SPECIALIZED CRIME

INVESTIGATION 1
WITH LEGAL MEDICINE
LYEN CAREL T. GARCIA
TOP 1
CLE JUNE 2022
 SPECIAL CRIME INVESTIGATION
Special Crime Investigation deals with the study of major crimes
based on the application of special investigative technique.
The study concentrates more on physical evidence, its collection,
handling, identification and preservation in coordination with the
crime laboratory
Special Crime Investigation involves a close relationship
between the prober in the field and the crime laboratory
technician. They work together as a team, reacting to and
extending one another’s theories and findings both working patiently
and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court
relies more on physical evidence rather than extra-judicial
confession.
 PHASES OF SPECIAL CRIME
INVESTIGATION

PRELIMINARY INVESTIGATION
- It is an action taken by the first responder who arrive the
crime scene after detection or report of said crime.
- It serves as foundation for the case.
IN- DEPTH INVESTIGATION
- It is the reexamination of all leads secured during preliminary
investigation

FINAL INVESTIGATION
- It is the final phase of investigation.
 HOMICIDE INVESTIGATION
Homicide Investigation is the official inquiry made by the
police on the facts and circumstances surrounding the
death of a person which is expected to be unlawful.
 PRIMARY JOB OF THE INVESTIGATOR
1. To discover whether an offense has been committed under
the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed
 RESPONSIBILITIES OF A HOMICIDE
INVESTIGATOR
1. When called upon to investigate violent death, he stands
on the dead man’s shoes to produce his instincts against
those suspects.
2. The enthusiasm and intelligence the investigator brings
in the case marks the difference between a murderer being
convicted and set free.
3. If he interprets a criminal death accidental or natural, a
guilty person is set free.
4. Remember that the police is the first line of defense in
the effective application of criminal justice.
 MISTAKES IN THE HOMICIDE
INVESTIGATION
The mistakes of the homicide investigator cannot be
corrected.
The homicide investigator should not cross the three
bridges which he burns behind him. It is important that
competent personnel adequately handle the case.
Three Bridges (MEC RULE)
The dead person has been moved
The cadaver is embalmed
The body is burned or cremated
 Basic Guide for the Investigator to look upon is to establish
the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party
 THE FOUR TYPES OF DEATH ARE:
• NATURAL

• ACCIDENTAL NONCRIMINAL

• SUICIDE

• HOMICIDE: NONCRIMINAL OR CRIMINAL

 NATURAL CAUSES
Natural causes of death include heart attacks, strokes,
fatal diseases, pneumonia, sudden crib deaths and old age.

ACCIDENTAL DEATHS
Among the causes of accidental death are falling;
drowning; unintentionally taking too many pills or ingesting a
poisonous substance; entanglement in industrial or farm
machinery; or involvement in an automobile, boat, train, bus
or plane crash.
 SUICIDE
The intentional taking of one’s own life.

HOMICIDE
Occurs when one human being causes the death of
another human being.
Is another term for the killing of one person by another.
 TERMS CONNECTED WITH HOMICIDE
KILLNG OF:
• SORORICIDE - sister
• FRATRICIDE - brother
• MATRICIDE - mother
• PATRICIDE - father
• PARRICIDE – relatives such as parents, spouse, child. A
generic term
• INFANTICIDE – less than 3 days old
• SUICIDE – taking ones own life voluntarily or intentionally
• UXORICIDE - wife
• REGICIDE - king
• VATICIDE - prophet
• ABORTICIDE – fetus
• EUTHANASIA – mercy killing
 CRIME
Is defined as an act committed or omitted violation of a
public law forbidding or commanding it.
It is also defined as an act that violates the law of nation.

*FELONY
*OFFENSE
*MISDEMEANOR/INFRACTION
 FELONIES: RPC BOOK 2
Title One. Crimes against National Security and the Law of Nations
Title Two. Crimes against the Fundamental Laws of the State
Title Three. Crimes against Public Order
Title Four. Crimes against Public Interest
Title Five. Crimes relative to Opium and other Prohibited Drugs
Title Six. Crimes against Public Morals
Title Seven. Crimes Committed by Public Officers
Title Eight. Crimes against Persons
Title Nine. Crimes against Personal Liberty and Security
Title Ten. Crimes against Property
Title Eleven. Crimes against Chastity
Title Twelve. Crimes against the Civil Status of Persons
Title Thirteen. Crimes against Honor
Title Fourteen. Quasi-Offences
Title Fifteen. Final Provisions
 TITLE EIGHT
CRIMES AGAINST PERSON
(Destruction of Life)
 ARTICLE 246 - PARRICIDE
Parricide is committed when:
1. A person is killed
2. The deceased is killed by the accused
3. The deceased is the father, mother, or child, whether
legitimate or illegitimate; a legitimate other than ascendant
or descendant; or legitimate spouse of the accused.
(People v. Malabago, G.R. No. 115686, December 2,
1992)
 Parricide is based on the relationship of the
offender and the offended
• Legitimate except in case of parent and child where
relationship may either be legitimate or illegitimate.
• In the Direct line or between ascendants and descendants.
There is no parricide in the killing of brothers and sisters
because the relationship is collateral.
• By Blood except for spouse. Thus, there is no parricide in
the killing between adopter and adopted, or between
step-parent and step child because the relationship is not
by blood.
Notes:
1. The relationship of the offender with the victim is the
essential element of the felony

2. Parents and children are not included in the term

“ascendants” or “descendants”

3. The other ascendant or descendant must be legitimate.

On the other hand, the father, mother or child may be
legitimate or illegitimate.
* If the offender and the offended party, although related by
blood and in the direct line, are separated by an intervening
illegitimate relationship, parricide can no longer be
committed.
The illegitimate relationship between the child and the
parent renders all relatives after the child in the direct line to
be illegitimate too.

* The only illegitimate relationship that can bring about

parricide is that between parents and illegitimate children as
the offender and the offended parties.
 May is the parent of Diane (illegitimate daughter). Diane
married Charlie and they begot a legitimate child Rose. if
Rose, (daughter of Diane and Charlie), would kill May
(grandmother), what crime is committed by Rose?

A. Parricide
B. Murder
C. Homicide
D. Infanticide
4. The child should not be less than 3 days old. Otherwise,
the offense is infanticide

* That the mother killed her child in order to conceal her

dishonor is not mitigating. This is immaterial to the crime of
parricide, unlike in the case of infanticide. If the child is less
than three days old when killed, the crime is infanticide and
intent to conceal her dishonor is considered mitigating.
FACTS: A mother asked her brother to kill her child and he
did? If the child is less than three days old the mother and
her brother are guilty of-

A. Parricide
B. Murder
C. Homicide
D. Infanticide
FACTS: A mother asked her brother to kill her child and he
did? If the child is three days old the mother is liable for-

A. Parricide
B. Murder
C. Homicide
D. Infanticide
Emma with evident premeditation and treachery killed his father
Ronald. What was the crime committed by KC?
A. Murder
B. Parricide
C. Homicide
D. Qualified homicide
A person killed his live in partner by means of poison is guilty
of what crime?
a. Parricide
b. Murder
c. Infanticide
d. Homicide
5. Relationship must be alleged.
* In killing a spouse, there must be a valid subsisting marriage at the time of the
killing. Also, the information should allege the fact of such valid marriage
between the accused and the victim.

