CHAPTER 21: MEDICO-LEGAL ASPECTS OF SEX CRIMES - Condition of the Vulva

- Fourchette
VIRGINITY AND DEFLORATION - Vaginal canal
- Virginity is a condition of a female who has not experienced sexual intercourse and whose - Hymen
genital organs have not been altered by carnal connection. Death related to Sexual Act
- A woman is a "virtuous female" if her body is pure and if she has never had any sexual 1. Death of the Male Partner
intercourse with another, though her mind and heart is impure (Thomas v. State, 19 Ga. - From natural cause
App. 104, 91 S.E. 247, 250). - Due to defensive act of the woman-victim
2. Death of the Female Partner
Kinds of Virginity - Usually accidental
1. Moral Virginity 3. Death of both Partners
- The state of not knowing the nature of sexual life and not having experienced sexual - Simultaneous death if in a confined space: CO poisoning
relation - Homicide-suicide pact
- Applies to children below the age of puberty and whose sex organs and secondary sex
characters are not yet developed. Criminological Characteristics
2. Physical Virginity - Ancient and universal crimes
- A condition whereby a woman is conscious of the nature of the sexual life but has not - Close physical contact between offender and victim
experienced sexual intercourse - As a general rule, it is a crime committed by one sex against the opposite sex.
- Applies to women who have reached sexual maturity but have not experienced sexual - Sex is an inborn instinct. What is punishable is the anti-social means of attaining sexual
intercourse gratification.
3. Demi-Virginity - Crime of rape and forcible abduction are conventional crimes
- Permits any form of sexual liberties as long as they abstain from rupturing the hymen by - Many sex crimes are committed but not reported; if reported not investigated; if
sexual act investigated, not prosecuted
4. "Virgo Intacta” - It is a crime committed in strict privacy.
- Refers to a truly virgin woman; that there are no structural changes in her organ to infer - More frequent among the lower socio-economic
previous sexual intercourse and that she is a virtuous woman. - Unlike other crimes, pardon, forgiveness or marriage between the offender and the victim
will extinguish the criminal liability of the offender.
Parts of the female body to be considered in the determination of virginity: - Seasonal variation in the frequency of commission
- Breasts - Severity of punishment does not deter its commission
- Vaginal canal - Its occasional consequence (pregnancy) becomes a legal problem, e.g. support, abortion,
- Labia majora and labia minora legitimacy, unwanted child, inability to find a means of livelihood
- Fourchette - If the offender is of past middle age, usually the victims are children.
- Hymen - The psychic trauma suffered by the victims of sex crimes varies with the moral standard of
NOT RELIABLE EVIDENCE OR BASIS TO DETERMINE VIRGINITY the victim.

Virginity is Not Synonymous with Chastity: RAPE

- 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 dilatation of the vaginal
canal causing it to appear that she has had several sexual intercourses, yet she may still be a
virgin.
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.
When and How Rape is Committed — Penalties:
Art. 266-A, Revised Penal Code:
Rape is committed by
1. By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a. By using force or intimidation
b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the woman is under twelve years of age or is demented
2. By any person who shall commit an act of sexual assault by inserting his penis into a person’s
mouth or anal orifice or any instrument or object, into the genital or orifice of another person

Parts of female genitalia that must be examined to determine defloration:

 2. The woman-victim is unconscious
- The crime of rape shall be punished by reclusion perpetua. - On her natural sleep
- Whenever the crime of rape is committed with the use of a deadly weapon or by two or - Sleeping sickness
more persons, the penalty shall be reclusion perpetua to death. - Knocked out by physical injuries or drugs
- When by reason or on the occasion of rape, the victim becomes insane, the penalty shall be 3. When the woman is under 12 years old – statutory rape
reclusion perpetua to death.
- When the rape is attempted and homicide is committed by reason or on the occasion Some instances When Rape is Punishable by Death:
thereof, the penalty shall be likewise reclusion perpetua to death. 1. When by reason or on the occasion of the rape, the victim has suffered permanent physical
- When by reason or on the occasion of the rape, a homicide is committed, the penalty shall mutilation or disability
be death. 2. When by reason or on the occasion of the rape, a homicide is committed.
3. When the victim is a child below 7 years old
Who can commit rape?
Under RA 8353, the crime of rape can now be committed by a male or a female. Death of a woman from peritonitis as a result of having been infected with a venereal disease by a
man having sexual intercourse with her against her will, will constitute the complex crime with
Meaning of Carnal Knowledge homicide (People v. Acosta, 60 Phil. 158)
- Act of a man in having sexual bodily connection with a woman:
- if there is the slightest penetration in the sexual organ of the female by the sexual Medical Evidences in Rape
organ of the male
- It is not necessary that the vagina be entered or that the hymen be ruptured
(Black's Law Dictionary by Henry C. Black, 4th ed., p. 268).
- 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 (People v. Oscar, 48
Phil. 527).
- 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 (People v.
Canastre, 82 Phil. 480).

Character of the Offended Party is immaterial in rape,

- The fact that the offended party may have been unchaste before alleged sexual act was
consummated with force and intimidation constitute no defense. The person is guilty of
rape if force and violence were used regardless of the good or bad morals of the offended
party (People v. Blanco, 45 Phil. 13) Examination for Seminal Fluid and Spermatozoa
1. Gross Examination
Evidences of Force or Intimidation: - Inspection by means of the naked eye or with the use of the hand lens
- The mere initial reluctance of the offended party or verbal refusal alone will not prove - Grayish-white stain to faint yellow in color
force. It must be a manifested and tenacious resistance that is required by law (People v. - Slightly depressed in fabrics, map-like contour with silvery appearance, hardened
Lago, C.A. 45 O.G. 1356). with shiny borders
- A strong evidence of force is the presence of physical injuries found on the person of the - Inspection by means of UV light
victim in the course of medical examination - Bluish fluorescence
2. Microchemical Examinations:
Rape Committed by Employment of Intimidation a stained fabric is moistened with diluted HCl and allowed to dry
- The application of threat will cause fear in the victim of the untoward consequence. If she
will not accede to the will of the offender, the crime may constitute intimidation. - Florence Test
- Use Florence solution
Rape Committed by Depriving the Victim of Her Reason or Otherwise Made Unconscious: - POSITIVE: dark brown crystals in clusters or rosettes
- Not a specific test for semen; merely presumtpive evidence of seminal fluid
1. Deprival of Reason - Berberio’s Test
- Rape committed on insane or mentally deficient woman - Use of picric acid solution
- Under the influence of alcohol or other depressant drugs - POSITIVE: needle-shaped yellow crystals
- Under the effects of sex stimulating drugs
 - Puramen Reaction
- Presence of spermine; reliable test Can the husband commit the crime of rape on his wife?
- The stain is placed in a tube with saline and Puramen’s reagent, refrigerated - The husband cannot be guilty of rape committed on his wife. Marriage is a license of the
- POSITIVE: yellow precipitate ; cross-like crystals under microscope husband to have sexual intercourse with his wife. The purpose of marriage is procreation
and there can be no procreation if there is no sexual intercourse.
- Acid Phosphatase Test - However, if there is a decree of legal separation by the court, the husband may be guilty of
- Extract from stain with distilled water rape on his wife. Legal separation does not dissolve the matrimonial tie between the
- POSITIVE: deep purple husband and wife, but merely separation in bed.
- The husband may be guilty also of rape on his wife if he is a principal by cooperation or by
3. Microscopic Examinations inducement for the act committed by another man.
- Presence of sperm
- Dried stain on the slide is stained with Hematoxylin or Methylene blue and Eosin Crimes Against Chastity:
under HPO and OIO Seduction
- Dr. Hankin’s Method - Seduction is the act of a man enticing women to have unlawful intercourse with him by
- Stained fabric is boiled with tannin solution and dissolved in potassium cyanide, means of persuasion, solicitation, promises, bribes, or other means without employment of
carbolfuchsin under MPO force (Van de Velde v. Colle, 8 N.J. Misc. 782, 152 A. 615, 646).
- Ganguli’s Method 2 Kinds:
- Stained with erythrocin & malachite green - Qualified Seduction
- Simple Seduction
4. Biologic Examinations
Qualified Seduction
- Precipitin Test (Biological test of Farnum) - Art. 337, Revised Penal Code — Qualified seduction
- Used to determine if semen is of human origin or not - The seduction of a virgin over twelve years and under eighteen years of age, committed by
- POSITIVE: white ring at point of contact between the unknown semen extract and any person in public authority, priests, house-servant, domestic, guardian, teacher, or any
the anti-human semen serum person who, in any capacity, shall be entrusted with the education or custody of the woman
- Seminal Grouping seduced, shall be punished by prision correccional in its minimum and medium periods.
- Substance A and B - The penalty next higher in degree shall be imposed upon any person who shall seduce his
- Value is for elimination: a positive result does not definitely imply that the person is sister or descendant, whether or not she be a virgin or over eighteen years of age.
the owner of the semen in question. A negative result will totally exclude the alleged - Under the provisions of this Chapter, seduction is committed when the offender has carnal
accused as the possible owner knowledge of any of the persons and under the circumstances described herein.

