CHAPTER II

DECEPTION DETECTION

DEFINE

 Deception Detection
-the success or failure in making decisions may rest solely on the ability to evaluate the truth or
falsity of the statement given by the suspect or witness.
-the task for its determination initially lies on the hand of the investigator.
-modern scientific methods have been devised utilizing knowledge of physiology, psychology,
pharmacology, toxicology, etc. in determining whether a subject is telling the truth or not.

 Truth
- the knowledge of the truth is an essential requirement for the administration of criminal
justice.

 Hypnosis
-is the alteration of consciousness and concentration in which the subject manifests a
heightened of suggestibility while awareness is maintained.
-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.

 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 a potential clue to 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.

 Interrogation
-is 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.

 Confession
-an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as to
the crime charged, or of some essentials thereof.
-confession is a statement of guilt

 Admission
 -usually a statement of fact by the accused which does not directly involve an acknowledgement
of guilt of the accused

 Corpus delicti
-means body of the crime or fact of specific loss or injury sustained.
-it may not be necessarily be the body of the crime but may consist of facts and circumstances
tending to corroborate the confession.

KNOW

 Lie detector or polygraph

-the instrument (lie detector) is like an electrocardiogram or electroencephalogram with
recording stylets making tracings on moving paper at the rate of 6 inches per minute.
-it is not appropriate to call a lie detector a polygraph.
A lie detector records physiological changes that occur in association with lying in a polygraph.
It is the fear of detection of the subject which allows the determination.
The fear of the subject when not telling the truth activates the sympathetic nervous system to a
series of automatic and involuntary physiological changes which are recorded by the instrument.
-the test must be made in a room especially built for the purpose. It must be quiet, private,
sound-proof and free from any disturbances and distractions.
- Extrenuous noises, like blowing of horns, ringing of bells, or telephone and loud conversations
of persons must be avoided.
-the subject is seated on a chair beside a table where the instrument is located.
The pneumograph tubes are placed around the chest and abdomen, the blood pressure cuff
around the upper right arm, and the electrodes are attached to the two fingers of the other
hand. The back of the chair is equipped with an inflatable rubber bladder for the purpose of
recording the muscular contraction and pressure. All the gadgets attached are connected to the
recording instrument. The subject must be placed in a position so that he looks straight ahead.
-the subject is instructed to remain as quiet as possible, to answer all questions by “yes” or
“no”, to refrain from other verbal responses during the test. If any explanations are to be made,
the subject is instructed to wait until the termination of the test.

 Word association test

-a list of stimulus and non-stimulus words are read to the subject who is instructed to answer as
quickly as possible. The answers to the question may be a “yes” or a “no”. unlike the lie
detector, the time interval between the words uttered by the examiner and the answer of the
subject is recorded.
-when questions bear some words which have to do with the criminal act the subject allegedly
committed, like knife, gun or hammer which was used in the killing, the tendency is to delay the
answer.
-the test is not concerned with the answer, be it a yes or no. the important factor is the time of
response in relation to stimulus or non-stimulus words.
-like the use of the lie detector, the subject cannot be compelled to be subjected to the test
without his consent.
 Psychological stress evaluator
-detects, measures, and graphically displays the voice modulations that we cannot hear.
When a person speaks, there are audible voice frequencies, and superimposed on these are the
inaudible frequency modulations which are products of minute oscillation of the muscles of the
voice mechanism.
Such oscillations of the muscles or microtremor occur at the rate or 8 to 14 cycles per second
and controlled by the central nervous system.
-when a person is under stress as when he is lying, the microtremor in the voice utterance is
moderately or completely suppressed. The degree of suppression varies inversely to the degree
of psychologic stress in the speaker. When a person is under stress, as when he is lying, these
frequencies tend to disappear.
-when a person is relaxed and responding honestly to the questions, those inaudible frequencies
are registered clearly on the instrument.

 Truth serum administration

-the term “truth serum” is a misnomer. The procedure does not make someone tell the truth
and the thing administered is not a serum but a drug.
-in the test, hyoscine hydrobromide 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.
-the drug acts as depressants on the nervous system. Clinical evidence indicates that various
segments of the brain particularly the cortex and the diencephalon are selectively depressed in
the reversed order of their evolutionary development.
-the use of drugs for the purpose is not without the element of danger and should not be
attempted except by a physician who has had experience in using the drug. Scopolamine may
sometimes cause psychotic reactions.
-statements taken from the subject while under the influence of truth serum are evolutionary
obtained hence they are not admissible as evidence. Because of the potential risks involved in
the application of the procedure, it is seldom used by law-enforcement agencies.

 Narcoanalysis or narcosynthesis
-practically, the same as that of administration of truth serum. The only difference is the drug
used. Psychiatric sodium amytal or sodium pentothal is administered to the subject.
-it is claimed that the drug causes depression of the inhibitory mechanism of the brain and the
subject talks freely.
-the administration of the drug and subsequent interrogation must be done by a psychiatrist
with a long experience on the line.

 Alcohol intoxication
-the apparent stimulation effect of alcohol is really the result of the control mechanism of the
brain, so alcohol, like truth serum, and narcoanalytic drugs “inhibit the inhibitor”. (In vino veritas
– in wine there is truth)
 -the questioning must start during the excitatory state when the subject has the sensation of his
well-being and when his action, speech and emotions are less strained due to the lowering of
the inhibition normally exercised by the higher brain centers. When the subject is already in the
depressive state due to the effect of the alcohol, he will no longer be able to answer any
question.
-confessions made by the subject while under the influence of alcohol may be admissible if he is
physically capable of to recollect the facts that he uttered after the effect 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.

 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.

 Emotional appeal
-the interrogator must create a mood that is conducive to confession

 Mutt & Jeff technique

-there must be at least 2 investigators with opposite character, one (Mutt) who is arrogant and
relentless, and the other (Jeff) who is friendly, sympathetic and kind

 Bluff on split- pair technique

-applicable where there are two or more persons who allegedly participated in the commission
of a crime. While one of them is interrogated, 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
-questions must be answered clearly, and the interrogator utilizes harsh language.

 Narration
-the subject is given the opportunity to make a lengthy, time-consuming narration
There may be a moment when the subject becomes confused and desists from making further
statement for fear of contradicting his previous statement

DIFFERENTIATE

 Extra judicial confession

-a confession made outside of the court prior to the trial of the case
Sec. 3, Rule 133, Rules if Court- Extra Judicial confession, not sufficient ground for conviction:
An extra judicial confession made by an accused, shall not be sufficient ground for conviction,
unless corroborated of evidence of corpus delicti
  Judicial confession
-this is the confession of the accused in court. It is conclusive upon the court and may be
considered to be a mitigating circumstance to criminal liability.
A plea of guilty when formally entered on arraignment is sufficient to sustain a conviction of any
offense, even a capital one, without further proof.
Sec. 2 Rule 129, Rule of Court- Judicial Admissions
Admissions made by the parties in the pleadings, or in the course of the trial or other
proceedings do not require proof and can not be contradicted unless previously shown to have
been made through palpable mistake.

 Voluntary ej confession
-the accused speaks on his free will and accord, without inducement of any kind, and with full
and complete knowledge of the nature and consequence of the confession
 Involuntary ej confession
-obtained through force, threat, intimidation, duress or anything influencing the voluntary act of
the confessor. Such are inadmissible evidence.

EXPLAIN

 Psycho- physiological response process

-the nervous control of the human body includes the central nervous system (the brain and the
spinal cord) and the autonomic or regulating nervous system (sympathetic and
parasympathetic) the central nervous system primarily controls the motor and sensory functions
that occur at or above the threshold. It may be voluntary. The autonomic nervous system acts as
a self-regulating autonomic response of the body.
The autonomic nervous system is composed of two complimentary branches: the
sympathetic and the parasympathetic nervous system, acting opposite each other. The fibers of
both enervate are all organs where self-regulation is essential.
When a person is under the influence of physical (exertion) or emotional (anger,
excitement, fear, lie detection, etc.) stimuli, the sympathetic will dominate and over-ride the
parasympathetic, thus, there will be changes in the heart rate, pulse rate, blood pressure,
respiratory tracing, psychogalvanic reflexes, time of response to question, voice tracing, etc. the
parasympathetic nervous system works to restore things to normal when the conditions of
stress have been removed. It is the dominant branch when the condition is normal and the
subject is calm, contented and relaxed.
The recording of some of the psycho-physiological reaction of a subject when he is
subjected to a series of questions, and the scientific interpretation by trained experts are the
basis of the tests.

 Why: reasons polygraph examination inadmissibility in court

1. the polygraph techniques are still in the experimental stage and have not received the
degree of standardization of acceptance among scientist.
 In a series of decisions of the state supreme courts in the United States (Fyre v. Forte U.S,. State
v. Bonner (Wis.), People v. Becker (Mich.), People v. Forte, State v. Cole (Mich., (Beech v. State
(Neb.), People v. Wechnick (Calif), etc.), non-admissibility of the lie detector test was uniformly
ruled. Until it is established that reasonable certainty follows from such a test, it would be an
error to admit the results as evidence. The test is useful in the investigation of a crime but it has
no place in the courtroom.
2. The trier of fact is apt to give almost conclusive weight to the polygraph expert’s opinion.
3. The polygraph is capable of a high degree of accuracy only when conducted under
controlled conditions by an examiner who is highly qualified due to his ability, experience,
education and integrity.
“The important areas that may affect the accuracy of the reported test result… would be (1)
his polygraphy training
(2) the extent of his experience with respect to the years and number of tests he has
conducted, (3) the operation of the polygraphy instrument itself (4) the accuracy of the
polygraph technique. In addition, special consideration should be given to the number of
tests and the number of questions asked during the test.
4. Since the polygraph involves a certain unconscious quality of the examinee, he may
unwittingly waive his or her right against self-incrimination. It becomes necessary to
determine the scope of the defendants waiver if he voluntarily submits to the test.
5. The test itself cannot be relied upon because it has many errors.

 Why hypnosis is not admissible in court

1. It lacks the general scientific acceptance of the reliability of hypnosis per se in ascertaining
the truth from falsity;
2. The fear that the trier of fact will give uncritical and absolute reliability to a scientific device
without consideration of its flaw in ascertaining veracity.
3. The possibility that the hypnotized subject will deliberately fabricate;
4. The prospect that the state of heightened suggestibility in which the hypnotized subject is
suspended will produce distortion of the fact rather the truth; and
5. The state of mind, skill and professionalism of the examiner are too subjective to permit
admissibility of the expert testimony.
Confession while under hypnotic spell is not admissible as evidence because such
“psychiatric treatment” is involuntary and mentally coercive.
Although hypnosis may not yield admissible evidence it may be of some use during
investigation as a discovery procedure.

 Requirement for admissibility of interrogation in court

-Custodial investigation and self-incrimination (1987 Constitution)
-Miranda v. Arizona (Miranda Rights) safeguards were established for the interrogation of
suspected persons.

 Extra judicial confession

-is a confession made outside of the court prior to the trial of the case.
 Under the Rules of Court, extra judicial confession is not a sufficient ground for conviction unless
corroborated by evidence of corpus delicti.
Extra judicial confession may be voluntary or involuntary.

 Judicial confession
-is the confession of an accused in court. It is conclusive upon the court and may be considered a
mitigating circumstance to criminal liability.
A plea of guilty when formally entered on arraignment is sufficient to sustain a conviction of any
offense, even a capital one, without further proof.

 Judicial admission
- Sec. 2, Rule 129, Rule of Court
Admissions made by the parties in the pleadings, or in the course of the trial or other
proceedings do not require proof and can not be contradicted unless previously shown
to have been made through palpable mistake.

 Maltreatment of prisoner is a crime

-Art. 235, Revised Penal Code- Maltreatment of prisoners:
The penalty of arresto mayor in its medium period to prison correccional in its minimum period,
in addition to his liability for the physical injuries or damaged caused, shall be imposed upon any
public officer or employee who shall overdo himself in the correction or handling of a prisoner
or detention of a prisoner under his charge, by the imposition of punishments not authorized by
the regulations, or by inflicting such punishments in a cruel and humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some
information from the prisoner, the offender shall be punished by prison correccional in
its minimum period, temporary special disqualification, and a fine not exceeding 500
pesos, in addition to his liability for the physical injuries or damage caused.

 The Tokyo declaration

-endorsed by the World Medical Association in 1975
- provides guidelines to be observed by physicians concerning torture and other inhuman
treatment
o The doctor shall not countenance, condone, or participate in the practice of torture or
other forms of inhuman procedures
 The doctor shall not provide premises, instruments, substances, or knowledge to facilitate
such in practices
 The doctor shall not be present during any procedure during which inhuman treatment is
used or threatened
 A doctor must have complete clinical independence in deciding upon the care of a person
for whom he is medically responsible
 Where the prisoner refuses nourishment and is considered by the doctor as capable of
forming an unimpaired and rational judgment concerning the consequences of such
voluntary refusal of nourishment (as confirmed by at least one other independent doctor),
 he or she shall not be fed artificially. Such consequences of the refusal of nourishment
shall be explained by the doctor to the prisoner
 The World Medical Association will support and encourage the international community, the
national medical associations, and fellow doctors, to support the doctor as his/her family
in the face of threats or reprisals resulting from refusal to condone the use of torture
and inhuman treatment.

