Medicine and Medical Jurisprudence

1. Legal Medicine is a branch of Medical Science while Medical

Jurisprudence is a branch of Law.

2. Legal Medicine is Medicine applied to law and administration of

justice while Medical Jurisprudence is law applied to the practice of
medicine.
3. Legal Medicine basically originates from the development of medical
science whereas Medical Jurisprudence emanates from Acts of
Congress, executive orders, administrative circulars, customs and
usages, and decisions of tribunals which have relation to the practice of
medicine.

4. Legal Medicine is based on the principle of coordination meaning it

coordinates medicine to law and justice. Medical Jurisprudence is based
on the principle of subordination meaning the Physician is duty bound
to obey the laws that govern the medical profession.

C. Purposes of the Study

1. To give the Medical Practitioner a theoretical and practical

knowledge of Medical Science in relation to law.

2. To inform the Physician of his rights and duties as an expert witness

in the pursuance of law and justice.

3. To inform students of Law of the methods of correlating medical

evidence with its legal significance. It also aims to train future lawyers
on the proper procedures of examining an expert medical witness so
that justice may be rendered to where it is due.

4. To acquaint medical and law students and practitioners of the recent

advances of forensic medicine and the medico legal systems and
procedures adapted in the Philippines and other countries.

5. To enable students of law, criminology, and police sciences to

understand the medical aspect of criminal investigation, as well as their
significance, interpretation, and probative value in court.
Scope of Legal Medicine: The scope of legal medicine is quite broad
inasmuch as it covers all branches of medicine and allied sciences to the
application of law and justice.

Nature of Legal Medicine: knowledge of legal medicine means the

ability to acquire facts, the power to arrange those facts in their logical
order, and the application for purposes of law the conclusion which
they lead to.

A physician is expected to be an impartial observer, intent only on

seeking the truth of a case in relation to its circumstances. He must also
possess the ability to impart in words or in writing all of his
observations. He must also be able to give his logical opinion.

Some members of the medical profession regard court appearance for

medico legal testimony with abhorrence treating it as additional burden
to their duties. Some will refuse to handle medico legal cases out of
fear, or due to waste of material time when being summoned in court.
But, no physician in practice can ignore a summons nor refuse to
appear in court to testify on a medico legal case.

Medical Jurist (definition) – is a physician who specializes in the science

of legal medicine. He possesses a sufficient knowledge of pathology,
surgery, toxicology, and other branches of medicine in its application to
law and justice. Sometimes a Medical Jurist is called Forensic
Pathologist.
Differences between an Ordinary Physician and a Medical Jurist:

1. An ordinary physician sees an injury or disease on the point of view

of treatment, while a medical jurist sees injury or disease as regards to
cause.

2. The purpose of an ordinary physician’s examination of a patient is to

institute remedy of treatment, while that of a medical jurist is for law
and to give justice to one where justice is due.

3. Minor bodily lesions may be insignificant to an ordinary physician to

warrant attention for they may not necessitate treatment or produce
untoward effect. To a medical jurist, physical injuries of whatever
nature, size, and location must be appreciated and described. His
examination may prove force and may change the nature of the crime,
or it may prove justification on the part of the offender to inflict injuries
on the victim.

Other definitions:

1. Law – is a rule of conduct, just, obligatory, laid by legitimate power

for common observance and benefit. It is a science of moral laws
founded on the rational nature of man which regulate free activity for
the realization of his individual and social ends.

The word Law includes regulations and circulars which are issued to
implement a law.

Characteristics of Law:
a. It is a rule of conduct

b. It is dictated by legitimate power

c. Compulsory and obligatory to all

Forms of Law:

a. Written or statutory law (Lex Scripta)

This is composed of laws which are produced by the country’s

legislations and which are defined, codified, and incorporated by the
law-making body.

b. Unwritten or common law (Lex non Scripta)

This is composed of the unwritten laws based on immemorial

customs and usages. It is sometimes referred to as case law, common
law, jurisprudence or customary law.

2. Medicine: is a science and art dealing with prevention, cure, and

alleviation of diseases. It is the science and art of diagnosing, treating,
curing, and preventing disease, relieving pain, and improving and
restoring the health of a person.

3. Legal: that which pertains to law, arising out of or included in law. It

also refers to anything conformable to the letters or rules of law as
administered by the court.

4. Jurisprudence: It is a practical science which investigates the nature,

origin, development and functions of law. It is a science of giving a wise
interpretation of the law and making just application of them to all
cases as they arise.
Judicial decisions arrived at by applying or interpreting the laws forms
part of the Philippine jurisprudence. These are mostly derived from
decisions of the Supreme Court being the final arbiter on legal issues.
However, decisions of the Court of Appeals may serve as precedent for
inferior courts on points of law not covered by Supreme Court
decisions.

5. Forensic:

It denotes anything belonging to the court of law or used in court

or legal proceedings or something fitted for legal or public
argumentation

Principle of Stare Decicis:

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 that principle,
and apply it to all future cases where the facts are substantially the
same.

Some Basic Principles Governing Application and Effects of Laws:

1. Ignorance of the law excuses no one from compliance therewith or

“Ignorancia legis nominem excusat” (Art. 3,Civil Code)

This principle aims to prevent ignorance of the law as a means of

defense for violating the law. However, this maxim is not inflexible. It is
only applicable to a clear manifest and truly inexcusable ignorance of
the law.

2. Laws shall have no retroactive effect, unless the contrary is provided

(Art.4, CivilCode)
A law can only be applied to cases after its promulgation and must not
be given retroactive application.

A law, however may be given retroactive effects in the following

instances:

a. When the law provides the contrary (Art. 4, Civil Code)

b. Penal laws shall be given retroactive effect if favorable to the

accused, who is not habitually delinquent (Art. 22, Revised Penal Code)

c. When the statute is remedial in nature because there is no vested

right in the rules of procedure and evidence.

d. When the law creates a new substantive right.

3. Rights may be waived, unless the waiver is contrary to law, public

order, public policy, morals, good customs, or prejudicial to a third
person with a right recognized by law (Article 6, Civil Code).

A right is the power, privilege, faculty which entitles a man to

have, or to do, or to receive from another within the limits prescribed
by law.

Waiver or the act of waiving is the intentional or voluntary

relinquishment, abandonment or throwing away, renunciation,
surrendering of a known right.

Situations wherein waiver is not allowed by the law:

a. When such waiver will be contrary to the existing law.

b. When it is against public order, public policy, morals and good

customs.
c. When in so waiving it is prejudicial to a third person with a right
recognized by law.

4. Customs which are contrary to law, public order or public policy shall
not be countenanced. (Art. 11, Civil Code). A custom must be proved as
a fact according to the rules of evidence (Sec. 12, Civil Code)

Custom is a usage or practice of the people, which by common

adoption and acquiescence and by long and unvarying habit, has
become compulsory, and has acquired the force of a law with respect
to the place and subject matter to which it relates. (Black’s Law
Dictionary, 4th ed.)

Customs constitute sources of supplementary law in default of

specific legislation.

However, if the custom is contrary to the existing law or to public

order and policy, the law must prevail.

5. Laws are repealed only by subsequent ones, and their violation or

non-observance shall not be excused by disease, custom or practice to
the contrary.

When the court declares a law to be inconsistent with the

constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be

valid only when they are not contrary to the laws or the constitution
(Art. 7, Civil Code)

The constitution is the fundamental law of the land. All acts,

administrative or executive orders contrary to the provision of the
constitution shall be deemed void.
 Any existing law which is inconsistent with a subsequent law is
deemed repealed by the latter law.

Administrative or executive acts, orders and regulations are

considered valid when they are not in contravention with the existing
laws.

Branches of Law where Legal Medicine is principally applied:

1. Civil Law – That branch of law which deals with a system of norms or
rules of a character general and common which regulate the relations
of persons, individual or collective, and which protects the person in his
personality as well as his interests both moral and patrimonial. As such,
therefore legal medicine can be applied to the following:

Civil Law is a mass of precepts that determines and regulates the

relationships of members of society in the interest of protecting their
lawful private interests.

Our civil laws are scientifically and systematically compiled in the

Civil Code of the Philippines (Republic Act No. 386)

In civil law, knowledge of legal medicine may be useful on the

following:

a. The determination and termination of civil personality (Art. 40 &41)

b. The limitation or restriction of a natural person’s capacity to act (Art.

23&29)

c. Marriage and legal separation

d. Paternity and filiation

Filiation - the assignment of paternity to someone, such as a bastard
child

Paternity – the fact or condition of being a father

e. The testamentary capacity of a person making a will

f. The right to hereditary succession

2. Criminal Law – branch or division of law which defines crime, treats

of their nature, and provides for their punishment. The Philippine
criminal law is codified in the Revised Penal Code and may also be
found in the penal provisions of the special laws.

Legal medicine is applicable in the following provisions of the

penal code:

a. Circumstances affecting criminal liability

b. Crimes against person

c. Crimes against chastity

3. Remedial Law – branch of law which deals with the rules concerning
pleadings, practice and procedure in all courts of the Philippines.

It is the law which gives a party a remedy for a wrong. It is

intended to afford a private remedy to a person injured by the wrongful
act. It is designed by law, which redresses an existing grievance or
introduces regulation conducive to public good.

Remedial laws are embodied in the Rules of Court of the

Philippines and also in the remedial provision of Special Laws.
 Legal Medicine may be applied in the following provisions of the
Rules of Court:

a. Physical and mental examination of a person (Rule 28)

b. Proceedings for hospitalization of an insane person (Rule 101)

c. Rules on evidence (Part IV)

4. Special Laws

a. Insurance law

b. Employer’s Liability act

c. Labor Code(P.D. 442)

d. Dangerous Drug Act (R.A.6425)

e. Youth and Child Welfare Code (P.D. 603)

f. Code of Sanitation (P.D. 856)

Medico-Legal Officer – is a physician duly qualified to practice medicine

in the Philippines and has sufficient experience and training in all
branches of medico-legal work. All municipal and city health officers are
bestowed with the duties of a Medico-legal officer. Any Physician in
attendance of a victim of physical injuries where justice and law are
sought after is an ex officio medico-legal officer but is more
appropriately called an expert medical witness.

Duties of the Medico-legal Officer:

He investigates death upon request, expressed or implied, from
competent authorities. He is authorized to perform autopsy and
conduct serology or toxicology examinations relevant to the
circumstances of death.

September 2, 2016

Medical Evidence

The rules of Court defines Evidence as the means, sanctioned by

law, of ascertaining in a judicial proceeding the truth respecting a
matter of fact. (Sec. 1, Rule 128, Rules of Court)

If the means employed to prove a fact is medical in nature, then it

becomes medical evidence.

The rules of evidence shall be the same in all courts and on all
trials and hearings, whether civil or criminal (Section 2, Rule 128, Rules
of Court).

Evidence is admissible when it is relevant to the issue and is not

excluded by these rules (Sec. 3, Rule 128, Rules of Court).

It is considered relevant when it has the tendency to prove any

matter of fact. It is something which by the process of logic, an
inference may be made as to the existence or non-existence of a fact at
issue.

Evidence must correspond with the substance of the issue. It must

have such a relation to the fact in issue as to induce belief in its
existence or non-existence, and therefore, collateral matters shall not
be allowed, except when they tend in any reasonable degree to
establish the probability or improbability of a fact in issue. (Sec. 4, Rule
130, Rules of Court).

Collateral Matters are those different from those or do not

correspond with the matters in issue. For example, the defense will
present a document stating that the rape suspect has a low sperm
count, hence he could not have possibly raped the victim.

Medical evidence, therefore, is the means, sanctioned by law of

ascertaining the truth in a judicial proceeding wherein scientific medical
knowledge is necessary. Medical evidence must be relevant to the issue
meaning it corresponds to the substance of the issue.

Forms of Medical Evidence:

1. Real or Autoptic Evidence:

This form of evidence is made known to the senses of the court. It is

not limited to that which can be known through the sense of vision but
is extended to what the senses of, hearing, taste, smell, and touch can
perceive.

Sec. 1, Rule 130, Rules of Court:

View of an object – Whenever an object has such a relation to the

fact in dispute as to afford reasonable grounds of belief respecting it,
such an object may be exhibited to or viewed by the court, or its
existence, situation, condition, or character proved by witnesses, as the
court in its discretion may determine.

Example: The court may require the physician to bring the

skeleton exhumed to show the presence and degree of ante-mortem
fractures.

Exclusions or limitations to Rule 130:

a. Indecency and impropriety

The court may not require nor allow exposure of the genitalia of
an alleged victim of sexual offense to show the presence and degree of
genital and extra-genital injuries suffered by the victim. There are other
ways for the court to know the facts other than actual exhibition.

b. Repulsive objects and those that are offensive to sensibilities are

excluded provided they are not absolutely necessary for the proper
administration of justice. Foul smelling objects, persons suffering from
highly infectious and communicable disease, or objects which when
touched may mean potential danger to the life and health of the
presiding judge may not be presented. It depends however, upon the
sound discretion of the court whether to allow presentation of
repulsive objects.

2. Testimonial Evidence:

A physician may be commanded to appear before a court to give

his testimony. While in the witness stand, he is obliged to answer
questions propounded by counsel and presiding officer of the court. His
testimony must be given orally and under oath or affirmation. He is
placed at the witness stand to answer questions propounded to him by
counsels of both parties or by the presiding officer of the court. A
physician may be presented in court as an ordinary witness and/or as
an expert witness.

a. Qualification of an ordinary witness:

Sec. 18, Rule 130, Rules of Court: - Witnesses: Their qualifications-

Except as provided in the next succeeding section, all persons who,
having organs of sense, can perceive, and perceiving, can make known
their perception to others, may be witnesses. Neither parties nor other
persons interested in the outcome of a case shall be excluded; nor
those who have been convicted of crime; nor any person on account of
his opinion on matters of religious belief.

One exception to the ordinary witness rule is the privilege of

communication (confidential) between physician and patient. Although
the physician perceived something through his organ of sense and has
the power to transmit to others what he perceived, he is not allowed to
disclose any such information to others as regards to matters he
perceived from his patient during the physician-patient relationship.

Sec. 21(c), Rule 130, Rules of Court – Privileged Communication –

A person authorized to practice medicine, surgery, or obstetrics, cannot
in a civil case, without the consent of the patient, be examined as to
any information which he may have acquired in attending such patient
in a professional capacity, which information was necessary to enable
him to act in that capacity, and which would blacken the character of
the patient.
 A medical witness can only testify on matters derived by his own
perception. Hearsay information is as a rule not admissible in court.
Hearsay evidence are those not proceeding from the personal
knowledge of the witness but from mere repetition of what he has
heard others say. It is “second hand evidence” which rests mainly on
the veracity and competence of its source.

Sec. 30, Rule 130, Rules of Court – Testimony generally confined to

personal knowledge – A witness can testify only to those facts which he
knows of his own knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules.

One exception to the non-admissibility of hearsay evidence is dying

declaration. The declaration of a dying person under the consciousness
of his impending death as regards circumstance regarding his
impending death is admissible in spite of the fact that it is a hearsay,
and is made so because of necessity and it is trustworthy.

Sec. 31, Rule 130, Dying Declaration – The declaration of a dying

person, made under a consciousness of an impending death may be
received in a criminal case wherein his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such death.

Physicians are frequent recipients of dying declaration in places of

hospital confinements and at the emergency room. To be admissible it
must be shown that the declarant was conscious of his impending
death, that the declaration must be with regards to his impending
death; that the declarant was in full possession of his mental faculties
when he made the declaration; and that such evidence is presented in
court in a case of homicide, murder, or parricide wherein the declarant
was the victim.
b. Qualifications of an expert witness:

Sec 42, Rule 130, Rules of Court – Opinion Rule –General Rule- The
opinion of a witness is not admissible, except as indicated in the
following section

Sec. 43, Rule 130, Rules of Court – Expert Evidence - The opinion of a
witness regarding a question of science, art, or trade, when he is skilled
therein, may be received in evidence.

The probative value of the expert medical testimony depends upon the
degree of learning and experience on the line of what the medical
expert is testifying, the basis and logic of his conclusion, and other
evidences tending to show the veracity or falsity of his testimony.

3. Experimental Evidence:

A medical witness may be allowed by the court to confirm his

allegation or as a corroborated proof to an opinion he previously
stated.

The issue as to how long a person can survive, after the

administration of lethal dose of poison can be shown by the
administration of the said poison to experimental animals within the
view of the court.

Again, such evidence must not be offensive to decency,

sensibilities, and propriety. The court has the right to allow or disallow
the presentation of experimental evidence.

4. Documentary Evidence:
 A document is an instrument on which is recorded by means of
letters, figures, or marks intended to be used for the purpose of
recording that matter which may be evidentially used. The term applies
to writings, to words printed, lithographed or photographed; to seals,
plates or stones on which inscriptions are cut or engraved; to
photographs and pictures; to maps or plans (Black’s Law Dictionary, 4th
e d.).

