CHAPTER 1 LEGAL MEDICINE
administration of justice.
Legal Medicine
- Is that branch of medicine that
applies, medical and surgical
concepts, scientific knowledge and
skills to medico legal issues, in
order to assist the trier of facts in
the proper dispensation of justice.
Medical Jurisprudence
- is the study of the Medical Law and
its applicable Jurisprudence that
governs, regulates and defines the
practice of medicine.
• In the Philippines, Legal Medicine is the
appropriate name for Forensic
Medicine.
• Modern Legal medicine has a broad
range of applications, it is used in civil
cases such as paternity and filiation,
annulment of marriage, DNA testing ,
etc.
• In all cases the medical examiner must
conduct an investigation of the crime
scene and also an autopsy.
TECHNIQUES OF LEGAL MEDICINE:
- Legal Medicine uses sophisticated
laboratory techniques to detect the
presence of substances in the
victim, in the suspected criminal, or
at the crime scene.
- Forensic examination of substances
found at a crime scene can often
establish the presence of the
suspect at the crime scene.
LEGAL MEDICINE AND THE LEGAL SYSTEM
- Courts routinely call upon
physicians to give expert testimony
in a trial, especially concerning the
findings of an autopsy and the
results of laboratory tests.
- As an expert witness he is allowed
to express an opinion about the
validity of the evidence in a case
and may quote the statements of
other experts in support of an
opinion.
- Ordinary testimony is restricted to
statements concerning what the
witness actually saw or heard.
- The evidence to be presented by
the legal medicine expert must
signify a relation between the facts
called the “ Factum Probandum” or
proposition to be established and
the “ factum Probans” which is the
material evidencing the proposition.
- The Physician must present
RELEVANT, MATERIAL AND
COMPETENT EVIDENCE.
HISTORY OF LEGAL MEDICINE:
- Paulus Zacchias ( 1584 – 1659 ) is
the ‘ Father of Forensic Medicine”.
He was the first to describe the
importance and application of
1
medicine to the proper
- In the Phil. , the father of Legal
Medicine can be rightfully bestowed
to Dr. Pedro P. Solis. His book on
Legal Medicine copyrighted in 1987,
contains the most extensive treatise
and teachings in Philippine Legal
Medicine.
APPLICATION OF LEGAL MEDICINE TO
LAW:
Legal Medicine is Applied to Law
1. Civil law
- the determination and
termination of civil personality
- the limitation or restriction of a
natural person’s capacity to act
- marriage and legal separation
- paternity and filiation
- testamentary capacity of a
person making a will
- the right to hereditary
succession
2. Criminal Law
- Felonies and circumstances which
affect criminal liability
- Civil liability ex delictu
- Crimes relative to opium and
prohibited drugs
- Crimes against persons
- Crimes against chastity
- Crimes against civil status of
persons
- Quasi – offenses
3. Remedial Law
- Physical and Mental Examination of
a person
- Hospitalization of insane persons
- Rules of Evidence
4. Special Laws
- Dangerous Drug Act
- Youth and Child Welfare Code
- Sanitation Code
- Insurance law
- Labor Code
- Employees Compensation Law
5. CORPUS DELICTI
- Is the body or substance of the
crime and is defined as the fact that a
crime actually has been committed. In
all criminal prosecutions, the burden is
on the prosecution to prove the corpus
delicti.
QUANTUM OF PROOF
1. In Civil Cases – the quantum of proof
necessary to prove a civil complaint is a
PREPONDERANCE OF EVIDENCE. The
party filing or bringing a civil complaint
has the burden of proof and must
establish the truth and righteousness of
his allegations by a preponderance of
the evidence admitted by a competent
court.

2. In Criminal Cases
– the quantum is proof beyond
reasonable doubt.
- In a criminal case the accused is
entitled to an acquittal, unless his
guilt is shown beyond reasonable
doubt
- Presumption of INNOCENCE is a
conclusion drawn by the
constitution and the law in favor of
the accused , while REASONABLE
DOUBT, is a condition of mind
produced by proof resulting from
evidence in the case.
3. To establish matters of defense
- The doctrine of reasonable
doubt applies only to incriminative
facts.
4. To establish self defense
- One who sets up SELF
DEFENSE “ must rely on the strength of
his own evidence and not on the
weakness of that of the prosecution”.
5. To establish Alibi
- It must be proved by positive,
dear and satisfactory evidence. “ Oral
Evidence” of alibi is so easily
manufactured and usually unreliable
that it can rarely be given credence.
6. In Administrative Complaints
- In cases filed before
administrative or quasi judicial bodies,
a fact maybe deemed established if it
supported by “ substantial evidence”
which means that amount of relevant
evidence which a reasonable mind
might accept as adequate to justify a
conclusion.
CHAPTER 2 MEDICAL AND HOSPITAL
JURISPRUDENCE
Medical Jurisprudence:
- Is the study of the Medical Law and
its applicable Jurisprudence, that
governs, regulates, and defines the
practice of medicine.
- It includes the rights, duties,
obligations and liabilities of both
physician and patient to each other
in a physician patient professional
contract.
The Following Acts Constitute the
Practice of Medicine:
1. To physically examine and diagnose
a patient.
2. To physically examine and treat a
patient
3. To physically examine and perform
surgery in a patient
4. To physically examine and prescribe
any remedy to a patient.
2
• Any person who practice any of the
above acts enumerated, without any
valid certificate of registration as a
physician, is practicing illegal medicine.
The Nature of the Physician Patient
Professional Relationship is
1. Consensual:
- based on mutual consent of both
patient and physician.
- Contracts that are consensual in
nature, are perfected upon mere meetings
of the minds
2. Fiduciary:
- founded in trust, faith, and
confidence reposed by one person in the
integrity and fidelity of another.
DUTIES AND OBLIGATIONS OF THE
PHYSICIAN TOWARDS HIS PATIENTS:
1. He must possess that knowledge and
skill possessed by an average physician.
2. He must use such knowledge and skill
with ordinary care and due diligence.
3. He is obliged to exercise his best
judgment
in good faith.
4. He has the duty to keep the secrets and
confidentialities of his patients.
• The Terms and Conditions not included
in the Physician Patient Professional
Relationship Contract ( refer to book )
• The only promise or guaranty that the
law requires is that, the physician will
treat the patient in accordance with the
standards of medical care.
PATIENTS RIGHTS RESPECTED BY
PHYSICIANS:
1. The right to appropriate medical care
and humane treatment.
2. The right to his religious belief.
3. The right to refuse treatment.
4. The right to Informed Consent.
5. The right to choose his physician.
6. The right to medical records.
7. The right to privacy and confidentiality.
8. The right to a second or third opinion.
9. The right to leave.
10. The right to information.
11. The right to self determination.
12. The right to refuse participation in
medical research
13. The right to express grievance
14. The right to be informed of his rights and
obligations.
• Obligations of the Patients to their
Physicians ( Refer to Book )
• SOCIATAL RIGHTS OF THE PATIENTS
FROM THE GOVERNEMNT ( Refer to
Book )
RIGHTS INHERENT IN THE PRACTICE OF
MEDICINE:
1. The right to choose his patients
2. The right to limit the practice of his
profession
3. The right to determine appropriate
treatment procedures in the discretion and
judgment of the physician.
4. The right to avail of hospital privileges
after being qualified.
5. The right to receive just and fair
compensation from his patients.
Liabilities of a Physician Which May Arise
from His Negligent or Wrongful Acts or
Omissions:
1. Administrative Liability
- A complaint under oath can be filed
before the Professional Regulation
Commission Board of Medicine, for
reprimand, of the license to practice
medicine.
2. Criminal Liability
- When an act or omission constitutes a
crime, the physician can be imprisoned or
fined or both, as any other profession.
3. Civil Liability
- The aggrieved party can be awarded
monetary damages for any wrongful or
negligent act or omission, when the
professional is found guilty.
CASES ( Refer to Book )
• Ex. Negligent or Wrongful Act
Medical malpractice is a particular form
of negligence which consists in the
failure of a physician or surgeon to
apply to his practice of medicine that
degree of care and skill which is
ordinarily employed by the profession
generally, under similar conditions, and
in like surrounding circumstances
There are Four Elements involved in
medical negligent cases:
1. Duty
2. Breach
3. Injury
4. Proximate Causation – It has been
recognized that expert testimony is
usually necessary to support the
conclusion as to causation.
• Ex. Whether A Hospital may be Held
Liable for the Negligence of Physicians
– Consultants allowed to Practice in its
Premises.
CHAPTER 3 DEATH
Legal Presumption of Death:
- If absent without explanation from
his or her usual or last place of
residence for a long continuous
period.
- Circumstantial proof of death
Ex. a passenger on an airplane that
crashed is considered to have died
even if no remains can be
recovered.
3
• Rules of Evidence in Rule 131, section 5
paragraph X, paragraph JJ, and
paragraph KK.
• In common law the presumption of
death does not arise until the expiration
of seven years of continuous absence.
DEATH – IS THE COMPLETE CESSATION OF ALL
THE VITAL FUNCTIONS OF THE BODY WITHOUT
POSSIBILITY OF RESUSCITATION. THE
ASCERTAINMENT OF DEATH IS A MEDICAL AND
NOT A LEGAL PROBLEM.
Death maybe
A. Brain Death – occurs when there is a deeply
irreversible coma, and absence of electrical
brain activity.
B. Cardio Respiratory Death – occurs when
there is continuous and persistent cessation of
heart action and respiration.
4 Kinds of Death:
1. Clinical or Somatic Death
2. Brain Death
3. Biological Death
4. Cellular Death
Clinical or Somatic Death
- This particular kind of death occurs
when in the judgment of the
physician with the use of his clinical
eye the body’s vital signs of life
cease to exist continuously and
permanently.
- The clinical death is verifiable only
by a physician after he observes
that the patient no longer has a
heart beat no pulse rate, no
spontaneous breathing and
movement, with the pupils of the
eye widely dilated and not reactive
to light and accommodation.
- When a clinically dead person is
brought to the morgue the
generalized contraction of the
muscles or Rigor Mortis of the body
within 3 to 6 hours, may simulate a
return to life, because of the motion
or movement of the body.
BRAIN DEATH
- This kind of death follows clinical
death – almost immediately unless
resuscitative procedures are started
promptly, because the human brain
under normal conditions cannot
survive loss of oxygen for more
than 6 to 10 minutes.
- Brain Death may occur in the
Stage 1 – Cerebral Cortex- the
highest center of the brain that is
most sensitive to changes in the
supply of oxygen and blood to the
brain. When the cerebral cortex
dies, the patient is in cortical death.
Stage 2 - Cerebellum – It deals with
the function of equilibrium. It
 follows the death of the cerebral
cortex.
Stage 3 – Brainstem and Vital
centers – These centers controlling
respiration, heart rate and blood
pressure, ultimately die. When it
does, the patient is, Brain Stem
Dead.
- If the brain stem is damaged, then
the vital centers in the medulla
maybe destroyed, causing the
respiratory center to fail.
- The occurrence of brain stem death
is equivalent to Legal Death, so that
Doctors can now issue a Death
Certificate, even though the heart is
still beating, and make
arrangements to harvest donor
organs and tissues at this stage.
- Further, in the presence of brain
stem death, artificial respirators
only achieve the maintenance of an
oxygenated circulation through a
corpse or cadaver.
CRITERIA FOR DIAGNOSING BRAIN
STEM DEATH. ( refer to textbook )
Persistent Vegetative State ( PVS )
- This condition exists, when
irreversible destruction of the
Cortex of the brain occurs without
damage to the vital centers, and
there are permanent eyes – open
state of unconsciousness, but cardio
respiratory functions continue,
sometimes without respiratory
assistance, but most often with
respiratory support.
- They do not however match the
clinical criteria of Brain Death, in as
much as they have elicitable
reflexes, spontaneous respirations
and reactions to external stimuli.
HARVARD CRITERIA OF WHOLE BRAIN
DEATH:
1. Unreceptivity and Unresponsitivity
2. No spontaneous movements or
breathing
3. No reflexes
4. Flat EEG of Confirmatory value
WHOLE BRAIN DEAD
- When the brain ceased all functions,
even though the heart continues to
beat. As a rule doctors can legally
declare whole brain death twelve
hours after they have corrected all
treatable medical problems, but the
brain still doesn’t respond even to
induced pain , they eyes do not
react to light and the person
doesn’t breath without a respirator.
BIOLOGICAL DEATH
- All the components of the brain are
dead
- There is also permanent extinction
of bodily life.
4
- It is cardiorespiratory and brain
death altogether with permanent
cessation of all the anatomic and
physiological functions of the body
organs.
CELLULAR DEATH:
- The death of the different parts of
the body occurs at different times
and stages.
- This is the reason why such organs
as the corneas and the kidneys can
be removed immediately after
biological death and transplanted
successfully.
SIGNS OF DEATH:
1. Cessation of heart action and
circulation
2. Cessation of respiration
3. Cooling of the body ( Algor Mortis )
- The temperature of 15 – 20
degrees Fahrenheit is considered as a
certain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye
- There is loss of corneal reflex
CHANGES IN THE BODY FOLLOWING
DEATH
1. Changes in the Muscle
a. Stage of primary flaccidity
b. Cadaveric rigidity or rigor
mortis
- muscular contraction
which develops 3 – 6
hours after death and
may last for 24 – 36
hours.
- may also be utilized to
approximate the length
of time the body has
been dead from 3 to 36
hours
c. Stage of secondary flaccidity
or commencement of
putrefaction
Cadaveric Spasm- is the immediate or
instantaneous spasm or rigidity of the skeletal
muscles occurring at the moment of death due
to exhaustion, etc.
Medico legal Importance of Cadaveric Spasm
( Refer to Book )
2. Changes in the Blood
a. Coagulation of the blood
b. Postmortem lividity or Livor Mortis
3. Autolytic or Auto Digestive Changes After
Death
4. Putrefaction of the Body
PUTREFACTIVE CHANGES OCCURING AFTER
DEATH ( Refer to Book )
Kinds of Putrefaction:
1. Mummification
2. Saponification – This is also called Adipocere
Formation.
3. Maceration
Factors to Consider in Approximating the
Duration of Death in a Cadaver
1. Entomology – The presence of maggots in
the cadaver indicates duration of death for
more than 24 hours
2. Presence of live Fleas in clothing – in death
by drowning, a flea can survive for about 24
hours submerged in water. After 24 hours
submersion in water the fleas die.
3. Blood vessel clots – blood clotting occurs in
6 -8 hours after death.
4. Post Mortem lividity – develops in 3 to 6
hours after death.
5. Rigor Mortis- begins to develop in 3 to 6
hours after death and may last for 24 to 36
hours after death.
6. Onset of decomposition – Decomposition
takes place within 24 – 48 hours after death.
7. Food in the stomach
8. Skeletal soft tissues – soft tissues may
disappear from 1.5 years to 2 years after
burial.
Position of the Body at the time of Death
1. Post Mortem lividity
2. Cadaveric spasm – Death due to violence or
inflicted physical injuries, usually manifest the
position of the body at the time of death.
Ex. In suicide by gunshot wound, the gun
maybe tightly grasped in the hand of the
deceased
In drowning, the victim maybe holding
objects that come in contact with his hands to
cling to life.
MEDICOLEGAL IMPORTANCE OF RIGOR MORTIS
AND CADAVERIC SPASM:
Rigor mortis is utilized to approximate the time
of death. Generalized muscular contractions
occur from 3 to 6 hours until 36 hours.
Cadaveric spasm occurs immediately after
death and is useful to ascertain the
circumstances of death.
Medico Legal Investigation of Death
- Deaths which are not obviously due
to natural causes, but are criminal,
suspicious, accidental, suicidal,
murderous, homicidal, sudden or
unexpected, or unexplained, need
medico legal investigation.
The Death Certificate
- The death certificate is a legal
document necessary for burial of
the dead, as it certifies the
occurrence of death. It is a
document from the Office of the
Civil Registrar General, listing the
particulars of an individual’s death.
- It contains the Immediate Cause or
Primary cause of death, the
antecedent causes and underlying
cause of death
5
Immediate Cause or Primary Cause
of Death
Ex. Suffocation due to drowning
Asphyxia
Cardio – Respiratory Arrest
Antecedent Cause of Death are
events or conditions that
substantially contribute to the
immediate cause of death
Ex. Acute peritonitis, Acute
Hypovolemic shock, Acute Septic
Shock,
Underlying Cause of Death is the
basic cause or bottom line cause of
death. It is the diagnosis of the
patients or victim’s illness or
sickness that resulted to his death
Ex. Acute Appendicitis,
Hepatocarcinoma, Pelvic Fracture,
Stab or Gunshot Wound to the
chest.
Non Natural Causes of Death
Ex. Murder, Homecide, Suicide,
Accident
Death Warrant – is a warrant from the proper
executive authority appointing the time and
place for the execution of the sentence of
death upon a convict judicially condemned to
suffer death.
Manner of Death
- Is the explanation as to how the
cause of death arose, and maybe
either Natural Death or Violent
Death
Lazarus Syndrome
- Is also called Lazarus Phenomenon
is the spontaneous return of
circulation after failed attempts at
resuscitation.
Implications of Lazarus Syndrome
- raise ethical and legal issues for
doctors, who must determine when
medical death has occurred, when
resuscitation efforts should end,
and post mortem procedures such
as autopsies and organ harvesting
may take place.
Lazarus Sign
- Lazarus sign or Lazarus reflex is a
reflex movement in brain dead
patients, which causes them to
briefly raise their arms and drop
them crossed on their chests.
- The phenomenon has been
observed to occur several minutes
after the removal of medical
ventilators used to pump air in and
out of brain dead patients to keep
their bodies alive.
NEAR DEATH EXPERIENCE
 - Refers to a broad range of personal Hemothorax
experiences associated with Flail chest as in multiple rib
impending death, encompassing fractures Cardiac tamponade
multiple possible sensations due to penetrating injuries
including detachment from the b. Potentially Lethal Injuries
body; feelings of levitation etc. b.1. Pulmonary Contussion with
or without flail chest
EUTHANASIA b.2. Thoracic Aortic Tear or
- Meaning good death ( well or good ) Rupture – the most common
- Refers to the practice of ending life cause of sudden death after a
in a painless manner. vehicular accident or fall ( major
- Deliberate intervention undertaken decelaration injury )
with the express intention of ending c. Serious Chest Injuries
life, to relieve intractable suffering 4. Abdomen
Types of Injuries:
Classification of Euthanasia: a. Penetrating
1. Voluntary euthanasia – is euthanasia - Gunshot wounds of the
conducted with consent abdomen carry 95% probability
of significant visceral injury
2. Involuntary euthanasia - A bullet when it hits the
– is euthanasia conducted without consent. abdomen will penetrate the
-is conducted where an individual makes a abdominal wall, enter the
decision for another person incapable of doing abdominal cavity and most
so. likely injure more than one
- also known as physician assisted death, organ.
physician assisted suicide or mercy killing. - The incidence of abdominal
injury is strikingly higher in
3. Passive euthanasia – entails withholding of gunshot wounds than in stab
common treatments wounds.
- The major cause of death is
4. Active euthanasia – entails the use of lethal hemorrhage and this occurs
substances or forces to end life and is the most within the first 24 hours
controversial means. - In stab wounds of the
abdomen , only 2/3 penetrate
CHAPTER 4 REGIONAL TRAUMA the peritoneal cavity; of these
only ½ cause significant visceral
Trauma injury that requires surgical
– is the leading cause of death in the first four repair.
decades of life and the 3rd leading cause of b. Blunt
death in all age groups today. - The spleen and liver are the
-Penetrating trauma particularly handguns is most commonly injured organs
becoming common in nearly all areas of the due to blunt trauma.
country. - Their frequent incidence also
explains why the mortality rate
Trimodal Distribution of Death from Trauma: following blunt trauma is higher
1. Seconds to minutes of injury – due to the than that of penetrating injury.
injury to the brain, high spinal cord, heart,
aorta and other large vessels. These patients 5. Fractures and Dislocations
can rarely be salvaged. The word fracture comes from the Latin
2. Minutes to Few hours from injury ( The word “fractura” which means a break in the
Golden Hour ) continuity of the bone. It is also a combination
- It is in this period that Advanced Trauma Life of a break in the bone and soft tissue injury
Support9 ( ATLS ) techniques are important.
3. Several days to weeks of Injury – these are A. Open Fractures - 90% of open
due to sepsis or organ failure. fractures are caused by vehicular accident.
B. Hip fractures are very common in
SPECIFIC INJURIES elderly people and are usually caused by minor
1. Head falls. It is the most common cause of traumatic
a. Types of Head Injuries: death after the age of 75.
a.1 Hematoma
a.2 Contusions 6. Urologic
a.3 Skull fractures - Hematuria following trauma
a.4 Hemorrhage - Blunt kidney injury is usually
2. Spine and Spinal Cord Injuries due to motor vehicular
The most common causes of severe accidents which account for 70 –
spinal trauma are motor vehicular accidents, 90 % of kidney trauma.
falls, diving accidents, and gunshot wounds. - Penile injury:
3. Chest The erect penis is usually 6 – 8
a. Life Threatening Injuries inches long and 1 -2 inches in
Pnumothorax diameter.

