QUIRINO STATE

UNIVERSITY
CABARROGUIS CAMPUS
COLLEGE OF CRIMINOLOGY

LEGAL MEDICINE MODULE

 QUIRINO STATE UNIVERSITY
Mangandingay Cabarroguis Campus
College of CRIMINOLOGY

LEGAL MEDICINE

Course Title: Specialized Crime Investigation 1 w/ Legal Medicine

No. Of Units: 3 units

Course Description:

Legal Medicine is a branch of medicine which deals with the

application of medical knowledge to the purposes of law and in the
administration of justice. It is the application of basic and clinical,
medical and paramedical sciences to elucidate legal matters.
According to the Rules of Court (Sec. 5, Rule 138) Medical
Jurisprudence is one of the subjects in the law course before
admission to the bar examination. This is based on the original
concept but actually it must be the study of legal medicine as it
was the intention and practice in the past.
The scope of legal medicine is quite broad and
encompassing. It is the application of medical and paramedical
sciences as demanded by law and administration of justice. The
knowledge of the nature and extent of wounds has been acquired
in surgery, abortion in gynecology, sudden death and effects of
trauma in pathology, etc. aside from having knowledge of the
basic medical sciences, like anatomy, physiology, biochemistry,
physics and other allied sciences.
The subject of Legal Medicine is quite pervasive and
encompassing that a comprehensive treatment is not possible
considering the time allocated to the subject in the undergraduate
courses. What are included herein are some of its basic principles.
Details of specific subject matters may be studied in textbooks of
the different specialties if Medicine.

Textbook Sources: Legal Medicine by Dr. Pedro Solis

Legal Medicine by Dr. Manuel G. Lagonera

TABLE OF CONTENTS

PRELIMS

MODULE I- INTRODUCTION TO LEGAL MEDICINE

 Legal Medicine
 History of Legal Medicine
 Definition of terms
 Medical Evidence
 Evidence Necessary for Conviction
 Methods of Preserving Evidence
 Activity For MODULE I

MODULE II – MEDICO LEGAL INVESTIGATION

 Miranda Rights
 Origin of Miranda Rights
  Medico Legal Investigation
 Deception Detection Methods
 Methods of Deception
 Lie Detector Test or Polygraph Test
 Procedure in Polygraph Test
 Use of Drugs
 Signs & Symptoms of Guilt
 Activity for MODULE II

MODULE III – IDENTIFICATION OF PERSONS &

MATERIALS

 Identification
 Rule in Personal Identification
 Law of Multiplicity
 Points to consider in Identifying a Person
 Basis for Bertillon System
 Examination of Skeleton
 Difference Between Male & Female Pelvis
 Scientific methods of Identification
 Practical Uses of Fingerprints
 Determination of Age
o Age of Fetus
o Age of Childhood & Adulthood
 Examination of product of conception
 Identification & Determination of Blood
 Physical Examination of Stained Materials
 Test for Blood
 Interpretation of Blood Type Result
 Activity for MODULE III

MIDTERMS

MODULE 4- MEDICO LEGAL ASPECT OF DEATH

 Death
  Importance of Death
 Kinds of Death
 Methods of Detecting Stoppage of Heart Action & Circulation
 Steps of Muscular Death
 Changes in Blood after Death
 Putrefaction
 Basis in Estimating the Time of Death
 Presumption of Death
 Activity for MODULE 4


MODULE 5- CAUSES OF DEATH, SPECIAL DEATHS

 Classification as to the cause of Death

 Classification of Physical Injuries
 Violent Deaths
 Special Death
o -Deaths Under Special Circumstances
o -Methods of Suicidal Death
- Death from Starvation
 Methods of Disposal of Dead Bodies
 Activity for MODUE 5

MODULE 6- PHYSICAL INJURIES

 Physical Injuries
 Classification of Wounds
o -As to Severity
o -As to manner of infliction
o -As to Kind Of Instrument Used
o -As to Depth of Wound
o -As to Relation of site of application of force & location
 Of injury
o -As to types of Wounds
 Special Types of wounds
 Legal Classification of Physical Injury
 Activity for MODULE 6
 SEMIFNALS