Medical Documentary Evidence may be:

a. Medical Certification or Report on:

(1) Medical examination

(2) Physical examination

(3) Necropsy (autopsy)

(4) Laboratory

(5) Exhumation

(6) Birth

(7) Death

b. Medical Expert Opinion

c. Deposition – a deposition is a written record of evidence given orally

and transcribed in writing in the form of questions by the interrogator
and the answer of the deponent and signed by the latter.

5. Physical Evidence:

These are articles and materials which are found in connection

with the investigation and which aid in establishing the identity of the
perpetrator or the circumstances under which the crime was
committed, or in general assist in the prosecution of a criminal.

The identification, collection, preservation and mode of

presentation of physical evidence is known in modern parlance as
criminalistics. Criminalistics is the application of sciences such as
physics, chemistry, medicine and other biological sciences in crime
detection and investigation.

On the investigator’s viewpoint, the following are the different

types of physical evidences:

a. Corpus Delicti Evidence – Objects or substances which may be a part

of the body of the crime. The body of the victim of murder, prohibited
drugs recovered from a person, dagger with bloodstains or fingerprints
of the suspect, stolen motor vehicle identified by plate number and by
body or engine serial numbers are examples of corpus delicti evidence.

b. Associative Evidence – These are physical evidences which link a

suspect to the crime. The offender may leave clues at the scene such as
weapon, tools, garments, fingerprints or foot impression. Broken
headlights glass found at the crime scene in “hit and run” homicide may
be associated with the car found in the repair shop. Wearing apparel of
the offender and the other articles of value may be recovered where
the crime of rape was committed.

c. Tracing Evidence – These are physical evidences which may assist the
investigator in locating the suspect. Aircraft or ship manifest,
physician’s clinical record showing medical treatment of suspect for
injuries sustained in an encounter; blood stains recovered from the
area traversed by the wounded suspect infer direction of the
movement are examples of tracing evidence.

September 9, 2019

Preservation of Evidences:

The physical evidences recovered during medico-legal

investigation must be preserved to maintain their value when
presented as exhibits in the courts. Most medical evidences are easily
destroyed or physically or chemically altered unless appropriate
preservation procedures area applied. This problem is further
compounded by the long space of time the evidence was recovered and
its presentation in court. From its recovery and from becoming a part of
the investigation report, a preliminary investigation will be made by the
prosecuting fiscal to prove that there is a prima facie evidence to
warrant filing of the case in court. While in court, the case further
suffers delays because of postponement of the hearings, preferential
trials of other cases, raising of prejudicial issues to higher courts, etc.
Preservation of evidence is indeed vital in medico-legal investigation.

Methods of Preserving of Evidences:

1. Photographs, audio and/or video tape, micro-film, photostat, xerox,

voice tracing, etc.

Photography is considered to be the most practical, useful and

reliable means of preservation.
a. Photo-cameras are available in many places. Most cellular phones,
laptop computers and tablets are now equipped with high resolution
cameras.

b. The object preserved is reduced in size in the picture proportionately

with other objects adjacent or near it.

c. An unlimited number of copies can be reproduced, each of which is

identical to one another.

In colored photographs variations may occur in the choice of the

kind of film and printing paper used. Today, films have been replaced
by memory cards or SD cards.

Identification of voice from the recording instrument may

sometimes difficult. Audio-recording may be dependent on the speed,
volume, pitch and timbre which may be changed by the instrument
used in the recording and replaying.

2. Sketching – If no scientific apparatus to preserve evidence is available

then a rough drawing or sketching of the scene or object to be
preserved is done. It must be simple, identifying significant items and
with exact measurements.

Kinds of Sketch:

a. Rough Sketch – this is made at the crime scene or during examination

of living or dead body. On the latter, an anatomic figure of the front,
back and side part of the body must be made and the bodily lesions
indicated.

b. Finished Sketch – a sketch prepared from the rough sketch for court
presentation.
Essential Elements to be Included in a Sketch:

a. Measurement must be accurate.

b. Compass direction must always be indicated to facilitate proper

orientation in the case of crime scene.

c. Essential item which has a bearing in the investigation must be

included.

d. Scale and proportion must be stated by mere estimation.

e. there must be a title and legend to tell what it is and the meaning of
certain marks indicated therein.

3. Description – this is putting into words the person or thing to be

preserved. Describing a thing requires keen observation and a good
power of attention, perception, intelligence and experience. It must
cause a vivid impression on the mind of the reader, a true picture of the
thing described.

The following are the minimum standard requirements which

must be satisfied in the description of the person or thing to make it
complete:

a. Skin Lesion – kind, measurement, other descriptive information of

the lesion itself, location, orientation.

b. Penetrating wound (Punctured, Stab or Gunshot) – kind, shape, other

information from the wound itself, location, orientation, direction,
other structures involved, complications and foreign elements that
maybe present.

c. Hymenal Laceration – location, degree, duration, complication.

d. Person – requirements in portrait parle’. (see page 53, supra)

4. Manikin Method - in a miniature model of a 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.

5. Preservation in the Mind of the Witness – A person who perceived

something relevant for proper adjudication of a case may be a witness
in court if he has the power to transmit to others what he perceived. He
would just have to make a recital of the characters and events he came
to witness.

Principal drawbacks of preserving evidence in the mind of the witness:

a. The capacity of a person 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.

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 be easily influenced by external factors that may

lead to distortion of the truth. Other persons may influence or
intimidate or bribe a witness to alter or recant his testimony

6. Special Methods – Certain types of evidence need special methods of

preservation from the time these were gathered until they reach the
criminal laboratory for appropriate examination. Preservation may be
extended up to the time these are verified or presented in the court.

Some Special ways of Preservation are:

a. Whole human body – embalming

b. Soft tissues (skin, muscles, visceral organs) – 10% Formalin solution

c. Blood – refrigeration, sealed bottle container, addition of chemical

preservatives.

d. Poison – sealed container

Kinds of Evidence Necessary for Conviction:

1. Direct Evidence:

That, which proves the fact in dispute without the aid of any
inference or presumption. The evidence presented corresponds to the
precise or actual point at issue.

2. Circumstantial Evidence:

The proof of fact or facts 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?

a. When there is more than one circumstance;

b. When the facts from which the inferences are derived are proven,
and
c. When the combination of all the circumstance is such as to produce a
conviction beyond reasonable doubt (Sec. 4, Rule 123, Rules of Court)

Weight and Sufficiency of Evidence:

Rule 133, Rules of Court:

Section 1. Preponderance of evidence, how determined. – In civil cases,

the party having the burden of proof must establish its case by a
preponderance of evidence. (Preponderance is defined as the
superiority in weight, quantity, power, importance, and the like).

In determining where the preponderance or superior weight of

evidence on the issues involved lies, the court may consider all the facts
and circumstances of the case, the witnesses’ manner of testifying,
their intelligence, their means and opportunity of knowing the facts to
which they are testifying, the nature of the facts to which they testify,
the probability or improbability of their testimony, their interest or
want of interest, and also their personal credibility so far as the same
may legitimately appear upon the trial. The court may also consider the
number of witnesses, though the preponderance may not necessarily
be based on the greater number.

From the foregoing provision of the Rules of Court, the following

factors must be considered which party’s evidence preponderate:

a. All the facts and circumstances of the case.

b. The witnesses’ manner of testifying, their intelligence, their means

and opportunities of knowing the facts to which they are testifying.

c. The nature of the facts to which the witnesses testify.

d. The probability and improbability of the witnesses’ testimony.

e. The interest or want of interest of the witnesses.

f. Credibility of the witness so far as the same may legitimately appear

upon the trial.

g. The number of witnesses presented, although preponderance is not

necessarily be with the greatest number.

Section 2 - Proof beyond reasonable doubt – In a criminal case, the

defendant is entitled to an acquittal, unless his guilt is shown by proof
beyond reasonable doubt. Proof beyond reasonable doubt does not
mean such a degree of proof as, excluding possibility of error, produces
absolute certainty. Moral certainty only is required, or that degree of
proof which produces conviction in an unprejudiced mind.

It is presumed that a person is innocent of a crime until the

contrary is proven beyond reasonable doubt. The doubt, the benefit of
which an accused is entitled in a criminal case, is a reasonable doubt,
and not a whimsical or fanciful doubt, based on imagined or wholly
improbable possibilities and unsupported by evidence.

September 16,2019

Deception Detection

The knowledge of the truth is an essential requirement for the

administration of criminal justice. The success or failure of making
decisions may rest solely on the ability to evaluate the truth or falsity of
the statement of the suspect or witness. The task for its determination
lies on the hand of the investigator.

Modern scientific methods have been devised utilizing knowledge of

physiology, psychology, pharmacology, toxicology, etc. in determining
whether a subject is telling the truth or not. However, some methods of
deception detection have not gained legal recognition, and whatever
information gathered is not admissible as evidence in court. Such
methods have remained merely as investigative tools.

Methods of Deception detection:

I. Devices which record the psycho-physiological response:

a. Polygraph or Lie detector machine more popularly known as

the Lie Detector Test. Up to this day, the lie detector test has
remained inadmissible as court evidence because of the following:

(1) The trier of fact is apt to give conclusive weight to the

polygraph expert’s opinion.

(2) There is no way to assure the integrity and accuracy of the

examiner despite his education, training, and experience.

(3) The accuracy of the polygraph machine can always be

questioned on the basis of the credentials of its manufacturer,
delivery and storage conditions, and the environmental
circumstances during its usage. A lawyer can always ask for a
confirmatory test with the use of a control unit or a third machine
for the purpose.
 (4) The polygraph test may involve the subconscious or
unconscious state of the examinee, hence he may unwittingly
waive his or her right against self-incrimination.

However, the results of the lie detector test may be admissible if

there is a stipulation of the parties and counsels that they will
accept such results. Having done so, any party shall waive his right
to object to the result even if it will be unfavorable to him.

Can a person be compelled to undergo the lie detector test?

Answer: Inasmuch as the test requires the subject to answer the

questions either by “yes” or “no”, it infers the use of intelligence
and attention or other mental faculties which is self-
incriminatory. Therefore, a person cannot be compelled to be
subjected to the test.

b. Word association test – This test cannot be performed on

anyone without this consent hence we shall not discuss about this test.

c. Psychological stress evaluator – This test, likewise cannot be

performed without the subject’s consent.

II. Use of drugs that try to “inhibit the inhibitor”

a. Administration of “truth serum”

b. Narcoanalysis or narcosynthesis

c. Intoxication

In addition to non-admissibility of results as court evidence, use of

drugs to extract the “truth” may imperil the life of the subject.
III. Hypnotism – Confession while under hypnotic spell is not admissible
as court evidence because such “psychiatric treatment” is involuntary
and mentally coercive.

IV. By observation – Although the signs and symptoms observed do not

constitute conclusive evidence, it is useful in the process of extracting
the truth.

Physiological and Psychological Signs and symptoms of guilt:

a. Sweating – Sweating accompanied with a flushed face indicate anger,

embarrassment, or extreme nervousness. Sweating with a pallid face
may indicate shock or fear. Sweating hands may indicate tension.

b. Color change – A flushed face may indicate anger, embarrassment,

or shame. A pale face is a more common sign of guilt.

c. Dryness of the mouth – Nervous tension causes reflex inhibition of

salivary secretion and consequently dryness of the mouth. This is
observed as continuous swallowing and licking of the lips.

d. Excessive activity of the Adam’s apple – On account of the dryness of

the throat aside that of the mouth, the subject’s frequent swallowing of
saliva is observed through frequent upward and downward movement
of the Adam’s apple. This is observed in many guilty subjects.

e. Fidgeting – Subject is constantly moving about in the chair, pulling his

ears, rubbing his face, picking and tweaking the nose, crossing or
uncrossing the legs, rubbing the hair, eyes, eyebrows, biting or
snapping of fingernails, etc. These are indicative of nervous tension.

f. “Peculiar feeling inside” – There is sensation of lightness of the head

and the subject is confused. This may indicate a troubled conscience.
g. Swearing to the truthfulness of his assertion – Usually a guilty subject
usually utters such expressions as: “I swear to God I am telling the
truth” or “I hope my mother drops dead if I am lying”. An innocent
subject is confident without necessarily uttering such words.

h. Spotless past record – “Religious man” – The subject may assert that
it is not possible for him “to commit such act” invoking that he is a
religious man, and has a spotless record in the past.

i. Inability to look at the investigator “straight in the eye” . A subject

usually avoids eye to eye contact with the investigator for fear that his
guilt may be seen in his eyes. He would rather look at the floor or the
ceiling.

j. “Not that I remember” expression – The subject will resort to the use
of “not that I remember” expression when answering. This indicates
someone trying to be evasive or to avoid committing something
prejudicial to him.

V. Scientific interrogation

Interrogation is questioning a person suspected of having

committed an offense or any person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation. It may be done on a suspect or a witness. The following
are some techniques:

a. Avoid creating an impression that you are seeking a confession or

conviction. Appear like one who is merely seeking the truth.
b. Avoid expressions as “kill”, “steal”, “confess your crime” etc. Employ
milder terminology as “shoot”, “take”, “tell the truth”, etc.

c. Stay fairly close to the subject and let him feel the assurance that you
will not harm or insult him.

d. Avoid fumbling with such objects as pencil, pen, or other room

accessories, for these tend to create an impression of lack of interest or
confidence.

e. Use language that is understandable to the subject. In dealing with

one who is less educated, use simple words and sentences.

f. The interrogator should occupy a fearless position with respect to the

subject, therefore the subject should not be handcuffed or shackled
during interrogation. Face him as ”man to man” not as “policeman to
prisoner”

Requirement for the Admissibility of Evidence Obtained Through

Interrogation:

Sec.20 Art. IV, Bill of Rights, Philippine Constitution:

No person shall be compelled to be a witness against himself. Any

person under investigation for the commission of an offense shall have
the right to remain silent and to counsel, and be informed of such right.
No force, violence, threat, intimidation, or any other means which
vitiates the free will shall be used against him. Any confession obtained
in violation of this section shall be inadmissible in evidence.

(vitiate: to impair the value or quality)

 In compliance with the above provision of the constitutions and
the decision of the US Supreme Court, in Miranda v. Arizona, 384 US
436 (1966) safeguards were established for the interrogation of
suspected (accused) person. If a person is to be interrogated, he must
first be warned and advised that:

a. He has the right to remain silent;

b. Anything he says can be used against him in court of law;

c. He has the right to consult with an attorney and to have the

attorney present during the questioning; and

d. If he cannot afford an attorney, one will be appointed for him

prior to any questioning if he so desires.

After such warning and in order to secure waiver, the following

questions should be asked. An affirmative answer to each question
constitutes a waiver to the rights:

a. Do you understand each of these rights I have explained to

you?

b. Having these rights in mind, do you wish to talk to us now?

Some Techniques of Interrogation:

The choices of methods of questioning depend on the personal

and psychological evaluation of the subject by the interrogator, the
nature of the crime under investigation, previous criminal record, and
the social and educational background of the subject.

1. Emotional appeal – The interrogator must create a mood that is

conducive to confession. He may be sympathetic and friendly to the
subject. The subject may be willing to disclose more information if he is
treated in a kind spirit.

2. Mutt and Jeff technique – In this technique there must be at least

two investigators with opposite character; one (Mutt) who is arrogant
and relentless who knows the subject to be guilty and will not waste
time in the interrogation, and the other (Jeff) who is friendly,
sympathetic and kind. When Mutt is not present Jeff will advice the
subject to make a quick decision and plea for cooperation.

3. Bluff in split-pair technique – This is applicable where there are two

or more persons who allegedly participated in the commission of a
crime. All of them are interrogated separately and the results of their
individual statements are not known to one another. While one of
them is under interrogation, the interrogator may claim that the
subject was implicated by the author and that there is no use for him to
deny participation.

4. Stern approach – the question must be answered clearly, and the

interrogator utilizes harsh language. Immediate response from the
subject is demanded.

5. Narration - the subject is given the opportunity to make a lengthy,

time consuming narration. There may be a moment when the subject
becomes confused and desists from making further statement for fear
of contradicting his previous statement.

Basis of the Investigator’s inference that the Subject is Not Telling the
Truth:

1. The subject’s statement has many improbabilities and gaps on its

substantial parts.
2. The subject’s statement is inconsistent with the material facts.

3. The subject’s statements are incoherent, conflicting with one

another.

VI. CONFESSION

Confession is an expressed acknowledgement by the accused in a

criminal case of the truth of his guilt as to the crime charged, or of
some essentials thereof.

Confession is different from admission, although admission

includes as one of its species, confession. Confession is a statement of
guilt while admission is usually a statement of fact by the accused
which does not directly involve an acknowledgement of guilt of the
accused.