6
 - Avulsion of the prepuce – this
may follow accidents where the
foreskin called prepuce is
detached or lacerated by a blunt
force.
- Fracture of the penis – this is
the traumatic rupture of the
corpora cavernosa penis
resulting from a forceful trauma
to the flaccid organ.
- Amputated penis – the penis of
an avid womanizer is sometimes
intentionally cut or amputated
by a jealous derange wife or
lover.
7. Arterial trauma
8. Burns
CLASSIFICATION OF WOUNDS
1. AS TO LEGAL CLASSIFICATION
Chapter 1
DESTRUCTION OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical Injuries
Inflicted Under Exceptional Circumstances
c. Article 248. MURDER
- Any person who, not falling within the
provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished
by Reclusion Perpetua, to death if committed
with any of the following attendant
circumstances;
1. With treachery
2. In consideration of a price , reward or
promise
3. By means of inundation etc.
4. On occasion of any of the calamities etc.
5. With evident premeditation
6. With cruelty etc
Article 249 HOMICIDE
Article 251. Death Caused in a Tumultous
Affray
Article 252. Physical Injuries Inflicted In a
Tumultuous Affray
Article 253. Giving Assistance to Suicide
Article 254. Discharge of Firearms
Article 255. Infanticide
Article 256. Intentional Abortion
Article 257. Unintentional Abortion – who shall
caused an abortion by violence but not
intentional.
Article 258. Abortion Practiced by the Woman
Herself or By Her Parents
Article 259. Abortion Practiced by a Physician
or Midwife and Dispensing of Abortives
Article 260. Responsibility of Participants in a
Duel
Article 261. Challenging to a Duel
CHAPTER
2 PHYSICAL
INJURIES
a. Article 262. Mutilation – Any person who
shall intentionally mutilate another by
depriving him, either totally or partially , of
some essential organ of reproduction.
b. Article 263. Serious Physical Injuries – Any
person who shall wound, beat, or assault
7
another, shall be guilty of the crime of serious
physical injuries
c. Article 264. Administering Injurious
Substances or Beverages
d. Article 265. Less Serious Physical Injuries –
Any person who shall inflict upon another
physical injuries which shall incapacitate the
offended party for labor for 10 days or more, or
shall require medical attendance for the same
period
e. Article 266. Slight Physical Injuries and
Maltreatment.
- When the offender has inflicted physical
injuries which shall incapacitate the offended
party for labor from one to nine days, or shall
require medical attendance during the same
period.
Chapter 3, RAPE – When and How rape is
committed
1. By a man who shall have carnal knowledge
of a woman under any of the circumstances
a. Through force, threat, or intimidation
b. When the offended party is deprived
of reason or otherwise unconscious
c. By means of fraudulent machinations
or grave abuse of authority
d. When the offended party is under
twelve ( 12 ) years of age or is demented, even
though none of the circumstances mentioned
above is present.
2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
by inserting his penis into another person’s
mouth or anal orifice or any instrument or
object into the genital or anal orifice of another
person.
Classification of Wounds
2. AS TO THE DEPTH OF THE WOUND
a. Superficial – When the wound involves only
the layer of the skin
b. Deep – When the wound involves the
structures beyond the layers of the skin.
b.1 Penetrating – the wound enters the body
but does not come out. Punctured, stab and
gunshot wounds usually belong to this type of
wound.
b.2 Perforating – there is a communication
between the outside, inner and the outer side.
There is both a point of entry and exit.
Classification of Wounds
3. AS TO MORTALITY
a. Deadly Wound- Death results immediately,
after the infliction of the wound. Deadly
wounds though mortal, maybe prevented with
prompt medical treatment.
b. Non Deadly Wounds – Does not result to
death immediately, after the wound is inflicted.
A non deadly wound may cause death later,
due to complications i.e. tetanus, septicemia
Classification of Wounds:
4. AS TO THE WOUNDING INSTRUMENTS USED:
a. Sharp Instruments – Ex. incised wound, B.7. Lacerated wound – result of an injury from
punctured wound, stab wound dagger or a blunt instrument. In cerebral laceration, the
kitchen knife brain tissue is torn often with an
b. Blunt Instruments – A block of wood or iron accompanying visible head wounds and skull
produces contusion, hematoma, abrasions, fractures.
lacerated wound when used to strike, attack, B.8. Bites – they maybe abraded, bruised or
wound, beat or assault another rarely lacerated. They are usually seen in
sexual assaults and in child abuse and also by
Classification of Wounds: animal bites
5. AS TO THE CONSEQUENTIAL INJURY AFTER B.9. Gunshot wounds
THE APPLOCATION OF FORCE
a. Coup Injury - TEST FOR THE PRESENCE OF POWDER
b. Coup Centre Coup Injury RESIDUES:
c. Contre Coup Injury 1. Paraffin test or Dermal Nitrate test – present
d. Locus Minoris resistancia on the skin of the hand dorsum or site of the
e. Extensive injury wound of entrance. This test is not conclusive
because fertilizers, cosmetics, cigarettes, urine
Classification of Wounds: and other nitrogenous compounds with
6. AS TO THE INTEGRITY OF THE SKIN nitrates will give a positive reaction. A negative
A. CLOSED WOUNDS – Presents no break in the test is also not conclusive . The test usually
integrity or continuity of the skin. There maybe gives a positive result even after a lapse of 3
only outward manifestations of injury days or even if the hands are subjected to
internally. ordinary washing
Ex. of closed wounds:
1. petechiae – a circumscribe extravasation of 2. Use of Scanning Electron Microscope with a
blood in the subcutaneous tissue. linked X – ray analyzer. This method appears
2. contusion – effusion of blood into the tissues to be more specific but seldom used because
underneath the skin as a result of a blunt the instrument is expensive.
force. Ex. black eye
3. Hematoma SPECIAL TYPES OF WOUNDS
4. Blunt injury 1. Assailant’s wounds – these wounds are
5. Musculoskeletal injuries sustained by the assailant from the victim,
Ex. Sprain, Dislocation, Fracture, Strain while the former is in the process of attacking,
wounding, assaulting, beating or killing his
Cerebral Concussion – there is a brief loss of victim.
consciousness and sometimes memory after a 2. Defense wounds – in the process of
head injury that doesn’t cause obvious defending himself from the attacks, assault,
physical damage. wounding, beating or violence of the assailant,
the victim sustains defensive wounds usually
Cerebral Contusion – they are bruises to the in the upper extremities.
brain, usually caused by a direct, strong blow 3. Victim’s wounds – these are wounds
to the head. They are more serious than sustained by the victim, from the assailant, the
concussions. former not having the chance or opportunity to
defend himself. The victim’s wounds maybe
B. OPEN WOUNDS located in any part of the body.
- There is a break in the continuity of 4. Self – Inflicted wounds – these are wounds
the skin self inflicted by the person on himself. The
Examples: wounds are usually found on the accessible
1. Abrasion parts of the body, usually with no intention to
2. Bruise kill himself. Unless the victim is insane, self
3. Incised wound inflicted wounds are for a fraudulent or self
4. Stab wound serving purpose.
5. Punctured wound 5. Homicidal wounds – these are the serious
6. Perforating wound wounds sustained by the victim resulting to his
7. Lacerated wound death, from the criminal assailant. Usually the
8. Bites wounds are situated in the areas of the neck,
9. Gunshot wounds chest, the abdomen and the skull.
6. Accidental wounds – these wounds are
B. OPEN WOUNDS – there is a break in the sustained by the victim, without any fault or
continuity of the skin intention whatsoever on the part of the
B.1. Abrasion – Scratch, friction mark accused to inflict the wounds on the victim.
B.2. Bruise – cause by a blunt injury to the The wounds are usually located on any part of
tissues which damage blood vessels beneath the victim’s body.
the surface, allowing blood to extravasate or 7. Suicidal wounds – these are wounds self
leak into the surrounding tissues. inflicted by the victim on himself, and usually
B.3. Incised wound seen on the temple, the roof of the mouth, and
B.4. Stab wound other fatal body areas, accessible to the hand
B.5. Punctured wound of the victim.
B.6. Perforating wound

8
 CHAPTER 5 COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
REPUBLIC ACT 9165
A DANGEROUS DRUG is a drug whose use is
attended by risk and therefore is unsafe,
perilous and hazardous to people and society.
A DRUG is any substance , vegetable, mineral
or animal in origin, used in the composition or
preparation of medicines or any substance
used as medicines.
The Dangerous Drug Act of 1972, include the
following Dangerous Drugs as follows:
A. PROHIBITED DRUGS
1. Opium and its active components
and derivatives such as heroin and
morphine.
2. Coca leaf and its derivatives,
principally cocaine.
3. Hallucinogenic drugs such as
mescaline, lysergic acid diethylamide
( LSD ) and other substances producing
similar effects.
4. Other drugs whether natural or
synthetic with the physiological effects
of a narcotic drug.
B. REGULATED DRUGS
1. Self inducing sedatives such as
secobarbital, phenobarbital,
pentobarbital, barbital and any drug
which contains salt or derivative of a
salt of barbituric acid.
2. Any salt of amphetamine such as
Benzedrine or any drug which produces
a physiological action similar to
amphetamine.
3. Hypnotic drugs, such as
methaqualone producing similar
physiologic effects.
IMPORTANT TERMS in the DANGEROUS
DRUG ACT OF 2002
1. Drug Syndicate
2. Illegal Trafficking
3. Chemical Diversion
4. Planting Evidence
5. Drug Dependence
Two Classes of Drug Dependence:
a. Drug Addiction – is a state of periodic
or chronic intoxication produced by the
repeated consumption of a drug,
whether synthetic or natural and found
to be detrimental to the individual and
to the society.
Characteristics of Drug Addiction:
A. An overpowering desire or
need to continue taking the drug or to
obtained it by any means.
- a tendency to increase the
dose.
-a psychological and physical
dependence on the effects of the drug.
9
- a detrimental effect to the
society and to the individual
B. Drug Habituation – is the desire to
have a continuous use of the drug but
with the capacity to refrain physically
from using it.
Characteristics of Drug Habituation:
- The desire to use the drug is
not compulsive but merely psychical.
- There is little or no tendency to
increase the dose
- The detrimental effect if any, is
primarily on the individual.
6. Protector
7. Pusher
8. Controlled Delivery
9. Den, Dive or Resort
10. PDEA – The Philippine Drug
Enforcement Agency, which is the
implementing arm of the Dangerous
Drugs Board.
UNLAWFUL ACTS AND PENALTIES IN
THE DANGEROUS DRUGS ACT OF 2002
( R.A. 9165:
1. Importation of Dangerous Drugs and
or Controlled Precusors and Essential
Chemicals.
2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and
or Controlled Precursors and essential
Chemicals.
3. Maintenance of a Den, Dive or Resort
4. Employees and Visitors of a Den,
Dive or Resort
5. Manufacture of Dangerous Drugs and
or Controlled Precursors and Essential
Chemicals
6. Illegal Chemical Diversion of
Controlled Precursor and Essential
Chemicals
7.Manufacture or Delivery of Equipment
, Instrument, Apparatus and Other
paraphernalia for Dangerous Drugs and
or Controlled Precursors and Essential
Chemicals
8. Possession of Dangerous Drugs
9. Possession of Equipment,
Instrument , Apparatus and Other
Paraphernalia for Dangerous drugs.
10. Possession of Dangerous D During
Parties, Social Gatherings or Meetings
11. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or
Meetings
12. Use of Dangerous drugs
13. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources thereof
14. Failure to Maintain and Keep the
Original Records of transactions on
Dangerous drugs and or Controlled
Precursors and Essential chemicals
15. Unnecessary Prescription of
Dangerous Drugs
16. Unlawful Prescription of Dangerous
drugs
THE CUSTODY AND DISPOSITION OF
CONFISCATED, SEIZED AND OR
SURRENDERED DANGEROUS DRUGS,
PLANT SOURCES OF DANGEROUS
DRUGS, CONTROLLES PRECURSORS
AND ESSENTIAL CHEMICALS,
INSTRUMENTS AND PARAPHERNALIA
AND OR LABORATORY EQUIPMENT –
The PDEA shall take charge and have
custody of all dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as
well as Instruments paraphernalia and
laboratory equipment so confiscated,
seized and or surrendered, for proper
disposition in the following manner
( Refer to Book ).
IMPORTANT PROVISIONS OF R.A. 9165
OR THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
Section 22. Grant of Compensation,
Reward and Award
Section 23. Plea Bargaining Provision
Section 36. Applicants for Driver’s
License
Section 38. Laboratory Examination or
test on Apprehended / Arrested
Offenders
Section 39. Accreditation of Drug
Testing Centers and Physicians
Section 40. A physician, dentist,
veterinarian or practitioner authorized
to prescribe any dangerous drug shall
issue the prescription therefore in one
original and 2 duplicate copies.
Section 54. Voluntary Submission of a
Drug Dependent to Confinement,
Treatment and Rehabilitation
Section 55 Exemption from Criminal
Liability
Under the Voluntary Submission
Program
Section 56. Temporary Release from
the Center; After Care and Follow up
Treatment Under the Voluntary
Submission Program
Section 58. Filing of Charges Against a
Drug Dependent who is not
rehabilitated Under the Voluntary
Submission Program.
Section 61. Compulsory Confinement of
a drug dependent who refuses to apply
under the Voluntary Submission
Program
Section 62. Compulsory Submission of a
Drug Dependent Charged with an
Offense, to Treatment and
Rehabilitation
Section 70. Probation or Community
Service for a First Time Minor Offender
In Lieu of Imprisonment
10
Section 73. Liability of a Parent, Spouse
or Guardian Who refuses to Cooperate
with the Board or any Concerned
Agency
Section 77. The Dangerous Drugs Board
Section 82. Creation of the Philippine
Drug Enforcement Agency ( PDEA )
Section 85. The PDEA Academy
Section 90. Jurisdiction
Section 91. Responsibility and Liability
of Law Enforcement Agencies and
Other Government Officials and
Employees in Testifying as Prosecution
Witnesses in Dangerous Drug Cases
Section 92. Delay and Bungling in the
Prosecution of Drug Cases
PHARMACOLOGIC CLASIFICATION OF
DANGEROUS DRUGS
1.Hypnotics
2. Sedatives and Tranquilizers
3. Hallucinogens and Psychomimetics
4. Stimulants
5. Depressants
6. Deliriants and Intoxicants
A.Hypnotics:
Opiates and Their Derivatives – Opium
is obtained from the milky exudates of
the unripe seed capsules of the poppy
plant, Papaver Sornoiferum.
Derivatives of opium commonly used
are morphine, heroin, and codeine.
Its synthetic preparation are Demerol
and Methadone.
Narcotics that have a legitimate
medical used as powerful pain relievers
are called Opioids, and include codeine,
oxycodone, meperidine, morphine and
hydromorphone.
Heroin which is prohibited is a very
strong pain reliever and narcotic
Signs and Symptoms of Opium
Administration:
1. Stage of Excitement
2. Stage of Stupor
3. Stage of Narcosis
B. SEDATIVES:
Barbiturates: - are the products of
malonic acid and urea, synthesized on
St. Barbara day.
- Used to treat anxiety and to induce
sleep can cause both psychologic
and physical dependence.
C. HALLUCINOGENS OR
PSYCHOMIMETIC DRUGS:
Marijuana – ( Cannabis Sativa ) is a
Mexican term for pleasurable feeling.
Marijuana is not addictive. Physical
dependence and dose tolerance do not
develop with its use. Psychic
dependence may occur.
 Subjective effects of Marijuana:
- There is a feeling of lightness of the SEXUALITY – IS A NORMAL BIOLOGICAL URGE
extremities followed by rushes of AND AN IMPORTANT PART OF THE HUMAN
warmth and well being that EXPERIENCE.
eventually lead to a sense of
relaxation, mild euphoria and a 4 Stages of a Sexual Response:
dreamy state where ideas are 1. Desire
disconnected. 2. Arousal
Objective Effects of Marijuana: 3. Orgasm
- Moderate increase in resting pulse 4. Resolution
rate, reddening of the eyes due to
dilatation of the conjunctival blood SEXUAL DYSFUNCTIONS ( Classification )
vessels. Difficulty of speech and of A. As to choice of sexual partners
remembering of the logical trend of 1. Homosexual
what was being said. 2. Infanto sexual
3. Besto sexual
Lysergic Acid Dsethylamide ( LSD ) 4. Auto sexual
- These drugs are false hallucinogens. 5. Gerontophilia
- It produces impaired judgement so 6. Necrophilia
that a user might think that he can 7. Incest
fly, and may even jump out a
window to prove it, resulting in B. As to instinctual strength of the sexual urge:
severe injury or death. 1. Over sex
2. Under sex or sexual frigidity
D.STIMULANTS: a. Sexual anesthesia
Amphetamines – methamphetamines b. Dyspareunia
( Shabu, speed ); c. Vaginismus
methylenedioxymethamphetamine d. Old age
( MDMA, ecstasy or Adam ) C. As to the mode of sexual expression
- Acts on the cerebral cortex causing 1. Oralism
alertness, excessive self confidence a. Fellatio
and feeling of well being. Physical b. Cunnilingus
performance may to some degree c. Analism
temporarily improve.
2. Sado – masochism
Untoward Effects: a. Sadism
- They increase the blood pressure b. Masochism
and heart rate. Fatal heart attacks 3. Fetishism
have occurred even in healthy, a. Anatomic
young athletes. The blood pressure b. Clothing
maybe so high that a blood vessel .
in the brain ruptures causing a c. Necrophilic
stroke. d. Odor ( ospresiophilia )

Coccaine – is an alkaloid from the Kinds of Ospresiophilia

leaves of the coca shrub cultivated in 1. Urolagnia
Bolivia and Peru. 2. Coprolagnia
- It produces effects similar to 3. Mysophilia
amphetamines, but is a much more a. Narcissism
powerful stimulant. b. Saboteur Fetish
- Is used to excite the undersexed. c. Vampirism
- Is a euphoriant and readily relieves
fatigue D. As to the part of the body
1. Sodomy
Untoward Effects: 2. Uranism
- Same as amphetamine 3. Frottage
4. Partialism
E. DEPRESSANTS: E. As to visual stimulus
- Angel dust 1. Voyeurism
- Depresses the brain and abusers 2. Scoptophilia
usually become confused and F. As to number
disoriented shortly after taking the 1. Troilism
drug. 2. Pluralism
- Can be combative and because they G. Other sexual deviates.
don’t feel the pain they may 1. Don Juanism
continue fighting even when hit 2. Indecent exposure
hard. 3. Coprolalia
H. Disorders of sexual function:
CHAPTER 6 SEXUAL DYSFUNCTIONS AND 1. Premature ejaculation
SEXUAL CRIMES 2. Retarded ejaculation

