Medical Evidence

Atty Molly Cr Abiog, MD, LlB

University of the Cordilleras
College of Law
 Definition
• Evidence- (Sec. 1, Rule 128)
• The means sanctioned by the Rules of Court of
ascertaining in a judicial proceeding the truth
respecting a matter of fact
• If the means to prove a fact is medical in
nature, then it becomes medical evidence
 Types of Medical Evidence:
1. Autoptic or Real Evidence
2. Testimonial Evidence
3. Experimental Evidence
4. Documentary Evidence
5. Physical Evidence
 Types of Medical Evidence:
1. Autoptic or Real Evidence
• Made known or addressed to the senses of
the court, not limited to vision
• Sec. 1 Rule 130 , Rules of Court:
• Limitations to the presentation of autoptic
or real evidence:
• Indecency and impropriety
• Repulsive objects and those offensive to the
sensibilities
 Types of Medical Evidence

2. Testimonial Evidence
• Physician may be commanded to appear before
the court to give his testimony
• Physician may be presented in court as an
• Ordinary witness or
• Expert witness
 Types of Testimonial Evidence
A. 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
• Sec. 18, Rule 130- Exemption to the ordinary witness
rule, privilege of communication between physician
and patient- (Sec. 24 (c), Rule 130)
• Hearsay information is as a rule not admissible in court (Sec.
30, rule 130)
• Exemption to non-admissibility of hearsay evidence -DYING
DECLARATION (Sec 37, Rule 130)
 Types of Testimonial Evidence
B. Expert Witness:
• A physician on account of his training and
experience can give his opinion on a set of
medical facts
• Sec. 49, Rule 130, Opinion Rule
 Types of Medical Evidence

3. Experimental Evidence:
Example: A doctor may come to court
and give lethal injection of poison to a
rat to demonstrate its effect on human
beings
 Types of Medical Evidence
4. Documentary Evidence:
• Most common is medico-legal certificate
(Bring-out your medico-legal certificate)
• Types:
• Medical Certificate
• Medical Examination, Physical Examination, Necropsy
(autopsy), Laboratory Examination, Exhumation, Birth
Certificate and Death Certificate
• Medical Expert Opinion- Conclusions
• Depositions
Medico-legal History &
Physical Examination Form
(Front page) from the
Medicolegal Logbook as
required by the Police
Authorities
Medico-legal History &
Physical Examination
Form (back page) from
the Medicolegal
Logbook as required by
the Police Authorities
 Types of Medical Evidence
5. Physical Evidence:
• Articles or materials found in connection with the
investigation
• Aids in establishing the identity of the perpetrator or the
circumstances under which the crime was committed, or
• In general assist in the prosecution of the criminal
• Types:
A. Corpus Delicti Evidence - Objects or substances, which
may be part of the body of the crime
Types of Physical Evidence
B. Associative Evidence
• Physical Evidence which links a suspect to a crime.
• e.g. Broken headlights of a car wearing apparel of
offender in the crime scene of rape
C. Tracing evidence
• Physical Evidence that may help the investigator to locate
the suspect
• e.g. Drops of blood going towards the direction
where the suspect fled
 Preservation of Evidences
• Methods of Preserving Evidences:
1. Photographs, Audio or video tape, microfilm,
photostat, photocopy (xerox), voice tracing …
2. Sketching
3. Description
4. Manikin
5. Preservation in the mind of the witness
6. Special Methods
Methods of Preserving Evidences

1. Photography – most practical, useful, reliable

means of preservation
Audio or videotape - Identification of voice from
recording instrument may sometimes be difficult
Methods of Preserving Evidences

Audio recording may be dependent on

1. Speed
2. Volume
3. Pitch
4. Timbre
These may change by the instrument used in the
recording and replaying
Methods of Preserving Evidences

2. Sketching –
• kinds:
• Rough sketch – made at the crime scene or during
examination of living or dead body
• Finished sketch – prepared from the rough sketch for
court presentation
 Sketching Method

Essential Elements of the Sketch

1. Measurement must be accurate
2. Compass direction to facilitate proper orientation
in crime scene
3. Essential items with bearing to the investigation
must be included
4. Scale & proportion must be stated
5. Title & legend to tell what it is & the meaning of
certain marks
Methods of Preserving Evidences

3. Description: Putting into words the person or thing

to be preserved
Minimum Standard Requirements
• Skin Lesion – kind, measurement, location,
orientation
• Penetrating wound (punctures, stab, gunshot) –kind,
shape, location, orientation, direction, other structures
involved, complications and foreign elements that may
be present
 Description Methods