* In a ruling by the Supreme Court, it was held that if the information did not
allege that the accused was legally married to the victim, he could not be
convicted of parricide even if the marriage was established during the trial. In
such cases, relationship shall be appreciated as generic aggravating
circumstance.

* The Supreme Court has also ruled that Muslim husbands with several wives
can be convicted of parricide only in case the first wife is killed. There is no
parricide if the other wives are killed although their marriage is recognized as
valid. This is so because a Catholic man can commit the crime only once. If a
Muslim husband could commit this crime more than once, in effect, he is being
punished for the marriage which the law itself authorized him to contract.
6. A stranger who cooperates in committing parricide is
liable for murder or homicide.

* Since parricide is a crime of relationship, if a stranger

conspired in the commission of the crime, he cannot be held
liable for parricide. His participation would make him liable
for murder or for homicide, as the case may be. The rule of
conspiracy that the act of one is the act of all does not apply
here because of the personal relationship of the offender to
the offended party.
7. Even if the offender did not know that the person he had
killed is his son, he is still liable for parricide because the law
does not require knowledge of the relationship

* Article 365 expressly provides that parricide can be

committed through reckless imprudence. The penalty will not
be under Article 246 but under Article 365.
ARTICLE 247. Death or Physical Injuries
Inflicted under Exceptional Circumstances
A legally married person or parent surprises his
spouse or daughter (the latter must be under 18 and living
with them) in the act of committing sexual intercourse
with another person

He/she kills any or both of them or inflicts upon any or

both of them any serious physical injury in the act or
immediately thereafter.
Notes:
*1. Article does not define or penalize a felony.
* Article 247, far from defining a felony merely grants a
privilege or benefit, more of an exempting circumstance as
the penalty is intended more for the protection of the accused
than a punishment. Death under exceptional character can
not be qualified by either aggravating or mitigating
circumstances.

* If the accused fails to establish the circumstances called for

in Article 247, he/she will be guilty of Parricide and Murder or
Homicide if the victims were killed.
Notes:
*1. Article does not define or penalize a felony.
* Article 247, far from defining a felony merely grants a
privilege or benefit, more of an exempting circumstance as
the penalty is intended more for the protection of the accused
than a punishment. Death under exceptional character can
not be qualified by either aggravating or mitigating
circumstances.

* If the accused fails to establish the circumstances called for

in Article 247, he/she will be guilty of Parricide and Murder or
Homicide if the victims were killed.
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Art 247 is applicable when the accused did not see his spouse
in the act sexual intercourse with another person. However, it is
enough that circumstances reasonably show that the carnal act
is being committed or has been committed.

* It is not necessary that the spouse actually saw the sexual

intercourse being committed. It is enough that he/she surprised
them under such circumstances that no other reasonable
conclusion can be inferred but that a carnal act was being
performed or has just been committed.
5. Sexual intercourse does not include preparatory acts

6. IMMEDIATELY THEREAFTER: means that the

discovery, escape, pursuit and the killing must all form parts
of one continuous act.

7. No criminal liability is incurred when less serious or slight

physical injuries are inflicted. Moreover, in case third persons
caught in the crossfire suffer physical injuries, the accused is
not liable. The principle that one is liable for the
consequences of his felonious act is not applicable because
he is not committing a felony
A and B are husband and wife, while working as security
guard of Landbank, A felt sick one night and decided to go
home around midnight and saw B having sexual intercourse
with a neighbor C. A grabbed C and hacked the latter to
death. As Criminologist-Investigator what crime if any would
you charged against A?
a. Homicide
c. Parricide
b. Murder
d. None because A is exempted from criminal liability
* A person who acts under Article 247 is not committing a
crime. Since this is merely an exempting circumstance, the
accused must first be charged with:
(1) Parricide – if the spouse is killed;
(2) Murder or homicide – depending on how the killing was
done insofar as the paramour or the mistress is concerned;
(3) Homicide – through simple negligence, if a third party is
killed;
(4) Physical injuries – through reckless imprudence, if a
third party is injured.
* If death results or the physical injuries are serious, there is
criminal liability although the penalty is only destierro. The
banishment is intended more for the protection of the
offender rather than a penalty.

* If the crime committed is less serious physical injuries or

slight physical injuries, there is no criminal liability.
 ARTICLE 248 - MURDER
Murder is the killing of another attended by a qualifying
circumstances
A.) That the killing was attended by any of the following
qualifying circumstances

1. with treachery, taking advantage of superior strength, with

the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford
impunity
2. In consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion, shipwreck,
stranding of vessel, derailment or assault upon a street car or
locomotive, fall of airship, by means of motor vehicles or with
the use of any other means involving great waste or ruin.

4.on occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or any other public
calamity.
5. with evident premeditation.

6. with cruelty, by deliberately and inhumanely augmenting

the suffering of the victim or outraging or scoffing at his
person or corpse .
The following are holdings of the Supreme Court with respect to the crime
of murder:
(1) Killing of a child of tender age is murder qualified by treachery
because the weakness of the child due to his tender age results in the
absence of any danger to the aggressor.
(2) Evident premeditation is absorbed in price, reward or promise, if
without the premeditation the inductor would not have induced the other
to commit the act but not as regards the one induced.
(3) Treachery is inherent in poison.
(4) Where one of the accused, who were charged with murder, was
the wife of the deceased but here relationship to the deceased was not
alleged in the information, she also should be convicted of murder but the
relationship should be appreciated as aggravating.
(5) Killing of the victims hit by hand grenade thrown at them is murder
qualified by explosion not by treachery.
 Article 255. INFANTICIDE

Committed by any person who shall kill any child less than
three days of age (less than 72 hours).
* When the offender is the father, mother or legitimate
ascendant, he shall suffer the penalty prescribed for
parricide. If the offender is any other person, the penalty is
that for murder. In either case, the proper qualification for the
offense is infanticide.