MODULE 7 –GUNSHOT & SHRAPNEL WOUNDS

 Firearms
 Characteristics of Wound Entrance
 Characteristics of Wound Exit
 Determination whether gunshot wound is Suicidal, Homicidal
o Or Accidental
 Explosive Materials
 The ODD and EVEN Rule in Gunshot Wounds
 Activity for MODULE 7

MODULE 8- Injuries & Deaths due to Extreme of Temperatures

 Effect of Cold Temperature

 Local Effects of Cold Temperature
 Effects of Heat in the Body
 Generalized or Systemic Effects of Heat
 Local Effects of Heat
 Classification of Burns
 Life Imprisonment Vs. Reclusion Perpetua
 Activity for MODULE 8

MODULE 9- INJURIES & DEATHS DUE TO ELECTRICITY

 Domestic Voltage
 Industrial Voltage
 Injuries & Deaths due to Exposure to Extremes in Atmospheric
Pressure
o -Effects on Increased Atmospheric Pressure
o -Effects of Decreased Atmospheric Pressure
 Activity for MODULE 9
 FINALS

MODULE 10- DEATHS FOR ASPHYXIA

 Asphyxia
 Stages of Asphyxial Death
 Classification of Asphyxia
- Asphyxia by Hanging
 Evidence to Support Homicidal Hanging
 Evidence to Support Suicidal Hanging
- Asphyxia by Strangulation
 Causes of death in Ligature strangulation
 Special Forms of Strangulation
Activity for MODULE 10

MODULE 11- ALCOHOLISM

 Alcoholism
 Degree of Intoxication
 Evidence of Drunkenness
 Test for Alcoholic
 Physical Test to Determine Drunkeness
 Activity for MODULE 11

MODULE 12- SEX CRIMES & DEVIATION

  Sex Crimes & Deviation
 Kinds of virginity
 Parts of Female Anatomy w/c maybe considered in determination of
virginity
 Republict Act no. 8353
 Other Sex Crimes
-Seduction
-Acts of Lasciviousness
-Abduction
-Adultery & Concubinage
-Prostitutes
-Sexual Deviations

MODULE I- INTRODUCTION TO LEGAL MEDICINE

INTRODUCTION TO LEGAL MEDICINE

LEGAL MEDICINE- An area of medicine applying medical facts for the devotion of
law and giving out fairness and justice.

Definition of Terms

1. LAW- rule of conduct or behavior, mandatory, compulsory & obligatory to all

enforced by legal power for common observance and benefit.
Lex Scripta- otherwise known as Written Law w/c are written &
created by our country’s legislators.
Lex Non Scripta- otherwise known as Unwritten Law or Common Law
based on old traditions, customs & usages.
2. Medicine- Division of science that deals w/ the prevention, diagnosis,
anticipation, treatment of diseases. It restores health and save lives.
3. Science- an organized body of knowledge dealing with facts & truths.
4. Forensics- It denotes anything belonging to the court of law or used in court
or legal proceedings or something fitted foe legal or public argumentations.
5. Jurisprudence- Studies the foundation, development & functions of Law. It
interprets law and apply them to cases.

Supreme Court- is the highest court in the Philippines & the ultimate & final
authority in settling legal disputes.

6. Principle of Stare Decisis- A principle that when the court has once laid
down a principle of Law or interpretation as applied to all future cases where
the facts as substantially the same.
7. Civil Law- Originated from latin “civile” deals w/ family, property relations &
ownerships, obligations & contracts, damages. E.g Marriage & Separation,
Paternity & Filiation

Paternity- State of being a father

Filiation- Means a child of a certain parent

8. Criminal Law- branch of Law defining crimes and their punishments.

9. Remedial Law- law dealing w/ the rules about pleadings in courts, solutions
& resolving wrongful act .

HISTORY OF LEGAL MEDICINE

 Imhotep- An Egyptian physician recorded the 1st murder court case.

 Hippocrates – Explained the fatality of wounds.

 Antistius- 1st forensic pathologist who autopsied the body of Julius

Caesar.

 Justinian – Physicians are Expert witness & not an ordinary witness.

 Paulus Zacchias- Father of forensic Medicine

  Severin Pineau- Printed studies on virginity & defloration confirming
anatomy of hymen in females.

 Orfila- father of modern toxicology

 1871 ( Philippines) – Legal medicine was 1st included as an

academic subject in UST.

