I.

INTRODUCTION
A. LEGAL MEDICINE is that branch of medicine that applies, medical and surgical concepts, scientific
knowledge and skills to medico legal issues, in order to assist the trier of facts in the proper dispensation
of justice.
B. The father of legal medicine in the Philippines is Dr. Pedro P. Solis. His book o legal medicine was
copyrighted in 1987, contains the most extensive treatise and teachings in Philippine Legal Medicine.
C. LEGAL MEDICINE AND THE LEGAL SYSTEM
Courts routinely call upon physicians to give expert testimony I atrial, especially concerning the findings
of an autopsy and the results of laboratory tests.
a. Expert testimony- given by a physician who has been recognized by the court as having expert
knowledge about evidence in the case. An expert is a person who is qualified either, by actual
experience or by careful study, as to enable him to form a definite opinion of his own. The opinion of
an expert requires special knowledge, skill, experience or training which he is shown to possess,
maybe received in evidence. The question of who determines the qualifications of an expert witness
in legal medicine rests largely in the discretion of the trial court and the test of qualification depends
upon the subject matter and the fitness of the particular witness.
b. Ordinary testimony- is restricted to statements concerning what the witness actually saw or heard.
He is not allowed to express opinions about the case and quoting statements made by other people.
c. REQUISITES FOR THE ADMISSIBILITY OF EXPERT TESTIMONY:
1. The subject under examination must be one that requires that the court has the aid of knowledge
or experience such as men not especially skilled do not have, and such therefore as cannot be
obtained from the ordinary witnesses
2. The witness called to be an expert must possess the knowledge, skill or experience needed to
inform the court in the particular case under consideration.
3. Like the other evidences, expert testimony is not admissible as to a matter not in issue.
D. APPLICATION OF LEGAL MEDICINE TO LAW
1. Civil Law- legal medicine can be applied to the following:
- The determination and termination of civil personality
- The limitation or restriction of a natural person’s capacity to act
- Marriage and legal separation
- Paternity and filiation
- Testamentary capacity of a person making a will
- The right to hereditary succession
2. Criminal law- legal medicine can be applied to the following:
- Felonies and circumstances which affect crimjinal liability
- Civil liability ex delictu
- Crimes relative to opium and prohibited drugs
- Crimes against persons
- Crimes against chastity
- Crimes against civil status of persons
- Quasi offenses
3. Remedial law
- Physical and mental examination of a person
- Hospitalization of insane persons
4. Special laws
- Dangerous drug act
- Youth and child welfare act
- Sanitation code
- Insurance law
- Labor code
- Employee’s compensation law
5. CORPUS DELICTI- is the body or substance of the crime and is defined in its primary sense as the fact
that a crime actually has been committed.
6. QUANTUM OF PROOF
- Civil case, PREPONDERANCE OF EVIDENCE
- Criminal case, PROOF BEYOND REASONABLE DOUBT
- Administrative case, SUBSTANTIAL EVIDENCE
E. MEDICAL JURISPRUDENCE- branch of substantive law, dealing wth the professional medical relationship
of a physician towards his patients, in a physician patient professional contract. It includes the rights,
duties, obligations and liabilities of both physician and patient to each other in a physician patient
professional contract.
1. Acts constituting the practice of medicine:
 - To physically examine and diagnose a patient
- To physically examine and treat a patient
- To physically examine and perform surgery on a patient
- To physically examine and prescribe any remedy to a patient
2. NATURE OF THE PHYSICIAN PATIENT PROFESSIONAL RELATIONSHIP
