FOURTH MONTH

*Bones used to determine sex: pelvis, skull, sternum, humerus, femur

MAGNUS TEST- place ligature around the base

of the finger
ICARD TEST- subcutaneous injection of
flourecein
HEAT APPLICATION- apply heated material to
the skin

Hermin crystals test/ teichmann's blood crystals - best microchemical test

Acid phosphatase - conclusive to presence of semen

Berberio's - to determine spermatic secretion
Florence - presumptive evidence of seminal fluid
Precipitin or Biological Test of Farnum - whether blood is of human origin or not
Latent - not visible after impression but after application of substances
Poroscopy - the
Visible - visible without treatment
study of pores on
the papillary of
friction ridges of the
skin for the purpose
of identification
Dactyloscopy - art of
comparing
fingerprints for
identification

*Caucasian - prominent sharp nose

*Malayan - flat nose with round face
*Mongolian - almond eyes and prominent cheek bones

*Characteristics NOT easily changed - speech, gait and mannerisms;

hands and feet, color of skin, facial features, facies, handedness, degree
of nutrition, physical deformities
*easily changed - growth of hair, apparel, frequent place of visit, personal
belongings, grade of profession, body ornamentation

*Hemin crystals test/ teichmann's blood crystals - best microchemical test

*Benzidine - positive test is not conclusive
*Takayama - positive for substance containing hemoglobin
 *Though a Benzidine test, if positive, is not
conclusive if the stain is blood or not, it is still the
only test among the choices with such purpose.
poroscopy - pores of *The other choices (Marquis, van Urk, Zwikker)
fingerprints; dactilography - are tests for the presence of dangerous drugs.
recording fingerprints *Marquis - opium and amphetamine
*Dactyloscopy - identification *Zwikkers - barbiturates
by comparison *Van Urk - LSD
*The answer may be B
Accdg to Solis (Legal
Medicine p.51) -
"Moles-ordinarily
permanent but can be
removed by
electrolysis, radium,
or cabon dioxide
snow". Surgery is not
Icard's test - a test to determine peripheral circulation ;
included in the
teichmann's test - Hemin Crystal;
statement.
Schombein's test - Van Dean Test;
*Correct statements -
Benzidine - all are tests for determination if a stain is blood or not
A, C, D (as stated
verbatim in Solis)
*Adolescent - hair is long, wiry, thick
Older person - color is white or gray, with marked
absorption of pigments and degenerative changes

the distance from the base of the skull to the coccyx which is 44% of the height;
the distance between the supra-sternal notch and the pubic symphysis which is 1/3 of the height;
length of the vertex of the skull to the pubic symphysis times 2
 Facies Leonine - in leprosy, elephantiases;
Myxedemic Facies - edematous swelling/not pitting
Mongolian facies - almond eyes, pale complexion, prominence of cheek bones

*FLOGGING SCAR - flogging produces scars that are fine white lines
diagonally across the back with depressed small spot at intervals
*Scars that are irregular in shape, furrowed with edges hardened and
*Bones used to determine
uneven pertain to TUBERCULOSIS SINUS SCAR
sex: pelvis, skull, sternum,
The correct description for a gunshot wound scar is disc-like,
humerus, femur
depressed at center and may be adherent to the underlying tissue.
The rest of the choices match the correct description.

*Bertillon system - uses anthropometrics as a means of

identification
Rogue's gallery or photographic file - photos of wanted or
missing persons for comparison with sketches

confirm identity - anytime;

settling succession to an estate - for
purpose of opening succession 10 years
disappearance
 Winslow's test - mercury movement

or precipitin test
*Ganguli's method - best way to stain
spermatozoa in India
Berberio - specific for spermatic fluid
Puramen reaction - very reliable and characteristic
of seminal fluid

must be legal spouse to be charge of parricide

admission - as to the fact but not guilt

or instantaneous rigor
*Rigor mortis, death stiffening and cadaveric rigidity
all pertain to the same thing

*Immediate cause is also known as primary

cause of death.
Proximate OR secondary cause of death is when
an injury or disease was survived for a
sufficiently prolonged interval which permitted
development of serious sequelae

- external only

*Magnus test - a ligature is tied around the base of

the finger. If there's no change in color -> person is
dead
 Permit to disinter after 5 years of burial - those who died of
dangerous communicable disease
After 3 years - those who died of nondangerous
or algor mortis communicable disease
Anytime - if with special permit, as long as person did not die
of dangerous communicable disease
As per SANITATION CODE PD 856

liver/kidney/bone

Fatal: 1-2
Average: 2-5

Other examples of anoxic death - Obstruction of airway, paralysis of respiratory center,

shunting of blood from right to left side of the heart
Anemic anoxic - severe hemorrhage, poisoning (eg CO), low Hgb
Stagnant anoxic - heart failure, shock, arterial/venous obstruction
Histotoxic anoxic - cyanide, alcohol