* Even if the killer is the mother or the father or the legitimate

grandparents, the crime is still Infanticide and not Parricide.
The penalty however, is that for Parricide.
It is violent expulsion of human fetus from the maternal womb
which result in death.
Infanticide
b. Abortion
c. Murder
d. Parricide

Under the Article 40 of the Civil Code, birth determines

personality. A person is considered born at the time when
the umbilical cord is cut. He then acquires a personality
separate from the mother.
A mother delivered an offspring which had an intra-uterine life of
seven months. after the umbilical cord is cut, immediately the
child was killed by the mother. What was the crime committed by
the mother?
a. Infanticide
b. Abortion
c. Parricide
d. No crime

But even though the umbilical cord has been cut, Article 41 of
the Civil Code provides that if the fetus had an intra-uterine life of
less than seven months, it must survive at least 24 hours after
the umbilical cord is cut for it to be considered born.
 ARTICLE 249 - HOMICIDE
Homicide is the killing of any person which does not
constitute parricide, murder or infanticide and is not attended
by any justifying circumstance
Notes:
* Homicide is the unlawful killing of a person not constituting murder,
parricide or infanticide.

* Intent to kill is conclusively presumed when death resulted. Hence,

evidence of intent to kill is required only in attempted or frustrated
homicide

Distinction between homicide and physical injuries:

In attempted or frustrated homicide, there is intent to kill.

In physical injuries, there is none. However, if as a result of the

physical injuries inflicted, the victim died, the crime will be homicide
because the law punishes the result, and not the intent of the act.
 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.
It is the application of basic and clinical, medical and
paramedical sciences to elucidate legal matters.
 Originally the terms legal medicine, forensic medicine and
medical jurisprudence are synonymous and in common
practice are used interchangeably. This concept prevailed
among countries under the Anglo-American influence.
The concept and practice of legal medicine in the
Philippines is of Spanish origin.
 In modern times, especially in continental European
countries, legal medicine has a similar meaning as the term
forensic medicine, although, strictly speaking, legal
medicine is primarily the application of medicine to legal
cases while forensic medicine concerns with the application
of medical science to elucidate legal problems.
 On the other hand, medical jurisprudence (j'uris-law,
prudentia-knowledge) denotes knowledge"of law in relation
to the practice of medicine. It concerns with the study of the
rights, duties and obligations of a medical practitioner with
particular reference to those arising from doctor-patient
relationship.

A physician who specializes or is involved primarily with

medico legal duties is known as medical jurist, (meoical
examiner, medico legal officer, medico-legal expert)
 DISTINCTION BETWEEN AN ORDINARY
PHYSICIAN AND A MEDICAL JURIST:
1. An ordinary physician sees an injury or disease on the
point of view of treatment, while a medico-jurist sees
injury or disease on the point of view of cause.
2.The purpose of an ordinary physician examining a
patient is to arrive at a definite diagnosis so that
appropriate treatment can be instituted, while the
purpose of the medical jurist in examining a patient is to
include those bodily lesions in his report and testify
before the court or before an investigative body; thus
giving justice to whom it is due.
3. Minor or trivial injuries are usually ignored by an ordinary
clinician inasmuch as they do not require usual treatment.
Superficial abrasions, small contusion and other minor injuries
will heal without medication. However, a medical jurist must
record all bodily injuries even if they are small or minor because
these injuries may be proofs to qualify the crime or to justify the
act.
 OTHER DEFINITIONS
Law
Is a rule of conduct, just, obligatory, laid by legitimate power
for common observance and benefit.
Characteristics of Law:
a. It is a rule of conduct;
b. It is dictated by legitimate power; and
c. Compulsory and obligatory to all (Civil Code by Padilla)
 Forms of Law:
a. Written or Statutory Law (Lex Scripta):
This is composed of laws which are produced by the country's
legislations and which are defined, codified and incorporated by
the law-making body.
Example: Laws of the Philippines,
b . Unwritten or Common Law (Lex non Scripta):
This is composed of the unwritten laws based on immemorial
customs and usages. It is sometimes referred to as case law,
common law, jurisprudence or customary law. Example: Laws of
England
Forensic
It denotes anything belonging to the court of law or used in court or
legal proceedings or something fitted for legal or public argumentations
(Black's Law Dictionary, 4th ed.)
Medicine
Medicine is a science and art dealing with prevention, cure and
alleviation of disease. It is that part of science and art of restoring and
preserving health.
Legal
Legal is that which pertains to law, arising out of, by virtue of or
included in law. It also refers to anything conformable to the letters or
rules of law as it is administered by the court.
Jurisprudence
It is a practical science which investigates the nature, origin,
development and functions of law. It is a science of giving a wise
interpretation of the law and making just application of them to all
cases as they arise
 PRINCIPLE OF STARE DECISIS
A principle that, when the court has once laid down a principle
of law or interpretation as applied to a certain state of facts, it will
adhere to and apply to all future cases where the facts are
substantially the same.
BRIEF HISTORY OF LEGAL MEDICINE
IN WORLDWIDE SCALE:
The earliest recorded medico-legal expert was Imhotep (2980
B.C.). He was the chief physician and architect of King Zoser of
the third dynasty in Egypt and the builder of the first pyramid.
That time was the first recorded report of a murder trial written on
clay tablet.
The Code of Hammurabi, the oldest code of law (2200 B.C.)
included legislation on adultery, rape, divorce, incest, abortion
and violence.
Hippocrates (460-355 B.C.) in Greece discussed the lethality
of wounds. Aristotle (384-322 B.C.) fixed animation of fetus at the
40th day after conception.
 That bodies of all women dying during confinement should
immediately be opened in order to save the child's life was
promulgated during the reign of Numa Pompilius in Rome (600
B.C.)
The first "police surgeon" or forensic pathologist was
Antistius. Julius Caesar (100-44 B.C.) was murdered and his
body was exposed in the forum and Antistius performed the
autopsy. He found out that Julius Caesar suffered from
twenty-three wounds and only one penetrated the chest cavity
through the space between the first and second ribs.
 Justinian (483-565 A.D.), in his Digest, made mention that a
physician is not an ordinary witness and that a physician gives
judgment rather than testimony. This led to the recognition of
expert witness in court.
The first textbook in legal medicine was included in the
Constitute Criminalis Carolina which was promulgated in 1532
during the reign of Emperor Charles V in Germany.
Paulus Zacchias (1584-1659), a papal physician, is regarded as
the "father of forensic medicine.“

In 1598, Severin Pineau published in Paris a work on virginity

and defloration.

