Professional Documents
Culture Documents
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.
Legal – pertains to law, arising out of, by virtue of or included in law.
HISTORICAL BACKGROUND (Philippines)
• 1858 – the first textbook in Legal Medicine and its practice by Dr. Rafael Genard Y Mas, who
is a Spanish chief army physician was published and is entitled “Manual De Medicina
Domestica.”
• 1871 – legal medicine was included in the curriculum of the college of medicine in the
University of Santo Thomas.
• March 31, 1876 – the “medico titulares” which took charge of public sanitation and medico-
legal aid for the purpose of justice was created by the King of Spain in his Royal Decree No.
188.
• 1894 – the “medico Titulares of Forensic” which is about the regulation and its practice was
published.
• 1895 – a medico-legal laboratory was established in manila to handle medico-legal cases.
• 1898 – during the American regime, the Spanish Forensic Medicine System was preserved.
• 1901 – the provincial, insular and municipal boards of health (Acts 157, 307, 308) were
created by the Philippine Commission which are about the medico-legal duties of “medico-
tetulares” of the Spanish regime and its assignment to the health officers of the respective areas.
• 1908 – legal medicine was taught in all medical school in the Philippines.
• 1919 – the department of Legal Medicine and Ethics of the University of the Philippines was
created under Dr. Sixto de los Angeles as the chied.
• January 10, 1922 – the department of Legal Medicine and Ethics of the University of the
Philippines with its department head was incorporated to the Philippine General Hospital.
• March 10, 1922 – the Philippine legislature enacted Act No. 1043 which became incorporated
in the administrative code as Section 2465 and provides that the department of Legal Medicine
and Ethics of the University of the Philippines became a branch of the Department of Justice.
• December 10, 1937 – the creation of the Division of investigation under the department of
Justice was done by the Commonwealth Act 181 in which a medico-legal section was under the
division with Dr. Gregorio T. Lantin as the head.
• March 3, 1939 – The Department of Legal Medicine and Ethics of the University of the
Philippines was abolished and their functions were transferred to the medico-legal section of the
Department of Investigation.
• July 4, 1942 – a medico-legal section of the Manila Police Department was created under Dr.
Pablo Anzures.
• 1945 – the Provost Marshall of the United States Army created the criminal investigation
laboratory with the Medical Examiner as an integral part under Dr. Mariano Lara as the Chief
Medical Examiner.
• June 28, 1945 – the Division of Investigation was reactivated under Department of Justice.
• June 29, 1947 – the Bureau of Investigation was created by the Republic Act 157. Then, the
Bureau of Investigation was made the National Bureau of Investigation by the executive order
from the President of the Philippines. The medico-legal section was created under the National
Bureau of Investigation with its Head Dr. Enrique V. de Los Santos.
• The existence of the medico-legal division in the criminal laboratory of the G-2 of the Philippine
Constabulary also occurred.
• At that time, all provincial, municipal and city health officers, physicians of hospitals, health
centers, asylums, penitentiaries and colonies became ex-officio medico-legal officers.
• In remote places, the service of “Cirujano Ministrate” or the Sanitary Inspector may perform
the medico-legal work if a registered physician is not available.
Medico-legal aspect of identification
When an unknown body is found, the following should be noted by the investigator to facilitate
investigation:
1. Place where body is found
2. Time when found
3. What is the Cause of death
4. Time when death occurred
5. Approximate age
6. Supposed profession
7. Description of body
Points of identification applicable to both living and dead before onset of decomposition:
• Occupational marks
• Race: color of skin; shape of skull;
• Stature
• Teeth
• Tattoo marks
• Weight
• Deformities
• Birth marks
• Injuries leaving permanent result
• Moles
• Scars
• Trial marks
• Sexual organ
• Blood group
• Fingerprints
Witness – is a person who has knowledge about the case.
Types of WITNESS:
1. Ordinary Witness:
-Witness as to the fact. Nothing to do with the medical practice.
2. Expert Witness:
-One who assist the law by giving an expert opinion and certain facts
3. Professional Witness
-Doctors give factual evidence of something he did or saw during his medical work.
STAGES OF MEDICO-LEGAL INVESTIGATION
Crime scene investigation
-investigation of the place of commission of the crime to include external examination of the dead body.
