CAUSES OF DEATH

The primary purpose of medico-legal autopsy is the

determination of the cause of death. It must further be
shown that the death is the direct and proximate
consequence of the criminal or negligent act of someone. If
death developed independent of an unlawful act, then the
person who committed the unlawful act cannot be held
responsible for the death.
 However, there are some post-mortem findings of a
physician which may be useful in the proper adjudication of
the case. The presence of defense wounds on the victim
may qualify the crime to homicide. The presence of
serration or series of cuts in the borders of a stab wounds
may infer multiple thrusts of the wounding instrument and
show the manifest intent of the offender to kill.
 The cause of death is the
injury, disease or the
combination of both injury
and disease responsible for
initiating the trend or
physiological disturbance,
brief or prolonged, which
produce the fatal
termination. It may be
immediate or proximate.
 IMMEDIATE (PRIMARY) CAUSE OF
DEATH

 This applies to cases when trauma or

disease kill quickly that there is no
opportunity for sequelae or complication to
develop. An extensive brain laceration as a
result of a vehicular accident is an example
of immediate cause of death.
Slice of Lung with Lobar
Consolidation
 This slice of right lung shows
consolidation of the middle lobe,
which appears greyish compared to
the surrounding non-consolidated
lobes. The middle lobe was
uniformly firm and maintained its
shape, whereas the surrounding
lung collapsed somewhat. The
white nodules are metastatic
carcinoma, and the pneumonia was
the immediate cause of death.
 When opacification of the lung
appears spherical, the term mass,
rather than consolidation, is often
used, and the cause is commonly
tumor.
 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 caused the death. If stab wound in the abdomen
later caused generalized peritonitis, then peritonitis is the
proximate cause of death.
Glycogen storage disease type II.
Photomicrograph of the liver. Note
the regular reticular net and
hepatocytes vacuolization (Gordon-
Sweet stain, original magnification
X 25).
Glycogen storage disease type II.
Photomicrograph of the liver. Note
the intensively stained vacuoles in
the hepatocytes (periodic acid-
Schiff, original magnification X 27).
 The MANNER OF DEATH is
the physiologic derangement
or biochemical disturbance
incompatible with life which is
initiated by the cause of death.
It may be hemorrhagic shock,
metabolic disturbance,
respiratory depression,
toxemic condition, cardiac
arrest, tamponade, etc.
 Cardio-respiratory arrest is a
terminal mechanism of most
causes of death and can never
stand independently as a
reasonable explanation for the
fatality. The cause of such
arrest must be stated, like
hemorrhage, skull fracture,
sepsis, trauma on the chest,
etc. to make it valid as specific
cause of death.
MANNER OF DEATH

 Is the explanation as to
how the cause of death
came into being or how
the cause of death arose.
The manner of death may
be natural or violent.
NATURAL DEATH
 It is natural when the
fatality is caused solely
by disease (lobar
pneumonia, ruptured
tubal pregnancy,
cancerous growth,
cerebral hemorrhage
due to hypertension,
etc.)
 The consecutive investigations demonstrate the
variable appearance with lobar pneumonia ,
bronchopneumonia (4 wks) .abscesses.
VIOLENT OR UNNATURAL
DEATH
 Death due to injury of
any sort (gunshot, stab,
fracture, traumatic
shock, etc.). A physician
must not include in the
consideration of the
manner of death that
such violent death is
suicidal, accidental or
homicidal.
MEDICO-LEGAL MASQUERADE
Violent deaths may be accompanied by minimal
or no external evidence of injury or natural death
where signs of violence may be present. In a
case of homicide, the medical findings may tend
to favor suicide or accidental death, and vise
versa. Case of such nature infer that the medical
examination and police investigation and
evaluation is far from being complete.
DEGREE OF CERTAINTY TO THE CAUSE OF DEATH:

1. When the structural abnormalities established beyond

doubt the identity of the cause of death (Ex.: Intracerebral
spontaneous hemorrhage, stab wound with profuse
hemorrhage, crushing head injury in vehicular accident,
etc.).
2. When there is that degree of probability amounting to
almost certainty the cause of death. (Ex.: Lobar
pneumonia, electrical shock).
3. When the cause of death is established
primarily by historical facts which are confirmed
or supported by positive or negative anatomic or
chemical findings. (Ex.: Tetanus, hydrophobia,
drug reaction).
4. When neither history, laboratory and anatomic
findings, taken individually or in combination in
sufficient to determine the cause of death but
merely speculate as to the cause of death. (Ex.:
Crib, death among infants, Iatrogenic disease).
USE OF THE TERM “Probably”