Types of Qualified Seduction

How long after sexual intercourse can sperm be found in the vaginal canal?
- Less than 30 hours in the maternal passage
- 2-3 days total life in female reproductive tract
- Less than 2 hours in vagina; 43 hours in cervix and uterus
- Remain motile in vagina up to 17 days
- Fertilization does not occur immediately; sperm in upper part of vagina for more than 2
weeks
- 7-48 hours after intercourse in the vagina
Can rape cause death?
- Although it may not be usual, the introduction of a matured male sex organ into the vagina
of a young girl may produce local injury sufficient to produce death. The death may be due
to hemorrhage brought about by the laceration of the vaginal canal, shock, subsequent
infection such as gangrene or peritonitis.
- Laceration of the vagina with accompanying hemorrhage can also occur even in adult
women if the man's sex organ is exceptionally big, especially when the sexual act was done
roughly.
1. Ordinary Qualified Seduction
Seduction of a virgin over twelve years and under eighteen years of age, committed by any person in
public authority, priest, house-servant, domestic, guardian, teacher or any person who in any
capacity, shall be entrusted with the education or custody of the woman seduced.
2. Incestuous Qualified Seduction
Seduction wherein there is blood relationship between the seducer and the seduced. Father seducing
daughter or other descendants, or brother seducing sister.
In this type of seduction, the woman seduced need not be a virgin or may be more than eighteen years
of age. The penalty imposed is one degree higher than that of ordinary qualified seduction.
The reason for the reduction of the requirements and the imposition of a higher penalty is that the
father or ascendant and the brother are obliged to lead the descendant or sister to the path of rectitude
and morality, but instead virtually persuaded her to become immoral or be a party to the condemnable
act.
Simple Seduction
Art, 338, Revised Penal Code — Simple seduction a. Forcible abduction (Art. 342)
The seduction of a woman who is single or a widow of good reputation, over twelve but under b. Consented abduction (A rt. 343)
eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Deceit A. Forcible Abduction:

A fraudulent and cheating misrepresentation, artifice, or device, used by one or more persons to Art. 342, Revised Penal Code — Forcible abduction
deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of the party - The abduction of any woman against her will and with lewd designs shall be punished by
imposed upon reclusion temporal.
Deceit may be: - The same penalty shall be imposed in every case, if the female abducted is under twelve
- Suggestion, as a fact, of that which is not true, by one who does not believe it to be true years of age.
- The assertion, as a fact, of that which is not true, by one who has no reasonable ground for
believing it to be true; B. Consented Abduction:
- The suppression of a fact, by one who is bound to disclose it, or who gives information of Art. 343, Revised Penal,Code — Consented abduction
other facts which are likely to mislead for want of communication of that fact; or - The abduction of a virgin over twelve and under eighteen years of age, carried out with her
- A promise made without any intention of fulfillment. consent and with lewd designs, shall be punished by the penalty of prision correccional in
The most common form of deceit is the promise of marriage its minimum and medium periods.

Acts of Lasciviousness Adultery and Concubinage

Art. 336, Revised Penal Code — Acts of lasciviousness
Any person who shall commit any act of lasciviousness upon other persons of either sex, under any
of the circumstances mentioned in the preceding article (rape), shall be punished by prision
correccional.
Elements of the Crime:
1. The offender commits any act of lasciviousness;
2. The lascivious act is done under any of the following circumstances
a. By using force or intimidation.
b. By depriving her of her reasons or otherwise unconscious
c. When the woman is under 12 years of age.
3. The offended party must be a person of either sex.
Art. 339, Revised Penal Code — Acts of lasciviousness with the consent of the offended party
The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed
by the same persons and under the same circumstances as those provided in Art 337 and Art 338
Elements of the Crime:
1. The offender commits acts of lasciviousness;
2. The offended woman must be over 12 but under 18 years of age, except when the Victim is
the sister or descendant of the offender;
3. The offender commits the act by abuse of authority, confidence, relationship or deceit;
4. The victim must be a woman, virgin, single, or widow of good reputation, except when she
is the sister or descendant of the offender where virginity is not required.
Abduction
- Abduction is the carrying away of a woman by an abductor with lewd design.
- Lewd design is the intent of the abductor to have sexual intercourse with the woman
abducted. This can be inferred from the acts of the offender.
A. Adultery
Art. 333, Revised Penal Code — Who are guilty of adultery
- Adultery is committed by any married woman who shall have sexual intercourse with a
man not her husband and by the man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void.
- Adultery shall be punished by prision correccional in its medium and maximum periods.
B. Concubinage:
Art. 334, Revised Penal Code — Concubinage
- Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place, shall be punished by prision correccional in its
minimum and medium periods.
- The concubine shall suffer the penalty of destierro
Ways of Committing the Crime:
- Keeping a mistress in the conjugal dwelling; or
- Having sexual intercourse, under scandalous circumstances, with a woman who is not his
wife; or
- Cohabiting with her in any other place.
A married man committing concubinage violates the marital vow
Prostitution
Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or lascivious
conduct (Art. 202, No. 5, Revised Penal Code).
- Requirements to be satisfied before a woman may be considered a prostitute:
- She habitually indulges in sexual intercourse or lascivious acts.
- When the habitual sexual intercourse or lascivious act is done for money or profit.

- There are two types of abduction punishable under the Revised Penal code Penalty:
arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its
medium period to prision correccional in its minimum period, or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court (Art. 202, last par., Revised Penal Code).
Reasons why some women become prostitutes:
1. Physiological and psychological traits: emotionally unstable, psychopathic, neurotic,
suggestible, or addicted to the use of tobacco, alcohol and narcotic drugs. They may be
lonely and may lack association with the intimate family circle.
2. Economic factors
3. Home and neighborhood: comes from broken homes, over-crowded homes with members
of both sexes sleeping in the same room, or having a male border or roomer. In some
instances the mother is a prostitute, and the father is a pimp and their daughters are allowed
to roam in the streets and being initiated in sexual intercourse.
4. Influence of contraceptives: The availability of contraceptives and prophylactic treatment
for infection make it possible to indulge in sexual relationship without fear of pregnancy
and infection.
Medico-legal Aspects of Prostitution
1. Prostitution is one of the venues in spreading venereal and other
diseases.
2. Evidences may be gathered to prove sexual or lascivious acts.
Types of Prostitutes:
1. Call Girl — Receives telephone calls from the selected group of customers and makes
arrangements to meet them at a designated place.
2. Hustler:
a. Bar or tavern "pick-up" — Frequent places where liquor is sold, sometimes with the
knowledge of the management,
b. Street walker — She finds her customers in various places and makes the contact
herself, but she may walk with taxicab drivers.
3. Door Knocker — A newcomer in the field of prostitution. She frequents small hotels and
furnished rooms or roams in the hall room of these places.
4. Factory Girl — She works in regular house of prostitution. She accepts all comers and has
nothing to do with the selection and solicitation of customers. She is under the direct
supervision of a "madam" or "mama-san"
Personnel Associated with Prostitution:
1. "Madam" or "Mama-san" — She is the general manager of the prostitution den. She
handles cash, meets customers and transacts all business for the house.
2. Procurer — The person is charged with the duty of getting girls to work as prostitutes.
3. Transporter — The man or woman who takes prostitutes from town to another.
4. Pimp or "Bugao" — one who gets customers. He may be a taxicab driver, bartender, or a
girl's own husband. He earns by percentage basis.
2. Furnished Room House — This is operated by experienced madams. The house has 2 to 3
girls and also rooms for rent to legitimate roomers in order to maintain the appearance of
respectability.
3. Call House — It is merely a place where a telephone is maintained by a madam. The
customer calls, and the madam sends the girl out to meet him.
Other Reasons for Indulging in Prostitution:
1. Poor social background with personality handicaps
2. Previous sexual experience in or out of wedlock.
3. Contact with a person in or in the fringe of prostitution.
4. Desire for money or forced by loneliness, desertion or broken promises.
Effects of Prostitution:
1. Arrest and imprisonment.
2. Venereal infection.
3. Social ostracism.
4. Poor personal hygiene.
5. Excessive use of alcohol.
6. Irregular habit of eating and sleeping.
7. Demoralization and physical deterioration.
Can rape be committed on a prostitute?
- Yes, virginity or chastity of character is not a necessary element of the crime of rape.
However, medical proof of sexual inter- course is not a legal proof of the commission of
rape.
- The fact that the offended person has been a person of unchaste character constitutes no
defense to the charge of rape, provided that it is proven that the illicit relations complained
of were committed with violence or force. The defendant in a criminal action for rape is
guilty of the crime if force or violence was used, regardless of the good or bad character of
the offended party
Other persons involved in the business of prostitution are punished by the following provisions of the
Revised Penal Code:
A. Corruption of Minors:
Art. 340, Revised Penal Code:
Any person who shall promote or facilitate the prostitution or corruption of persons under age to
satisfy the lust of another, shall be punished by prision mayor, and if the culprit be a public officer or
employee, including those in government owned or controlled corporations, he shall also suffer the
penalty of temporary absolute disqualification (as amended by B.P . 92).
B. White Slave Trade
Art. 341, Revised Penal Code:
The penalty of prision correccional in its medium and maximum periods shall be imposed upon any
person who, in any manner, or under any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of women for the purpose of prostitution.