*Post mortem caloricity is the rise of temperature of the body after

death due to rapid and early putrefactive changes or some internal
changes

(middle age, asphyxia, acute pyrexial disease ) - delays

*Other factors that delay cooling - sudden death, obesity, clothing,
small room, warm surroundings
*Other factors that hasten cooling - extreme age, long standing illness,
chronic pyrexial disease, unclothed body, being in a large room, water

Muscular irritability is also known as primary flaccidity

*Order of muscular changes after death:
1. Primary flaccidity
2. Post-mortem rigidity/cadaveric rigidity/rigor mortis
3. Secondary flaccidity
*Organs which putrefy early - brain, lining of the trachea and larynx, stomach,
intestines, spleen, liver, pregnant or puerperal uterus
Putrefy late - esophagus, diaphragm, heart, lungs, kidneys, urinary bladder, non
gravid uterus, prostate gland
SANITATION CODE
*Exceptions: if it is still a matter of legal investigation, if embalmed, if
permitted by local authorities
*If person died of communicable disease - must be buried within 12 hours

Answer may be C
*Accdg to Code of Sanitation, an autopsy shall be
performed when:
a. Required by special laws
b. Upon order of a competent court, a mayor, a provincial
or city fiscal (NOT provincial hospital medical director)
c. Upon written request of police (NOT verbal)
d. deemed necessary by the solicitor general, provincial or
city fiscal
e. the nearest kin shall request in writing (NOT any relative)
 *The ff manner of death should be
autopsied:
- death by violence
- accidental death
- suicides
- sudden death of persons in apparent
good health
- death unattended by physician
- death wherein MD is not able to arrive
at a clinical dx as to the cause of death
- death occuring in an unnatural manner
*Washerwoman's hands is not diagnostic of death due to
drowning, but only proves that the body has been in water
for some time

or instantaneous rigor

or algor mortis

*For a dying declaration to be

valid, in addition to the other
correct choices, the declarant
should be the victim with regards
to the declaration he/she is
making

*Kinds of post-mortem lividity:

1. Hypostatic - early stage; blood is still fluid within
the blood vessels; any change in position of the
body leads to the formation of lividity in another
place
2. Diffusion - later stage; blood has coagulated;
change in position will NOT change location of
lividity
 or cadaveric lividity liver mortis post-mortem
hypastasis

*If there is no consent

of the patient, physician
is guilty of murder

infanticide - less than three days;

death struggle of muscles/ cadaveric rigidity

*Cadeveric RIGIDITY - rigor mortis is different from
Cadaveric SPASM - instantaneous rigor

*If person died of communicable disease - must be

buried within 12 hours

*Negligent death - due to reckless imprudence,

lack of foresight or skill

*Cadeveric RIGIDITY - rigor

mortis is different from
Cadaveric SPASM -
instantaneous rigor
 *The ff manner of death should be
autopsied:
- death by violence
- accidental death
- suicides
- sudden death of persons in apparent
good health
- death unattended by physician
- death wherein MD is not able to arrive
at a clinical dx as to the cause of death
- death occuring in an unnatural manner

*Other choices are bacteria which also participate in tissue destruction during decomposition

12-48 - tropics during colds;

12-36- tropics during summer;
48-72 temperate

- accidental somthering in children: OVERLAYING

*Inflammation and
reparative process is present
in ante-mortem wounds.

*Notation of all abnormal findings is done only in

pathologic autopsy. In medico-legal autopsy, emphasis
is on the effects of the wrongful act on the body.

- no disease
- with infectious disease

indication of struggle, other choices-signs of homicidal murder

 Putrefy FIRST:
ANSWER IS LUNGS: BLISSPuL
1.brain; 2.spleen; 3.liver; 4. lungs Brain
*Organs which putrefy early - brain, lining of the Larynx
trachea and larynx, stomach, intestines, spleen, Intestines
liver, pregnant or puerperal uterus Stomach
Putrefy late - esophagus, diaphragm, heart, lungs, Spleen
kidneys, urinary bladder, non gravid uterus, Pregnant Uterus
prostate gland Liver

Gettler's test - quantitative determination of the chloride content of blood in the left and right
ventricle of the heart.
fResh water - Right
saLt water - Left