As much as possible the use of the term

“probably” as a qualification to a cause of death
must be discouraged in as much as it is not
definite. In the prosecution of criminal case if the
resulting cause of death is merely a probable
consequence of a criminal act, and may lead to
the acquittal of the accused.
 If sometime after painstaking efforts the
examiner cannot ascribe a definite cause of
death on the body lesions found, the use of the
“probably” in the cause of death may tolerated.
Steps in the Intellectual Process in the Determination
of the Cause of Death:

1. Recognition of the structural organic changes or

chemical abnormalities responsible for cessation of vital
functions.
2. Understanding and exposition of the mechanism by
which the anatomic and other deviations from normal
actually caused the death, or how the deviation created
or initiated the train of sufficiently potent functional
disturbance which led ultimately either to cardiac
standstill or to respiratory arrest.
Instantaneous Physiologic Death (Death from Inhibition,
Death from Primary Shock, Syncope with Instantaneous
Exitus):
 This is sudden death which occurs within seconds or a
minute or two (no more) after a minor trauma or
peripheral stimulation of relatively simple and ordinarily
innocuous nature. The peripheral irritation or stimulation
initiates the cardio-vascular inhibitory reflex. The
fulminant circulatory failure is caused by (vagocardiac)
slowing or stoppage of the heart, reflex dilatation with
profound fall in blood pressure or a combination of both
mechanisms.
A blow to the larynx or solar plexus, a kick in the
scrotum, pressure on the carotid sinus, etc. can
cause such death.
DEATH OF
INHIBITION can be
made only exclusion
and is completely
dependent on the
availability of
accurate information.
After serious natural
disease has been
eliminated by autopsy
and toxicological
analyses are
noncontributory,
then only the
physiologic death
may be entertained.
Among the disease wherein there are no specific findings,
pathognomic of a disease still determined are:
SUDDEN INFANT DEATH SYNDROME (CRIB DEATH)
– This is unexpected death of infants, usually under six
months of age, while in apparently good health. The
sudden death cannot be predicted and there is no way to
prevent or foretell on the basis of present knowledge.
Although autopsies in some of the cases revealed the
presence of congenital heart disease or abnormality,
contagious disease, nutritional deficiency and other
pathological conditions, no consensus has yet been
arrived at as to the definite cause of death.
 SUDDEN UNEXPLAINED NOCTURAL DEATH
(SUND) –This is known as “pok-kuri” disease in
Japan and “bangungut in the Philippines. It is the
sudden death of healthy men of young of age
seen in East. Asian countries. Awareness of
relatives and prompt delivery of resuscitation are
the only effective means of treatment.
 The term DEAD ON ARRIVAL (DOA) must not be
construed literally. It may mean that the patient was
actually dead on arrival or was dying on arrival. Death
occurs on a precise time while dying is a continuing
process. If a patient is dead then the procedure of
management is resuscitative or to let him return to life
again, while if the patient is dying, the procedure is to
apply emergency measures to prevent death from
ensuing.
 DOA may be placed in the item “cause of death” in the
death certificate even if the patient has stayed alive in the
hospital or clinic for sometime provided the attending
physician had not been given ample opportunity to arrive
at a working diagnosis as to the cause of death. The
working diagnosis need not be precise and exacting. It is
sufficient that there are some bases to such conclusions.
 If the attending physician cannot determine the cause
of death, it will be much more appropriate to place under
“Cause of Death” in the Death Certificate “undetermined”
rather than DOA. It is more responsive to the purpose
why such item is included in the certificate.
1.MEDICO-LEGAL CLASSIFICATION OF THE CAUSES OF
DEATH:
 
• Natural Death:
• Violent Death:
• Accidental death.
• Negligent death.
• Infanticidal death.
• Parricidal death.
• Murder.
• Homicidal death.
 NATURAL DEATH:
This is death caused by a
natural disease condition in
the body. The disease may
develop spontaneously or it
might have been
consequence of physician
inflicted prior to its
development. If a natural
disease development without
the intervention in the
felonious acts of another
person, no one can be held
responsible to the death.
 “Sudden death” is the termination of life which comes
quickly under circumstances when is arrival is not
expected. It may be due to natural or violent cause. Heart
diseases and cerebral apoplexy are the most common
causes of deaths due to natural causes, while poisoning,
asphyxia and severe trauma are frequent causes of
violent death.
 
