II deception and detection

Admissibility- polygraph examiner is not a licensed specialization

- may be admissible provided there is a stipulation of the parties and
counsels that they will accept said results
people not suited for testing by the Polygraph machine are:
a. those who are upset or tired
b. people on drugs or drunk
c. people who are hungry and thirsty
d. habitual liars
e. prisoners
f. children
g. mentally unstable persons
h. shy persons
i. sick persons

- Admissibility- polygraph examiner is not a licensed specialization

- may be admissible provided there is a stipulation of the parties and
counsels that they will accept said results

CONFESSION
An expressed acknowledgement by the accused of the truth of his guilt as to the crime charged, or of some
essentials thereof. While confession is a statement of guilt, admission is a statement of fact by the accused,
which does not directly involve an acknowledgement of guilt of the accused. Confessions not admissible are:
1) made under the influence of extortion or spiritual advice
2) made under the influence of parental sentiment

The defendant stated in the preliminary investigation that he had inflicted upon the deceased the wounds in
question. It was held that such statement was not a confession of guilt but only an admission, inasmuch as
the defendant might have inflicted the wound in self-defense.

III. Medicolegal aspect of identification

-Factors affecting identification:
- eyesight
- lighting – 100 yards in broad daylight
- 10 to 17 yards in moonlight / starlight

Identification testimony has at least 3 components. First,

witnessing a crime, whether as a victim or a bystander, involves perception of an
event actually occurring. Second, the witness must memorize details of the event.
Third, the witness must be able to recall and communicate accurately

(Justice Panganiban, Third Division, People v. Limpangog, G.R. No. 141438-40,Feb 3)

While eyewitness identification is significant, it is not as accurate and
authoritative as the scientific forms of identification evidence such as the
fingerprint or the DNA test result.

-Section 7 of 2007 Rules on DNA Evidence by the Supreme Court of the Philippines.
Probative value of DNA evidence.
In assessing the probative value of DNA evidence, courts should consider, among
other things, the following data:
1) The Chain of custody- how the samples were collected, handled, and possibility of contamination of the
samples.
2) The DNA testing methodology- procedures followed in analyzing the samples, compliance with standards
in conducting the tests
3) The DNA laboratory accreditation by reputable standards-setting institution, qualification of analyst who
conduct tests, relevant experience of laboratory in forensic casework and credibility
4) The reliability of the testing result.

Section 12 Rule on DNA Evidence by the Supreme Court of the Philippines.

Preservation of DNA Evidence:
The trial court shall preserve the DNA evidence in its totality, including biological samples, DNA profiles
and results or other genetic information obtained from DNA testing. For this purpose, the court may order
the appropriate government agency to preserve the DNA evidence as follows:
(a) In criminal cases:
i. for not less than the period of time that any person is under trial for an offense; or,
ii. in case the accused is serving sentence, until such time as the accused has served his sentence; and
(b) In all other cases, until such time as the decision in the case where the DNA evidence was introduced has
become final and executory. The court may allow the physical destruction of a biological sample before the
expiration of the periods set forth above, provided that:
i. A court order to that effect has been secured; or
ii. The person from whom the DNA sample was obtained has consented in writing to the disposal of the
DNA evidence.

-Right against self-incrimination in DNA sampling:

People v. Rondero [G.R. No. 125687, 9 December 1999, 320 SCRA 383]
“A person may be compelled to submit to fingerprinting, photographing, paraffin, blood and
DNA, as there is no testimonial compulsion involved”.
Herrera v. Alba [40 SCRA 197 at 218-219]
“ Obtaining DNA samples from an accused in a criminal case or from the respondent in a paternity case, contrary to the
belief of respondent in this action, will not violate the right against self-incrimination. This privilege applies only to evidence
that is “communicative” in essence taken under duress (People vs. Olvis, 154 SCRA 513, 1987) The Supreme Court has ruled
that the right against self-incrimination is just a prohibition on the use of physical or moral compulsion to extort
communication (testimonial evidence) from a defendant, not an exclusion of evidence taken from his body when it may be
material”.

-“We are of the view that where a person is biologically or naturally intersex the determining factor in his
gender classification would be what the individual, having reached the age of majority, with good reason
thinks of his ‘ her sex. Respondent here thinks of himself as a male and considering that his body produces
high levels of male hormones (androgen) there is preponderant biological support for considering him as
being male. Sexual development in cases of intersex persons makes the gender classification at birth
inconclusive. It is at maturity that the gender of such persons is fixed.”