Autopsy and Post-mortem examination compared:
Post-mortem Examination – it refers to external examination of a dead body without incision being
made, although blood and other body fluids maybe collected for examination while
Autopsy – indicates that, in addition to external examination, the body is opened and an internal
examination is conducted
Types of Autopsy:
• Clinical/Hospital Autopsy
-Which focuses on the internal organ findings.
(To confirm the clinical diagnosis, presence and extent of disease, any medical condition that were
overlooked and appropriateness and outcome of therapy)
• Forensic/Medico Legal Autopsy
-To determine the cause of death and confirm the manner of death often used in criminal proceedings.
Person who are authorized to perform autopsies and dissections:
health officers
medical officers of law enforcement agencies
member of the medical staff or accredited hospitals
Items to be collected for Laboratory Examination:
• Victims clothing;
• Blood Examinations, DNA and Blood typing;
• Bullets recovered from the body on hands swabs in case of gun shooting (paraffin test).
• Anal and Vaginal swabs combings from the heads and pubic hair in case of sex related cases.
• Vomitus and other gastric secretions.
External Examination
• Broad overview of the condition of the body and clothing;
• General Characteristics of the Body:
A. Sex and Approximate age
B. Height and Weight
C. Body Built
D. Probable cause of Death
E. Presence of Tattoo and Trial marks
Stippling, peppering or tattooing around the bullet hole.
External Examination-consist of classifying injuries. These include abrasions, contusion, laceration and
sharp injury wounds. Hemorrhage in the eyelid as they can be indicative of asphyxia by strangulation.
Genital examination in suspected sexual abuse. Characteristics markings on skin in cases of firearms
wounds or commotive of shoot and gun powder.
Internal Examination-consist of the removal of the individual organs through a Y and T shape incision
beginning at the tap of the back shoulder and extending between to the public bone.
Internal organs are weighted, sectioned and send for pathologic examinations Blood is routinely tested to
determine alcohol and other toxic substances.
Pulmonary edema- fluid accumulates in the lungs is commonly found in victims of chronic and
amphetamine abuse. Stomach contents for digested food or dissolved tablets.
Chapter 5: DEATH INVESTIGATION
Death Investigation
-It deals with the postmortem investigation of sudden and unexpected death.
Forensic Pathology
-Is the branch of medicine associated with the study of structural changes in the body caused by
disease or injury.
Branches of Pathology:
Brain death – there is irreversible coma, absence of electrical brain activity and complete
cessation of all the vital functions without possibility of resuscitation.
Cardio-respiratory death – there is continuous and persistent cessation of heart action and
respiration.
Kinds of Death
1. Somatic Death – Clinical Death
-It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain
functions of an organism. It is usually pronounced by a physician or other members of the
family.
Clinical Types of Death:
1. Sociological Death – the withdrawal and separation from the patient by others producing a
sense of isolation and abandonment.
2. Psychic Death – the condition of death wherein the patient regresses, gives up or surrenders
accepting death prematurely and refuses to continue living.
3. Biological Death or Brain Death – it is characterized by absence of cognitive function or
awareness, although artificial support system may maintain organs functioning.
4. Physiological Death – all vital organs cease function.
2. Molecular Death- Cellular Death
-It is the cessation of life of the individual cells in the whole body, which occurs one at a time
after somatic death.
3. Apparent Death – State of Suspended Animation
-It is the state of temporary cessation of vital activities of the body or vital processes were
depressed to the minimum compatible with life.
Signs of Death:
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to move
5. Changes in the eyes
6. Changes in the skin
External Signs of Death:
1. Loss of Power to Move and Insensibility of the Body.
2. Stoppage of Respiration
CAUSE OF DEATH -This is a specific medical diagnosis denoting a disease or injury (e.g.,
myocardial infraction, strangulation, gunshot wound, etc.)
Two types of Cause of Death:
Proximate Cause of Death – the initial that lead to sequence of events, which caused the death
of the victim.
Immediate Cause of Death – the injury or disease that finally killed the individual.
MANNER OF DEATH -This determination deals with the legal implications superimposed on biological cause
and mechanism of death.
3. Portions of
the body
involved are 4. History of
those despondency,
accessible to family problem
which may
cause him to
commit suicide.