LEGAL MEDICINE VS.

MEDICILA JURISPRUDENCE

MEDICAL
LEGAL MEDICINE
JURISPRUDENCE
branch of law which
branch of medicine
deals with the
which deals and
policies, rules,
DEFINITION applies medical
regulations, ethics and
science in medico-
control in the practice
legal cases
of medical profession.
emanates from acts of
Congress, executive
development of
ORIGIN orders, administrative
medical science
circulars, custom and
usages
NATURE branch of medicine branch of law
deals with the
medical knowledge
policies, rules or
CHARACTERISTICS AND that is applied to law
regulations and ethics
APPLICATION and administration of
that is applied to the
justice
practice of medicine
Coordination - that
legal medicines Subordination - that it
coordinate medicine is the duty of a
PRINCIPLES to law and justice physician to obey the
law that regulates the
(Doctors coordinate practice of medicine.
with law enforcers)

ORDINARY PHYSICIAN VS. MEDICO-LEGAL OFFICER

ORDINARY PHYSICIAN MEDICO-LEGAL

(GENERAL OFFICER (POST
PRACTITIONER) MORTER
EXAMINATION)
LINE OF SPECIALTY they are medical doctor of medicine
practitioner or who specializes in
 specialist in other forensic medicine
fields of medicine
except forensic
medicine

special field of
medicine only

FORENSIC MEDICINE
branch of medicine
that deals with the
different medical
aspects involving
problems regarding
medico-legal cases
PURPOSE OF looks only for the determine the cause
EXAMINATION cause of illness and for the sake of law and
institute remedy or justice
treatment
BODY LESIONS minor lesions in the all the lesions in the
body are not so much body are significant
significant

PRINCIPLES GOVERNNG APPLICATION AND EFFECT OF LAWS

Ignorance of the law excuses no

IGNORANTIA LEGIS NOMINEM
one from compliance therewith.
EXCUSAT
STARE DECISIS when the court has once laid down
a principle of law as applied to a
certain state of facts, it will adhere
to that principle, and apply it to all
future cases where the facts
substantially the same.
(PROGRESSIVE)
 It is adherence to judicial
precedents. Once a question of law
has been examined and decided, it
should be deemed settled and
closed to further argument.

EXCEPTIONS:
 when laws provide the
contrary
 penal law shall have
retroactive if it is favorable
LAW SHALL HAVE NO
to the accused who is not
RETROACTIVE EFFECT, UNLESS
habitual delinquent
THE CONTRARY IS PROVIDED
 when the statute is
remedial in nature
 when the law creates a
new substantive right

RIGHTS MAY BE WAIVE UNLESS

THE WAIVER IS CONTRARY TO EXAMPLE: physician has the right
LAW, PUBLIC ORDER, PUBLIC to refuse emergency calls but in as
POLICY, MORALS, GOOD much as refusal is contrary to good
CUSTOMS, OR PREJUDICIAL TO A customs, morals and prejudicial to
THIRD PERSON WITH A RIGHT third person, he must ethically
RECOGNIZED BY LAW. answer to the call of emergency.

CUSTOMS WHICH ARE CONTRARY

TO LAW, PUBLIC ORDER OR CUSTOM- unwritten established
PUBLIC POLICY SHALL NOT BE long used.
COUNTENANCED

OTHER DEFINITIONS
 refers to medicine pertaining to its
MEDICAL
origin, nature and characteristics.
a science and art which deals with
the prevention and treatment of
MEDICINE
diseases and illnesses.

examining the different parts of

the body using different machines
PATHOLOGY
like microscope.

diseases of women
GYNECOLOGY
a rule of conduct just obligatory
laid by legitimate power for the
LAW
common observance and benefit.

_____________________________END____________________________
___

NEXT MEETING!
MEDICAL EVIDENCE
FORM OF MEDICAL EVIDENCE
EVIDENCE NECESSARY FOR CONVICTION
MEDTHODS OF PRESERVING EVIDENCE
Criminal Investigation
It is an art of gathering and acquiring information thru interview from the
cooperative subject and other means about the crime in dispute. Medico-
legal investigation about the question in issue by to use of medical
techniques in its procedures and operation.
Interview
It is the simple questioning of person who is usually cooperating with
the interviewer to acquire the necessary information.
Criminal Interrogation
It is an intensive and vigorous questioning between the reluctant
subject and the interrogator about the crime in dispute. The procedure
involved the use of psychological and neurological technique in the manner
of interrogation. In order to conduct a good and proper interrogation, It is
necessary that the following maybe taken into consideration:
1.Skilled and good attitude of the interrogator
An skilled interrogator studies the case very well and must
know the personal history of the subject in seeking the truth. He
should not be without clothes and should have the gun tucked in
his body while conducting the interrogation in order to avoid
fear on the part of the subject. On the other hand, the subject
should not be handcuffed or shackled. It is important to
remember that the subject should not be considered guilty unless
proven otherwise.
2. Private place
The interrogator room is a private room between the interrogator
and the subject only with no such furniture, telephone, pictures
and other room accessories that may cause obstruction or
distraction on the subject Usually two chairs (one chair for the
subject and one chair for the interrogator) should be in the room.
3.Manner of interrogation
The real purpose of the interrogation is not seeking for
confession of the subject but merely seeking the truth. The
interrogator will then enter the interrogation room and will begin
 asking questions using the language that is understandable,
avoiding expression or words that might hurt the feeling of the
subject and much more avoiding the infliction of physical
injuries to the subject. A systematic form of interrogation is
advisable.
Purpose of Interrogation
1To gather information as accurate and detailed as possible.
2.To inculcate new ideas, opinions or attitudes in a person.
3.To make confession and admission in a person
4. To bring about the arousal and display of attitudes under
conditions in which they can be influenced, i.e, in which new
learning can take place.
Role Physician In Criminal Interrogation
Participation by a doctor in the procedures involved in interrogation in depth
raises some awkward ethical questions. A doctor might will take a view that
he should not participate in procedures bringing a risk of harm to a person
with whom he stands in professional relationship. The position of a doctor in
the police or in military service would differ in some aspects from that of a
civilian doctor, It might be argued. It might perhaps be easier if the doctor
was called in only to give a professional opinion on the clinical state of a
person being interrogated and if he had no control over the conduct of the
interrogation. His attendance could not be taken to imply that he approved of,
or was a party to, what was being done.
Thus, the role of a doctor in a criminal interrogation is to assist
whenever it requires highly technical and medical skills in its operation and
interpretation of results.
LEGAL MEDICINE | MICHAEL RENZ PALABAY
DAY 1 (AUGUST 27, 2021)