The Writ of Habeas Corpus for Reynaldo de Villa. [G.R. No. 150224, 19 May 2004, 428 SCRA 504]
In De Villa, the convict-petitioner presented DNA results to prove that he is not the father of the child conceived at the time
of the commission of the rape. The Court ruled that a difference between the DNA profile of the convict-petitioner and the
DNA profile of the victim’s child does not preclude the convict-petitioner’s commission of rape.
En Banc, Per Curiam, People v. Vallejo, G.R. No. 144656, May 9, 2002).
DNA Testing.
The purpose of DNA testing is to ascertain whether an association exists between the evidence sample and
the reference sample. The samples collected are subjected to various chemical processes to establish their
profile.

3 possible results:
1. Exclusion
2. Inconclusive
3. inclusion

Conditions caused by various forms of CAH:

1. ambiguous genitalia, in some females, such that it can be initially
difficult to determine sex (severe 21-hydroxylase deficiency)
2. vomiting due to salt-wasting leading to dehydration and death
3. early pubic hair and rapid growth in childhood
4. precocious puberty or failure of puberty to occur (sexual infantilism;
absent or delayed puberty)
5. excessive facial hair, virilization, and / or menstrual irregularity in
adolescence
6. infertility due to anovulation
7. hypertension
G.R. No. 166676 Republic of the Philippines vs Jennifer Cagandahan, Sept. 12, 2008. Quisumbing,
Morales, Tinga, Velasco Jr, Brion.
“We are of the view that where a person is biologically or naturally intersex the determining factor in his
gender classification would be what the individual, having reached the age of majority, with good reason
thinks of his ‘ her sex. Respondent here thinks of himself as a male and considering that his body produces
high levels of male hormones (androgen) there is preponderant biological support for considering him as
being male. Sexual development in cases of intersex persons makes the gender classification at birth
inconclusive. It is at maturity that the gender of such persons is fixed.”
“Respondent here has simply let nature take its course and has not taken unnatural steps to arrest or interfere
with what he was born with. And accordingly, he has already ordered his life to that of a male. Respondent
could have undergone treatment and taken steps, like taking lifelong medication, to force the body into the
categorical mold of a female but he did not. He chose not to do so. Nature has instead taken its due course in
respondent’s development to reveal more fully his male characteristics.”

Blood groupings cannot establish paternity, but they can exclude paternity.
Blood Pattern Analysis- drops of blood tell height and angle from which the blood fell.

IV. ASPECTS ON DEATH

With the passage of the Organ Donation Act of 1991 (RA No. 349 as amended by RA 1056), it has paved
the way to the legal recognition of 2 types of death.
1. Cardio-respiratory Death- defined as the continuous, persistent, irreversible

cessation of heart action and breathing.

- cessation is recognized by appropriate clinical
examination

2. Brain Death- defines as irreversible cessation of all functions of the brain,

including the brainstem

Changes in the Body Following Death.

1. Muscular changes:
2. Blood Changes
3. Autolytic / Autodigestion Changes After Death.
4. Putrefaction of the Body
5. Adipocere Formation
6. Maceration

V. INVESTIGATION OF DEATH

Crime Scene Investigation:

- Conducted by Scene of the Crime Operation (SOCO) Team of the PNP. Usually members of the team
includes: forensic specialist, police investigator/ team leader, fingerprint expert, photographer, chemist,
firearms examiner, measurer / sketcher, evidence custodian.

Consent for Autopsy- is given by the following in the following order:

1. spouse
2. descendants of the nearest degree (the oldest shall be preferred)
3. ascendants of the nearest degree (paternal shall have a better right)
4. brothers and sisters (the oldest shall be preferred)

Under Philippine laws, medicolegal deaths must undergo mandatory autopsy. No consent is required for the
autopsy although the next-of-kin is informed of this requirement and the signed consent obtained is a matter
of courtesy. The death certificate cannot be completed without the autopsy. If relatives refuse to cooperate,
the death certificate is merely filled up putting as the cause of death “undetermined”. In effect, it is as if no
death certificate has been issued because legally the body cannot be buried without a cause of death.
“Property Right” over the body- in cases of medicolegal autopsy, the dead belongs to the state for the
protection of public interest until such time as a complete and thorough investigation into the circumstances
surrounding the death and the cause thereof be completed. The physician tasked to perform the autopsy is
considered to be the authoritative agent and representative of the state who has the “property right” of the
dead body.

Who shall authorize an autopsy?

1. As required by special law
2. Order of a competent court, mayor or fiscal
3. Written request by police authorities
4. Solicitor General
5. Nearest kin in writing to ascertain the cause of death

Determining the time of death in autopsy:

1. Digestion of food- all digestion processes cease at the time of death. A Forensic expert can judge the time
of death by looking at how far the food in the stomach has moved. Food begins to empty from the stomach
and into the intestines 10 minutes after eating a meal. Light meals may take up to 2 hours to empty from the
stomach, whereas a large meal may require up to 6 hours. Liquids move faster; vegetables may require more
time for gastric digestion.
2. Potassium eye fluid test- measures the level of potassium in the eye fluid. In life, there is a small amount;
however, after death the red blood cells break down and the potassium in them enters the vitreous fluid at a
predictable rate. This test is unaffected by temperature.
3. Forensic entomology- determine the time of death by studying the stages of life the insects that inhabit the
body are in. Entomologists know which insects are generally the first to arrive, and at what stages of
decomposition that other insects will begin to arrive.
4. Putrefaction- is due to the action of bacteria on the dead tissue. The major source is saprophytic bacteria in
the gastrointestinal system that spread throughout the body. The time of death indicators abound in
putrefaction, but they are all extremely variable due mainly to temperature.