The defendant stated in the preliminary investigation that he had

inflicted upon the deceased the wounds in question. It was held that
such statement was not a confession of guilt but only an admission, in
as much as the defendant might have inflicted the wound in self
defense. (U.S. v Team, 23 Phil. 64)

An admission by one accused of rape that he had carnal

intercourse with the complaining witness at the time and place
mentioned in the information is not a confession of guilt of the crime
charged unless he further admits that he cohabited with the woman
without her consent, or by the use of force or threat (U.S .v. Flores, 26
Phil. 262).

Kinds of Confession
1. Extra-judicial Confession:

This is confession made outside of the court prior to the trial of

the case.

Sec. 3, Rule 133, Rules of Court – Extra-judicial confession, not sufficient

ground for conviction:

An extra-judicial confession made by an accused, shall not be

sufficient ground for conviction, unless corroborated by evidence of
corpus delicti. Corpus delicti means the body of the crime or fact of
specific loss or injury sustained. It may not necessarily be the body of
the crime but may consist of facts and circumstances tending to
corroborate the confession.

The reason for the above rule is to guard against conviction based
upon false confession of guilt. It is possible that a person might have
confessed his guilt regarding an offense which someone else has
committed and when asked on further interrogation and investigation,
the nature of the injuries inflicted by him do not coincide with the
identity or nature of the injuries received by the victim.

a. Extra-judicial Confession may be:

(1) Voluntary extra-judicial confession:

The confession is voluntary when the accused speaks on his free

will and accord, without inducement of any kind, and with a full
and complete knowledge of the nature and consequence of the
confession.
(2) Involuntary extra-judicial confession:

Confessions obtained through force, threat, intimidation, duress,

or anything that may influence the voluntary act of the confessor.

Confessions obtained from the defendant by means of force and

violence is null and void, and cannot be used against him at the
trial. (U.S. v. Lozada, 4 Phil. 266;U.S. v. Felipe, 5 Phil. 333)

If a confession was made when a threat or promise was made by

a person in authority, or when the accused perceives that such
person in authority has the power or opportunity to fulfill such
threat or promise, then the confession of the accused will be
presumed to be the exclusive effect of inducement, and therefore
inadmissible. (Early v. Com., 86 Va. 921)

A confession made under the influence of spiritual advice or

exhortation is not admissible.

A confession made under the influence of parental sentiment is

not admissible. (People v. Martinez, 42 Phil. 853).

b. Judicial Confession:

This is the confession of an accused in court. It is conclusive upon

the court and may be considered to be a mitigating circumstance
to criminal liability.

A plea of guilty when formally entered on arraignment is sufficient

to sustain a conviction of any offense, even a capital one, without
further proof.

Sec. 2, Rule 129, Rule of Court - Judicial admissions:

 Admissions made by the parties in the pleadings, or in the course
of the trial or other proceedings do not require proof and cannot
be contradicted unless previously shown to have been made
through palpable mistake.

For Purposes of investigation the Following are the Different Types of

Criminal Offenders:

1. Based on behavioral attitude:

a. Active aggressive offenders – They are persons who commit

crime in an impulsive manner usually on account of their
aggressive behavior. Such attitude is clearly shown in crimes of
passion, revenge or resentments.

b. Passive Inadequate offenders – Persons who commit crimes

because of inducement, promise or reward. They are gullible and
easily persuaded to perform acts in violation of the penal laws.

2. Based on the state of mind:

a. Rational Offenders – Those who commit crime with motive or

intention and with full possession of their mental faculties.

Example: Killing with evident premeditation.

b. Irrational Offenders – They commit crime without knowing the

nature and quality of his act.

Example: Mad Killer.

3. Based on Proficiency:

a. Ordinary Offenders – These belong to the lowest form of

criminal career. They are only engaged in crimes which require
limited skill. They lack the capacity to avoid arrest and conviction.

b. Professional offenders – They are highly skilled and able to

perform criminal acts with the least chance of being detected.
They commit crimes which require special skill rather than
violence.

Example: Pick-pocketing, shop-lifting.

4. Psychological Classification:

a. Emotional offenders – These are persons who commit crimes in

the heat of passion, anger, or revenge, and also who commit
offenses of accidental nature. Emotional offenders usually have
feeling of remorse, mental anguish or compunction as a result of
their acts. They have the sense of moral guilt. Their conscience
“bothers” them and they have difficulty resting or sleeping
because of their feeling of guilt. The most effective interrogation
approach to use for them is based upon sympathetic
consideration regarding their offense and present difficulty.

b. Non-emotional offenders – These are persons who commit

crimes for financial gain and are usually recidivist or repeaters.
Sympathetic approach is not effective. The interrogator should
 make a factual analysis of the suspect’s predicament and appeal
to his common sense and reasoning rather than to his emotion.

September 23

Medico-legal Aspects of Identification

Identification is the determination of the individuality of a person or

thing.

Importance of Identification of Person:

1. In the prosecution of the criminal offense, the identity of the

offender and that of the victim must ba established otherwise it will be
a ground for the dismissal of the charge or acquittal of the accused.

2. The identification of a person missing or presumed dead will

facilitate settlement of the estate, retirement, insurance and other
social benefits. It vests on the heirs the right over the properties of the
identified person.

If identity cannot be established, then the law on presumption of death

(Art. 390, Civil Code) must be applied which requires the lapse of seven
years before a person can be presumed dead. In special instances, the
seven years period may be reduced to four years (Art. 391, Civil Code)

3. Identification resolves the anxiety of the next-of-kin, other relatives

and friends as to the whereabouts of a missing person or victim of
calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of
check, entering a premise, delivery of parcels, or registered mail in post
office, sale of property, release of dead bodies to relatives, parties to a
contract, etc.

Rules in Personal Identification:

1. The greater number of points of similarities and dissimilarities of two

persons compared, the greater is the probability for the conclusion to
be correct. This is known as the Law of Multiplicity of Evidence in
Identification

2. The value of the different points of identification varies in the

formulation of conclusion. In a fresh cadaver, if the fingerprints on file
are the same as those recovered from the crime scene, they will
positively establish the identity of the person while bodily marks, like
moles, scars, complexion, shape of nose, etc. are merely corroborative.
Visual recognition by relative or friends may be of lesser value as
compared with fingerprints or dental comparison.

3. The longer the interval between the death and the examination of
the remains for purposes of identification, the greater is the need for
experts in establishing identity. The process of taking fingerprints andits
examination under a magnifying lens requires the services of an expert.
When putrefaction has set in, the external bodily marks useful in
identification might be destroyed so that it is necessary to resort to an
anatomical or a structural examination of the body which requires
knowledge of medicine and dentistry.
4. Inasmuch as the object to be identified is highly perishable, it is
necessary for the team to act in the shortest possible time specially in
cases of mass disaster.

5. There is no rigid rule to be observed in the procedure of

identification of persons.

Methods of Identification:

1. By comparison – Identification criteria recovered during investigation

and compared with records available in the file, or postmortem finding
are compared with ante-mortem records.

Examples:

a. Latent fingerprints recovered from the crime scene are compared

with fingerprints on file of an investigating agency.

b. Dental findings on the skeletal remains are compared with the dental
record of the person in possession of the dentist.

2. By exclusion- If two or more persons have to be identified and all but

one remains unidentified, then the one whose identity has not been
established may be known by the process of elimination.

IDENTIFICATION OF PERSONS

The bases of human identification may be classified as:

1. Those which laymen use to prove identity -- No special training or

skill is required of the identifier and no instrument or procedure is
demanded.
2. Those which are based on scientific knowledge – Identification is
made by trained men, well-seasoned by experience and observation,
and primarily based on comparison or exclusion.

ORDINARY METHODS OF IDENTIFICATION

Points of Identification Applicable to the Living Person Only:

1. Characteristics which may easily be changed:

a. Growth of hair, beard or mustache- This may easily be shaved or

grown within a short time. Arrangement may be changed. Artificial hair
may be worn or ornamentation may be placed to alter its natural
condition.

b. Clothing – A person may have special preference for certain form,

texture, or style. Certain groups of people are required to have specific
cut, color or design, as uniforms, worn by students, employees of
commercial or business establishment, or groups of professionals.

c. Frequent place of visit – A person may have a distinctive choice of a

place for regular visit such as a coffee shop, beer garden, recreational
hall, shopping mall, barber shop, or a sari-sari store. A wanted criminal
may suddenly avoid his visits for fear of being apprehended.

d. Grade of profession –A medical student of the upper clinical year

may be recognized by the stethoscope; a graduate or student nurse by
her cap, a mechanic by his tools, a clergyman by his robe, etc. A change
of grade, trade, vocation, or profession may be resorted to as a means
of concealing identity.
e. Body ornamentations – Earrings, necklaces, rings, pins etc. usually
worn by persons may be points to identify a person from the rest.

2. Characteristics that may not easily be changed:

a. Mental memory – A recollection of time, place and events may be a

clue in identification. Remembering names, faces and subjects of
common interest may be initiated during interview to see how
knowledgeable a person is.

b. Speech – A person may stammer, stutter, or lisp.

Stammer: speech characterized by involuntary pauses and syllabic

repetitions.

Stutter: to speak with spasmodic hesitation, prolongation, or repetition

of sounds.

Lisp: a speech defect or mannerism characterized by the failure to

produce normal sibilants, such as substitution of sibilant “s” or “z” with
“th”

Physical defects such as harelip and cleft palate even if corrected by

surgery may leave characteristics speech defects.

Identification of a person through his voice can be done by computer

assisted spectrographic voice analysis.

c. Gait – a person, on account of disease or some inborn traits, may

show a characteristic manner of walking.

1) Ataxic gait – A gait in which the foot is raised high, thrown

forward and brought down suddenly is seen in persons suffering
from tabes dorsalis.
 2) Cerebellar gait – a giat associated with staggering movement is
seen in cerebellar diseases.

3) Cow’s gait – a swaying movement due to knock-knee.

4) Paretic gait – Gait in which the steps are short, the feet are
dragged and the legs are held more or less widely apart.

5) Spastic gait – A gait in which the legs are held together and
move in a stiff manner and the toes dragged.

6) Festinating gait – In voluntary movement in short accelerating

steps.

7) Frog gait – A hopping gait resulting from infantile paralysis.

8) Waddling gait – Exaggerated alternation of lateral trunk

movement similar to the movement of the duck.

In the normal process of walking the rear portion of the heel is

placed on the ground. This is subsequently followed by the other parts
of the heel and the sole of the foot is pressed on the ground. The toes
are the last to be pressed followed by the lifting of the foot making
another step forward. The pressure at the rear portion of the heel and
in the region of the toes is the most forceful, hence the impression is
the most.

During the process of running the foot marks are less distinct
because of the slipping of the foot and the sand or soil thrown into the
marks by the pressure of the tip of the toes.
Gait Patterns:

A scientific investigation of the gait pattern may be useful for

purposes of identification and investigation of the crime scene. Gait
pattern is the series of foot marks by a person walking or running.
Examination of the gait includes the direction line, gait line, foot angle,
principal angle and the length and breadth of the steps.

1) Direction line – Expresses the path of the individual.

2) Gait line – The straight line connecting the center of the succeeding
steps. It is more or less in zigzag fashion especially when the legs are far
apart while walking. Stout, elderly people and those who want stability
while walking have a more zigzag gait line.

3) Foot line – The longitudinal line drawn on each foot mark. There may
be a difference in the foot line of the left and right foot.

4) Foot angle – The angle formed by the foot line and the direction line.
In normal walking the foot angle is very characteristic of a person and
cannot be altered immediately. However, it may be altered when a
person is running, carrying a heavy weight or moving on a rugged
terrain.

5) Principal angle – The angle between the two succeeding foot angles.

6) Length of step – When the distance between the center points in two
successive heel prints of the two feet exceeds 40 inches, there is a
strong presumption that the person is running.

7) Breadth of step – The distance between the outer contours of two

succeeding two foot marks or steps. The more apart the legs are while
walking, the grater is the breadth of the step. (Crime Detection by Arne
Svensson & Otto Wendel, p. 58)

d. Mannerism – Stereotype movement or habit peculiar to an

individual. It may be:

1. Way of sitting.

2. Movement of the hand.

3. Movement of the body.

4. Movement of the facial muscles.

5. Expression of the mouth while articulating.

6. Manner of leaning.

e. Hands and feet – Size, shape and abnormalities of the hand and feet
may be the bases of identification. Some persons have supernumerary
fingers or toes far apart with bony prominence. Some fingers or toes
are with split nails.

Foot or hand marks found in the investigation of the crime scene

may be:

1. Foot or hand impression – This develops when the foot or hand

is pressed on mouldable materials like mud, clay, cement mixture,
or other semi-solid mass. The impression can be preserved by
making a cast of it with plaster of Paris.

2. Footprint or handprint – This is a footmark or handmark on a

hard base contaminated or smeared with foreign matters like
dust, flour, blood, etc.
f. Complexion – Complexion can be determined when the whole body is
exposed preferably to ordinary sunlight. Dark complexion may be found
fair with the use of bleaching chemicals, while fair complexion may
temporarily be made dark with the use of an ointment with a dark
pigment. Exposed parts of the body usually appear darker than those
covered with clothing.

g. Changes in the eyes – A person identified because he is cross-eyed,

color blind, or one eye is missing or smaller than the other. He may also
be identified by the iris color and shape of the eyes such as one with slit
eyes or one with drooping eyelids, popped out eyes etc.

h. Facies – There are different kinds of facial expressions brought about

by disease or racial influence.

1. Hippocratic facies – The nose is pinched, the temple hollow,

eyes sunken, ears cold, lips relaxed and skin livid. The appearance
of the face is also seen in dying persons.

2. Mongolian facies – Almond eyes, pale complexion, prominence

of cheek bones.

3. Facies Leonine – A peculiar, deeply furrowed, lion-like

appearance of the face. This may be observed in leprosy,
elephantiasis and leontiasis ossia.

4. Myxedemic facies – Pale face, edematous swelling which does

not pit on pressure, associated with dullness of intellect, show
monotonous speech, muscular weakness and tremor.

i. Height of a person

Methods of Approximating the Height of a Person:

 If the body is complete the height can be determined by actual
measurement. Sometimes some part of the body is missing and the
actual measurement may not be possible. The following are the
methods to be used to approximate the height:

1) Measure the distance between the tips of the middle fingers of

both hands with the arms extended laterally and it will
approximately be equal to the height.

2) Two times the length of one arm plus 12 inches from the
clavicle and 1.5 inches from the sternum is approximate height.

3) Two times the length from the vertex of the skull to the pubic
symphysis is the height.

4) The distance between the supra-sternal notch and the pubic

symphysis is about one-third of the height.

5) The distance from the base of the skull to the coccyx is about
44% of the height.

6) The length of the forearm measured from the tip of olecranon

process to the tip of the middle finger is 5/19 of the height.

7) Eight times the length of the head is approximately equal to the

height of the person.

j. Tattoo marks – Introduction of coloring pigments in the layers of the

skin by multiple puncture. Tattoo marks may be in the form of initials,
names, images or views.

Significance of Tattoo Mark:

 1) It may help in the identification of the person. The image
inscribed may reflect the name, date of birth, language spoken,
religion, name of spouse, etc.

2) It may indicate memorable events in his life.

3) It may indicate the social stratum to which the person belongs.

Tattooing is practiced by the members of a particular tribe such as
the Igorots in the north and the Lumads in the south.

3) Tattoo marks also indicate previous commitment in prison or

membership in a criminal gang.

Factors Responsible for the Permanency of Tattoo:

1) Whether the punctures are superficial or deep to reach the

true skin;

2) Nature and solubility of the pigment used. Ordinary pen ink

disappears in a short time while carbon introduced to the true
skin layer is usually permanent.

Methods of Removing Tattoos:

a. By surgical excision – Shallow tattoo may disappear by simple

rubbing or superficial incision and may leave no scar. Deep-seated
tattoo may be excised and usually leaves a scar.

b. By electrolysis – The needle is inserted into the tattoo mark in a

sufficient number of times using a current of 5 to 8 milliamperes.
This forms a superficial eschar which drops off in a week or so
taking the pigment with it and leaving a superficial scar.
 c. By application of caustic substance – The caustic substance is
applied to the tattoo mark and the pigment is removed with the
eschar after inflammatory reaction.

October 4

Scientific Methods of Identification

Aspects of Identification Requiring Scientific Knowledge:

A. Fingerprinting

B. Dental Identification

C. Handwriting

D. Identification of Skeleton

E. Determination of Sex

G. Identification of Blood and Blood Stains

H. Identification of Hair and Fibers

A. Fingerprinting

Fingerprinting is considered to be the most valuable method of

identification. It is universally used because:

1. There are no two identical fingerprints:

 Fingerprints show unlimited varieties of form. Two or more
fingerprints may grossly appear to be seemingly alike but under a
microscope or the magnifying glass, the difference may be proven. The
chances of two fingerprints being the same are calculated to be 1 to
64,000,000,000 which is ten times the number of fingers existing in the
world.