ENUMERATE

• methods of deception detection

1. Devices which record the psycho-physiological response:

a. Use of polygraph or a lie detector machine
b. Use of the word association test
c. Use of the psychological stress evaluator

2. Use of drugs that try to “inhibit the inhibitor”

a. Administration of “truth serum”
b. Narcoanalysis or narcosynthesis
c. Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
Jo. Confession

• factors that may cause error during polygraph test

1. Nervousness or extreme emotional tension experienced by a subject who is telling the truth
regarding the offense in question

2. Physiological abnormalities

3. Mental abnormalities

4. Unresponsiveness in a living or guilty subject

5. Attempt to ―beat the machine‖ by controlled breathing or by muscular flexing

6. Unobserved application of muscular pressure which produces ambiguities and misleading

indications in the blood pressure tracing

• signs and symptoms of guilt

a. Sweating – if accompanied with a flushed face indicate anger, embarrassment or extreme

nervousness. If with a pallid face, may indicate shock or fear. Sweating hands indicate tension.
b. Color change – flushed face may indicate anger, embarrassment or shame. Pale face is sign of
guilt.

c. Dryness of the mouth – nervous tension causes dryness of the mouth which causes continuous
swallowing and licking of the lips.

d. Excessive activity of the Adam’s apple – on account of dryness of the throat, subject will
swallow saliva which causes frequent upward and downward movement of the Adam’s apple.

e. Fidgeting – constantly moving about in the chair, pulling his ears, rubbing his face, picking and
tweaking the nose, etc. Indicative of nervous tension.

f. ―Peculiar feeling inside‖ – there is a sensation of lightness of the head and the subject is
confused. Result of troubled conscience.

g. Swearing to the truthfulness of his assertion – ―I swear to God I am telling the truth‖

h. ―Spotless past record‖ – subject may assert that it is not possible for him to do ―anything
like that‖ inasmuch as he is a religious man and that he has a spotless record.

i. Inability to look at the investigator “straight in the eye” – because of fear that his guilt may
be seen in his eyes.

j. “Not that I remember” expression – resort to this expression to avoid committing something
prejudicial to him.

• different types of criminal offenders

a. Based on behavioral attitude:

i. Active aggressive offenders – commit crimes in an impulsive manner

ii. Passive inadequate offenders – commit crimes because of inducement, promise or

reward.

b. Based on the state of mind

i. Rational offenders – commit crime with motive or intention

ii. Irrational offenders – commit crime without knowing the nature and quality of his act.

c. Based on proficiency

i. Ordinary offenders – engaged in crimes which require limited skill

ii. Professional offenders – commit crimes which require special skills rather than violence.

d. Psychological classification

i. Emotional offenders – commit crimes in the heat of passion, anger, or revenge.

 ii. Non-emotional offenders – commit crimes for financial gain and are usually recidivist or
repeaters.

• inferences that a person is not telling the truth during interrogation

-The statements have many improbabilities and gaps on its substantial parts.

-The statements are inconsistent with the material facts.

-The statements are incoherent.

• kinds of confession

-Extra-judicial Confession- is a confession made outside of the court prior to the trial of the case.

o Under the Rules of Court, extra-judicial confession is not a sufficient ground for conviction unless
corroborated by evidence of corpus delicti.

Extra-judicial confession may be:

 Voluntary- the accused speaks on his free will and accord, without inducement of any
kind, and with full and complete knowledge of the nature and consequence of the
confession.

 Involuntary- obtained through force, threat, intimidation, duress, or anything influencing the
voluntary act of the confessor. Such are inadmissible in evidence.

Judicial Confession- is the confession of an accused in court. It is conclusive upon the

court and may be considered to be a mitigating circumstance.

o Under the Rules of Court, admissions made by the parties in the pleadings, or in the course of
the trial or other proceedings do not require proof and cannot be contradicted unless previously
shown to have been made through palpable mistake.

• element of the crime in maltreatment of prisoners

Elements (Art. 235, RPC)

 The offender is a public officer or employee

 The offender has under his charge a convicted or detention prisoner
 The offender maltreats the prisoner by overdoing in the correction and handling of the
prisoner by the
(1) imposition of punishment not authorized by the regulation, or (2) by inflicting such
punishment in a cruel and humiliating manner; or by maltreating to extort a
confession or obtain information.
CHAPTER III MEDICO-LEGAL ASPECTS OF IDENTIFICATION

DEFINE

· Identification

-is the determination of the individuality of a person or thing.

· Gait Pattern

-a person, on account of disease or some inborn traits, may show a characteristic manner of walking.

· Mannerism

-stereotype movement or habit peculiar to an individual.

· Portrait Parle’

-(spoken picture) is a verbal, accurate and picturesque description of the person identified.

· Dactylography

-Is the art and study of recording fingerprints as a means of identification

· Dactyloscopy

-is the aet of identification by comparison of fingerprints. It is the study of and utilization of fingerprints.

· Poroscopy

-is the study of the pores found on the pappilllary or friction ridges of the skin for purposes of
identification

· Bibliotics

-is the science of handwriting analysis. It is the study of documents and writing materials to determine
its genuineness or authorship.
One who had acquired special knowledge of the science of hand writing for purposes of identification is
known as Bibliotist or more commonly known as handwriting expert or qualified question document
examiner.

· Graphology

-is the study of handwriting for the purpose of determining the writer’s personality, character and
aptitude. It is a pseudo-science and merely explains the characteristics of the handwriting reflecting the
character, weakness, personal idiosyncracies, mannerisms and ambition of the writer. It must not be
confused with bibliotics.

· Questioned document

· Disguised writing

-is the deliberate attempt on the part of the writer to alter his writing habit by endeavoring to invent a
new writing style or by imitating the writing of another person.

· Rape

-is committed by having carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the circumstances mentioned
in the two preceding paragraphs shall be present.

· Infanticide

-the penalty provided for parricide in article 246 and for murder in article 248 shall be imposed upon any
person who shall kill any child less than three days of age (Art. 255, Revised Penal code)

· Seduction

-Qualified seduction- seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priests, house-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,
shall be punished by prison correccional in its minimum and medium periods
-Simple seduction- the seduction of a woman who is single or widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

KNOW

· Rules in Personal Identification

o Law of Multiplicity of Evidence in Identification- the greater the number of points

of similarities and dissimilarities of two persons compared, the greater is the
probability for the conclusion to be correct.
o The value of the different points of identification varies in the formulation of
conclusion (e.g. visual recognition by relative or friends may be of lesser value as
compared with fingerprints or dental comparison).
o The longer the interval between the death and the examination of the remains, the
greater is the need for experts in establishing identity.
o It is necessary for the team to act in the shortest possible time specially in cases
of mass disaster.
o There is no rigid rule to be observed in the procedure of identification of persons.

· Law of Multiplicity of Evidence in Identification

o - the greater the number of points of similarities and dissimilarities of two persons
compared, the greater is the probability for the conclusion to be correct.

· How Identification is done

o By comparison-Identification criteria recovered during investigation are compared

with records available in the file.
o By exclusion- If two or more persons have to be identified and all but one is not
yet identified, then the one whose identity has not been established may be
known by the process of elimination

· Points of ID applicable to living person only

o Characteristics which may easily be changed

- Growth of hair, beard or mustache
-Clothing- a person may have a special preference for certain form, texture or style
-Frequent place of visit- A person’s special desire or habit to be in a place if he has the
opportunity to do so
-Grade of profession- e.g. a mechanic may be recognized by his tools, a clergy man by his
robe, or a nurse by her cap
 -Body ornamentations- earrings, necklaces, rings, pins, etc. Usually worn by persons
o Characteristics that may not be easily changed
- Mental memory- a recollection of time, place, and events.
- Speech- a person may stammer, stutter, or lisp; manner of talking and quality of the
voice.
-Gait- a person, on account of disease or some inborn traits, may show a characteristic
manner of walking.
- Mannerism- stereotype movement or habit peculiar to an individual. (E.g. way of sitting,
movement of hand, movement of body, movement of facial muscles, manner of leaning,
etc.)
-Hands and feet- Size, shape, and abnormalities.
 Foot or hand impression- develops when a foot or hand is pressed on mouldable
materials like mud, clay, cement mixture, or other semi-solid mass.
 Footprint or handprint- a footmark or handmark on a hard base contaminated or
smeared with foreign matters like dust, floor, blood, etc.
-Complexion
-Changes in the eyes- nearsightedness, far-sightedness, state of being color blind, etc.
-Facies- different kinds of facial expressions brought about by disease or racial influence.
-Left- or right-handedness
-Degree of nutrition- in relation to height and age.

· Points of ID applicable to both living and dead before onset of decomposition

 Occupational marks- certain occupations may result in some characteristic marks or

identifying guide
 Race
 Color of the skin
 Caucasian-Fair
 Malayan-Brown
 Mongolian-Fair
 Negro- Black
 Feature of the face
 Caucasian- Prominent sharp nose
 Malayan- Flat nose with round face
 Mongolian- Almond eyes and prominent cheek bone
 Negro- Thick lips and prominent eyes
 Shape of the skull
 Caucasian- Elongated skull
 Malayan- Round head apparel
 Mongolian- Round head
 Red Indians and Eskimos- Flat head
 Wearing Apparel- Casual and customary wearing may indicate race as well as religion,
nationality, region, and custom.
o Stature- change in height; rate of growth

o Tattoo marks- introduction of coloring pigments in the layers of the skin by multiple puncture.

o Weight- not a good point of identification for it is easily changed from time to time.

o Deformities- may be congenital or acquired

o Birth marks o Injuries leaving permanent results- e.g. amputation, improper union of fractured
bones

o Moles o Scar- a remaining mark after healing of the wound.

 Age of scar
-Recently formed- slightly elevated, reddish or bluish in color, and tender to touch
-Few weeks to two months- scar has inflammatory redness, and it is soft and sensitive
-Two to six months- brownish or coppery red, free from contraction and corrugation, and
soft
-Six months or more- scar is white, glistening, contracted, and tough

. Points of ID that may easily be changed

- Growth of hair, beard or mustache

-Clothing- a person may have a special preference for certain form, texture or style
-Frequent place of visit- A person’s special desire or habit to be in a place if he has the
opportunity to do so
-Grade of profession- e.g. a mechanic may be recognized by his tools, a clergy man by his
robe, or a nurse by her cap
-Body ornamentations- earrings, necklaces, rings, pins, etc. Usually worn by person

· Points of ID that may NOT easily be changed

- Mental memory- a recollection of time, place, and events.

- Speech- a person may stammer, stutter, or lisp; manner of talking and quality of the
voice.
-Gait- a person, on account of disease or some inborn traits, may show a characteristic
manner of walking.
- Mannerism- stereotype movement or habit peculiar to an individual. (E.g. way of sitting,
movement of hand, movement of body, movement of facial muscles, manner of leaning,
etc.)
-Hands and feet- Size, shape, and abnormalities.
 Foot or hand impression- develops when a foot or hand is pressed on mouldable
materials like mud, clay, cement mixture, or other semi-solid mass.
 Footprint or handprint- a footmark or handmark on a hard base contaminated or
smeared with foreign matters like dust, floor, blood, etc.
-Complexion
 -Changes in the eyes- nearsightedness, far-sightedness, state of being color blind, etc.
-Facies- different kinds of facial expressions brought about by disease or racial influence.
-Left- or right-handedness
-Degree of nutrition- in relation to height and age.

· What is Bertillon system

-scheme utilizing anthropometrical measurement of the human body as the basis of identification

· Dental ID

1. The possibility of two persons to have the same dentition is quite remote.

2. The enamel of the teeth is the hardest substance in the body. It may outlast all other tissues.

3. After death, the greater the degree of tissue deatruction, the greater is importance of the dental
characteristic.

4. The more recent the ante-mortem records of the person to be identified, the more reliable is the
comparative or exclusionary mode of identification that can be done.

· Handwriting, Handprinting, Handnumbering

-The handwriting of a person may be proved by a witness who believes it to be the handwriting of such
person, and has seen the person write, or has seen writing purporting to be his upon which the witness
has acted or been charged, and has thus acquired knowledge of the handwriting of such person.

-complex interaction of nerves

-the principle of identification of handwriting is also applicable to handprinting and handnumbering.

· Forgery

-Signature forgery examination is the most common activity of a questioned document examiner
Classifications of Signature Forgery

1. Traced forgery: the outlining of a genuine signature from one document onto another

2. Simulated forgery: an attempt to copy in freehand manner the characteristics of a genuine signature
either from the memory of the signature or from as model.

3. Spurious forgery: one prepared primarily in the forger’s own handwriting wherein little or no attempt
has been made to copy the characteristics of the genuine writing

· Skeleton Examination or Bone determinations

-In the examination of bones, the following points can be determined:

1. Whether the remains are of human origin or not: Study the shape, size, and general nature of the
remains, especially that of the skull

2. Whether the remains belong to a single person or not: Any plurality or excess of the bones after a
complete lay out denotes that the remains belong to more than one person

3. Height

4. Sex: Study the pelvis, skull, sternum, femur and humerus

5. Race

6. Age: Determined by the appearance of ossification centers and union of bones and epiphyses, dental
identification, and obliteration of cranial structures

7. Length of interment or length from the time of death May be determined by the nature and presence
of soft tissues and the degree of erosion of the bones. Ordinarily, all the soft tissues in a grave disappear
within a year.