Types of Prostitution Houses: Ways of Committing the Crime:

1. Disorder House - Employs only 4 to 8 girls in the business. This type is gradually 1. Engaging in the business of prostitution.
disappearing as it is an easy target of organized program against prostitution. 2. Profiting by prostitution.
 3. Enlisting the services of women for the purpose of prostitution.
Abuse Against Chastity
Art. 245, Revised Penal Code
The penalties of prision correccional in its medium and maximum periods and temporary special
disqualification shall be imposed:
- Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is requested to submit a report to, or consult with, a superior officer;
- Any warden or other public officer directly charged with the care and custody of prisoner
or persons under arrest who shall solicit or make immoral or indecent advances to a woman
under his custody.
- If a person solicited by the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of such warden or officer, the
penalties shall be prision correccional in its minimum and medium periods and
temporary special disqualification.
Ways of Committing Abuse Against Chastity
1. By soliciting or making immoral or indecent advances to a woman interested in matters
pending before the offending officer for decision or with respect to which he is required to
submit a report to or consult with a superior officer.
2. By soliciting or making immoral or indecent advances to a woman under the offender's
custody.
3. By soliciting or making immoral or indecent advances to the wife, daughter or relatives
with the same degree by affinity of any person in custody of the offending warden or
officer.
- Solicit means to propose earnestly and persistently something immoral or indecent.
Mere proposal is sufficient. It is not necessary that the woman solicited yields to the
solicitation of the offender.
- But proof of solicitation may no longer be necessary when there is sexual
intercourse. A warden of a woman prisoner entered the cell and had illicit relation
with her. On appeal the appellant argued there was no proof of solicitation. Absence
of sufficient solicitation is not necessary when the act solicited was consummated
(U.S. v. Morales, 29 Phil. 572).
UNNATURAL SEXUAL OFFENSES AND SEXUAL ABNORMALITIES
- Unnatural sexual offenses are not only a deviation to the normal course of nature but also
uncommonly observed manifestations of sexual perversion. Most of those persons suffering
from the conditions do not exhibit criminal intent but manifesting mental aber- rations
which may be a subject-matter for the psychiatrist to treat
- There is no specific provision of our Revised Penal Code on any of the unnatural sexual
offenses, although certain provisions of the code may be made applicable
Provisions of the Penal Code which may be applicable to Unnatural Sexual Offenses: (Offenses
against Decency and Good Customs)
1. Grave Scandal:
Art. 200, Revised Penal Code:
- The penalties of arresto mayor and public censure shall be imposed upon any person who
shall offend against decency or good customs by any highly scandalous conduct not
expressly falling within any other article of the code.
Requisites of the Crime:
a. The offender performs act or acts
b. Such act or acts is/are highly scandalous and offending against decency and good customs;
c. It is also necessary that the act or acts be committed in a public place or within the view or
knowledge of the public (U.S. v. Samaniego, 16 Phil. 663).
2. Immoral doctrines, obscene publications and exhibitions:
Art. 201, Revised Penal Code:
That penalty of prision mayor in its minimum period or a fine ranging from 6000 to 12,000 pesos, or
both, shall be imposed upon:
a. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
b. The authors of obscene literature, published with their know- ledge in any form, and the
editors publishing such literature;
c. Those who in theaters, fairs, cinematographs or any other place open to public view, shall
exhibit indecent or immoral plays, scenes, acts or shows; and
d. Those who shall sell, give away or exhibit prints, engravings, sculptures or literature which
are offensive to morals.
3. Vagrants and Prostitutes:
Art. 202, Revised Penal Code:
The following are vagrants:
1 …………
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article shall be punished by arresto
mayor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium
period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or
both, in the discretion of the court.
4. Unjust vexation or any other coercion:
Art. 287, 2nd paragraph, Revised Penal Code:
- Any other coercions or unjust vexations shall be punished by arresto menor or a fine
ranging from 5 to 200 pesos, or both.
- Unjust vexation includes any human conduct, although not productive of some physical or
material harm would, however, unjustly annoy of vex an innocent person.
Sexual Abnormalities
As to the Choice of Sexual Partner:
1. Heterosexual — Sexual desire towards the opposite sex. This is a normal sexual behavior,
socially and medically acceptable.
2. Homosexual — (Michaelangelo, Shakespeare, Oscar Wilde, Waltz Whiteman), — Sexual
desire towards the same sex.
3. Infantosexual — Sexual desire towards an immature person
Pedophilia — A form of sexual perversion wherein a person has the compulsive desire to have sexual
intercourse with a child of either sex.
4. Bestosexual — Sexual desire towards animals.
Bestiality (Zoophilia) — Sexual gratification is attained by having sexual intercourse with animals.
5. Autosexual (Self gratification or masturbation) — It is a form of "self-abuse" or "solitary
vice" carried without the cooperation of another person.
 6. Gerontophilia — Sexual desire with elder person
7. Necrophilia — A sexual perversion characterized by erotic desire or actual sexual
intercourse with a corpse.
8. Incest — Sexual relations between persons who, by reason of blood relationship cannot
legally marry.
Theories Why Adults become Interested in Children:
a. Emotional congruence — Children are sexually attractive to adult for a number of reasons:
- Children are nondominant
- Adults have low self-esteem, immaturity, socialization to male dominance or narcissism;
and
- Unconscious impulse, compulsively to repeat child-adult sex contact to master, and his or
her own early experience of child-adult sexual abuse.
b. Conditioning Modeling — Behavioral modeling begins with early childhood experience,
positive or negative, and is conditioned by hormonal abnormalities, child pornography and
the misattribution of arousal as being only from children.
c. Blockage — Alternative sexual gratification may become blocked due to poor social skills
with adults of the opposite sex, anxiety about sex, unresolved oedipal conflicts,
unavailability of or conflict with a committed partner, as well as repressive social-sexual
norms.
d. Disinhibition — Sexual controls may become disinhibited due to senility, dementia, mental
retardation, psychosis, drug or alcohol, impulse disorders, situational stress, failure of
incest avoidance, a general cultural acceptance.
As to Instinctual Strength of Sexual Urge:
1. Over Sex
a. Satyriasis — Excessive sexual desire of men to intercourse.
b. Nymphomania — Strong sexual feeling of women. They are commonly called "hot" or
"fighter". Both satyriasis and nymphomania are general expression of compulsive neurosis.
2. Under-sex (Sexual frigidity):
a. Sexual anesthesia — Absence of sexual desire or arousal during sexual act in women.
b. Dyspareunia — Painful sexual act in women.
c. Vaginisimus — Painful spasm of the vagina during sexual act.
d. Old age — Weakening of sexual feeling in the elderly. There may be the desire but there is
difficulty of accomplishment. It may be accompanied by aberrant behavior, like
exhibitionism, incest, or homosexuality.
As to Mode of Sexual Expression or Way of Sexual Satisfaction
1. Oralism — The use of the mouth as a way of sexual gratification.
a. Fellatio (Irrumation) — The female agent receives the penis of a man into her mouth and
by friction with the lips and tongue coupled with the act of sucking initiates orgasm.
b. Cunnilingus — Sexual gratification is attained by licking or sucking the external female
genitalia.
c. Anilism (anilingus) — A form of sexual perversion wherein a person derives excitement by
licking the anus of another person of either sex.
2. Sado-masochism (Algolagnia) — Pain or cruel act as a factor for gratification.
Flagellation — A sexual deviation associated specifically with the act of whipping or being whipped.
a. Sadism (Active Algolagnia) —infliction of pain on another is necessary or sometimes the
sole factor in sexual enjoyment.
- Cannibalism — Sexual gratification attained by biting without flesh eating but with
presumed unconscious wish to consume.
- Love bites — These are superficial punctate contusions
The infliction of such injury although amorous may be a part of the sadistic attitude of the offender.
It is called necrosadism or lust murder if the victim dies. The deviate has a strong homicidal urge,
quite often suffering from organic brain disease or may be schizophrenic, epileptic or psychopath.
b. Masochism (Passive algolagnia) — The pain and humiliation from the opposite sex is the
primary factor for sexual gratification.
3. Fetishism — A form of sexual perversion wherein the real or fantasied presence of an
object or bodily part is necessary for sexual stimulation and/or gratification.
Kinds of Fetishes:
a. Anatomic — Where particular portions of the anatomy, such as the breasts, or buttocks are
the target of interest for sexual stimulation.
b. Clothing — The deviate may have interest centered on shoes, handkerchief, undergarments,
either on a sexual partner or stolen from a neighborhood washline
c. Necrophilic — The deviate has the desire to be near a dead body and may or may not
violate the dead person for sexual gratification.
d. Odor (Ospresiophilia) — Fetish whose stimulus is pleasant odor or foul odor for sexual
stimulation or gratification.
- Urolagnia — A sexual deviation in which sexual excitement is associated with the sight of
women urinating. In some instances, there is a desire to drink the urine.
- Coprolognia — A form of sexual deviation wherein sexual gratification is attained by
seeing women defecate.
- Mysophilia — Sexual response to filth or excretion.
e. Pygmalionism — A sexual deviation whereby a person has sexual desire for statues.
f. Mannikinism — Sexual desire with mannikins
g. Narcissism — A person has extreme admiration and love of one's self. Sexual gratification
is attained by looking at the mirror and appreciating his or her own self.
h. Negative fetish — The marked dislike for things, like eyeglasses, beard, hair cut, as the sole
stimulus for gratification.
i. Saboteur fetish — A deviate does damage while he gets satisfaction, like cutting clothes or
hair.
j. Incendiarism — Deviate derives sexual pleasure from setting fire.
k. Vampirism — Deviate attains sexual stimulation or gratification at the sight of blood.
As to the Part of the Body
1. Sodomy — Sexual act through the anus of another human being.
2. Uranism — Sexual gratification attained by fingering, fondling with the breast, licking
parts of the body, etc.
3. Frottage — A form of sexual gratification characterized by the compulsive desire of a
person to rub his sex organ against some parts of the body of another
4. Partialism — A form of sexual deviation wherein a person has special affinity to certain
parts of the female body. Sexual libido may develop in the breast, buttock, foot, legs, etc. of
women. Usually, sexual intercourse is merely secondary to satisfy the sexual desire.
As to Visual Stimulus:
 1. Voyeurism — A form of sexual perversion characterized by a compulsion to peep to see
persons undress or perform other personal activities. The offender is sometimes called
"Peeping Tom". Usually after peeping, he masturbate in excess.
2. Mixoscopia (Scoptophilia)
is attained by watching couple undress or during their sex intimacies.
As to Number:
1. Troilism (Menage a trois) — A form of sexual perversion in which three persons are
participating in the sexual orgies. The combination may consist of two men and a woman
or two women and a man.
2. Pluralism — A form of sexual deviation in which a group of person participate in the
sexual orgies.
Male pseudohermaphrodite — Gonads are testicles but the character is effeminate.
Female pseudohermaphrodite — Gonads are ovaries but with masculine character.
CHAPTER 22: PREGNANCY
Pregnancy
- the state of a woman who has within her body the growing product of conception or a
fecundated germ
- commences from the time the egg cell is fertilized and terminates at the time such product
of conception is expelled or delivered
- average duration of pregnancy is 270 to 280 days from the first day of the last
menstruation.