2. Fingerprints are not changeable:

Fingerprints are formed in the fourth month of pregnancy. During

the latter stage of pregnancy as well as after birth, the pattern enlarges,
but no changes take place in the number and arrangement of the
friction ridges.

The finger may be wounded or burned, but the whole pattern with all
its details will reappear when the wound heals. If the injury is deep or
beyond the layers of the skin and scar develops, it will not deter
identification. On the contrary, the scar will make a much deeper
impression of the pattern. It can be said that fingerprints are an
indelible signature which a person carries from the cradle to the grave.

Practical Uses of Fingerprints

1. Help establish identity in cases of dead bodies and unknown or

missing persons.

2. Prints recovered from the crime scene associate person or weapon.

3. Prints on file are useful for comparative purposes and for the
knowledge of previous criminal records.

4. Among illiterates, right thumbprint is recognized as a substitute for

signature on legal documents. Countries differ as to which finger is
used for the purpose. India uses the left thumb, Spain uses the right
pointing finger.

Dactylography is the art and study of recording fingerprints as a

means of identification.

Dactyloscopy is the art and study of identification by comparison

of fingerprints. It is the study and utilization of fingerprints.

Poroscopy is the study of the pores found on the papillary or

friction ridges of the skin for purposes of identification.

Advantages of Using Fingerprinting as a Means of Identification:

1. Not much training is necessary for a person to take, classify, and

compare fingerprints.

2. No expensive instrument is required in the operation.

3. The fingerprint itself is easy to classify.

4. Actual prints for comparative purposes are always available and

suspected errors can easily be checked.

Methods of Producing Impressions:

1. Plain Method – The bulbs of the last phalanges of the fingers and
thumb are pressed on the surface of the paper after pressing them on
an ink pad or ink plate with printing ink.

2. Rolled Method – The bulbs of the thumb and other fingers are rolled
on the surface of the paper after being rolled on an ink pad or ink plate
with printing ink.

3. Digital Method- It is a type of scanner and camera in one which captures

the image of the fingerprint and stores it in a memory card or a computer.

Kind of Impressions:

1. Real Impression – Impression of the finger bulbs with the use of

printing ink on the surface of the paper. Other coloring materials may
be used but they are less visible and indelible. v

2. Chance Impression – Fingerprints which are impressed by mere

chance without any intention to produce it. Chance impression maybe:

a. Visible print – Impression made by chance and is visible

without previous treatment. Impression made by the fingers
smeared with some colored substances, like black ink, vegetable
juice, may be visible immediately after impression.

b. Plastic print – Impression made by chance by pressing the

finger tips on melted paraffin, putty, resin, cellophane, plastic
tape, butter, soap, etc.
 c. Latent print – Prints which are not visible after impression but
made visible by the addition of some substances. Latent prints
develop because the fingers are always covered with colorless
residue of oil and perspiration which when pressed on smooth
and non-absorbent material will cause the production of the
prints.

How to Develop Latent Prints:

1. Application of fine powder – The choice of substance to be used to

make the latent prints visible depends upon the texture and color of
the material where the suspicious prints are located. The color of the
substances to be used must be in contrast with that material.

Characteristics of a good powder:

a. It should be adhesive to the extent that it clings readily to the edges

of the fingerprints.

b. It should not absorb water.

c. It should provide good contrast to the place where the latent print is
impressed.

The following substances are commonly used to make latent prints

visible:

a. Graphite for spraying

b. Aluminum powder

c. Plaster of Paris
d. Copper powder for latent prints on leather

e. Metallic antimony

2. Chemical development by fuming and immersion:

Fuming by iodine or arsenic acid or immersion in a solution of

silver nitrate may develop latent prints.

How to get Fingerprint Impressions on Dead Bodies:

In cases of fresh dead bodies, the fingers are unclenched and

each one is inked individually with the aid of a small rubber roller. The
paper where the print will be impressed will be placed in a spoon-
shaped piece of wood and slowly and evenly rolled over the pattern. If
the fist is too tightly clenched, a small incision may be made at the base
of the base of the fingers. The contraction may also be overcome by
dipping the hands in hot water.

If the so-called washerwoman’s skin is not too marked on the

fingerprints of dead bodies recovered shortly from bodies of water
(floaters), the fingerprints may be dried off with a towel and glycerin is
injected with a syringe under the skin of the finger tips in order to
smoothen the surface. The fingerprints are then taken like that of a
fresh dead body.

If the “floater” has been in a body of water for a longer time and
the friction ridges have disappeared, the skin of the fingertips is cut
away. This area of skin from each finger is placed in a small labeled test
tubes containing formaldehyde solution. If the papillary ridges are still
preserved on the outer surface, the person taking the prints places a
portion of the skin on his right index finger protected by a rubber glove
and then takes the print after inking the fingertip.

The same procedure as described may be applied to be putrefied

or burned bodies according to circumstances.

Types of Fingerprint Pattern

1. Arches – the ridges go from one side of the pattern to another, never
turning back to make a loop.

a. Plain arches – The ridges on one side of the impression and

flow or tend to flow out the other side with rise or wave in the
center.

b. Tented arch – One or more ridges at the center to form a

definite angle of 90 degrees or less than 45 degrees from the
horizontal plane.

2. Loops - One or more ridges enter on either side, recurves and

terminate or tend to terminate on the same side from which it entered.

a. Ulnar loop – Recurves towards the ulnar side of the hand or

little finger.

b. Radial loop – Recurves towards the radial side of the hand or

thumb.

3. Whorls – Patterns with two deltas and patterns too irregular in form
to classify:
 a. Simple whorls – Consists of two deltas with a core consisting of
circles, ellipses, or spiral turning to the right or left.

b. Central pocket loop – It is like simple loop but in the core, one
may find one ridge which forms a convex towards the opening of
the loop.

c. Lateral pocket loops – There are at least two loops opening at

the same side.

d. Twin loop – There are at least two loops opening at the

different sides.

e. Accidentals – There are no rules that can be made in this

pattern. They are rare and often with more than two deltas.

Poroscopy (Locard’s method of identification)

Examination of the ridges of the hands and fingers reveal to

be studded with minute pores which are the openings of ducts or
sweat glands. These pores are permanent as the ridges are and
differ in number and shape in a given area in each person.
Poroscopy, as a means of identification, is applied when only a
part of the fingerprint is available for proper means of
identification.

B. DENTAL IDENTIFICATION

The role of the teeth in human identification is important for the

following reasons:
1. The possibility of two persons to have the same dentition is quite
remote. An adult has 32 teeth and each tooth has five surfaces. Some
of the teeth may be missing, carious, with filling materials, and with
abnormality in shape and other peculiarities. This will lead to several
combinations with almost infinite in number of dental characteristics.

2. The enamel of the teeth is the hardest substance of the human body.
It may outlast all other tissues during putrefaction or physical
destruction.

3. After death, the greater the degree of tissue destruction, the greater
is the importance of dental characteristics as a means of identification.

4. The more recent the ante-mortem records of the person to be

identified, the more reliable is the comparative or exclusionary mode of
identification that can be done.

In order to make an accurate dental record available for purposes

of comparison with that of the person to be identified, Presidential
Decree No. 1575 was promulgated, requiring practitioners of dentistry
to keep records of their patients. It provides the following:

“Whereas, the identification of persons is necessary factor in

solving crimes and in settling disputes such as claims for damages,
insurance, and inheritance;

Whereas, in these cases where the identification of persons

cannot be established through the regular means, identification
through dentition has been proven to be necessary and effective;
 Whereas, however, records of dentition of persons are often not
available due to the lack of systematic recording of dental practitioners
of the dental history of their patients.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree the following:

Section 1. It shall be obligatory upon all practitioners of dentistry

to keep and maintain an accurate and complete record of the dentition
of all their patients which shall include a history and description of the
patient’s dentition and the treatment made thereon.

Section 2. Upon the lapse of ten years from the last entry, dental
practitioners shall turn over the dental records of their patients to the
National Bureau of Investigation for record purposes: Provided, that the
said practitioner may retain copies thereof for their own files.

Section 3. Any violation of the provisions of this Decree shall be

punishable by a fine of not less than one hundred pesos but not more
than one thousand pesos.

Section 4. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.”

However, the absence of dental records will not absolutely negate

dental identification. Members of the family, close associates and
friends may be witnesses to prove identity of dentition.

Causes of Unreliability of the Dental Records:

 An ante-mortem dental record may be available but may be
insufficient, and in some instances unreliable for purposes of
comparison with the post-mortem findings because:

1. The dentist, in the course of diagnosis and treatment of the patient,

may only concern himself with the affected teeth and may not care to
have a detailed examination of the other teeth.

2. There may be no uniformity in nomenclature of the location and

condition in the charting of the teeth.

3. Although there may be a law obliging dentists to have a record of

their patient, the law does not mention the agency which will enforce
it.

4. The dentist may have a record but may no longer be reliable on

account of the lapse of time. There may be changes in the teeth which
are not seen by the dentist.

For purposes of uniformity, the following are the description of

location for dental identification:

1. Teeth position:

a. Anterior – From cuspid to cuspid inclusive (it includes cuspid,

lateral and central incissor).

b. Posterior – All bicuspid and molar teeth.

2. Surface:

Occlosal – O – Surface which is in contact with the opposing teeth

when jaws are in occlusion (closed).
 Mesial – M – Surface in direct contact with the adjacent tooth
towards the middline.

Distal – D – Surface in direct contact with the adjacent teeth away

from the midline.

Buccal – B – Surface facing the lip or cheek.

Lingual – L – Inward directed surface of the teeth.

3. Restoration:

Amalgam (silver filling), gold inlay, gold foil, silicate, acrylic,

temporary cement, crown.

4. Prosthesis:

a. Fixed prosthesis – bridge

b. Removable prosthesis:

1. Complete denture

2. Partial denture

5. Root canal treatment (endodentia)

Dental Features Which May Be Included in the Description for

Identification:

1. Malposition, overlapping, crowding and spacing teeth.

2. Number and location of deciduous or permanent teeth.

3. Missing (unerupted or extracted) or supernumerary teeth.

4. Peculiar shape, size, direction of growth of individual teeth.

5. Missing piece or fragment due to decay or trauma.

6. Restoration, prosthesis, (surface, morphology, configuration and

material).

7. Root canal therapy on x-ray examination.

8. Bone pattern on x-ray examination.

9. Complete denture (type,shade and material).

10. Relationship of bite.

11. Oral pathology (tore, gingival hyperplasia, etc.

Other Aspects of Identification Which May Be Reflected in Dentition:

1. Personal, occupational and cultural traits:

a. Cigarette smokers may have smoke marks mainly on the lingual

surface of the anterior upper teeth.

b. Seamstress, carpenter, cobblers may hold pins or nails between

incisors and may cause formulation of groove.

c. Wind instrument musicians may have altered position of their

teeth due to mouth formation necessary for playing thr
instrument.

d. Pipe smokers may develop an oval-shape notch at the occlusal

surface or irregular gaps located at the angle of the mouth.
 e. Sandblasters and stone mason may cause abrasions on the
labial or occlusal surface of their teeth.

f. Poor oral hygiene, with many decayed teeth and no restorations

infers individual of low economic status. Extracted teeth are also
not replaced by bridgework.

g. Excessive fruit juice drinker or carbonated drinks may cause

dissolution of the enamel structure of the front teeth.

h. Mutilation of teeth by filing or inlaying with precious metals or

stone, not done professionally, may indicate tribal customs and
cultural peculiarities.

2. Age

9 yrs. . . . . . . . . . 12 permanent teeth (8 incisors and 4 molars).

11 yrs. . . .. . . . . . 20 permanent teeth (8 incisors, 8 premolar and 4

molar).

13 yrs. . . . . . . . . . 28 permanent teeth and no deciduous teeth.

8 to 10 yrs. . . . . . Calcification begins at the 3rd molar.

25 yrs. . . . . . . . . . Root-ends of 3rd molar completely calcified.

Beyond 25 yrs.. . . Ends of the root of the 3rd molar have been

completely calcified.

After 30 yrs. . . . Carries frequently develop at the cementum.

There may be gingival recession, decay attack

of the root surface.

3. Sex

Examination for the presence of Barr bodies from palatal

scrapings.

C. Handwriting

A person may be identified through his handwriting, handprinting

and handnumbering.

Sec. 23, Rule 132, Rules of Court – Handwriting, how proved:

The handwriting of a person may be proved by any witness who

believes it to be the handwriting of such person, and has seen the
person write, or has seen writing purporting to be his upon which the
witness has acted or been charged, and has thus acquired knowledge of
the handwriting of such person. Evidence respecting the handwriting
may also be given by a comparison, made by the witness or the court,
with writings admitted or treated as genuine by the party against whom
the evidences is offered, or proved to be genuine to the satisfaction of
the judge.

The genuine of any disputed writing may be proven by any of the

following ways:

1. Acknowledgement of the alleged writer that he wrote it;

2. Statement of witness who saw the writing made and is able to

identify it as such;
3. By the opinion of persons who are familiar with the handwriting of
the alleged writer; or

4. By the opinion of an expert who compares the questioned writing

with that of other writings which are admitted or treated to be genuine
by the party against whom the evidence is offered.

Sec. 44, Rule 130, Rules of Court – Opinion of ordinary witnesses:

The opinion of a witness regarding the identify of handwriting of a

person, when he has knowledge of the person or handwriting; the
opinion of a subscribing witness to a writing; the validity of which is in
dispute, respecting the mental sanity of the signer; and the opinion of
an intimate acquaintance respecting the mental sanity of a person, the
reason for the opinion being given, may be received as evidence.

In order for an ordinary witness to be qualified to express his

opinion, it must be shown that he has some familiarity with the
handwriting of the person in a way recognized by law.

Some Practical Uses of Handwriting Examination:

1. Financial crimes (bogus checks, credit card fraud, embezzlement).

2. Death investigation (suicide notes, hotel registration cards, letter of

explanation).

3. Robberies (pawnshop notes, cashing of stolen checks).

4. Kidnapping with ransom (demand note, threatening letter).

5. Anonymous threatening letters.

6. Falsification of documents (deeds of conveyance, receipts).

Bibliotics is the science of handwriting analysis. It is the study of

documents and writing materials to determine its genuineness or
authorship. One who had acquired special knowledge of the science of
handwriting for purposes of identification is known a Bibliotic or more
commonly known as handwriting expert or qualified question
document examiner.

Graphology is the study of handwriting for the purpose of

determining the writer’s personality, character and aptitude. It is a
pseudo-science and merely explains the characteristics of the
handwriting reflecting the character, weakness, personal idiosyncracies,
mannerisms and ambition of the writer. It must not be confused with
bibliotics.

Handwriting is a complex interaction of nerves, memory and

muscular movement. It is influenced by several factors and may be
changed or modified during the life-span of a person.

Writing is a conscious act, but on account of a repeated act it

becomes habitual and unconscious. The writer concentrates more on
the subject-matter of the writing than on the way the letter are formed
which make up the writing.

Worry, anxiety, anger, feeling of insecurity, age, and drunkenness

may cause variation of a person’s handwriting.

Movements in Writing:
1. Finger movement – The letters are made entirely by the action of the
thumb, the pointing and middle fingers. Such is found among children,
illiterate and those to whom writing is an unfamiliar process.

2. Hand movement – The letters are produced by the action of the

hand as a whole with the wrist as the center of action and with some
action of the fingers. Most illegible, scratchy and angular writings of
women are produced by such movement.

3. Arm movement – The movement in writing is made by the hand and

arm supported with the elbow at the center of the lateral swing. Many
of the good writings are written in this manner. There is more speed,
rhythm and freedom in this way of writing.

OCTOBER 18, 2016

MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES

Physical injury is the effect of some forms of stimulus on the

body.

The effect may only be apparent when the stimulus applied is

insufficient to cause injury and the body resistance is great. It may be
real when the effect is visible.

The effect of the application of stimulus may be immediate or

may be delayed. A thrust to the body of a sharp pointed and sharp
edged instrument will lead to the immediate production of a stab
wound, while hit by a blunt object may cause the delayed production of
a contusion.

Cause of Physical Injuries:

a. Physical Violence

b. Heat or Cold

c. Electrical Energy

d. Chemical Energy

e. Radiation by Radio-Active Substance

f. Change of Atmospheric Pressure (Barotrauma)

g. Infection

A. PHYSICAL INHURIES BROUGHT ABOUT BY PHYSICAL VIOLENCE

The effect of the application of physical violence on a person is

the product of wound.

A wound is the solution of the natural continuity of any tissue of

the living body. It is the disruption of the anatomic integrity of a tissue
of the body. In several occasions, the word physical injury is used
interchangeably with wound. However, the effect of the physical
violence may not always result to the production of wound, but the
wound is always the effect of physical violence.

