(LAW 317)Legal Medicine

Jurisprudence- Judicial decisions applying or interpreting the laws shall form a part of Philippine
Jurisprudence.

Is it possible that the decisions from CA and RTC can be a jurisprudence? Does it really need to be
coming from the Supreme Court? What are the instances when it is possible?

*Yes. If the case is no longer be elevated from the Supreme Court.

*No. It really need not be coming from the Supreme Court. Decision from the CA can be part of
the jurisprudence.

Principle of Stare Decisis- When the Court has laid down a principle of law or interpretation as applied
to a certain state of facts, it will adhere to and apply the dame to all future cases when the facts are
substantially the same.

When can a retroactive law be applied? –

*When it is beneficial to the accuse or the convict

Legal Medicine- A branch of medicine which deals with the application of medical knowledge to
purposes of law and in the administration of justice.

Medical Jurisprudence- A branch of a law that deals with the regulation of the practice of medicine

Practices legal medicine? - medical jurist, medical examiner, medico-legal officer, medico-legal expert,
coroner

Differentiate Medical Jurist v Ordinary Physician-

Point of view- (OP) treatment, (MJ) causes

Purpose- (OP) diagnosis and treatment, (MJ) testify in court/investigation

Consideration- (OP) Life threatening conditions, (MJ) All injuries, even minor ones

Add on: (OP) treat and examine the living, (MJ) examine the living or the dead

Scope of Legal Medicine

1. (Civil Law) Civil personality, natural person’s capacity to act, marriage and legal separation,
paternity and filiation, etc.
 When does civil personality starts?

Article 40- The civil personality of the child shall commence from the time of his conception
for all purposes favorable to him, subject to the requirements of article 41 of the civil code.

 Is conception similar to pregnancy?

 Conception is when the sperm meets with the egg; Pregnancy happens when the fertilize
ovum gets into the lining of the uterus.
2. (Remedial Law) Physical and mental examination of a person; proceedings for hospitalization of
an insane person; rules on evidence, etc.

Medical Evidence –

 What is evidence?

Evidence is a species of proof or probative matter which is legally presented during the trial
of any issue by any parties for the purpose of inducing to the minds of the court the
contention for whichever party.

 What is the primary requirement that should be fulfilled for the evidence to be
admissible?

The evidence should be relevant

 What is the plural of evidence?

Pieces of evidence