The natural death may or may not be associated with
violence. Although the history and external findings may
show that death is due to natural cause, a complete
autopsy must be made to determine exactly the cause of
death and exclude the possibility of violent cause.
 If signs of violence are associated with the natural
cause of death, the physician must be able to answer the
following question:
 
Did the Person Die of a Natural Cause and were the
Physician Injuries Inflicted Immediately After Death?
If violence was applied on a dead person, the person
inflicting the physical injuries cannot be guilty of murder,
homicide or parricide. The act is consider to be an
impossible crime and is penalized as such. In order that it
may be considered an impossible crime, the person
inflicting the physician injuries must have no knowledge
that the victim is already dead at the time of infliction.
Criminal liability shall be incurred by any person who
performs an acts
which would be offense against persons and property,
were it not for the inherent impossibility of its
accomplishment. . .(Art. 4, No. 2, Revised Penal Code).
The court having in mind the social danger and the
degree of criminality shown by the offender shall impose
upon him the penalty of arresto mayor of a fine ranging
from 200 to 500 pesos. (Art. 59, revised Penal Code).
“A” has a grudge and wanted to kill “B”. One night “A’
entered the bedroom of “B”, and without knowing that “B”
died of heart failure an hour ago, inflicted several stab
wounds on “B” “A” cannot be held liable for murder
because it is an impossible crime. “B” was already dead
when the stab wounds were inflicted. However, the law
still imposes penalty for such act depending upon the
degree of criminality and social danger of the offender
(Art. 59, revised Penal Code).
Was the Victim Suffering from a Natural Disease and the
Violence Only Accelerate the Death?
If the violence inflicted on a person suffering from a
natural disease only accelerate the death of the victim,
the offender inflicting such violence is responsible for the
death of the victim. It is immaterial as to whether the
offender has no intention of killing the victim. The fact
that the victim died, the offender must be held
responsible to whatever be the consequence of his
wrongful act.
 Criminal liability shall be incurred by any person
committing felony although the wrongful act done be
different from which he intended (Art. 4, No.1, Revised
Penal Code).
Example:
“A” gave a blow in the abdomen of “B”. Unfortunately
“B” died of severe abdominal hemorrhage due to the
traumatic rupture of the liver which was severely disease.
“A” is liable for the death of ”B”, even if “A” has no
intention to kill “B”. “A” must be liable for consequences
of his felonious act. However, he may avail himself of the
mitigating circumstances that he had no intention to
commit so grave a wrong as that committed (Art. 13,
Revised Penal Code).
 A blow with a fist or a kick, although it did not produce
external injuries but inflammation of the spleen
peritonitis and although the victim was previously
affected with the disease, the accused must be
responsible for the death because he accelerate the
time of death by his voluntary and unlawful act (U.S v.
Rodriguez, 23 Phil. 22).
The deceased was suffering
from tuberculosis. The
accused gave fist blow in
the hypochondriac region
which caused bruising of the
liver, followed by internal
hemorrhage and death. The
accused is liable for
homicide (People v. Ilustre,
54, Phil.544).
Did the victim die of a Natural Cause Independent of the
Violence Inflicted?

If a person died of a natural cause and the physical

injuries inflicted are independent of the cause of death,
the accused will not be responsible for the death but
merely for the physical injuries had inflicted.
Example:

“A” and “B” are sweethearts.”A” at the fit of anger

slapped “B” in the face.”B’ is suffering from severe heart
disease. After the slapping “B’ died of heart failure. “A”
cannot be held responsible for the death of “B”. He can
only be held for slight physical injury brought about by the
slapping.
 The defendant struck a boy with the back of his hand
on the mouth. Although the mouth was bleeding, he was
able to work. A few days later, he developed fever and
died. The court believed that the fever which caused the
death was not the direct consequence of the injury
inflicted. It was not denied that malaria fever was
prevalent in the locality, so it was quite probable that the
death was due to a natural cause. The defendant was
acquitted (U.S. v. Palaton, 49 Phil. 117).
 To make the offender liable for the death of the victim,
it must be proven that the death is natural consequence
of the physical injuries inflicted. If the physical injuries is
not the proximate cause of the death of the victim, then
the offender cannot be held liable for such death.
Proximate cause is that cause, which in natural and
continuous sequence, unbroken by an efficient
intervening cause, produces injury or death, and without
which the result would not have occurred.
 So in natural death with concomitant physical injuries, it
is necessary for the physician to determine whether the
physical injuries would accelerate the death, or the
injuries itself developed independently and produced the
death or that the person died absolutely of a natural
cause.
 A physician must determine for the interest of justice
with absolute care at autopsy and laboratory examination
the real cause of death. Opinion evidence must be given
with caution and must be made after a thorough
deliberation of the facts and other findings.
THE FOLLOWING ARE THE DEATHS DUE
TO NATURAL CAUSE:

AFFECTION OF THE CENTRAL NERVOUS SYSTEM:

CEREBRAL APOPLEXY:
The sudden loss of consciousness followed by paralysis
or death due to hemorrhage from thrombosis or
embolism in the cerebral vessels.
 
i.Cerebral hemorrhage:
This is brought about by the breaking or rupture of the
blood vessels inside the cranial cavity.
Cerebral hemorrhage
ii.Cerebral Embolism:
This is the blocking of the cerebral blood vessels
by bolus or matters in the circulation.
iii.Cerebral Thrombosis:
This is the occlusion of the lumen of the cerebral
vessels by the gradual thickening of its wall
thereby preventing the flow of blood peripheral to
it.
acute deep cerebral venous thrombosis
of.
ABSCESS OF THE BRAIN
A circumscribed accumulation of infective
materials in certain areas of the brain. It may
produce coma or death when it ruptures or when
it produces acute edema of the brain.
MENINGITIS OF THE FULMINANT TYPE:
There is inflammation of the covering
membranes of the brain due to infection or some
other causes.
Brain abscess
(2)AFFECTION OF THE CIRCULATORY SYSTEM:

(a)OCCLUSION OF THE CORONARY VESSEL:

The occlusion may be due to embolism,
thrombosis or stenosis of the coronary openings.
This is the most common cause of sudden death due
to natural cause.
(b)FATTY OR MYOCARDIAL DEGENERATION OF
THE HEART:
The heart muscles may gradually degenerate and
replaced by fatty or fibrous tissue such that extra
strain put on the heart may produce sudden heart
failure.
(C) RUPTURE OF THE ANEURYSM OF THE
AORTA.
(d)VALVULAR HEART DISEASE:
The valves of the heart may be diseased either
to become insufficient or stenotic and may
produce sudden death.
(e)RUPTURE OF THE HEART:
This is found in severe cardiac dilatation with
fibrosis of the myocardium.
 
(3) AFFECTIONS OF THE RESPIRATORY
SYSTEM:

(a) Acute edema of the larynx:

This may develop from acute infection or
from swallowing irritant substance.
(b) Tumor of the larynx.
(c) Diphtheria.
(d) Edema of the lungs.
(e) Pulmonary embolism.
(f) Lobar pneumonia.
(g) Pulmonary hemorrhage:
Severe coughing or slight exertion may
rupture a normal or diseased pulmonary vessel
causing severe hemorrhage.
(4) AFFECTION OF THE GASTRO-
INTESTINAL TRACT:

(a) Ruptured peptic ulcer.

(b) Acute intestinal obstruction.

(5) AFFECTIONS OF THE GENITO-URINARY
TRACT:

(a) Acute strangulated hernia.

(b) Ruptured tubal pregnancy.

(c) Ovarian cyst with twisted pedicle.

(6) AFFECTION OF THE GLANDS:

(a) Status thymico-lymphaticus:

This is a condition associated with the enlargement
of the thymus and hyperplasia of the lymphoid
tissues in general.
(b) Acute Hemorrhagic Pancreatitis;
An acute inflammation of the pancreas
accompanied with hemorrhages and in some cases
suppuration and gangrene.
(7)SUDDEN DEATH IN YOUNG CHILDREN:

(a) Bronchitis.
(b) Congestion of the lungs.
(c) Acute bronchopneumonia.
(d) Acute gastro-enteritis.
(e) Convulsion.
(f) Spasm of the larynx.
b. VIOLENT DEATH:

Violent deaths are due to injuries inflected in the

body by some forms of outside force. The physical
injury must be the proximate cause of death.
 The death of the victim is presumed to be natural
consequence of the physical injuries inflicted, when
the following facts are established;
(1)That the victim at the time the physical injuries
were inflicted was in normal health.
(2)That the death may be expected from physical
injuries inflicted.
(3)That death ensued within a reasonable time
(People v. Datu Baginda, C.A. 44 O.g 2287)
CLASSIFICATION OF TRAUMA OR INJURIES:

(1)Physical Injury- Trauma sustained thru the use of

physical force.
(2)Thermal Injury-Injury caused by heat or cold.
(3)Electrical Injury-Injury due to electrical energy.
(4)Atmospheric Injury-those due to the change of
atmospheric pressure.
Physical Injury
(5)chemical Injury-those caused by chemicals.
(6)Radiation Injury-Those brought about by
radiation.
(7)Infection-Those caused by microbic invasion.
 In violent death, the death of the victim is not due
to the natural and direct consequence of the injuries
inflicted. If there is an intervening cause other than
the physical injuries, then the offender cannot be
held liable for the death of the patient.
 Refusal of the victim to submit to a surgical
operation does not relieve the accused from the
natural and ordinary result of the felonious act and
does not relieve him of his criminal liability (U.S. v.
Marasigan, 27 Phil.504)
 The accused inflicted physical injuries to the victim.
While the victim was undergoing medical treatment, he
removed the drainage from his wound and as a result of
which he died of peritonitis. The defense made by the
offender is that the deceased could not the natural
consequence of the mortal wound. The victim in
removing the drainage from his wound did not appear as
acting voluntarily and with knowledge that he was
performing an act prejudicial to his health (People v.
Quianzon, 62 Phil. 162).
PENAL CLASSIFICATION OF VIOLENT
DEATHS:

(1)ACCIDENTAL DEATH:
Death due to misadventure or accident. An accident is
something that happens outside the sway of our will, and
although it comes about through some act of will, lies
beyond bounds of human foreseeable consequences.
In A pure accidental death, the person who causes the
death is exempted from criminal liability.
Art.12, No.4, Revised Penal Code
Exempting circumstances.
The following are the exempt from criminal liability:
4. Any person who, while performing a lawful act
with due care, causes an injury by mere accident
without fault or intention of causing it.
ELEMENTS OF THE PROVISION:

(a)A person is performing a lawful act.

(b)He performed it with due care.
(c)He caused injury to another by mere accident.
(d)He is without fault and with no intention of
causing it.
Example:

A patient died a few minutes after the

administration of penicillin by injection. The
physician took the history from the patient as to
the presence of allergic diseases, made the
necessary tests and took other necessary
precautions to prevent any untoward reaction.
The physician cannot be held liable for the death
of the patient because it is purely accidental.
 A driver who, while driving his automobile on the
proper side of the road at a moderate speed and
with due diligence, suddenly and unexpectedly sees
a man in front of his vehicle coming from the
sidewalk and crossing the street without any warning
that he would do so, but because it is not physically
possible to avoid hitting him, the said driver runs
over the man. He is not criminally liable, it being a
mere accident (U.S. v. Tayongtong, 21 Phil. 476,
cited by L. Reyes).
 The accused was a diver of a loaded truck.
While driving at a curve the front tire exploded
and as a consequence of which the truck fell in a
ditch and pinned one of the passengers. The tire,
engine, brake and wheel were in good condition
before the incident. HELD: There being no proof
of excessive speed, the accident under
consideration liability of the driver (People v.
Hatton (C.A. 49 O.G 1866)
 The accused while hunting saw wild chickens
and fired a shot. He heard a human being cry
and found that the victim was hit. There was no
evidence of the intention of the accused to kill
the deceased. HELD: If life is taken by
misfortune while the actor is in the performance
of a lawful act executed with due care and
without intention of doing harm, there is no
criminal liability (U.S. v. Tanedo, 15 Phil. 196)
(2)NEGLIGENT DEATH:

Death due to reckless imprudence, negligence,

lack of skill or lack of foresight.
The Revised Penal Code provides that felonies
may be committed when the wrongful act results
from imprudence, negligence, lack or foresight or
lack of skill.
If death occurred due to the reckless of someone,
he may be charged for homicide through reckless
imprudence.
Example:

A surgeon while performing a laparotomy to arrest

bleeding left foreign bodies (forceps or gauze) inside
the abdominal cavity and as result of which the
patient died. The surgeon is liable for homicide
through reckless imprudence.
 A physician is equally liable for the same offense if
the untoward effect of the administration of drug
administered is due to want of the necessary
precautionary measures in the administration of the
drug.
 If a person does a act and death of the victim is a
plain foreseeable consequence, then it is not
accidental but homicidal through simple negligence
or reckless imprudence.
 The defendant fired a shot on the ground to pacify
a quarrel. The bullet ricocheted and hit a bystander
who died thereafter. The defendant that he did not
exercise precautionary measures, considering that
the place is populated and there is likelihood to hit a
bystander. (people v. Nocum, 77 Phil. 1018)
(3)SUICIDAL DEAHT (DESTRUCTION OF ONE’S SELF):