- CONSENSUAL- based on mutual consent of both patient and physician. PHYSICIAN PATIENT
PROFESSIONAL RELATIONSHIP is a contract between two parties, there is a meeting of the
minds, between two persons whereby the physician binds himself to treat the patient for a
consideration which the latter binds himself to treat the patient for a consideration which the
latter binds himself to give.
- FIDUCIARY- one founded in trust, faith, and confidence reposed by one person in the integrity
and fidelity of another.
II. CIVIL PERSONALITY
a. Civil personality is merely an external manifestation of either juridical capacity or capacity to act. It
defined as an aptitude of being a subject the subject of rights and obligations.
b. Juridical capacity- the fitness to be the subject of legal relations
Capacity to act- power to do acts with legal effect.
- Restrictions on capacity to act: minority, insanity or imbecility, deaf-mute, civil interdiction
c. Person- any being, natural or artificial, capable of possessing legal rights and obligations.
- Natural persons, human being created by god through the persons
- Juridical persons, those created by law
- Two kinds of children:
1. Ordinary- with an intra- uterine life of at least 7 months (Child must be alive upon the
separation of the mother’s womb)
2. Extraordinary- if the intra-uterine life is less than 7 months. (child must live for at least 24
hours after its delivery for it to be considered born)
- A conceived child may be a recipient of donation and may be acknowledged even before it is born
provided that he must be alive upon separation of mother’s womb if ordinary child or he must
live at least 24 hours if extraordinary child.
III. PATERNITY (civil status of the mother/father to the child) AND FILIATION (status of the relationship
of the child to the mother/father.
A. KINDS OF FILIATION CHILDREN (FOR PURPOSES OF SUCCESSIONAL RIGHTS)
1. Legitimate- children conceived or born during a valid marriage of the parents
2. Illegitimate- children conceived and born outside a valid marriage are illegitimate.
3. Legitimated- child who is born prior to the marriage of the parents provided that parents must have
no legal impediment to marry each other at the time of the conception of the child
B. PROOF OF FILIATION OR EVIDENCE OF PATERNITY AND FILIATION
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
C. PRESUMPTION OF LEGITIMACY (HE WHO ALLEGES MUST PROVE)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases,
the heirs shall have a period of five years within which to institute the action.
D.GROUNDS TO IMPUGN OR QUESTION LEGITIMACY OF THE CHILD
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the
first 120 days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was
not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of
the husband, except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue
influence. (255a)
 E. STATUS OF CHILD BORN AFTER TERMINATION OF MARRIAGE
Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rules shall govern in the absence of proof to
the contrary: (A WOMAN MUST MARRY AFTER THE 300 DAYS OF THE TERMINATION OF THE
MARRIAGE. IF OVER 300 DAYS, NO MORE PRESUMPTION, WHOEVER ALLEGES MUST PROVE)
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is
considered to have been conceived during the former marriage, provided it be born within three hundred
days after the termination of the former marriage; (LEGITIMATE CHILD IN THE FORMER MARRIAGE)
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is
considered to have been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage. (LEGITIMATE CHILD IN THE SECOND
MARRIAGE)
F. METHOD OF PROCREATION
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that
of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument executed and signed by them
before the birth of the child. The instrument shall be recorded in the civil registry together with the birth
certificate of the child. (55a, 258a)