Manners of death that should be autopsied:

1. Death by violence
2. Accidental death
3. Suicides
4. Sudden death of healthy persons
5. Death unattended by physicians
6. Death in hospitals or clinics (Dead On Arrival)
7. Death occurring in unnatural manner

Wrongful / Unlawful Autopsy- autopsy done on the wrong cadaver. The award for damages is not on
account of the mutilation of the deceased body but for the injury to the feelings and mental suffering of the
living because of the illegal act.
VI- CAUSE OF DEATH

MEDICOLEGAL CLASSIFICATION OF CAUSES OF DEATH.

1. Natural Death-
2. Violent Death
A) Accidental Death
B) Negligent Death
C) Suicidal Death
D) Parricidal Death
E) Infanticidal Death
F)Murder- killing a person under the following circumstances:
i. with treachery, with the aide of armed men, taking advantage of superior
strength, employing means to weaken the defense
ii.in consideration of a price, reward or promise
iii.by means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a car or locomotive, etc
iv.on occasion of any calamity
v.with evident premeditation
vi.with cruelty or by outraging or scoffing at his person or corpse
vii.not parricide or infanticide
 g.Homocidal Death- intentional killing without justification and does not fall under the definition of
murder, parricide or infanticide
h.Death under Special Circumstances
i. death in a tumultuous affray
ii.death inflicted by husband or wife caught in the act of committing sexual
intercourse with another person; death by any parent on the daughter under 18
years old living with the parents and her seducers

IMPOSSIBLE CRIME- violence done on a dead person. The person inflicting the injury must have no
knowledge that the victim is already dead at the time of infliction. The law still imposes penalty for such act
depending upon the degree of criminality and social danger of the offender.
CRIMINAL LIABILITY- shall be incurred by any person committing a felony although the wrongful act
be different from which he intended. Ex. Violence inflicted on a person suffering from a natural disease only
accelerated the death of the victim.

VII- SPECIAL DEATHS

I. JUDICIAL DEATH
- type of death allowed by the Constitution
- Constitution provides the “cruel and unusual punishment shall not be
inflicted”. Punishment is considered cruel if it involves torture or a
lingering death. Unusual punishment is one considered ancient, not
commonly accepted for the present times.

II. EUTHANASIA / Mercy Killing. (Greek “eu”- easy; “thanalos”- death)

Types of Euthanasia:
- A. Active euthanasia- intentional or deliberate application of the means to shorten the life of a person. It
may be done with or without the consent of a person; it may or may not be physician assisted.
- B. Passive euthanasia- absence of the application of the means to accelerate death but the natural course
of the disease is allowed to have its way to extinguish the life of a person.
- C. Voluntary euthanasia- act of allowing helpless, hopeless patients to exercise the right to die. Death by
lethal injection by doctor as requested by patient. (only lawful in Belgium and the Netherlands on the
terminally or hopelessly ill).
- D. Non-voluntary euthanasia- Using powerful drugs, doctor ends the life of suffering, dying patient who
is comatose. Illegal, but happens discreetly in the interest of compassion.
- E. Indirect euthanasia- when the administration of drugs primarily for pain relief may have the secondary
effect of causing death, as the physician is well aware.

Opinions:
a. A person has complete dominion over his own body. Suicide is not a crime.
b. Principle of Totality- the body is composed of a physical, a mental, and a spiritual component. All three
should exist in harmony for the body to exist. Prolong pain compromises the spiritual aspect. Some
intervention in the form of drugs are given to relieve the pain of the patient; however, doses of such drug
may suppress life prematurely.
Pope Pius XII “allocution” (address) to a group of Anesthesiologists in Nov. 24, 1957, when asked, “Does
the anesthesiologist have the right or is he bound, in all cases of deep unconsciousness, even in those that are
completely hopeless in the opinion of the competent doctor to use modern artificial respiration apparatus
against the will of the family?”.
Pope Pius XII advised: “This is not to be considered euthanasia in any way; that would never be licit. The
interruption of attempts at resuscitation, even when it causes the arrest of circulation, is not more than an
indirect cause of the cessation of life, and we must apply in this case the Principle of Double Effect.”
d. . there is human dignity in an autonomous rational being. As such, we are
bound to preserve our life. A terminally ill patient in a vegetative state
is no longer an autonomous being with self-regulating will. Hence, by
Kantian principles, our duty to preserve life no longer holds.

f.. once legalized, physician assisted suicide and euthanasia would become
routine. Over time, doctors would become comfortable to give
injections and end life. Doctors who end patient’s lives would no longer
bear the burden of having to prove the appropriateness of their action.

