Doña Remedios Trinidad Romualdez Medical Foundation

Calanipawan Road, Tacloban City

College of Medicine

Med324: Legal Medicine and Medical Jurisprudence

LEGAL MEDICINE BY PEDRO R. SOLIS, MD, LL.B.

CHAPTER 3: Medico-Legal Aspects of Identification

Submitted to:
ROMMEL D. CAPUNGCOL, RN, MD, JD, FICS, MPA, MHA, CLC

Submitted by: 
GROUP 3 

Margallo, Janelle Mae Narrido, Joanna Joy

Obejas, Kristoffer Filemon Pedrosa, Ma. Reina Diana
Aliposa, Esther Janne Ruales, Jennifer
Chu, Maria Carmelita Timbal, Dane Michael
Abah, Razhida Naz Tiu, Alfred
Aleluya, Mark Kevin Tomenio, Aldwin
Artugue, Val Junie Ubani, Alvin Kim
Balderian, Alvin James Unay, Monique
Borja, Anthony Louise Urmeneta, Ian von Clifford
Chua, Dafleigh Domnique Verano, Joyce Vergil
Moomtaz-Ahmad, Ayesha Sharmaine

February 6, 2023
Chapter 3: Medico-legal Aspects of Identification

Definition: Identification is the determination of the individuality of a person or a thing.

Why is identification important?
1. In prosecution of criminal offense, if perpetrator is not identified, it may be grounds for
dismissal of charge
2. ID of a missing person or dead is needed before the heirs will be able to exercise their
rights on the properties of the identified person.
3. ID resolves anxiety of relatives and friends re the whereabouts and as to what happened
to the victim
4. ID is needed for certain transactions which involve the victim
Rules in Personal Identification:
1. Law of Multiplicity of Evidence 
 Basically, 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.
2. The value of the different points of identification varies in the formulation of conclusion.
 In a fresh cadaver, if the fingerprints on file are the same as those recovered
from the crime scene, they will positively establish the identity of the person
while bodily marks, like moles, scars, complexion, shape of nose, etc. are merely
corroborative. Visual recognition by relative or friends may be of lesser value as
compared with fingerprints or dental comparison.
3. The longer the interval between the death and the examination of the remains for
purposes of identification, the greater is the need for experts in establishing identity.
 The process of taking fingerprints and its examination under a magnifying lens
requires the services of an expert. When putrefaction has set in, the external
bodily marks useful in identification might be destroyed so that it is necessary to
resort to an anatomical or a structural examination of the body which requires
knowledge of medicine' and dentistry.
 4. In as much as the object to be identified is highly perishable, it is necessary for the team
to act in the shortest possible time especially in cases of mass disaster.
5. There is no rigid rule to be observed in the procedure of identification of persons.
Methods of Identification
1. By comparison
 Identification criteria recovered during investigation are compared with records
available in the file, or postmortem findings are compared with ante-mortem
records.
2. 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
Identification of Persons
The basis of human identification may be classified as:
1. Those which laymen used to prove identity – no special training or skill is required of the
identifier and no instrument or procedure is demanded
2. Those which are based on scientific knowledge – identification is made by trained men,
well-seasoned by experience and observation, and primarily based on comparison or
exclusion.
Ordinary Methods of Identification
1. Points of Identification Applicable to the living Person only
a. Characteristics which may easily be changed such as growth of hair, beard or
mustache, clothing, frequent place of visit, grade of profession body ornamentations
b. Characteristics that may not easily be changed such as mental memory, speech and
gait
2. Points of identification applicable to both living and dead before the onset of
decomposition:
a. Occupational Marks
 i. Examples are people who are in hard labor may develop callosities on the palms
and fingers.
ii. Painters have stains on the hands and fingernails.
iii. A dressmaker develops multiple puncture marks on fingertips.
b.  Race
i. Color of the skin
ii. Feature of the face
iii. Shape of the skull
c.  Stature
i. A person ceases to increase in height after the age of 25
3. Extrinsic Factors in Identification such as 
a. Ornamentation: Rings, bracelet, earrings etc.
b. Personal belongings: Letters, wallet, driver’s license etc.
c. Wearing apparel: Tailor marks, laundry mark, printed name, shoes etc.
4. Light Factors in Identification:
a. Identification of an individual at a certain distance is possible depending on the light
source:
1. Broad daylight: Best identified at 100 yards
2. Clearest moon/starlight: Best identified at 16 yards and 12 yards
respectively
3. Flash of firearm: 2 feet/hardly reliable
4. Artificial light: Identification is relative to kind and intensity of light
SCIENTIFIC METHODS OF IDENTIFICATION: (a. fingerprint, b. dental, c. handwriting, d. skeleton,
e. sex, f. age, g. blood and blood stains, h. hair and fibers)
Dental Identification:
Role of Teeth in Human and its Importance in Identification
1. The probability of 2 persons having the same dentition is slim. An adult has 32 teeth and
each one has five surfaces. Some teeth may be missing, with filling materials, such as
silver amalgam which consist of mercury, composite material such as plastic and resin or
 ceramic, created using porcelain etc., which leads to several combinations with an
almost infinite number of dental characteristics.
2. The hardest substance of the human body is the enamel of the teeth which can outlast
all other tissues during decomposition or physical destruction
3. After death, the greater the degree of tissue destruction, the greater is the importance
of dental characteristics as a means of identification. 
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

