JOURNAL IN LEGAL MEDICINE

I. General Consideration
Legal Medicine deals with the application of medical knowledge to the purposes of
law and administration of justice. It denotes the knowledge of law in relation to the
practice of medicine.
In Sec. 5, Rule 138 of the Rules of Court, it states that the medical jurisprudence
course is a prerequisite before admission to the bar examination.
Its Scope
It involves the application of medical and paramedical sciences as demanded by
law and administration of justice.
A knowledge of legal medicine means the ability to acquire facts, the power to
arrange those facts in their logical order, and to draw a conclusion from the facts
which may be useful in the administration of justice.
There are branches of law where legal medicine may be applied:
In civil laws, knowledge of legal medicine may be useful in the determination and
termination of civil personality, the limitation or restriction of a natural person’s
capacity to act, marriage and legal separation, paternity and filiation, and
testamentary capacity of a person making a will. In criminal law, legal medicine
may be applied in determining the following: circumstances affecting criminal
liability (Title I), crimes against person (Title VIII), and crimes against chastity (Title
XI). In remedial law, the study of legal medicine may be applied to the physical and
mental examination of a person (Rule 28); proceedings for hospitalization of an
insane person (Rule 101); and rules on evidences (Part IV). It can also be applied to
special laws such as R.A 6425 or the Dangerous Drug Act, P.D. 603 or the Youth
and Child Welfare Code, Insurance Law, and the Code of Sanitation.
Medical Evidence
It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact (Sec. 1, Rule 128, Rules of Court).
Some Types
1. Autoptic or Real Evidence - Sec. 1, Rule 130, Rules of Court — View of an object
— Whenever an object has such a relation to the fact in issue as to afford
reasonable ground of belief respecting the latter, such object may be exhibited to or
viewed by the court, or its existence, situation, condition, or character proved by
witnesses, as the court in its discretion may determine.
The court may require the physician to present the skeleton of the victim of a
criminal act exhumed and examined for the judge to see the presence and degree of
the ante-mortem fracture.
Limitations to the Presentation of Autoptic Evidence:
a. Indecency and Impropriety
The court may not allow exposure of the genitalia of an alleged victim of sexual
offense to show the presence and degree of the genital and extra-genital injuries
suffered by the victim. There are other ways for the court to know the facts other
than actual exhibition.
b. Repulsive Objects and those Offensive to Sensibilities
Foul smelling objects, persons suffering from highly infectious and communicable
disease, or objects which when touch may mean potential danger to the life and
health of the judge may not be presented. Exception: sound discretion of the court
2. Testimonial Evidence:
A physician may be commanded to appear before a court to give his testimony.
While in the witness stand, he is obliged to answer questions propounded by
counsel and presiding officer of the court. His testimony must be given orally and
under oath or affirmation.
3. Experimental Evidence:
The issue as to how long a person can survive, after the administration of lethal
dose of poison can be shown by the administration of the said poison to
experimental animals within the view of the court.
4. Documentary Evidence may be medical certification or report, medical expert
opinion, and deposition.
5. Physical Evidence or Criminalistics - The identification, collection, preservation
and mode of presentation of physical evidence.
Chapter 13: Gunshot Wounds

