CHAPTER 1

LEGAL MEDICINE
Legal Medicine
- Is that branch of medicine that applies,
medical and surgical concepts, scientific
knowledge and skills to medico legal
issues, in order to assist the trier of facts
in the proper dispensation of justice.

Medical Jurisprudence
- is the study of the Medical Law and its
applicable Jurisprudence that governs,
regulates and defines the practice of
medicine.

In the Philippines, Legal Medicine is the
appropriate name for Forensic Medicine.
Modern Legal medicine has a broad range
of applications, it is used in civil cases such
as paternity and filiation, annulment of
marriage, DNA testing , etc.
In all cases the medical examiner must
conduct an investigation of the crime scene
and also an autopsy.

TECHNIQUES OF LEGAL MEDICINE:
- Legal Medicine uses sophisticated
laboratory techniques to detect the
presence LEGAL MEDICINE.docxof
substances in the victim, in the suspected
criminal, or at the crime scene.
- Forensic examination of substances found
at a crime scene can often establish the
presence of the suspect at the crime
scene.

LEGAL MEDICINE AND THE LEGAL SYSTEM
- Courts routinely call upon physicians to
give expert testimony in a trial, especially
concerning the findings of an autopsy and
the results of laboratory tests.
- As an expert witness he is allowed to
express an opinion about the validity of
the evidence in a case and may quote the
statements of other experts in support of
an opinion.
- Ordinary testimony is restricted to
statements concerning what the witness
actually saw or heard.
- The evidence to be presented by the legal
medicine expert must signify a relation
between the facts called the Factum
Probandum or proposition to be
established and the factum Probans
which is the material evidencing the
proposition.
- The Physician must present RELEVANT,
MATERIAL AND COMPETENT EVIDENCE.

HISTORY OF LEGAL MEDICINE:
- Paulus Zacchias ( 1584 1659 ) is the
Father of Forensic Medicine. He was the
first to describe the importance and
application of medicine to the proper
administration of justice.

- In the Phil. , the father of Legal Medicine
can be rightfully bestowed to Dr. Pedro P.
Solis. His book on Legal Medicine
copyrighted in 1987, contains the most
extensive treatise and teachings in
Philippine Legal Medicine.

APPLICATION OF LEGAL MEDICINE TO LAW:
Legal Medicine is Applied to Law
1. Civil law
- the determination and termination of
civil personality
- the limitation or restriction of a natural
persons capacity to act
- marriage and legal separation
- paternity and filiation
- testamentary capacity of a person
making a will
- the right to hereditary succession


2. Criminal Law

- Felonies and circumstances which affect
criminal liability
- Civil liability ex delictu
- Crimes relative to opium and prohibited
drugs
- Crimes against persons
- Crimes against chastity
- Crimes against civil status of persons
- Quasi offenses

3. Remedial Law

- Physical and Mental Examination of a
person
- Hospitalization of insane persons
- Rules of Evidence



4. Special Laws
- Dangerous Drug Act
- Youth and Child Welfare Code
- Sanitation Code
- Insurance law
- Labor Code
- Employees Compensation Law

5. CORPUS DELICTI
- Is the body or substance of the crime
and is defined as the fact that a crime
actually has been committed. In all criminal
prosecutions, the burden is on the
prosecution to prove the corpus delicti.

QUANTUM OF PROOF

1. In Civil Cases the quantum of proof
necessary to prove a civil complaint is a
PREPONDERANCE OF EVIDENCE. The party
filing or bringing a civil complaint has the
burden of proof and must establish the
truth and righteousness of his allegations by
a preponderance of the evidence admitted
by a competent court.

2. In Criminal Cases
the quantum is proof beyond reasonable
doubt.
- In a criminal case the accused is entitled
to an acquittal, unless his guilt is shown
beyond reasonable doubt
- Presumption of INNOCENCE is a
conclusion drawn by the constitution and
the law in favor of the accused , while
REASONABLE DOUBT, is a condition of
mind produced by proof resulting from
evidence in the case.

3. To establish matters of defense
- The doctrine of reasonable doubt
applies only to incriminative facts.



4. To establish self defense
- One who sets up SELF DEFENSE must
rely on the strength of his own evidence
and not on the weakness of that of the
prosecution.

5. To establish Alibi
- It must be proved by positive, dear and
satisfactory evidence. Oral Evidence of
alibi is so easily manufactured and usually
unreliable that it can rarely be given
credence.

6. In Administrative Complaints
- In cases filed before administrative or
quasi judicial bodies, a fact maybe deemed
established if it supported by substantial
evidence which means that amount of
relevant evidence which a reasonable mind
might accept as adequate to justify a
conclusion.

CHAPTER 2
MEDICAL AND HOSPITAL JURISPRUDENCE

Medical Jurisprudence:
- Is the study of the Medical Law and its
applicable Jurisprudence, that governs,
regulates, and defines the practice of
medicine.
- It includes the rights, duties, obligations
and liabilities of both physician and
patient to each other in a physician
patient professional contract.

The Following Acts Constitute the Practice
of Medicine:
1. To physically examine and diagnose a
patient.
2. To physically examine and treat a patient
3. To physically examine and perform
surgery in a patient
4. To physically examine and prescribe any
remedy to a patient.

Any person who practice any of the above
acts enumerated, without any valid
certificate of registration as a physician, is
practicing illegal medicine.