Other Sexual Deviates: LEGAL IMPORTANCE OF THE STUDY PREGNANCY

1. Coprolalia — A form of sexual deviation characterized by the need to use obscene 1. Pregnancy is a ground for the suspension of the execution of the death sentence in a woman
language to obtain sexual gratification. 2. A conceived child is capable of receiving donation
2. Don Juanism — The term applied by psychiatrists to describe a form of sexual deviation 3. A conceived child may exercise civil rights
characterized by promiscuity and making seduction of many women as a part of his. career. 4. Concealment of the woman that she is pregnant at the time of marriage is a ground for the
The pervert cannot find anyone to be a permanent companion. annulment of marriage
3. Indecent exposure (Exhibitionism) — This is the willful exposure in public places of one's
genital organ in the presence of other persons, usually of the opposite sex. MEDICAL EVIDENCES OF PREGNANCY:
PRESUMPTIVE OR PROBABLE SIGNS

Sexual Reversal:
1. Transvestism ("Sexo-esthetic inversion", "Psychical hemaphroditism" or "Metamorphosis
sexualis paranoica") — A form of deviation wherein a male individual derives pleasure
from wearing the female apparel. This condition is found sometimes in females who desire
to dress themselves in male attire. The transvestite has a psychic identification with the
opposite sex
2. Transexualism — There is a dominant desire in some persons to identify themselves with
the opposite sex as completely as possible and to discard forever their anatomical sex.
3. Intersexuality — A genetic defect wherein an individual show intermingling, in varying
degrees, of the characteristics of both sexes including physical form, reproductive organs,
and sexual behavior.

Classification of Intersexuality
- Gonadal agenesis — The sex organs (testes or ovaries) have never developed. This
condition can be determined very early in fetal life
- Gonadal dysgenesis — The external sexual structures are present but at puberty the testes
or the ovaries fail to develop
- Klinefelter's syndrome — A male type of dysgenesis in which although the anatomical
structure is entirely male, the nuclear sexing is female (Chromatin positive), characterized
by the presence of small testes with fibrosis and hyalinization of the seminiferous tubules.
It is associated with X X Y chromosomes (44 XXY-47)
- Turner's syndrome — Structurally and phenotypically female but the ovaries are small.
There is sterility with the absence of the second X chromosomes. (44 XO-45)
- True hermaphroditism — A state of bisexuality, having both ovaries and testicles. The
nuclear sex is usually female. The character may be neutral or whichever is dominant.
- Pseudohermaphrodite — Sex organ is anatomically of one sex but the sex characters is that
of the opposite sex.
 2. Count forward nine calendar months from the date of the first day of the last menstruation
and add one week.
3. Count forty weeks or ten lunar months from the date of the first day of the last
menstruation.
4. Determination of the level of the fundus of the uterus
5. MacDonald Method: Measure the distance from the symphysis pubis up to the fundus of
the uterus in centimeters divided by 3.5 gives the age in month of gestation.
6. Date of the quickening: Count ahead 24 weeks in multigravidas and 22 weeks in
primigravidas from the date of the quickening; not found to be reliable.

SPECIAL CASES
- SUPERFECUNDATION
Fertilization made by separate intercourses of 2 ova which have escaped at the same act of ovulation
- SUPERFOETATION
Fertilization of 2 ova which have escaped at different acts of ovulation
- PSEUDOCYESIS OR SPURIOUS PREGNANCY
Imaginary pregnancy; with subjective symptoms and imagine fetal movement

DIAGNOSIS OF FETAL DEATH

The fetus inside the uterus must be presumed to be alive unless there are evidences to the contrary.
The following are proofs that the fetus is dead
1. Repeated examinations of the uterus show that the size remains stationary even after a lapse
of a number of weeks and months.
2. Endocrine test for pregnancy is negative on more than one occasion. Moreover, death of the
fetus may not mean death of the placental tissue which manufacture gonadotrophin. As
long as the placental tissue continues to manufacture the trophic hormone, it will be
MEDICAL EVIDENCES OF PREGNANCY: positive in the urine.
POSITIVE SIGNS
During the later months of pregnancy, the following are the additional proofs of death of the fetus:
1. Cessation of the fetal movement after they have been felt.
2. Absence of fetal heart sounds after a repeated and prolonged examination.
3. Positive signs of fetal death as shown by the palpation of softened macerated fetal head,
with bones freely movable on each other and the scalp hanging over a loose sac
4. The breasts cease to enlarge and become soft and flabby.