Physics of Wound Production:

Wound = Kinetic Energy X time X area X “other factors”

 𝑀𝑉2
Kinetic Energy = M= Mass V= Velocity
2

Kinetic energy:

Inasmuch as kinetic energy is based on the mass and velocity

factors and that the velocity is squared, the velocity component is the
important factor. This explains why an M-16 bullet which has a speed
or 3,200 ft/sec. will do more damage than a 0.38 caliber bullet which is
heavier but has a much slower velocity.

Time:

The shorter the period of time needed for the transfer of energy,
the greater the likelihood of producing damage. If a person is hit on the
body and the body move towards the direction of the force applied, the
injury is less as when the body is stationary. The longer the time of
contact between the object or instrument causing the injury, the
greater will be the dissipation of energy.

Area of Transfer:

The larger the area of contact between the force applied on the
body, the lesser is the damage to the body. By applying an equal force,
the damage caused by stabbing is greater compared to a blunt
instrument.

“Other Factors”:

The less elastic and plastic the tissue, the greater the likelihood
that a laceration will result. Elasticity and plasticity refer to the ability of
a tissue to return to its “normal” size and shape after being deformed
by a pressure.

The movement of the parts of the body as a result of the force

being applied to them and the local stretching of tissue during
acceleration and deceleration cause most of the internal injuries seen
in traumatized individuals.

A force transmitted through a tissue containing fluid will force the

fluid away from the area of contact in all directions equally, frequently
causing the tissue to lacerate (Legal Medicine Annual 1980, Cyril Wecht
ed., p.36).

Vital Reaction:

It is the sum total of all reactions of tissue or organ to trauma. The

reaction may be observed macroscopically. The following are the
common reactions of a living tissue to trauma:

a.“Rubor” – Redness or congestion of the area due to an increase

of blood supply as a part of the reparative mechanism.

b.“Calor” – Sensation of heat or increase in temperature.

c.”Dolor” – Pain on account of the involvement of the sensory

nerve.

d. Loss of function – On account of the trauma, the tissue may not

be able to function normally.

The presence of the vital reaction differentiates an ante-mortem

from a post-mortem injury.
 In the following instances vital reactions or changes may not be
observed even if injury was inflicted during life:

a. If physical injuries are inflicted during the agonal state of a

living person. The body cells or tissue during the period may no
longer have the potential capacity to react to the trauma; and

b. If death is so sudden as not to give the tissues of the body, the

chance to react properly. This commonly observed in deaths due
to sudden coronary occlusion.

CLASSIFICATION OF WOUNDS:

1. As to Severity:

a. Mortal Wound – Wound which is caused immediately after

infliction or shortly thereafter that is capable of causing death.

Parts of the Body where the Wounds Inflicted are Considered

Mortal:

(1) Heart and big blood vessels.

(2) Brain and upper portion of the spinal cord.

(3) Lungs.

(4) Stomach, liver, spleen and intestine.

b. Non-mortal wound – Wound which is not capable of producing

death immediately after infliction or shortly thereafter.
2. As to the Kind of Instrument Used:

a. Wound brought about by blunt instrument (contusion,

hematoma, lacerated wound).

b. Wound brought by sharp instrument:

(1) Sharp-edged instrument (incised wound).

(2) Sharp-pointed instrument (punctured wound).

(3) sharp-edged and sharp pointed instrument (stab wound).

c. Wound brought about by tearing force (lacerated wound).

d. Wound brought about by change of atmospheric pressure

(barotrauma).

e. Wound brought about by heat or cold (frostbite, burns or

scald).

f. Wound brought about by chemical explosion (gunshot shrapnel

wound).

g. Wound brought about by infection.

3. As to the Manner of Infliction:

a. Hit – by means of bolo, blunt instrument, axe.

b. Thrust or stab – bayonet dagger.

c. Gunpowder explosion – projectile or shrapnel wound.

d. Sliding or rubbing or abrasion.

4. As regards to the Depth of the Wound:

 a. Superficial – When the wound involves only the layers of the
skin.

b. Deep – When the wound involves the inner structure beyond

the layers of the skin.

(1) Penetrating – one in which the wounding agent enters

the body but did not come out or the mere piercing of a
solid organ or tissue of the body.

“Penetrating Wound – Wound where the dimension of

depth and direction is an important factor in its description.
It involves the skin or mucous surface and the deeper
underlying tissues or organs caused directly by the
wounding instrument. Punctured, stab and gunshot wounds
usually belong to this type of wound. ”

(2) Perforating – When the wounding agent produces

communication between the inner and outer portion of the
hallow organs. It may also mean piercing or traversing
completely a particular part of the body causing
communication between the points of entry and exit of the
instrument or substance producing it.

5. As regards to the Relation of the Site of the Application of Force and

the Location of Injury:

a. Coup Injury – Physical injury which is located at the site of the

application of force.

b. Contre-Coup Injury - Physical injury found opposite the site of

the application force.
 c. Coup Contre-Coup Injury – Physical injury located at the site and
also opposite the site of application force.

d. “Locus Minoris Resistencia” – Physical injury located not at the

site nor opposite the site of the application of force but in some
areas offering the least resistance to the force applied. A blow on
the forehead may cause contusion at the region of the eyeball
because of the fracture on the papyraceous bone forming the roof
of the orbit.

e. Extensive Injury – Physical injury involving a greater area of the

body beyond the site of the application force. It has not only the
wide area of injury but also the varied types of injury. Fall from a
height or a run-over victim of a vehicular accident may suffer from
multiple fractures. Laceration of organs, and all types of skin
injuries.

When a stationary head is hit by a moving object, there is

the tendency for the development of contusion of the brain at the
site of impact.

When the moving head hits a firm, fixed and hard object,
brain contusion may develop at the opposite of the site of impact.

A coup-contra-coup location of brain injury may be found

when a fixed head is hit with a moving object and then falls on
another hard object.

6.As to the Regions or Organs of the Body Involved:

The wounds of the different organs and regions of the body will
be discussed separately under “Injuries in Various Parts of the Body”.
7. Special Types of Wounds:

a. Defense Wound - Wound which is the result of a person’s

instinctive reaction of self-protection. Injuries suffered by a
person to avoid or repel potential injury contemplated by the
aggressor.

A person who is conscious that he is going to be hit by a blut

instrument on the head may raise hi fixed forearms over his head,
causing injuries on the forearms.

If someone is going to stab another with a sharp instrument

the tendency of the potential victim is to take hold of the
instrument thus causing the production of an incised or a stab
wound on the palm of the hand.

b. Patterned Wound – wound in the nature and shape of an object

or instrument and which infers the object or instrument causing
it.

Impact of the face on the radiator grill of a car may cause

imprint of the radiator grill on the face.

A person run over by a wheel of car, tire marks are shown

on the body.

Due to hanging, the nature of the abrasion mark on the neck

may infer materials used.

Contusion produced by belt, branch of tree, metallic rod,

etc. may have the shape of the wounding instrument.
 c. Self-Inflicted Wound - Self-inflicted wound is a wound produced
on oneself. As distinguished from suicide, the person has no
intention o end his life.

Motive of Producing Self-Inflicted Wounds:

(1) To create or deliberately magnify an existing injury or disease for

pension or workman’s compensation;

(2) To escape certain obligations or punishment. During war time

soldiers may cut their fingers to avoid frontline assignments and
prisoners may inflict physical injuries on their body to avoid hard labor
and just be confined in a hospital to receive food and rest.

(3) To create a new identity or destroy the existing one. Fingerprints

may be destroyed by acid, by cutting or burning. A person may even
request for the services of a plastic surgeon to create new identity or
destroy existing ones.

(4) To gain attention or sympathy.

(5) Psychotic behavior.

Some Ways of Self-Mutilation:

(1) Head banging or bumping – This is commonly observed in overactive

children and causes hematoma.

(2) Exposure of parts of the body to heat radiation from open fires,
radiators, or protective grills over radiator (thermophilia).

(3) Penetrating nail or spike to the chest wall, or insertion into the
urinary bladder in a female.

(4) Castration by amputation of the penis.

(5) Trauma inflicted on the female genitalia to induce abortion or
promotes hemorrhage and creates an anemia.

(6) Subcutaneous injection of fecal matters to promote abscess

formation.

(7) Pricking of acne eruption to lead to a severe facial disfigurement.

(8) Subcutaneous injection of air to create a condition or emphysema.

(9) Nail-biting (onychophagia) which may lead to maceration of the skin

and an infection.

(10) Grinding of the teeth (bruxism) is frequently seen in the mentally

retarded and can lead to abnormal tooth wear, a bilateral hypertrophy
of the masseter and a pain on chewing.

(11) Pressure on the subcutaneous tissue by a tightly applied cord or

belt around the body:

a. Tribal customs of metal band around the neck or a leg by some

African tribes may cause a permanent disfigurement.

b. Use of shoes made of metal by Chinese women.

(12) Pulling of the body hair (Trichotillomania).

October 25

LEGAL CLASSIFICATION OF PHYSICAL INJURIES:

Mutilation:

Art. 262, Revised Penal Code:

 The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall intentionally mutilate another by
depriving him, either totally or partially, of some essential organ for
reproduction.

Any other intentional mutilation shall be punished by prision

mayor in its medium and maximum periods.

Kinds of Mutilation Punishable Under the Code:

1. Intentionally depriving a person, totally or partially of some of the

essential organs for reproduction, and

2. Intentionally depriving a person of any part or parts of the human

body other than the organs for reproduction.

Mutilation is the act of looping or cutting off any part of the living
body. In order to be punishable under the Code, it must be intentional,
otherwise it will be considered as a physical injury.

The loss of an eye due to stabbing is not mutilation. It is evident

that the putting out of an eye does not fall under the definition.

“Mayhem” is the unlawful and deprival of another of the use of a

part of the body so as to render him less able in fighting, either to
defend himself or to annoy his adversary. Mutilation of other parts of
the body other than the organ of reproduction may be classified as
mayhem. However, if it is not deliberate then it may fall on paragraph
2, Art. 263, Revised Penal Code (Serious Physical Injuries).

Is vasectomy and tubal ligation within the purview of mutilation as

defined and penalized by Art. 262 of the Revised Penal Code?
 On September 1973 upon the request of Executive Director of the
Population Commission, the Secretary of Justice rendered an opinion
that vasectomy and tubal ligation are not mutilation and a legitimate
method of contraception despite the fact that it is done intentionally
and deprives a person of his power of reproduction because:

By the closing of a pair of tubes in either man or the woman so

that the sperm and ovum cannot meet; it does not involve the removal
of reproductive glands or organs as in the case of castration, with which
it is sometimes confused.

Serious Physical Injuries:

Art. 263, Revised Penal Code:

Any person who shall wound, beat, or assault another, shall be

guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prison mayor, if in consequence of the physical

injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;

2. The penalty of prison correccional in its medium and maximum

periods, if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or smell,
or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have
lost the use of any such member, or shall have become incapacitated
for the work in which he was theretofore habitually engaged;

3. The penalty of prison correccional in its minimum and medium

periods, if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he was
habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to pricion

correccional in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person for
more than thirty days.

If the offense shall have been committed against any of the

persons enumerated in article 246, or with attendance of any of the
circumstances mentioned in article 248, the case covered by
subdivision number 1 of this article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prison correccional in its maximum period to
prison mayor in its minimum period; the case covered by subdivision
number 3 by prison correccional in its medium and maximum periods;
and the case coverd by subdivision number 4 by prison correccional in
its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable

to a parent who shall inflict physical injuries upon his child by excessive
chastisement.

The crime of serious physical injuries may be due to:

(1) Wounding;

(2) Beating;

(3) Assaulting. (Art. 263); or

(4) Administering injurious substances (Art. 264) without the

 intent to kill.

It may be committed through a simple negligence or imprudence.

The main purpose of dividing the provision into four paragraphs is

to graduate the penalties depending upon the nature and character of
the wound inflicted and their consequences on the person of the
victim.

In paragraph one, the injured person become insane, imbecile,

impotent, or blind.

Insanity has not been defined or qualified by the article.

Imbecility infers that the injured person must be of the pre-

adolescent age and that on account of the physical injuries inflicted
there is an arrest of mental development.

Impotency is the inability to grant the partner sexual gratification.

Blindness must be total or involvement of both eyes. If only one

eye became blind, then the physical injury will fall in paragraph 2 of
Article 263.

In paragraph two, the following nature and character of the wound or

consequences of the injuries inflicted must be present:

a. Loss of the use of speech or the power to hear or to smell, or loss of

an eye, a hand, a foot, an arm, or a leg;

b. Loss of the use of any such member; or

c. Becomes incapacitated for the work in which he was theretofore

habitually engaged.
 There must be a total loss of hearing capacity. If the loss of power
to hear is only in one ear, it is a serious physical injury under paragraph
2, article 263.

Insofar as loss of hand is concerned, the prosecution must prove

by clear and conclusive evidence that the offended party actually
cannot make use of his hand and that such impairment is permanent.

In paragraph three, the following physical injuries or their

consequences are included:

a. Deformity;

b. Loss of any other member of his body;

c. Loss of the use of thereof; or

d. Becomes ill or incapacitated for the performance of the work in

which he was habitually engaged for more than 90 days, as a
consequence of the physical injuries inflicted.

Deformity is a condition of physical ugliness. It must be

permanent and conspicuous. The loss of the front teeth, the
development of a pigment scar on the face, or loss of the pinna of the
ear are considered deformities. However, the development of a scar in
covered parts of the body may not be considered deformity because it
is not conspicuous and visible.

“The loss of any other part of his body” means loss of the parts of
the body not mentioned in paragraph 2, Art 263.

Incapacity maans the inability of the injured person to perform, or

engage on a work or vocation before he sustained injury.
In paragraph four, the injured person becomes ill or incapacitated for
labor for more than thirty days and impliedly less than 90 days.

It is noteworthy to mention that in paragraph 3 and 4 of article

263 there is no mention of periods of medical attendance but merely
incapacity.

Administering Injurious Substances or Beverages:

Art. 264, Revised Penal Code:

The penalties established by the next preceding article shall be

applicable in the respective cases to any person who, without intent to
kill, shall inflict upon another any serious physical injury, by knowingly
administering to him any injurious substances or beverages or by taking
advantages of his weakness of mind or credulity.

Elements of the crime:

a. The offender inflicted upon another person any serious physical

injury.

b. The infliction of physical injury was done knowing that the substance
or beverage administered is injurious or took advantage of the victim’s
weakness or credulity; and

c. There was no intent to kill on the part of the offender.

If the offender does not know that the substance administered is

injurious, he cannot be held liable under the above provision.

The throwing of acid on the face of someone does not fall within
the provision because what the provision contemplates is administering
or taking in the injurious substance or beverages.
 The provision does not contemplate of slight or less serious
physical injuries which is the consequence of injurious substances or
beverages, but results only in serious-physical injuries.

If the administration of injurious substances or beverages is

intentional, the crime committed is frustrated murder. Treachery is
inherent when injurious substances or beverages are introduced into
the body.

Less Serious Physical Injuries:

Art. 265, Revised PenalCode:

Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the
offended party for labor ten days or more , or shall require medical
attendance for the same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been afflicted

with the manifest intent to insult or offend the injured person, or under
circumstances adding ignominy to the offense, in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be
imposed.

Any less serious physical injury inflicted upon the offender’s

parents, ascendants, guardians, curators, teachers, or persons of rank
or persons in authority, shall be punished by prison correccional in its
minimum and medium periods, provided that, in the case of persons in
authority, the deed does not constitute the crime of assault upon such
person.
 The basis to determine whether the physical injury is less serious
or not is by either the period of medical attendance or period of
incapacity; both of which is ten days or more but not more than thirty
days.

The fact that the injury only requires medical attendance for two
days but incapacitated the victim from attending to his ordinary work
for a period of 29 days makes the crime less serious physical injuries.

There must be proof as to the period of medical attendance. In

the absence of such proof of medical attendance or incapacity,
although the wound actually healed in more than 30 days, the crime
committed is only slight physical injuries.

The crime of less serious physical injuries may be qualified and a

fine or a higher penalty is imposed when:

a. There is a manifest intent to insult or offend the injured person;

b. There are circumstances adding ignominy to the offense;

c. The victim is the offender’s parents, ascendants, guardian, curators

or teachers; or

d. The victim is a person of rank or person in authority, provided that

the crime is not direct assault.

Slight Physical Injuries and Maltreatment

Art. 266, Revised Penal Code:

The crime of slight physical injuries shall be punished:

1. By arresto menor 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;

2. By arresto menor or a fine not exceeding 200 pesos and censure

when the offender has caused physical injuries which do not prevent
the offended party from engaging in his habitual work nor require
medical attendance;

3. By arresto menor in its minimum period or fine not exceeding 50

pesos when the offender shall illtreat another by deed without causing
any injury.