Presidential Decree No. 1575 was enacted by the late president Ferdinand E. Marcos, done in
the city of Manila on June 11, 1978,  which requires practitioners of dentistry to keep dental
records of their patients for the purpose of identification of a person which may be used as
legal basis in court or other situations that may warrant its use.

Causes of Unreliability of the Dental Records:

1. The dentist may only concern himself with the affected teeth in the course of diagnosis
and treatment.
2. There may be no uniformity in nomenclature of the location and condition in the
charting of teeth
3. The law does not mention the agency which will enforce the acquisition of dental
records.
4. The dentist may have a record but may no longer be reliable on account of the lapse of
time.

Purpose of uniformity: Description of location for dental identification:

1. Teeth position
2. Surface(occlosal, mesial, distal, buccal, lingual)
3. Restoration
4. Prosthesis
 5. Root canal treatment

Other Aspects of Identification Which May Be Reflected in Dentition:

1. Personal, occupational and cultural traits
2. Age
3. Sex

HANDWRITING:
A person may be identified through his handwriting, handprinting and handnumbering. 

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. 

Proving genuineness of handwriting:

1. Acknowledgement of the alleged writer that he wrote it
2. Statement of witness who saw the writing made and is able to identify it as such
3. Opinion of persons who are familiar with the handwriting of the alleged writer.
4. Opinion of an expert who compares the questioned writing with that of other writings
which are admitted or treated to be genuine.

Sec. 44, Rule 130, Rules of Court — Opinion of ordinary witnesses: in order for an ordinary
witness to qualify, he/she must show familiarity with the handwriting of the person in  a way
recognized by law.
Some Practical Uses of Handwriting Examination
1. Financial crimes
2. Death investigation
3. Robberies
4. Kidnapping
5. Anonymous threatening letters
6. Falsification of documents

Bibliotics - science of handwriting analysis

Bibliotist - handwriting expert
Graphology - study if handwriting for the purpose of determining the writer’s personality,
character and aptitude
Handwriting - complex interaction of nerves, memory and muscular movement
 influenced by several factors and may be changed or modified during the life-span of a
person
Factors that influence a person’s handwriting:
1. Worry
2. Anxiety
3. Anger 
4. Feeling of insecurity
5. Age 
6. Drunkenness
Movements of writing
1. Finger movement - found among children, illiterates and those who are unfamiliar
2. Hand movement - Most of the illegible, scratchy and angular writings of women
3. Arm movement - Many of the good writings are written in this manner. There is more   
speed, rhythm and freedom in this way of writing
4. Whole arm movement 
Determining the Form, Style, and Characteristic of Handwriting:
1. Primary Factor
2. Secondary Factors
a. Position of the writer
b. Temporary physical or psychological disturbances
c. External temporary variables - ex: bad lighting, irregular surface
d. Physical and chemical factors
i. Writing instrument
ii. Paper
iii. Ink

Instruments Necessary in Questioned Document Examination

1. Photographic instruments -  primarily used to view writing in sufficient magnification
2. Magnifying lens
3. Ultraviolet lamp and infrared radiation
4. Measuring caliper
5. Good lighting

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.  