Orfila (1787-1853) introduced chemical methods in toxicology. In

his Traite' des Poison, he mentioned mineral, vegetable and
animal poison in relation with physiology, pathology and legal
medicine. He was considered later as the founder of modern
toxicology.
 On December 23, 1975, Presidential Decree
856 was promulgated and Sec. 95 provides

A. Persons authorized to perform autopsies:

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:
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.
 MEDICOLEGAL ASPECTS OF DEATH
Death is the termination of life. It is the complete cessation
of all the vital functions without the possibility of resuscitation
Dying is a continuing process while death is an event that
takes place at a precise time.
 WHEN ANY OF THE THREE VITAL BODY
FUNCTION IS NO LONGER PERFORMING:
a. Respiratory
b. Cardiac activity
c. Central nervous system
 The Facts of Death
1.he first action of an investigator upon arriving at the crime
scene of the homicide is the verification of death.
2.An individual is said to be dead in the medical sense when one
of the three vital function is no longer performing within the body:
a.Respiratory system
b.Cardiac Activity
c.Central nervous system activity
3.In the legal sense, death is considered to occur when all of the
three above vital functions have ceased.
 IMPORTANCE OF DEATH
DETERMINATION

I. Personality of a person is extinguished by death.

II. Criminal liability is extinguished by death.
III. Property of a person is transmitted to heirs or nearest of
skin.
IV. Basis of immediate removal of organs for transplantation.
V. Civil case for claim is dismissed.
 CAUSES OF DEATH
1. Immediate ( Primary ) Cause of Death – this applies to
cares when trauma or disease kill quickly that there is no
opportunity for sequelae or complications to develop.

2. The Proximate ( Secondary ) Cause of Death – The

injury or disease was survived for a sufficiently prolonged
interval which permitted the development of serious
sequelae which actually cause the death.
 KINDS OF DEATH

▪ Somatic/Clinical Death
▪ Molecular Death
▪ Apparent Death
 I. SOMATIC/CLINICAL DEATH
This is the state of the body in which there is complete,
persistent and continuous cessation of the vital functions of
the brain, heart and lungs which maintain life and health. It
occurs the moment a physician or the other members of the
family declare a person has expired, and some of the early
signs of death are present. It is hardly possible to determine
the exact time of death.
 CLINICAL TYPES OF DEATH
1. Sociologic death – experience by patient who are
abandoned and let alone to die. The sense of isolation or
abandonment.
2. Psychic death – the patient regresses, gives up or
surrenders accepting death prematurely.
3. Biologic death – characterized by the absence of
cognitive functions or awareness despite of the artificial
life support.
4. Physiologic death – a death when all vital organs cease
to function.
 II. MOLECULAR OR CELLULAR DEATH
After cessation of the vital functions of the body there is
still animal life among individual cells. This is evidence by the
presence of/excitability of muscles and ciliary movements
and other functions of individual cells. About three to six
hours later, there is death of individual cells. This is known as
molecular or cellular death. Its exact occurrence cannot be
definitely ascertained because its time of appearance is
influenced by several factors. Previous state of health,
infection, climatic condition, cellular nutrition, etc. influence
its occurrence.
 III. APPARENT DEATH" OR "STATE OF
SUSPENDED ANIMATION":
This condition is not really death but merely a transient
loss of consciousness or temporary cessation of the vital
functions of the body on account of disease, external
stimulus or other forms of influence. It may arise especially in
hysteria, uremia, catalepsy and electric shock.
It is important to determine the condition of suspended
animation to prevent premature burial.
 SIGNS OF DEATH
• CESSATION OF HEART ACTION AND CIRCULATION
• CESSATION OF RESPIRATION
• COOLING OF THE BODY (ALGOR MORTIS)
• INSENSIBILITY OF THE BODY AND LOSS OF POWER
TO MOVE
• CHANGES IN THE SKIN
• CHANGES IN AND ABOUT THE EYE:
• ACTION OF HEAT ON THE SKIN
 CESSATION OF HEART ACTION AND
CIRCULATION
There must be an entire and continuous cessation of the
heart action and flow of blood in the whole vascular system.
A temporary suspension of the heart action is still compatible
with life.
As a general rule, if there is no heart action for a period of
five minutes death is regarded as certain.
 METHODS OF DETECTING THE CESSATION
OF HEART ACTION AND CIRCULATION:
EXAMINATION OF THE HEART:
Palpation of the Pulse - Pulsation of the peripheral blood vessels may be
made at the region of the wrist or at the neck. The pulsation of the vessels is
synchronous with the heart beat.
Auscultation for the Heart Sound at the Precordial Area: The rhythmic
contraction and relaxation of the heart is audible through the stethoscope.
Flouroscopic Examination: Fluoroscopic examination of the chest will reveal
the shadow of the heart in its rhythmic contraction and relaxation.
By the Use of Electrocardiograph: The heart beat is accompanied by the
passage of electrical charge through the impulse conducting system of the
heart which may be recorded in an electrocardiograph machine.
EXAMINATION OF THE PERIPHERAL CIRCULATION:
Magnus'Test - A ligature is applied around the base of a finger with moderate
tightness.
Icard's Test - This consists of the injection of a solution of fluorescein
subcutaneously. If circulation is still present, the dye will spread all over the body
and the whole skin will have a greenish-yellow discoloration due to flourescein. In
a dead man, the solution will just remain at the site of the injection.
Diaphanous Test - The fingers are spread wide and the finger webs are viewed
through a strong light. In the living, the finger webs appear red but yellow in the
dead.
Opening of Small Artery:
Pressure on the Fingernails:
Application of Heat on the Skin:
Palpation of the Radial Pulse:
Dropping of Melted Wax:
 CESSATION OF RESPIRATION
A person can hold his breath for a period not longer than 3-1/2 minutes.

METHODS OF DETECTING CESSATION OF

RESPIRATION:

• Expose the chest and abdomen and observe the movement

duringinspiration and expiration .
• Examine the person with the aid of a stethoscope which is placed at the
base of the anterior aspect of the neck and hear sound of the current o air
passing through the trachea during
• Examination with a Mirror
 • Examination with a Feather or Cotton Fibers:
• Examination with a Glass of Water:
• Winslow's Test:
There is no movement of the image formed by reflecting
artificial or sun light on the water or mercury contained in a
saucer and placed on the chest or abdomen if respiration is not
taking place.
 COOLING OF THE BODY
(ALGOR MORTIS)
After death the metabolic process inside the body ceases,
No more heat is produced but the body loses slowly its
temperature by evaporation or by conduction to the
surrounding atmosphere.
The progressive fall of the body temperature is one of the
most prominent signs of death.
The fall of temperature of 15 to 20 degrees Fahrenheit is
considered as a certain sign of death.
POST-MORTEM CALORICITY
Is the rise of temperature of the body after death due to rapid
and early putrefactive changes or some internal changes. It is
usually observed in the first two hours after death.
Post-mortem caloricity may occur in the following conditions:
a. Cholera.
b. Yellow fever.
c. Liver abscess.
d. Peritonitis.
e. Cerebro-spinal fever.
f. Rheumatic fever.
g. Tetanus.
h. Smallpox.
i. Strychnine poisoning.
METHODS OF ESTIMATING HOW LONG A
PERSON HAS BEEN DEAD FROM
THE COOLING OF THE BODY:
As a general rule the body attains the temperature
of the surrounding air from 12 to 15 hours after
death in tropical countries
 THE THREE SIGNS OF PRESUMPTIVE
DEATH
1. Cessation of breathing or respiratory movement
2. Cessation of heart sounds
3. Loss of flushing on nail beds when pressure is
released
 CHANGES IN THE BODY FOLLOWING
DEATH
CHANGES IN THE MUSCLE:
After death, there is complete relaxation of the whole
muscular system. The entire muscular system is contractile
for three to six hours after death, and later rigidity sets in.
Secondary relaxation of the muscles will appear just when
decomposition has set in.
THE ENTIRE MUSCULAR TISSUE PASSES
THREE STAGES AFTER DEATH:
• STAGE OF PRIMARY FLACCIDITY
(post-mortem muscular irritability):