Kinds of Slight Physical Injuries Punishable by the Code:

1. Physical injuries which incapacitate the victim for labor from one to
nine days, or require medical attendance for the same period.

This kind of slight physical injuries will require medical

certification as to the duration of medical attendance, or period of
incapacity. In case of divergency in the duration of medical attendance
and incapacity, the physician must always consider the best interest of
the victim in the determination of the period.

2. Physical Injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance.
 If the victim merely suffered from small contusion or superficial
abrasion which does not require medical attendance or incapacity, this
falls in the paragraph of slight physical injury.

3. Ill-treatment of another by deed without causing any injury.

A slight slap on the face or holding tightly the arm of the victim
which did not even develop redness of the skin may be a form of ill-
treatment.

If there is no evidence to show actual injury, or incapacity for

labor, or period of medical attendance, the accused can only be guilty
of slight physical injuries.

A tender slap on the face, holding the arm tightly, application of

pressure in some parts of the body, or mild blow which show no sign of
physical violence may still be considered slight physical injuries or
maltreatment.

Physical Injuries Inflicted in a Tumultuous Affray:

Art. 252, Revised Penal Code:

When in a tumultuous affray as referred to in the preceding

article, only serious physical injuries are inflicted upon the participants
thereof and the person responsible therefore cannot be identified, all
those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that
provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature

than the person responsible therefore cannot be identified, all those
who appear to have used any violence upon the person of the offended
party shall be punished by arresto from five to fifteen days.

Elements of the Crime:

a. There is tumultuous affray;

b. Participant(s) suffered from serious physical injuries;

c. The person(s) who inflicted such serious physical injuries cannot be

identified; and

d. All those who appear to have used violence upon the person of the
offended party shall be penalized by arresto from five to fifteen days.

November 8

TYPE OF WOUNDS (Medical Classification)

1. Closed Wound – There is no breach of continuity of the skin or

mucous membrane.

a. Superficial – When the wound is just underneath the layers of

the skin or mucous membrane.

(1) Petechiae.

(2) Contusion.

(3) Hematoma.

b. Deep.
 (1) Musculo-Skeletal Injuries.

(a) Sprain.

(b) Dislocation.

(c) Fracture.

(d) Strain.

(e) Subluxation.

(2) Internal Hemorrhage.

(3) Cerebral Concussion.

2. Open Wound – There is a breach of continuity of the skin or mucous

membrane.

a. Abrasion

b. Incised Wound.

c. Stab Wound.

d. Punctured.

e. Lacerated.

CLOSED WOUNDS:

Petechiae:

This is a circumscribed extravasation of blood in the subcutaneous

tissue or underneath the mucous membrane. The cause of passage of
blood from the capillaries may be due to the increased intra-capillary
pressure or increased permeability of the vessel. The hemorrhage may
be small or pinhead sized but several petechiae may coalesce to form a
bigger hemorrhagic area. Mosquito or other insect bites may cause the
formation of circumscribed hemorrhages.

Petechiae is not always a product of trauma. Petechial

hemorrhage may be a post-mortem finding in asphyxia death, coronary
occlusion and blood diseases. It may also develop post-mortem in
death by hanging. There is gravitation of blood into the most
dependent part of the body which eventually leads to the rupture of
over-distended capillaries specially seen at the region of the leg.

Contusion:

Contusion is the effusion of blood into the tissues underneath the

skin on account of the rupture of the blood vessels as a result of the
application of blunt force or violence.

When a blunt force is applied, it momentarily compresses the

blood vessels at the point of contract, thereby temporarily forcing the
blood out of the area and setting up a fluid wave under pressure. When
the pressure exceeds the cohesive force of the cells forming the
capillary, arteriole, or venule wall, the vessel ruptures.

Inasmuch as it used to take more time for the blood to get out of
the blood vessels, contusion does not immediately develop after the
application of force. It may develop after a lapse of minutes or even
hours after the application of force. The variation depends on the part
of the body injured, tenderness of the tissues affected, condition of the
blood vessels involved, and natural disease.
 Women are much more easily bruised than men while boxers are
less prone to suffer contusion in spite of heavy punishment.

The size of the contusion is usually greater than the size of the
object causing it. The location of the contusion may not always indicate
the site of the application of force. For instance, a blow on the forehead
may cause black-eye or contusion around the tissues of the eye-ball, or
a kick on the leg may cause appearance of contusion at the region of
the ankle on account of the gravitation of the effusion between
muscles and fascia.

On the medico-legal viewpoint, a contusion as indicated by its

external pattern may correspond to the shape of the object or weapon
used to produce it. Contusion appearing 6 hours after the alleged
assault does not mean the victim was not actually hit by the assailant.

Age of Contusion

The age of contusion can be appreciated from its color changes.

The size tends to become smaller from the periphery to the center and
passes through a series of color changes as a result of the disintegration
of the red blood corpuscles and liberation of hemoglobin.

The contusion is red sometimes purple soon after its complete

development.

In 4 to 5 days, the color changes to green.

In 7 to 10 days, it becomes yellow and gradually disappears on the

14th or 15th day.

The ultimate disappearance of color varies from one to four

weeks depending upon the severity and constitution of the body.
 The color changes start from the periphery inwards.

Factors Influencing the Degree and Extent of Contusion:

(a) General condition of the victim – Some healthy persons are easily
bruised.

(b) Part of the body affected – Bloody parts of the body produce larger
contusion, especially where subcutaneous tissue is loose. In areas of
the body with excessive fat, contusion easily develops, while parts of
the body with abundant fibrous tissue and good muscle tone, bruising
is less.

(c) Amount of force applied – Other factors being equal, the greater the
force applied the more effusion of blood will develop.

(d) Disease – Contusion may develop with or without the application of

force. Examples: Purpura, Hemophilia, Aplastic anemia, Whooping
cough, even vicarious menstruation.

(e) Age – Children and old age persons tend to bruise more easily.
Children have loose and tender skin. Old people have less flesh and the
blood vessels are more fragile.

(f) Sex – Women, especially if obese, easily develop contusion. Athletes,

like boxers do not develop contusion easily.

(g) Application of heat and cold – If, immediately after injury cold
compress is applied the production of contusion will be minimized.
After it has already developed, application of warm compress will
hasten its disappearance.
 The distinction between ante-mortem and post-mortem
contusions in an undecomposed body is that in ante-mortem bruising,
there is swelling, damage to epithelium, extravasation, coagulation and
infiltration of the tissues with blood, while in post-mortem bruising
there are no such findings.

Hematoma (Blood Cyst, Blood Tumor, “Bukol”):

Hematoma is the extravasation or effusion of blood in a newly

formed cavity underneath the skin. It usually develops when the blunt
instrument is applied in part of the body where bony tissue is
superficially located, like the head, chest and anterior aspect of the
legs. The force applied causes the subcutaneous tissue to rupture on
account of the presence of a hard structure underneath. The
destruction of the subcutaneous tissue will lead to the accumulation of
blood causing it to elevate.

Distinction Between Contusion And Hematoma:

(a) In contusion the effused blood are accumulated in the interstices

the tissue underneath the skin, while in hematoma blood accumulates
in a newly formed cavity underneath the skin.

(b) In contusion, the skin shows no elevation and if ever elevated, the
elevation is slight and is on account of inflammatory changes, while in
hematoma the skin is always elevated.

(c) In contusion, puncture or aspiration with syringe of the lesion

does not yield blood, while in hematoma, aspiration will show presence
of blood and subsequent depression of the elevated lesion.
 Abscess, gangrene, hypertrophy, fibroid thickening and even
malignancy are potential complications of hematoma.

Musculo-Skeletal Injuries:

(1) Sprain – Partial or complete disruption in the continuity of a

muscular or ligamentous support of a joint. It is usually caused by a
blow, kick or torsion force.

(2) Dislocation – Displacement of the articular surface of bones entering

into the formation of a joint.

(3) Fracture – Solution of continuity of bone resulting from violence or

some existing pathology.

(a) Close or Simple Fracture – Fracture wherein there is no break

in continuity of the overlying skin or where the external air has no
point of access to the site of injury.

(b) Open or Compound Fracture – The fracture is complicated by

an open wound caused by the broken bone which protruded with
other tissues of the broken skin.

(c) Comminuted Fracture – The fractured bone is fragmented into

several places.

(d) Greenstick Fracture – A fracture wherein only one side of the

bone is broken while the other side is merely bent.

(e) Linear Fracture – When the fracture forms a rack commonly

observed in flat bones.

(f) spiral Fracture – The break in the bone forms a spiral manner
as observed in long bones.
 (g) Pathologic Fracture – Fracture caused by weakness of the bone
due to disease rather than violence.

4. Strain – The over-stretching, instead of an actual tearing or the

rupture of a muscle or ligament which may not be associated with the
joint.

5. Subluxation – Incomplete dislocation.

Internal Hemorrhage:

Rupture of blood vessel which may cause hemorrhage may be due

to the following:

(a) Traumatic intracranial hemorrhage.

(b) Rupture of parenchymatous organs.

(c) Laceration of other parts of the body.

Cerebral Concussion (Commotio Cerebri):

Cerebral concussion is the jarring or stunning of the brain

characterized by more or less complete suspension of its functions, as a
result of injury to the head, which leads to some commotion of the
cerebral substance.

Cerebral concussion is much more severe when the moving or

mobile head struck a fixed hard object as compared when the head is
fixed and struck by a hard moving object.

Signs and Symptoms:

(a) Unconsciousness which is more or less complete.

(b) Muscles are relaxed and flaccid.

 (c) Eyelids are closed and the conjunctivae are insensitive.

(d) Surface of the body is pale, cold and clammy.

(e) Respiration is slow, shallow and sighing.

(f) Pulse is rapid, weak, faltering and scarcely perceptible to the

fingers.

(g) Temperature is subnormal.

(h) Sphincters are relaxed perhaps with unconscious evacuation of

the bowel and bladder.

(i) Reflexes are present but sluggish and in severe cases may be
absent.

Loss of memory for events just before the injury (retrograde

amnesia) is a constant effect of cerebral concussion and is of medico-
legal importance.

Open Wounds:

1. Abrason (Scratch, Graze, Impression Mark, Friction Mark):

It is an injury characterized by the removal of the superficial

epithelial layer of the skin caused by a rub or friction against a hard
rough surface. Whenever, there is forcible contact before friction
occurs, there may be contusion associated with abrasion. The shape
varies and the raw surface exudes blood and lymph which later dries
and form a protective covering known as scab or crust.

Characteristics of Abrasion:

a. It develops at the precise of impact of the force causing it.

b. Grossly or with the aid of a hand lens the injury consists of parallel
linear injuries which are in line with the direction of the rub or friction
causing it.

c. It may exhibit the pattern of the wounding material.

d. It is usually ignored by the attending physician for it does not require

medical treatment but it has far-reaching importance in the medico-
legal viewpoint.

(1) Abrasions caused by fingernails may indicate struggle or

assault and are usually located in the face, neck, forearms, and
hands.

(2) Abrasions resulting from friction on rough surfaces, either

intentional or accidental are located on bony parts of the body
and usually associated with contusion or laceration.

(3) Nature of the abrasion may infer degree of pressure, nature of

the rubbing object and the direction of movement.

e. Unless there is a supervening infection, abrasion heals in a short time

and leaves no scar. If the whole thickness of the skin is involved, healing
may be delayed and occasionally with scar formation.

Forms of Abrasion:

a. Linear:

An abrasion which appears as a single line. It may be a straight or

curved line. Pinching with the fingernails will produce a linear curved
abrasion, while sliding the point of a needle on the skin will produce a
straight linear abrasion.
b. Multi-Linear:

An abrasion which develops when the skin is rubbed on a hard

rough object thereby producing several linear marks parallel to one
another. This is frequently seen among victims of vehicular accidents.

c. Confluent:

An abrasion where the linear marks on the skin are almost

indistinguishable on account of the severity of friction and roughness of
the object.

d. Multiple:

Several abrasions of varying size and shapes may be found in

different parts of the body.

2. Incised Wound (cut, slash, slice):

This is produced by a sharp-edged (cutting) or sharp-linear edge of

the instrument, like a knife, razor, bolo, edge of oyster shell, metal
sheet, glass, etc. It may be an impact cut when there is forcible contact
of the cutting instrument with the body surface, or slice cut when
cutting injury is due to the pressure accompanied with movement of
the instrument.

When the wounding instrument is a heavy cutting instrument, like

axe, big bolo, saber, the wound produced is called Chopped or Hacked
wound. The injury is quite severe, edges may or may not be contused
depending on the nature of the edge of the instrument used.

Characteristics of Incised Wound:

a. Edges are clean-cut and both extremities are sharp, except in areas
where the skin is loose or folded at the time of infliction.

b. The wound is straight and may be shelving if inflicted with the

wounding instrument applied with an acute angle to the surface of the
body involved.

c. Usually the wound is shallow near the extremities and deeper at the
middle portion. However, this finding may be modified by the shape of
the wounding instrument and part of the body involved.

d. Because the blood vessels involved are clean-cut, profuse

hemorrhage is invariably a feature.

e. Gaping is usually present due to the retraction of the edges but its
presence and degree of retraction depends on the direction of the
incised wound with the line of cleavage (Langer’s line).

f. If the incised wound is located in parts of the body covered with

clothes, the clothing itself will show clean-cut of its texture.

g. In the absence of complication and/or when there is deeper

involvement present, healing is relatively fast and the scar may not or
may develop conspicuously.

h. Incised wound caused by broken edge of glass may be irregular and

may appear like a punctured or stab wound. Fragments of the glass
may be removed from the incised wound. Examination with the aid of a
magnifying lens is necessary to determine the presence and removal of
particles of flakes of glasses in the wound.
Changes that occur in an Incised Wound:

After 12 hours – Edges are swollen; adherent with blood and with

leucocyte infiltration.

After 24 hours – Proliferation of the vascular endothelium and

connective-tissue cells.

After 36-48 hours – Capillary network complete; fibroblasts running at

right angles to the vessels.

After 3-5 days – Vessels show thickening and obliteration.

Deep incised wound may cause clean-cut fracture of the bone,

severance of blood vessels and nerves or amputation. Paralysis may
develop on account of the severed nerve and profuse hemorrhage may
result to death. Embolism or supervening infection may later develop.

Why a Person Suffers from Incised Wound:

a. As a therapeutic procedure – Pyogenic abscess and cystic conditions

may be treated by incision.

b. As a consequence of self-defense – The sharp-edged instrument may

be held by the victim in his attempt to avoid the offender to inflict
more serious injuries in him.

c. Masochist may self-inflict incised wound as a means of sexual

gratification.

d. Addicts and mental patients may suffer from incised wound

irrationally.
Incised Wounds may be Suicidal, Homicidal or Accidental:

a. Suicidal – Located in peculiar parts of the body, like the neck, flexor
surfaces of the extremities (elbow, groin, knee), wrist, and accessible to
the hand in inflicting the injury. The most common instrument used is
the barber’s razor blade with an improvised handle. There is usually
superficial tentative cut (hesitation cuts) and the direction varies with
the location and the hand (left or right) used in inflicting the injuries.
The most common site of suicidal incised wounds are on the wrist with
involvement of the radial artery and the neck.

b. Homicidal – The incised wounds are deep, multiple and involve both
accessible and non-accessible parts of the body to the hands of the
victim. Defense and other forms of wounds may be present. Clothings
are always involved.

c. Accidental – Multiple incised wound is commonly observed on the

passengers and driver of vehicular accidents on account of the broken
windshield and glass parts of windows. Stepping on oyster shell, broken
glasses, sharp edges of metal sheets are common causes of incised
wound on the sole of the foot. The associated in the use of kitchen
knives in the preparation of food, carpenters and handicraft workers
who use sharp edged instruments are frequent victims of accidental
incised wounds.

Distinction between Suicidal and Homicidal Cut-throat

 Suicidal Homicidal
Direction Oblique, from below left ear, Usually horizontal below
downwards, across front, the Adam’s apple.
neck just above Adam’s
apple.
Severity Usually not so deep and may Usually deep and may
only involve trachea, carotid cause involvement of the
artery and sometimes the cartilage and bones.
esophagus.
Superficial Usually present before the Practically absent but may
Cut commencement of deeper rarely be present when
wound. the victim struggled when
attacked.
Position of May be sitting facing a mirror Usually victim lying on bed
the body or standing. or in other place.
Wounding Firmly grasped (Cadaveric Weapon is absent.
Weapon spasm) or found lying beside
victim.
Blood Blood found in front part of Blood found at the back of
Distribution the body. Hand generally the neck. Hands clean.
smeared with blood.
Motive History of mental depression, Absence of such history.
domestic, financial social
problems, alcoholism etc.
may prove suicide.
Previous May be present. Always absent.
history of
self-
destruction
3. Stab Wound:

Stab wound is produced by the penetration of a sharp-pointed

and sharp edged instrument, like a knife, saber, dagger, scissors. It may
involve the skin or mucous surface. If the sharp edge portion of the
wounding instrument is the first to come in contact with the skin, the
wound produced is an incised wound, but if the sharp-pointed portion
first comes in contact, then the wound is a stab wound. As general rule,
like an incised wound, the edges are clean-cut, regular and distinct.

