COLLEGE OF CRIMINAL

HOLY ANGEL
JUSTICE EDUCATION &
UNIVERSITY
FORENSICS

Yulo, Brittany L. Forensic Medicine July 28, 2020

FS – 301 Dr. Estrella B.
Deala
Medical Evidence and its Types

One of the things considered as a compulsory or a demand in order to have a claim

determined is the need for medical evidence (Comcare, 2019). Medical evidence, according to
Law Insider (n.d.), consists of findings of examination or treatments, as well as medical signs,
which are observable anatomical, physiological, or psychological abnormalities. It is also
included as a legal means of making such a claim about a matter of fact in a judicial proceeding
where scientific medical knowledge is required. In addition, such medical evidence should be
made by a witness testifying on to the issue that is pertinent and stand by the Rules of Court of
the Philippines (BATAS natin, n.d.).

The Types of Medical Evidence

1. Autoptic (Real) Evidence

Material items in a case, objects, and things that the jury may physically hold and inspect,
are referred to as autoptic or real evidence. Fingerprints, blood samples, DNA, a knife, a gun,
and other tangible objects are examples of autoptic or real evidence (FindLaw, 2019). It
encompasses not only what is known through the sense of sight, but also what is perceived
through the senses of hearing, taste, smell, and touch as said in Section 1, Rule 130 in the Rules
of Court. Exceptions include (1) Indecency and impropriety and (2) Repulsive objects and those
offensive to sensibilities.

2. Testimonial Evidence

Orally and under oath or affirmation, a physician may be ordered to testify in front of a
court by giving answers to the questions given by the presiding officer of the court or the
counsels of parties. A physician can either be an ordinary witness or an expert witness (The
LawPhil Project, n.d.).

3. Experimental Evidence

A physician or medical witness may either be required or allowed by the court to conduct
experiments to confirm allegations as previously stated by the said physician. As stated by
Garbuio (2016), this type of evidence is produced with the use of experimental simulations,
laboratory experiments, and field experiments. Such evidence must not be an offense with
regards to propriety, decency, and sensibilities.

4. Documentary Evidence

This is any written evidence produced in court by a physician that is relevant to the
dispute and is not barred by the Rules of Court as per Section 2 of Rule 130 (The LawPhil
 COLLEGE OF CRIMINAL
HOLY ANGEL
JUSTICE EDUCATION &
UNIVERSITY
FORENSICS
Project, n.d.). Documentary evidence which are deemed medical can be in a form of written
opinions, formal written reports, certificates, depositions, and dying declarations.

References

BATAS natin. (n.d.). Rule 130 Rules of Court - Admissibility of Evidence. Retrieved
from https://batasnatin.com/law-library/remedial-law/evidence/1089-rule-130-rules-of-court-
admissibility-of-evidence.html

Comcare. (2019). Medical Evidence. Retrieved from

https://www.comcare.gov.au/claims/assessing-claims/medical-evidence

FindLaw. (2019). Real and Demonstrative Evidence. Retrieved from

https://www.findlaw.com/criminal/criminal-procedure/real-and-demonstrative-evidence.html

Garbuio M. (2016) Experimental Evidence. In: Augier M., Teece D. (eds) The Palgrave
Encyclopedia of Strategic Management. Palgrave Macmillan, London. Retrieved from
https://doi.org/10.1057/978-1-349-94848-2_708-1

Law Insider. (n.d.). Objective medical evidence definition. Retrieved from

https://www.lawinsider.com/dictionary/objective-medical-evidence

The LawPhil Project. (n.d.). Revised Rules on Evidence. Retrieved from

https://lawphil.net/courts/rules/rc_128-134_evidence.html