IV. DEATH
1. DEATH- is the complete cessation of all the vital functions of the body without possibility of
resuscitation. The ascertainment of death is medical and not a legal problem.
2. LEGAL PRESUMPTION OF DEATH- the presumption of death arising solely from unexplained absence
is distinguishable from circumstantial proof of death; thus, a passenger on an airplane that crashed
is considered to have died even if no remains can be recovered.
A. The following shall be considered dead for all purposes including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who
has not been heard of for four years since the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four years;

(3) A person who has been in danger of death under other circumstances and whose
existence has not been known for four years;

B. That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have
survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.

C. That if there is a doubt, as between two or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, they shall be considered to have died at the same
time. (5a)

3. MEDICO LEGAL INVESTIGATION OF DEATH

 Deaths which are not obviously due to natural causes, but are criminal, suspicious, accidental,
suicidal, murderous, homicidal, sudden and unexpected, or unexplained, need medico legal
investigation. If a body is found where no doctor has been in attendance, the police will either
investigate or report to the coroner or order authority. Any doctor may be called to confirm the fact
of death, and in many countries, this same doctor can issue a death certificate, if he is satisfied that
death is natural and not suspicious.

V.TRAUMA- trauma is the leading cause of death in the first four decades of life and the third leading cause of
death in all age groups today. Penetrating trauma particularly from handguns is becoming in nearly all
areas of the country and in rebel areas, high velocity firearms are the causes of violence
A. DEATH FORM TRAUMA HAS TRIMODIAL DISTRIBUTION:
1. Seconds to minutes of injury- due to injury to the brain, high spinal cord, heart, aorta and other
large vessels. These patients can rarely be salvaged
2. Minutes to few hours of injury (the golden hour)- these are due to subdural and epidural
hemetomas, pneumohemothorax, ruptured spleen, liver lacerations, pelvic or fermur fractures
or multiple injuries with significant blood loss. It is in the period that advanced trauma life
support (ATLS) technique are important.
3. Several days to weeks of injury- these are due to sepsis and organ failure.
B. CLASSIFICATIONS OF WOUNDS
1. AS TO LEGAL CLASSIFICATION
a. Revised Penal Code, Chapter 1- Destruction of Property
i. Article 246- PARRICIDE
ii. Article 247- DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
iii. Article 248- MURDER
iv. Article 249- HOMICIDE
v. Article 251- DEATH CAUSED IN A TUMULTUOUS AFFRAY
vi. Article 252- PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
vii. Article 253- GIVING ASSISTANCE TO SUICIDEQ
viii. Article 254- DISCHARGE OF FIREARMS
ix. Article 255- INFANTICIDE
x. Article 256- INTENTIONAL ABORTION
xi. Article 257- UNINTENTIONAL ABORTION
xii. Article 258- ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS
xiii. Article 259- ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES
xiv. Article 260- RESPONSIBILITY OF PATICIPANTS IN A DUEL
xv. Article 261- CHALLENGING TO A DUEL
b. Chapter 2- PHYSICAL INJURIES
i. Article 262- MUTILATION
ii. Article 263- SERIOUS PHYSICAL INJURIES
iii. Article 264- ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
iv. Article 265- LESS SERIOUS PHYSICAL INJURIES
v. Article 266- SLIGHT PHYSICAL INJURIES AND MALTREATMENT
c. Chapter 3- Rape
i. Article 266-A RAPE
2. AS TO DEPTH OF THE WOUND
a. Superficial- when the wound involves the structures beyond the layers of the skin
b. Deep- when the wound involves the structures beyond the layers of the skin
b.1 Penetrating- the wound enters the body but does not come out. Punctured, stab and
gunshot wounds usually belong to this type of wound
b.2 Perforating- there is a communication between the outside, inner and the outside. There
is both a point of entry and exit
3. AS TO MORTALITY
a. Deadly Wound- death results immediately, after the infliction of the wound, when there is severe
blood loss, or the heart, big vessels, brain and upper spinal cord, lungs, liver speen, kidneys are
injured. Deadly wounds though mortal, maybe prevented with prompt medical treatment.
b. Non-deadly wound- does not result to death immediately, after the wound is inflicted. A non-
deadly wound ma cause death later, due to complications.
4. AS TO THE WOUNDING INSTRUMENTS
 a. sharp instruments- a sharp edged instrument produces an incised wound (blade), a sharp edged