11
 3. Low sexual desire disorder
4. Sexual aversion disorder
5. Sexual arousal disorder in women
6. Inhibited orgasm
7. Dyspareunia
8. Vaginismus
I. Sexual reversal
1. Transvertism
2. Transexualism
3. Intersexuality
SEXUAL CRIMES:
Chaste – An unmarried woman who has had no
carnal knowledge with men or that she never
voluntarily had unlawful sexual intercourse.
These also denotes purity of mind and
innocence of heart.
Virgin – A woman who has had no carnal
knowledge of man. Her genital organs have
not been altered by carnal connection.
Kinds of virginity
1. Moral virginity – the state of not knowing the
nature of sexual life and not having experience
sexual relation.
2. Physical virginity – A condition whereby a
woman is conscious of the nature of sexual life
but has not experienced sexual intercourse.
3. Demi – virginity – This term refers to a
condition of a woman who permits any form of
sexual liberties as long as they abstain from
rupturing the hymen by sexual act. The woman
allows sexual intercourse, but only inter
femora or even inter labia, but not to the
extent of rupturing the hymen.
4. Virgo intacta – A truly virgin woman. There
is no structural change in her organ,
notwithstanding the fact of a previous sexual
intercourse.
DEFLORATION – This is the laceration or
rupture of the hymen, as a result of sexual
intercourse. All other lacerations which are not
due to coitus are not considered defloration.
SEMEN AND SPERMATOZOA:
ERECTILE DYSFUNCTION ( Impotence )
- The diagnosis of Erectile
Dysfunction is important especially
in complaints of rape. It must be
proven convincingly that the
accused is permanently impotent,
so that the crime of rape cannot be
proved beyond reasonable doubt.
- Impotence usually results from
vascular impairment, neurologic
disorders, drugs, abnormalities of
the penis or psychological problems
that interfere with sexual arousal.
- These includes injury, diabetes
mellitus, stroke and drugs like all
antihypertensive and psychotics,
antidepressants and some
sedatives.
- Alcohol can also cause impotence
and also low levels of testosterone
12
SEX CRIMES IN THE REVISED PENAL
CODE:
A. Rape
B. Carnal Knowledge
- is the act of a man in having
sexual bodily connection with a
woman. There is carnal knowledge
if there is the slightest penetration
in the sexual organ of the female by
the sexual organ of the male.
C. Seduction
- is the art of a man enticing
women to have unlawful intercourse
with him by means of persuasion,
solicitation, promises, bribes or
other means without employment of
force
D. Acts of Lasciviosness
E. Acts of Lasciviousness with
Consent of the Offended Party
F. Abduction
1. Forcible Abduction
2. Consensual Abduction
G. Adultery
H. Concubinage
I. Bigamy
J. Marriage Contracted Against the
Provisions of Law
K. Premature Marriage
L. Performance of Illegal Marriage
Ceremony
M. Prostitution
N. Corruption of Minors
O. White Slave Trade
P. Abuse Against Chastity
PROVISIONS OF THE REVISED PENAL
CODE APPLICABLE TO UNNATURAL SEXUAL
OFFENSES
1. Grave Scandal ( Art. 200 )
2. Immoral Doctrines, Obscene Publications
and Exhibitions ( Art. 201 )
3. Vagrants and Prostitutes ( Art. 202 )
4. Grave Threats ( Art. 282 )
5. Light Threats ( Art. 283 )
6. Other Light Threats ( Art. 285 )
7. Grave Coercions
8. Unjust Vexation or Any Other Coercion ( Art.
287 )
CHAPTER 7 MENTAL HEALTH
DISORDERS
Mental Health Disorders – include disturbances
in thinking, emotion, and behavior. There is a
complex interaction between the physical,
psychologic, social, cultural and hereditary
influences.
Factors that Contribute to the Development of
Mental Disorders:
1. Heredity – the most frequent factor that
contributes to insanity and a good history will
reveal the ascendants afflicted with the same.
2. Incestous Marriage – The mental illness is
accentuated when they are blood relatives.
3. Impaired Vitality – Stress, tension, worry, a. Illusion
grief may predispose to insanity b. Hallucination
4. Poor Moral Training and Breeding – Corrupt 2. Disorders of Memory
moral upbringing in the family due to a. Dementia
immorality of the parents 3. Disorders in the Content of Thought
5. Psychic Factors – Factors like love, hate, A. Delusion
rage, anger, passion disappointments a. Delusion of grandeur
6. Physical Factors b. Delusion of persecution
a. Non toxic factors – exhaustion c. Delusion of reference
resulting from severe physical and mental d. Delusion of Self – Accusation
strain and traumatic injuries to the head. e. Delusion of infidelity
b. Toxic factors – drug addiction, f. Nihilistic delusion
infections of the brain g. Delusion of poverty
h. Delusion of control
KINDS OF MENTAL HEALTH DISORDERS: i. Delusion of depression
1. Psychosomatic disorders – physical B. Obsession
disorders caused by psychologic factors. 4. Disorders in the trend of thought
2. Somatiform disorders – encompasses Types:
several psychiatric disorders in which people a. Mania
report physical symptoms but deny having b. Melancholia
psychiatric problems.
3. Generalized Anxiety Disorders 5. Disorders of Emotions or Feelings – a
4. Panic Attacks and Panic Disorder disorder in the state of mind, fervor, or
sensibility, not in accord with reality.
5. Phobic Disorders 6. Disorders of volition or conation ( doing )
a. Agoraphobia Kinds of Conation:
b. Specific phobias A. Impulsion or Impulse ( Compulsion )
c. Social phobia – a sudden and irresistible force
6. Obsessive Compulsive Disorder compelling a person to the conscious
7. Post Traumatic Stress Disorder performance of some action without
8. Depression and Mania motive or forethought.
9. Bipolar Disorder
10. Suicidal Behavior Types of Compulsion:
11. Eating Disorders a. Pyromania
a. Anorexia nervosa b. Kleptomania
b. Bulimia nervosa c. Dipsomania
c. Binge eating disorder d. Homicidal impulse
12. Personality Disorders e. Sex impulse
a. Paranoid f. Suicidal impulse
b. Schizoid
c. Histrionic DISTINCTIONS BETWEEN TRUE AND
d. Narcissistic FALSE INSANITY:
e. Antisocial 1. True insanity develops insidiously
f. Borderline usually with the existence of some
g. Avoidant predisposition to an exciting cause if
h. Dependent careful history is taken, while false
insanity develops suddenly with no
i. Obsessive – Compulsive existing predisposition.
j. Passive Aggressive
k. Dissociative 2. In true insanity, there is a peculiar
facial expression, which is absent in
13. Schizophrenia – a serious mental disorder false insanity
characterized by loss of contact with reality
( psychosis ) , hallucinations, delusions ( false 3. In true insanity, there is a continuous
beliefs ) , abnormal thinking, disrupted work and persistent manifestation of
and social functioning insanity, which is only present in false
insanity when the pretender is under
Types of Schizophrenia: observation, and absent when not
a. Paranoid under observation.
b. Hebephrenic
c. Catatonic 4. In true insanity, there is a clinical
entity of a specific mental disorder,
14. Delusional Disorder which is absent in false insanity.
15. Psychological Incapacity – a waste basket
diagnosis because it is so broad a term, that it 5. In true insanity, the patient can
covers all possible Mental Disorders. endure a violent or stressful activity
without fatigue, which is not present in
SOME MANIFESTATIONS OF MENTAL false insanity
DISORDERS:
1. Disorders of Cognition ( Knowing )

13
6. In true insanity, the patient does not
observe personal hygiene, in false
insanity, the pretender observes
hygiene
Insanity or Mental Illness is an
exempting or mitigating circumstance
to Criminal Liability as provided in the
following:
1. As an exempting Circumstance
Article 12 of the Revised Penal
Code provides, “ When the imbecile or
an insane person has committed an act
which the law defines as felony, the
court shall order his confinement in one
of the hospitals or asylums established
for persons thus afflicted and he shall
not be permitted to leave without first
obtaining the permission of the same
court.
2. As a mitigating Circumstance
Article 13, of the Revised Penal
Code provides, the following are
mitigationg circumstances:
a. That the offender is deaf and
dumb, blind or otherwise suffering from
physical defect which thus restricts his
means of action, defense or
communication with his fellow beings
The American Law Institute formulated
the following Rules on Criminal
Responsibility and states that;
1. A person is not responsible for his
criminal conduct if at the time of such
conduct as a result of mental illness or
defect, he lacks essential capacity to
appreciate the criminality of his
conduct or to conform his conduct to
the requirement of the law.
Classification of mental deficiency:
1. Idiot – The idiot’s intelligence never
exceeds that of a normal child over 2
years old. The IQ is between 0 – 20.
This is usually congenital.
2. Imbecile – the imbecile’s intelligence
is compared to a normal child from 2 –
7 years old and the IQ is 20 – 40.
3. Feeble Minded – his mentality is
similar to that of a normal child
between 7 – 12 years old and an IQ of
40 – 70.
The Legal Importance of determining
the person’s state of mind are the
following
In Criminal law, insanity exempts a
person from criminal liability
In Civil law, Insanity is a restriction of
the capacity of a natural person to act
as provided in Article 38 of the Civil
Code.
Insanity modifies or limits the capacity
of a natural person to act as providedin
Article 39, also of the Civil Code.
Insanity at the time of marriage of any
or both parties is a ground for the
annulment of marriage.

2. The term “ mental disease or defect

“ does not include an abnormality
manifested only by repeated criminal or
otherwise anti social conduct

Fundamental Principles of Insanity and

Criminal Responsibility:
1. A sane man is assumed to be wholly
responsible for the consequence of his
crime.
2. A person who commits a criminal act
is presumed to be sane.
3. Crime is always considered as an
affair of the mind as well as the body
and to make an act or omission a
crime, there must be a criminal act
( actus reus ) and an criminal mind
( mens rea ) . Actur facit reum, nisi
mens sit rea.

Mental Deficiency – or mental

retardation, is sub average intellectual
ability present from birth or early
infancy. Intelligence is both determined
by heredity and environment. In most
cases of mental deficiency, the cause is
unknown.