• STAGE OF POST-MORTEM RIGIDITY

(Cadaveric rigidity, or Death struggle of muscles or Rigor Mortis):

• STAGE OF SECONDARY FLACCIDITY OR

COMMENCEMENT OF PUTREFACTION
(Decay of the muscles):
 STAGE OF PRIMARY FLACCIDITY
(POST-MORTEM MUSCULAR
IRRITABILITY)
The Muscles are relaxed and capable of contracting when
stimulated. The pupils are dilated, the sphincters are relaxed,
and there is incontinence of urination and defecation.
To determine whether the muscles are still irritable, apply
electric current and note whether there is still irritability of the
muscles.
This stage usually lasts about three to six hours after
death. In warm places, the average duration is only one hour
and fifty one minutes
 STAGE OF POST-MORTEM RIGIDITY
(CADAVERIC RIGIDITY, OR DEATH
STRUGGLE OF MUSCLES OR RIGOR
MORTIS):
The whole body becomes rigid due to the contraction of the muscles.
This develops three to six hours after death and may last from
twenty-four to thirty-six hours.
Three to six hours after death the muscles gradually stiffen. It usually
starts at the muscles of the neck and lower jaw and spreads downwards
to the chest, arms, and lower limbs. Usually the whole body becomes stiff
after twelve hours.
 In the medico-legal view point, post-mortem rigidity may be
utilized to approximate the length of time the body has been
dead.
In temperate countries, rigor mortis may last for two or three
days but in tropical countries the usual duration is twenty-four to
forty-eight hours during cold weather and eighteen to thirty-six
hours during summer.
In warm countries like the Philippines, rigor mortis sets in from
2 to 3 hours after the death. It is fully developed in the body after
12 hours. It may last from 18 hours to 36 hours and its
disappearance is concomitant with the onset of putrefaction.
 CONDITIONS SIMULATING RIGOR MORTIS:
HEAT STIFFENING:
If the dead body is exposed to temperatures above 75°C it will
coagulate the muscle proteins and cause the muscles to be rigid. The
stiffening is more or less permanent and may not be easily affected by
putrefaction.

COLD STIFFENING:
Body is frozen, but exposure to warm condition will make such
stiffening disappear. The cold stiffening is due to the solidification of fat
when the body is exposed to freezing temperature

CADAVERIC SPASM OR INSTANTANEOUS RIGOR:

This is the instantaneous rigidity of the muscles which occurs at the
moment of death due to extreme nervous tension, exhaustion and injury
to the nervous system or injury to the chest.
 DISTINCTIONS BETWEEN RIGOR MORTIS
AND CADAVERIC SPASM:
Time of Appearance:
Rigor mortis appears three to six hours after death, while
cadaveric spasm appears immediately after death.

Muscles Involved:
Rigor mortis involves all the muscles of the body whether
voluntary or involuntary, while cadaveric spasm involves only a
certain muscle or group of muscles and are asymmetrical.
Occurrence:
Rigor mortis is a natural phenomena which occurs after death,
while cadaveric spasm may or may not appear on a person at the
time of death.

Medico-Legal Significance:
Rigor mortis may be utilized by a medical jurist to approximate
the time of death, while cadaveric spasm may be useful to
determine the nature of the crime.
STAGE OF SECONDARY FLACCIDITY OR
SECONDARY RELAXATION:
The muscles become flaccid, no longer capable of
responding to mechanical or electrical stimulus and the
reaction becomes alkaline
After the disappearance of rigor mortis, the muscle
becomes soft and flaccid.
CHANGES IN THE BLOOD

a. Coagulation of the Blood:

The stasis of the blood due to the cessation of circulation
enhances the coagulation of blood inside the blood vessels.

Blood- may remain fluid inside the blood vessels after death
for 6 to 8 hours.
DISTINCTIONS BETWEEN ANTE-MORTEM
FROM POST-MORTEM CLOT:
Ante-mortem Clot Post-mortem Clot
Firm in consistency. Soft in consistency
Surface of the blood vessel Surface of the blood vessels
raw after the clots are smooth and healthy after the
removed clots are removed
Clots homogenous in Clots can be stripped off in
construction so it cannot be layers
stripped into layers
Clots with uniform color Clots with distinct layer
b. Post-mortem lividity or cadaveric lividity, or post-mortem
suggillation or post-mortem hypostasis or livor mortis:
• The stoppage of the heart action and the loss of tone of blood
vessels cause the blood to be under the influence of gravity.
Blood begins to accumulate in the most dependent portions of
the body. The capillaries may be distended with blood. The
distended capillaries coalesce with one another until the whole
area becomes dull-red or purplish in color known as
post-mortem lividity.
• The lividity usually appears three to six hours after death and
the condition increases until the blood coagulates.
• Twelve hours after death, the post-mortem lividity is already
fully developed. It also involved internal organs.
 PHYSICAL CHARACTERISTICS OF
POST-MORTEM LIVIDITY:
(1) It occurs in the most extensive areas of the most
dependent
portions of the body.
(2) It only involves the superficial layer of the skin.
(3) It does not appear elevated from the rest of the skin.
(4) The Color is uniform but the color may become greenish
at the start of decomposition.
(5) There is no injury of the skin.
 KINDS OF POST-MORTEM (CADAVERIC)
LIVIDITY:
HYPOSTATIC LIVIDITY:
The blood merely gravitates into the most dependent portions
of the body but still inside the blood vessels and still fluid in form.
Any change of position of the body leads to the formation of the
lividity in another place. This occurs during the early stage of its
formation.

DIFFUSION LIVIDITY
This appears during the later stage of its formation when the
blood has coagulated inside the blood vessels or has diffused
into the tissues of the body. Any change of position will not
change the location of the lividity.
 IMPORTANCE OF CADAVERIC LIVIDITY:
Importance of Cadaveric Lividity:
(1) It is one of the signs of death.
(2) It may determine whether the position of the body has been changed after its appearance in the
body.
(3) The color of the lividity may indicate the cause of death.
Example:
In asphyxia, the lividity is dark.
In carbon monoxide poisoning, the lividity is bright pink.
Hemorrhage, anemia — less marked.
Hydrocyanic acid — bright red.
Phosphorus — dark brown.
Potassium chlorate, Potassium bichromate — chocolate or coffee brown.
If the body is found for considerable time in snow or ice the lividity is bright red.
(4) It may determine how long the person has been dead.
(5) It gives us an idea as to the time of death.
 AUTOLYTIC OR AUTODIGESTTVE
CHANGES AFTER DEATH:
After death, proteolytic, glycolytic and lipolytic ferments of
glandular tissues continue to act which lead to the
autodigestion of organs. This action is facilitated by weak
acid and higher temperature.
 PUTREFACTION OF THE BODY:
PUTREFACTION
Is the breaking down of the complex proteins into simpler
components associated with the evolution of foul smelling
gasses and accompanied by the change of color of the body.