The surface length of a stab wound may reflect the width of the
wounding instrument. It may be smaller when the wound is not so deep
inasmuch as it is only caused by the penetration of the tapering portion
of the pointed instrument. It may be made wider if the withdrawal is
not on the same direction as when it was introduced or the stabbing is
accompanied by a slashing movement. In the latter case the presence
of an abrasion from the extremity of the skin defect is in line with
direction of the slashing movement.

The extremities of stab wound may show the nature of the

instrument used. A double-bladed weapon will most likely produce a
sharp appearance of both extremities. A single bladed instrument may
produce one of its extremities sharp and the other rounded and
contused. This distinction may not be clearly observed if the instrument
is quite thin.

The direction of the surface defect may be useful in the

determination of the possible relative position of the offender and the
victim when the wound was inflicted.
 As to whether the wound is a slit-like or gaping depends on the
looseness of the skin and the direction of the wound to the line of
cleavage (Langer’s line).

The depth may be influenced by the size and sharpness of the

instrument, area of the body involved, and the degree of force applied.
Involvement of the bones may cause clean-cut fracture on it. A portion
of the wounding instrument, usually the tapering part, may remain in
the body. X-ray examinations may be needed to reveal its location.

Hemorrhage is always the most serious consequence of a stab

wound. This is due to the severance of blood vessels or involvement of
bloody organs.

Stab wounds may be Suicidal, Homicidal, or Accidental:

a. Suicidal – Evidence showing that the stab wound is suicidal:

1. It is located over the vital parts of the body.

2. It is usually solitary. If multiple, they are located on one part of

the body.

3. If located on covered parts of the body, the clothing are not

involved.

4. The stab wound is accessible to the hand of the victim.

5. The hand of the victim is smeared with blood.

6. The wounding weapon is firmly grasped by the hand of the

victim (cadaveric spasm).
 7. If stabbing is accompanied with slashing movement, the wound
tailing abrasion is seen towards the hand inflicting the injury.

8. A suicide note may be present.

9. There is the presence of a motive for self-destruction.

10. No disturbance in the death scene, wounding instrument is

found near the victim.

b. Homicide – Stabbing with homicidal intent is the most common.

Characteristics:

1. Injuries other than stab wound may be present.

2. Stab wound may be located in any part of the body.

3. Usually there are more than one stab wound.

4. There is a motive for the stabbing. If without motive, the

offender must be insane or under the influence of drugs.

5. There is disturbance in the crime scene.

Medical evidences showing intent of the offender to kill the victim:

a. There are more than one stab wounds.

b. The stab wounds are located in different parts of the body or on

parts of the body where vital organs are located.

c. Stab wounds are deep.

d. Stab wound with serrated or zigzag borders infers alternative thrust

and withdrawal of the wounding weapon to increase internal damages.
e. Irregular or stellate shape skin defects may be due to changing
direction of the weapon with the portion of the instrument at the level
of the skin as the lever. In this way a greater area of involvement
internally will be realized.

Different measurement of the stab wounds may possibly be

produced by one weapon if it is tapering towards the sharp point.
Withdrawal of the instrument not on the same direction as when it was
introduced may increase the length of the skin defect.

A sharpened three-cornered file (tres-cantos) when used as a

stabbing weapon will produce three-cornered (extremities) skin defect.

The most common immediate cause of death is hemorrhage

particularly when located in the chest or abdomen.

Accidental stab wounds are quite rare and are usually caused by
falling against a projecting sharp object like broken piece of glass or
flattened and pointed iron bars.

4. Punctured Wound:

Punctured wound is the result of a thrust of a sharp pointed

instrument. The external injury is quite small but the depth is to a
certain degree. It is commonly produced by an icepick, needle, nail,
spear, pointed stick, thorn, fang of animal and hook.

The nature of the external injury depends on the sharpness and

shape of the end of the wounding instrument. Contusion of the edges
may be present if the end is not so sharp. The opening may be round,
elliptical, diamond-shape or cruciate. An accurate cross-section nature
of the wounding object may well be appreciated when there is
involvement of flat hard parts of the body especially the skull.

External hemorrhage is quite limited although internal injuries

may be severe. However, direct involvement of blood vessels and
bloody organs may cause fetal consequence unless appropriate medical
intervention is applied.

The site of the external wound can be easily sealed by the dried
blood, serum or clotted blood so that introduction of pathogenic
microorganism which does not require the presence of air in its growth
and multiplication may find the place favorable, and may produce fetal
consequences.

Punctured wound is usually accidental but in rare instances it may

be homicidal or suicidal.

Characteristics:

a. The opening on the skin is very small and may become unnoticeable
because of clotted blood and elasticity of the skin. The wound is much
deeper than it is wide.

b. External hemorrhage is limited although internally it may be severe.

c. Sealing of the external opening will be favorable for the growth and
multiplication of anaerobic microorganism like bacillus tetani.

Medical evidences that tend to show it is Homicidal:

a. It is multiple and usually located in different parts of the body. It may

however be found in certain areas of the body.

b. The wounds are deep.

c. There are defense wounds on the victim.

d. There is disturbance in the crime scene (sign of struggle).

Proof to show it is Suicidal:

a. Located in areas of the body where the vital organs are located.

b. Usually singular but may be multiple but located in one area of the
body.

c. Parts of the body involved ids accessible to the hand of the victim.

d. Clothings usually is not involved.

e. Wounding is made by the weapon while the victim is in sitting or

standing position. There is bleeding towards the lower part of body or
clothing.

f. No disturbance of the crime scene.

g. Present of suicide note.

h. Wounding instrument found near the body of the victim.

Punctured wound with puncturing instrument “loaded” with poison:

a. Poison dart – cyanide or nicotine.

b. Fish spines.

c. Dog bites with hydrophobia virus.

d. Injection of air and poison as a way of euthanasia.

5. Lacerated Wound (Tear, Rupture, Stretch “Putok”)

 Lacerated wound is a tear of the skin and the underlying tissues
due to forcible contact with a blunt instrument. It may be produced by
a hit with a piece of wood, iron bar, fist blow, stone, butt of firearm, or
other objects without sharp objects.

If the force applied to a tissue is greater than its cohesive force

and elasticity, the tissue tears and a laceration is produced.

Since the skin is composed of several types of tissues, namely

epidermis, connective tissue, fat, blood vessels, nerves, grandular cells,
etc. each having its own breaking point, the laceration will be irregular
and having strands of tissues bridging. The rupture of continuity may
only extend deeper to the stronger layer like that of the galea
aponeuritica in case of scalp injury.

Characteristics:

a. The shape and size of the injury do not correspond to the wounding
instrument.

b. The tear on the skin is rugged with extremities irregular and ill-
defined.

c. The injury developed is at the site where the blunt force is applied.

d. The borders of the wound are contused and swollen.

e. It is usually developed on the areas of the body where the bone is

superficially located, like the scalp, malar region of the face, front part
of the leg, dorsum of the foot, etc.

f. Examination with the aid of the hand lens shows bridging tissue
joining the edges and hair bulbs intact.
g. Bleeding is not extensive because the blood vessels are not severed
evenly.

h. Healing process is delayed and has more tendency to develop scar.

Classification of Lacerated Wound:

a. Splitting caused by crushing of the skin between two hard objects.

This is best seen in laceration of the scalp caused by a hit of a blunt
instrument, cut eyebrow of boxer and laceration of the chin of
motorcyclist.

b. Overstretching of the skin. When pressure is applied on one side of

the bone, the skin over the area will be stretched up to a breaking point
to cause laceration and exposure of the fractured bone. In avulsion, the
edges of the remaining tissue is that of laceration.

c. Grinding compression – The weight and the grinding movement may

cause separation of the skin with the underlying tissues.

d. Tearing – This may be produced by a semi-sharp-edge instrument

which causes irregular edges on the wound, like hatchet and choppers.

Lacerated wounds may involve deeper tissues like laceration of

the muscles and fracture of bones depending upon the degree of force
applied in causing it.

It may be homicidal or accidental but rarely it is suicidal. An

insane person may hit his head on a concrete wall but when loss of
consciousness develops he will not be able to continue further his act of
self-destruction.
MEDICO-LEGAL ASPECTS OF SEX CRIMES

VIRGINITY AND DEFLORATION

A. VIRGINITY

Virginity is a condition of a female who has not experienced

sexual intercourse and whose genital organs have not been
altered by carnal connection.

A woman is a “virtuous female” if her body is pure and if she

has never had any sexual intercourse with another, though her
mind and heart is impure.

The presumption of a woman’s virginity arises whenever it is

shown that she is single and continuous until overthrown by proof
to be contrary. A woman is presumed to be a virgin when
unmarried and of good reputation.

A defendant has the previous sexual intercourse with the

victim before he was charged with consented abduction for acts
committed thereafter. The woman was considered “virgin” within
the meaning of the law. However, in another case, it was
established that the defendant’s character, before the alleged
seduction, was opened to question. The woman was considered
no longer a virgin.

Kinds of Virginity:

1. Moral Virginity – The state of not knowing the nature of sexual

life and not having experienced sexual relation. Moral virginity
applies to children below the age of puberty and whose sex
organs and secondary sex characters are not yet developed.

2. Physical Virginity – A condition whereby a woman is conscious

of the nature of the sexual life but has not experienced sexual
intercourse. The term applies to women who have reached sexual
maturity but have not experienced sexual intercourse.

There are no conclusive medical findings to show that a

woman is physically virgin. Reliance is given to the absence of
laceration of the hymen, but a woman might have had previous
sexual intercourse and yet the hymen was unruptured while
others might not have the experience of sexual relations but have
laceration of the hymen.

If the findings show absence of laceration of the hymen,

distinction should be drawn between true and false physical
virginity.

a. True Physical Virginity – A condition wherein the hymen

is intact with the edges distinct and regular and the opening
small to barely admit the tip of the smallest finger of the
examiner even if the thighs are separated.
 b. False Physical Virginity – A condition wherein the hymen
is unruptured but the orifice is wide and elastic to admit two
or more fingers of the examiner with a lesser degree of
resistance. The hymen may be laxed and distensible and
may have previous sexual relation. In this particular instance
the physician may not be able to make a convincing
conclusion that the subject is virgin.

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 may be embraced,
kissed, may allow her breasts to be fondled, her private organ to be
held and other lascivious acts. 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” – Literally the term refers to a truly virgin woman;

that there are no structural changes in her organ to infer previous
sexual intercourse and that she is a virtuous woman. Inasmuch as there
are no conclusive evidences to prove the existence of such condition,
liberal authorities extend the connotation of the term to include
women who have had previous sexual act or even habitually but had
not given birth.

Parts of the female body to be considered in the determination of the

condition of virginity:

1. Breasts – The breasts (mammary glands) are functionally related to

the reproductive system since they secrete milk for nourishment of the
young child. At their inner structures are 15 to 20 lobes of glandular
tissues supported by connective tissue framework with variable
amount of adipose tissue.

On the ventral surface of each breast is a cylindrical projection

called nipple and at its rounded tip are perforations which are the
openings of the ducts draining the milk glands. The nipple is
surrounded by a pigmented area called areola which becomes dark
brown during pregnancy.

The size, consistency and shape of the female adult breast varies
with age, degree of physical development, stage in the menstrual cycle,
pregnancy, nutrition and hormonal factors.

A fully developed breast may be classified according to shape as

follows:

a. Hemispherical Breast - The breast is like a hemisphere. The contour

lines are not straight but form part of a circle or half of a sphere.

b. Conical Breast – The breast has the shape similar to a cone. The
outline consists of two converging lines which meet at the region of the
nipple.

c. Infantile or Flat Breast – The breast is only slightly elevated from the
chest without distinct boundary and showing no definite shape.

d. Pendulous Breast – The skin of the breast is loose making it capable

of swinging in any direction. This is commonly observed among
parturient breast-feeding mothers. A pendulous breast may be:

1. Hemispherical pendulous breast – It has the shape of a

hemisphere but with loose skin.
 2. Conical pendulous breast – It has the shape of a cone and is
capable of swinging sidewise.

The condition of the breast is not a reliable evidence to determine

virginity. The size, shape and consistency of the breast may be
hormonal or hereditary. The advent of artificial feeding makes it
possible for parturient women to preserve the condition of the breast.

2. Vaginal Canal:

As a general rule, the vaginal canal of a virgin is tight and the

rugosities are sharp and prominent. Insertion of a finger or instrument
may show certain degree of resistance. The wall of the vagina is
composed of smooth muscle and fibroelastic connective tissue so that
its tightness and degree of resistance on insertion of a finger or an
instrument depends on the integrity of its wall, as well as on the
potency of its lubricating secretion. The sharpness of the wall’s
rugosities may be diminished by insertion of foreign bodies, passage of
clotted blood, self-manipulation, etc. and not by sexual intercourse.
The canal may be inherently lax and rugosities not prominent since
birth.

3. Labia Majora and Labia Minora

The labia majora is firm, elastic and plump and its medial borders
are usually in close contact with each other so as to cover the labia
minora and the clitoris. The labia minora is soft, pinkish in close contact
with one another, and its vestibule is narrow. Entry of the male organ
may cause the labia to gape due to stretching of their borders.
 The condition of both labia is not a reliable basis in determining
virginity. A woman may be a virgin but with a gaping labia, while others
might have had previous delivery but the labia are still coaptated. The
condition of the labia is much more related to the general physical
condition of the woman rather than the absence or the presence of
previous sexual intercourse. A stout woman usually can preserve the
plump, coaptated and firm labia while skinny women usually have
gaping labia.

4. Fourchette:

The fourchette present a V-shape appearance as the two labia

minora unite posteriorly. After severe distention, the sharpness of the
acute angle may become rounded with retraction of the edges.

The rounding of fourchette and the retraction of the edges can be

a consequence of so many causes. Stretching apart of the thighs,
instrumentation, horse or bicycle riding may produce the condition
other than sexual intercourse.

5. Hymen:

Physicians give much attention in the examination of the hymen

in the determination of virginity.

Classification of Hymen:

a. As to shape and size of the opening:

1. Annular or circular – The opening is oval or circular located at

the center of the hymen. There may be indentation of the
borders.
 2. Infantile – The opening is small, usually linear, fleshy and
resistant.

3. Semilunar or crescentric – The concavity may be facing either

side or upwards or downwards. The tapering ends of the crescent
may be the frequent sites of laceration.

4. Linear – The opening is slit-like and usually running vertically.

5. Crib form – The hymen presents several openings instead of a

single one. In several instances the opening are quite small and
will require the use of a hand lens to make them visible.

6. Stellate – hymenal opening is like a star.

7. Septate – There are two openings which may be of equal or

different size separated by a bridge of hymenal tissue. After a
sexual act there may be complete rupture of the bridging tissue or
marked distention of one to make the other opening almost
invisible.

8. Fimbriated – the border of the opening shows small irregular

protrusion towards the opening. In some instances the
fimbriation may be big enough that the examiner may mistake it
to be superficial laceration.

9. Imperforate – There is no opening on the hymen. When a

woman starts o menstruate, surgery may be necessary to open
the hymen to allow free passage of menstrual blood.

b. As to structure and consistency:

 1. Firm and with strong connective tissue and plenty of blood
vessels – This type has more tendency to lacerate during the first
sexual act and the laceration my produce relatively more
hemorrhage.

2. Thick yielding hymen with scarce blood vessels – The hymen is

distensible, easily penetrated and when lacerated will cause less
bleeding.

3. Membranous hymen – Hymen is parchment-like, may be

transparent and may lacerate without pain or appreciable
bleeding.

c. As to number of opening:

1. Single orifice – Having one opening.

2. Septate – Having two openings.

3. Multiple – Having several openings.

4. Imperforate – Without orifice.

Virginity is Not Synonymous with Chastity:

A woman may resort to many forms of homosexual as well as

heterosexual practices without losing her virginity, yet she may be
unchaste.

A woman may have a ruptured hymen and other signs of loss of

physical virginity, yet she is chaste.

She may resort to masturbation with rupture of the hymen and

dilation of the vaginal canal causing it to appear that she has had
several sexual intercourses, yet she may still be a virgin.
B. DEFLORATION

Defloration is the laceration or rupture of the hymen as a result of

sexual intercourse. All other lacerations of the hymen which are not
caused by sexual act are not considered as defloration.