14
 LEGAL AND FORENSIC MEDICINE NOTES
I would like to give thanks to everyone who helped me in making this
notes possible. Thanks to Jorap and Rika for lending me their time
transcribing and sharing their notes. Thank you Trish, Vincent A.,
Leslee, yVee, and Shar for unselfishly sharing your audio recordings. -
Mhyko
This is my first trans hahaha! Hello hello to:
 My Med, Surg, Neuro, and ano pa nga yung isa? Pedia! I ♥ you
groupmates. 
 L Group (aka CPC Group 1) and PPG. 
 The good looking UERM Red Cross officers: Rey, Eloise, Leigh,
Carlo, Jean, Miko and Kat, Fid, Therese and Thea. 
 2012 APO Men’s basketball team, UERM Palarong Med
Volleyball, Football and T-Tennis teams. Pati narin basketball,
badminton, swimming, and sepaktakraw teams.
 Hi to my grandmother who is from 2013. Mag-ballroom naman
tayo minsan. I ♥ you grandma! 
- jorap
Hello 2012! Goodluck satin lahat sa exams.. Konting tiis nalang.. Days
to go nalang before sembreak. Yey!! Aral tayo lahat mabuti.. Miko
thanks dahil ang tyaga nyo gumawa. Notes ko lang naman nadagdag
ko eh. Pero I'm glad I helped a little. Anyway, Godbless 2012! :)
-rika (Sent from my iPod)
LEGEND:
Normal text : lecture and recordings from section a & b
Italics : book and 2011 trans
INTRODUCTION
SCOPE OF LEGAL MEDICINE
It is the application of medical and paramedical sciences as
demanded by law and administration of justice. The knowledge
of the nature and extent of wounds has been acquired in
surgery, abortion in gynecology, sudden death, and effects of
trauma in pathology, etc. aside from having knowledge of the
basic medical sciences, like anatomy, physiology, biochemistry,
physics, and other allied sciences.
Strictly speaking, LEGAL MEDICINE is primarily the application of
medicine to legal cases while FORENSIC MEDICINE concerns with
the application of medical science to elucidate legal problems.
MEDICAL JURISPRUDENCE denotes knowledge of law in relation
to the practice of medicine. It concerns with the study of the
rights, duties, and obligations of a medical practitioner with
particular reference to those arising from doctor-patient
relationship.
NATURE OF THE STUDY OF LEGAL MEDICINE
A physician who specializes or is involved primarily with medico-
legal duties is known as MEDICAL JURIST (medical examiner,
medico-legal officer, medico legal expert)
DISTINCTION BETWEEN AN ORDINARY PHYSICIAN AND A MEDICAL
JURIST
An ordinary physician sees an injury or disease on the point of
view of treatment, whole a medico-jurist sees injury or disease
on the point of view of cause.
The purpose of an ordinary physician examining a patient is to
arrive at a definite diagnosis so that appropriate treatment can
be instituted, while the purpose of the medical jurist in
examining a patient is to include those bodily lesions in his
report and testify before the court or before an investigative
boy; thus giving justice to whom it is due.
Minor or trivial injuries are USUALLY ignored by an ordinary
clinician inasmuch as they do not require usual treatment.
Superficial abrasions, small contusion, and other minor injuries
will heal without medication. However, a medical jurist must
record all bodily injuries even if they are small or minor because
these injuries may be proofs to qualify the crime or to justify the
act.
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
PRINCIPLE OF STARE DECICIS
Whom the court has once laid down a principle of law or
interpretations as applied to certain state of facts, it will adhere
to and apply to all future cases where the facts are substantially
the same
What the Supreme Court lays down is the principle of law, all its
subjects are duty-bound to follow
Para wala nang tanungan ang mas madaling intindihing meaning
nito ay: "Maintain what has been decided and do not alter that
which has been established"
THREE BRANCHES OF THE GOVERNMENT
EXECUTIVE - Tasked to IMPLEMENT THE LAW
 The office of the president and
 The different department bureaus
LEGISLATIVE - They are tasked to MAKE THE LAW
 The upper house: The Senate
 The lower house: The House of Representatives
JUDICIARY - Tasked to APPLY or INTERPRET THE LAW
 Supreme Court: Chief Justices
 Court of Appeals
 Sandiganbayan
 The Regional Trial Court
Which Branch is The Most Powerful?
None. They are all equal branches of the government.
No one is above the other. If congress passes a bill, it
can be vetoed by the government. Congress can
overturn the veto by a vote of two-thirds. If the
president accepts the bill, the Supreme Court can
strike it down as unconstitutional. Who appoints
justices to the Supreme Court? The president. Who
submits the budget for the Supreme Court? The
congress.
BASIC PRINCIPLES OF GOVERNING APPLICATIONS AND
EFFECTS OF LAWS
IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE
THEREWITH OR “IGNORANTIA LEGIS NOMINEM EXCUSAT”
You cannot invoke the excuse that you are doctors, that it’s ok
for you not know the law because you are not lawyers
In our current academic status, we are considered more
knowledgeable and learned than an ordinary layman, it should
be considered an aggravating circumstance for us not to know
the law.
Ignorance is not an excuse. Know your laws.
Nice to know:
When a congressman sponsors a health bill, it will then
be introduced / passed on to the committee of health
composed of 40-50 congressmen where the bill goes
through public hearings. So the committee can either
kill it there and/or calendar it for three separate
meetings in the lower house. At the third meeting,
congressmen will vote “Nay” or “Yey”. After that, the
bill goes to the senate and will again undergo three
separate meetings. They have only up to three years to
do that because they re-elect every three years.
LAWS SHALL HAVE NO RETROACTIVE EFFECT UNLESS THE
CONTRARY IS PROVIDED
Laws should always be prospective unless it is favorable for the
accused.
Laws take effect ONLY AFTER 15 DAYS after the law’s publication
in a journal/common medium
A murderer was sentenced to life and during his stay in prison,
the sentence for murder was decreased to 25 years. Since 25
years is MORE FAVORABLE than life in prison, the new law will
apply to them.
If a law was passed punishing students who cheat in med school,
retroactive to 50 years, is this constitutional? NO. (Amen to
Page 1 of 16
 that!) One because, laws should only be prospective and two,
because it is not favorable for the accused.
Nice to know:
Death penalty before was done by electrocution.
When it was abolished crime rates increased.
Once you have served 1/3 of your sentence, you are
eligible for parole.
RIGHTS MAY BE WAIVED UNLESS THE WAIVER IS CONTRARY TO
THE LAW, PUBLIC ORDER, MORALS OR GOOD CUSTOMS OR
PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY
A LAW
Let’s say you’re a doctor and you had your patient sign a waiver
waiving his/her right to sue, can she still sue you? Yeeesss…
(with matching condescending baritone voice ni sir). Why?
Because that condition is null and void. Why is it null and void?
Because it is against public policy. Why is it against public policy?
Because that waiver is actually a suicide note. You cannot allow
another person to kill you. Waivers only give you some security,
but when the relatives demand a lawsuit, they still can.
CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER AND
PUBLIC POLICY SHALL BE COUNTENANCED. A CUSTOM MUST BE
PROVED AS A FACT ACCORDING TO THE RULES OF EVIDENCE
In a tribe that practices cutting off of clitoris because its their
custom and they’ve been there even before the laws were
established, do they violate the law? Yesss… (condescending
baritone voice ulit). What law? Mutilation.
The medico-legal classification of mutilation: cutting off of a
reproductive organ yields a graver punishment than cutting a
non-reproductive organ. So if you cut an Ear vs. a Penis, which
one is a more heinous crime? Cutting off of penis. Between the
tongue and the ears? Tongue. ( ^_- ) wink wink!!
Intent to cut: MUTILATION
Intent to hurt: PHYSICAL INJURY
Intent to kill: MURDER
If there was intent to hurt or no intent at all but
eventually resulted to death: HOMICIDE
THREE DEGREES OF MURDER:
 Attempted – you shoot victim, you missed. Even without
medical attendance, victim will survive.
 Frustrated- you shoot, but doctor revived victim. Medical
attendance is required. This is where the questions of
Mortal or Non-Mortal Wounds come in.
Mortal wound involves major blood vessels and
organs.
Non-Mortal wound does not involve major vessels or
organs.
 Consummated – you shoot, victim dies
THREE DEGREES OF PARTICIPATION:
 Accessory – not present at the actual crime and may be
subject to lesser penalties than an accomplice.
 Accomplice – present at the actual crime and can be
prosecuted even if the main criminal is not charged or
convicted.
MEDICAL EVIDENCE- if the means employed to prove a fact is medical
 Principal – any actor who is primarily responsible for the
in nature.
criminal offense.
WHEN IS IT MURDER?
 There is time for contemplation.
 Use of superior force and night time to ensure success
 It was committed during a conflagration, shipwreck or a
calamity. (even if hold-up lang ginawa mo, eh nag-earth
quake, malas mo, murder na yun)
 Committed in the presence of the Chief Executive. (sa harap
ng president)
 Cussing at the courts or the deceased.
As a doctor if you see something as minor as an
abrasion. Report it. It indicates signs of struggle /
victim trying to runaway from assailant.
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
IMPOSSIBLE MURDER (IMPRISONMENT OF NOT >2 YEARS) – Sir
Rebosa’s wife tried to kill him. She mistakenly put salt in his
coffee instead of poison. It turns out Sir Rebosa, loves salty
coffee OR killing an already dead person
ANTE-MORTEM WOUNDS / POST-MORTEM WOUNDS.
 Get tissue from margins of wound and look for Vital Tissue
Reaction (VTR), in other words, you’re looking for signs of
inflammation
TREACHERY - Traitor or Ahas
SCAFFING OF CORPSE OF THE DISEASED
 Adding insult to the injury
 Homicide becomes murder
CONSTITUTION
Laws are repealed only by subsequent ones and their violation
and non-observance shall not be excused by disuse, custom or
practice to the contrary
st
1898 – 1935 MALOLOS CONSTITUTION, 1 constitution
1935 – 1941 COMMONWEALTH CONSTITUTION. All laws
nd
were called Commonwealth Acts (CA) 2
constitution
1941 – 1945 JAPANESE INVASION, constitution was
suspended.
1946 – 1972 PHILIPPINE REPUBLIC was established. All laws
were called Republic Acts (RA)
1973 constitution
rd
3 constitution
1978 BATASANG PAMBANSA established. It served
as a transitional legislative body as mandated
by the 1973 Constitution as the Philippines
shifted from a presidential to a parliamentary
form of government. All laws were called Batas
Pambansa (BP). Most famous was BP 22:
Bouncing Checks Law.
1972 – 1986 MARCOS REGIME (MARSHALL LAW) up until
the Edsa Revolution. All laws were called
Presidential Decrees (PD) since Dictator si
Marcos that time
1987 Cory took over, 1987 constitution. All laws
th
were called Republic Acts (RA), 4 constitution
EVIDENCE
- The means, sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding the truth respecting a matter of fact (Sec.1,
Rule 128, Rules of Court)
- The species of proof, or probative matter, legally presented at the
trial of an issue by the act of the parties and through the medium
of witnesses, records, documents, concrete objects, etc., for the
purpose of inducing belief in the minds of the court as to their
contention(Black’s Law Dictionary)
- The judge determines if evidence is admissible or inadmissible.
- Admissibility depends on the person presenting it.
- Hearsay/chismis – mostly an inadmissible fact.
- To be admissible, evidence must be relevant to the fact in issue.
TYPES OF MEDICAL EVIDENCES:
AUTOPTIC OR REAL – addressed to the senses of the Court. It is
not limited to that which is known through the sense of vision
but is extended to what the sense of hearing, taste, smell and
touch is perceived.
 It is of judicial notice – the judge is supposed to know
 Do you need to prove to the judge that the ball is round? A
square has 4 sides?
Limitations:
 Indecency and Impropriety. (Example: exposure of genitalia
of an alleged sexual offense victim)
Page 2 of 16
  Repulsive Objects and those Offensive to Sensibilities
(Example: foul smelling objects, persons with highly
infectious and communicable diseases, objects that pose
potential danger to the life/health of the judge)
 May still be presented if necessary for adjucation of the
case depending on the sound discretion of the court.
TESTIMONIAL – doctor as a witness
 ORDINARY – a physician who testifies in court on matters he
perceived from his patient in the course of physician-patient
relationship in is considered as an ordinary witness.
 EXPERT – a physician on account of his training and
experience can give his opinion on a set of medical facts. He
can deduce or infer something, determine the cause of
death, or render opinion pertinent to the issue and medical
in nature.
EXPERIMENTAL – if allowed by the Court to confirm or
corroborate
 If the judge don’t believe that a pen is capable of exploding,
 “Judge, let’s have an experiment, please hold this
ballpen and let’s see if it will explode in your hands.” :}
 Example: show how long a person can survive after
administration of lethal dose of poison by administration of
the said poison to experimental animals w/in the view of
the court
DOCUMENTARY – writings/photographs
 Recorded by letters, figures or marks
 Applies to writings, to words printed, lithographed or
photographed; to seals, plates or stones on which
inscriptions are cut or engraved; to photographs and
pictures; to maps or plans
 MEDICAL CERTIFICATES OR REPORT ON (see page __)
- Medival/Physical exam
- Necropsy/Autopsy
- Labs
- Exhumation(nahukay???)
- Birth/death
 MEDICAL EXPERT OPINION
 DEPOSITION - if the ONLY witness who could testify is
migrating to another country next month or has terminal
CA who will die in 3 months, he/she will produce a
testimony under oath, just like an affidavit. Testimony is
perpetuated.
PHYSICAL – articles and materials found in connection with the
investigation and which aids in establishing the identity of the
perpetrator or the circumstances under which the crime was
committed, or in general assist in the prosecution of a criminal.
CRIMINALISTICS – Identification, collection, preservation and
mode of presentation of the physical evidence, application of
sciences in crime detection and investigation.
Types of Physical Evidences:
1. CORPUS DELICTI – objects/substances which may be part
of the body of the crime.
- Smoking gun
- Body of the victim of the murdered
- Prohibited drugs recovered from a person
- Knife with blood stains or fingerprints of the suspect
- Stolen motor vehicle identified by plate number and
by body or engine serial numbers.
2. ASSOCIATIVE – evidence that may link suspect to the
crime. An alibi at this point may be considered to be the
weakest defense.
- YOUR SCHOOL ID/nameplate beside a dead body :o
You become associated with the crime, you
become a suspect
3. TRACING EVIDENCE – evidence that may assist
investigator in locating the suspect. The ELECTRONIC
EVIDENCE LAW makes text messages and e-mails now
admissible to court as evidence.
- Traces of blood, mobile phone tracker
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
If you’re going to threaten somebody, make sure you
use prepaid.
Consultation via text messages  may text the wrong
dose, (5g instead of 0.5mg, overdose = patay).
Just reply “Pls col me”  Do not reply and treat a
patient thru a text message.
METHODS OF PRESERVING EVIDENCES:
PHOTOGRAPHS, ADIO AND/OR VIDEO TAPE, MICRO-FILM,
PHOTOSTAT, XEROX, VOICE TRACING, ETC.
SKETCHING – rough drawing of the scene or subject
 ROUGH – made at the crime scene or during examination of
living or dead body. On the latter, an anatomic figure of the
front, back and side part of the body must be made and the
bodily lesions indicated.
 FINISHED – sketch prepared from the rough sketch for
court presentation
DESCRIPTION – putting into words the person or thing to be
preserved
 SKIN LESION
 PENETRATING WOUND (punctured, stab, or gunshot)
 HYMENAL LACERATION
 PERSON
MANIKIN METHOD
 Miniature model of a scene or human body indicating marks
of various aspects of the things to be preserved.
PRESERVATION IN THE MIND OF THE WITNESS
 A person who perceives something relevant for proper
adjudication of a case may be a witness in court if he has
the power to transmit to others what he perceived.
SPECIAL METHODS – special way of treating certain type of
evidence may be necessary. Preservation may be essential from
the time it is recovered to make the condition unchanged up to
the period it reaches the criminal laboratory for appropriate
examination.
KINDS OF EVIDENCE NECESSARY FOR CONVICTION:s
DIRECT – provides the fact in dispute without the aid of any
inference or presumption. The evidence that can stand on its
own.
 Example: Eye witness, DNA
 Direct evidence:
- Vizconde massacre: Eye witness Jessica Alfaro
- OJ Simpson Case: DNA
OJ was acquitted in the criminal case, but lost the civil
case: OJ cannot be tried again – violation of Double
Jeopardy
CIRCUMSTANTIAL – proof of facts from which, taken either
singly or collectively, the existence of a particular fact in dispute
may be inferred as a necessary or probable consequence.
Evidence that cannot stand on its own.
 Example: Blood stained jacket
 Circumstantial evidence,
- Vizconde massacre: blood stained mats, carpets
- OJ Simpson Case: sheepskin gloves
WEIGHT, SUFFICIENCY AND APPRECIATION OF EVIDENCE:
CIVIL CASE – “preponderance of evidence”
 The party having the burden of proof must establish his case
by a preponderance of evidence.
Rule 133, Rules of Court:
Section 1 - Preponderance of evidence, how
determined - In civil cases, the ff. factors may be
considered:
 All the facts and circumstances of the case
 The witnesses’ manner of testifying, their
intelligence, means and opportunities of knowing
the facts to w/c they testify
 Nature of the facts to w/c the witness testify
 The probability and improbability of the witnesses’
testimony
 The interest or want of interest of the witnesses
Page 3 of 16
  Credibility of the witness so far as the same may
legitimately appear upon the trial
 Number of witnesses presented, although preponderance is
not necessarily w/ the greatest number.
CRIMINAL CASE – “proof/guilt beyond reasonable doubt”
 The defendant is entitled to an acquittal, unless his guilt is
shown beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof as, excluding
possibility of error, produces absolute certainty. Moral
certainty only is required, or that degree of proof which
produces conviction in an unprejudiced mind.
 It is presumed that a person is innocent of a crime until the
contrary is proven beyond reasonable doubt. The doubt, the
benefit of which an accused is entitled in a criminal case, is
a reasonable doubt, and not a whimsical or fanciful doubt,
based on imagined and wholly improbable possibilities and
unsupported by evidence.
Rule 133, Rules of Court:
Section 2- Proof beyond reasonable doubt- In criminal
case, the defendant is entitled to an acquittal, unless
his guilt is shown beyond reasonable doubt. It is
presumed that a person is innocent of a crime until the
contrary is proven beyond reasonable doubt.
ADMINISTRATIVE CASE – “substantial evidence”
DECEPTION DETECTION
- You cannot be compelled against your will invoking right against
self-incrimination or something that makes use of intellect.
DEVICES THAT RECORD PSYCHO-PHYSIOLOGICAL RESPONSE:
LIE DETECTOR TEST OR POLYGRAPHY
 Cannot be forced to undergo such test,
 Can invoke the Right Against Self Incrimination*
 Results are generally inadmissible (Exception: when the
person waives the Right of Self Incrimination AND pts it into
writing in the presence of a lawyer of his choice)
*Right Against Self Incrimination
If the procedure/activity makes use of your intellect,
you can invoke this right (ask to smile, lie detector
test, and semen sample). If it is mechanical in nature,
you cannot invoke (finger print, photographs, mug
shots) (dahil di naman daw kelangan gumamit ng
utak…not unless pag-iisipan mo kung paano ka
ngingiti)
Phases of Examination
1. Pre-test interview
- Check for medical/psychiatric condition/drug use
- Explain purpose of exam
- Develop the test questions
- Explain efficiency of technique
- To know any anti-social activity or criminal record of
the subject
2. Actual interrogation and recording through the
instrument
- Irrelevant questions- no bearing to the case like age,
citizenship, marital status
- Relevant questions- pertains to issue under
investigation
- Control questions- unrelated to the matter under
investigation but are similar of nature
3. Post-test interrogation
- To clarify findings
- To learn if there are any other reasons for subject’s
responding to a relevant question
- Obtain additional info
WORD ASSOCIATION TEST
 Time response to questions is recorded.
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
 The test is not concerned with the answer, be it “yes” or
“no”. The important factor is the time of response in
relation to stimulus or non-stimulus words.
PSYCHOLOGICAL STRESS EVALUATOR (PSE)
 Detect stress of a person lying by modulations of his voice.
 When a person is under stress as when he is lying, the
micro-tremor in the voice utterance is moderately or
completely suppressed. The degree of suppression varies
inversely to the degree of psychologic stress in the speaker.
 The psychologic stress evaluator (PSE) detects, measures,
and graphically displays the voice modulations that we
cannot hear.
DRUGS THAT TRY TO “INHIBIT THE INHIBITOR”
TRUTH SERUM – Hyoscine hydrobromide (person will not have
the propensity to lie. Think: True Lies)
 In the test, Hyoscine bromide is given hypodermically in
repeated doses until a state of delirium is induced. When
the proper point is reached, the questioning begins and the
subject feels a compulsion to answer the questions
truthfully. He forgets his alibi which he may have built up to
cover his guilt. He may give details of his acts or even
implicate others.
NARCOANALYSIS/NARCOSYNTHESIS
 Practically the same as that of the administration of truth
serum. The only difference is the drug used (sodium amytal
and sodium pethotal).
 Because of the drug, the subject speaks freely due to lack of
inhibition.
INTOXICATION WITH ALCOHOL
 The ability of alcohol to reveal the real person behind the
mask which all of us are said to wear (“mask of sanity”) is
reflected in the age-old maxim, “In vino veritas” (“In wine
there is truth”).
Confessions made by the subject while under the
influence of alcohol may be admissible if he is
physically capable to recollect the facts that he has
uttered after the effects of alcohol have disappeared.
But in most instances, the subject cannot recall
everything that he had mentioned or he may refuse to
admit the truth of the statement given.
HYPNOSIS
Alteration of consciousness and concentration  heightened
suggestibility while awareness is maintained. (“Loook straight
intooo my eyes...”)
Not all persons are susceptible to hypnotic induction.
Subjects who are compulsive-depressive type, strong-
willed like lawyers, accountants, physicians, and other
professionals are usually non-hypnotizable.
Truth serum, intoxication, hypnosis cannot be done in
court since testifying in court is VOLUNTARY
OBSERVATION
A good criminal investigator must be a keen observer and a good
psychologist. A subject under stress on account of the
stimulation of the sympathetic nervous system may exhibit
changes which may be used as a potential clue of deception. And
since just one or a combination of the following signs and
symptoms is not conclusive or a reliable proof of guilt of the
subject, their presence infers further investigation to ascertain
the truth of the impression.
Physiological and Psychological Signs and Symptoms of Guilt:
 Sweating
 Color change
 Dryness of the mouth
 Excessive activity of the Adam’s apple
 Fidgeting
 “Peculiar feeling inside”
 Swearing to the truthfulness of his assertion
 “Spotless past record” – “Religious man”
 Inability to look at the investigator “straight in the eye”
 “Not that I remember” expression
Page 4 of 16
SCIENTIFIC INTERROGATION
The questioning of a person suspected of having committed an
offense or of persons who are reluctant to make a full disclosure
of information in his possession which is pertinent to the
investigation. It may be done on a suspect or a witness.
The use of drugs that try to “inhibit the inhibitor” and
hypnotism are both involuntary therefore are
inadmissible in court as evidences.
TYPES OF CRIMINAL OFFENDERS
BASED ON BEHAVIORAL ATTITUDE
ACTIVE AGGRESSIVE OFFENDER
 Persons who commit crimes on account of their implsive
and aggressive behavior; seen in crimes of passion, revenge
or resentments.
PASSIVE INADEQUATE OFFENDER
 Commit crimes because of inducement, promise, and
reward
 They are gullible and easily persuaded to perform acts in
violation of the penal laws.
BASED ON THE STATE OF MIND
RATIONAL OFFENDER
 With motive, intention or pre-evident meditation, and with
full possession of their mental faculties.
 Example: Murderer
IRRATIONAL OFFENDER
 Does not know nature and quality of his act.
 Example: Mad killer
BASED ON PROFICIENCY
ORDINARY
 Lowest form of criminal career
 Only engaged in crimes that require limited skill
 They lack the capacity to avoid arrest and conviction.
PROFESSIONAL
 Highly skilled and rarely detected
 commit crimes that require special skills rather than
violence.
 Example: Pickpockets, shoplifters
BASED ON PSYCHOLOGICAL CLASSIFICATION
EMOTIONAL
 Heat of passion, anger, or revenge, and also who commit
offenses of accidental in nature.
 Usually have a feeling of remorse, mental anguish, or
compunction as a result of their acts. They have the sense of
moral guilt.
 The most effective interrogation approach to use for them is
based upon sympathetic consideration regarding their
offense and present difficulty.
 Example: a man comes home seeing his wife with another
man and kills them both.
Penalty: Destierro
Destierro
Defined as: "Banishment or only a prohibition from
residing within the radius of twenty (25) kilometers
from the actual residence of the accused for a specified
length of time."
 Example: A wife catches her husband with another woman
(or another man) and kills them both
Penalty: The wife is not justified to killing her husband and
his “whatever”, it is an INCOMPLETE JUSTIFICATION. The
wife will have to go to jail.
Patience is a virtue. If you’re going to kill your wife or
husband with another man or woman, don’t kill them
when they are still in foreplay, you have to wait they
are in the act of having sex. Dura lex sed lex.
Dura lex sed lex
[the] law [is] harsh, but [it is the] law
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
NON-EMOTIONAL – commit crimes for financial gain and are
usually recidivist or repeaters.
 The interrogation should make a factual analysis of the
suspect’s predicament and appeal to his common sense an
reasoning rather than to his emotion.
 Example: Hired killers  (“Trabaho lang, walang
personalan.”)
 Sa Team Switz, magdadala na ako ng cake sa RSI sa exam week.
 Kina Ma. Paola Bianca Macasieb, Kent Emmanuel Viquiera,
Milagros Andrea Victoria Lazo at Leo Alejandro Miguel Lagade! 
 2012A, B
 UERM Red Cross members
 Kay Choon and kay Cheeks!
 Kay Hello Cheeky na ang weapon ay Flaming Steth at ang special
move ay Kidney Punch! 
 Kina Silver, Bronze, Titanium, Palladium, Emerald, Diamond,
Aluminum, Gold, Cold, & Bold Standards! 
Ríete de la noche,
del día, de la luna,
ríete de las calles
torcidas de la isla,
ríete de este torpe
muchacho que te quiere,
pero cuando yo abro
los ojos y los cierro,
cuando mis pasos
van, cuando vuelven mis pasos,
niégame el pan, el aire,
la luz, la primavera, pero tu risa nunca
porque me moriría. -- Neruda From: jumping jorap
INTERROGATION TECHNIQUES
EMOTIONAL APPEAL – not done, theoretical only (“Brad, sabihin
mo na yung totoo please?  Bad yun, kasalanan sa Diyos yun.”)
 The interrogator must create a mood that is conducive to
confession.
 He may be sympathetic and friendly to the subject. The
subject may be willing to disclose more information if he is
treated in a kin spirit.
MUTT AND JEFF TECHNIQUE – a.k.a. good cop/bad cop routine.
2 investigators with contrasting personalities.
 Mutt: arrogant and relentless(bad cop)
 Jeff: friendly, sympathetic and kind(good cop)
 When Mutt is not present Jeff will advice the subject to
make a quick decision and plea for cooperation.
BLUFF ON SPLIT-PAIR TECHNIQUE – several suspects; have 2
sets of investigators in separate rooms.
 All who are allegedly participated in the commission of a
crime are interrogated separately and the results of their
individual statements are not known to one another.
 While one of the subjects is under interrogation, the
interrogator may claim that the subject was implicated by
the author and that there is no use for him to deny
participation.
STERN APPROACH – TORTURE. Evidences or testimonies taken
by torture is considered inadmissible evidence and will subject
the torturer to capital punishment.
Physical violence – most common way of torture
The best way to torture a person is not to have any
external marks.  (Example: Water immersion
technique, suffocation, electrocution in the testicles,
and by tickling  ONLY IN THE PHILIPPINES!!)
LENGTHY, TIME CONSUMING NARRATION – “kwento mo nalang
sakin kung anong nangyari ha, uupo nalang ako dito.”
 There may be a moment when the subject becomes
confused and desists from making further statement for
fear of contradicting his previous statement.
Page 5 of 16
 CONFESSION VS ADMISSION
CONFESSION – expressed acknowledgement by the accused in a
criminal case of the truth of his guilt as to the crime charged, or
of some essential thereof. You not only admit that you shot him
but also admit the crime.
 Example: “Eh binaril ko po sya kasi nung hinoholdap ko po
he refused to give me his cell phone.
ADMISSION –valid ground or reason for shooting him. Example:
“Eh nagwarning shot na nga ako eh, tapos pinagnanakawan pa
rin ako eh, tapos bigla akong binaril, so binaril ko sya.”
IDENTIFICATION
SHARE KO LANG… HEHE.. SABI NI SIR MEMORIZE DAW YUNG
CLASSIFICATIONS AND YUNG MGA UNDER SA KANILA KASI MGA MALA
GANUN DAW MGA TANONG SA EXAM. EXAMPLE: CHEMICAL TESTS TAPOS
YUNG MGA UNDER NG CHEMICAL TESTS. - RIKA
- HALLMARK OF FORENSIC MEDICINE
- In a legal viewpoint, it is important to identify the accused, who
must be arraigned and be given the sentence must be the
perpetrator
- Determination of the individuality of a person or thing
Importance:
1. Ground for dismissal of the charge of acquittal of the
accused.
2. Facilitate settlement of the estate, retirement, insurance
and social benefits.
3. Resolves anxiety of relatives as to whereabouts of a
missing person or victim.
4. Needed in some transactions.
Identification is very important: you cannot declare a
person dead unless you identify that the person you
place in the death certificate is the one actually dead.
If you cannot identify the person, you cannot tell that
the person is already dead
Example: Burns – you can’t identify – identify through
other methods if identification – DNA, clothing
- MISSING SPOUSE: cannot just re-marry, must go to court and file
for judicial decision of presumptive death
 Example 1 - Wife perished on a plane crash, charred
beyong recognition: Husband must wait for 4 years before
he can re-marry (Family Code took: 2 years)
 Example 2 - Wife just disappears and abandons the
husband: Husband must wait for 7 years before he can re-
marry. (Family Code: 4 years)
 Example 3 – Husband re-marries a younger and sexier
woman, but after 6 months, wife suddenly appears. Valid
wife: unfortunately it is the 1st wife.
TIP: Kill the first wife. Because she’s dead, it will be an
impossible crime.
New Family Code took effect on August 3, 1988
RULES IN PERSONAL IDENTIFICATION
LAW OF MULTIPLICITY OF EVIDENCE IN IDENTIFICATION
 The greater the number of points of similarities and
dissimilarities of 2 persons compared, the greater is the
probability for the conclusion to be correct.
 Example: Wife on a plane, plane crashed. No survivors. 
Only identification: she has 6 toes on one foot. Body
recovered has 7 toes.  Rules her out.
ORDINARY METHODS OF IDENTIFICATION
Points of Identification Applicable to the Living Person Only
Characteristics which may easily be changed
 Growth of hair, beard or mustache
 Clothing
 Frequent place of visit
 Grade of profession
 Body ornamentations
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
Characteristics that may NOT easily be changed
 Mental memory
 Speech
 Gait – a person, on account of disease or some inborn traits,
may show a characteristic manner of walking
a. Ataxic – foot is raised high, thrown forward and
brought down; persons suffering from “tabes dorsalis”
b. Cerebellar – staggering movement
c. Cow’s – swaying movement due to knock knee
d. Paretic – short steps, foot drag, and legs are held more
or less widely apart.
e. Spastic – stiff and the toes are dragged
f. Festinating – involuntary movement in short
accelerating steps
g. Frog – hopping gait resulting from infantile paralysis
h. Waddling – duck (“Wow ang sexy, parang pato
maglakad! “^_^)
 Mannerism - stereotype movement or habit peculiar to an
individual.
 Hands and feet
 Complexion
 Eye changes
 Facies – facial expressions brought about by disease or
racial influence.
a. Hippocratic – pinched nose, the temple hollow, eyes
sunken, ears cold, lips relaxed, and skin livid. The
appearance of the face is indicative of approaching
death.
b. Mongolian – almond eyes, pale complexion,
prominence of cheek bones.
c. Facies Leonine – a peculiar, deeply furrowed, lion-like
appearance of the face. This may be observed in
leprosy, elephantiasis, and leontiasis ossia.
d. Myxedemic – pale face, non-pitting edematous
swelling, associated with dullness of intellect, slow
monotonous speech, muscular weakness, and tremor.
 Left/right handedness
 Degree of nutrition
SCIENTIFIC METHODS IN IDENTIFICATION
FINGERPRINTING – considered to be the most valuable method
of identification and is universally used because:
 There are no two identical fingerprints
 Fingerprints are not changeable
 Odds - 1:64 billion (World population: approximately 6
billion)
DACTYLOGRAPHY – art and study of recording fingerprints
as a means of identification
DACTYLOSCOPY – art of identification by comparison of
fingerprints, the study and utilization of fingerprints
POROSCOPY (Locard’s method of identification) – study
of the pores found on the papillary or friction ridges of the
skin for purposes of identification.
DENTAL IDENTIFICATION
 The possibility of two persons to have the same dentition is
quite remote. An adult has 32 teeth and each tooth has 5
surfaces. Some teeth may be missing, carious, with filling
materials, and with abnormality in shape and other
peculiarities. This will lead to several combinations with
almost infinite in number of dental characteristics.
Bubby Dacer case – Identified by means of dentition.
Law mandates all dentists to keep dental records of
their patients and submit them to NBI for recording
purposes.
Only the DENTIST is in the proper position to identify
dentition.
HANDWRITING, HANDPRINTING, AND HANDNUMBERING
 Sec.23, Rule 132, Rules of Court – Handwriting, how proved:
The handwriting of a person may be proved by any witness
who believes it to be the handwriting of such person, and
has seen the person write, or has seen writing purporting to
Page 6 of 16
 be his upon which the witness has acted or been charged,
and thus acquired knowledge of the handwriting of such
person. Evidence respecting the handwriting may also be
given by a comparison, made by the witness or the court,
with writings admitted or treated as genuine by the party
against whom the evidence is offered, or proved to be
genuine to the satisfaction of the judge.
BIBLIOTICS – science of handwriting analysis. It is the
study of documents and writing materials to determine its
genuineness or authorship.
GRAPHOLOGY – study of handwriting for the purpose of
determining the writer’s personality, character and
aptitude.
Example: Madame Auring
IDENTIFICATION OF SKELETON
Points can be determined approximately:
 Whether the remains are of human origin or not.
 Whether the remains belong to single person or not.
 Height.
a. Actual measurement of the skeleton.
b. Pearson’s Formulae for reconstruction of the living
stature of long bones, whose animal matters have
disappeared and which are in a dry state.
c. Stature from bone (Dupertius and Hadden’s General
Formulae for Reconstruction Of Stature From Lengths
of Dry Long Bones Without Cartilage).
d. Topinard’s and Rollet’s Formula – used in determining
the height of males and females.
e. Humphrey’s Table – different height of bones for
different ages and their corresponding statures.
f. Lacassagne’ Table – uses a coefficient for the
determination of height.
g. Manouvrier’s Formula – based on length of tibia,
fibula, radius, and ulna for the determination of height.
h. Estimations of Total Foetal Length from One or More
Bones.
 Sex.
a. Pelvis
b. Skull
c. Sternum
d. Femur
e. Humerus
 Race.
a. Extrinsic Factors
 Color of the skin
 Facial features
 Nature of the hair
 Mode of dressing
b. Indices
 Skull
 Pelvis
 Extremities
 Age.
a. Appearance of Ossification Centers
b. Union of Bones an Epiphyses
c. Dental Identification
d. Obliteration of Cranial Sutures
 Length of interment or length of time from date of death.
 Presence or absence of ante-mortem or post-mortem bone
injuries.
 Congenital deformities and acquired injuries on the hard
tissues causing permanent deformities.
Determine the race, sex
Estimate the height first
 Ave. Filipino male - 5’6”, female – 5’2”
Determine cause of death
Example: crack – trauma, hole – gunshot wound
Difference between male and female
 MLSS – “Mastoid process is Larger, Styloid process is
Shorter” in MALES
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
DETERMINATION OF SEX
Legal Importance of Sex Determination
 As an aid in identification.
 To determine whether an individual can exercise certain
obligations vested by law to one sex only.
 Marriage or the union of a man and a woman.
 Rights granted by law are different to different sexes.
 There are certain crimes wherein a specific sex can only be
the offender or victim.
DETERMINATION OF AGE
Legal Importance of Determination of Age
 As in aid in identification.
 Determination of criminal liability.
 Determination of right of suffrage.
 Determination whether a person can exercise civil rights.
 Determination of the capacity to contract marriage.
 As a requisite to certain crimes.
IDENTIFICATION OF BLOOD AND BLOOD STAINS
Legal Importance of the Study of Blood
 For disputed parentage (maternity and paternity).
 Circumstantial or corroborative evidence against or in favor
of the perpetrator of a crime.
 Determination of the cause of death.
 Determination of the direction of escape of the victim or
the assailant.
 Determination of the approximate time the crime was
committed.
BY STUDYING THE BLOOD CLOT IF IT IS ANTE-
MORTEM OF POST-MORTEM:
Ante-mortem: clotted when victim was still alive,
homogenous in nature, very thick, difficult to be
stripped
Post-mortem: clotted when the victim was already
dead, heterogeneous, can be easily stripped, clotting
mechanism is no longer functioning – “it is actually
dried blood, not clotted blood”
 Determination of the place of commission of the crime.
 Determination of the presence of certain diseases.
Problems to be Answered in the Examination of Blood
 Determine whether the stain is due to blood.
 If due to blood, determine whether it is of human origin or
not.
 If it is of human origin, to what group does it belong?
 Does it belong to the person in question?
 The manner, degree, and condition f the article which have
been stained.
 Age of the stain.
Physical Examinations
 Solubility test
 Heat test
 Luminescence
Chemical Examinations
 Saline extract of the blood stain + ammonia = brownish
tinge (due to formation of alkaline hematin)
 Benzidine test: White filter paper is pressed on the stain.
Benzidine is dropped on the paper, followed by hydrogen
peroxide. (+) result: blue color
 Guaiacum test: White filter paper is pressed on the stain.
Guaiacum is added, then hydrogen peroxide or ozonic ether
is applied by drops. If (+) with blood: blue color
 Phenolphthalein test: tests the presence of oxidase. Kestle-
Meyer’s reagent is dropped on the white filter paper with
the stain, left for 10 secs. (+) result: pink after addition of
hydrogen peroxide.
 Leucomalachite green test: (+) result: bluish-green or
peacock blue color.
Microscopic Examinations
Page 7 of 16
 Micro-Chemical Examinations
 Hemochromogen crystal or Takayama test
Fragment of suspected material is placed on a glass slide
→ hemochromogen reagent is added → slide is heated
→ examined under the microscope.
(+) result: salmon pink to dark brown crystals, irregular
rhoimboids or in clusters.
 Teichmann’s blood crystals or Hemin crystals test
A drop of water with trace of sodium chloride is added to
the fragments which are placed on a slide → Glacial
acetic acid is added and evaporated.
(+) result: dark brown rhombic prisms. Considered to be
the best test.
 Acetone-haemin of Wagenhaar test
Particle on a glass slide (needle is intersposed to prevent
direct contact between slide and cover slip) → Drop of
acetone is added → oxalic or acetic acid is then added.
(+) result: small, dark, dichroic acicular acetone-haemin
crystals
Spectroscopic Examinations
 From fresh blood stains (Oxyhemoglobin, Hemoglobin, and
Reduced hematin or hemochrogen)
 From older stains (Methemoglobin, Alkaline hematin,
Hematoporphyrin, and Reduced hematin)
 Other blood preparations (Acid hematin, Alkaline hematin,
Carboxyhemoglobin, and Hematin)
Biologic Examinations
 Precipitin test - test if human or not
 Blood grouping
FOR DISPUTED PARENTAGE
DNA as a Proof of Paternity
Example 1: Mom is Type A; Dad is Type B – Possible offspring are A,
B, AB, or O. You are blood Type AB – you may or may not be the
offspring of your parents. (Inconclusive to paternity)
Example 2: Mom is Type A; Dad is Type O – Possible offspring are A
and O. Your blood type is AB – you are not the biological child.
(Conclusive to non-paternity)
CIRCUMSTANTIAL OR CORROBORATIVE EVIDENCE
Can be against or in favour of the perpetrator
REVIEW: (Glenda and Rafael )
 Direct evidence – directly saw
“I saw Rafael on top of Glenda without clothes; with resistance.”
(I witnessed the crime)
 Circumstantial or Corroborative – not direct to the issue
“Before opening the door, I saw Rafael running away, holding his
underwear, then upon entering the room I saw Glenda, without
underwear.”
(Only corroborative, because Rafael was not seen forcibly entering
Glenda. For all we know, Rafael may be running away because he
was being raped by Glenda. )
SIMULATION OF BIRTH – A CRIME
 Example: Girl A and girl B are twin sisters and girl A could not bear
a child so girl B agreed to be the surrogate mother. Upon giving
birth, girl A wanted to put her name on the baby’s birth certificate
as the one who gave birth. Is it legal? Right? – It is ILLEGAL and
WRONG! DO NOT ACCEPT!
 12-20 years imprisonment
SUBSTITUTION OF ONE CHILD FOR THE OTHER
 Example: “Kunin yung bata kasi cute.”
 Wrong – imprisonment between 12-20 years
BEFORE IN VITRO FERTILIZATION…
 Both parties (partners - husband and wife) must sign a consent
 If without consent, the child is illegitimate
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
PATERNITY
 A problem in the Philippines (“Hindi akin yung bata.”)
 HLA paternity test → 94-97% accurate (P60,000)
 If they cannot afford - parental likeness (“magkamukha”)
Blood – sometimes only circumstantial
Example: Drips of blood – suspect’s blood found in the
scene of the crime, Glenda is the deceased victim.
“Blood is only corroborative. It may be the blood of
the suspect, but that blood will not testify by itself that
the suspect killed the victim. It will only strengthen the
case because the suspect’s blood is found at the scene
of the crime. You cannot convict an accused merely by
the strength of corroborative evidence. That accused
must be acquitted if there is no direct evidence.”
EXCEPTION:
If there are so many corroborative evidences that it is
the only time the accused may be charged guilty
without any direct evidence. That is why it is so hard to
convict an accused in a crime of rape; generally, there
are only 2 witnesses in the crime. (the victim and the
offender)
Example: Kobe Bryant – defense: consensual sex
TIP: (for the males) Always get a love letter first to
prove that sex was consensual. 
IDENTIFICATION OF HAIR AND FIBERS
KINDS OF IMPRESSION
REAL – impression of the finger bulbs with the printing ink on
the paper surface
CHANCE – fingerprints impressed by mere chance without any
intention to produce it, it may be:
 Visible
 Plastic
 Latent
Can fingerprints be effaced? No.
Can fingerprints be forged? No.
IN RELATION TO THE CASE OF PHILLIP PESTAÑO:
CADAVERIC SPASM – instantaneous rigor produced
during instant death. Muscle did not have the time to
relax. Only a group of muscles are involved. Indicative
of instantaneous death.
RIGOR MORTIS – the whole muscles of the body is
involved. Manifests 3-6 hours after death. A natural
phenomenon. Occurs much faster in warmer regions
or areas.
PARAFFIN TEST – results are only presumptive, not
conclusive
THE MEDICAL CERTIFICATE
- Medicolegal report and Medical Certificate – two different
reports.
- Any certificate issued by a doctor can be a subject of a subpoena.
- Required by the police to prove injuries, etc.
- Penalty → 6 mos imprisonment
What is the difference between the terms DIAGNOSIS and
CLINICAL IMPRESSION in law?
DIAGNOSIS – no room for error
CLINICAL IMPRESSION – there is room for error
In writing a medical certificate, it is better to use
“clinical impression” than “diagnosis”
Page 8 of 16
TYPICAL MEDICAL CERTIFICATE
NATURE OF INJURIES:
Personal circumstances Stab wound – same as
Date incised wound, but
I hereby certify that _____ was personally seen and manner is penetrating.
examined by the undersigned last (…from)______ because
 Example: Bolo ni
of ____________. Clinical Impression is ____________.I
Rambo – can appear
have prescribed ______ and advised patient to rest for
as Lacerated wound
_________days/weeks.
(Bolo with
This medical certicate is issued for _______ purpose
serrations)
only and not intended for medicolegal/court use.
(sgd) Lacerated / Avulsed wound – caused by contact with BLUNT
object and causing a breakage in the skin
- Even if it written that the medical certificate is not
intended for court use, can still be use as a subject for
subpoena as long as the signature is still there.