MARBOLIZATION
It is the prominence of the superficial veins with reddish
discoloration during the process of decomposition which
develops on both flanks of the abdomen, root of the neck and
shoulder and which makes the area look like a "marbled"
reticule of branching veins. This is observed easily among dead
persons with fair complexion.
CHRONOLOGICAL SEQUENCE TROPICAL
REGION
NUMBER OF HOURS/DAYS EVENTS

12 H Rigor will be evident

24 H Rigor will be evident with greenish
discoloration
48 H Presence of ova flies
72 H Cadaver was swollen and
disfigured
One Week Soft viscera putrefied
2 Weeks Soft viscera largely gone
1 Month Body is skeletonized
 INFLUENCE OF BACTERIA IN
DECOMPOSITION:
Decomposition is due to action of bacteria in various tissues of
the body.
In the Philippines like other tropical countries, decomposition is
early and the average time is 24 to 48 hours after death.

Other Destructive Agents During Decomposition:

Maggots (Larvae)
Adult Flies
Reptiles:
Rodents (rats and mice)
Other Mammals:
Fishes and Crabs:
Molds
As a general rule, molds do not destroy the dead bodies
but their growth cause disfigurement and minor superficial
lesions on the skin
 ENTOMOLOGY OF THE CADAVER:
The common flies undergo larval, pupal and adult stages.
The usual time for the egg to be hatched into larva is 24
hours so that by the. mere fact that there are maggots in the
cadaver, one can conclude that death has occurred more
than 24 hours.

NOTE:
Father of Modern Entomology: Reverend William Kirby
 SPECIAL MODIFICATION OF
PUTREFACTION
MUMMIFICATION
Mummification is the dehydration of the whole body which
results in the shivering and preservation of the body. It
usually occurs when a dead body is buried in a hot, and arid
place with dry atmosphere and with free access of hot air.
Mummification is observed in warm countries where
evaporation of body fluid takes place earlier and faster than
decomposition.
 KINDS OF MUMMIFICATION:
NATURAL MUMMIFICATION
When a person is buried in hot, arid, sandy soil, there will be
insufficient moisture for the growth and multiplication of putrefactive
bacteria.

ARTIFICIAL MUMMIFICATION:
The principles involved in artificial mummification are:
(a) Acceleration of the evaporation of the tissue fluid of the body
before the actual onset of decomposition.
(b) Addition of some body preservatives to inhibit decomposition
and to allow evaporation of fluid. This is made by treatment of the
body with arsenic, formalin, resinous or tarry materials.
SAPONIFICATION OR ADIPOCERE FORMATION:
This is a condition wherein the fatty tissues of the body
are transformed to soft brownish-white substance known as
adipocere.
Adipocere is a waxy material, rancid or moldy in odor,
floats in water, and dissolves in ether and alcohol. With
diluted solution of copper sulfate, it gives a light
greenish-blue color. It is inflammable and burns with a faint
yellow flame. When distilled it produces a dense oily vapor.
MACERATION
This is the softening of the tissues when in a fluid medium
in the absence of putrefactive microorganism which is
frequently observed in the death of the fetus en utero.
Putrefaction does not take place and the fetus becomes
soft. The softening of the body may be due to the action of
the autolytic and proteolytic enzymes and ferments.
 MEDICO-LEGAL ASPECTS OF
PHYSICAL INJURIES
Physical injury is the effect of some forms of stimulus on the body.

• Causes of Physical Injuries:

• Physical Violence
• Heat or Cold
• Electrical Energy
• Chemical Energy
• Radiation by Radio-Active Substances
• Change of Atmospheric Pressure (Barotrauma)
• Infection
 PHYSICAL INJURIES BROUGHT ABOUT
BY PHYSICAL VIOLENCE
The effect of the application of physical violence on a
person is the production of wound.
A wound is the solution of the natural continuity of any
tissue of the living body. It is the disruption of the anatomic
integrity of a tissue of the body. In several occasions, the
word physical injury is used interchangeably with wound.
 VITAL REACTION
It is the sum total of all reactions of tissue or organ to trauma.

The following are the common reactions of a living tissue to trauma:

a. "Rubor" — Redness or congestion of the area due to an increase of

blood supply as a part of the reparative mechanism.
b. "Calor" — Sensation of heat or increase in temperature.
c. "Dolor" — Pain on account of the involvement of the sensory nerve.
d. Loss of function — On account of the trauma, the tissue may not be
able to function normally.
 CLASSIFICATION OF WOUNDS:
AS TO SEVERITY:
MORTAL WOUND - Wound which is caused immediately after
infliction or shortly thereafter that is capable of causing death.
Parts of the Body where the Wounds Inflicted are Considered Mortal:
• Heart and big blood vessels.
• Brain and upper portion of the spinal cord.
• Lungs.
• Stomach, liver, spleen and intestine.

NON-MORTAL WOUND — Wound which is not capable of

producing death immediately after infliction or shortly
thereafter.
AS TO THE KIND OF INSTRUMENT USED:
a. Wound brought about by blunt instrument (contusion, hematoma, lacerated
wound).
b. Wound brought about by sharp instrument:
Sharp-edged instrument(incised wound).
Sharp-pointed instrument (punctured wound).
Sharp-edged and sharp pointed instrument (stab wound).
c. Wound brought about by tearing force (lacerated wound).
d. Wound brought about by change of atmospheric pressure (barotrauma).
e. Wound brought about by heat or cold (frostbite, burns or scald).
f. Wound brought about by chemical explosion (gunshot or shrapnel wound).
g. Wound brought about by infection
AS TO THE MANNER OF INFLICTION:
Hit — by means of bolo, blunt instrument, axe.
Thrust or stab — bayonet dagger.
Gunpowder explosion — projectile or shrapnel wound.
Sliding or rubbing or abrasion.

AS REGARDS TO THE DEPTH OF THE WOUND:

Superficial — When the wound involves only the layers of the
skin.
Deep — When the wound involves the inner structure beyond the
layers of the skin.
PENETRATING — one in which the wounding agent enters
the body but did not come out or the mere piercing of a solid
organ or tissue of the body.