BRAIN DEATH - electrical brain activity; for ORGAN DONATION

SOMATIC/CLINICAL - vital functions brain, heart, and lungs
MOLECULAR/CELLULAR - still with animal life in individual cells
APPARENT DEATH or STATE OF SUSPENDED ANIMATION

confirm clinical findings of a research-

hospital autopsy/non official autopsy;
confirm clinical diagnosis- hospital autopsy/
non official autopsy

*Corpus delicti - type of physical evidence; objects or substances which may be part of the body of
the crims; proves that the crime existed

Associative - links suspect to crime

Tracing - to find the suspect
 most prominent sign of death

firm - antemortem characteristics

*Other characteristics of post-mortem clot: stripped off in layers, BV remains smooth when
removed, (+) distinct layering

? Conflicting data from Solis (Legal

*Others who can sign the death certificate in
the absence of attending MD: municipal health
officer, municipal secretary or any councilor
- 48 hours with no disease
Medicine p.154):
- A person not heard from for 7 years
is presumed dead
- A person on board a lost sea vessel
or airplane, in the armed forces who
has taken part in war, or who has
been in danger of death shall be
presumed dead for all purposes after
4 years.
-A or B may be correct

early (brain, speen, liver)

*Organs which putrefy early - brain, lining of the trachea and larynx, stomach,
intestines, spleen, liver, pregnant or puerperal uterus
Putrefy late - esophagus, diaphragm, heart, lungs, kidneys, urinary bladder, non
gravid uterus, prostate gland
 *Order of muscular changes after death:
1. Primary flaccidity
2. Post-mortem rigidity/cadaveric rigidity/rigor mortis
3. Secondary flaccidity

or real evidence - evidence perceived by the senses

indication of struggle, other choices-signs of homicidal

murder
*Answer may be A
-it does not determine the exact time of death, but
merely gives an idea as to the time of death
-does not affect all parts of the body, only the
dependent parts
-development of color does not suggest injury, but the
color may indicate the cause of death

Answer should be D
-Documentation of irreversible coma (NOT reversible) should be done prior
to harvesting organs from a cadaver donor

*A or C
Tardieu spots (petechial hemorrhage) can also be
found in strangulation by ligature
 3 to 6 hours

*Murder - WITH
consideration of price,
reward or promise

RA 6425- importation for distribution of

prohibited drugs;
Dangerous Drug Act of 1972-
manufacture and transport of prohibited
drugs

Others who can sign the death certificate in

the absence of attending MD: municipal
mayor, municipal health officer, municipal
secretary or any councilor

* Answer should be A
*Direct fatal effects of
wounds: hemorrhage,
mechanical injuries to
vital organs, shock
*Indirect fatal effects:
secondary hemorrhage,
secondary shock,
scarring effect, infection
ARRESTO MENOR - 1 day to 30 days
ARRESTO MAYOR - 1 month and 1 day to 6 months
PRISION CORRECTIONAL and DESTIERRO - 6 months and 1 day to 6 years
PRISION MAYOR - 6 years and 1 day to 12 years
RECLUSION TEMPORAL - 12 years and 1 day to 20 years
RECLUSION PERPETUA
 *Post mortem wound - no
clotting, venous bleeding, no
spouting of blood, edges not
deeply stained, wound does
not gape unless within 1-2
hrs of death, no inflammation
or reparative process
Opposite is true for ante-
mortem wound
kinetic energy of bullet

*Answer should be B
Fragmentation or disintegration of the
bullet causes more shocking or
knockdown power

emphysema-extended like balloons; edema

aquasum- doughy lungs *In dorwning:-Chloride
content is greater in the
Left side of the heart in
salt water, greater in the
right if in fresh water-
washerwoman's hands
and feet - does not prove
that drowning is the
cause of death, but only
that the body has been in
due to blood accumulation in the face water for some time-
Physical injuries - may be
present
burking- kneel/sit on the chest while the hands close the nostrils/mouth

anoxic - failure of blood to be saturated O₂;

anemic anoxic -decrease capacity of the blood to carry O₂;
stagnant anoxic - failure of circulation

shock - stagnant anoxic;

carbon monoxide poisoning & cyanide poisoning - histotoxic
 or plastic bag suffocation

emphysema aquosum - lungs distended

like balloons; respiration de surprise -
one deep inspiration when mouth/nose
covered with fluid
*Answer is D
*Direct fatal effects of wounds: hemorrhage,
mechanical injuries to vital organs, shock
*Indirect fatal effects: secondary hemorrhage,
secondary shock, scarring effect, infection

2-4 days(red/purple);
14-15 days (gradually disappear);
7-10 days (yellow)

*Answer should be B
Revolver - cylindrical magazine at the rear of the barrel,
which can accommodate 5 or 6 cartridges
Automatic pistol - cartridge in a vertical magazine which
holds 6 to 7 cartridges