Minimum Standard Requirements

• Hymenal lacerations – location, degree, duration,
complication
• Person – those requirement in portrait parle
Methods of Preserving Evidences:
4. Manikin Method:
• In a miniature model of scene or of a human body
indicating marks of the various aspects of the
things to be preserved
• An anatomical model or statuette may be used and
injuries are indicated with their appropriate
legends
• Although it may not indicate the full detail of the
lesion, it is quite impressive to the viewer as to the
nature and severity of the trauma
 Methods of Preserving Evidences:
5. Preservation in the mind of the witness:
Disadvantages
A. Capacity to remember time, place and event
may be destroyed or modified by the length of
time, age of the witness, confusion with other
evidences, trauma or disease, thereby making
the recollection not reliable
 Preservation in the Mind of the
Witness
• Disadvantages
B. The preservation is co-terminus with the life
of the witness
• If the witness dies, then the evidence is lost
C. Human mind can easily be subjected to too
many extraneous factors that may cause
distortion of truth
• Other persons may influence a witness to serve the
interest of another or state untruthful facts to
justify an end
 Methods of Preserving Evidences:

6. Special Methods
• Special way of treating certain type of
evidence may be necessary
• Preservation may be essential from the time it
is recovered to make the condition unchanged
up to the period it reaches the criminal
laboratory for appropriate examination
 Methods of Preserving Evidences:
6. Special Methods
• Special Methods of Preservation
A. Whole human body – embalming
B. Soft Tissue – 10% formalin solution
C. Blood – refrigeration, sealed bottle container,
chemical preservatives
D. Stains (blood, semen) – drying or sealed container
E. Poison – sealed container
F. Tissue sections
 Kinds of Evidence Necessary for
Conviction

1. Direct Evidence
That which proves the fact in dispute without the aid of any
inference or presumption.
Res ipsa loquitor – evidence speaks for itself
2. Circumstantial Evidence
Proof of fact(s) from which taken either singly or collectively,
the existence of a particular fact in dispute may be inferred as a
necessary or probable consequence
 When is Circumstantial Evidence
Sufficient to Produce Conviction?
1. More than 1 circumstance
2. Fact(s) from which inferences are derived are
proven
3. When combination of all circumstances is such
as to produce a conviction beyond reasonable
doubt (Sec 4, Rule 123, Rules of Court)
 QUALITIES of a GOOD EXPERT
WITNESS:
• Reputable professional background (education,
formal training, office, work/experience,
affiliations)
• Personal integrity and good judgment
• Attitude of competence, credibility and concern
• Objective, neutral, independent and sincere
 QUALITIES of a GOOD EXPERT
WITNESS:
• “the truth, the whole truth and nothing but the
truth”
• Credibility hinges on not just “what” was said but
“how” it was said
• Convincing
• Able to communicate (clear, articulate, simple,
concise; in lay man’s terms)
• A good teacher
 QUALITIES of a GOOD EXPERT
WITNESS:
• Not an advocate even if he/she testifies for only
one side of the case
• Opinions/conclusions are reached independently
of interests of litigants
• Informs the counsel of the party engaging his
services of all favorable and unfavorable
information
• Must acquaint himself/herself of courtroom
procedures, decorum, layout, availability of
presentation aids
 QUALITIES of a GOOD EXPERT
WITNESS:
• Must disclose to the lawyer who engages him
anything that he thinks might affect the
effectiveness of his testimony
• Willing to disagree with so-called authorities if
convinced that they are wrong
• Recognizes that contrary opinions will not
necessarily discredit him
• Most effective if firmly convinced that the theory
of liability espoused by counsel is viable and
he/she corroborates this
 EXPERT WITNESS:

• Entitled to funds covering travel and attendance in

court, and an expert witness fee
• Must not be compensated on a contingent fee basis
• Preferably makes an oral report rather than in
writing
• Is served with a subpoena to indicate he is not a
voluntary witness
• Is put on call during the trial
 Truth
• “A good lawyer wants you to find out the
TRUTH, and he/she wants to know ahead of
time so he/she is not caught by surprise
later on.”
• “If an expert’s opinion is contrary to what
the lawyer expects to prove his case, all is
not lost. He might want to settle rather than
go to trial.”
 Assignment for Lecture 2:

• Make a Trial Brief for the presentation of

an expert witness who is a physician in this
case
• Grade credit for Preliminary Examination:
20% of Final Grade.
• Case: Andawi Jeoffrey
Case Discussion:

J
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Jeoffrey Andawi
Case Discussion:
Jeof
frey
An
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Jeff
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