MEDICOLEGAL REPORT
In reporting, do not add what is not there and do not remove
what is there.
“The patient is not your friend and the accused is not your
enemy.”

The doctor testifies not in favor of the victim or the

accused but as a third party based on what he has
personally examined. Depends on the court to  Example: Fist blows, vehicle bumpers, baseball bat, lead
evaluate based on the doctor’s testimony. He is not pipes, butt of the gun, etc.
there to testify to favor a party, rather to enlighten the  NOTE: According to Sir, this looks like an incised wound
court (what are the injury sustained by the patient Incised (Sliced/Cut) wound – caused by sharp edged instrument
when he examined the patient) or object
Form of Documentation  Example: Blade, knife,
 Personal circumstances: name, age, civil status, sex, scalpel, paper cuts etc.
address, occupation Hacking – a large incised
 Inpatient, outpatient, ER, clinic wound
 ALLEGED (because history is taken form the patient; in case
that the patient is not telling the truth) place, date, time of  Example: Ax, bolo,
infliction samurai, etc
 Nature
 Date and time of examination (important in the Contusion/Bruise (pasa) –
determination whether injuries are compatible / consistent extravasation of blood into
with the date and time of infliction) the surrounding tissues
 Vital signs because of damage to blood
 Level of consciousness and coherence vessels. Can be sustained
 Degree of ambulation when a blunt object is
 General appearance applied to the body and the
skin did not break
PHYSICAL INJURIES and EXAMINATION OF WOUNDS  “pasa” or bruise
 Shape, color (blue-brown-green-yellow)
PAUNAWA SA MAY MGA MASESELANG SIKMURA. - MHYKO  Ecchymosis, petechiae
 Tender, warm, erythematous on the first day → purplish on
DESCRIBED ACCORDING TO: the 2nd → green → yellow
Nature
Description of color id important in determining
Shape
whether injuries are compatible/consistent with the
Measurement date/time of infliction of injury
Anatomical location
Hematoma (Blood cyst/tumor/bukol) – extravasation of blood
TYPES: in a newly formed cavity
OPEN – there is breakage of skin (Example: open fracture)  Example: Contusion hematoma, periorbital hematoma
 Abrasion – skin comes in contact with a rough surface,  Contusion hematoma – hematoma + discoloration
(“gasgas”)
 Laceration – force of a blunt object. Edges are irregular Gunshot Wounds – caused by a bullet or slug. If caused by a
(“wakwak”, “putok”, Example: Pinalo ng martilyo, boxers gun, it is a lacerated wound
wound during a boxing match)
Important Points:
 Incision – sharp edged object causing it to break. Edges are
 Point of entry vs.
clean & regular, manner is tangential (“hiwa”, Example:
Point of exit
nahiwa ng kutsilyo)
 Products of
 Puncture – from a sharp, pointed object (icepicks, ballpens,
combustion
screwdrivers)
 Tattooing /
CLOSED – no breakage of the skin (Example: sprain) smudging /
 Petechiae – small extravasation of blood singeing
 Contusion – extravasation of blood causing discoloration of  Contusion collar
skin, no breakage of skin (“pasa”)
 Hematoma – encystment of blood causing a mass effect
(“bukol”,)