pointed instrument produces a punctured wound (ice pick), and a sharp edge and a sharp
pointed instrument produces stab wound (dagger or kitchen knife)
b. blunt instruments- a block wood or iron, etc. produces contusion, hematoma, abrasion, lacerated
wound, when used to strike, attack, wound, beat or assault another.
5. AS TO THE CONSEQUENTIAL INJURY AFTER THE APPLICATION OF FORCE
a. Coup injury- the consequential injury is found at the site of the application of force
b. Coup centre coup injury- the consequential injury is found at the site of the application of the force
and also opposite the site of application.
c. Contre coup injury- the consequential injury is found opposite the site at the application of the
force
d. Locus minoris Resistencia- the consequential injury is located only at a site offering least resistance
to the force applied
e. Extensive Injury- the consequential injury, involves a bigger area of the body, than what was
expected.
6. AS TO THE INTEGRITY OF THE SKIN:
a. Closed wounds- persons no break in the integrity or continuity of the skin. There may be only outward
manifestations of injury internally
1. PETACHIAE- a circumscribed extravasation of blood in the subcutaneous tissues due to
destruction or increased permeability of the capillaries.
2. CONTUSION- effusion of blood into the tissue underneath the skin as a result of a blunt force.
3. HEMATOMA- extravasation or effusion of blood in a newly formed cavity underneath the skin
4. BLUNT INJURY- there is no external signs of injury, the serious damage is found internally
5. MUSCULOSKELETAL INJURIES
- sprain- partial or completely disruption in the joint
-dislocation- complete displacement of a joint
- fracture break in the continuity of a bone
- subluxation- partial dislocation of a joint
- strain- overstretching of a muscle
6. CEREBRAL CONCUSSION- there is a brief loss of consciousness and sometimes memory after a
head injury that doesn’t cause physical cause obvious physical damage
7. CEREBRAL CONTUSION- They are bruises to the brain, usually caused by direct, strong blow
to the head.
b. Open Wounds- there is a break in the continuity of the skin
b.1 ABRASION
b.2 BRUISE
b.3 INCISED WOUND
b.4 STAB WOUND
b.5 PUNCTURED WOUND
b.6 PERFORATING WOUND
b.7 LACERATED WOUND
b.8 BITES
b.9 GUNSHOT WOUNDS
c. GUNSHOT WOUND CHARACTERISTICS OF THE DIFFERENT DISTANCE FIRE:
1. Firm contact fire- commonly observed on the head characterized by the ff:
i. the wound of entrance is large frequently star shaped
ii. Edged of the wound maybe everted
iii. Entrance wound is blackened by burns, tattooing and smudging
iv. muzzle imprint
v.The bullet may cause a radiating fracture
vi. Fragments of lead and bullet maybe found
2.LOOSE CONTRACT FIRE
i. entrance wound maybe large circular or oval depending upon the angle of approach
ii. abrasion collar or ring is different
iii.Smudging, burning and tattooing are prominent with singeing of the hair
iv. Muzzle imprint maybe seen
v.There is blackening of the bullet tract to certain depth
3. SHORT RANGE FIRE
i. entrance would show inverted edges
ii. if within the flame reach, which is less than 3 inches in ordinary handguns, there is an area
of burning
iii. smudging is present due to smoke
 iv. powder tattooing is present
v.presence of an abrasion ring or collar
4. MEDIUM RANGE FIRE
i. gunshot wound with inverted edges and with abrasion collar is present
ii. no burning effects
iii.smudging maybe present if less than than 30 cm.
iv. gunpowder tattooing is present with a wider area of distribution
v. contact ring is present
5. FAR DISTANCE FIRE
i. circular gunshot wound with abrasion collar
ii. no burning,smudging tattooing
iii. a contact ring is present
d. DISTINCTION BETWEEN GUNSHOT WOUNDS OF ENTRANCE AND EXIT:

ENTRANCE EXIT
Smaller than the missile due to elasticity of tissues Always bigger than missile
Edges are inverted Everted edges
Oval or round depending upon angle of approach of
No definite shape
bullet
Contusion collar or contract ring is present due to
Absent
invagination of the skin
Tattooing or smudging maybe present when firing is
Always absent
near
Underlying tissues do not protrude beyond the skin Protrusion maybe seen

e. TESTS FOR THE PRESENCE OF POWDER RESIDUES:

1. Paraffin tests or Dermal Nitrate Test- present on the skin of the hand dorsum or site of the wound of entrance. The
test usually gives a positive result even after a lapse of three days or even if hands are subjected to ordinary washing
2. Use of Scanning Electron Microscope with a linked X-ray analyzer- more specific but seldom used because the
instrument is expensive
f. SPECIAL TYPES OF WOUNDS
1. Assailant’s wounds-
2. defense’ wounds
3. victim’s wounds
4. self-inflicted wounds
5. homicidal wounds
6. accidental wounds
7. suicidal wounds