 1895 (Philippines) – 1st medico legal laboratory in Manila was

inaugurated.
 1908(Philippines)- Medical Schools teach Legal medicine.
 1919 (Philippines)- Dr. Sixto delos Santos Angeles as Chief of Dept.
of Legal Medicine and ethics in U.P

 1944 (Philippines) – President Jose P. Laurel created the Bureau of

investigation

 1945 ( Philippines) – Dr. Mariano lara as the chief medical

examiner in the Criminal Investigation laboratory.

 June 15, 1954 (Philippines)- Creation of rural health unit compose

of municipal health officer(Physician), Nurse, midwife & sanitary
inspector.

 Dr.Pedro Solis- Father of forensic Medicine in Philippines.

A. Persons authorized to perform autopsies: (Presidential Decree 856

was promulgated and Sec. 95)

1. Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals

B. Autopsies shall be performed in the following cases:

(Presidential Decree 856 was promulgated and Sec. 95)

1. Whenever required by special laws;

2. Upon order of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities,
4. Whenever the Solicitor General, provincial or city fiscal deem it necessary to
disinter and take possession of the remains for examination to determine the cause
of death;
5. Whenever the nearest kin shall request in writing the authorities concerned to
ascertain the cause of death.

MEDICAL EVIDENCE

Evidence -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).
The rules of evidence shall be the same in all courts and on all trials and
hearings, whether civil or criminal (Sec. 2, Rule 128, Rules of Court).
Evidence is admissible when it is relevant to the issue and is not excluded by
these rules (Sec. 3, Rule 128, Rules of Court).
Evidence must have such a relation to the fact in issue as to induce belief in
its existence or non-existence; therefore, collateral matters shall not be allowed,
except when they tend in any reasonable degree to establish the probability or
improbability of the fact at issue (Sec. 4, Rule 130, Rules of Court).

Types of Medical Evidence:

I. Autoptic or Real Evidence: This is an evidence made known or

addressed to the senses of the court( Sense of sight,hearing, taste,
smell & touched)

Restrictions on Autoptic or Real evidence Presentation

 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.
 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. They may be presented
depending on the sound discretion of the court.

2. Testimonial Evidence:
a. Ordinary Witness-restricted to statements concerning what the witness
actually saw.

Sec. 18, Rule 130, Rules of Court — Witnesses. Their qualification —

Except as provided in the next succeeding section, all persons who, having organs of
sense, can perceive, and perceiving, can make known their perception to others,
may be witnesses. Neither parties nor other persons interested in the outcome of a
case shall be excluded; nor those who have been convicted of crime; nor any person
on account of his opinion on matters of religious belief.
 Sec. 21(c), Rule 130, Rules of Court — Privileged communication —
A person authorized to practice medicine, surgery or obstetrics cannot in a civil case,
without the consent of the patient, be examined as to any information which he may
have acquired in attending such patient in a professional capacity, which information
was necessary to enable him to act in that capacity, and which would blacken the
character of the patient.

Sec. 30, Rule 130, Rules of Court — Testimony generally confined to

personal knowledge — A witness can testify only to those facts which he knows of
his own knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rule.
One of the exceptions to the non-admissibility of hearsay evidence is dying
declaration.
Exceptions to the hearsay rule. Sec. 31, Rule 130, Dying declaration
— The declaration of a dying person, made under a consciousness of an impending
death, may be received in a criminal case wherein his death is the subject of inquiry,
as evidence of the cause and surrounding circumstances of such death.

b. Expert Witness- The opinion of a witness regarding a question of

science, art or trade, when he is skilled therein, may be received in evidence. (Sec.
43, Rule 130, Rules of Court)

The evidence to be presented by the legal medicine expert must signify a realtion
between the facts called the Factum probandum & Factum Probans.

Factum Probandum- refers to the ultimate fact to be proven, or the proposition to

be established. That, which a party wants to prove to the court. E.g.: guilt or
innocence; existence of a breach of contract; existence of an obligation; the fact of
payment; the injury or damage incurred.

Factum Probans -refers to the evidentiary facts by which the factum probandum
will be proved. Examples: the written contract; the promissory note to prove the
existence of an unpaid debt.

(SOURCE: BATASNATIN.COM)

3. Experimental evidence- A medical witness may be permitted to conduct

experiment on laboratory animals to prove his allegations on certain position
he had previously stated in full view of the court.