TRANSCRIBED BY: Jorap Rosal & Rika De Borja Page 9 of 16

COPYREAD AND COMPILED BY: Mhyko
 Burn Injury
 Example: picture is a burn injury from a heated spoon, as a
form of torture. This was commonly done during Martial
Law.
Self- inflicted Incised Wounds
 Hesitation cuts
 Have to note if these are self inflicted or defense wounds
Defense Wounds Sutured Lacerated Wounds
-- describe it as it is
Electrical Burns - Hair dryer Contact Burns
Pattern of wounds - one look and you already know
what caused the injury
“It is important to describe the wound. If you cannot
say if the wound is lacerated or a stab wound, you just
better describe the wound. Direct evidence is
presented in court, you can now state with certainty
that the instrument used can consistent with the injury
sustained.”
Example: The patient had a lacerated wound and went
to St. Lukes, was sutured, then went to UERM. How
would you describe it? “The patient came in with a
sutured wound.” NOT LACERATED WOUND.
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
Description of Instrument Type:
 Example: The wound sustained is a stab wound, then the
complainant presents a rock. (“Nakakasaksak ba ang
bato?”)
Description of Instrument Size:
 Example: Instrument used is a bolo, and the injury is a 2 cm
stab wound
 Example: 5 cm stab wound, and the instrument is a Swiss
knife
Description of Anatomical Area/Laterality:
 Example: Victim claims he was stabbed at his right side,
your report says stab wound is on the left. (Tsktsk.)
PROBABLE QUESTIONS THAT WILL BE ASKED IN COURT
What could have caused the injuries?
Example: Lacerated wound on the left supraorbital area (Can be
caused by a blunt object was applied to the area: stine, butt of
the gun, fist, etc.)
Are the injuries consistent with the allegations of the patient /
victim?
Example: The victim was hit by a bat. Is your finding of an
incised wound consistent with the story of the patient? (A bat
cannot produce an incised wound. Dapat lacerated.)
What is the probable position between the victim and the
assailant?
Example: Used in gunshot wounds – left or right, higher or lower
position of the assailant in relation to the victim
Example: Assailant is from the right, stab wound I on the left
anterior axillary line. But there were 2 assailants. The assailant
from the right can be acquitted since the injury is on the left.
How many possible assailants are there?
How many weapons could have been used?
Which of the injuries were inflicted first?
Were the injuries accidental, homicidal or suicidal (or self-
inflicted)?
Example: There is no such thing as suicidal palmar strangulation,
it is always homicidal or murder.
Example: Note handedness - in suicide by gunshot wounds.
Point of entry should match the side of the victim will use
dominant’s hand.
Example: Cadaveric spasm – Findings were: Point of entry: left;
Point of exit: right; Cadaveric spasm: left upper extremity.
Theory of suicide is very strong.
Are the wounds mortal / fatal?
Mortal: can cause death at that instance
 Example: gunshot wound to the carotid arteries
Non-mortal: person will not die even without medical attention
 Example: gunshot wound to the forefinger. Judgment call
of the doctor
PHYSICAL INJURIES: CONCLUSION
- “Barring any complications or injuries not clinically apparent at
the time of examination, patient’s injuries shall require medical
attendance or shall incapacitate the patient from performing his
habitual work for a period of not less than ______ days but not
more than _____ days.”
CATEGORIES OF PHYSICAL INJURIES:
- SLIGHT INJURY: 0-9 days required for medical attendance and
time that the patient is rendered incapacitated.
- LESS SERIOUS INJURY: More than 9 days but less than 30 days
- SERIOUS INJURY: more than 30 days
Page 10 of 16
 Even if less than 30 days but injury results to insanity,
impurity, impunity, blindness, loss of function,
permanent deformity like a scar in the face, it is
considered a serious physical injury.
PARICIDE - Killing of ascendants, descendants and
spouse
INFLICTION – Killing of brother and sister
EXAMPLE: FRACTURED HUMERUS, LEFT HAND.
- The complainant is right handed lawyer and was able to return to
rd
work on the 3 day. Lawyers don’t need hands for them to work.
Why classify it as a serious type of physical injury?
- Answer: According to the law, “Will require medical attendance
or shall incapacitate the patient.” The patient may not be
incapacitated by more than 31 days, but will require medical
attention for more 31 days. Because fractures heal for 2 months
to 2 years.
VIRGINITY
- Not have been altered carnally
- Carnal – sexual knowledge
- “Only woman can be a virgin” – only women have hymens
2 KINDS:
MORAL
 One who does not know the sex act
 One who have not experienced sexual relations
 Children below the age of puberty, and whose sex organs
and secondary characterstics not yet developed
PHYSICAL
Woman is conscious of the nature of sexual life but have not yet
experienced sexual intercourse.
 TRUE PHYSICAL VIRGINITY
- Woman is virgin, hymen is intact, inserting the smallest
finger can evoke pain
- Hymen edges are distict and regular, with a small
opening barely admitting the tip of the smallest finger
even if the thighs are separated.
 FALSE PHYSICAL VIRGINITY
- Same as true virgin, but vaginal canal is lax, with less
degree of resistance (Example: Can accommodate at
least 2 fingers)
- May have previous sexual relations
DEMI-VIRGIN
Permits partner of all sexual acts as long as they abstain from
rupturing the hymen
May have other forms of sexual abuses for their mutual
satisfaction but not to the extent of rupturing the hymen
MYTH 1: A virgin bleeds during her first time.
MYTH 2: The first time must be painful. False, may not be painful
if the woman is aroused, well lubricated.
DEFLORATION: laceration of the hymen as a result of sexual
intercourse
Unruptured hymen is not always a sure indication of
preservation of virginity.
Hymen can be lacerated even before first contact.
Other ways of having a laceration of the hymen:
biking, aerobics, gymnastics, horseback riding, intense
scratching, instrumentation, masturbation, trauma
VIRGO INTACTA
Truly virtuous woman
Woman who had isolated sexual intercourses or even habitually,
provided she had not born a child
Virginity is not the same as chastity.
A woman may resort to many forms of homosexual as
well as heterosexual practise without losing her
virginity, yet she is unchaste. A woman may have
ruptured hymen and other signs of loss of physical
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
virginity, but she is chaste. She may resort to
masturbation with rupture of the hymen and dilatation
of the vaginal canal, yet she is still a virgin.
POINTS TO BE CONSIDERED IN THE DETERMINATION OF THE
CONDITION OF VIRGINITY
BREASTS – not a good basis of determination of physical
virginity. The breasts are firm and the nipples are small and
surrounded by areola which are pinkish brown or brown in
color.young adults have different shapes of breasts. A fully
developed virgin breast may be:
 Hemispherical
 Conical
 Infantile or flat
 Pendulous
 Combination – conically pendulous or hemishperically
pendulous
VAGINAL CANAL – tight and rugosities are prominent and sharp,
has a certain degree of resistance upon insertion of finger or
instrumentation. Not a good basis of virginity. (others have a
naturally lax canal and other have a tight canal even they have
had previous sexual intercourses.)
LABIA MAJORA AND MINORA – Again, not a good sign of
virginity.
FOURCHETTE AND PERINEUM - not a good sign of virginity.
HYMEN – the presence of unruptured hymen does not always
show virginity.
KINDS OF LACERATIONS:
INCOMPLETE – does not involve the whole width or height of the
hymen
 Superficial: laceration does not reach ½ of the whole width
of the hymen
 Deep: laceration reaches ½ of the width of the hymen, but
does not reach the base
COMPLETE – laceration which involves the whole width, but
does not reach the base
COMPLICATED - not only the hymen is lacerated, but also the
surrounding structures (perineum, vaginal canal, urethra or
rectum)
Location of the laceration is described like the face of
the clock (10 o’ clock, 2 o’ clock laceration)
CRIMES OF CHASTITY
- Private crimes
- Only the victim has the right to file a complaint to the exclusion
of others, unless the victim is a minor or a retardate.
- Rape, seduction, adultery concubinage, acts of lasciviousness,
abduction
RAPE
Man having carnal knowledge with a woman with the use of
force, intimidation, deprived of reason; when the woman is
unconscious, sleeping
When the woman is under 12 years old even though neither of
the circumstances mentioned in the two next preceding
paragraphs shall be present
CARNAL KNOWLEDGE
Act of a man having a sexual connection with a
woman. There is carnal knowledge of there is the
slightest penetration of the sexual organ of the female
by the sexual organ of the male.
IN THE OLD LAW:
 Rape is considered as crime against chastity
 Only a woman can be a victim of rape. (For men to have
sex, must have erect penis  arousal  unnatural for men
to be victims of rape
 There is no such thing as marital rape
 Sodomy (Anal sex) only considered as act of lasciviousness
(Penalty: up to 6 years imprisonment)
Page 11 of 16
 IN THE NEW LAW:
 RAPE: insertion of any object in the genitalia (May it be an
erect or limp penis, finger, fingers, fist, soda can, soda
bottle, etc.
 Rape is now considered as crime against persons
 A man now can be a victim of rape.
 Sodomy is now considered as rape
UNCONSCIOUSNESS OF THE OFFENDED PARTY
 Act committed while the woman was asleep
 Act committed after the woman was knocked unconscious
 Administration of narcotics
 Lethargy produced by sickness
WHEN THE WOMAN IS BELOW 12 YEARS OF AGE
 It is always rape regardless the fact that no force or
intimidation was applied or the child is not deprivd of
reason or otherwise conscious
 Is also rape even if the child consented or even if the child is
a prostitute
 REASON: one must not take advantage of the meager
intelligence and incomplete physical development of a child
 If the consent was induced by the administration of drugs
which INCITES HER PASSION and the drug DOES NOT
DEPRIVE HER OF REASON, the ACCUSED IS NOT GUILTY. 
CAN A WOMAN BE RAPED WHILE SHE IS ON HER NATURAL
SLEEP?
 It may happen, but highly improbable.
CAN RAPE BE COMMITTED ON A PROSTITUTE?
 Yes. Virginity or unchaste character is not a necessary
element of the crime of rape.
CAN A WOMAN COMMIT THE CRIME OF RAPE ON A MAN?
 It can only be committed on a woman and not a man
(inclusion UNIUS ET EXCLUSION ALTERIOS) she committed
Acts of lasciviousness.
MAY RAPE CAUSE DEATH?
 Yes. The introduction of a matured male sex organ into the
vagina of a young girl may produce local injury sufficient to
produce death (hemorrhage, gangrene, peritonitis)
ACTS OF LASCIVIOUSNESS
Touching of private parts with an attempt to lay
If touching private parts just to annoy, is it not acts of
lasciviousness, but UNJUST VEXATION. (Penalty: P100)
You have to prove the intention for it to be classified as acts of
lasciviousness.
Lascivious acts are conducts which tend to excite lust or
produce voluptuous or lewd emotion
ELEMENTS OF THE CRIME
The offender commits any act of lasciviousness and was
committed by the following means:
 Using force or intimidation
 Depriving the offended party of reason or otherwise
unconscious
 When the woman is under 12 years of age.
ACTS OF LASCIVIOUSNESS with CONSENT (REQUISITES):
 The offender must be a man who committed acts of
lasciviousness
 Victim is a woman who is a virgin, or single, or a widow of
good reputation, over 12 years and under 18 years of age
 The offender was able to perform the lascivious acts by
abuse of confidence, authority, relationship or deceit.
QUALIFIED SEDUCTION
The seduction of a 12-18 year old committed by any person in
public authority, priest, house-servant, domestic, guardian,
teacher or any person shall be entrusted the education or
custody of the woman seduced
REQUISITES:
 The virginity of the offended party
 Age of the offended party must be 12-18 y/o
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
 Carnal knowledge of the offended party
 Act was done by abuse in authority
SEDUCTION
Man having unlawful sexual intercourse with a woman; having
an affair, sex is consensual
(*** Sexual intercourse: both man and woman)
Only a man can be charged of seduction, and only a woman can
file a case of seduction
QUALIFIED INCESTUOUS SEDUCTION
Can be father to daughter, but not mother to son
Committed on the sister of descendant
Victim may need not be a virgin or 18 years of age
SIMPLE SEDUCTION
Woman not necessarily a virgin, 12-18 years old, single or a
widow of good reputation and was committed by deceit
Example: Young, gwapo, prof who is interested with
his beautiful beautiful student:
“I will pass you in Legal Med if you will come with me
in exchange for some sexytime.”
Then after the deed, the prof breaks up with you and
fails the student. (There is deceit, abuse of trust)
Deceit – there is cheating, misrepresentation
Distinction between Qualified and Simple Seduction:
 Virginity is an element of qualified, but not of simple
 Deceit is an element of simple, but not of qualified
ABDUCTION
FORCIBLE ABDUCTION
 Taking away of a woman with lewd design
LEWD DESIGN
Desire to have sex with a woman. The intent to seduce
is sufficient sexual intercourse is not necessary to
convict the abductor.
 The woman need not be a virgin, 12-18 years old, as long as
there is use of force
 If successful of having sex: Abduction with rape
REQUISITES:
 Person abducted must be a woman
 Abduction is against her will
 There must be lewd designs
CONSENTED ABDUCTION
 Abduction of a virgin 12-18 years old, carried out with her
consent and with lewd designs
 “Tanan”
 Filed by the parents of the daughter against the boyfriend
ADULTERY
Married woman having sex with a man other than her husband,
and by the man who has carnal knowledge of her, knowing her
to be married.
Who can be charged?: married woman and her lover
Defense of the lover/paramour: “I did not know that she is
married!”
CONCUBINAGE
Married man having sexual intercourse with a woman other
than his wife (Concubine)
Penalty:
 Of the concubine: Destierro
 Of the married man: no penalty 
How is Concubinage committed?
 Keeping the mistress in the conjugal homes
 Having scandalous sex
 Cohabiting with the concubine.
Page 12 of 16
CORRUPTION OF MINORS
A person who habitually or with abuse of authority or confidence
promote or facilitate the prostitution or the corruption of
persons under age to satisfy the lust of another
WHITE SLAVE TRADE
Engaging in the business or shall profit by prostitution or
enlisting the services of women for the purpose of prostitution.
CIVIL LIABILITY OF PERSONS GUILTY OF SOME CRIMES
OF CHASTITY
- To indemnify the offended woman
- To acknowledge the offspring; unless the law should prevent him
from so doing;
- In every case to support the offspring
UNNATURAL SEXUAL OFFENSES
- Deviation to the normal course of nature
- Uncommonly observed manifestations of sexual perversion
- Do not exhibit criminal intent, but manifesting mental aberrations
which may be a subject matter for the psychiatrist to treat
- Factors responsible for sexual maladjustments: environment,
degree of education, degree of morality, habits
MASTURBATION or SELF GRATIFICATION:
 A criminal act if done in public places or within knowledge
or view of the public
INDECENT EXPOSURE or EXHIBITIONISM
 willful exposure in public areas of one’s genitals in the
presence of another person, usually of the opposite sex
 exhibition of genitals with or without masturbatory acts
 Harmful in the sense of decency and good moral, hence, it is
punishable
BUGGERY
 A form of sexual perversion wherein a person obtains sexual
gratification with animals of by means of the anus of
human beings
- Sodomy – through anus of human being
- Bestiality – gratification is by means of sexual relations
with animals :}
- Pederastia – the passive role is played by a boy 
PEDOPHILIA
 Has sexual or erotic love for children
 Engages sexual contact with child of either sex
TRIBADISM or LESBIANISM
 Woman has sexual intercourse with another woman
 As a result of curiosity or sex experimentation
 Some lesbians have antipathy towards men
FETISHISM
 Found in the male only
 Objects such as female clothing or part of the female body
as the sole power to arouse sexual feeling or produce
orgasm
TRANSVERTISM
 Perversion among males who find sexual pleasure in
wearing female apparel
 Sometimes found in women who desire to dress in male
attire
 A transvestite has a psychic identification with the opposite
sex. (Example: A female transvestite believes she has a
penis)
 As a rule, they are “harmless”  they have no desire to
harm anyone, only interested in attracting attention. 
ALGOLAGNIA
 Abnormal and distorted activity of sexual impulse towards
the opposite sex with pain as the source of sexual stimulus
 Flagellation is the sexual deviation associated with the act
of whipping or being whipped.
TRANSCRIBED BY: Jorap Rosal & Rika De Borja
COPYREAD AND COMPILED BY: Mhyko
 Sadism: infliction of pain is necessary and sometimes the
sole factor in enjoyment. Called necrosadism or lust murder
if the victim dies.
 Masochism: reverse of sadism. Enjoyment is attained when
pain or humiliation has been received from the opposite sex
FELLATIO or IRRUMATION
 Female agent receiving a penis of a man into her mouth and
by friction with the lips and tongue coupled with the act of
sucking initiate orgasm
 Compatible with a normal individual, and may not be
considered as a sexual abnormality
CUNNILINGUS
 Sexual gratification is attained by licking or sucking the
external female genitalia
 Also not considered as a sexual abnormality
 Accessory form of sexual excitation, except when associated
with other forms of abnormalities
FROTTAGE
 Compulsive desire to rub against some part of the body of
another, generally the opposite sex
 Often pretend that rubbing is accidental (Example: In
crowded trains, buses, etc)
PARTIALISM
 Person has a special affinity to a certain part of the female
anatomy
 Sexual intercourse is usually secondary to satisfy his sexual
desire
TROILISM
 Three persons participate in the sexual act (aka ménage a
trois)
 Two men and a woman; two women and a man
PLURALISM
 Group of people participate in sexual orgies
VOYEURISM
 Compulsion to peep for the purpose of seeing persons
undress or engage in sexual relation
MIXOSCOPIA
 Sexual pleasure is attained by watching a couple in the act
of sexual intercourse
COPROLALIA
 The need to use obscene language to obtain sexual
excitement
 By writing on walls of toilets or by exclaiming profane words
or obscene expressions
 Example: “****, ***** ******** ****!!!”( wag na lang)
UROLAGNIA
 Sexual excitement is associated with the act of urination.
May have the desire to drink the urine of the sexual partner
COPROPHILIA
 Sexual excitement is associated in the act of defecating
DON JUANISM
 Characterized by sexual promiscuity and make seduction of
many women as a career
 Usually, they cannot find their ideal woman in their life. 
NECROPHILIA
- Erotic desire or actual sexual intercourse with a corpse
 (Think about Anatomy gross laboratory)
SATYRIASIS and NYMPHOMANIA
 Excessive desire of intercourse in men and women,
respectively
ANILINGUS
 Sexual excitement is associated with licking the anus of
another person of either sex
Page 13 of 16
 PYGMALIONISM c. Combustion collar
 Sexual desire with a statue or statues d. Smudging

NARCISSISM 2. If all the evidences of the product of combustion are present at

 Extreme admiration and love of one’s self the point of entry of gunshot wounds, the probable distance
 Sexual gratification is attained by looking at the mirror and could be
appreciating his own self :} a. Not more than six inches (6”)
b. Beyond twenty four inches (24”)
MISCELLANEOUS c. More than 2 meters (2m)
d. Less than 3 meters (3m)
DISGUISED WRITING
Deliberate attempt on the part of the writer to alter his writing 3. The farthest distance that tattooing can be visible by the naked
habit by endeavouring to invent a new writing style or imitation eye is
the writing of another person. a. Six inches (6’)
 Example: writing an anonymous love letter, death threats b. Twenty four inches (24”)
to professors c. Thirty four inches (34”)
Forged signature/writing: done slowly d. Forty four inches (44”)
 How to know if a handwriting or signature is forged or 4. The best consideration in determining the relative position of the
spurious: take pictures, magnify it 1000x. Original: only one victim in relation to the assailant in a shooting incident is:
stroke, thick and dark a. Width of the contusion collar
Forged: light b. Concentration of smudging and tattooing
BASIC DEFINITIONS IN BALLISTICS c. Shape of the point of entrance to the exit of the gunshot
wound
INTERNAL BALLISTICS – what happens outside the gun
d. Relationship of the entrance to the exit of the gunshot
EXTERNAL BALLISTICS – what happens outside the gun
wound
TERMINAL BALLISTICS – what happens when the bullet hits an
object 5. The most prominent sign of death is
MEDICAL BALLISTICS – what happens when the bullet hits a a. Progressive fall of the body temperature
person → only a doctor can testify b. Cessation of heart action and circulation
c. Cessation of respiration
GUNSHOT WOUND (GSW)
d. Insensibility of body and loss of power to move
Which comes out first? “BALA muna”
How to tell the distance of the shooter from the one who was 6. The entire muscular tissue undergo changes after death EXCEPT:
shot… When you see.. a. Postmortem muscular irritability
 Burning or scorching – not more than 3 inches (pistol) and b. Postmortem rigidity
6 inches (rifle) c. Secondary flaccidity
 Smoke (soot, smudging, fouling, smoke blackening) – not d. Cadaveric spasm
more than 12 inches distance
 Tattooing (stippling or peppering) – not more than 24 7. Death due to extensive brain laceration as a result of a vehicular
inches accident is an example of:
 None – more than 24 inches a. Immediate cause of death
The more concentrating/tattooing of carbon, the nearer the b. Proximate cause of death
shooting c. Secondary cause of death
PRODUCTS OF COMBUSTION – show the distance of shooting d. Manner of death