PERFORATING — When the wounding agent produces

communication between the inner and outer portion of the
hollow organs. It may also mean piercing or traversing
completely a particular part of the body causing
communication between the points of entry and exit of the
instrument or substance producing it.
AS REGARDS TO THE RELATION OF THE SITE OF THE APPLICATION
OF FORCE AND THE LOCATION OF INJURY:
COUP INJURY — Physical injury which is located at the site of the application
of force,
CONTRE-COUP INJURY — Physical injury found opposite the site of the
application force.
COUP CONTRE-COUP INJURY — Physical injury located at the site and
also opposite the site of application of force.
"LOCUS MINORIS RESISTENCIA" — Physical injury located not at the site
nor opposite the site of the application of force but in some areas offering the
least resistance to the force applied. A blow on the forehead may cause
contusion at the region of the eyeball because of the fracture on the
papyraceous bone forming the roof of the orbit.
EXTENSIVE INJURY — Physical injury involving a greater area of the body
beyond the site of the application of force. It has not only the wide area of
injury but also the varied types of injury.
 SPECIAL TYPES OF WOUNDS:
DEFENSE WOUND — Wound which is the result of a
person's instinctive reaction of self-protection. Injuries
suffered by a person to avoid or repel potential injury
contemplated by the aggressor.
PATTERNED WOUND — Wound in the nature and shape of
an object or instrument and which infers the object or
instrument causing it.
SELF-INFLICTED WOUND—Self-inflicted wound is a wound
produced on oneself. As distinguished from suicide, the
person has no intention to end his life.
 TYPES OF WOUNDS (MEDICAL
CLASSIFICATION)
OPEN WOUND
There is a breach of continuity of the skin or mucous
membrane.
a. Abrasion
b. Incised Wound
c. Stab Wound
d. Punctured
e. Lacerated
CLOSED WOUND
There is no breach of continuity of the skin or mucous membrane.

Superficial
When the wound is just underneath the layers of the skin or mucous
membrane.
(1) Petechiae.
(2) Contusion.
(3) Hematoma.
Deep
1. Musculoskeletal Injuries
• Sprain
• Dislocation
• Fracture
• Strain
• Subluxation

2. Internal Hemorrhage.
3. Cerebral Concussion.
PETECHIAE
This is a circumscribed extravasation of blood in the subcutaneous tissue
or underneath the mucous membrane.

CONTUSION
Contusion is the effusion of blood into the tissues underneath the skin on
account of the rupture of the blood vessels as a result of the application of
blunt force or violence.

The contusion is red sometimes purple soon after its complete

development.
In 4 to 5 days, the color changes to green.
In 7 to 10 days, it becomes yellow and gradually disappears on the 14th or
15th day
APPEARANCE OF CONTUSIONS/BRUISES

AT FIRST RED

FEW HOURS to 3 DAYS BLUE

4TH DAY BLUISH BLACK to BROWN

5 TO 6 DAYS GREENISH

7 TO 12 DAYS YELLOW

2 WEEKS NORMAL
HEMATOMA (Blood Cyst, Blood tumor)
Hematoma is the extravasation or effusion of blood in a
newly formed cavity underneath the skin. It usually develops
when the blunt instrument is applied in part of the body
where bony tissue is superficially located, like the head,
chest and anterior aspect of the legs.
 MUSCULO-SKELETAL INJURIES
SPRAIN - Partial or complete disruption in the continuity of a muscular or
ligamentous support of a joint. It is usually caused by a blow, kick or
torsion force.
DISLOCATION - Displacement of the articular surface of bones entering
into the formation of a joint.
FRACTURE — Solution of continuity of bone resulting from violence or
some existing pathology.
STRAIN - The over-stretching, instead of an actual tearing or the rupture
of a muscle or ligament which may not be associated with the joint.
SUBLUXATION — Incomplete dislocation.
 GUNSHOT WOUND
Factors Responsible for the Injurious Effects of Missile:
a. Speed of the Bullet
b. Size and Shape of the Bullet
c. Character of the Missile's Movement in Flight (e.g. yawing)
 Short Range Fire (1 to 15 cm. distance)
1. Edges of the entrance wound is inverted.
2. If within the flame reach (about 6 inches in rifle and high powered
firearms and less than 3 inches from an ordinary handgun), there is an
area of burning.
3. Smudging is present due to smoke.
4. "Powder tattooing* is present (dense and limited dimension of
spread).
5. Abrasion ring collar is present (contact ring).
Medium Range Fire (more than 15 cm. but
less than 60 cm.)
1. Gunshot wound with inverted edges and with abrasion
collar is present.
2. Burning effects (skin bum and hair singeing) is absent.
3. Smudging may be present if less than 30 cm. distance.
4. Gunpowder tattooing is present but of lesser density and
has a wider area of distribution.
5. Contact ring is present.
 Fired More Than 60 cm. Distance:
1. Gunshot wound is circular or oval depending on the angle
of approach with abrasion collar.
2. Wound of entrance has no burning, smudging or tattooing.
3. Contact ring is present.
 THERMAL INJURIES OR DEATHS
Thermal injuries are those caused by an appreciable deviation
from normal temperature, capable of producing cellular or tissue
changes in the body. Thermal death is one primarily caused by
thermal injuries.

DEATH OR INJURY FROM COLD

FROSTBITE - It is a condition of exposure to cold temperature or certain
parts of the body which produces mechanical disruption of cell structure,
it leads to swelling, thrombosis and gangrene of the affected tissues.
TRENCH FOOT - A condition usually seem among those walking over
the snow where the foot is exposed to freezing temperature.
DEATH OR INJURY FROM HEAT
1. General or Systemic Effects:
a. Heat cramps. - This is the involuntary spasmodic painful contraction
of muscles essentially due to dehydration and excessive loss of
chlorides by sweating.
b. Heat exhaustion. - This is due to a heart failure primarily caused by
heat and precipitated by muscular exertion and warm clothing.
c. Heat stroke - This usually occurs among those working in
ill-ventilated places with dry and high temperatures or due to a direct
exposure to the sun.
2. Local Effects:
a. Scald. – caused by hot liquid
b. Burns. - dry heat
 MEDICO-LEGAL ASPECTS OF SEX
CRIMES
VIRGINITY AND DEFLORATION
A . VIRGINITY
Virginity is a condition of a female who has not experienced sexual
intercourse and whose genital organs have not been altered by carnal
connection.
A woman is a "virtuous female" if her body is pure and if she has
never had any sexual intercourse with another, though her mind and
heart is impure