8. Presence or absence of ante or post mortem injuries

9. Congenital deformities and acquired injuries on the hard tissues causing permanent deformities

· Examination of the product of conception

-Age

1 month

Nature of the product of conception

Ovum is about 1.0 cm long, weighing about 2.6gm. The eyes are seen as two dark spots and limb buds
present.

2 months
-The ovum is about 4.0 cm long and weighs about 10 gram. Eyes and nose are recognizable. Clavicle,
mandible, ribs and vertebra show the center of ossification. Anus is seen as a dark spot.

3 months

-length is 8cm weighing 30gms. Nails begin to appear as thin membrane on the fingers and toes.
Placenta is formed. Sex organs have appeared. Ossification has begun in most of the bones.

4 months

-length is 13cm weight 204gm. Sex can be distinguished; skull is partly ossified, with wide sutures and
fontanelles. Lanugo hair is visible on the body. Convolution of the brain begins to appear.

5 months

-length is 23cm and weight is 450gm. Skin begins to be covered with venix caseosa. Ossification center in
os calcis. Dental gum appears at the mandible.

6 months

-length is about 30cm; weight is about a kilo. Skin is still wrinkled but subcutaneous fat is beginning to
form. Hair appears on the head. The eyebrows and eyelashes are beginning to form. The eyelids are
adherent. The testicles lie close to the kidneys. Meconium is seen in the upper part of the large
intestine. The centers of ossification are seen in the four divisions of the sternum.

7 months

- Length is 18cm, weight is 1.5kg. Eyelids are open. Testicle is beginning to descend into
the scrotum. Nails do not reach the tips of the fingers. Lanugo hair is disappearing from
the face. Primary center of ossification of talus has appeared. Body is dark red and
plump, with hair on the scalp. The child is viable (28 weeks)

8 months

- Length is 42 cm. Weight is 2 to 2 ½ kg. Skin is only slightly wrinkled and flesh-colored.
Lanugo hair is beginning to be shed. Testicle is generally in the scrotum. Nails reach the
end of fingers. Convolutions of the brain are more distinct. Pappillary membrane
disappears. The skin is red but not wrinkled.

9 months

- The length is about 45 to 50 cm. and weighs about 3 to 3.5kg. Skin is with slight
wrinkles. Scalp is covered with dark hair. Nails have grown over finger tips. Testes have
descended to the scrotum. Vernix caseosa present over flextures of joints and neck
folds. Meconium is seen at the end of the large intestine. Ossification center appears at
the lower end of the femur. Signs of maturity is present.

· ID of blood and blood stains

 1. For disputed parentage (maternity & paternity)
A. Disputed paternity may arise:
(1) When the wife committed adultery and the husband denied to be the father
of the child.
(2) When a child was born out of lawful wedlock and the mother claimed
someone to be the father but he vehemently denied it.
(3) In claim for support or right of succession of the alleged illegitimate child.
B. Disputed maternity may arise:
(1) case of allegation of interchange of children in a hospital or nursery home,
either accidentally or deliberately.
(2) In cases of wayward or stray children being claimed by two or more women.
(3) For ownership of dead fetus or newly born child found in street trash.
2. Circumstantial or corroborative evidence against or in favor of the perpetrator of a crime
3. Determination of the cause of death
4. Determination of the direction of escape of the victim or the assailant
5. Determination of the approximate time the crime was committed
6. Determination of the place of commission of the crime
7. Determination of the presence of the certain diseases.

· ID of hairs and fibers

1. Addition of a substance that will coat the outer surface of the hair so as to impart a different
color
Ex.: Salts of bismuth, lead, silver and pyrogallic acid
2. Addition of substances which bleach or change the natural color of the fiber or hair
3. Ex.: Hydrogen peroxide, chlorine diluted nitric acid

· Laws involved in:

o presumption of death

Art. 390, Civil Code- the lapse of seven years before a person can be presumed dead. In special
instances, the seven years period may be reduced to four years Art. 391, Civil Code

o survivorship

Rule 131 Section 5(jj) Rules of Court

When 2 persons die in same calamity, such as:

-Wreck

-Battle

-Conflagration
Not shown who died first; there are no particular circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting from the strength and age of the sexes,
according to the following:

1. Both UNDER 15: Older presumed survived

2. Both ABOVE 60: Younger presumed survived

3. One UNDER 15, Other ABOVE 60: UNDER 15 presumed survived

4. One OVER 15, Other UNDER 60, a. Different Sex: Male presumed survived b. Same Sex: Older

5. One UNDER 15, or ABOVE 60, the other BETWEEN those ages: latter presumed survived

Article 43, Civil Code: If there is a doubt, as between 2 or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to the other

o right of suffrage

-Art. VI, Sec. 1 Philippine Constitution as amended in 1984

o capacity to contract marriage

-any male of the age of sixteen years or more, and any female at the age of fourteen years or more, not
under any of the pediments mentioned in articles 80 to 84, may contract marriage (Art. 54, Civil Code)

o rape

-(Art. 335, revised penal code),

o seduction

-Art. 337 & 338, revised penal code

o infanticide

-Art. 255, Revised penal code)

o abduction

-art. 342 & 343, revised penal code

DIFFERENTIATE

· Methods of ID by Comparison | Methods of ID by Exclusion

-By comparison-Identification criteria recovered during investigation are compared with records
available in the file.

-By exclusion- If two or more persons have to be identified and all but one is not yet identified,
then the one whose identity has not been established may be known by the process of
elimination.

· Plain method | Rolled method (Fingerprinting)

Plain method - bulbs of the last phalanges of the fingers and thumb are pressed on the surface of the
paper after pressing them on ink

Rolled method - bulbs of the thumb and other fingers are rolled on the surface of the paper after being
rolled on an ink pad

· Visible print | Plastic print | Latent print

A. Visible print- impression made by chance and is visible without previous treatment.
Impression made by the fingers smeared with some colored substances, like black ink,
vegetable juice, may be visible immediately after impression.
B. Plastic print- impression made by chance by pressing the finger tips on melted paraffin,
putty, resin, cellophane, plastic tape, butter, soap, etc.
C. Latent print- prints which are not visible after impression but made visible by the
addition of some substances. Latent prints develop because the fingers are always
covered with colorless residue of oil and perspiration which when pressed on smooth
and non-absorbent material will cause the production of the prints.

· Traced forgery |Simulated forgery | Spurious forgery

A. Traced forgery- the outlining of a genuine signature from one document onto another where
the forger wishes it to appear. Traced forgery is basically drawing and consequently lacks free
natural movement inherent in a person’s normal writing.
B. Simulated forgery- an attempt to copy in a freehand manner the characteristics of a genuine
signature either from memory of the signature or from a model. It is accomplished without
outline.
 C. Spurious forgery- one prepared primarily in the forger’s own handwriting wherein little or no
attempt has been made to copy the characteristics of the genuine writing.

· Qualified seduction | Simple seduction

-Qualified seduction- seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priests, house-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,
shall be punished by prison correccional in its minimum and medium periods

-Simple seduction- the seduction of a woman who is single or widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

· (Characteristics of blood) Arterial | Venous | Menstrual

1. Arterial Blood – bright scarlet in color, leaves the blood vessel with pressure, high oxygen contents

2. Venous Blood – dark red in color, does not spill far from the wound, low oxygen content

3. Menstrual Blood – does not clot, acidic in reaction owing to mixture with vaginal mucous, on
microscopic examination, there are vaginal epithelial cells, contains large number of Deoderlein’s
bacillus.

· (Characteristics of blood) Man | Woman | Child

4. Man’s or Woman’s Blood- no method of differentiating man and woman’s blood

5. Child’s Blood- at birth, it is thin and soft compared with that of adult, red blood cells are
nucleated and exhibit greater fragility, red blood cells count more than in adult.

· Human hair | Animal hair

Medulla

Human- Air network in fine grains Cells invisible without treatment in water Value of I lower than
0.3 Fuzz without medulla

Animal- Air network in forms of large and small sacks. Cells easily visible. Value of I higher than 0.5.
Fuzz with medulla

Cortex

Human- Looks like a thick muff Pigments in the form of fine grains

Animal- Looks like a fairly thin hollow cylinder Pigments in the form of irregular grains larger than
that of human’s
Cuticle

Human- Thin scales protruding, not Thick covering one another to about 4/5

Animal- thick scales protruding, do not cover one another the same degree as human’s

· Male hair | Female hair

In many instances it is quite impossible to state the sex from the hair, but certain points may
be worthy of mention:

Hair on the scalp of male is shorter, thicker and more wiry than that of female's.

Eyebrow hair of a male is generally long and more wiry than that of a female's.

· (Age based on hair) Children | Adolescent | Old

Hair of children is fine, short, and deficient of pigments and, as a rule, devoid of medulla.

At the adolescent age, hair may appear at the pubis. Hair on the scalp becomes long, wiry, and
thick.

In the case of older persons, the color is usually white or gray, with marked absorption of
pigments and degenerative changes

EXPLAIN | DISCUSS

· The Law on Presumption of Death

The identification of a person missing or presumed dead will facilitate settlement of the estate,
retirement, insurance and other social benefits. It vests on the heirs the right over the properties of the
identified person.

If identity cannot be established, then the law on presumption of death (Art. 390, Civil Code) must be
applied which requires the lapse of seven years before a person can be presumed dead. In special
instances, the seven years period may be reduced to four years (Art. 391, Civil Code)

· Gait Patterns

(A) Direction line- expresses the path of the individual

(B) Gait line- the straight line connecting the center of the succeeding steps.
It is more or less in zigzag fashion especially when the legs are far apart
while walking. Stout, elderly people and those who want stability while
walking have a more zigzag gait line.
(C) Foot line- the longitudinal line drawn on each foot mark. There may be a
difference in the foot line of the left and right foot.
 (D) Foot angle- the angle formed by the foot line and the direction line. In
normal walking the foot angle is very characteristic of a person and
cannot be altered when a person is running, carrying a heavy weight or
moving on a rugged terrain.
(E) Principal angle- the angle between the two succeeding foot angles.
(F) Length of step- when the distance between the center points in two
successive heel prints of the two feet exceeds 40 inches, there is a
strong presumption that the person is running.
(G) Breadth of step- the distance between the outer contours of two
succeeding foot marks or steps. The more apart the legs are walking,
the greater is the breadth of the step.
(Crime Detection by Arine Svensson & Otto Wendel, p. Ti)

· Methods of approximating the height of a person

If the body is complete the height can be determined by actual measurement . Sometimes some part of
the body is missing and the actual measurement may not be possible. The ff are the methods to be used
to approximate the height.

a. Measure the distance between the tips of the middle fingers of both hands with the arms
extended laterally and it will approximately be equal to the height.
b. Two times the length of one arm plus 12 inches from the clavicle and 1.5 inches from the
sternum is the approximate height.
c. Two times the length from the vertex of the skull to the pubic symphysis is the height.
d. The distance between the supra-sternal notch and the pubic symphysis is about one third of the
height.
e. The distance from the base of the skull to the coccyx is about 44% of the height.
f. The length of the forearm measured from the tip of olecranon process to the tip of the middle
finger is 5/19 of the height.
g. Eight times the length of the head is approximately equal to the height of the person.

· How scar is made and how to determine the age of the scar and its characteristics

A remaining mark after healing of the wound. The fibrous tissue takes the place of the original tissue
which has been injured or destroyed. A scar is devoid of specialized tissues so it does not contain
pigment, sweat or sebaceous glands. Its number, exact location, size and shape, and whether it is
elevated or depressed should be noted.

Faint scars may be made visible by making the surrounding skin red upon applying friction with hand or
by heat.

Scar which develops after a secondary infection is usually marked.

Scar increases in size in proportion with the growth of the person.

Age of scar- a recently formed scar is slightly elevated, reddish or bluish in color, and tender to touch. In
a few weeks to two months, the scar has inflammatory redness and it is soft and sensitive. Two to six
months later, it becomes brownish or coppery red in color, free from contraction and corrugation, and
soft. When the scar is white, glistening, contracted and tough, it is not less than six months.

The period of scar formation may be delayed by sepsis, poor vascularity of the part involved, age, depth
of the wound, mobility, presence of foreign body and health condition of the victim. Scar may or may
not develop if the wound is small, superficial and healed by first intention.

Characteristics of the scar may show the cause of the previous lesion:

a. Surgical operation- regular form and situation with stitch marks.

b. Burns and scald- scars are large, irregular in shape, and may be keloid. Scar of scald may show
stippled surface.
c. Gunshot- disc-like, depressed at the center and may be adherent to the underlying tissue.
d. Tuberculosis sinus- irregular in shape furrowed, with edges hardened and uneven.
e. Flogging- fine white lines diagonally across back, depressed small spot at interval.
f. Gumma- depressed scar following loss of tissue.
g. Lupus- bluish white scar
h. Venesection- at bend of elbow, on dorsum of foot, or on temporal region.
i. Wet cupping- short parallel scars on lower part of the back and loin.

· Anthropometry

Alphonse Bertillon, a French criminologist, devised a scheme utilizing anthropometrical measurement of

the human body as the basis of identification.