CHAPTER 23: DELIVERY

DELIVERY
- Process by which a woman gives birth to her offspring
PUERPERIUM
- Interval between the termination of labor to the complete return of the reproductive organ
DURATION OF PREGNANCY to its normal nonpregnant state
- Average duration: 270-280 days from onset of last menses - Lasts from 6-8 weeks
- 180 days AOG may live
- Most 6 months old infants die immediately or within a few days of birth; occasionally one METHODS OF DELIVERY
has been reared 1. Natural Route: Expulsion of the products of conception through the normal passage.
a. Spontaneous: When the products of conception passed out of the vagina without the aid of
METHODS OF ESTIMATING EXPECTED DATE OF DELIVERY physician, midwife, instrumentation or surgical intervention.
1. From the date of the first day of the last menstruation, add seven days and count three b. Surgical Intervention: When delivery is effected with the aid of surgery, e.g.,
months backwards. Symphysiotomy.
 c. Instrumentation: The second stage of labor is modified by the use of instruments. Example: a. Laceration or contusion of the cervix.
Forceps application. b. Uterus is enlarged and flabby.
2. Surgical Route: The expulsion of the products of conception is not through normal c. The inner surface of the uterus is bloody and rugged-looking.
openings of the female generative tract but through some artificial openings brought about d. Dark color sloughy and gangrenous sinuses are evident at the endometrial lining at the site
by surgery of the former placenta
a. Abdominal Caesarian Section: The child is delivered by opening the abdominal wall and e. There is relative hypertrophy and increase in thickness of the uterine wall
the anterior wall of the uterus.
b. Vaginal Caesarian Section: The child is delivered thru the surgical opening made through FINDINGS IN THE OVARY
the vagina. Presence of corpus luteum
c. Post-mortem Caesarian Section: When the pregnant woman meet sudden death either
naturally or through violence and there is no chance of life, any person may open the FINDINGS IN OTHER ORGANS
abdomen to get the viable fetus in utero a. Hydremia of the blood.
b. Slight anemia. depending upon the amount of hemorrhage in the delivery and immediately
SIGNS OF RECENT DELIVERY thereafter.
Languid look, with pulse and temperature slightly increased c. Congestion and hypertrophy of the milk glands of the breast.
- Usually disappears normally in 2 or 3 days after delivery
Peculiar odor PATHOLOGY ACCOUNTABLE FOR THE CAUSE OF DEATH
- Characteristic lochial odor is present up to the 10th day of confinement; a. Signs of eclampsia.
- Fishy odor, but also in women menstruating normally b. Findings of endometritis, peritonitis, toxemia, etc.
Changes in the breast c. Signs of cardiac, renal or pulmonary affection.
- Sensation of tightness of the breasts and milk; presence of colostrum d. Findings of rupture of the uterus.
Flaccidity of the abdominal wall e. Signs of severe loss of blood during delivery
- Due to distention when the uterus is gravid to accommodate the product of conception in
utero CHAPTER 24: ABORTION
Linea albicantes present in the abdominal wall ABORTION
- Reddish in color (linea rubra) -> scar-like tissue (linea albicantes) - The willful killing of the fetus in the uterus or the violent expulsion of the fetus from the
Presence of Linea Nigra maternal womb which results in the death of the fetus
- Dark line from region of SP to umbilicus; possibly hormonal
Uterus is enlarged and palpable CLINICAL TYPES OF ABORTION
- Enlarged uterus does not return to original size immediately after delivery 1. Missed Abortion
Laxity of the perineum with possible tear Ovum destroyed by hemorrhage into the choriospace; before 4th month AOG
Vaginal canal is lax and with possible lacerations 2. Threatened Abortion
Cervix is flabby and may be torn Bleeding without dilatation of the internal os
Presence of lochial discharge 3. Inevitable Abortion
Evidence of placenta, umbilical cord and newborn Bleeding with dilatation of the internal os and with rhythmical pain; requires medical intervention or
Positive pregnancy test end by spontaneous expulsion
4. Incomplete Abortion
SIGNS OF REMOTE DELIVERY Retained fragments; need removal
Changes in the breast 5. Complete Abortion
- Pendulou, linea albicantes , dark areolae, prominent nipples Whole product of conception is expelled
Vulva and perineum CAUSES OF ABORTION
- Scar from previous laceration; retraction of fourchette and perineum 1. Death of the fetus — Congenital abnormality, poisoning by minerals like lead, disease of
Hymen the decidua, chorion, placenta, amnion, etc.
- Remains may be present as carunculae myrtiformis 2. Abnormality of the uterus.
Signs of previous cervical laceration 3. Emotional condition — Fright, grief and anger.
- Slit-like 4. Abortificient drugs — Ergot, purgatives
Presence of striae of pregnancy or linea atrophica on the abdominal wall 5. Trauma — Direct or indirect.
6. Hormonal deficiency.
POST-MORTEM FINDINGS IN A WOMAN WHO DIED RECENTLY AFTER DELIVERY 7. Acute specific fever and high temperature.
FINDINGS IN THE UTERUS
PROVISIONS OF THE REVISED PENAL CODE ON ABORTION
ARTICLE 256. INTENTIONAL ABORTION
Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of
the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman
shall have consented.
Elements of Intentional Abortion:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages were administered, or that the accused
otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb or after having been expelled therefrom;
4. That the abortion is intended.
Ways of Committing Intentional Abortion:
1. By using any violence upon the person of the pregnant woman.
2. By acting, but without use of violence, without the consent of the woman.
3. By acting, with the consent of the pregnant woman.
ARTICLE 257. UNINTENTIONAL ABORTION
The penalty of prision correccional in its minimum and medium periods shall be imposed upon any
person who shall cause an abortion by violence, but unintentionally
Elements of Uninentional Abortion:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without intending an abortion;
3. That violence is intentionally exerted;
4. That as a result of the violence the fetus dies, either in the womb or after having been
expelled therefrom;
5. That the abortion is intended.
ARTICLE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS
1. The penalty of prision correccional in its medium and maximum periods shall be imposed
upon a woman who shall practice an abortion upon herself or shall consent that any other
person should do so.
2. Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty
of prision correccional in its minimum and medium periods.
3. If this crime be committed by the parents of the pregnant woman or either of them, and
they act with the consent of said woman for the purpose of concealing her dishonor, the
offenders shall suffer the penalty of prision correccional in its medium and maximum
periods
Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of concealing her dishonor.
ARTICLE 25. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING
OF ABORTIVES
The penalties provided in article 256 shall be imposed in its maximum period, respectively, upon any
physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an
abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive
shall suffer arresto mayor and a fine not exceeding 1,000 pesos.
Elements:
a. That there is a pregnant woman who has suffered an abortion;
b. That the abortion is intended;
c. That the offender, who must be a physician or midwife, causes, or assists in causing, the
abortion;
d. That the said physician or midwife takes advantage of his or her scientific knowledge or
skill.
KINDS OF ABORTION
1. Spontaneous or Natural Abortion
Abortion which occurs without any form of inducement or intervention.
2. Induced Abortion:
- Abortion which will not take place had it not been for some form of inducement or
intervention. Induced abortion may be:
a. Therapeutic Abortion:
Abortion purposely done to preserve the life of the mother.
b. Criminal Abortion:
Abortion done without any therapeutic indication but with criminal intent is punishable by
law.
POST-MORTEM ABORTION
- This is the expulsion of the product of conception after death of the pregnant woman
brought about by the post-mortem contraction of the uterine muscles
- It is possible during the early stage of pregnancy when the fetus is small.
- During the later stage, the contraction of the uterus may cause its rupture and expel its
contents of pregnancy into the abdominal cavity.
REASONS WHY SOME DO ABORTION
a. To preserve the life and health of the pregnant woman.
b. To terminate prematurely illegitimate pregnancy in order to conceal the dishonor of the
woman.
c. Financial difficulty. Additional member means an added expense in the family.
d. To preserve body form. Some women do not wish to make their pregnancies advance to
full terms on fear that their bodies might be deformed.
WAYS OF INDUCING ABORTION 6. Organic nervous conditions as psychosis.
1. By General Violence 7. Miscellaneous conditions as diabetes, exophthalmic goiter.
2. By Means of Local Violence 8. Hereditary conditions as insanity.
3. By the Use of Drugs
4. By Surgical Intervention CHAPTER 25: BIRTH
5. Modern methods of inducing abortion – amniocentesis, vacuum suction LEGAL IMPORTANCE OF THE STUDY OF BIRTH
1. Birth determines personality
COMPLICATIONS OF ABORTION 2. Appearance of a child is a ground for the revocation of donation
Immediate Untoward Effects 3. Proof of live birth must first be shown before death of the child by the prosecution in the
1. Shock case of infanticide
2. Hemorrhage and Anemia STILL BIRTH
3. Embolism When the child has not breathed or has not shown any sign of life after being completely born.
4. Infection
5. Poisoning Causes of Stillbirth
6. Vagal inhibition 1. Immaturity
7. Perforation of the bladder or any of the neighboring organs 2. Congenital disease or malformation
Delayed Untoward Effects 3. General debilitating diseases (septicemia, kidney/liver disease)
1. Infection 4. Local disease of the generative organ (syphilis, placental disorders)
2. Fistula formation 5. Accidents in the delivery (cephalopelvic disproportion, cord coil, hemorrhage, prolonged
3. Sterility labor)
4. Pelvic adhesion 6. Violence