4. Documentary evidence- A written evidence presented to the court by

the expert witness about the subject matter in dispute.
Medical Documentary Evidence Maybe In The Form Of:

 Medical Certification or Report

a. Physical Exam Report
b. Autopsy report
c. Exhumation report
 d. Death Certificate
e. Birth Certificate

 Medical Expert Opinion- A physician on account of his

training & expertise can give his own opinion on a set of
medical facts.

 Deposition- Is a written record of evidence given oraly and

transcribed in writing form of questions by the interrogation &
the answers of his deponent & signed by the latter.
5.Physical Evidence- These are articles & materials which are necessary in
crime investigation & detection, this will aid in establishing the identities of
criminal & circumsatances surrounding the commission of crime.

o Corpus Delicti Evidence- It means the body of the crime or actual

commission of the crime charged. Examples: Body of the Victim,
Blood staind knife.

o Associate Evidence- These are the evidences which links the suspect
to the commission of the crime. Examples: Weapons used,
Fingerprints, Footprints, Wearing apparent.

o Tracing Evidence- These are the physical evidence which may help in
locating the whereabouts of the perpetrators of the crime. Examples:
Ship manifest, Airlines Manifest

EVIDENCE NECESSARY FOR CONVICTION

1. Direct Evidence- an evidence which proves the fact in dispute without

the aid of any interference or presumption.
2. Circumstantial Evidence- It is a proof of fact or facts from which taken
singly or collectively maybe informed as necessary of probable
consequence.
3. Prima Facie evidence- It is that evidence w/c suffixes for the proof of
a particular fact until contradicted by other evidences.
4. Corroborative Evidence- is evidence that tends to support the
proposition that is already supported by some initial evidence therefore
confirming the proposition.
5. Expert evidence- It is the testimony of the possesing in regards to
particular subject on department of human activity, knowledge not usually
acquired by other persons.
6. Relevant evidence- It is an evidence having any value reason as
tending to prove any matterprobable in action.
Examples of Relevant Evidence
 Defendents fingerprints o the murder weapon
  Defendant was the last person seen with the victim
before her death.
 Defendant was the beneficiary of a large insurance
policy.
 Defendant had previously threatened to kill the victim.
 Defendant disappred the day after the victim died
7. Material Evidence- an evidence which refers to the direction to prove a
fact in issue as determined by the rules of substantial evidence.

. Real evidence, physical evidence, or material evidence is

any material object that plays some role in the matter that gave rise to the
litigation, introduced in a trial, intended to prove a fact in issue based on the
object's demonstrable physical characteristics.

8. Competent evidence- it is an evidence which is not included by the law

in a particular case.

-Legally admissible evidence. Competent evidence tends to prove the

matter in dispute. In a murder trial, for example, competent evidence might
include the murder weapon with the defendant's fingerprints on it.

9. Corpus Delicti- it means the body of the crime or actual commissions of

the crime charged.

-referring to the principle that a crime must have been proven to have
occurred before a person can be convicted of committing that crime.

For example, a person cannot be tried for larceny unless it can be proven that

property has been stolen. Likewise, in order for a person to be tried for arson it must
be proven that a criminal act resulted in the burning of a property.

Methods of Preserving Evidence

1. Photography & Audio- “Visual Recording”

- Photography is the most useful & reliable means of preserving evidence.

Camera is easily available & reproduction is easy.

2. Sketching- rough drawing of the scene or object is done if no scientific

apparatus to preserve evidence is available.

3. Description- it requires keen observation & perception in putting in words

the person or thing to be preserved.

4. Testimony from witness or witnesses

A person who has the power to transmit to others what he has perceived.

5. Special Methods
 o Embalming for human body
o Refrigeration for blood
o Staining for blood & Semen

Proof beyond Reasonable doubt

• In criminal case, the defendant is entitled to an acquittal unless guilt is shown

beyond reasonable doubt.

• Proof beyond a reasonable doubt is the legal standard that the prosecution
must meet in order to successfully find a criminal defendant guilty of a crime.

MODULE 1 ACTIVITY

LEGAL MEDICINE

1. Explain the difference between Legal medicine and Medical

Jurisprudence.

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2. What is the difference between Expert witness & Ordinary

Witness.
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 3. What is the difference between Factum Probandum &
Factum Probans.
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