Basis of the Bertillon System of Identification

1. The human skeleton is unchangeable after the twentieth year. The thigh bone continues to grow
somewhat after the period, but this is compensated by the curving of the spine which takes
place at about the same age.
2. It is impossible to find two human beings having bones exactly like.
3. The necessary measurement can easily be taken with the aid of a simple instrument.

· How light affects ID

1. Clearest moonlight or starlight:

Experiments have shown that the best known person cannot be recognized by the clearest
moonlight at a distance greater than 16 to 17 yards and by starlight any further than 10 to 13
yards.
a. Broad daylight: a person can hardly recognized another person at a distance farther
than one hundred yards if the person has never been seen before, but persons who are
almost strangers may be recognized at a distance of twenty-five yards.
 b. Flash of firearm: although by experiment, letters of two inches high can be read with the
aid of the flash of a caliber .22 firearm at a distance of two feet it is hardly possible for a
witness to see the assailant in case of a hold-up or a murder because:
(1) Usually the assailant is hidden
(2) The assault is unexpected and the attention of the person or witness is at its
minimum.
c. The flash of lighting produces sufficient light for the identification of an individual
provided that the person’s eye is focused towards the individual he wishes to identify
during the flash.
d. In case of artificial light, the identity is relative to the kind and intensity of light.
Experiments may be made for every particular artificial light concerned.

· Fingerprinting

-considered to be the most valuable method of identification.

- the finger may be wounded or burned, but the whole pattern with all its details will reappear when
the wound heals

1. There is no two identical fingerprints

2. Fingerprints are not changeable

Practical uses

1. Help establish identity in cases of dead bodies

2. Prints recoveres from crime scene associate person

3. Prints on file are useful for comparative purposes

4. Among illiterates, right thumbprint is recognized as substitute for signature.

· How to get fingerprint impressions on dead bodies

- In case of fresh bodies, the fingers are uncleanched and each one is inked individually with the aid of
small rubber roller.

- If the "floater" has been in the body if water for a longer time and the friction ridges have disappeared,
the skin of the fingertips is cut away. This area of the skin is placed in a small labelled test tube
containing formaldehyde solution.
· How handwriting is proved; about witnesses; What rule/s?

A person may be identified through his handwriting, hand printing and hand numbering.

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 be his upon which the witness
has acted or been charged, and has 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.

1. Acknowledgement of the alleged writer

2. Statement of the witness who saw the writing

3. Opinion of persons who are familiar with the handwriting of the alleged writer

4. Opinion of an expert

Sec. 44, Rule 130, Rules of Court- Opinion of Ordinary witnesses:

The opinion of a witness regarding the identity of handwriting of a person, when he has knowledge of
the person or handwriting; the opinion of a subscribing witness to a writing; the validity of which is in
dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance
respecting the mental sanity of a person, the reason for the opinion being given, may be received as
evidence.

In order for an ordinary witness to be qualified to express his opinion, it must be shown that he has
some familiarity with the handwriting of the person in a way recognized by law.

· Steps to be undertaken to minimize conscious efforts to disguise Handwriting

1. The writer should be allowed to write sitting comfortably at a desk or table and without
distraction.
2. The suspect should not, under any condition, be shown the questioned document or be
provided with instructions on how to spell certain words or what punctuation to use.
3. The suspect should be furnished with a pen and a paper similar to those used in the questioned
document.
4. The dictated text may be the same as the contents of the questioned document, or at least
should contain many of the same words, phrases, and letter combinations found in the
document. In handwriting cases, the suspect mist not be given any instruction on whether too
use upper-case (capital) or lower-case lettering.
5. Dictation of the test should take place at least three times. If the writer is making a deliberate
effort to disguise his writing, noticeable variations should appear between the three repetitions.
Discovering this, the investigator must insist upon continued repetitive dictation of the text.
 6. Signature exemplars can best be obtained when the suspect is required to combine other
writings with a signature. For example, instead of compiling a set of signatures alone, the writer
must be asked to completely fill out twenty to thirty separate checks or receipts, each of which
includes a signature.
7. Before requested exemplars are taken from the suspect, a document examiner should be
consulted and shown the questioned specimens.

· Handwriting characteristics of Illiterates

1. They seldom follow any rule or baseline although at the beginning a position above the baseline
is taken which continues in an ascending or descending course. Baseline is the ruled or
imaginary line upon which the writing rests.
2. The tendency of the writing is to be raised involuntarily in the last letters of the word made by
the extension of the fingers while the hand is being held in a fixed position.
3. The loop letters are often slanted too much because the upstrokes are made too long or nearly
straight.
4. Very unlikely to produce facsimile signatures in size, arrangement and proportion of parts.
5. The writing is not rhythmic, but made up of disconnected unskilled movement impulses which
are not likely to be related in an exactly identical way.
6. Tremor or involuntary trembling is seen due to inability to control the pen in motion because of
not being familiar with and self-conscious to the process of writing.
7. Formation and angle of letters are irregular and definitely show lack of knowledge of size and
proportion.
8. Same speed is utilized from beginning to end and seldom is the pen raised to get a new
adjustment.
9. Illiterate pencil-writing is usually produced with much pressure and may show the habit of
wetting the pencil lead frequently.
10. In anonymous writing, illiteracy is indicated by faulty arrangement of words, lines, paragraphs
and pages.
11. Combination of script forms and Roman capitals, or pen or pencil printing, containing freak
forms, abbreviations or punctuation marks are individual creations.

· Handwriting characteristics of Old Aged persons

1. Due to lack of muscular control, the handwriting will not usually show fine lines continuously but
the strokes are mostly rough and made with considerable pressure.
2. With the presence of tremor, the changes of direction are numerous and omission of parts of
letters of strokes are common.
3. The concluding parts are often made with a nervous haste and carelessness and they may be
much distorted.
4. Even with much tremor, the handwriting will usually show free connecting and terminal strokes
made by the momentum of the hand.
5. Often shows very uneven alignment and may disregard entirely a line near which they are
written.
 6. Usually shows an unusual and erratic departure from its intended movement, particularly in the
downward strokes.
7. There is a loss of individual departure from its intended movement particularly in the downward
strokes.
8. There is a loss of individual rhythm as indicated by malformation and irregularity of speed in the
writing of small letters.

,· Legal Importance of Sex ID or determination of sex; Rules and Laws

1. As an aid in identification:
Habit, social life, manner of dressing, physical features and inclination are generally dependent
on the sex. These points are useful in identification.
2. To determine whether an individual can exercise certain obligations vested by law to one sex
only:
For example, under the National Defense Act, compulsory military service or training refers only
to males, 20 years of age or above.
3. Marriage or the union of a man and a woman:
Any male of the age of sixteen years or more, and any female at the age of fourteen years or
more, not under any of the impediments mentioned in articles 80 to 84, may contract marriage
(Art. 54, Civil Code)
4. Rights gained by law are different to different sexes:
Majority commences upon the attainment of the age of twenty-one years (Art. 402, Civil Code)
Not withstanding the provisions of the preceding article, a daughter above twenty one but
below twenty three years of age cannot leave the parental home without the consent of the
father or mother in whose company she lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has contracted a subsequent marriage (Art.
403, Civil Code)
5. There are certain crimes wherein a specific sex can only be the offender or victim.
a. In rape (Art. 335, Revised Penal Code), abduction (Art. 342 & 343, Revised Penal Code)
or abuse against chastity (Art. 245, Revised Penal Code) a woman is the victim.
b. In case, of prostitution, the offender must be a woman:
For purposes of this article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes. (Art. 202, No. 5
Revised Penal Code)
c. In adultery the offender is a married woman and in concubinage the offender is a
husband.

· Legal Importance of Age ID or determination of age; Rules and Laws

1. As an aid to identification:
Mention of the age of the wanted or missing person will create an impression of the physical
characteristics, social life and psychic and mental behavior of that person. Although it may only
be presumptive, it may be useful in identification.
· Hess’s Rule or Haase’s Rule

a. For fetus or less than 25cm long (crown feet length) get the square root of the length in
centimeter and the result is the age of the fetus in months:
Example: if the length of the fetus is 16cm, the age is 4 months.
b. For fetus 25cm or more- divide the length of the fetus by 5, and the result is the age in
month.
Example: if the length of the fetus is 40cm, the age is 8 months.
(The age referred to in this rule is lunar month, not calendar month. One lunar month is
equivalent to 28 days)

ENUMERATE

· Importance of Identification of a Person

To establish the identity of the offender and that of the victim in the prosecution of the criminal
offense.

To identify a person missing or presumed dead in order to facilitate the settlement of the estate,
retirement, insurance, and other social benefits.

Identification resolves the anxiety of the next-ofkin, other relatives and friends as to the
whereabouts of a missing person or victim of calamity or criminal act.

Identification may be needed in some transactions like cashing of check, entering a premise, sale
of property, release of dead bodies to relatives, parties to a contract, etc..

· ID characteristics that may easily be changed

Growth of hair, beard or mustache

Clothing- a person may have a special preference for certain form, texture or style

Frequent place of visit- A person’s special desire or habit to be in a place if he has the
opportunity to do so

Grade of profession- e.g. a mechanic may be recognized by his tools, a clergy man by his robe, or
a nurse by her cap

Body ornamentations- earrings, necklaces, rings, pins, etc. Usually worn by persons

· ID characteristics that may NOT easily be changed

Mental memory- a recollection of time, place, and events.

Speech- a person may stammer, stutter, or lisp; manner of talking and quality of the voice.

Gait- a person, on account of disease or some inborn traits, may show a characteristic manner of
walking.

Mannerism- stereotype movement or habit peculiar to an individual. (E.g. way of sitting,

movement of hand, movement of body, movement of facial muscles, manner of leaning, etc.)

Hands and feet- Size, shape, and abnormalities.

Foot or hand impression- develops when a foot or hand is pressed on mouldable materials like mud,
clay, cement mixture, or other semi-solid mass.

Footprint or handprint- a footmark or handmark on a hard base contaminated or smeared with

foreign matters like dust, floor, blood, etc.

Complexion

Changes in the eyes- nearsightedness, far-sightedness, state of being color blind, etc.

Facies- different kinds of facial expressions brought about by disease or racial influence.

Left- or right-handedness

Degree of nutrition- in relation to height and age.

· Forms of Gait

(1) Ataxic gait- a gait in which the foot is raised high, thrown forward and brought
down suddenly is seen in person suffering from tabes dorsalis.
(2) Cerebellar gait- a gait associated with staggering movement is seen in
cerebellar diseases.
(3) Cow’s gait- a swaying movement due to knock-knee.
(4) Paretic gait- gait in which the steps are short, the feet are dragged and the
legs are held more or less widely apart.
(5) Spastic gait- a gait in which the legs are held together and move in a stiff
manner and the toes dragged.
(6) Festinating gait- involuntary movement in short accelerating steps
(7) Frog gait- a hopping gait resulting from infantile paralysis.
(8) Waddling gait- exaggerated alternation of lateral trunk movement similar to
the movement of the duck.

· Factors included in the examination of gait pattern

(A) Direction line- expresses the path of the individual

 (B) Gait line- the straight line connecting the center of the succeeding steps.
It is more or less in zigzag fashion especially when the legs are far apart
while walking. Stout, elderly people and those who want stability while
walking have a more zigzag gait line.
(C) Foot line- the longitudinal line drawn on each foot mark. There may be a
difference in the foot line of the left and right foot.
(D) Foot angle- the angle formed by the foot line and the direction line. In
normal walking the foot angle is very characteristic of a person and
cannot be altered when a person is running, carrying a heavy weight or
moving on a rugged terrain.
(E) Principal angle- the angle between the two succeeding foot angles.
(F) Length of step- when the distance between the center points in two
successive heel prints of the two feet exceeds 40 inches, there is a
strong presumption that the person is running.
(G) Breadth of step- the distance between the outer contours of two
succeeding foot marks or steps. The more apart the legs are walking,
the greater is the breadth of the step.
(Crime Detection by Arine Svensson & Otto Wendel, p. Ti)

· Kinds of Facies

(1) Hippocratic facies- the nose is pinched, the temple hollow, eyes sunken, ears cold, lips
relaxed and skin livid. The appearance of the face is indicative of approaching death.
(2) Mongolian facies- almond eyes, pale complexion, prominence of cheek bones.
(3) Facies Leonine- a peculiar, deeply furrowed, lion-like appearance of the face. This may
be observed in leprosy, elephantiasis and leontiasis ossia.
(4) Myxedemic facies- pale face, edematous swelling which does not pit on pressure,
associated with dullness of intellect, slow monotonous speech, muscular weakness and
tremor.

· Extrinsic factors in ID

1. Ornamentations- rings, bracelet, necklace, hairpin, earrings, lapel pin, etc.

2. Personal belongings- letters, wallet, drivers license, residence certificate, personal cards, etc.
3. Wearing apparel- tailor marks, laundry mark, printed name of owner, size, style, and texture,
footwear, socks.
4. Foreign bodies- dust in clothings, cerumen in the ears, nail scrapping may show occupation,
place of residence or work, habit, etc.
5. Identification by close friends and relatives
6. Identification records on file at the police department immigration bureau, hospitals, etc.
7. Identification photograph

· Scientific Methods of ID
A. Fingerprinting

B. Dental identication

C. Handwriting

D. Identification of skeleton

E. Determination of sex

F. Determination of Age

G. Identification of Blood

H. Identification of Hair and Fibers

· Advantages of Fingerprinting as a means of ID

1. Not much training is necessary for a person to take, classify and compare fingerprints.
2. No expensive instrument is required in the operation
3. The fingerprint itself is easy to classify.
4. Actual prints for comparative purposes are always available and suspected errors can easily be
checked.