ABRASION/CONTUSION COLLAR – appears circular if the shooter is in 8. Infanticidal death is killing of a child:
front of the victim and oblique if otherwise. a. Below 3 days old
b. Below 3 weeks old
PARAFFIN TEST c. Below 3 months old
Results only presumptive d. Below 3 years old
Do in the DORSUM of the hand
Must be done within 3 days 9. Which would indicate that a gun was fired at a short range?
False (+) – smoker, shooting range a. Abrasion collar
False (-) – shooter wore gloves, used vinegar to remove debris?, b. Smudging
excessive handwashing, testing days after shooting c. Edges of gunshot wound are inverted
d. Smaller point of entry in gunshot wounds
PARICIDE
10. The application of scientific knowledge or science to elucidate
killing of spouse, ascendants/descendants (whether legal or
legal problem is
illegal)
a. Medical jurisprudence
b. Legal medicine
Greetings to: c. Forensic medicine
 El Maestro Miko Ramoso d. Forensic pathology
 MR. Gerald Libranda na ayaw maniwala na may legal 11. The scope of Legal Medicine includes:
med trans a. Anatomy
 My study buddies sa Mini Stop. b. Physiology
 UERM Red Cross members c. Physics
d. AOTA
SAMPLE EXAM QUESTIONS e. NOTA

I included this part, so that it would be fair for everyone. 12. Types of medical evidence EXCEPT:
a. Autoptic or real evidence
1. The products of combustion produced by a firearm that will give a b. Testimonial evidence
physical finding in the point of entry are the following, EXCEPT: c. Experimental evidence
a. Singeing d. Documentary evidence
b. Tattooing e. Photographic evidence

TRANSCRIBED BY: Jorap Rosal & Rika De Borja Page 14 of 16

COPYREAD AND COMPILED BY: Mhyko
 23. The following officials of the government are authorized to make
13. The most prominent sign of death is: death investigations, EXCEPT:
a. Progressive fall of the body temperature a. Provincials of City Fiscals
b. Cessation of heart action and circulation b. Judges of regional trial court
c. Cessation of respiration c. Director of the Philippine National Police
d. Insensibility of body and loss of power to move d. Director of the National Bureau of Investigation
14. One example of a smooth bore firearm is e. Justices of the Supreme Court
a. Armalite 24. In the strict sense of the word FORENSIC MEDICINE means:
b. Smith and Wesson handgun a. Application of medicine to legal cases
c. Heretta b. Application of medical science to elucidate legal problems
d. Paltik c. Knowledge of law in relation in the practice of medicine
15. The identification of firearm or ballistics is important in firearm d. NOTA
injuries since it helps in the: e. AOTA
a. Differentiation between entrance and exit gunshot wounds 25. The commonly used method of deception detection are the
b. Determination of the relative position of the victim to the following EXCEPT:
assailant a. Se of polygraph or lie detection machine
c. Determination of the distance fired b. Administration of truth serum
d. Identification of the weapon used c. Hypnotism
16. That kind of evidence necessary for conviction which proves the d. Use of electro-encephalogram machine
fact in dispute without the aid of any inference of presumption 26. Things demanded in a medical witness:
and which correspond to precise or actual point at issue: a. Unbiased in his/her testimony
a. Circumstantial evidence b. Expected his/her field of specialty
b. Direct evidence c. Experienced in his/her field of specialty
c. Preponderance of evidence d. AOTA
d. Documentary evidence e. NOTA
17. Reasons for the inadmissibility to the court on the result of Lie 27. A physician who specializes or is involved primarily with medico-
Detector Examination are the following EXCEPT: legal duties is known as:
a. Polygraph techniques are still in the experimental stage. a. Medico-legal officer
b. There is no way to assure that a qualified examiner b. Medical examiner
administered the test. c. Coroner
c. The test cannot be relied upon because of many errors. d. AOTA
d. A person may unwillingly waive his/her right against self- e. Except letter C
incrimination.
e. The test has gained a degree of development beyond 28. Distinction between an ordinary physician and a medico-legal
experimental stage. officer are the following:
a. Ordinary physician sees an injury on the view point of
18. Increases of lactic acid, phosphoric acid, and the reaction become treatment, while a medico-legal officer sees injury on the
acidic in the muscles after death is found in point of view of cause
a. Postmortem rigidity b. The purpose of an ordinary physician examining a patient is
b. Cadaveric rigidity to arrive at a definite diagnosis so that proper treatment
c. AOTA can be administered while the purpose of a medico-legal
d. NOTA officer is to make a report and testify before a court
19. It is found in the most dependent portion of the body involving c. Minor injuries are ignored by an ordinary physician, while a
the superficial layer of the skin, color is dull red purplish, uniform medico-legal officer records all bodily injuries
not elevated which appear after death: d. AOTA
a. Postmortem lividity e. Except letter C
b. Postmortem suggilation 29. A physician witness who testifies in court on matters he perceive
c. Livor mortis from his patient in the course of physician/patient relationship is
d. AOTA considered as an:
e. NOTA a. Expert witness
20. The different test to determine cessation of heart action and b. Ordinary witness
circulation are the following: c. Paid witness
a. Magnus test d. AOTA
b. Icard’s test e. NOTA
c. Diaphanous test 30. In actual interrogation and recording in polygraph examination,
d. AOTA the following standard test question are pro founded EXCEPT:
e. NOTA a. Irrelevant question
21. In a fight, a man received a kick which damaged the right testis b. Relevant question
and required its surgical removal. The offender may be held liable c. Control question
for: d. Silent answer test
a. Less serious physical injury 31. Reasons for the inadmissibility to the court of the result of lie
b. Serious physical injury detector examination:
c. Mutilation a. Polygraph technique are still in the experimental stage
d. Frustrated homicide b. There is no way to assure that a qualified examiner
22. Killing of a father, mother, or child is administered the test
a. Homicide c. The test cannot be relied upon because of many errors
b. Infanticide d. All of the above
c. Parricide 32. It is an expressed acknowledgement by the accused in a criminal
d. Murder case of the truth of his guilt as to the crime charged:

TRANSCRIBED BY: Jorap Rosal & Rika De Borja Page 15 of 16

COPYREAD AND COMPILED BY: Mhyko
 a. Confession d. Any of the above
b. Admission
c. Interrogation 44. Contusion is also known as:
d. AOTA a. Hematoma
e. NOTA b. Sprain
c. Bruise
33. The scope of LEGAL MEDICINE includes: d. NOTA
a. Anatomy
b. Physiology 45. Abrasions are caused by:
c. Physics a. Blunt object
d. AOTA b. Sharp edged object
e. NOTA c. Friction
d. Blunt object
34. The following are the different types of Physical Evidence EXCEPT:
a. Corpus delicti evidence 46. Which statement is NOT valid?
b. Documentary evidence a. Cadaveric spasms may or may not appear after death
c. Associative evidence b. Rigor mortis involves all muscles of the body
d. Tracing evidence c. Rigor mortis develops early in cold weather
d. Rigor mortis sally appears 3 – 6 hours after death
35. Fractured skull recovered ring exhumation is:
a. Autoptic evidence 47. A person lost one eye after being physically assaulted. The
b. Documentary evidence offender is liable for:
c. Circumstantial evidence a. Mutilation
d. Experimental evidence b. Slight physical injury
c. Less serious physical injury
36. This is a medical evidence known or address to the senses of the d. Serious physical injury
court not limited to the sense of vision, but it is intended to that
of hearing, taste, smell, and touch. 48. The product of combustion produced by a firearm that will
a. Experimental evidence produce a physical finding in the point of entry of gunshot
b. Documentary evidence wounds, the following EXCEPT:
c. Autoptic or real evidence a. Singeing
d. Corpus evidence b. Tattooing
c. Contusion collar
37. To find out the truth is an essential requirement for the d. Smudging
administration of justice. Which of the following is the commonly
used method of deception detection? AS REQUESTED by *****.
a. Lie detection method
b. Use of drugs
c. Hypnotism
d. Confession

38. Presidential Decree No. 169 mandates all physicians to report all
cases involving:
a. Slight and less serious physical injuries
b. Less serious and serious physical injuries
c. Mutilation
d. Child abuse

39. The medical witness who refuses to answer questions

propounded to him may be cited for:
a. Dishonorable conduct
b. Perjury
c. Indirect contempt
d. Direct contempt

40. As a witness in court, a physician may refuse to answer a question

propounded to him if his answer:
a. Will not be relevant to the case at issue
b. Will be self-incriminatory
c. Will antagonize the judge
d. Will blacken the reputation of a friend

41. The odds in two persons having the same set of fingerprints is:
a. 1 to 64,000
b. 1 to 64 million Bonus!!
c. 1 to 64 billion
d. 1 to 64 trillion

42. A lacerated wound is caused by:

a. Sharp object
b. Blunt object
c. Sharp pointed object
d. Any of the above

43. An incised wound is caused by:

a. Sharp edged instrument
b. Sharp pointed object
c. Blunt object

TRANSCRIBED BY: Jorap Rosal & Rika De Borja Page 16 of 16

COPYREAD AND COMPILED BY: Mhyko
* These are only additional notes not found in Legal Organ Donation
Medicine Summary * • Who can determine brain death?
o Attending MD and another consultant
Definition of terms: (transplantation)
• Medico-legal – science that deals with the use o 2 qualified MD, neurologist or
of medical knowledge in a medical problem that neurosurgeon or internist (for purpose
helps the court solve a problem through medical of transplantation)
expertise. • Who can donate?
• Medical jurisprudence – denotes knowledge of o 18 years old and above of sound mind
law in relation to medical practice; concerned o < 18 years old or minors with signed
with the study of duties, rights, and obligations parental consent (written)
of the MD with particular reference to physician- o Permission of near of kin immediately
patient relationship. before or after death (legal spouse,
• Forensic Medicine – branch of medicine dealing children [descendants], parents
with medical knowledge in order to elucidate [ascendants], siblings)
legal issues; settle legal issues. • Who may become donees? (recipients of the
organs)
Medico-legal cases: o Any specified individual
• Violent or criminal cases (stabbing /shooting o Any organ band storage facility
/assault) o Any hospital, MD, or surgeon
• Accidental death (individual cases, behavioral, o Any accredited institution (academic
falling from heights) use)
• Suicidal cases (poisoning, falling, hanging,
shooting) *****************************************
• Sexual cases/assaults Importance of Death Determination
• Deaths • Civil personality extinguished
o Sudden • Properties transmitted to heirs
o Unexpected • Partnership is dissolved
o Unexplained • Agency is extinguished
o Suspicious • Civil case claims dismissed
o Of unnatural causes
Signs of death
Death is the termination of life 1. Cessation of heart action
Categories of Death a. examination of the heart
• Cardiopulmonary Arrest/ Cardiorespiratory pulse (absent)
Death auscultation (absent heart sounds)
o Complete, persistent, and irreversible fluoroscopy (absent movement)
cessation of cardiopulmonary function ECG (electrical discharge)
• Brain Death b. examination of peripheral circulation
o Complete, persistent, and irreversible • Magnus test: ligature on finger Æ distal
cessation of function of the cerebrum cyanosis Æ alive ( means that there is +
and the brainstem circulation)
o Organs for transplantation can be • Opening of small artery Æ
taken: kidneys (bilateral, can be taken spurting/bleeding Æ alive
even if alive; donor may not be dead) • Pressure on fingernails Æ paling of nail
beds Æ alive
Philippine Clinical Criteria of Brain Death • Diapahnous test Æ place hand above light
• Complete, persistent, irreversible cessation of Æ if finger webs are pink = alive
circulatory, respiratory, and brain or brainstem • Ichards test Æ inject fluorescin
functions (combination) subcutaneously Æ greenish discoloration Æ
• Irreversibility: brain function loss due to coma alive
o Persisting for at least 24 hours • Pulse/heat
o Possibility of recovery is excluded 2. Cessation of respiration
• Cessation of brain function Auscultation (no breath sounds)
o Irreversible coma (isoelectric , flat EEG) Chest movements
o Negative response to apnea test for 10 Winslow test: container with mercury/water on
minutes saucer on top of chest Æ movement of
o No brainstem function as far as reflexes liquid Æ alive
are concerned (absence of gag, Place mirror in front of nose/mouth Æ haziness
pupillary, corneal reflexes, etc) due to breathing Æ alive
• Exclusion (exclude if possibility exists) Feather, cotton in front of the nostrils/mouth Æ
o Drug and metabolic intoxication movement Æ alive
o Hypothermia 3. Cooling of the body (algor mortis)
o Children 5 years and below • same temperature as that of the
o Shock surroundings (2-3 hours)
******************************************* • post-mortem cooling

1
4. Body insensibility/ insensitivity • Secondary flaccidity
no response to stimuli o occurs after 24 hours
5. Skin changes o with discoloration and smell (onset of
• pale or opaque decomposition)
• no reaction to heat o body becomes limp again, muscles are
• loss of elasticity: postmortem contact soft and relaxed; muscle - alkaline
flattening (most important)
• scapular, buttocks, calves Æ become 2. Blood
flattened • Coagulation except in asphyxia (fluid)
6. Eye changes • Post mortem lividiy: accumulation of blood in
• no corneal reflex dependent areas of the body; (-) HR, (-) tone of
• no pupillary reaction of light blood vessels
• hazy cornea o hypostatic: fluid changes with position
• scleral sport – due to thinning (lividity changes after 8 hours in blood
7. Action of heat on skin vessels), temporary – 6-7 hours
o diffusion lividity: permanent, after 8 hours,
• Blistering (vital reaction: serum with reddish
does not change with position and blood is
base) Æ alive
coagulated
3. Autolysis
Post mortem body changes
1. Muscles • 24 hours
Primary flaccidity • Decomposition immediately after death for 24
• not rigid or stiff hours or more
• limp [relaxed (urinary incontinence – relaxation • Enzymatic action (proteolytic enzymes)
of sphincters): contact flattening postmortem: • No bacteria
postmortem muscular irritability] 4. Putrefaction
• 3-6 hours depending on environment or • After 24 hours (autolysis)
temperature • With bacteria
• Color changes
Rigor mortis • Gas formation: bloating o body (face, scrotum,
• Post-mortem rigidity or cadaveric rigidity abdomen); negroid facis
(contact flattening persists, may become • Liquefaction: dissolution of coagulated proteins
permanent change if it persists) • Modifications
• Due to accumulation of lactic acid and o Mummification
coagulation of plasma proteins o Saponification
• Occurs immediately after death but manifests 3- o Maceration
6 hours 5. Skeletonization
• Height = 12 hours post-mortem • Reduction of body to bony remains; no more soft
• Wanes after 24 hours tissues in cold countries
o temperate countries – 1 month (completely
Appreciated before 3 hours in hastened rigor mortis skeletonized)
• Convulsions, Illnesses o placed in water – 2 months
• Exhaustion o shallow grave without coffin – 1-2 months
o deep burial site in coffin – 4-6 months
• Newborn, Aged
• Decomposition if fastest in air
• Hot temperature
Factors or Conditions Influencing Decomposition
Delayed if:
Faster Slower
• Persons dying at rest
Obese Skinny, emaciated
• Healthy individuals
Infection Violent or sudden death
• Paralyzed persons Runny water (movement) (no infection)
Moist, fertile soil (bacteria) Still water (clean)
The following stimulates rigor mortis Shallow grave (near Dry, sandy soil
• Heat stiffening moisture) Deep burial site (less
o 75 degrees Celsius: flexion of Hot environment (rigor mortis bacteria)
extremities, pugulistic attitude is faster) Frozen or cold
o Those dying in fires (extremities are Soft weak coffins (water can environment
flexed; flexors are more dominant than go in faster) Hard, airtight coffins
extensors) Organic materials in coffin Abundant moisture in air
• Bodies subjected to extreme cold (cold (food) Clothing (later) = tight;
stiffening) Mass graves (bacteria, prevent entry of moisture
o freezing temperatures shallow( and bacteria
o solidification of fat No light (decomposition of
• Cadaveric spasms organisms favor dark places)
o spontaneous rigor mortis Moderate moisture in air
o involves groups of muscles; one sided (bacteria)
o not always present Clothing – hotter (early)
o present in extreme nervous tension Septic air
o showed by a drowning patient Free air: humidity
o suicide using a gun (asymmetrical
muscle involvement)
o in rigor mortis, there is involvement of
all muscles ********************************************
2
Exhumation Procedures: Prerequisites
1. written request – next of kin • Scene of the crime investigation report/ visit
2. request DOH permit crime scene
3. scheduling of exhumation • Needs witness account
4. identification of exhumation/ burial site • Psychological
5. body site identified by the family
6. autopsy proper Medico-Legal Classification of Causes of Death
7. form final report (all actions begin and end with a 1. Natural
report) 2. Violent
• Accidental – lawful act, with care, no intention of
Exceptions: if for criminal investigation/ cases killing
• perishable information (refers to soft tissue or • Negligent – bad judgment, lack of skill, lack of
poison) is needed foresight, reckless imprudence
• DOH may shorten the period as it seems proper • Suicidal
• there has to be consent given by the next of kin • Parricidal – killing of relatives
(legal spouse, descendants, parents, siblings) legitimate or illegitimate father, mother, and
• consent of the next of kin will not be required if child
he is the suspect. Establish that the patient died legitimate ascendants, descendents, spouse
of natural causes. Government owns the body • Infanticidal - <3 days old
who is a victim of violence (needs court order). • Murder and Homicide differ according to
circumstances; both are intentional, not
******************************************* justified, and not parricide
Osteology o Homicide: lighter
human remains – make sure if bone is of human origin o Murder: killing of a person with intention,
or not not parricide, not infanticide, with qualifying
• body ornaments – jewelries circumstances
• clothing
• inside a coffin Murder
• dental fillings, dentures, braces – solid 1. superior strength, arms (weapon) or number with
evidence treachery
whether one individual or more than 2 by plurality of 2. hired killings; priced money is promised
bones: 3. with evident premeditation
• paired (left and right) 4. cruelty; torture, outrage
• if with 13 digits: more or less > 1 person 5. using a motor vehicle, fire, poison
living stature/height 6. if done during a calamity (confused state)
• Pearson’s formula for long bones (male and
female), approximate height to differentiate Methods in Suicides: most convenient, least painful,
between male and female quickest, surest
sex determination
• Female: less prominent jaw, gynecoid pelvic To be qualified as suicide, satisfy the following
bone (inlet) • police investigation report
• Male: prominent supraorbital ridges, large • witness testimony
mastoid, quadrangular frontal bone • psychological background
approximation of age • crime scene investigation
• Laboratory procedures (x-ray) • physical examination report : consider if victim is
o cranial sutures right or left handed
o epiphyseal closure of long bones
o arthritic changes of vertebrae: >40 Sites of Election
years old • forehead or temples (brain)
o eruption/ erosion of molars • mouth : “best”, most common
length of internment • under chin
• based on amount of soft tissues attached to • neck
bones • front chest : lungs, heart
• brittleness, dryness, and firmness of bones
cause of death Suicide likely
• look for clues, if possible • site of election
• antemortem body injuries • one shot or wound
• hesitation wounds - >1 slashing, hesitation trial,
M Manner of death – murder, homicide tentative cuts, parallel wound cuts
M Mechanism of death – derangement produced by • no clothing over wound – will not let anything
the cause of death hinder objective; no tear in clothing (did it on
M Cause of death – injury/disease that led to the fatal purpose) e.g. chest stab
end
• clothing/ belongings left behind – e.g. drowning
Manner/Mechanism/Cause of Death: only a judge can
Suicide NOT likely
give this
• inaccessible site
1. Natural (from disease)
2. Unnatural or violent (from injury) – homicide, • no weapon
accident, suicide, undetermined origin • no hesitation wounds
• shot woman – usually no gun, always murdered
unless proven otherwise; women would rather use
poison or stab herself

