COLLEGE OF CRIMINAL JUSTICE EDUCATION

LEGAL MEDICINE (Crim 7 ) LECTURE NOTES

UNIT 1`INTRODUCTION
I. Definition of Terms
a. Legal Medicine-branch of medicine which deals with the application
of medical knowledge to the purposes of law and in the
administration of justice
b. Law-rule of conduct, just, obligatory, laid by the legitimate power for
the common observance and benefit
c. Forensic-denotes anything belonging to the court or legal
proceedings, or something fitted for legal or public argumentations
d. Legal-that which pertains to law
e. Medicine-science and art dealing with prevention, cure and
alleviation of disease
f. Jurisprudence- practical science which investigates the nature,
origin, development and functions of law

II. Branches of Law

a. Civil Law-a mass of precepts that determines and regulates the
relation of assistance, authority and obedience between members of a
family and those which exist among members of the society for the
protection of private interest
b. Criminal Law-branch or division of law which defines crimes, treats
their nature and provides for their punishment
c. Remedial Law-branch or division of law which deals with the rules
concerning pleadings, practices and procedures in all courts of the
Philippines
d. Special Laws
a) Comprehensive Drug Act of 2002
b) Insurance Law
c) Code of Sanitation
d) Labor Code
e. Lex Scripta/Written Law vs Lex Non-Scripta/Non-Written Law
Written Law-in writing eg. Bill of Rights found in the constitution.
Non- written law due to customs and traditions eg pamanhikan,
Canyao among Cordillerans

III. History of Legal Medicine

Worldwide scale
Imhotep (2980 BC) –earliest recorded medico-legal expert, builder of the
first pyramid, chief physician and architect of king Zoser
Code of Hammurabi (2200 BC) oldest code of law, included legislations on
adultery, rape, divorce, incest abortion and violence
Hippocrates(460-355 BC) discussed the lethality of wounds
Aristotle (384-322) fixed animation of fetus at 40th day of conception
Antistius first police surgeon or forensic pathologist, performed autopsy on
Julius Ceasar and found 23 wounds, 1 penetrated the chest cavity through
the space between the first and second rib
Pope Gregory IX caused the preparation of Nova Compilatio Decretalium
which concerned medical evidence, marriage, nullity, impotence, delivery,
sexual offenses
Crime against person and witchcraft
Pope John XXII- expressed the need of legal experts in the diagnosis of
leprosy many medico-legal courts
His Yuan Lu (Instruction to the Coroner) a five volume book dealing with
inquest, criminal abortion, infanticide, drowning, burning, poisoning and
antidotes
Ambroise Pare (1575) discussed in his book, abortion, infanticide, death by
lightning, hanging, drowning, distinction between antemortem vs postmortem
wound
Paulus Zacchias (1584-1659) the father of Forensic Medicine, a papal
physician, published Questiones Medico-legales which deals with legal
aspects of wounds and detection of secret homicide
Severin Pineau published work on virginity and defloration. He confirmed
the existence of the hymen and that it may not rupture during sexual
intercourse
Orfila founder of modern toxicology

Philippine setting
1871,teaching of Legal medicine is included as academic subject in the
foundation of the School of Medicine of the Real y Pontifica Universidad de
Santo Tomas
Medico Titulares was created in March 31, 1876 and made in charge of
public sanitation and medico-legal aid in the administration of justice
December 10, 1937 the Commonwealth Act No. 181 was passed creating
the Division of investigation under the department of Justice
1945, after the liberation of the city of Manila, the Provost Marshal the US
army created the criminal investigation Laboratory with Dr. Mariano Lara as
chief Medical Examiner
June 19, 1947-RA 157 creating the Bureau of Investigation was passed, Dr.
Enrique delos Santos as Chief
On December 23, 1975 PD 856 was promulgated sec 95 provides:
a. Persons authorized to perform autopsies
i. Health officers
ii.Medical officers of law enforcement agencies
iii. Members of the Medical staff of accredited hospitals
b. Autopsies shall be performed in the following cases
 i. Whenever required by special laws
ii.Upon order of a competent court, a mayor and provincial or city
fiscal
iii. Upon written consent of police authorities
iv. Whenever the solicitor general deemed it necessary
v. Whenever the nearest of kin shall requesting writing the
authorities concerned to ascertain the cause of death

IV. Evidence-species of proof , or probative matter, legally presented at the

trial of an issue by the act of the parties
Types of Medical Evidence
A. Autoptic/ Real Evidence—evidences made known to the senses of the
court
B. Testimonial Evidence-done on the witness stand
- Ordinary Witness-testifies on matters he/she perceives
- Expert Witness-on account on his training and experience can
give his opinion on a set of facts ex. Doctors, engineers
C. Experimental Evidence-to confirm allegations through experiments
D. Documentary Evidence-uses documents
Medical Documentary Evidence may be:
1) Medical Certification report on:
a. Medical Examination
b. Physical Examination
c. Necropsy/Autopsy
d. Laboratory
e. Exhumation
f. Birth
g. Death
2) Medical Expert Opinion
3) Deposition- written record of evidence given orally and
transcribed into writing in the form of questions by the
interrogator and theanswer of the deponent and signed by
the latter
E. Physical Evidence articles and materials are found in connection with
the investigation
Types of Physical Evidence
a. Corpus delicti Evidence- part of the body of the crime
b. Associative Evidence-links a suspect to the crime
c. Tracing Evidence-assist the investigator in locating the suspect
IV. Preservation of Evidences
1. Photographs audio and or videotape
2. Sketching
- Kinds of Sketch
i. Rough Sketch
ii.Finished Sketch
 - Essential elements to be included in a Sketch
i. Measurement must be accurate
ii.Compass direction must always be indicated to
facilitate proper orientation in the case of the crime
scene
iii. Essential item which has a bearing in the
investigation must be included
iv. Scale and proportion must be stated by mere
estimate
3. Description-putting into words the person or thing to be preserved
4. Manikin method-miniature model
5. Preservation of the Mind of the witness
- Drawbacks
a. The capacity of a person to remember time, place and events
maybe destroyed
b. The preservation is co-terminus with the life of the witness
 c. Human mind can easily be subjected to too many extraneous
factors that may cause distortion of truth
6. Special ways of preservation
- Whole human body-embalming
- Soft tissues-10% formalin
- Blood-refrigeration, sealed bottle
- Stains (blood, semen)-drying
- Poison-sealed container
7. Kinds of Evidence Necessary for Conviction
- Direct Evidence
- Circumstantial Evidence
V. Weights and Sufficiency of Evidence
The following must be considered:
1. All the facts and circumstances of the case
2. the witness manner of testifying
3. The nature of the facts to which the witnesses testify
4. The probability and improbability of the witness testimony
5. The interest or want of interest of the witnesses
6. Credibility of the witness
7. The number of the witnesses presented

Assignment No. 1
1. Give 3 other examples of non-written law in your culture. In your own opinion
should this laws still be practices in this modern times? Explain (10 pts)
2. Give 2 examples each for Corpus delicti, Associative evidence and tracing
evidence (6 pts)
3. What is the composition of the embalming agent used for the dead? (4 pts)