· Types of fingerprint patterns

1. Arches - the ridgea go from one side of the pattern to another, never turning back to make a loop

A. Plain arches

B. Tented arches

2. Loops - one or more ridges enter on either side, recurves and terminate on the same side from which
it entered

A. Ulnar loop

B. Radial loop

3. Whorls - patterns with two deltas and patterns too irregular in form to classify

A. Simple whorl

B. Central pocket loop

C. Lateral pocket loop

D. Twin loop
· Purpose of Handwriting Examination

1. Whether the document was written by the suspect

2. Whether the document was written by the person whose signature it bears

3. Whether the writing contains additions or deletions

4. Whether the document such as bills, receipts, suicide notes or checks are genuine or a forgery

· Characteristics of disguised writing

a. Inconsistent slant
b. Inconsistent letter formation
c. Charge of capital letters
d. Lack of free-flowing movement
e. Lack of rhythm
f. Unnatural starts and stops
g. Irregular spacing
h. Writing with unaccustomed hand
(Criminalistics by Richard Saferstein, p. 692)

· Points determined by examination of the bones

1. Whether the remains are of human origin or not.

2. Whether the remains belong to a single person or not.
3. Height
4. Sex
5. Race
6. Age
7. Length of interment or length of time from date to birth.
8. Presence or absence of ante-mortem or post-mortem bone injuries.
9. Congenital deformities and acquired injuries on the hard tissues

· Legal Importance of Sex ID or determination

1. As an aid in identification:
Habit, social life, manner of dressing, physical features and inclination are generally dependent
on the sex. These points are useful in identification.
2. To determine whether an individual can exercise certain obligations vested by law to one sex
only:
 For example, under the National Defense Act, compulsory military service or training refers only
to males, 20 years of age or above.
3. Marriage or the union of a man and a woman:
Any male of the age of sixteen years or more, and any female at the age of fourteen years or
more, not under any of the impediments mentioned in articles 80 to 84, may contract marriage
(Art. 54, Civil Code)
4. Rights gained by law are different to different sexes:
Majority commences upon the attainment of the age of twenty-one years (Art. 402, Civil Code)
Not withstanding the provisions of the preceding article, a daughter above twenty one but
below twenty three years of age cannot leave the parental home without the consent of the
father or mother in whose company she lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has contracted a subsequent marriage (Art.
403, Civil Code)
5. There are certain crimes wherein a specific sex can only be the offender or victim.
a. In rape (Art. 335, Revised Penal Code), abduction (Art. 342 & 343, Revised Penal Code)
or abuse against chastity (Art. 245, Revised Penal Code) a woman is the victim.
b. In case, of prostitution, the offender must be a woman:
For purposes of this article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes. (Art. 202, No. 5
Revised Penal Code)
c. In adultery the offender is a married woman and in concubinage the offender is a
husband.

· Parts of the hair

1. Cuticle – the outer layer of the hair

2. Cortex or middle layer- consists of longitudinal fibers bearing the pigment
3. Medulla or core- contains air bubbles and some pigments

CHAPTER 4
MEDICO-LEGAL ASPECTS OF DEATH

DEFINE

· Death

-is the termination of life.

-it is the complete cessation of all the vital functions without possibility of resuscitation.

-it is an irreversible loss of the properties of living matter.

-an event that takes place at a precise time.

-the ascertainment of death is a clinical and not a legal problem.

· Ante-mortem

· Post-mortem

· Algor Mortis

After death the metabolic process inside the body ceases. No more heat is produced but the body slowly
its temperature by evaporation or by conduction to the surrounding atmosphere.

The progressive fall of the body temperature is one of the most prominent sign of death.

The rate of cooling of the body is not uniform. It is rapid during the first two hours after death and as the
temperature of body gradually approaches the temperature of the surroundings, the rate becomes
slower.

· Rigor Mortis

· Post mortem caloricity

-is the rise of temperature of the body after death due to rapid and early putrefactive changes or some
internal changes. It is usually observed in the first two hours after death

· Post-mortem lividity
-The stoppage of the heart action and loss of tone of blood vessels cause the blood to be under the
influence of gravity. Blood begins to accumulate in the most dependent portions of the body. The
capillaries may be distended with blood. The distended capillaries coalesce with one another until the
whole area become dull-red or purplish in color known as post-mortem lividity. If the body is lying on his
back, the lividity will develop on the back. Areas of bone prominence may not show lividity on account
of the pressure.

If the position of the body is moved during the early stage of its formation, it may disappear and develop
again in the most dependent area in the new position assumed. But if the position of the body has been
changed after clotting or the blood has set in or when blood has already diffused into the tissues of the
body, a change of position of the body will not alter the location of the post-mortem lividity.

Ordinarily, the color of post-mortem lividity is dull-res or pink or purplish in color, but in death due to
carbon monoxide poisoning, it is bright pink. Exposure of the dead body to cold or hot may cause post-
mortem lividity to be bright-red in color.

The lividity usually appears three to six hours after death and the condition increases until the blood
coagulates. The time of its formation is accelerated in cases of death due to cholera, uremia and typhus
fever. Twelve hours after death, the post mortem lividity is already fully developed. It also involved
internal organs.

· Putrefaction

-is the breaking down of the complex proteins into simpler components associated with the evolution of
foul smelling gasses and accompanied by the change of color of the body.

· Marbolization

-it is the prominence of the superficial veins with reddish discoloration during the process of
decomposition which develops on both flanks of the abdomen, root of the neck and shoulder and which
makes the area look like a “mabled” reticule of branching veins. This is observed easily among dead
persons with fair complexion.

KNOW

· Importance of death determination

1. The civil personality of a natural person is extinguished by death;

2. The property of a person is transmitted to his heirs at the time of death;

3. The death of the partner is one of the causes of dissolution of partnership agreement;

4. The death of either the principal or the agent is a mode of extinguishment of agency;

5. The criminal liability of a person is extinguished by death;

6. The civil case for claims which does not survive is dismissed upon the death of the defendant.

· Laws involved in (death):

o Extinguishment of personality

(Art. 42, Civil Code)

o Succession and Property

Art. 774, Civil Code

o Partnership Agreement and Agency

Art. 1830, Civil Code

o Criminal Liability

The criminal liability of a person is extinguished by death:

1. By death of the convict, as to the personal penalties; and as to pecuniary penalties, liability
thereof is extinguished only when the death of the offender occurs before judgement.
(Art. 89, Revised Penal Code)

The civil case for claims which does not survive is dismissed upon death of the defendant:

When the action is for recovery of money, debt or interest thereon, and the defendant dies before the
final judgement in the court of the First Instance, it shall be dismissed to be prosecuted in the manner
especially provided by these rules (Rule 3, Sec. 21, Rules of Court)

Notice to the creditor to be issued by court- immediately after granting letters, testamentary or of
administration, the court shall issue a notice requiring all persons having money claims against the
decedent to file them in the office of the clerk of said court (Rule 86, Sec. 1, Rules of Court)

o Civil Claims

Rule 3, Sec. 21, Rules of Court

o Presumption of death
Rule 131 Section 5 Rules of Court

Article 390 Civil Code

Disputable Presumption: not heard from for 7 years = DEAD o Dead for all purposes. EXCEPT:
SUCCESSION

Absentee shall not be presumed dead for the purpose of opening his succession till after absence
of 10 years. o If he disappeared after 75 years old: Absence of 5 years SUFFICIENT to open
succession.

Article 391 Civil Code  Presumed DEAD FOR ALL PURPOSES:

Lost on board a vessel lost during sea voyage, missing airplane, not been heard of for 4 years since loss
of vessel or airplane.

Person in armed forces who has taken part in war, missing for 4 years

Person In danger of death other circumstances and his existence not known 4 years.

Article 392 Civil Code If absentee appears or without appearing his existence is proved, he shall recover
his property in the condition in which it may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim either fruits or rents.

o Presumption of survivorship

Rule 131 Section 5(jj) Rules of Court

When 2 persons die in same calamity, such as:

 Wreck
 Battle
 Conflagration

Not shown who died first; there are no particular circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting from the strength and age of the sexes,
according to the following:

1. Both UNDER 15: Older presumed survived

2. Both ABOVE 60: Younger presumed survived

3. One UNDER 15, Other ABOVE 60: UNDER 15 presumed survived

4. One OVER 15, Other UNDER 60, a. Different Sex: Male presumed survived b. Same Sex: Older

5. One UNDER 15, or ABOVE 60, the other BETWEEN those ages: latter presumed survived

Article 43, Civil Code:

If there is a doubt, as between 2 or more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the same time and there shall be no transmission of
rights from one to the other.

· Changes in the body following death

1. Changes in the muscle

2. Changes in the blood
3. Autolytic or Autodigestive changes
4. Putrefaction of the body

· Condition simulating rigor mortis

(1) Heat stiffening:

If the dead body is exposed to temperatures above 75°C it will coagulate the
muscle proteins and cause the muscles to be rigid. The stiffening is more or
less permanent and may not be easily affected by putrefaction. The body
assumes the “pugilistic attitude” with the lower and upper extremities flexef
and the hands clenched because the flexor muscles are stronger than the
extensors.
Heat stiffening is commonly observed when the body of a person is placed in
boiling fluid or when the body is burned to death.
(2) Cold stiffening:
The stiffening of the body may be manifested when the body is frozen, but
exposure to warm condition will make such stiffening disappear. The cold
stiffening is due to the solidification of fat when the body is exposed to
freezing temperature. Forcible stretching of the flexed extremities will
produce a sound due to the frozen synovial fluid.
(3) Cadaveric Spasm or Instantaneous Rigor:
This is the instantaneous rigidity of the muscles which occurs at the moment
of death due to extreme nervous tension, exhaustion and injury to the
nervous system or injury to the chest. It is principally due to the fact that the
last voluntary contraction of muscle during the life does not stop after death
but is continuous with the act of cadaveric rigidity.
In case of cadaveric spasm, a weapon may be held in the hand before death
and can only be removed with difficulty. For practical purposes it cannot be
possible for the murderer or assailant to imitate the conditions. In cadaveric
spasm, only group of muscles are involved and they are usually not
symmetrical.
The findings of weapon, hair, pieces of clothing, weeds on the palms of the
hands and firmly grasped is a very important medico-legal point in the
determination whether it is a case of suicide, murder or homicide. The
presence of weeds held by the hands of a person found in water shows that
the victim was alive before disposal.
· Hypostasis and Lividity

Hyspostatic lividity will be found in areas of the body which comes in contact with the surface where thr
body lies. If there is already coagulation of blood or if blood has already diffuse into the tissues of the
body, a change of position will not alter the location of the post-mortem lividity.

· Importance of Cadaveric lividity

(1) It is one of the signs of death

(2) It may determine whether the position of the body has been changed after its
appearance in the body.
(3) The color of the lividity may indicate the cause of death.
(4) It may determine how long the person has been dead.
(5) It gives us an idea as to the time of death.

· Point considered that infers the position of the body at the time of death

a. Posture of the body when found:

The body may become rigid in the position in which he died. Post-mortem lividity may
develop in the assumed position. This condition may occur and is of value if the state
and position of the body was not moved before rigidity and lividity took place.
b. Post-mortem Hypostasis
-hypostatic lividity will be found in areas of the body which comes in contact with the
surface where the body lies. If there is already coagulation of blood or if blood has
already diffused into the tissues of the body, a change of position will not alter the
location of the post-mortem lividity.

c. Cadaveric System:

-in violent death, the attitude of parts of the body may infer position on account of the spasm of
the muscles.

· Putrefaction of the body

a. Changes in the color of the tissue

b. Evolution of gases in the tissues
c. Liquefaction of the soft tissues
· Chronological changes of the body in Putrefaction (External | Internal | Temperate | Tropical |
Submerged in water

a. External changes:
(1) Greenish discoloration over the iliac fossa appearing after one to three
days.
(2) Extension of the greenish discoloration over the whole abdomen and
other parts of the body.
(3) Marked discoloration and swelling of the face with bloody froth coming
out of the nostrils and mouth.
(4) Swelling and discoloration of the scrotum, or of the vulva.
(5) Distention of the abdomen with gases.
(6) Development of bullae in the face of varying sizes.
(7) Bursting of the bullae and denudation of large irregular surfaces due to
the shedding of the epidermis.
(8) Escape of blood-stained fluid from the mouth and nostrils.
(9) Brownish discoloration of the surface veins giving an arborescent
pattern on the skin.
(10)Liquefaction of the eyeballs.
(11)Increased discoloration of the body generally and progressive increase
of abdominal distention.
(12)Presence of maggots.
(13)Shedding of the nails and lossening of the hairs.
(14)Conversion of the tissue into semi-fluid mass.
(15)Facial feature unrecognizable
(16)Bursting of the abdomen and thoracic cavities.
(17)Progressive dissolution of the body.
b. Internal changes:
(1) Those which putrefy early:
(a) Brain
(b) Lining of the trachea and larynx
(c) Stomach and intestines
(d) Spleen
(e) Liver
(f) Uterus (if pregnant or in puerperal stage)
(2) Those which putrefy late:
(a) Esophagus
(b) Diaphragm
(c) Heart
(d) Lungs
(e) Kidneys
(f) Urinary bladder
(g) Uterus (if not gravid)
(h) Prostrate gland
Temperate

Greenish Discoloration over the iliac fosae.