Types of standard handwriting:

1. Collected standards (procured) - handwriting by the person who is suspected to have
written the questioned document
 Found in private of public records or other possible sources
 2. Requested standard - acquired upon request of the examiner

Physical Methods of Disguising Handwriting

a. Changing the direction of the slant
b. By increasing or decreasing the speed in writing
c. By deliberate carelessness
d. By making the letters unusually large or small
e. The forger may use the left hand instead of the right hand.
f. Hand printing may be substituted for script

Characteristics of Disguised Writing

a. Inconsistent slant 
b. Inconsistent letter formation 
c. Change 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 

Signature forgery - most common activity of a questioned document examiner

 such signature may be found in checks, deeds of conveyance, anonymous letters,
receipts, etc

Classification of Signature Forgery:

a. Traced
b. Simulated
c. Spurious
IDENTIFICATION OF THE SKELETON:
Points to consider in the examination of bones:
1. Whether the remains are of human origin or not. 
The shape, size and general nature of the remains, especially that of the head, must be 
studied
2. Whether the remains belong to a single person or not. 
 complete lay-out of the whole bones found and placing each of them on their
corresponding places in the human body will be helpful
 any plurality or excess of the bones after a complete lay-out denotes that the remains
belong to more than one person
3. Height
a. Actual measurement of the skeleton
b. Pearson’s Formula -  for reconstruction of the living stature of long bones
c. Stature frome bone
i. Dupertuis and Hadden's General Formulae - Reconstruction of Stature From Lengths of
Dry Long Bones Without Cartilage 
ii. Topinard and Rollet - determination of the height for males and females
iii.  Humphrey's Table - table of the different height of bones for different ages and their
corresponding statures
iv. Lacassagne - coefficient for the determination of height
v. Manouvrier - formulae based on length of tibia, fibula, radius and ulna for the
determination of height
vi. Estimations of Total Foetal Length from One or More Bones
4. Sex. 
The following bones must be studied:
A Pelvis, B. Skull, C. Sternum, D. Femur, E Humerus
Differences Between a Male and a Female Pelvis

MALE FEMALE
 1. Heavier construction, wall more 1. Lighter construction wall less
pronounced.  pronounced.
2. Height greater and flays off its wall more 2. Height lesser and flays off its wall less
pronounced.  pronounced. 
3. Pubic arch narrow and less round.  3. Pubic arch wider and rounder. 
4. Diameter of the true pelvis less.  4. Diameter of the true pelvis greater. 
5. Curve of the iliac crest reaches a higher 5. Curve of the iliac crest is of the lower
level.  level.
6. Narrow greater sciatic notch.  6. Wide greater sciatic notch. 
7. Body of the pubis narrow.  7. Body of the pubis wider. 
8. Iliopectineal line sharp.  8. Iliopectineal line rounded. 
9. Obturator foramen egg shaped.  9. Obturator foramen triangular. 
10. Sacrum short and narrow 10. Sacrum long and wide.