Parts of the female genitalia that must be examined to determine

defloration:

1. Condition of the Vulva:

Normally the labia majora and minora are in close contact with
one another covering almost completely the external genitalia. After
defloration, the labia may gape exposing the introitus vulvae.

The finding may not be relied upon because some females may
have inherently gaping labia, especially, asthenic women although
there is no history of previous of previous sexual act, while others may
preserve the coaptated labia even if there has been previous sexual act.

2. Fourchette:

The normal V-shape of the fourchette is lost on account of the

previous stretching during insertion of the male organ. Withdrawal of
the stretching force will cause retraction of its walls with rounding of
the base.

Retraction of the fourchette is not a good sign of defloration

inasmuch as it can be due to other causes. Ballet dancing, separation of
the thighs, tree climbing, cycling, horse riding, insertion of foreign body,
etc. may cause retraction of the fourchette without previous sexual act.
 The fourchette, together with the perineum and lower portion of
the posterior vaginal wall, may be lacerated by sexual act or some other
causes.

3. Vaginal canal:

After repeated sexual acts, there is diminution of the sharpness or

obliteration of the vaginal rugosities. There will be laxity of its wall so
that insertion of a medium size tube during the medical examination
can be done with slight resistance.

The changes in the vaginal rugosities or the laxity of its wall

cannot be relied upon as a proof of defloration because
instrumentation during medical examination, masturbation or insertion
of foreign bodies or other similar or related acts will cause the
development of such condition.

The vaginal wall, together with the vulva, may suffer injury during
defloration or some other causes.

Predisposing causes of vulvo-vaginal injuries during sexual act:

a. Virginity – Sex organ does not have previous experience to stretching

or coital act.

b. Prepuberty – The genital organ is not yet fully developed to subject it

to full physiological function.

c. Genital disproportion – The male organ is unusually big or female

organ infantile in size in spite of adult age.

d. Unprepared or unaroused female – The vaginal secretion is absent,

causing more friction.
e. Position during the sexual act – Dorsal decubitus position with the
thighs hyperflexed predisposes to deep penetration by the male organ
and is contributory to vaginal vault lacerations. Vaginal position may
not be in harmony with the movement of the penis.

f. Brutality of the male partner during the sexual act.

g. Recent vaginal surgery – The canal may become narrow and fibrous
scar may replace the muscular vaginal wall at the site of surgery.

h. Excessive active involvement of the female partner.

i. Multiple sexual act among sex deviates (Nymphomaniac or styriatic)

or multiple consort – Continous stretching and friction may weaken its
wall.

j. Renewed sexual activity after prolonged abstinence.

k. Post-menopause.

l. Uterine retroversion.

4. Hymen:

The hymen is lacerated during the initial sexual act. However, it is

not always the case. Some hymen are thick, elastic and fleshy such that
they can resist certain degree of distention without causing laceration.
Some women may inherently have lacerated hymen probably on
account of previous trauma during the early age. The fact that the
hymen is intact does not prove absence of previous sexual intercourse
and the presence of laceration does not prove defloration.

Other Causes of Hymenal Laceration:

a. Passage of clotted blood during menstruation.

b. Ulceration due to disease, like diphtheria.

c. Jumping or running.

d. Falling on hard and sharp object.

e. Medical instrumentation.

f. Local medication.

g. Self-scratching due to irritation.

h. Masturbation.

i. Insertion of foreign bodies.

j. Previous operation.

In the medical examination of the hymen, the following facts must be

included:

a. General condition of the hymen:

This includes the width, thickness, elasticity, vascularity, and

laxity. It may include pathological condition, like inflammatory changes,
signs of previous trauma, developmental abnormality and foreign
elements.

b. Original shape of the orifice (opening):

In case laceration is present, try to reconstruct the hymen by

means of a probe and determine the original shape of the opening. It
may be linear, circular, stellate, cresentric, septate, cribiform,
imperforate and fimbriated.

c. If lacerated, the following must be noticed:

 1. Degree of laceration:

This refers to the extent of damage to the hymen which may

be:

a. Incomplete laceration – Rupture of laceration of the hymen is

considered incomplete when it does not involve the whole width
or height of the hymen. Incomplete laceration may be:

 Superficial – The laceration does not go beyond one-half of

the whole width of the hymen.
 Deep – The laceration involves more than one-half of the
width of the hymen but not reaching the base.

b. Complete laceration – The hymenal laceration involves the

whole width but not beyond the base of the hymen.

c. Compound or complicated laceration – The laceration involves

the hymen and also the surrounding tissues. It may involve the
perineum, vaginal canal, urethra or rectum.

Notches – Indentation of the hymen simulating lacerations.

They may be symmetrical and may extend to the vaginal wall. The
mucous membrane over the notch is intact. Notches may be
mistaken for laceration.

2. Location of laceration:

For the purpose of locating the site of the laceration, the hymenal
orifice is related to the face of a watch while the subject is in lithotomy
position. With the examiner facing the female genitalia, the location of
the laceration will be described corresponding to the time in the face of
a watch. By this procedure, a laceration at the region of the fourchette
may be described as a laceration at 6:00 o’clock position in the face of a
watch while on the horizontal sides may be termed 9:00 (left side) and
3:00 (right side) positions.

3. Duration of the laceration:

The determination as to how long the laceration took place can be

approximated by the changes observed in the lacerated tissue.

a. Fresh bleeding laceration – The laceration is of recent origin.

b. Fresh healing with fibrin formation and with edema of the

surrounding tissue – Usually after 24 hours.

c. Healed laceration with congested edges and with sharp coaptible

borders – Depending upon the degree of laceration and the presence
or the absence of complications, the said laceration could have
occurred 4 to 10 days. Sometimes, the said finding is termed “recently
healed” laceration.

d. Healed laceration with sharp coaptible borders without congestion

– Sometimes have passed by after the laceration has healed. Ordinarily
it can be inferred that hymenal laceration took place approximately
more than ten days or 2 to 3 weeks.

e. Healed laceration with rounded non-coaptible borders and

retraction of the edges – Laceration took place long before the date of
the date of the examination which is probably more than a month’s
time.

4. Complications of laceration:
 A vast majority of laceration of the hymen healed uneventfully,
although in rare instances complications set in. the following are the
possible complications:

a. Secondary infection – There may be activation of the bacterial

flora in the vaginal canal or a superimposed infection may set in,
especially among women with poor hygienic habit. Gonorrheal
infection is not uncommon when the offender is suffering from
the disease at the time of the sexual act.

b. Hemorrhage – This is rare complication but this may be present

in severe compound laceration of the hymen. Surgical
intervention may be necessary to control the bleeding. Blood
analysis to determine the presence of blood disease may be
indicated when there is disproportion between the injury and the
amount of hemorrhage. Blood transfusion may be required when
the condition of the patient demands replacement of the blood
loss.

c. Fistulae formation – Recto-vaginal or vesico-vaginal fistula may

develop in the case of compound laceration. This may require the
services of a competent gynecologist to subject the patient to
surgery.

d. Stricture – Hymenal laceration alone will not produce stricture

but in case of involvement of the vaginal wall it may consequently
result in narrowing of the canal on account of the scar formation.

e. Sterility – Trauma and infection may further involve the upper

part of the female generative organ and may cause loss of
procreation power.
PHYSIOLOGIC CONSIDERATION:

A. During Sexual Excitement:

1. Local Changes:

The parasympathetic innervations of the sex organ is from the 2nd,

3rd and 4th spinal sacral segments, and the sympathetic innervations is
from the 11th thoracic down to the 1st lumbar. In the male, the stimulus
may be central or somesthetic (somesthetic: concerned w/ bodily
sensation) or local tactile in origin.

In the male, stimulation will cause erection of the penis due to

active dilation of the arteries through the nervus origentis. The erection
is also brought about by the contraction of the ischiocavernosus muscle
producing compression of the dorsal vein of the penis, thus causing
accumulation of blood under pressure.

More sexual stimulus will be attained through friction during the

sexual act coupled with the physical activities of the partner.

In the female, sexual stimulation will cause tumescence (swelling

due to engorgement of blood) of the clitoris, vestibule and labia
minora.

There is spontaneous vulvar lubrication. The lubricant is a

transudate coming from the vaginal wall and its production ceases
when the stimulus is removed. The lubricant dries quickly.

There is labial engorgement and vaginal lengthening and

widening. During the excitement, the vaginal canal increases in length
from 7 to 8 cm. to 9.5 to 10.5 cm. At the level of the cervix there is a
transverse expansion of the vaginal canal from 2 cm. to 4 cm. to 6.25 to
6.75 cm.

2. Systemic Effects:

a. An increase in the pulse rate;

b. Marked increased in blood pressure making its peak during orgasm;

c. An increase if peripheral flow of blood experienced as an increase of

body warmth;

d. Tumescence (engorgement of blood), which is the consequence of

this peripheral flow concentrating on erectile tissue;

e. Increased respiration;

f. A decrease in bleeding during arousal, which is reversed

subsequently;

g. A decrease in sensory perception;

1. There is blunting of the sense of touch.

2. Pain may be largely lost; sensation which could be sharply

painful may only be experienced as no more than a mild touch

stimulation.

3. Alertness of hearing and vision is clearly decreased.

B. During Orgasm:
 In the male, orgasm is the sensation resulting from the
contraction of the smooth muscles of the genitalia and the striated
muscles of the pelvic floor coinciding with ejaculation.

Seminal emission is carried on by the peristaltic action of the vas

deferens, seminal vesicle and prostate.

Ejaculation results from the contraction of the pelvic floor muscle

and the bulbospongiosus and ischiocavernosus muscles.

In the female, during orgasm, there is contraction of the smooth

muscles of the uterus and rhythmic contraction of the vaginal
sphincter, the ischiocavernosus and the pelvic floor musculature.

The physiological changes are similar in both male and female.

The difference is only in the speed of response. In the male, sexual
arousal is psychological followed by physical, while in the female it is
primarily physical.

DEATH RELATED TO SEXUAL ACT

1. Death of the Male Partner:

a. Death from natural cause:

During sexual intercourse, the male as an active subject

develops increase blood pressure, tachycardia and
hyperventilation due to emotional response and muscular
exertion. If he is suffering from cardio-vascular disease or
insufficiency of cardiac reserve, the increase demand on the
cardiovascular system may not be met and he may die. This is also
true in masturbation.
 If a person died outside his conjugal home, the dead is
generally referred to as “D.I.S.” or “death in the saddle”.
Sometimes it is jokingly claimed that “he died with his boots on”
or “he died planting the Philippine flag”. If death took place in a
prostitution house, the children’s comment is “Daddy died in the
arms of a scarlet woman”.

b. Death may be due to the defensive act of the woman-victim:

In cases of rape, the victim may be able to take hold of a

sharp instrument and inflict injuries to the offender which may
cause his death.

2. Death of the Female Partner:

Women almost never suffer death from natural causes during the
normal sexual act. The reason may be that they are less susceptible to
cardio-vascular disease and that they play a passive role in sexual
intercourse. Women can control their tendencies to over-excitement
and they exert less physical effort in a sexual act than men do.

Death of the female partner is usually accidental and not on

account of a natural disease:

a. The sexual intercourse might be done in a relatively confined space

like the back seat of a car. Accidental strangulation or suffocation of the
female partner may be due to the undue pressure applied on the chest,
neck or face. The struggle of the female partner may remain unnoticed
on account of the height of sexual excitement, and this may cause her
death.
b. In case or oral sex (fellatio) wherein the male penis is placed in the
mouth of the female partner, the size and length of the penis may
cause partial or total block of the air passage, causing asphyxia.
Ejaculation of seminal fluid may occlude the lumen of the respiratory
tract as in drowning.

c. In case of cunnilingus (a perverted sexual act wherein the male licks

the female genital organ), the male partner may blow air in the vulva
and may cause air embolism especially when the woman is pregnant.
The air may enter the blood circulation and causes immediate death.

d. Saddists who may not be sexually satisfied by sexual intercourse but

by inflicting physical injuries to the partner may cause death of the
female partner.

e. Death of the female partner may be deliberately done by the male to

conceal the crime of rape he has committed. The male partner may
inflict physical injuries, or may cause asphyxia by strangulation or by
other means.

f. The female partner may die of shock as a result of extreme physical

and mental trauma in case of rape.

g. Hemorrhage.

h. Infection.

3. Death of both partners:

a. Almost simultaneous death of both partners during sexual

intercourse may be due to the performance of the sexual act in an
enclosed place with carbon monoxide or other asphyxiant gas.
 Examination of their respective blood will reveal the presence of
the gas incompatible with life.

b. Homicide – suicide pact.

SEX CRIMES

Criminological Characteristics:

1. It is one of the ancient and universal crimes. It existed since the dawn
of history. Although, considered a crime by almost all countries of the
world, society’s reaction to its repression depends on the moral value
and its gravity as a social problem.

2. There is a close physical contact between the offender and the

victim. Murder and homicide may be committed with the offender at a
distance from the victim. Estafa and many other crimes may be
committed even without the physical presence of the victim.

3. As a general rule, it is a crime committed by one sex against the

opposite sex.

4. Sex is an inborn instinct. Any person without sex desire is considered

abnormal. Satisfaction of the sexual instinct must be, in a way,
acceptable by the moral standard. What is punishable is the anti-social
means of attaining sexual gratification.

In other crimes, no man is normally born with such criminal

instinct. Murderers, defrauders, and other violators of the criminal law
are not inborn characters of individuals.

5. Except probably the crime of rape and forcible abduction, most of

the sex crimes do not belong to the so called conventional crimes.
Considering other sex acts as crime depends on the moral value existing
in a society. Seduction and consented abduction are considered as
crimes in the Philippines but not in other countries.

6. Many sex crimes are committed but not reported; if reported, not
investigated; if investigated, not prosecuted. This is on account of the
fact that undue publicity may be prejudicial to the reputation of the
victim.

7. It is a crime committed in strict privacy. If committed in public the

offender must be a mental deviate. Reliance must therefore be made
by the investigating officer or court on the testimony of the victim
corroborated by the medical findings.

8. Although it is more frequent among the lower socio-economic class

those who belong to the middle and upper classes are not immune in
the commission of the crime.

9. Unlike other crimes, pardon, forgiveness or marriage between the

offender and the victim will extinguish the criminal liability of the
offender.

10. There is a seasonal variation in the frequency of commission. It is

not the season that causes the variation but the social forces that may
be present in a specific season. The month of May, for example, has
more cases of sex offenses because Mayflower festivals, fiestas, picnics,
excursions, etc. are frequent during this month.

11. The severity of punishment does not deter its commission. Its
frequency has not been appreciably reduced by Martial law.
12. Its occasional consequence (pregnancy) becomes a legal problem,
e.g. support, abortion, legitimacy, unwanted child, inability to find a
means of livelihood, etc.

13. If the offender is of past middle age, usually the victims are
children. The primary reason is that old men will be ignored by elderly
women so they focus their attention on children who can easily be
enticed by candies or other things of value.

14. The psychic trauma suffered by the victims of sex crimes varies with
the moral standard of the victim. Women of the “Maria Clara” type
with morality of the Puritan Standard may inflict fatal or serious injuries
on the offender. Some may develop a feeling of worthlessness and as a
consequence, may lead to self-destruction, while others may be
mentally deranged. Others may have a strong belief in the machinery of
justice and file the complaint, but a great number of those who seek
justice later become amenable to an amicable settlement.

Other victims suffer from fear of unfavorable consequence, like

pregnancy, social degradation and maltreatment by parents and other
relatives.

When and How Rape is Committed – Penalties:

Rape is committed by having carnal knowledge of a woman under

any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious;

and
3. When the woman is under twelve years of age, even though neither
of the circumstances mentioned in the two next preceding paragraphs
shall be present:

 The crime of rape shall be punished by reclusion perpetua.

 Whenever the crime of rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.
 When by reason or on the occasion of rape, the victim
becomes insane, the penalty shall be death.
 When the rape is attempted or frustrated and homicide is
committed by reason or on the occasion thereof, the
penalty shall be likewise death.
 When the reason or on the occasion of the rape, a homicide
is committed, the penalty shall be death.

Elements of the crime:

1. The offender had carnal knowledge of the woman. The victim of the
crime must always be a woman while the offender must inferentially be
a man because sexual act must be done by a man and a woman.

2. The carnal relation must be made under any of the following

circumstances:

 Use of force or intimidation;

 The woman is deprived of her reason or otherwise made
unconscious; or
 The woman-victim is less than 12 years of age.

Meaning of Carnal Knowledge:

 Carnal knowledge is the act of the 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. It is not necessary that the vagina be entered or that
the hymen be ruptured.

For the consummation of the crime of rape, it is not necessary

that there is rupture of the hymen. It is enough that the labia of the
female organ was penetrated.

Slightest penetration is enough, proof of emission is not

necessary. The absence of spermatozoa in the vagina does not negate
the commission of the crime of rape.