Eyeballs are soft and yielding.

1-3 days

Greenish discoloration spreading over the while abdomen, external genitals and other parts of the body.
Frothy blood from the moth and nostrils.

3-5 days

Abdomen distended with gas. Cornea fallen in and concave. Purplish red streaks of veins prominent on
the extremities. Sphincters relaxed.

Nails firm.

8-10 days

Body greenish-brown. Blisters forming all over the body. Skin peels off. Features unrecognizable.
Scrotum distended. Body swollen up owing to distention. Maggots found on the body. Nails and hair
loose and easily detached.

14 – 20 days

Soft parts changes into a thick, semi-fluid black mass

2-5 mos after death

Tropical

Rigor mortis present all over. Hypostasis well developed and fixed. Greenish discoloration showing over
the castum.

12 hrs

Rigor mortis absent all over. Green discoloration over whole abdomen and spreading to chest. Abdomen
distended with gasses.

24 hrs

Ova of flies seen. Trunk bloated. Face discoloured. Blisters present. Moving maggots seen.

48 hrs.

Whole body grossly swollen and disfigured. Hair and nails loose. Tissues soft and discoloured.

72 hrs

Soft viscera putrefied.

1 wk
Only more resistant viscera distinguishable. Soft tissues largely gone.

2 wks

Body skeletonised.

1 mo.

Submerge in water

Very little change if water is cold. Rigor mortis may persist.

4-5 days

The skin on the hands and feet became sodden and bleached. The face appears softened and has a
faded white color.

5-7 days

Face swollen and red. Greenish discoloration on the eyelids, lips, neck and sternum. Skin of the hands
and feet wrinkled. Upper surface of brain greenish in color.

1 – 2 wks

Skin wrinkled. Srotum and penis distended with gas. Nails and hair still intact. Lungs emphysematous
and covered the heart.

4 wks

Abdomen distended, skin of hands and feet come off with nails like a glove.

6 – 8 wks

· Bacterial influences and destructive agents in decomposition

-Decomposition is due to action of bacteria in various tissues of the body.

Other bacteria which participate in tissue destruction during the period of decomposition are:

b. Bacillus coli
c. Bacillus proteus vulgaris
d. Bacillus mesentericus
e. Bacillus aerogenes capsulatus

Other Destructive Agents During Decomposition:

c. Flies:
(1) Maggots (Larvae)
(2) Adult flies
d. Reptiles
e. Rodents
f. Other Mammals
 g. Fishes and Crabs
h. Molds

· Mummification

-mummification is the dehydration of the whole body which results in the shivering and preservation of
the body. It usually occurs when a dead body is buried in a hot, and arid place with dry atmosphere and
with free access of hot air.

· Saponification

-this is a condition wherein the fatty tissues of the body are transformed to soft brownish-white
substance known as adipocere. The layer of subcutaneous tissue is the frequent site of its formation. It
occurs naturally in the visceral organs and even in non-fatty tissues of the body like the muscles.

DIFFERENTIATE

· Brain death | Cardio-Respiratory death

 Death occurs when there is deep irreversible coma, absence of electrical brain activity
and complete cessation of all the vital functions without possibility of resuscitation.

 Death occurs when there is a continuous and persistent cessation of heart action and
respiration.
 It is a condition in which the physician and the members of the family pronounced a
person to be dead based on the common sense or intuition

· Legally dead | Medically dead

“A person will be considered medically and legally dead if, in the opinion of a physician, based on
ordinary standards of medical practice, there is the absence of spontaneous respiratory and cardiac
function and, because of the disease or condition which caused, directly or indirectly, these functions to
cease, or because of the passage of time since these functions ceased, attempts at resuscitation are
considered hopeless, and, in this event, death will have occurred at the time these functions ceased.

Second, a person will be considered medically or legally dead if, in the opinion of a physician, based on
ordinary standards of medical practice, there is the absence of spontaneous brain function; and if based
on ordinary standards of medical practice, during reasonable attempts to either maintain or restore
spontaneous circulatory or respiratory function in the absence of aforesaid brain function, it appears
that further attempts at resuscitation or supportive maintenance will not succeed, death will have
occurred at the time when these conditions first coincide. Death is to be pronounced before artificial
means of supporting respiratory and circulatory function are terminated and before any vital organ is
removed for purposes of transplantation.”

· Rigor Mortis | Cadaveric Spasm | Muscular Contraction

d. Stage of post-mortem rigidity (Cadaveric Rigidity or Death struggle of muscles or Rigor

Mortis)
The whole body becomes rigid due to the contraction of the muscles.

Distinctions between rigor mortis and cadaveric spasm

(4) Rigor mortis appears three to six hours after death, while cadaveric spasm
appears immediately after death.
(5) Muscles involved:
Rigor mortis involves all the muscles of the body whether voluntary or
involuntary, while cadaveric spasm involves only a certain muscle or group of
muscles and are asymmetrical.
(6) Occurrence:
Rigor mortis is a natural phenomena which occurs after death, while cadaveric
spasm may or may not appear on a person at the time of death
(7) Medico-Legal significance:
Rigor mortis may be utilized by a medical jurist to approximate the time of
death, while cadaveric spasm may be useful to determine the nature of the
crime.

Distinctions between Muscular Contraction and Rigor Mortis

Muscular Contraction

(3) Contracted muscle is more or less transparent, or rather translucent.

(4) It is very elastic, i.e., capable of restoration to its original form as soon as the
distorting force has ceased to act.
(5) In reaction to litmus, it is either neutral or slightly alkaline, and any reduction
in this alkalinity is very speedily removed.
(6) If the contraction be overcome by mechanical force, the muscles though they
may remain for a time uncontracted, possess still their inherent power of
contraction; they may then keep the limb fixed in a new position or allow a
return to the old position.

Rigor Mortis

(2) Muscle in rigor mortis losses this translucency, and becomes opaque.
(3) It has lost this elasticity and readily maintains a distorted position.
(4) It is distinctly and constantly acid (until decomposition is advanced) owing to the
development of sarcolatic and other acid metabolites.
(5) If rigor mortis be overcome by mechanical force, absolute flaccidity corresponding in
degree with the amount of mechanical movement, at once ensues, and there is no
 power to resume the old position nor any new one, except so far as gravity may cause a
new position. This flaccidity is permanent till decomposition destroys the muscles.

· Ante-mortem clot | Post-mortem clot

Ante mortem clot

(1) Firm in consistency

(2) Surface of the blood vessel raw after the clots are removed
(3) Clots homogenous in construction so it cannot be stripped into layers.
(4) Clot with uniform color.

Post-mortem clot

(1) Soft in consistency

(2) Surface of the blood vessel smooth and healthy after the clots are removed.
(3) Clots can be stripped off in layers.
(4) Clot with distinct layer.

· Hypostatic lividity | Diffusion lividity

Hypostatic Lividity:

The blood merely gravitates into the most dependent portions of the body but still inside the blood
vessels and still fluid in form. Any change of position of the body leads to the formation of the lividity in
another place. This occurs during the early stage of its information.

Diffusion Lividity:

This appears during the later stage of its formation when the blood had coagulated inside the blood
vessels or has diffused into the tissues of the body. Any change of position will not change the location
of the lividity.

· Contusion (Bruise) | Post-mortem hypostasis

Contusion

A. Below the epidermis in the true skin in small bruises or extravasations, below
this in larger ones, and often much deeper still. The reason is obvious, viz.,
that the epidermis has no blood-vessels to be ruptured.
B. Cuticle was probably abraded by the same violence that produced the bruise.
In small punctures, such as flea bites, this is not observed.
C. A bruise appears at the seat of and surrounding the injury. This may or may
not be a dependent part.
 D. Often elevated, because the extravasated blood and subsequent inflammation
swell the tissues.
E. Incision shows blood outside the vessel. This is the most certain test of
difference, and can be observed even in very small bruises.
F. Colour variegated. This is only true of bruises that are some days old; it is due
to the changes in the haemoglobin produced during life.
G. If the body happens to be constricted at, or supported on, a bruised place, the
actual surface of contact may be a little lighter than the rest of the bruise, but
will not be white.

Post-mortem Hypostasis

A. In the epidermis or in the cutis, as a simple stain or a showing through

the epidermis of underlying engorged capillaries.
B. Cuticle unabraded, because the hypostasis is a mere sinking of the
blood; there is no trauma.
C. Always in a part which for the time of formation is dependent, i.e., at a
place where gravity ordains it.
D. Not elevated, because either the blood is still in the vessels or, at most,
has simply soaked into and stained the tissues. Incision shows the blood
is still in its vessels; and if any oozing occurs drops can be seen issuing
from the cut mouths of the vessels.
E. Colour uniform. The well-known change in colour (green, yellow, etc. )
produced in blood extravasted into living tissues does not occur in dead
tissues with the same regularity.
F. In a place which would otherwise be the seat of a hypostasis pressure pf
any kind, even simple support (the wrinkling of a shirt or necktie, gartet,
etc. ) is sufficient to obliterate the lumen of venules and capillaries, and
so to prevent their filling with blood. White lines or patches of pressure
bordered by the dark color of a hypostasis are produced and marks of
floggings, strangulation, etc., are thus sometimes simulated.

EXPLAIN | DISCUSS

· (Methods of detection) Examination of the heart

(1) Palpation of the Pulse:

Pulsation of the peripheral blood vessels may be made at the region of the wrist or at the neck.
The pulsation of the vessels is synchronous with the heart beat. Occasionally the pulsation is
very imperceptible and irregular that the examiner experience much difficulty.
(2) Auscultation for the Heart Sound at the Precordial Area:
 The rhythmic contraction and relaxation of the heart is audible through the stethoscope. Heart
sound can be audible during life even without the aid of a stethoscope by placing the ear at the
precordial area.
Errors in the Method of Determining Heart Action:
(a) The heart itself may like other muscles, be in a state of apparent and
not real death.
(b) The heart sound may not always be appreciable to the ear even with
the aid of the stethoscope.

Difficulties in Auscultation may be encountered in:

(a) Stout person

(b) Fatty degeneration of the heart
(c) Pericardial effusion
(3) Flouroscopic Examination:
-examination of the chest will reveal the shadow of the heart in its rhythmic contraction and
relaxation. The shadow may be enlarged and the excursion made less visible due to pericardial
effusion.

(4) by the use of electrocardiograph:

The heart beat is accompanied by the passage of electrical charge through the impulse conducting
system of the heart which may be recorded in an electrocardiograph machine. The electrocardiograph
will record the heart beat even if it is too weak to be heard by auscultation. This is the best method of
determining heart action but quite impractical.

· (Methods of detection) Examination of the Peripheral Circulation

(1) Magnus test:

A ligature is applied around the base of a finger with moderate tightness. In a living person there
appears a bloodless zone at the site of the application of the ligature and a livid area distal to
the ligature. If such ligature is applied to the finger of a dead man, there is no such change in
color. The color of the area where the ligature is applied will be the same as that one distal to it.
There may be no appreciable change of color if a living person is markedly anemic.
(2) Opening of small artery:
In the living, the blood escapes in jerk and at a distance. In a dead man, the blood vessel is white
and there is no jerking escape of blood but may only ooze towards the nearby skin. When bigger
arteries are cut, blood may flow without pressure continuously.
(3) Icard’s Test:
 This consists of the injection of a solution of fluorescein subcutaneously.
 If circulation is still present, the dye will spread all over the body and the whole
skin will have a greenish-yellow discoloration due to flourescein.
 This test should be applied only with the use of the daylight as the color is
difficult to be appreciated with the use of artificial light.
 (4) Pressure on the Fingernails:
 lf pressure is applied on the fingernails intermittently, there will be a zone of
paleness at the site of the application of pressure which become livid on release.
 There will be no such change of color if the test is applied to a dead man.
(5) Diaphanous Test
 The fingers are spread wide and the finger webs are viewed through a strong light.
 Living: the finger webs appear red Dead: yellow
(6) Application of Heat on the Skin
 If heated material is applied on the skin

Living: blister formation, congestion, and reactions of the injured area will be observed.
Dead: will not produce true blister, no sign of congestion, or other vital reactions.
other vital

(7) Palpation of the Radial Pulse With Fingers

Living: will feel the rhythmic pulsation of the vessel due to the flow of blood.

Dead: No such pulsation will be observed

(8) Dropping of Melted Wax

Melted sealing wax is dropped on the breast of a person.

Dead: there will be no inflammatory edema at the neighborhood of the dropped melted
wax.

· (Methods of detection) Cessation of Respiration

 must be continuous and persistent.

In the following conditions there may be suspension of respiration without death ensuing:
a. In a purely voluntary act, as in divers, swimmers, etc. but it cannot be longer than
two minutes;

b. In some peculiar condition of respiration, like CheyneStokes respiration, but the apneic
interval cannot be longer than fifteen to twenty seconds;

c. In cases of apparent drowning;

d. Newly-born infants may not breathe for a time after birth and may commence only
after stimulation or spontaneously later.