PRIMER = lead, barium, antimony

or peppering; soot-smudging/smoke blackening

*Tattooing = stippling = peppering
 *Contraction of the elastic tissues make the
entrance wound SMALLER than the caliber
*Other factor which make entrance wound
smaller: fragmentation of the bullet

tattoing, rifling, smudging - products of

combustion

*Paraffin test is negative in an exit wound

locus minoris resistencia- least resistant area;

coup-same side of force;
contre-coup - opposite side;
coup contre-coup - both sides
 due to scar
1. Mutilation
2. Serious Physical
3. Less Serious
4. Slight Physical
5. Physical Injuries Inflicted in an tumultuous Affair

bigger-hacking/incised; break-fracture

Serrated edges or zigzag appearance indicate several

stabbing acts (series of thrusts and withdrawals)

paraffin test/dermal nitrate test - dorsum of the hand

 (serious physical injuries & less serious physical
injuries)-reportable PD169

Primary Impact - person with vehicle

Secondary Impact - person with pavement

4th degree burns - formation of slough and ulceration;

6th degree burns - charring of the limb involving bone and organs
 *Primary impact - pedestrian to motor vehicle
Secondary impact - subsequent impact of the pedestrian to the ground

*Subluxation - incomplete or partial dislocation

Strain - overstretching or rupture of a muscle which may not be associated with a joint
 superficial wound-layers of the skin;
deep wound -perforating, penetrating beyond the layers of the skin

*The correct statement is the

color changes from red to reddish
brown, NOT bright scarlet

*Women can withstand starvation longer

because of more adipose

- only LEWD DESIGN

 statutory rape less than 12 years old
*There is rape when there is canal knowledge under
the ff circumstances:
-use of force or intimidation
-woman is deprived of reason or unconscious
-woman is less than 12 years old (as in this case)
*Qualified seduction usually applies to intercourse
with a virgin over 12 but under 18
However, the woman need not be a virgin or may be
over 18 if there is blood relationship, making this an
incestuous type of qualified seduction.

*Girl is a virgin and 16 years old, had

sexual intercourse with her teacher
(person of authority)

*Acts considered lascivious: embracing, kissing, or fondling a woman's breast;

placing man's genitals over a woman's; compelling the woman to take off her
clothes; insertion of fingers in the private part of the victim

masochism or passive algolagmia, sadism or active algolagnia

*Irrumation - fellatio
Buggery - another term for sodomy
Bestiality - sexual gratification through intercourse with animals

*As opposed to transvestite - psychic identification with opposite sex;

only goes so far as to dress in the apparel of the opposite sex
Intersexual - genetic defect; intermingling characteristics of both sexes
 aka BESTIALITY

*There is rape when there is canal knowledge under

the ff circumstances:
-use of force or intimidation
-woman is deprived of reason or unconscious (feeble
minded in this case)
-woman is less than 12 years old

*Deep laceration - beyond

half the width, but NOT
reaching the base
Complete - whole width
but not beyond the base
Compound/complicated -
involves the hymen and
surrounding tissues

many opinions but letter D maybe the best answer

*Accdg to Solis (Legal Medicine p. 604), consent of
the wife is necessary to avoid being held liable for
an assault.

*Deep laceration - beyond half the width, but NOT reaching the base
Complete - whole width but not beyond the base
Compound/complicated - involves the hymen and surrounding tissues
 bestiality- engage sexual intercourse with an animal;
necrophilic - be near the dead body for sexual gratification;
narcissism - obtain sexual gratification by gazing at himself
at the mirror

*False physical virginity - hymen is unruptured but admits 2 or more fingers

Virgo intacta - no structural changes in her organ to infer previous sexual intercourse

*Impotency - physical incapacity of either sex to grant the other legitimate sexual satisfaction

*Under RA 8353, Rape has been reclassified as a

Crime against persons, and not anymore as a
Crime against chastity.
 *There is rape when there is canal knowledge (even the
slightest penetration) under the ff circumstances:
-use of force or intimidation
-woman is deprived of reason or unconscious
-woman is less than 12 years old
Ejaculation is not an essential component

demi virginity - permits all forms of sexual liberties except rupturing hymen by sexual act;
false physical virginity - hymen unruptured but orifice admit 2 or 3 fingers;
true physical virginity - hymen intact barely admits tip of finger

*Fodere/Hydrostatic test - determine whether respiration took place

after birth; lungs are immersed in water and floats if breathing has
taken place
Breslau/Flotation test - if organs (stomach/intestines) float on water,
breathing has taken place
 Assisted by the parent - PRISION CORRECIONAL
Assisted by the doctor - PRISION MAYOR
Sepsis - RECLUSION TEMPORAL