MEDICAL EVIDENCES OF ABORTION LIVEBIRTH

Medical Evidences of Abortion in the Living The child after birth exhibited clear signs of vitality and viability is not necessary.
1. Presence of external signs of violence in the form of contusion, abrasions, hematoma, etc In law, the presumption is every newborn child found dead was born dead. The burden of proof lies
2. Examination of the generative tract on those who declare otherwise. To have a child acquire personality distinct as that of the mother,
3. Examination of the instrument used for the presence of blood, placental tissue or fetal parts there must be proof of life after complete separation from the mother's womb.
4. History
5. Signs of previous pregnancy Proofs of Livebirth
6. Examination of the expelled product of conception 1. Presence of Heart Action and Circulation
7. Laboratory test for pregnancy 2. Movement of the child and crying
8. Testimony of the physician who completed the abortion or other witnesses 3. Presence of Respiration – hydrostatic test
4. Examination of the stomach and intestine – contains mucus, air bubbles or saliva ;
Medical Evidences of Abortion in the Dead Floatation Test
1. Evidence of instrumentation 5. Changes in the middle ear (Wredin’s test) – disappearance of the gelatinous material
2. Examination of stomach and its contents 6. Condition of the skin – bright red to lighter one; normal skin appears after a week
3. Examination of the kidneys and other organs for irritants 7. Marks of violence
4. Examination of the uterine contents 8. Changes in the umbilical cord – attached cord shrinks and dries in 12-24hrs; wound heals in
5. Biological test 2-3 days; scar forms within 10-12 days
6. Examination of some untoward effects of abortion 9. Condition of the heart and blood vessels – ductus arteriosus closes in 3 days; foramen ovale
in the 2-3 months
THERAPEUTIC ABORTION
An abortion which the law allows under some specific justifications CHAPTER 26: INFANTICIDE
Grounds:
1. Cardiovascular conditions as congestive heart failure, auricular fibrillations, repeated INFANTICIDE
hemoptysis, paroxysmal tachycardia. The killing of any child less than three days of age, whether the killer is the parent or grandparent,
2. Renal conditions as chronic nephritis, previous eclampsia, pyelitis, tuberculosis. any other relative of the child, or a stranger
3. Pulmonary conditions as advanced tuberculosis.
4. Blood condition as severe anemia. Elements of infanticide:
5. Gynecological conditions as refractory chorea gravidarum. That a child was killed
That the deceased child was less than 3 days (72 hours) of age LEGAL IMPORTANCE
That the accused killed the said child 1. For succession
2. For enforcement of the naturalization and immigration laws
Article 255. Infanticide. KINDS OF CHILDREN
The penalty provided for parricide in article 246 and for murder in article 248 shall be imposed upon A. LEGITIMATE CHILDREN
any person who shall kill any child less than three days of age. A legitimate child is one who is born in lawful wedlock, or within a competent time afterwards.
If the crime penalized in this article be committed by the mother of the child for the purpose of a. Legitimate Children (Proper)
concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum Those who were born in lawful wedlock or within 300 days after the dissolution of marriage
periods, and if said crime be committed for the same purpose by the maternal grandparents or either b. Legitimated Children
of them, the penalty shall be reclusion temporal. Those illegitimate children who, because of subsequent marriage of their parents are, by legal fiction,
considered legitimate.
MOTIVES FOR COMMITTING INFANTICIDE c. Adopted Children
1. To conceal dishonor The child wherein paternity and filiation is established is an adopted child and with all the legal rights
2. Financial reason as a legitimate child in relation to the adopting parents.
3. Desired number of children has already been attained
4. Congenital abnormality of the child B. ILLEGITIMATE CHILDREN
5. Parent is suffering from mental abnormality Illegitimate children are those who were born out of lawful wedlock or after a competent time after
6. Belief that the child will bring bad luck to the family its dissolution
2 WAYS HOW INFANTICIDE IS COMMITTED 1. Natural Children
BY OMISSION OR NEGLECT a. Natural Children (Proper)
1. Failure to ligate the umbilical cord those born outside wedlock of parents who, at the time of the conception of the former, were not
2. Failure to protect from heat and cold disqualified by any impediment to marry each other
3. Failure to ask help from midwife or skilled doctor b. Natural Children by Legal Fiction
4. Failure to supply the child with proper food those children born of void marriages or those born of voidable marriages after the decree of
5. Failure to remove the child from the mother’s discharge which resulted to suffocation annulment.
BY COMMISSION c. Natural Children by Presumption
1. Inflicting physical injuries those natural children acknowledged by the father or the mother separately if the acknowledging
2. Suffocation parent was legally competent to contract marriage at the time of conception
3. Strangulation
4. Drowning 2. Spurious Children
5. Poisoning Illegitimate children who are not natural are considered spurious.
6. Burning a. Adulterous Children:
7. Deliberate exposure to heat and cold These are children conceived in an act of adultery or concubinage.
POSTMORTEM FINDINGS b. Sacrilegious Children:
1. Complete examination of the skin surfaces may show presence of marks of physical These are children born of parents who have been ordained in sacris.
violence. 3. Incestuous Children:
2. Examination of the mouth and upper portion of the alimentary tract may show signs of These are children born by parents who are legally incapable of contracting valid marriage because of
irritation if death is due to poisoning. their blood relationship as marriage between brothers and sisters, father and daughter, etc.
3. Laceration or other forms of injury of the upper portion of air passage with deformity of the 4. Manceres
trachea and larynx. These are children conceived by prostitutes. It is very difficult to determine the father because of the
4. The lungs may show petechial hemorrhages, emphysema, or signs of drowning. nature of the business.
5. There may be fracture of the bones, laceration of the internal organs, cerebral hemorrhages,
etc. EVIDENCE OF PATERNITY AND FILIATION
6. In cases of poisoning, the organs must be preserved and sent to a competent toxicologist for MEDICAL EVIDENCES
proper analysis. 1. Parental likeness
2. Blood Grouping Test
CHAPTER 27: PATERNITY AND FILIATION 3. Evidences from the mother
Paternity is the civil status of the father with respect to the child begotten by him. 4. Evidences from the father
Filiation is the civil status of the child in relation to its mother or father. NON-MEDICAL EVIDENCES
 1. Record of birth in the Civil Registrar, or by an authentic document or a final judgment (Art.
265, Civil Code).
2. Continuous possession of the status of a legitimate child (Art. 266, Civil Code).
3. Any other evidences allowed by the Rules of Court and special laws (Art. 267, Civil Code).
CHAPTER 28: PATERNITY AND FILIATION ON NON-CONVENTIONAL METHODS OF
ARTIFICIAL INSEMINATION
a medical procedure by which the semen is introduced into the vagina by means other than copulation
for the purpose of procreation
Artificial Insemination Classified According to the Source of Semen:
1. A.I.H. (Artificial Insemination Homologous, Artificial Insemination Husband) — When the
sperm comes from the husband.
2. A.I.D. (Artificial Insemination Donor, Artificial Insemination Heterologous) — W hen the
sperm comes from a donor other than the husband.
3. A.I.H.D. (Artificial Insemination Husband Donor, Polled Donor Semen) — When the
donor semen comes from the husband and a third party donor.
Medical Indications for Artificial Insemination
1. For A.I.H.
a. When the deposition of the husband's semen within the vagina is by coitus, this is
prevented because of anatomic or psychologic difficulties on the part of either husband or
wife;
b. When the infertility is due to poor motility, paucity or otherwise defective sperm cells or
too small a volume of the ejaculant.
2. For A.I.D. or A.I.H.D.
a. Absolute male sterility (Azoospermia);
b. Oligospermia — Less than 10 to 15 million sperm per cc. of semen with infertility of long
duration
c. Hereditary disease in the husband making propagation in- advisable for eugenic reason; or
d. An Rh blood incompatibility is expected to cause an abnormal baby in situations where
other techniques to overcome such incompatibility are not applicable.
IN VITRO FERTILIZATION
the fertilization of the egg cell by the sperm cell extracted from the respective donors placed in an
artificial medium and after reaching a certain stage of cellular division and development: 1.
Implanted into a woman's uterus, or 2. Gestation (development of the embryo to a child) in an
artificial womb.
OTHER NON-CONVENTIONAL METHODS OF PROCREATION
1. Artificial Inovulation — The removal of an unfertilized egg from a woman and placing it
on the reproductive tract of another woman.
2. Embryo Transplantation — The removal of a fertilized egg from a woman's uterus to
transfer to that of another woman's uterus.
3. Parthenogenesis ("Virgin Birth") — A type of sexual reproduction whereby the unfertilized
egg with 23 chromosome compliment doubled its content to become a diploid cell that
starts dividing as if it is a fertilized egg without the intervention of a male sperm cell, the
resulting offspring is thus a female. It has been speculated that virgin birth occurs naturally
in human being at the rate of one per three billion pregnancies.
4. Cloning — A type of a sexual reproduction whereby the nucleus of a female egg is
removed (enucleation) which contains the genetic material and replaced with the nucleus of
a body (somatic) cell of the same or another woman (renucleation). The renucleated egg is
then placed in a uterus for gestation and normal development. The resulting offspring is
genetically identical to the parent.
CHAPTER 29: MEDICO-LEGAL ASPECT OF MARITAL UNION AND
DISSOLUTION
Article 1.
Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code.
AS TO REQUISITES OF A VALID MARRIAGE
Article 2:
No marriage shall be valid, unless these essential requisites are present:
Legal capacity of the contracting parties who must be a male and a female;
Consent freely given in the presence of the solemnizing officer
Article 3:
The formal requisites of marriage are:
Authority of the solemnizing officer;
A valid marriage license except in the cases provided for in Chapter 2;
A marriage ceremony which takes place with the appearance of the contracting parties before
the solemnizing officer and their personal declaration that they take each other as husband and
wife in the presence of not less than 2 witnesses of legal age.
Article 5:
Any male or female of the age of 18 years or upwards not under any of the impediments may
contract marriage
Article 14:
In case… are between ages of 18 and 21, they shall.. Exhibit to the Local Civil Registrar the
consent to their marriage of their father, mother, surviving parent or guardian or persons having
legal charge of them..
Article 15:
Between 21 and 25: obliged to ask parents or guardian for advice upon intended marriage. If
none, license shall be issued after 3 months following publication of application
Article 37:
Marriages between the following are incestuous and void from the beginning whether the
relationship between the parties be legitimate or illegitimate:
Between ascendants and descendants of any degree;
Between brothers and sisters, whether of the full or half-blood.
Article 38:
The following marriages shall be void from the beginning for reasons of public policy:
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the 4th
civil degree
2. Between step-parents and step-children
 3. Between parents-in-law and children-in-law the parents, guardian or person having substitute parental authority over the party, in
4. Between the adopting parent and the adopted child that order, unless after attaining the age of 21, such party freely cohabited with the
5. Between the surviving spouse of the adopting parent and the adopted child other and both lived together as husband and wife;
6. Between the surviving spouse of the adopted child and the adopter 2. That either party was of unsound mind, unless such party, after coming to reason,
7. Between an adopted child and a legitimate child of the adopter freely cohabited with the other as husband and wife;
8. Between adopted children of the same adopter 3. That the consent was obtained by fraud…;
9. Between parties where one, with the intention to marry the other, killed that other 4. That the consent was obtained by force, intimidation or undue influence…;
person’s spouse, or his or her own spouse 5. That the party was physically incapable of consummating the marriage with the
other… incapacity continues and appears to be incurable;
AS TO MARITAL RELATION 6. That either party was afflicted with a STD found to be serious and incurable.
Article 68.
The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and Article 46: Any of the following constitutes as fraud:
render mutual help and support. 1. Non-disclosure of a previous conviction by final judgment of the other party of a
Article 69. crime involving moral turpitude;
The husband and wife shall fix the family domicile. In case of disagreement, the court shall 2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant
decide. by a man other than her husband;
The court may exempt one spouse from living with the other if the latter should live abroad or 3. Concealment of STD at the time of marriage;
there are other valid and compelling reasons for the exemption. However, such exemption shall 4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism at
not apply if the same is not compatible with the solidarity of the family. the time of marriage