· Estimating time of death based on temperature

a. When the body temperature is normal at the time of death, the average rate of fall of the
temperature during the first two hours is one-half of the difference of the body temperature
and that of the air.
 During the next two hours, the temperature fall is one-half of the previous rate, and during the
succeeding two hours, it is one-half of the last mentioned rate.
As general rule the body attains the temperature of the surrounding air from 12 to 15 hours
after death in tropical countries.
b. To make an approximate estimate of the duration of death from the body temperature, the
following formula has been suggested:

(Normal Temperature) 98.4°F --- (Rectal Temperature)

Approximate number of hours
This formula is only applicable to cases where the rectal temperature has not yet assumed the
temperature of the surroundings, otherwise, the result will be constant.

· Changes in the muscle after death

 Stage of primary flaccidity (post-mortem muscular irritability) :

The muscles are relaxed and capable of contracting when stimulated.
 Stage of post-mortem rigidity (Cadaveric Rigidity or Death struggle of muscles or Rigor
Mortis)
The whole body becomes rigid due to the contraction of the muscles.
 Stage of secondary flaccidity or commencement of putrefaction (Decay of Muscles)
The muscles become flaccid, or no longer capable of responding to mechanical or
electrical stimulus and the reaction becomes alkaline.

· Physical characteristics of post-mortem lividity

(1) It occurs in the most extensive areas of the most dependent portions of the body.
(2) It only involves the superficial layer of the skin.
(3) It does not appear elevated from the rest of the skin.
(4) The color is uniform but the color may become greenish at the start of decomposition.
(5) There is no injury of the skin.

· Autolytic or Autodigestive changes after death

After death, proteolytic, glycolytic and lipolytic ferments of glandular tissues continue to act which lead
to the autodigestion of organs. This action is facilitated by weak acid and higher temperature. It is
delayed by the alkaline reaction of the tissues of the body and low temperature. Their early appearance
is observed in the parenchymatous and glandular tissues.

Autolytic action is seen in the maceration of the dead fetus inside the uterus. The stomach may be
perforated, glandular tissues become soft after death due to autodigestion and the action of autolytic
enzymes.
Microscopic examination of the tissues under the influence of autolytic enzymes shows disintegration,
swelling or shrinkage, vacuolization and formation of small granules within the cytoplasm cells. There is
also a change in the staining capacity and become desquamated from the underlying layers.

ENUMERATE

· Kinds of death

1. SOMATIC DEATH OR CLINICAL DEATH

 state of the body in which there is complete, persistent and continuous cessation of
the vital functions of the brain, heart and lungs which maintain life and death;
 hardly impossible to determine the exact time of death;
 immediately after death,
- the face and lips become pale
- the muscles become flaccid
- the sphincters are relax
- the lower jaw tends to drop
- the eyelids remain open
- pupils dilate
- skin loses its elasticity
- body fluids tend to gravitate to the most dependent portions of the body
- body heat gradually assumes the temperature of the surroundings

2. MOLECULAR OR CELLULAR DEATH

 After cessation of the vital functions, there is still animal life among individual cells.
 About 3-6 hours later, there is death of individual cells known as molecular or cellular
death
 Exact occurrence cannot be definitely determined due to several factors

3. APPARENT DEATH OR STATE OF SUSPENDED ANIMATION

 This condition is not really death but merely a transient loss of the vital functions of
the body on account of disease, external stimulus or other forms of influence.
 It may arise especially hysteria, uremia, catalepsy and electric shock

· Signs of death

1. CESSATION OF HEART ACTION AND CIRCULATION

 There must be continuous cessation of the heart action and the flow of blood in the
whole vascular system

Methods of Detecting the Cessation of Heart Action and Circulation

a. Examination of the Heart

a.1. Palpation of the Pulse- may be made at the region of the wrist or at the neck
 a.2. Auscultation for the heart sound at the precordial Area- the rhythmic contraction and the
relaxation of the heart is audible through the stethoscope. Heart sound can be audible during
life even without the aid of the stethoscope by placing the ear at the precordial area.

Difficulties in Auscultation may be encountered in:

(a) Stout person

(b) Fatty degeneration of the heart.

(c) Pericardial effusion.

a.3. Flouroscopic Examination- will reveal the shadow of the heart in its rhythmic
contraction and relaxation. The shadow may be enlarged and the excursion made less
visible due to pericardial effusion.

a.4. By the Use of Electrocardiograph This is the best method of determining heart action
but quite impractical

b. Examination of the Peripheral Circulation:

b.1. Magnus’ Test:

 A ligature is applied around the base of a finger with moderate tightness.

 In a living person there appears a bloodless zone at the site of the application of the
ligature and a livid area distal to the ligature.
 If the ligature is applied to the finger of a dead man, there is no such change in
color.

b.2. Opening of Small Artery:

 Living: the blood escapes in jerk and at a distance.

 Dead: the blood vessel is white and there is no jerking escape of blood but may only
ooze towards the nearby skin.
 When bigger arteries are cut, blood may flow without pressure continuously.

b.3. Icard's Test

 This consists of the injection of a solution of fluorescein subcutaneously.

 If circulation is still present, the dye will spread all over the body and the whole skin
will have a gleenish-yellow discoloration due to flourescein.
 This test should be applied only with the use of the daylight as the color is difficult
to be appreciated with the use of artificial light.

b.4. Pressure on the Fingernails:

 lf pressure is applied on the fingernails intermittently, there will be a zone of

paleness at the site of the application of pressure which become livid on release.
 There will be no such change of color if the test is applied to a dead man.

b.5. Diaphanous Test

  The fingers are spread wide and the finger webs are viewed through a strong light.
 Living: the finger webs appear red Dead: yellow

b.6. Application of Heat on the Skin

 If heated material is applied on the skin

Living: blister formation, congestion, and reactions of the injured area will be observed.
Dead: will not produce true blister, no sign of congestion, or other vital reactions.
other vital

b.7. Palpation of the Radial Pulse With Fingers

Living: will feel the rhythmic pulsation of the vessel due to the flow of blood.

Dead: No such pulsation will be observed

b.8. Dropping of Melted Wax

Melted sealing wax is dropped on the breast of a person.

Dead: there will be no inflammatory edema at the neighborhood of the dropped melted
wax.

2. CESSATION OF RESPIRATION

 must be continuous and persistent.

In the following conditions there may be suspension of respiration without death ensuing:
a. In a purely voluntary act, as in divers, swimmers, etc. but it cannot be longer than
two minutes;

b. In some peculiar condition of respiration, like CheyneStokes respiration, but the apneic
interval cannot be longer than fifteen to twenty seconds;

c. In cases of apparent drowning;

d. Newly-born infants may not breathe for a time after birth and may commence only
after stimulation or spontaneously later.

· Factors delaying cooling of the body in death (body & surroundings)

a. Conditions that are connected with the body

(b) Acute pyrexial diseases
(c) Sudden death in good health
(d) Obesity of person
(e) Death from asphyxia
(f) Death of the middle age
 b. Conditions that are connected with the surroundings
(a) clothings
(b) want to access of air to the body
(c) small room
(d) warm surroundings

· Factors accelerating cooling of the body in death (body & surroundings)

A.
(b) Leanness of the body
(c) Extreme age
(d) Long standing or lingering illness
(e) Chronic pyrexial disease associated with wasting
B.
(a) unclothed body
(b) conditions allowing the access of air
(c) large room permitting the dissipation of heat
(d) cooling more rapid in water than in air.

· Stages of Muscle Reaction after death

f. Stage of primary flaccidity (post-mortem muscular irritability) :

The muscles are relaxed and capable of contracting when stimulated.
e. Stage of post-mortem rigidity (Cadaveric Rigidity or Death struggle of muscles or Rigor
Mortis)
The whole body becomes rigid due to the contraction of the muscles.
f. Stage of secondary flaccidity or commencement of putrefaction (Decay of Muscles)
The muscles become flaccid, or no longer capable of responding to mechanical or
electrical stimulus and the reaction becomes alkaline.

· Kinds of post-mortem lividity

Hypostatic lividity

Diffusion lividity

· Factors modifying Rate of Putrefaction

Internal Factors

Age

Condition of the Body

Cause of Death

External Factors

Free Air

Earth

Water

Clothings

· Factors influencing changes of the body after burial

State of the Body before Death: An emaciated person at the time of death will decompose
slower than a wellnourished individual. Skinny persons have more tendency to decompose.

Time elapsed between death and burial and environment of the body.

Effect of Coffin: the use of a coffin will delay decomposition if it is airtight and hard.

Clothing and Any other Coverings on the Body when buried:Clothings retard decomposition
because it affords protection from insects and aids adipocere formation.

Depth at which Body is buried: the greater the depth the body is buried the better the
preservation.

Condition and type of soil: Dry, arid and sandy soil promotes mummification.

Inclusion of something in the Grave which will hasten Decomposition

Access of Air to the Body after Burial: Air may hasten evaporation of the body fluid and
promotes mummification.

Mass Grave: There is relatively rapid decomposition of the bodies

Trauma on the Body:

· Considerations in the duration of death determination

1. Presence of Rigor Mortis

2. Presence of Post-mortem lividity
3. Onset of decomposition
4. Stage of decomposition
5. Entomology of the cadaver
 6. Stage of digestion of food in the stomach
7. Presence of live fleas in the clothings in drowning cases
8. Amount of urine in the bladder
9. Stage of the clothings
10. Chemical changes in the cerebrospinal fluid (15 hrs following
death)
11. Post-mortem clotting and decoagulation of blood
12. Presence or absence of soft tissues in skeletal remains
13. Condition of the bones

CHAPTER 5

MEDICO-LEGAL INVESTIGATION OF DEATH

DEFINE

· Inquest Officer

-Is an official of the state charged with the duty of inquiring into certain matters. In medico-legal
investigation, an inquest officer is the one charged with the duty of investigating the manner and cause
of death of a person. He is authorized to summon witness and direct any person to perform or assist in
the investigation when necessary.

· Autopsy

-is a comprehensive study of a dead body, performed by a trained physician employing recognized
dissection procedure and techniques. It includes the removal of tissues for further examination.

· Negative Autopsy

-an autopsy is called a negative autopsy if after all efforts, including gross and microscopic studies and
toxicological analyses, fail to reveal a cause of death. It is an autopsy which after a meticulous
examination with the aid of other examinations does not yield any definite cause of death.

· Negligent Autopsy

-an autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill or
lack of foresight of the examiner.

KNOW

· Crime Scene Investigation

-is the place where the essential ingredients of the criminal act took place. It includes the setting of the
crime and also the adjoining places of entry and exit of both offender and victim.

· Equipment needed in CSI

a. Those needed in the search of physical evidence- flashlight and magnifying lens.
b. Those needed in the collection of evidence- forceps, knife, screw driver, scalpel, cutting
instruments like plier, pair of scissors and fingerprint kit.
c. Those needed in the preservation and transportation of evidence collected- bottles, envelopes,
test tubes, pins, thumb tasks, labelling tag and pencil.
d. Those necessary for the documentation of the scene- photographic camera, sketching kit,
measuring tape, compass, chalk of any writing instrument.
· Disposal of collected Evidence

All evidences collected must be protected, identified and preserved. Reasonable degree of care must be
exercised to preserve shape, to minimize alterations due to contamination, chemical changes, addition
of extreneous substances. In the process of transferring of the evidence, the number of persons who
handle them must be kept at a minimum and each transfer should be receipted.

· Examination of the dead body in the CS

a. Evidences which will tend to prove identity.

b. Position of the victim.
c. Condition of the apparel worn
d. Approximate time of death
e. Presence of wounding instrument and its approximate distance from the body.
f. Potential cause of death
In a death by gunshot, the clothing must be left undisturbed at the crime scene. A lot of
information may be gathered from it:
a. The bullet might have produced an exit on the skin but failed to cause mark or tear on
the clothings which through improper handling may not be recovered.
b. Examination “in situ” may be useful in the determination of the site of entrance and exit
of the bullet and also the trajectory of the shot.

· Advantages of starting autopsy on the head

1. If the autopsy starts on the chest or abdomen, excision of the organs will
cause the blood content of the brain and the meninges to necessarily lose its
original pattern.
2. There is the unavoidable contamination of the body associated with the
autopsy, which prevents liable culturing of microorganisms from the cranial
contents;
3. Manipulation of other blood vessels, specially at the neck may result in air
bubbles being artificially drawn into the cerebral vessels, impairing fair
evaluation of air embolism that might have occurred during life.