*Other grounds: renal conditions, ADVANCED TB, severe anemia, gyne

conditions, diabetes, hereditary conditions such as insanity

*(+) crepitations in an expanded lung

*Immediate untoward effects of abortion: shock, hemorrhage and anemia,

embolism, infection, poisoning, vagal inhibition, perforation of the organs
*Delayed - infection, fistula formation, sterilitiy, pelvic adhesion
 UNINTENTIONAL ABORTION is still punishable by PRISION CORRECIONAL

*Missed - maceration or absorption of products of conception

Threatened - (+) hemorrhage, (-) dilatation of intenal os
Inevitable - (+) hemorrhage (+) dilatation of internal os (+) rhythmical pain
Incomplete - not all products of conception has been expelled
Complete - whole product has been expelled
 *Immediate untoward effects of abortion: shock, hemorrhage and anemia, embolism,
infection, poisoning, vagal inhibition, perforation of the organs
*Delayed - infection, fistula formation, sterilitiy, pelvic adhesion

*Accdg to Solis (p.581) it lasts up to the 7th day

*also known as Fodere test

RA 7610 - ANTI CHILD ABUSE LAW

RA 9262 - VIOLENCE AGAINST WOMEN AND CHILDREN
RA 8353 - ANTI RAPE LAW

*C (intermittent child abuser) is also correct

*Causes of sexual dissatisfaction after marital union: fear of consequence of repeated
abortion, fear of unwanted pregnancy, faulty contraceptive methods, dyspareunia, fear
of coitus, emotional frustration due to fertility, ignorance of the reproductive process
and genital anatomy, frigidity, no sex desire, anatomic causes, disparity in age,
venereal disease, masturbation preferred to coitus, infidelity

no ground for nullity

*Stroke happened 2 days after
contracting marriage, and not at the
time of or before marriage.

*Adultery - committed by a WOMAN when she has intercourse with a man NOT
her husband, and the man KNOWS her to be married
 up to first cousin
*The other choices are also
marriages void from the
beginning but not incestuous

void from the start but the court has to declare

As far as Philippine laws

RPC Art. 333-334

*Adultery because the man is single and has intercourse with
a woman he knows to be married
*It is concubinage if the man is the one married
*Causes of sexual dissatisfaction
after marital union: fear of
consequence of repeated
abortion, fear of unwanted
pregnancy, faulty contraceptive
methods, dyspareunia, fear of
coitus, emotional frustration
due to fertility, ignorance of the
reproductive process and
genital anatomy, frigidity, no
sex desire, anatomic causes,
disparity in age, venereal
both are unmarried disease, masturbation preferred
to coitus, infidelity

the woman concealed a pregnancy of another man, consent of

the man was by threat, consent of the woman was taken by
fraud) - FAMILY CODE

* Answer may be D
*Accdg to Solis (Legal Medicine p. 604), consent of the wife is
necessary to avoid being held liable for an assault.
 due to filiation
*Even if the baby is just a day old, the crime is still parricide, not infanticide,
because the killer is the father of the victim
after 1988 - (legitimate or illegitimate); before
1988 - (natural children, adulterous children,
spurious children)

*Legitimate if born AFTER 180 days following marriage, or within 300

days after its dissolution

*Correct answer is still B, presumed illegitimate

because of ethnic reasons, based on Solis (p.592)

Correct Asnwer is B
 kills a common-law wife - homicide or murder; if
father/mother/son either legitimate or illegitimate,
other descendants/ascendants must be legitimate -
parricide

*Because child was born after 180

days from the marriage

*answer should be B
It is true that the child must be
acknowledged by both parents
before marriage, and not just
by the father, making choice B
the incorrect statement and
therefore the answer

*answer should be B
p.597 Solis
*Natural children by legal fiction
are those born of void
marriages, such as in this case

*Answer is C
A person may be impotent but not sterile, or
sterile but not impotent, although both may
exist at the same time (Solis, p. 620)

C. as evidence in defense of an alleged father in

a paternity suit
 B. His imprisonment should be deferred
until he recovers

0-20 (idiot-<2yo IQ); Profound

20-40 (imbecile- 2-7yo IQ); Severe
40-70 (feebleminded/moron- 7-12yo IQ; Moderate
70-80 (borderline deficiency) Mild

*Hallucination - no external stimulus

Obsession - continually occurring thoughts and impulses
Delusion - false or erroneous belief in something which is not a fact

0-20 (idiot-<2yo IQ);