Article 70. AS TO LEGAL SEPARATION

The spouses are jointly responsible for the support of the family. The expenses for such support 2 kinds of divorces
and other conjugal obligations shall be paid from the community property and, in the absence 1. Absolute divorce (divorce a vinculo matrimonii)
thereof, from the income or fruits of their separate properties. In case of insufficiency or absence Marriage is dissolved
of said income or fruits, such obligations shall be satisfied from their separate properties. 2. Relative divorce (divorce a mensa et thoro)
Marriage is not dissolved; parties are separated from bed and board
Causes of Sexual Dissatisfaction after marital union
1. Fear of consequence of repeated abortion Article 55. Grounds for legal separation
2. Fear of unwanted pregnancy 1. Repeated physical violence or grossly abusive conduct;
3. Faulty contraceptive methods 2. Physical violence or moral pressure to change religious or political affiliation;
4. Emotional frustration due to infertility 3. Attempt to corrupt or induce to engage in prostitution or connivance in such corruption or
5. Ignorance of reproductive process and genital anatomy inducement;
6. Disparity in age 4. Final judgment sentencing the respondent to imprisonment of more than 6 years;
7. Venereal disease 5. Drug addiction or habitual alcoholism;
8. Infidelity 6. Lesbianism or homosexuality of the respondent;
7. Contracting a subsequent bigamous marriage;
Some common complaints after marital union 8. Sexual infidelity or perversion;
1. Male sex inadequacy 9. Attempt against life of petitioner;
2. Anxiety over economic security 10. Abandonment of petitioner by respondent without justifiable cause for more than 1 year.
3. Too frequent pregnancy
4. Lack of privacy Adultery and Concubinage
5. Husband’s preference to perversion A. Adultery
6. Prolonged debilitating disease of one of the partners Art. 333, Revised Penal Code — Who are guilty of adultery
7. Faulty attitude of husband and wife toward normal sex and marriage intimacies
Adultery is committed by any married woman who shall have sexual intercourse with a man not
AS TO ANNULMENT OF MARRIAGE her husband and by the man who has carnal knowledge of her, knowing her to be married, even
Article 45: if the marriage be subsequently declared void.
The marriage may be annulled for any of the following causes, existing at the time of marriage: Adultery shall be punished by prision correccional in its medium and maximum periods.
1. That the party in whose behalf it is sought to have the marriage annulled was 18 years
of age or over but below 21, and the marriage was solemnized without the consent of
 B. Concubinage: Acquired – diseases of the testes, excision of ovaries, diseases of ovaries, occlusion of fallopian
Art. 334, Revised Penal Code — Concubinage tubes
Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit Methods of Sterilization
with her in any other place, shall be punished by prision correccional in its minimum and MALE
medium periods. 1. Orchiectomy – removal of testicles (no sperm production)
The concubine shall suffer the penalty of destierro 2. Vasectomy – vas deferens cut and tied so that sperm from testicle cannot pass through
to the urethra
Ways of Committing the Crime:
Keeping a mistress in the conjugal dwelling; or FEMALE
Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; 1. Oophorectomy – removal of the ovaries
or 2. Tubal ligation or salpingectomy – fallopian tubes are cut and tied
Cohabiting with her in any other place. 3. Hysterectomy – removal of the uterus
CHAPTER 31: MEDICOLEGAL ASPECT OF DISTURBANCE OF MENTALITY
CHAPTER 30: IMPOTENCY AND STERILITY
IMPOTENCY INSANITY
Impotency is the physical incapacity of either sex to allow or grant to the other legitimate sexual - Insanity may be defined in its sociological, medical and legal concept.
gratification. A person may be impotent but not sterile, or sterile but not impotent although both - (Sociological viewpoint) Insanity is the persistent inability through mental causes to
conditions may exist at the same time. adapt oneself to the ordinary environment.
- (Medical) It is the prolonged departure of the individual from his natural mental state
Legal Importance of Impotency arising from bodily disease.
1. Will overthrow the presumption of legitimacy - (Legal) Insanity in law covers nothing more than the relation of a person and the
2. Ground for annulment of marriage particular act which is the subject of judicial investigation.
3. Defense in rape - The term insanity is commonly used to be synonymous with lunacy, madness,
4. A cause to the development of abnormal sexual behavior unsoundness of mind, mental derangement, mental disorder or mental aberration or
5. A cause for the development of suicide tendency. alienation.