The law does not punish the person committing

suicide because society has always consider a
person who attempts to kill himself as an
unfortunate being, a wretched person deserving
more of pity than of penalty.
 But, a person who gives assistance to the
commission of suicide of another is punishable
because he has no right to destroy or assist in the
destruction of the life of another.
Art. 253 Revised Penal Code:

Giving assistance to suicide:

Any person who shall assist another to
commit suicide shall suffer the penalty of
prision mayor; if such person lends his
assistance to another to the extent of doing
the killing himself he shall suffer the penalty of
reclusion temporal. However, if the suicide is
not consummated the penalty of arresto
mayor in its medium and maximum periods
shall be imposed.
Acts Punishable in Giving Assistance to Suicide:

The offender assisted in the commission of

suicide of another which was consummated.
The offender gave assistance in the
commission of suicide to the extent of doing
the killing himself which is consummated.
The offender assisted another in the
commission of suicide which is not
consummated.
(4.)PARRICIDAL DEATH (KILLLING OF ONE’S
RELATIVE):

Art. 246, Revised Penal Code:

Parricide
Any person who shall kill his father, mother, or
child, whether legitimate or illegitimate, or any of his
ascendants or descendants, or his spouse, shall be
guilty of parricide and be punished by the penalty of
reclusion perpetua to death.
Requisites of the Crime:

A person was killed by the offender.

The person killed was the father, mother, or
child, whether legitimate or illegitimate in
relation with the offender, or other ascendants
or descendants, or spouse of the offender.
The father, mother or child killed must either
be legitimate or illegitimate to make it
parricide, so that the killing of one’s
illegitimate father is parricide.
But, insofar as with the other ascendants or
descendants or spouse, it must be legitimate or
illegitimate to make it parricide. Thus, the killing of a
common-law wife or one’s illegitimate grandfather is
not parricide.
A moro who has three wives and killed the last
married to him cannot be guilty of parricide.
A stranger who cooperated and took part in the
commission of the crime of parricide is not guilty of
parricide but only of homicide or murder as the case
may be. (people V. Patrio, 46 Phil. 875).
(5)INFANTICIDAL DEATH (KILLING OF A CHILD LESS
THAN THREE DAYS OLD):

Art. 255 Revised Penal Code:

Infanticide:
The penalty provides for parricide in article 246
and for murder in article 248 shall be imposed upon
any person who shall kill any child less than three
days of age.
If the crime penalized in this article be committed by
the mother of the child for the purpose of concealing
for dishonor, she shall suffer the penalty of prision
correctional in its medium and maximum periods,
and if said crime be committed for the same purpose
by the maternal grandparents or either of them, the
penalty shall be prision mayor.
Requisites of the Crime:

A person was killed.

The person killed was a child less than three
days old.
The penalty to be imposed depends upon the
killer of the child. If the killer is the father,
mother or any of the legitimate ascendants,
the penalty corresponding to parricide shall
be imposed. If killing is made by any other
persons, the penalty for murder shall be
imposed.
There is no medical explanation why three days is
made to distinguish infanticide form murder and
parricide.
Concealment of the honor is not an element of the
crime but only mitigates penalty. So that If the
mother or the maternal grandparents killed the child
to conceal the dishonor the penalty for parricide is
not imposed but only the one provided in the second
paragraph of art.255.
(6)MURDER

Art.248, Revised Penal Code:

Murder:
Any person who, not falling within the provisions of
article 246 shall kill another, shall be guilty of murder
and be punished by reclusion temporal in its
maximum periods of death, if committed with any of
the following circumstances:
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.
In consideration of price, reward or promise.
By means of inundation, fire, poison,
explosion, shipwreck, stranding of vessels,
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin;
On occasion of any of calamities enumerated in the
preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any
other public calamity;
With evident premeditation;
With cruelty, by deliberately inhumanly augmenting
the suffering of the victim, or outraging, or scoffing at
his person or corpse.
Requisites for the crime of Murder:

The offender killed the victim.