The presumption of a woman's virginity arises whenever it is shown that

she is single and continuous until overthrown by proof to be contrary
(U.S. V. Alvarez, 1 Phil. 242). A woman is presumed to be a virgin when
unmarried and of good reputation.
 TYPES OF VIRGINITY
MORAL VIRGINITY — The state of not knowing the nature of sexual life and
not having experienced sexual relation.
PHYSICAL VIRGINITY — A condition whereby a woman is conscious of the
nature of the sexual life but has not experienced sexual intercourse.
TRUE PHYSICAL VIRGINITY — A condition wherein the hymen is intact
with the edges distinct and regular and the opening small to barely admit the
tip of the smallest finger of the examiner if the thighs are separated.
FALSE PHYSICAL VIRGINITY — A condition wherein the hymen is
unruptured but the orifice is wide and elastic to admit two or more fingers of
the examiner with a lesser degree of resistance.
DEMI-VIRGINITY - This term refers to a condition of a woman
who permits any form of sexual liberties as long as they abstain
from rupturing the hymen by sexual act.
"VIRGO INTACTA" - liberal authorities extend the connotation of
the term to include women who have had previous sexual act or
even habitually but had not given birth.
 Parts of the female body to be considered
in the determination of the condition of
virginity:
BREASTS
a. Hemispherical Breast — The breast is like a hemisphere. The
contour lines are not straight but form part of a circle or half of a sphere.
b. Conical Breast — The breast has the shape similar to a cone. The
outline consists of two converging lines which meet at the region of the
nipple.
c. Infantile or Flat Breast — The breast is only slightly elevated from the
chest without distinct boundary and showing no definite shape.
d. Pendulous Breast — The skin of the breast is loose making it
capable of swinging in any direction. This is commonly observed
among parturient breast-feeding mothers. A pendulous breast
may be:
(1) Hemispherical pendulous breast — It has the shape of a
hemisphere but with loose skin.
(2) Conical pendulous breast — It has the shape of a cone and is
capable of swinging sidewise.
VAGINAL CANAL
As a general rule, the vaginal canal of a virgin is tight and the rugosities
are sharp and prominent.

LABIA MAJORA AND LABIA MINORA

The labia majora is firm, elastic and plump and its medial borders are
usually in close contact with each other so as to cover the labia minora and
the clitoris.

FOURCHETTE
The fourchette present a V-shape appearance as the two labia minora
unite posteriorly.
 HYMEN
Physicians give much attention in the examination of the hymen in the
determination of virginity.
Classification of Hymen:
a. As to shape and size of the opening:
(1) Annular or circular — The opening is oval or circular located at the
center of the hymen. There may be indentation of the borders.

(2) Infantile — The opening is small, usually linear, fleshy and resistant.

(3) Semilunar or crescentric — The concavity may be facing either side or

upwards or downwards. The tapering ends of the crescent may be the
frequent sites of laceration.
(4) Linear — The opening is slit-like and usually running vertically.
(5) Cribiform — The hymen presents several openings instead of a
single one. In several instances the openings are quite small and will
require the use of a hand lens to make them visible.
( 6 ) Stellate — hymenal opening is like a star.
(7)Septate — There are two openings which may be of equal or
different sizes separated by a bridge of hymenal tissue. After a sexual
act there may be complete rupture of the bridging tissue or marked
distention of one to make the other opening almost invisible.
(8) Fimbriated — The border of the opening shows small irregular
protrusion towards the opening. In some instances the fimbriation may
be big enough that the examiner may mistake it to be a superficial
laceration.
(9) Imperforate — There is no opening on the hymen. When a woman
starts to menstruate, surgery may be necessary to open the hymen to
allow free passage of menstrual blood.
B. DEFLORATION
Defloration is the laceration or rupture of the hymen as a
result of sexual intercourse. All other lacerations of the
hymen which are not caused by sexual act are not
considered as defloration.
 MEDICO-LEGAL ASPECT OF POISONING
Definition of Poison:
• A poison is anything other than physical agencies which is
capable of destroying life, either by chemical action on the
tissues of the living body, or by physiological action by
absorption into the living system.
• Legally, a poison is a substance which, if applied or
administered internally, has been applied or administered
with the intention to kill or to do harm.
• The intent in the administration is the essential element in
law. The quantity does not affect culpability, nor is the law
concerned with the quantity in which the substance acts.
 CIRCUMSTANCES AFFECTING ACTION
OF POISON
• Method of Administration
• Idiosyncrasy
• Age
• Habit
• Dose
• Stare of the Stomach and Kidneys
SIGNS AND SYMPTOMS THAT MAY LEAD
ONE TO SUSPECT POISONING
1. The complaints and symptoms appear suddenly like an acute
abdomen, apoplexy, heart failure or cholera.
2. The symptoms appear when the individual is at the state of
health.
3. The symptoms usually appear after a meal or after taking
some
food or medicine. The onset of the symptoms is influenced by
the modifying factors mentioned, but it appears within an hour
in most cases.
4. When several persons partake the food or drug at the
same time,
the approximate occurrence of the symptoms is at the same
time.
5. The course of the symptoms may either be getting severe
or having
steady improvement.
6. The detection of the poison can be done on any of the
following:
a. food taken c. vomitus
b. Container d. excretions
 FOOD POISONING
Food poisoning is a state of ill-health resulting from food
which has some abnormal or noxious content.
 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).

If the means employed to prove a fact is medical in nature

then it becomes a medical evidence.

Admissibility of evidence — Evidence is admissible when

it is relevant to the issue and is not excluded by these rules
(Sec. 3, Rule 128, Rules of Court).
 TYPES OF MEDICAL EVIDENCE:
AUTOPTIC OR REAL EVIDENCE:
This is an evidence made known or addressed to the senses
of the court.

LIMITATIONS TO THE PRESENTATION OF AUTOPTIC

EVIDENCE:
a. Indecency and impropriety
b. Repulsive objects and those offensive to sensibilities
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.

Ordinary Witness: A physician who testifies in court on matters

he perceived from his patient in the course of physician-patient
relationship is considered as an ordinary witness.
Expert Witness: A physician on account of his training and
experience can give his opinion on a set of medical facts.
EXPERIMENTAL EVIDENCE:
A medical witness may be allowed by the court to confirm
his allegation or as a corroborated proof to an opinion he
previously stated. 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.
DOCUMENTARY EVIDENCE:
A document is an instrument on which is recorded by means of letters,
figures, or marks intended to be used for the purpose of recording that matter
which may be evidentially used.
Medical Documentary Evidence may be:
a. Medical Certification or Report on:
(1) Medical examination.
(2) Physical examination.
(3) Necropsy (autopsy).
(4) Laboratory.
(5) Exhumation.
(6) Birth.
(7) Death.
b. Medical Expert Opinion
Deposition — A deposition is a written record of evidence
given orally and transcribed in writing in the form of questions
by the interrogator and the answer of the deponent and
signed by the latter

PHYSICAL EVIDENCE:
These are articles and materials which are found in
connection with the investigation and which aid in
establishing the identity of the perpetrator or the
circumstances under which the crime was committed, or in
general assist in the prosecution of a criminal.
 -END-
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