· Procedure of Autopsy
 1. Be it an official (medico-legal) or non-official autopsy, the pathologist must be properly guided
by the purposes of which autopsy is to be performed. In so doing the purpose of such dissection
will be served.
2. The autopsy must be comprehensive and must not leave some parts of the body unexamined.
Even if the findings are already sufficient to account for death, these should not be a sufficient
reason for the premature termination of the autopsy. The existence of a certain disease or injury
does not exclude the possibility of another much more fatal disease or injury. The findings of
coronary disease does not exclude the probability of injury or poisoning.
3. Bodies which are severely mutilated, decomposing or damaged by fire are still suitable for
autopsy. No matter how putrid or fragmentary the remains are, careful examination may be
productive of information that bears the identity and other physical trauma received.
4. All autopsies must be performed in a manner which show respect of the dead body.
Unnecessary dissection must be avoided.
5. Proper identity of the deceased autopsied must be established in non-official autopsy. An
autopsy on a wrong body may be a ground for damages.
6. A dead body must riot be embalmed before the autopsy. The embalming fluid may render the
tissue and blood unfit for toxicology analyses. The embalming may alter the gross appearance of
the tissues or may result to a wide variety of artifacts that tend to destroy or obscure evidence.
An embalmer who applied embalming fluid on a dead body which in its very nature is a victim
of violence is liable for his wrongful act.
7. The body must be autopsied in the same condition when found at the crime scene. A delay in its
performance may fail or modify the possible findings thereby not serving the best interest of
justice.

o Examination of the Head

-the scalp is incised from the mastoid process of one side passing the vertex to the mastoid process on
the opposite side. The flaps are turned down to the back and to the forth. Note the presence of
hemorrhage, bruise, hemetoma, and fracture of the skull. Open the skull by sawing at the forehead
above the eyebrow to the region of the upper portion of the ear and another vertically a little behind
the vertex and meeting the horizontal cut at the region of the upper portion of the ear. Remove the flap
of bone and note the condition of the meninges. Remove the brain after cutting it from its attachment
and the tentorium cerebelli. Examine the brain for pathological condition, hemorrhage, laceration,
softening, and the base and side of the cranial box for hemorrhage and fracture. Make several incisions
on the brain and study the injury or disease.

o Abdominal and Chest Wall Examination

A primary incision must be made from the suprasternal notch to the pubic symphysis passing to the left
of the umbilicus. Cut the rectus abdominis muscle at several points to expose the abdominal cavity and
flap the skin at the region of the chest from the primary incision to the lateral aspect of the chest
exposing the ribs. Disarticulate the sterno-clavicular joint and cut the ribs medial to the costo-chondral
junction. Remove the breast and begin examining the ff:
Abdominal and Chest wall:

Fat musculature- amount, color, moisture, fibrosis. Development, color, thickness, atrophic changes.

o Abdominal Cavity

Go to the abdominal cavity and remove the spleen by pulling it and cutting the vessels at the region of
the hilus. Examine the spleen on the ff. points:

Weight- very variable, approximately 150 grams.

External examination- size, color, consistency, thickness of the capsule, smoothness or wrinkling of the
capsule

Cut surface- resistance to cutting, bulging of cut surface, color, prominence of the Malphigian,
corpuscles, and trabeculae, consistency of the pulp by scraping with sharp edge of knife.

o Neck Organs

-remove the larynx, pharynx and tongue including the tonsils. The condition of the lymph glands,
obstruction and edema of the glottis, foreign body and materials in the larynx and trachea, condition of
the thyroid gland, and condition of the tongue and tonsils should be noted.

o Extremities

-there is no technical incision for the extremities. Just open what is deemed necessary and appropriate
for the occasion.

· Laws involved in INVESTIGATION OF DEATH:

-Sec. 983, Revised Administrative Code

-Sec. 38, Rep. Act 409 as amended by Rep. Act 1934 (Revised Charter of the City of Manila)

-Rep. Act 157 (An act creating the National Bureau of Investigation)

-Sec. 34, Rep. Act 409 (Revised Charter of the City of Manila) as amended by Sec. 1, Rep. Act. 1934

-Sec. 95 (b) P.D. 856 (Code of Sanitation of the Philippines)

o People authorized to investigate death

1. The provincial and City Fiscals

 2. Judges of the courts of the first instance (now regional trial courts) sec. 983, revised
administrative code (supra)
3. Justice of the peace (now Municipal trial courts) sec. 983, administrative code (supra)
4. The director of the national bureau of investigation -Rep. Act. 157 (An act creating the NBI)
5. The chief of police of the city of manila- Sec. 34, Rep. Act 409 (Revised Charter of the City of
Manila) as amended by Sec. 1, Rep. Act. 1934- Chief of Police
6. Solicitor General

o Act creating the NBI

Rep. Act 157 (An act creating the National Bureau of Investigation)

o Nearest Kin

-Sec. 95 (b), P. D. 856, Code of Sanitation

o Right person to give consent for autopsy

(1) The spouse

(2) The descendants of the nearest degree
(3) The ascendants, also of the nearest degree
(4) The brothers and sisters
(Art. 294, Civil Code)

In case of descendants of the same degree, or of brothers and sister, the oldest shall be preferred. In
case of the paternal shall have a better right (Art. 305, Civil code)

o Death caused by Suspected Violence or crime

o Persons authorized to perform autopsy

a. Health officers
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hosoitals
(Sec. 95 (a) P. D. 856)

DIFFERENTIATE

· Autopsy | Post-mortem Examination

Autopsy- indicates that, in addition to an external examination, the body is opened and an internal
examination is conducted.

Post-mortem examination- refers to an external examination of a dead body without incision being
made, although blood and other body fluids may be collected for examination.

· Hospital (Pathological) or Non-Official Autopsy | Medico-Legal or Official Autopsy

a. This is an autopsy done on a human body with the consent of the deceased person’s relatives
for the purposes of (1) determining the cause of death; (2) providing correlation of clinical
diagnosis and clinical symptoms; (3) determining the effectiveness of therapy; (4) studying the
natural course of disease process; and (5) educating students and physicians
b. Medico-Legal or Official Autopsy
This is an examination performed on a dead body for the purposes of: (1) determining the
cause, manner (mode), and time of death; (2) recovering, identifying, and preserving evidentiary
material; (3) providing interpretation and correlation of facts and circumstances related to
death; (4) providing a factual, objective medical report for law enforcement, prosecution, and
defense agencies; and (5) separating death due to disease from death due to external cause for
protection of the innocent

EXPLAIN | DISCUSS

· Importance of Crime Scene Investigation

A great amount of physical evidence may be lost or unrecovered if the investigation merely starts at the
autopsy table or in the medical examining room. Blood, semen and other stains, latent finger and foot
prints, and articles of value that may lead to the identification of the offender and victim may be beyond
the comprehension of the investigator if the crime scene is not investigated.

The investigator has the earliest possible opportunity to interview persons who have knowledge of the
circumstances of actual events in the commission of the criminal act. The proximity of the narration to
the actual occurrence makes it reliable than those given after a lapse of time.

· Salient features peculiar to ML autopsies

a. Clinical history of the deceased in most instances absent, sketchy or doubtful

b. The identity of the deceased is the responsibility of the forensic pathologist
c. The time of death and the timing of the tissue injuries must be answered by the forensic
pathologist.
d. The forensic pathologist must alert himself of the possible inconsistencies between the
apparent cause of death and his actual findings in the crime scene
e. A careful examination of the external surface for possible trauma including the clothings to
determine the pattern of injuries in relation to the injurious agent.
 f. The autopsy report is written in a style that will make it easier for laymen to read and more
clearly organized insofar as the mechanism of death is concerned.
g. The professional and environmental climate of a forensic pathologist is with the courts,
attorneys and police who make scrutiny of the findings and conclusion.

· PROCEDURE OF AUTOPSY

o Guidelines in the Performance of Autopsy

1. Be it an official (medico-legal) or non-official autopsy, the pathologist must be properly guided

by the purposes of which autopsy is to be performed. In so doing the purpose of such dissection
will be served.
2. The autopsy must be comprehensive and must not leave some parts of the body unexamined.
Even if the findings are already sufficient to account for death, these should not be a sufficient
reason for the premature termination of the autopsy. The existence of a certain disease or injury
does not exclude the possibility of another much more fatal disease or injury. The findings of
coronary disease does not exclude the probability of injury or poisoning.
3. Bodies which are severely mutilated, decomposing or damaged by fire are still suitable for
autopsy. No matter how putrid or fragmentary the remains are, careful examination may be
productive of information that bears the identity and other physical trauma received.
4. All autopsies must be performed in a manner which show respect of the dead body.
Unnecessary dissection must be avoided.
5. Proper identity of the deceased autopsied must be established in non-official autopsy. An
autopsy on a wrong body may be a ground for damages.
6. A dead body must riot be embalmed before the autopsy. The embalming fluid may render the
tissue and blood unfit for toxicology analyses. The embalming may alter the gross appearance of
the tissues or may result to a wide variety of artifacts that tend to destroy or obscure evidence.
An embalmer who applied embalming fluid on a dead body which in its very nature is a victim
of violence is liable for his wrongful act.
7. The body must be autopsied in the same condition when found at the crime scene. A delay in its
performance may fail or modify the possible findings thereby not serving the best interest of
justice.

o Precautions to be observed

1. The physician must have all the necessary permit or authorization to perform such an
examination. Such permit must be issued by the inquest officer. The absence of such
authorization may hold the physician civilly and criminally liable.
2. The physician must have a detailed- history of the previous symptoms and condition of
deceased to be used as his guide in the post-mortem examination.
3. The true identity of the deceased must be ascertained. If no one claims the body, a complete
date to reveal his identity must be taken.
4. Examination must be made in a well-lighted place and it is advisable that no unauthorized
person should be present.
 5. All external findings must be properly described and if possible a sketch must be made or
photograph must be taken to preserve the evidence.
6. All steps and findings in the examination must be recorded.

o Rules in the examination

1. Look before you cut.

2. Never cut unless you know exactly what you are cutting.
3. Weigh and measure everything that can be weighed or measured.

· Religious Objections to Autopsy

There is no place in the Bible, in the Talmudic or Post-Talmudic writings, is there evidence that post-
mortem examination is prohibited. According to traditional interpretation, which is not necessarily
accepted by all Jewish groups, autopsies and transplantation of organs are permitted only in those cases
where the descendants gave consent.

ENUMERATE

· The person in the government authorized to make death investigations

1. The provincial and City Fiscals

2. Judges of the courts of the first instance (now regional trial courts) sec. 983, revised
administrative code (supra)
3. Justice of the peace (now Municipal trial courts) sec. 983, administrative code (supra)
4. The director of the national bureau of investigation -Rep. Act. 157 (An act creating the NBI)
5. The chief of police of the city of manila- Sec. 34, Rep. Act 409 (Revised Charter of the City of
Manila) as amended by Sec. 1, Rep. Act. 1934- Chief of Police
6. Solicitor General

· Stages of Medico-Legal Investigation

1. Crime scene investigation (Investigation of the place of commission of the crime)

2. Autopsy (Investigation of the body of the victim)

· Composition of the Search Team

a. A physician who has had previous knowledge and training in medico-legal investigation
must direct the search and assume responsibility for an effective search.
b. A photographer who will take pictures of the scene and the pieces of evidence
recovered. He may also acts as sketched and measurer.
c. An assistant who will act as the note taker, evidence collector and helper. He must have
previous knowledge and training in evidence collection.
· Methods of Conducting Search

a. Strip method- the area is blocked out in the form of a rectangle. The searcher proceeds
slowly at the same pace along the path parallel to one side of the rectangle.
b. Double strip or grid method- the searchers will traverse first parallel to the base and
then parallel to the side.
c. Spiral method- the searchers follow each other in the path in the spiral manner
beginning from the center towards the outside or vice versa.
d. Wheel method- the searchers gather at the center and proceed outwards along radii or
spokes.
e. Zone method- whole area is divided into subdivisions or quadrants and search is made
in the individual quadrants.

· Kinds of autopsies

a. Hospital or Non-official autopsy

b. Medico-legal or official autopsy

· Who can give the consent for autopsy

Right person to give consent for autopsy

(1) The spouse

(2) The descendants of the nearest degree
(3) The ascendants, also of the nearest degree
(4) The brothers and sisters
(Art. 294, Civil Code)

In case of descendants of the same degree, or of brothers and sister, the oldest shall be preferred. In
case of the paternal shall have a better right (Art. 305, Civil code)

· When shall autopsy be performed

Sec. 95 (b), P. D. 856, Code of Sanitation

a. Whenever required by special laws;

b. Upon order of a competent court, a mayor and a provincial or city fiscal;
c. Upon written request of police authorities;
d. Whenever the Solicitor General, Provincial or city fiscal as authorized by existing laws,
shall deem it necessary to disinter and take possession of the remains for examination
to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the authorities concerned in order to
ascertain the cause of death.
· Persons authorized to perform autopsy

a. Health officers
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hosoitals
(Sec. 95 (a) P. D. 856)

· Manner of deaths that SHOULD be autopsied

a. Death by violence
b. Accidental death
c. Suicides
d. Sudden death of persons who are apparently in good health
e. Death unattended by physician
f. Death in hospitals or clinics (D.O.A.) wherein a physician was not able to arrive at a clinical
diagnosis as the cause of death
g. Death occurring in unnatural manner.

· Stages in the Post-Mortem Examination

1. Preliminary Examination:
a. Examination of the Surroundings (Crime Scene)
b. Examination of the Clothings
c. Identity of the body
2. External Examination
a. Examination of the body surfaces
b. Determination of the position and approximate time of death
3. Internal Examination

· Mistakes in Autopsies

1. Error or omission in the collection of evidence for identification

2. Errors or omission in the collection of evidence required for establishing the
time of death
3. Errors or omission in the collection of evidence required for other medico-
legal examination
4. Errors or omission result in the production of undesirable artifacts or in the
destruction of valid evidence