3
 • eye or abdominal wound – lingering, painful, Electrocution
uncertain • Cause of death – ventricular fibrillation
• Large contact area – no visible skin burning
Death under special circumstances Lightning
• Tumultuous affray • Either with all kinds/signs of physical injury or
free for all : charged only for physical injuries none at all
and not for death, rumble • Magnetization
• Exceptional circumstances • Melting of jewelries
Spouse: legal spouse caught in the act, reacted • Prominent superficial veins (ferning)
immediately; self-exile
Daughter < 18 years old, living with parent; Burns Scalding
caught in the act, immediately after the act Dry heat Moist heat
At or above site of flame At or below site of liquid
Natural Cause of Death with Signs of Violence contact contact
1. Inflicted immediately after death Singeing of hairs No singeing of hair
Impossible death Boundaries not distinct Distinct boundaries (map-
Danger to society like)
2. injury accelerated death due to natural disease Injury may be severe Usually limited injury
• e.g. liver problem – punched in the abdomen Clothing involved Clothing not usually
3. violence independent of natural causes of death involved
e.g. if with heart disease > startled, pushed,
slapped, etc. > death > no charge of murder, ******************************************
only slight physical injury BODIES FROM WATER
death is not the natural consequence of one’s 1. Natural Causes
action • Before entering water (e.g. heart attack)
• While in water (e.g. natural disease while in
******************************************
water)
BURNING
2. Injuries
• Before entering water
Death in Burning cases
1. Heat • While in water
2. Asphyxia 3. Exposure or hypothermia
3. Neurogenic Shock 4. Submersion
4. Hot gas inhalation 5. Drowning
5. CO toxicity
6. Noxious gas M Numbers 3, 4, 5 include panic, natural disease,
severe cold and laryngeal spasm
Body in a house fire will burn more completely due to M Washerwoman’s skin: macerated, whitened,
clothing (acts as a wick) wrinkled skin seen in drowning (after a few days:
Obese – burn more completely and rapidly (release of skin detachment; after a few weeks: hand removal)
body fat resulting to saponification) M Cutis anserine (gooseflesh/ goosebumps):
generalized pimpling of skin due to contraction of
Severity erector pili produced by cold or rigor mortis
Determine intensity of heat
Determine duration of exposure Autopsy Findings in Drowning
• Foam or Froth
Charring o Due to air, mucus, and water combined with
2 problems of MD: identification of the victim and respiratory movement
identification of cause of death o Still alive when exposed to water
Drying of the body, contraction of muscles, drying of o Pinkish or reddish – increase in pressure Æ
bones Æ cannot be measured correctly alveolar breakage Æ signs of agony
o Found in nostrils or mouth or cut lung
Sexes surfaces
• Examination of integral organs • Wrinkled skin – hands or feet
• Male – testicles • Conjunctival Hemorrhages
• Female – ovaries and uterus • Spot-like subpleural hemorrhages
• Pulmonary edema
X-ray: old fractures of bones, metallic foreign bodies,
dental fillings *****************************************
Areas of neck, ankles, wrists if tied up before burning – ASPHYXIA
e.g. skin from burned hands could detach : finger • Interference with the uptake and utilization of O2
print comparison and failure to eliminate CO2
Cause of death: 90% due to inhalation of gases • Brain is most sensitive

Tracheobronchial tree Types of Asphyxial Death

• Soot or dark carbon material – subject still alive • Anoxic (insufficient O2 in arterial blood)
when exposed to heat o High altitude
• Died as a result of asphyxia o Respiratory center paralysis
• Seen in autopsy o Respiratory disease
Flame throw o Smothering
• Death due to inhalation of super heated air o Choking
• Laryngeal edema – death after 2-3 hours o Drowning
o Traumatic asphyxia
4
 • Anemic (decreased capacity of blood to carry O2) Autopsy Lung Findings in Asphyxia
o Severe hemorrhage • Petechial hemorrhages
o Low Hb level • Congestion
o CO poisoning • Edema
• Stagnant (failure of circulation) • Slight, acute emphysema
o Heart failure/ tachycardia • Scattered atelectasis
o Shock
o Embolism M When an alcoholic falls in a canal, as long as the
o Vascular spasm water covers the nose and mouth, it is still
o Varicose veins considered as drowning
• Histotoxic (failure to utilize O2 properly)
o Cyanide poisoning *****************************************
o Alcohol SMOTHERING: blockage of respiratory passages/
external orifices or airway e.g. nose, mouth
Categories of Asphyxia • Avalanche
• Compression of neck • Plastic bag – increase water vapor
o Hanging • Pillow or hand overlying
¾ suspension of body either completely or o Free of signs
incompletely o Sufficiently long enough
¾ maintain pressure on neck Æ asphyxia o Usually during breastfeeding
¾ outward direction of ligature mark
towards the knot *****************************************
o Strangulation GUNSHOT WOUNDS
¾ produced by somebody else
¾ ligature mark usually horizontal Close Range Gunshot Fire
• Obstruction of airway 1. bullet – GSW or entrance
o Smothering 2. fire or flame – dark circumferential area or burning
o Choking 3. smoke – soot or smudging; the only sign that can be
o Laryngeal edema wiped out
• Compression of chest 4. some gunpowder residue or unburned residue –
o Also known as crushed asphyxia tattooing or stippling
o Prevent adequate respiratory movement
• Irrespirable gas inhalation Burning (flame): up to 2.5-3 inches
Smudging (smoke): up to 6-7 inches
Laryngeal Edema Tattoing (gunpowder or stippling): up to 12-18 inches
Causes All are present in contact fire but inside the wound
• Allergy (anaphylactic shock)
• Inflammation Big dark entrance – contact fire
• Neck trauma When in doubt, always check the bone
• Superheated air
• Maneuver Beveling
• Wounds from intubation • slug travels forward and in a rotating motion Æ
• Indirect blow gradually increasing the size of entrance
• where it is large – direction of bullet
Choking
• Complete/ incomplete obstruction or blockage of Paraffin examination
airway • adjunct
• Can be due to bolus of food (mistaken for café • (+) for nitrates
coronale which may mimic heart attack) • In the absence of any other test for nitrates, use
• Can also be due to dentures, vomitus this for whatever its worth
• Not so reliable
Chest Compression
• Collapsed building Shotgun wounds:
• Stampede • Firearm whose barrel is smooth-bored, intended to
discharge a compound composed of one or more
CO2 poisoning round balls or pellets
• Usually in low places where CO2 is heavier such as • Choked – small
manholes, cellars, basements, silos, enclosed • Unchoked – uniform
spaces • 2 farthest shots in inches (pellets) minus 1 =
distance (in yards)
CO poisoning • The longer the barrel, the longer the distance for
• Fire, fumes, or soot appearance or near fire
• Exhaust gas • Within 5 feet – one entrance only
• Illuminating gas • Within 10 feet – several individual entries
• Tobacco smoke • Usually 9 bullets
• Wad – felt or paper disk made to separate the
Anthanuria: painless, deliberate acceleration of death cartridges of shotgun within 5 feet

5
Extrinsic/External Evidences in Wounds • Sex organ – blood stains
1. Wounding weapon • (+) pubic hairs
• Location: near the victim Æ accidental or victim • Potency – subject is able to consummate the act
or suicidal • Infection
• Crushed by victim Æ more of suicidal
• Examine blood on weapon, hair, fibers Hymen
2. Clothing • Tissue or membrain guarding the opening or
• Look for signs orifice of vagina/birth canal
• Clean-cut defect: sharp edged object • Annular Hymen covers the whole opening and
• Blood-soaked: massive hemorrhage resembles a ring; most common type
3. Assailant • Crescentic Hymen
• Look at fingernails : part of victim’s skin • Septate Hymen
embedded • Cribriform/ Perforated Hymen
4. Scene of Crime • Fimbriated Hymen which is usually distensible with
loose edges; false virginity
M Rifling: process of creating grooves inside the • Imperforate/ Absent Hymen
barrel to render the bullets more accurate in
hitting the target Degree or Extent of Laceration of Hymen
M Complete set: known as Live ammunition, Round • Incomplete
of ammunition, Live round of ammunition o Superficial incomplete - < ½ the height of
M Remnant after hitting the target is known as Slug, hymen
Bullet, Projectile, Missile o Deep incomplete - > ½ height but not reach
the base
*****************************************
• Complete: laceration reaches the base but not
SEXUAL CRIMES
beyond it
• Compound/ Complicated
Rape of persons below 12 years old, even with consent
is termed Statutory Rape
Hymenal lacerations as to age:
1. bleeding/ early healing
New Anti-Rape Law – RA 8353
2. healing Æ congested edges with blood clots
• Crime against person
3. recently healed Æ 3 weeks to 1 month
o By a man against a woman
4. healed Æ no swelling, sharp edges, no congestion, 1
¾ force, threat, intimidation
½ to 2 months
¾ unconscious, depressed of reason
5. old healed Æ rounding of edges of laceration,
¾ fraudulent, machination, grave abuse of
beyond 3 months
authority
¾ below 12 years old or demented
Role of healing
o By a person against another person
• Extent
¾ penis into mouth/anus
¾ object/instrument into genitals/anus • Hymenal height – when , longer healing
• Crime against chastity (old) • Hymenal thickness – when , longer healing

Difference between old and new rape laws Negative Semenology Result
• Men can also be raped • Azospermic
o Sexual intercourse • Condom
o Sexual assault: lesser penalty than sexual • Gravity
intercourse • Washing
• Marital rape: need witnesses • Outside
• No ejaculation
Procedures in the exam of alleged rape victim • No intercourse
• Written request
• Written consent (from offending party) Negative extragenital injury
• History • Weak force
• Appearance, clothing • Long ago
• Height, weight, sexual characteristics • No force
• Extragenital physical injuries
• Genital exam Victim may be unconscious.
• Lab – smear for spermatozoa from oral, anal,
genital areas *****************************************
ABORTION
• Photograph
• Willfull killing of the fetus
Contusion • Legal: age of fetus is NOT important
• By forcible contact • Medical: up to 20 weeks AOG
• By pressure
Revised Penal Code
• By suction (love bites)
• Considered as crime against person due to
Genital area is the most injured part destruction of life

Examination of Rape suspect Two types

• Strength/ mental condtion • Intentional
• Physical injuries • Unintentional

6
M Even therapeutic abortion is not allowed; still illegal
M What is allowed is when Principle of Double Effect is
applied (ex. Give chemotherapy to mother who is
pregnant; abortion is a secondary result)

Elements of Intentional Abortion (ALL must be present)

• Woman must be pregnant
• Violence, drugs, beverage, or any untoward action
o Ex. Use of off label drugs (drugs used due to
their side effects like GI drugs that can be
used as an abortifacient)
• As a result, the fetus dies
• Abortion was intentional

Frustrated Intentional Abortion

• There is an attempt or intention to kill the fetus
• All acts of execution was performed
• The fetus still lives

Penalty depends on
• Presence of violence (physical injury)
• No violence but without consent
• No violence but with consent (still illegal even if
consent is present)

Elements of Unintentional Abortion

• Woman must be pregnant
• Violence but purpose is not to induce abortion (ex.
Domestic violence)
• Violence was intentional
• As a result, the fetus dies or is expelled

M Article 257: Unintentional Abortion Through Reckless

Imprudence (drugs, x-rays)
M Article 258: Abortion done by the woman herself or
parents

Article 259: Abortion practiced by the physician or

midwife and dispensing abortives
Elements
• Pregnant woman who has suffered an abortion
• Intent or injury to cause abortion
• Offender midwife/ physician caused or assisted
• Took advantage of his or her scientific knowledge
and skill

PD 79 on Population Control
• Advocates safe and effective means of family
planning
• Categorically states that abortion is an
unacceptable practice

7
1. In the strict sense of the word FORENSIC MEDICINE
means :

A. Application of medicine to legal cases.

B. Application of medical science to elucidate legal
problems
C. Knowledge of law in relation to the practice of
medicine
D. All of the above
2. The following are applied in identification of
persons

A. law of multiplicity of evidence in

identification
B. identification by comparison and exclusion
C. Both
D. Neither
3. The scientific methods of identification are:

A. finger printing
B. identification of skeleton
C. dental identification
D. All of the above
4. The art of identification by use of the hands and its
parts:

A. Dactylography
B. Poroscopy
C. Dactyloscopy
D. All of the above
5. Instances when the size of the entrance wound is
bigger that the caliber of the firearm used:

A. contact fire
B. acute angular approach of the bullet
C. deformity of the bullet
D. All of the above
6. The following are types of medical evidences:

A. photographic evidence
B. testimonial evidence
C. autoptic evidence
D. All of the above
7. The commonly used methods of deception detection
are the following:

A. use of polygraph or lie detection machine

B. hypnotism
C. administration of truth serum
D. All of the above
8. In identification, the characteristics of an
individual that may not easily be changes are the
following:

A. Gait
B. Mental memory
C. Speech
D. All of the
9. In determining the sex of a skeleton which is/are
NOT use:

A. ribs
B. tarsals
C. carpals
D. All of the above
10. Which one of the following statement is/are
WRONG?

A. the male pelvis is lighter in construction than

the female pelvis
B. the female cranium has a more curve shaft
C. the styloid process is shorter in female bones
D. All of the above
11. Post-mortem lividity maybe due to any of the
following:

A. suggillation
B. hypostasis
C. diffusion
D. all of the above
12. The sum total of all reactions of tissues or
organs to trauma is known as :

A. physical injuries
B. wounds
C. vital reactions
D. all of the above
13. The following are classified as open wounds:

A. gunshot wound
B. lacerated wound
C. stab wound
D. all of the above
14. The following are classified as closed wounds
EXCEPT:

A. hematoma
B. sprain
C. contusion
D. perforating wound
15. One example of a smooth bore fire arms is:

A.double barrel shotgun

B. smith wesson handgun
C. armalite rifle
D.colt handgun
16. In the identification of fire arms or ballistics is
in firearms injuries since which statement is
wrong:

A. differentes between entrance and exit of

gunshot wounds
B. Determines the distance between the
assailant to the victim
C. Determines of relative position of the victim
from the assailant
D. All of the above
17. The product of combustion produced by the
firearms are the following:

A. smudging
B. singeing
C. tattooing
D. all of the above
18. Kinds of death:

A. somatic death
B. apparent death
C. cellular death
D. All of the above
19. The following officials of the Government are
authorized to make death investigations:

A. provincial of City Prosecutors

B. director of the Philippine National Police
C. director of the National Bureau of
Investigation
D. All of the above
20. The different changes that takes place in the
muscles of the body after death:

A. stage of primary flaccidity

B. stage of postmortem rigidity
C. stage of secondary flaccidity
D. all of the above
21. Its Medico-Legal importance is to
approximate the time of death:

A. rigor mortis
B. muscular contraction
C. cadaveric spasm
D. all of the above
22. The following officers are authorized to
perform autopsies and dissections:

A.health officers
B.medical officers of the law enforcement
agencies
C.members of the medical staff of
accredited hospitals
D. all of the above
23. The different methods of judicial death
are the following:

A. death by musketry
B. death by gas chamber
C. death by electrocution
D. all of the above
24. Permission for cremation may be granted
when:

A. the identity of the deceased is not yet

established
B. death is due to natural causes
C. due to infectious diseases
D. All of the above
25. Things demanded in a medical witness:

A. unbiased in his/her testimony

B. experted his/her field of specialty
C. experienced in his/her field of specialty
D. all of the above
26. Strictly speaking caliber does not mean:

A. power of the gun

B. velocity of the bullet
C. ballistics
D. all of the above
27. The unburned or partially burned powder grains
embedded in the skin surrounding the point of
entry in gunshot wound produce:

A. Tattooing
B. Stippling
C. Peppering
D. all of the above
28. The whole body becomes rigid due to the
contraction of the muscles appearing three
to six hours after death:

A. muscle rigidity
B. rigor mortis
C. heat stiffening
D. All of the above
29. Killing of a child less than three days old:

A. Abortion
B. Infanticidal death
C. Murder
D. Parricidal death
30. When the injuries inflicted will incapacitate an
individual to do his usual activities or medical
attendance of from ten to thirty days:

A. less serious physical injury

B. slight physical injury
C. serious physical injury
D. all of the above
31. If the number of gunshot wounds of entrance
and exit found in the body of the victim is
even, the presumption is that no bullet is
lodge in the body; if odd the presumption is
that one or more bullets has been lodged in
the body, which does not apply?:

A. law of current
B. law in constant motion
C. kinetic energy
D. all of the above
32. Pugilistic attitude is not found in:

A. poisoning
B. stabbing
C. gunshot wound
D. all of the above
33. A young man was stabbed in the abdomen
developed generalized peritonitis and died.
Peritonitis is the:

A. manner of death
B. immediate cause of death
C. proximate cause of death
D. none of the above
34. A person lost the power of speech after
being physically assaulted. The offender is
not liable for:

A. homicide
B. murder
C. parricide
D. All of the
35. Which of the following is/are NOT the
characteristic of an exit gunshot wound?

A. contusion collar
B. wound smaller than the bullet
C. tattooing or smudging
D. all of the above
36. Paraffin test is performed at the dorsum of the
hands of the suspect assailant by shooting:

A. to determine the distance of the nuzzle of the

wounding gun from the victim
B. to approximate how many times the offender
fired the gun
C. to determine the power make and the caliber of
the gun used in the killing or inflicting of injury
on the victim.
D. To determine whether it is possible that the
suspect could have fired the gun
37. A physician who specializes or is involved
primarily with medico-legal duties is known
as:

A. medico-legal officer
B. coroner
C. medical examiner
D. all of the above
38. Distinction between an ordinary physician and a medico-
legal officer are the following:

A. ordinary physician sees an injury on the viewpoint of

treatment, while a medico-legal officer sees injury on
the point of view of cause.
B. The purpose of an ordinary physician examining a
patient is to arrive at a definite diagnosis so that
proper treatment can be administered, while the
purpose of a medico-legal officer is to make a report
and testify before a court
C. Minor injuries are ignored by an ordinary physician,
while a medico-legal officer records all bodily injuries
D. All of the above
39. A physician witness who testifies in court on
matters he perceived from his patient in the
course of physician-patient relationship is
considered as an:

A. expert witness
B. ordinary witness
C. paid witness
D. none of the above
40. That kind of evidence necessary for
conviction which proves the fact in dispute
without the aid of any inference or
presumption and which correspond to the
precise or actual point at issue:

A. circumstantial evidence
B. preponderance of evidence
C. direct evidence
D. documentary evidence
41. In actual interrogation and recording in
polygraph examination, the following standard
test question are NOT asked:

A. irrelevant question
B. cell phone number
C. biodata question
D. all of the above
42. Reasons for the inadmissibility to the court of
the result of lie detector examination:

A. polygraph technique are still in the

experimental stage
B. there is no way to assure that a qualified
examiner administered the test
C. the test cannot be relied upon because of
many errors
D. all of the above
43. It is an expressed acknowledgement by the
accused in a criminal case of the truth of his guilt
as to the crime charged:

A. Confirmation
B. Resolution
C. Interrogation
D. None of the above
44. Increased of lactic acid, phosphoric acid and
the reaction become acidic in the muscle after
death is found in:

A. postmortem rigidity
B. cadaveric rigidity
C. rigor mortis
D. All of the above
45. The presence of a weapon which is tightly
grasped by the hand of a victim of shooting
incident is an example of:

A. rigor mortis
B. cadaveric spasm
C. death stiffening
D. cadaveric rigidity
46. It is found in the most dependent portion of the
body involving the superficial layer of the skin,
color is dull red, purplish, and uniform not
elevated which appear after death:

A. postmortem lividity
B. postmortem hypostasis
C. postmortem suggillation
D. all of the above
47. Which would indicate that a gun was fired at
short range:

A. abrasion collar
B. contusion collar
C. tattooing or peppering
D. all of the above
48. The relative position of the assailant to the
victim in cases of gunshot wound cannot be
determined by:

A. peppering
B. tattooing
C. Singeing
D. All of the above
49. A heavy blunt instrument when forcible come
in contact with the skin and underlying tissue
can produced the following:

A. contusion
B. fracture .
C. abrasion
D. all of the above
50. Causes of death:

A. proximate cause of death

B. immediate cause of death
C. Underlying cause of death
D. All of the above