In a landmark decision last December 2001, the courts ruled that “being tired
of life” or “mental fatigue” did not constitute unbearable suffering.

House Bill No. 4548 (sponsored by Cong. Edgar Avila)- An Act Legalizing Euthanasia in Certain Cases
(Voluntary or Passive Euthanasia)

III. SUICIDE
- direct, conscious, intentional act of self-destruction.
- Most victims have experienced depression of long duration prior to dying
- Evidences that will infer death is suicidal:
a. history of depression, unresolved problem or mental disease
b. previous attempts
c. wounds are located in areas accessible to the hand, vital parts of the body and usually solitary
d. effects of the act of self-destruction are found in the body of the victim:
IV. STARVATION
- deprivation of a regular and constant supply of food and water which is necessary to normal health of a
person.
- Body without food loses 1/24th of its weight daily; a loss of 40% of the weight results to death.
- Without food and water a person cannot survive more than 10 days; with water alone he may survive for
50 to 60 days

VIII- DISPOSAL OF DEAD BODY

Persons charged with the duty of burial:

1. Surviving spouse
2. Nearest kin (descendants; ascendants; brothers/ sisters)
3. Executor in a will
4. Municipal / local authorities

Certificate of Death
- Except in emergency cases, no dead body shall be buried without a certificate of death
- Issued by (in order of priority): attending physician

Local health physician

Any physician
(municipal mayor)
(municipal secretary)
(councilor)

Donation of Human Body Parts.

- Organ Donation Act of 1991 (RA No. 349 as amended by RA 1056), passed during the administration of
Pres. Corazon Aquino.
- Legalizes permission to use human organs or portions of the human body for medical, surgical or scientific
purposes.
- Who may execute a legacy or donation of an organ for transplant?
a) any individual at least 18 years of age and of sound mind. For minors, ones donation must be
accompanied by a signed consent of the parents.
b) may be made by the next-of-kin immediately before or after the death of the person concerned.

- It shall be illegal to detach any organ or portion of the body of a person dying of a dangerous
communicable disease even if such organ or parts shall be used for medical or scientific purposes.

IX. PHYSICAL INJURY

Classification of Wounds:
1. As to Severity:
a. Mortal Wound- wound capable of causing death immediately after infliction (ex. wounds to the heart, big
blood vessels, lungs, brain, etc)
b. Non-mortal wound- wound not capable of producing death immediately after infliction (ex. wound on
the hand, feet, ears, etc)

Legal ClassificatiOn of Injuries:

a. Mutilation- an act of looping or cutting off any part or parts of the Body. Art. 262 of the Revised Penal
Code defines the crime as “… ANy person who shall intentionally mutilate another by depriving him, either
totally or partially, of some essential organ for reproduction.
MAyhem- the unlawful and violent deprival of another the use of a part of the
body other than the organ of reproduction. Mutilation = mayhem. If such injury is not intentional, this is
classified as Physical Injury.
Vasectomy and Tubal Ligation are not mutilation.

b.Slight Physical Injuries (Art. 266)- incapacitates the offended party for labor
from one to nine days.
-requires medical attendance for one to nine days.
-may not prevent the offended party from work nor
require medical certificate
-illtreat another by deed without causing injury
c.Less Serious Physical Injury (Art. 265)- period of medical attendance or
period of incapacity of ten days or more but not more than thirty days.
d. Serious Physical Injury (Art 263)- injured person shall become insane,
imbecile, impotent or blind
Presidential Decree No. 169
The attending physician of any hospital, medical clinic, sanitarium or other medical establishments, or any
medical practitioner, who has treated any person for serious or less serious physical injuries as those injuries
defined in Article 262, 263, 264 and 265 of the RPC shall report the fact of such treatment personally or by
the fastest means of communication to the nearest police unit without delay.

X . INVESTIGATION OF WOUNDS

Investigation of the Surroundings:

- Examination of the crime site
- Examination of the clothings and other foreign bodies found in the scene
- Investigation of the witnesses
- Examination of the wounding instrument

Determine whether wound is mortal or not

- Determine whether wound will produce complications
Hemorrhage (Bleeding)
Shock (decrease in blood pressure)
Infection
Embolism (fat, blood clots, or air being trapped in blood vessels elsewhere
in the body)
Deformity
- Determine if wound is ante-mortem (incurred before death) or post-mortem (incurred after death)

Ante-mortem Post-mortem

XI INJURIES IN DIFFERENT PARTS OF THE BODY