20-40 (imbecile- 2-7yo IQ);
40-70 (feebleminded/moron- 7-12yo IQ;
70-80 (borderline deficiency)

100 - normal/average;
100-120 - superior intelligence
120-140 - very superior intelligence
exempting circumstances

*Correct answer is A, delusion of reference

Persecution - one is being persecuted, poisoned, etc.
Nihilistic - there is no world, one does not exist, his body is dead
Self-accusation - false belief to have committed a crime or hurt the feelings of others

heliophobia- sun; bibliophobia - books

*semisomnolence or somnolencia - half asleep

delirium - confusion of the mind
 LEAD - SATURNINE GOUT

400mg% - anesthetic level/ complete unconciousness;

100mg% - loss of critical judgement;
20mg% - feeling of well-being (p.695 Solis)

*Consumption tolerance - a person who has developed

tolerance has less percentage of blood alcohol as
compared to another person who is not used to it,
when given the same quantity. Faster elimination in
habituated drinkers.
 10 MG - all other drugs
Punishment: RECLUSION PERTPETUA
50 MG - metampphetamine
Less than these amounts: RECLUSION TEMPORAL
500 MG - marijuan
10 MG - marijuana resin oil

*"Pearly gates" refer to morning glory

*Answer is D
Aconite - neural depressant
Camphor and digitalis - cardiac depressants

enzymatic method -
body fluids
*Correct answer is A. Methyl alcohol

*Correct answer is A. Pathological

drunkenness
- a small amount is sufficient to make a
person drunk on account of an existing
pathological condition
Punch drunkenness - not a condition of
drunkenness; observed among boxers
on account of repeated trauma to the
head

? (all choices are somehow correct)

*Answer may also be B
"Statements taken from the subject while
under the influence of truth serum are
evolutionarily obtained hence they are
not admissible in court."
 *Other techniques:
*Emotional appeal - interrogator creates a mood conducive to confession
*Mutt and Jeff technique - 2 interrogators; one (Mutt) is arrogant and relentless and the other
(Jeff) is friendly, sympathetic and kind
*Stern approach - interrogator utilizes harsh language; questions must be answered clearly

*Corpus delicti - proves that the crime existed (eg

body of victim, dagger with blood and prints)
*Tracing evidence - used in locating the suspect (eg
aircraft or ship manifest)
*associative evidence - links suspect to the crime
*Deposition - type of documentary evidence;
written record given verbally and transcribed

"The physician must produce

the statement taken and not to
judge by himself the relevant
points and its admissibility. It is
the court which will decide on
this matter."

*Physician need NOT comply if place of

residence is >50 km (or 100 km accdg to Dr.
Abet) from the court issuing the subpoena

• Privileged communication can only be claimed in

CIVIL cases but NOT in any criminal proceedings

physical evidence: corpus delicti, associative,tracing; kinds of evidence: direct-

proves fact in dispute without any aid of influence; circumstancial - maybe
infered, probable consequences
*Corpus delicti- objects or substances which may be a part of the body of the
crime (eg. dagger with blood stains or fingerprints of suspect - verbatim in
Solis Legal Med p. 16)
 ordinary witness-personal knowledge;
expert witness-deduction/inference

*Direct contempt - misbehavior in the presence of or near a

court or judge

ANSWER:
B. He will be arrested to compel his
appearance
drug case - criminal case mandatory
in civil cases; choice D. in criminal cases

training, non training, employed; no

qualification, thus, residents (moonlighters)
are deemed ostensible agents of the
hospital, thus vicarious

by virtue of Presidential Decree 169

 BME is no longer existent College of
Medicine is now under CHED…see
Sec. 3 Medical Act 1959
*Correct answer is still B if we're
going to base it on Solis

*Answer is A
COR is also not required of the ff in addition
to choice A:
-MDs from other countries called in
consultation only in specific and definite
to regulate; B. to take properties cases (NOT all cases in any hospital)
-Foreign MDs employed as exchange
professorsin special branches of medicine or
surgery
-Medical students who have completed the
first 4 years of med school may be given
B. Should be natural born
limited authorization by Sec of Health
citizen ; C. 10 years
during epidemics or national emergencies