The killing is attended by any of the qualifying
circumstances mentioned;
There was intent of the offender to kill the victim;
The killing is not parricide or infanticide.
Whenever the killing is attended by more than one of
the qualifying circumstances mentioned, only one of
the them will make the killing, murder and rest will be
consider as generic circumstances.
The presence of several wounds inflicted by the
offender proves murder because there is cruelty if
the victim is alive, or scoffing or outraging at the
corpse if inflicted after death.
The presence of gunshot wound of entrance
at the back as a general rule qualifies act to
murder because there was treachery. There
is treachery when the offender commits any
of the crimes against person, employing
means, or method, or form in its execution
thereof which tend directly or specially to
insure its execution, without risk to himself
arising form the defense which the offended
party may make. (Art. 14, Par.16, Revised
Penal Code)
(7)HOMICIDAL DEATH:

Art.249, Revised Penal Code:

Homicide:
Any person who, not falling within the provisions of
article 246 shall kill another without the attendance
of any of the circumstances enumerated in the next
preceding article shall be deemed guilty of homicide
and be punished by reclusion temporal.
Requisites of the Crime of Homicide:

The victim of a criminal assault was killed;

The offender killed the victim without any
justification;
There is the intention on the part of the
offender to kill the victim and such
presumption can be inferred from the death of
the victim;
That the killing does not fall under the
definition of the crime of murder, parricide or
infanticide.
If a pharmacist wrongly compounds a
prescription correctly prescribed by the
physician and lethal dose of poisonous drugs
were included and as a result of which the
patient almost died. The crime committed is
physical injuries through reckless
imprudence. It cannot be frustrated homicide
through reckless imprudence because of the
absence of intent to kill by the pharmacist.
(people v. Castillo, 76 Phil. 72)
Frustrated homicide is distinguished from
physical injuries in that in the commission of
the latter there is no intent to kill.
DEATH UNDER SPECIAL
CIRCUMSTANCES:

(1)DEATH CAUSED IN A TUMULTUOUS AFFRAY;

Art. 251 Revised Penal Code:

When while several persons, not composing groups
organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and
in the course of affray someone is killed, and it cannot
be ascertained who actually killed the deceased, but
the person or persons who inflicted serious physical
injuries can be identified, such person or persons shall
punished by prision mayor.
 If it cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of
prision correctional in its medium and maximum
periods shall be imposed upon all those who have
used violence upon the person of the victim.
Requisites of the Crime:

The person was killed in a confused or tumultuous

affray;
That the actual killer is not known; and
That the person or persons who inflicted the serious
physical injuries or violence are known.
(2)DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES:

Art.247, Revised Penal Code:

Any legally married person who, having surprised
his spouse in the act of committing sexual
intercourse with another person, shall kill any of
them or both of them in the act or immediately
thereafter, or shall inflict upon the them any serious
physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
These rules shall be applicable , under the same
circumstances, to parents with respect to their
daughters under eighteen years of age and their
seducers, while the daughters are living with their
parents.
 Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.
REQUISITES OF THE CRIME:

(a) SURPRISE OF THE SPOUSE:

i. There must be valid marriage.
ii. That the guilty spouse was caught by surprise in
the act of committing sexual intercourse with another
person.
iii. That the killing or the injury was inflicted to either
or both at the very ac or immediately thereafter.
(b) SURPRISE OF A DAUGHTER:

i. The I daughter is below 18 years of age.

ii. The daughter is living with the parents.
iii. The parents caught her by surprise committing
sexual intercourse with the seducer.
iv. The killing was done at the very act of sexual
intercourse or immediately thereafter.
2.PATHOLOGICAL CLASSIFICATION OF THE CAUSES
OF DEATH:

An analysis of all deaths from natural cause will

ultimately lead to the failure of the heart, lungs, and
the brain, so that death due to pathological lesions
may be classified into:
Death from Syncope
Death from Asphyxia
Death from Coma
 All of the above mentioned conditions invariably
produce the so-called sudden death. SUDDEN
DEATH is the termination of life which comes quickly
when it is not expected.
DEATH FROM SYNCOPE:
This is death due to sudden and fatal
cessation of the action of the heart with
circulation included.
CAUSES OF DEATH FROM SYNCOPE:
Coronary disease, as embolism or
thrombosis.
Rupture of the heart through softened infarct.
Myocardial degeneration.
Valvular diseases.
Rupture of the aortic and other aneurysm.
Systemic embolism occurring in bacterial
endocarditis.
Congenital heart diseases of the newborn.
Reflex inhibition of the heart or of the cardiac center,
as in shock, emotion or blow over the area of some
of the sensory nerve.
Arterial hypertension with sclerosis.
Deficiency of blood as in profused
hemorrhage, especially if sudden.
Exhaustive diseases.
Extensive injury to the body from
mechanical cause.
SYMTOMS OF SYNCOPE:

Person falls and motionless.