 Firearm Shot
Special Considerations in Bullet
Souvenir Bullet – bullets that are not harmful and operation will do more harm
than good so, it is best to leave it in the body than removing it
Bullet Trajection - the bullet is instantaneously located somewhere else in the body
other than the place of entrance (i.e. the bullet entered the shoulder but ended up
in the arm)
Bullet Migration - the bullet moves after some time from its place of origin
Logic: The body normally pushes out any foreign body that gets inside. But it is a
different story if the bullet is inside the cavity because the bullet does not move, it
only floats so, it needs to be removed.
3. Tandem Bullet – 2 or more bullets leaving the barrel one after another;
Capacity of the victim to perform volitional acts depends upon the ff:
-Area of the body involved
Importance of X-ray in GSW
- Facilitates location of the bullet
- Reveals fragmentation
- Bone involvement
Test for the presence of Gunpowder residue
- On the skin (site of the wound entrance)
- On the clothing especially, colored ones
Test for the presence of printer components
- Harrisan and Gilroy Test
Penal Provisions relative to firearms
- RA 2692
- Sec. 2690
- Sec. 2691
- Art. 155 RPC
- Art. 254 RPC
Firearms
- Low velocity firearms (firearms with muscle velocity of not more than 1400 ft
per second)
- High power firearm (firearms with muscles velocity of 1,400ft/sec. or more)
Gunshot wounds may be suicidal, homicidal or accidental
Presence of Gun Powder and Cartridges
Infliction depends on the distance of the gunman
gun powder can only be present on the body of the victim if the gunman is located
near enough for the gun powder to travel
Parts of Firearm: (1) trigger with firing pin
Gunshot Wounds
Usually have their point of entry and point of exit because there is a power with the
velocity or projection that whenever a bullet enters the body it is expected that the
bullet exited the body.
The ODD and EVEN rule – When examining a body, the first thing to do is to count
the number of wounds/holes of the body front and back
even number - all bullets exited the body
odd number - not all bullets exited the body
Firearm Identification
Types of small firearm (1) revolver; (2) automatic pistol; (3) rifle; (4) shotgun
Principal Parts of Cartridge: (1) The catridge case or shell (2) primer (3) powder or
propellant (4) bullet or projectile
Accidental Gunshot Wound vs. Suicidal Gunshot Wound
Accidental Gunshot Wound - located in accessible areas of the body
Suicidal Gunshot Wound - gunshot wounds are not just located at accessible
areas, but also in concealed areas convenient to the person
TIP: If the wound location seems to be awkward for the victim to shoot himself in
that location, it is probably not suicidal
Entry Wound vs. Exit Wound
Entry Wound - inward wound
Exit Wound - outward wound
Chapter 14: Thermal Injuries or Deaths
DEFINITION OF TERMS
1. Thermal Injuries
2. Thermal Death
3. Malaise
4. Giddiness
5. Syncope’
6. Lethargy
7. Delusion
Hallucination vs. Delusion vs. Illusion
Hallucination - Refers more to a person’s senses (i.e. you claim to see something
even if there’s nothing there; you claim that there is someone who’s whispering in
your ear)
Delusion - Claims of the person is usually illogical or defies logical explanations
(i.e. you believe that you are God; you believe that someone is out there to kill you;
you believe that you are being spied or followed; you believe that there is someone
who is about to abduct you)
Illusion - there is a tree but it appears to be something else to a person
8. Convulsion
13. Heat Stiffening
14. Radiation Burns
DEATH OR INJURY FROM COLD – not common in tropical countries. Cause of
death is due to decreased dissociation of oxygen from hemoglobin in the RBC
(nadukot an oxygen, diri nakakagawas)
DEATH OR INJURY FROM HEAT
Alcoholism, ill health, disease, and fatigue may be some of the predisposing factors.
The time required to transform the human body to ashes is dependent upon several
factors:

 Age of the Burns

36 hours = pus is already present and red inflammatory zone has disappeared

 Investigation of death in a Conflagration

a. Identity
b. whether person was alive on fire
  Treatment of Corrosive Substances Injury
ACCIDENTAL FIRE VS. INTENTIONAL FIRE
AF – the proven cause does not involve
BURNS vs. SCALDS
Spontaneous Combustibility
The human body can ignite itself spontaneously and burn itself to death.
Preternal Combustibility
The human body is inflammable
Thermal Burns raise the temp of skin and tissues and cause tissue cell death
Chemical Burns are the action of strong acids and alkalies and other irritant
chemicals; may be followed by keloid scars
Electrical Burns: (1) Contact Burn; (2) Spark Burn; (3) Flash Burn
Dupuytren’s Classification of Burns
1st Degree – simple redness of skin
2nd degree -
3rd degree – destruction of the cuticle
4th degree – the whole skin is destroyed
5th degree – severe scarring effects
6th degree – charrinf of the limb

CHAPTER 15: PHYSICAL INJURIES OR DEATH CAUSED BY LIGHTNING

Lightning – an electric charge in the atmosphere; capable of producing injury to the
human body
Sledge Hammer Blow – producing concussing, shock or unconsciousness to the
victim
Elements of Lightning:
1. direct effect from the electrical charge
2. surface flash burns from the discharge
3. mechanical effect
4. compression effect
TREATMENT
1. Artificial Respiration
2. Air passage must be kept free
DEATH OR PHYSICAL INJURY FROM ELECTRICITY
The main cause of death in electricity is shock.
MECHANISM OF DEATH IN ELECTRICAL SHOCK
1. Ventricular fibrillation which may lead to the rupture of some of the muscle
fibers and local hemorrhages in low voltage.
Ventricle - lower chambers of the heart responsible to pump blood from the heart to
the circulatory system or lungs
Atrium - upper chambers of the heart
NOTE: the heart rhythm goes like this, lub-dub-lub-dub-lub-dub. This rhythmic
sound is due to the closure of the valves; the closure coincides with the closing and
relaxing of the atrium

Ventricular fibrillation - pump rhythm in the ventricles is disoriented; it no longer

pumps but just vibrates
2. Respiratory failure due to bulbar paralysis in high voltage
3. Mechanical asphyxia due to violent and prolonged convulsion
TREATMENT
LAWS INVOLVED IN DEATH PENALTY BY ELECTROCUTION
Art. 81, Sec. 2