A. must be conviction,
not just in trial; C. must
be declared of unsound
mind, not appears to be
only

A. Civil/Criminal; B.
Criminal; C. for
hospitals
 ANSWER IS C
A. symbolic; C. actual oath

A. medical school; D. medical school, no longer existent

CHED - now; BME - before; dilemma question book of Solis;

answer now is letter A

must be 21 years old

 incidental only
*Inherent rights - to choose patients
(except in emergency); to limit
practice, determine appropriate
management and procedures; avail of
hospital services
*Incidental rights - right of way;
exemption of execution of
instruments and library; hold certain
public or private offices;
compensation; membership in
medical societies
A. different subject; D. forensic legal

sec. 10 for C, MA 1959*Affixing MD after one's name is

considered practice of medicine, hence one who does it
without being a graduate of medicine is illegally practicing
medicine

choices B,C,D - incidental

*Inherent rights - to choose patients (except in emergency); to limit practice,
determine appropriate management and procedures; avail of hospital services
*Incidental rights - right of way; exemption of execution of instruments and library;
hold certain public or private offices; compensation; membership in medical societies

extrajudicial or judicial means to recover

 constitutional right
of religion

C. only during epidemic catastrophe

non emergency; choices B,C,D are emergency cases,

doctors may not be able to invoke right of Religion

*Other choices are examples of quantitative

overtreatment
*Other examples of qualitative overtreatment:
performing CS for an uncomplicated pregnancy;
application of cast without justifiable reason

*Answer may be B, because

the beautician prescribes
remedies, which is considered
practice of medicine

A. In malpractice, offender is a duly registered MD

naprapathist- by manipulation on the assumption that all ailments are due to something
wrong with the ligaments;
neuropathist- regulating blood supply thru nerve mechanism above the affected area;
masseuse- by hand or mechanical means

unethical; choice B- unethical; choice C&D-ethical

*Contingent fee - fee depends upon the success or
failure of the treatment. It's not explicitly stated in
Solis whether this type of fee is ethical or not.
based on services rendered
reasonable

(medical officers of law enforcement agencies,

health officers of local health departments,
medical staff members of accredited
hospitals)-all are authorized

graduation confers the MD rank

 Concept of RECIPROCITY

wrong question - foreigners

can have limited practice if
they get an endorsement
from the Board of Medicine;
reciprocity vs endorsement

this is a limitation provided

by LAW

referral fee is a type of fee splitting

sec. 11 MA1959 Exemptions to sec. 10

*Administering a household remedy is
not considered a practice of medicine
 *Answer may be A, since Man is
prescribing a remedy (the special
cancer diet).

no doctor's-patient relation -
physician appointed by trial courts
to examine and accused, autopsy
examinations, in casual
consultations during conferences
*There's a relationship because
MD gave a prescription

MD-Patient relationship does not imply any promise

of the ff:
- that treatment will be successful
- that treatment will benefit the patient
- that treatment will produce certain result
- that treatment will not harm the patient
- that MD will not commit errors in an honest way
 (or fiduciary; mutual consent-
consensual) - nature of MD-Px
relationship

mutual participation - OPD set up;

guidance-cooperation - admitted px is
coherent
*Active-passive since patient is unconscious
*Termination of physician patient
relationship:
1. Recovery of patient
2. Withdrawal of MD provided that
patient consented and given ample time
to look for another MD
3. Discharge of the MD by the patient
4. Death of patient
5. Death or incapacity of MD
6. Fulfilment of obligations stipulated in
the contract
7. In cases of emergency, when the
attending MD/ MD of choice of patient is
available; or when there is cessation of
the condition of emergency
8. Expiration of the period, if the contract
of the medical service is for a specific
period
9. Mutual agreement between the MD
and patient that the MD-patient
relationship is terminated

but the lawyer cannot

testify based on client
relation
*Privileged
communication
cannot be claimed in
criminal cases

*Patient should give consent and be given ample time

to look for another MD
 statutory privileged
communication

*NO physician-patient relationship in the ff:

• Pre-employment PE
• PE for the purpose of determining eligibility for insurance
• When MD is appointed by a trial court to examine the accused
and to report whether the accused was insane
• Surgeon performing an autopsy and the body of a dead person
• Casual questions asked in an unordinary place (eg: reunions
Not considered a dying declaration, because the declarant in this case
was not the victim (it was his wife)
NUMBER 452: when disclosure of information will serve public only
*Answer is A
• MD should guard with sacred trust anything that is private in nature or
confidential that he may discover or may be communicated to him with his
patients even after their death except when it’s required in the interest of
public health, justice and public safety (not private)
• Privileged communication can only be claimed in CIVIL cases but NOT in
any criminal proceedings
 right to treatment and right to refuse
except mandated by law

if it is a civil case, order from the court required; criminal case, in the
interest of justice, the lawyer has no personality

NUMBER 461: Answe is C: act of religion

*Answer may be A
Accdg to Solis, when minors are suffering from a condition which requires
immediate treatment which is not acceptable to the parents on account of
religious belief, it is recommended that a petition be filed in court to issue an
order compelling the parents to agree, or to divest them of authority and
place the child in a welfare institution or under a guardian.