Face is pale.
Pulse at the wrist disappears or is filiform.
Respiration ceases.
In non-fatal cases, consciousness returns in a few
second, but in fatal ones, the following other
symptoms appear:
Person breaks out into cold sweat.
Dimness of vision.
Pulse rapid or filiform.
There may be vomiting and involuntary movement of
the limbs.
The person may be passing into the state of
delirium.
Death may be preceded by convulsion.
b.DEATH OF ASPHYXIA:

Asphyxia is a condition in which the supply of

oxygen to the blood or to the tissues or to both has
been reduced below normal working level.
CAUSES OF DEATH FROM ASPHYXIA:

Diseases of the respiratory system, as pneumonia,

acute bronchitis, bronchitis in infancy, rupture of the
blood vessel in pulmonary tuberculosis with
cavitations.
Impaction of foreign bodies in the larynx.
Compression of the larynx.
Pressure on the respiratory tract due to tumor, or
intracranial hemorrhage.
Strangulation, suffocation, hanging, drowning,
inhalation or irritant gases.
Refraction of the atmosphere.
Causes operating in the nervous system:
Paralysis of the respiratory muscles or respiratory
center from injury or disease or action of poison.
Fixation of the respiratory muscles from over
stimulation of the spinal cord as in strychnine
poisoning.
Causes operating from the lung or pulmonary
circulation:
Causes operating from the lung or pulmonary
circulation:
Pleurisy with effusion.
Emphysema.
Pulmonary embolism.
Pulmonary thrombosis.
SYMPTOMS OF ASPHYXIA:

STAGES OF INCREASING DYSPNEA:

This stage usually lasts from ½ to 1 minute:
Increased rate and depth of respiration, leading to
difficulty of breathing (dyspnea).
Exaggerated movement of in aspiratory muscles
soon replaced by exaggerated expiration.
Rise of blood pressure, consequently the heart beat
becomes quicker and more forcible.
Person becomes bluish and consciousness is lost.
Pupils are contracted.
STAGES OF EXPIRATORY
CONVULSION:

This stage lasts for about a minute:

i.Marked expiratory effort.
ii.Convulsive movement of the limbs accompanied
by expiratory effort.
iii.Blood pressure gradually lowers owing to the
failure of the heart due to lack of oxygen.
STAGES OF EXHAUSTION:

This stage lasts for about three minute. The person

lies still except for occasional deep inspiration. Blood
pressure falls and pupils are dilated.
POST-MORTEM FINDINGS IN DEATH FROM
ASPHYXIA:

EXTERNAL FINDINGS:

Lividity of the lips, fingers and toenails.

Livid markings on the skin.
Marked post-mortem lividity.
INTERNAL FINDINGS:

Lungs:
i.Lungs engorged with dark blood.
ii.On section, there is dark color frothy exudation.
iii.Punctiform hemorrhages of the pleura (Tardieu
Spots)
iv.Reddish discoloration of the trachea and bronchial
mucous membrane.
Heart:

i.Subpericardial petechial hemorrhages.

ii.Right ventricle of the heart dilated and engorged.
iii.Left side of the heart and arterial system empty.
Abdominal viscera congested.
Brain congested and may show punctiform
hemorrhages.
Blood dark in color.
Rigor mortis has slow onset.
c. DEATH OF COMA:

Coma is the state of consciousness with insensibility

of the pupil and conjunctivae, and inability to
swallow, resulting from the arrest of the functions of
the brain.
the man playing with his kids nearly out
of 3 month coma.
CAUSES OF COMA:

GROSS LESIONS OF THE BRAIN:

Depressed fracture.
Apoplexy.
Embolus.
Abscess.
Tumor.
POISONS:

Uremia.
Chloemia
Acetonemia
Ingested morphine
Ingested alcohol.
SYMPTOMS OF COMA:

Person unconscious.
Breathing is stertorous.
Pulse is full but intermittent.
Cold, clammy perspiration.
Imperfect perception of sensory impression.
Delirium.
Imperfect perception of sensory impression.
Delirium.
Relaxation of all sphincter muscles.
Accumulation of mucous in the respiratory
passages.
POST-MORTEM FINDINGS:

The findings in coma are the same as in asphyxia,

and in addition, there is congestion of the brain and
the spinal cord.