5. Race. 
Points may be used in determining the race in the remains of a person
A. Extrinsic Factors: 
1. Color of the skin 
2. Facial features 
3. Nature of the hair 
4. Mode of dressing 
6. Age. 
Aside from the size of the bones and dental examination, the age of the person to
whom the skeleton belongs may be determined by:
a. Appearance of the ossification centers
b. Union of bones and epiphyses
c. Dental identification
 d. Obliteration of cranial sutures
7. Length of interment or length of time from date of death. 
 Determination of the Duration of Interment:
The period from the time of death up to the time of examination may be
determined by the nature and presence of the soft tissues and the degree of erosion of
the bones.
 The Bases of the Estimate for Duration of Interment: 
1. Presence or absence of soft tissues still adherent to the bones
2. Firmness and weight, brittleness, dryness of the bones.  
3. The degree of erosion of the surface of the bones
4. The changes in the clothings, coffin, and painting

8. Presence or absence of ante-mortem or post-mortem bone injuries. 

 Determination of the Presence or Absence of Ante-Mortem or Postmortem Injuries
1. Individual bones must be examined in detail.
2. Superimposed Photography - a special method of determining the person to
whom the skull belongs
9. Congenital deformities and acquired injuries on hard tissues causing permanent deformities
Determination of Sex: 
·       Legal importance of Sex Determination: 
o   As an aid in identification 
o   To determine whether an individual can exercise certain obligations vested by the
law. 
o   Marriage or the union of a man and a woman. 
o   Rights granted by the law are different to different sexes. 
o   Crimes wherein a specific sex can only be the offender or victim. 
·       Tests to determine the Sex: 
o   Social test: 
 §  Dress, hair-style, general body shape may provide an immediate and
accurate answer to the vast majority of cases. 
o   Genital test: 
§  Presence of penis indicates male, while its absence and the presence of a
vaginal opening indicates female. 
o   Gonadal test: 
§  Presence of testes in male and ovaries in females. May involve exploration
of the abdomen or histologic examination. 
o   Chromosomal test: 
§  Presence of Barr bodies from stained cells may indicate female. A barr
body is an inactive X chromosome in a cell with more than one X
chromosome. 
·       Problems in Sex Determination: 
o   Gonadal agenesis  
§  the sex organs have never developed. 
o   True hermaphrodism 
§  gonads of both sexes are present which are separated or combined as
ovotestis. 
·       Evidence of Sex: 
o   Presumptive evidence: 
§  General features and contour of face 
§  Presence or absence of hair in some parts of the body. 
§  Length of the scalp hair. Generally, females have longer hair than males. 
§  Clothes and other wearing apparel, with exemptions to transvestites. 
§  Figure 
·       females have prominent pelvis, while those of the males are
slender. 
§  Habit or inclination 
 §  Voice and manner of speech. 
o   Highly probable evidences of sex: 
§  vagina, uterus and accessories in female, and penis in male 
§  developed and large breasts in female 
§  muscular development and distribution of fat in the body 
§  Conclusive evidence: 
§  Presence of ovary in female and testis in males. 
·       Evidence of Sex in Mutilated or Decomposed Body: 
o   General physical and muscular development. 
o   Hairiness of the scalp, face, chest, pubes and other parts of the body. 
o   Prominence of the Adam's apple. 
o   Amount of subcutaneous fat in specific parts of the body. 
o   Presence of linea albicantes, enlarged nipple, cutex in fingernails and lipstick or
coloring materials. 
o   Presence of prostate gland in male or uterus and ovary in female. If in doubt, a
microscopic examination must be made on the suspicious ovarian or testicular
tissue. 
THE IMPORANT DISTINGUISHING PRESUMPTIVE CHARACTERS BETWEEN TWO SEXES ARE AS
FOLLOWS:
FEMALE MALE
Hips are broader in relation to shoulders Shoulders are broader than hips 
Generally smaller build  Larger build 
Developed breasts  Generally not developed, very rarely and may
be developed in cases like gynecomastia 
Adam's apple (Thyroid cartilage) not Adam's apple prominent
prominent 
Striae present on breasts, abdomen and Striae absent 
buttocks in ladies who have children 
Pubic hair straight and stop short above the Pubic hair thick, curved upward extending up
 monsvernis to umbilicus
Hair is absent on face abdomen and chest Hair present on chest and face moustaches
beard
Female skull is smaller, lighter, and has thin Male skull is longer, heavier and of thick
bones and smooth bones
Trunk abdominal segment is larger Trunk abdominal segment smaller
Thigh is conical Thighs cylindrical