Causes of Impotency LEGAL IMPORTANCE OF THE DETERMINATION

General or Functional 1. In the Civil Code
1. Age - as long as there is erection in the male, he is potent a. A restriction on the capacity of a natural person to act
2. Illness – brain and spinal cord diseases, mumps b. Modifies or limits the capacity of a natural person to act
3. Emotion – vaginismus due to pain c. Ground for annulment of marriage
4. Hormonal dysfunction d. Must be of sound mind at the time of execution of a will
Local or Organic e. A witness to a will must be of sound mind
1. Congenital defects – nondevelopment/maldevelopment of penis, absence of vagina, f. Insanity of testator is ground for disallowance of a will
poorly developed vagina g. An insane cannot give consent to a contract
2. Disease or accident – acute penile diseases like gonorrhea, vaginal ulceration, vulvae h. The guardian or the insane shall be held liable for damages due to insanity
diseases
2. In the Revised Penal Code
STERILITY a. Insanity exempts a person from criminal liability
Sterility is the loss of power of procreation and is absolutely independent of whether or not b. Suspension of personal penalty when a convict shall become insane or an imbecile
impotence is present. A man or a woman may be sterile and yet not impotent, and impotent yet after final sentence
not sterile. 3. In the Rules of Court
a. A guardian on the person of the insane must be appointed
Causes of Sterility b. An insane cannot be a witness in court
General or Functional
No spermatozoa in the seminal fluid before puberty = sterile FACTORS IN THE DEVELOPMENT OF MENTAL DISORDER
Local Causes 1. Heredity — most frequent; history reveals mental illness manifested by ascendants.
Congenital – absence of testicle/penis, absence of ovary/uterus 2. Incestuous marriage, blood incompatibility of parents, maternal infection during the
early stage of pregnancy.
 3. Impaired vitality — Mental worry, grief, physical strain, unhygienic surroundings, b. Depression — Feeling of miserable thought, that a calamitous incident occurred in his
infection, birth trauma may predispose a person to mental disorder. life, something has gone wrong with his body functions and prefers to be quiet and in
4. Poor moral training and breeding seclusion.
5. Psychic factors — Emotional disturbance, such as love, hatred, passion, c. Apathy — Serious disregard of the surrounding environment.
disappointment. d. Phobia — Excessive, irrational and uncontrollable fear of a perfectly natural situation
6. Physical factors: or object.
a. Non-toxic — Exhaustion resulting from severe physical and mental strain, illness, Ex. Ornithophobia, claustrophobia, hematophobia
cerebral hemorrhage, trauma on the skull affecting the brain.
b. Toxic — This may be produced by excessive formation or deficient elimination of DISORDER OF VOLITION (DOING)
waste product of metabolism; by microbic infection, or excessive use of certain drugs. Impulsion or Impulse (Compulsion)
- sudden and irresistible force compelling a person to the conscious performance of
SOME MANIFESTATIONS OF MENTAL DISORDER some action without motive or forethought
a. Pyromania – irresistible impulse to set things afire
DISORDER OF COGNITION (KNOWING) b. Kleptomania – irresistible impulse to steal articles
Disorder in Perception c. Mutilomania – irresistible impulse to maim animals
Illusion - a false interpretation of an external stimulus
Ex. A whistle sound = bomb explosion
Hallucination - an erroneous perception without external object of stimulus DISTINCTION BETWEEN FEIGNED AND TRUE INSANITY
Types: visual – seeing things although not present; auditory – hearing voice in absolute FEIGNED INSANITY
silence - Develops suddenly
- No peculiar facial expression
Disorder of Memory - Symptoms only observed when he is conscious that he is under observation
Dementia – a form of insanity resulting from degeneration of the brain characterized by - Symptoms may be complete, numerous and may clinically refer to a specific clinical
general mental weakness, loss of coherence and total inability to reason but not accompanied by disease
delusion or uncontrollable impulse - Violent exertion leads to early exhaustion
Acute Dementia – temporary; occurs in young people; induced by malnutrition, - Observes rules of personal hygiene and does not look dirty and filthy
overwork TRUE INSANITY
Senile Dementia – in advanced age; loss of memory with childish and silly - Develops insidiously
behavior & physical degeneration - With peculiar facial expression
Amnesia – loss of memory (anterograde; retrograde) - Remission of symptoms
- More tendency to point to a specific clinical entity
Disorder of Content of Thought - Can withstand violent exertion without any sign of exhaustion and fatigue
Delusion – a false or erroneous belief in something which is not a fact - Filthy and does not observe hygiene
Delusion of grandeur - great power, wealth, physical strength; delusion of reference –
subject matter of convos Steps in the Diagnostic Procedure of Mental Affection
Obsession – thought and impulse which continually occur in the person’s mind despite all 1. Anamnesis
his attempts to keep them out Family History; Personal History: Information from relatives, friends, and neighbors
Disorder on the Trend of Thought 2. Physical Examination
Mania – state of excitement accompanied by exaltation which is out of harmony with the 3. Instrumentation
surrounding circumstances of the patient; “flight of ideas”; impatient, irritable, sleepless, blunted ECG, EEG, scans
instincts 4. Mental Examination
Melancholia – intense feeling of depression and misery which is unwarranted by his Psychiatric and psychologic testing
physical condition and external environment; potential suicide case
Manic-depressive psychosis – alternative condition of mania and melancholia with Insanity and Criminal Responsibility
lucid intervals - A sane man is assumed to be wholly responsible for the consequence of his criminal
act.
DISORDER OF EMOTION (FEELING) - A person who commits a criminal act is presumed to be sane. The burden of proof lies
a. Exaltation — Feeling of unwarranted well-being and happiness. on the accused to prove that he is not sane and cannot be held responsible for his
criminal act.
 - The crime is always considered to be an affair of the mind as well as the body and to 4. To increase civil liability
make an act or omission of a crime, there must be a criminal act (actus reus) and a 5. To promulgate sympathy
criminal mind (mens rea). This is inconsonance with the legal maxim that "actus facit
reum nisi mens sit rea" (There cannot be a guilty act unless there is a guilty mind). Types of Malingering
1. or Fictitious Malingering
MENTAL DEFICIENCY Built up out of pure imagination and does not have the slight basis of fact
the below-normal intellectual functioning which originates from the arrest or incomplete 2. Factitious Malingering
development of the mind during the development period below the age of 18 which may be Form of malingering whereby something really exists as a fact but is converted to a more
induced by various factors associated with the impairment of learning, social adjustment or serious disability or injury, or to an exaggeration of the real complaint
maturation.
Ways to Determine Malingering
New Classification No specific test
1. General Procedures
Observe the patient during unguarded moments; do complete history and PE
2. Specific Procedures

OTHER CONDITONS MANIFESTING OR SIMULATING DISTURBANCE OF

MENTALITY
SOMNAMBULISM
Performing an act while in the state of natural sleep
SEMISOMNOLENCE OR SOMNOLENCIA
Half asleep or in condition between sleep and waking
HYPNOTISM OR MESMERISM
Made unconscious by the suggestive influence of the hypnotist
DELIRIUM
State of confusion of the mind; incoherent speech, hallucination, illusions, delusions,
restlessness and purposeless motions

Methods of Estimating Mental Capacity

Intelligence Tests
Performance Tests (Don’t require the use of language)
Good enough draw-a-person test
Raven progressive matrices test
Verbal Test
Mixed (Verbal and Non-verbal) Test
Binet test
Wechsler Tests
Intelligence Quotient (IQ)

Mental Deficiency and Criminal Responsibility

- Imbecility and Idiocy are exempting circumstance to criminal liability

MALINGERING
Malingering is the feigning or simulation of a disease or injury characterized by ostentation,
exaggeration and inconsistency.

Causes of Malingering
1. To avoid military or naval training
2. To avoid court summons
3. As a defense to a criminal prosecution