*Sanctions:
-Administrative - reprimand,
suspension, revocation
-Criminal - imprisonment/fine
-Civil - damages
*Civil - preponderance of evidence
Administrative - substantial evidence
 no servant was borrowed, vicarious liability doctrine is the one applicable; the answer
should be vicarious
*Accdg to Dr. Rebosa, since the nurse is employed by the physician, and not merely
temporarily under his supervision, then the doctrine applicable would be vicarious
liability, instead of borrowed servant.

resident physician & surgeon are both civilly liable; resident

physician is criminally liable
both administratively & criminally

Libel if defamatory statements are written/

printed

nominal right was violated; liquidated-

contractual/agreed upon; exemplary- to
serve as example, to defer
 civil liability - damages;
criminal liability -
imprisonment/fine

ANSWER IS B
indirect contempt - 1 to 6 months; direct - not more than 10 days

penal; (immorality, addiction to alcohol, unethical

advertisement)- ethical
*Sanctions:
-Administrative - reprimand,
suspension, revocation
-Criminal - imprisonment/fine
-Civil - damages

ANSWER IS C
failure to obey orders of court;
direct contempt of the court - inside
or near premises of the court
 Res ipsa loquitor - radiologist only; radiologist - ostensible agent type of
vicarious- vicarious if hospital is being asked; better answer letter C.

Recidivist - repeat offenders

*Correct answer is A, according to Solis
 must be a crime of moral turpitude
*Immoral or dishonorable conduct is
classified under Personal Disqualification
as a ground for suspension/revocation
*Violation of the Code of Ethics, and
False or extravagant advertisement is
classified under Unprofessional Conduct
*Choice C is classified under Criminal
Acts (the correct answer)

For Number 512: *Advertisement

which includes anything other than
the MD's name, profession, limitation
of practice, clinic hours, office and
home address, can be considered
false, extravagant or unethical.
*Not adultery, because both are unmarried
*May also be a citizen of a foreign country, provided that there is
reciprocity with that country

choices A & D - passive euthanasia;

choices B & C - active euthanasia
prior to 2007; corporate liability- after 2007

state immunity
 right to compensation - right of the doctor
*Answer should be D

Justifiable grounds to refuse

admission of patients in a hospital:
1. All accommodations are filled
2. The patient is chronically ill
3. The patient needs only
convalescent care
4. There is no available
accommodation for the clinical
service that the patient is suffering
5. The patient’s condition is
contagious and a risk to other
patients

Mandamus is the appropriate remedy for refusal of a record custodian to

disclose clinical record contents to patients or an authorized
representative.

For NUMBER 541: substitute to parental authority

*Correct answer is D - the hospital director cannot give consent
for a minor.
*The ff. May give consent for minors:
-parents, then
-grandparents (paternal before maternal), then
-eldest brother or sister, provided they are of age
-others: guardians, teachers and professors, heads of children's
homes, orphanages or other similar institutions; directors of
trade establishments with regard to apprentices
*Answer should be D
Corporate liability of the hospital may arise
from the ff:
- failure to furnish safe and well maintained
buildings and ground
- failure to furnish safe and reliable
equipment
- failure to exercise reasonable care in the
selection of its medical and nursing staff

no contribution on the
part of the patient
choice C. the dr. gave the poison only; murder if the dr. infused/
administered the poison
malpractice - very broad
*Accdg to Solis, failure to use appropriate diagnostic tests is a specific
act of malpractice, so choice D may also be correct.
A. anti-pharmacy act;
B. unethical/administrative;
D. violation of pharmacy act

4 Ds
Damage
Duty is breached
Duty of the physician
Direct
Asnwer is D
common sense; not contributory
negligence- no other negligent act except
that of the father; in contributory
negligence, 2 negligent acts are present
It should be doctrine of
Assumption of risk
*Accdg to Solis, this falls
under Contributory
negligence. Answer is still C.

*Consultants are not ostensible

agents, therefore doesn't fall
under the hospital's vicarious
liability
For Number 586: Prision correccional, suspension,
and destierro. — The duration of the penalties of
prision correccional, suspension and destierro shall
be from six months and one day to six years, except
when suspension is imposed as an accessory penalty,
in which case, its duration shall be that of the
principal penalty (RPC)*Correct answer is D. All of
the above
 A & B - compensatory/ can be computed with certainty;
C - to serve as lesson/ to defer

*Answer should be D. Factitious malingering

• Feigned or Fictitious Malingering – built up out of pure imagination and does
not have the slight basis of fact.
• Factitious Malingering –something really exists as a fact but is converted to a
more serious disability or injury or to an exaggeration of the real complaint