Determination of Age:
·       Legal Importance of Determination of Age: 
o As an aid to identification Determination of criminal liability
 Determination of right of suffrage
 Determination whether a person can exercise civil rights 
 Determination of the capacity to contract marriage 
o As requisite to certain crimes: 
 Rape 
 Infanticide
 Seductions
 Consented abduction 
·       Determination of the Age of the Fetus: 
o   Application of the Hess's Rule or Haase's Rule 
o   For fetus of less than 25 cm. long (Crown-feet length)-Get the square root of the
length in centimeter and the result is the age of the fetus in months. 
o   For fetus 25 centimeters or more-Divide the length of the fetus by 5, and the
result is the age in month. 
o   The age referred to in this rule is lunar month, not calendar month. One lunar
month is equivalent to 28 days. 
o   Examination of the product of conception 
·       Age Determination During Infancy: 
 o   Age based on height or weight 
o   Physical characteristics of infant 
·       Age Determination in Childhood and Adulthood: 
o   Age based on the eruption of teeth 
o   Temporary (deciduous or milk) teeth 
o   Permanent teeth 
o   Appearance of ossification centers 
o   Union of epiphysis with shaft of bones 
o   Obliteration of cranial sutures 
·       Other Points to Consider in the Determination of Age: 
 Growth of pubic hair, beard and mustache 
o pubic hair begins to appear at the age of 13 in female and 14 in male 
 Changes of the breast in female 
o development of the breast in female commences at the age of 13 to 14 
 Development of the voice 
o Males become low pitch while females become high pitch 
 Changes in color of the hair 
 Grade or year in school or college 
 Menstruation in women 
o usually begins at the age of 12 but it may start at an earlier age in warm
countries 
 Degree of mental development. 
 Manner of dressing, self-beautification and social life. 
 Atheromatous changes of blood vessels, opacity of the lens and cornea (arcus senilis). 
 Wrinkling of the skin usually appears after forty. 
 
12. Identification of blood and blood stains: 
·       Legal importance of the study of blood 
o   For disputed parentage 
 o   Circumstantial or corroborative evidence against or in favor of perpetrator of a
crime 
o   Determination of the: 
§  cause of death 
§  direction of escape of victim and assailant
§  approximate time the crime was committed 
§  place of commission of the crime 
§  presence of certain diseases 
o   Problems to be answered: 
§  Is the stain due to blood? 
§  Human origin or not? 
§  Is it from the person in question? 
§  Manner, degree and condition of the article which have been stained 
§  Age of stain 
o   Examination of blood 
Physical Examination  Chemical Examination  Microscopic Examination 
·   Solubility test  ·  Saline extract of the ·    Note the presence of
·   Heat test  blood stain plus rbc, wbc, epithelial cells
·   Luminescence test  ammonia and microorganism 
  ·  Benzidine test   
·  Guaiacum test 
·  Phenolphthalein test
· Leucomalachite green
test 
 

Identification of hair and fibers: 

·     Begin with the determination of its color. 
 ·    Addition of certain substances that can coat the outer surface of the hair or fiber, or
substances containing bleach can change the natural color of the fiber or hair. 

·    Different types of fibers have different types of textures, microscopic structure and
reaction to chemicals. 

·     Subjecting the fibers to different tests can help identify what type of fabric it is. 
·     Once the type of fiber is identified, determine the origin of the fabric if it is a vegetable
or animal fiber. 
·     There are multiple tests that can be used. If the fiber is of animal origin, determine if it is
human hair or of other animals. 
·    Upon further examination of the hair, it can be determined if the hair was forcibly
extracted or naturally shed, if the hair was dyed, or if the hair belonged to a male or
female. 

·     The texture of the hair can give a clue on its origin in the body. Estimation on age can
also be made. 

·     Types of fibers under the microscope:

Figure 1. Cotton fiber Figure 2. Hemp Fiber

Figure 3. Flax Fiber Figure 4. Jute Fiber

Figure 5. Abaca Fiber