The Nature of the Physician Patient
Professional Relationship is
1. Consensual:
- based on mutual consent of both patient
and physician.
- Contracts that are consensual in nature,
are perfected upon mere meetings of the
minds

2. Fiduciary:
- founded in trust, faith, and confidence
reposed by one person in the integrity and
fidelity of another.


DUTIES AND OBLIGATIONS OF THE PHYSICIAN
TOWARDS HIS PATIENTS:
1. He must possess that knowledge and skill
possessed by an average physician.

2. He must use such knowledge and skill with
ordinary care and due diligence.

3. He is obliged to exercise his best judgment
in good faith.

4. He has the duty to keep the secrets and
confidentialities of his patients.

The Terms and Conditions not included in
the Physician Patient Professional
Relationship Contract ( refer to book )




The only promise or guaranty that the law
requires is that, the physician will treat the
patient in accordance with the standards of
medical care.

PATIENTS RIGHTS RESPECTED BY PHYSICIANS:
1. The right to appropriate medical care and
humane treatment.
2. The right to his religious belief.
3. The right to refuse treatment.
4. The right to Informed Consent.
5. The right to choose his physician.
6. The right to medical records.
7. The right to privacy and confidentiality.
8. The right to a second or third opinion.
9. The right to leave.
10. The right to information.
11. The right to self determination.
12. The right to refuse participation in
medical research
13. The right to express grievance
14. The right to be informed of his rights and
obligations.

Obligations of the Patients to their
Physicians ( Refer to Book )

SOCIATAL RIGHTS OF THE PATIENTS FROM
THE GOVERNEMNT ( Refer to Book )

RIGHTS INHERENT IN THE PRACTICE OF
MEDICINE:
1. The right to choose his patients

2. The right to limit the practice of his
profession

3. The right to determine appropriate
treatment procedures in the discretion and
judgment of the physician.

4. The right to avail of hospital privileges after
being qualified.
5. The right to receive just and fair
compensation from his patients.

Liabilities of a Physician Which May Arise
from His Negligent or Wrongful Acts or
Omissions:
1. Administrative Liability
- A complaint under oath can be filed before
the Professional Regulation Commission
Board of Medicine, for reprimand, of the
license to practice medicine.
2. Criminal Liability
- When an act or omission constitutes a
crime, the physician can be imprisoned or
fined or both, as any other profession.
3. Civil Liability
- The aggrieved party can be awarded
monetary damages for any wrongful or
negligent act or omission, when the
professional is found guilty.

CASES ( Refer to Book )
Ex. Negligent or Wrongful Act

Medical malpractice is a particular form of
negligence which consists in the failure of a
physician or surgeon to apply to his practice
of medicine that degree of care and skill
which is ordinarily employed by the
profession generally, under similar
conditions, and in like surrounding
circumstances

There are Four Elements involved in
medical negligent cases:
1. Duty
2. Breach
3. Injury
4. Proximate Causation It has been
recognized that expert testimony is usually
necessary to support the conclusion as to
causation.

Ex. Whether A Hospital may be Held Liable
for the Negligence of Physicians
Consultants allowed to Practice in its
Premises.


















CHAPTER 3

DEATH

Legal Presumption of Death:
- If absent without explanation from his or
her usual or last place of residence for a
long continuous period.
- Circumstantial proof of death
Ex. a passenger on an airplane that
crashed is considered to have died even if
no remains can be recovered.

Rules of Evidence in Rule 131, section 5
paragraph X, paragraph JJ, and paragraph
KK.
In common law the presumption of death
does not arise until the expiration of seven
years of continuous absence.



DEATH IS THE COMPLETE CESSATION OF ALL
THE VITAL FUNCTIONS OF THE BODY WITHOUT
POSSIBILITY OF RESUSCITATION. THE
ASCERTAINMENT OF DEATH IS A MEDICAL AND
NOT A LEGAL PROBLEM.

Death maybe
A. Brain Death occurs when there is a deeply
irreversible coma, and absence of electrical
brain activity.

B. Cardio Respiratory Death occurs when
there is continuous and persistent cessation of
heart action and respiration.

4 Kinds of Death:
1. Clinical or Somatic Death
2. Brain Death
3. Biological Death
4. Cellular Death


Clinical or Somatic Death
- This particular kind of death occurs when
in the judgment of the physician with the
use of his clinical eye the bodys vital signs
of life cease to exist continuously and
permanently.
- The clinical death is verifiable only by a
physician after he observes that the
patient no longer has a heart beat no
pulse rate, no spontaneous breathing and
movement, with the pupils of the eye
widely dilated and not reactive to light
and accommodation.
- When a clinically dead person is brought
to the morgue the generalized
contraction of the muscles or Rigor Mortis
of the body within 3 to 6 hours, may
simulate a return to life, because of the
motion or movement of the body.



BRAIN DEATH
- This kind of death follows clinical death
almost immediately unless resuscitative
procedures are started promptly, because
the human brain under normal conditions
cannot survive loss of oxygen for more
than 6 to 10 minutes.
- Brain Death may occur in the
Stage 1 Cerebral Cortex- the highest
center of the brain that is most sensitive
to changes in the supply of oxygen and
blood to the brain. When the cerebral
cortex dies, the patient is in cortical
death.

Stage 2 - Cerebellum It deals with the
function of equilibrium. It follows the
death of the cerebral cortex.



Stage 3 Brainstem and Vital centers
These centers controlling respiration,
heart rate and blood pressure, ultimately
die. When it does, the patient is, Brain
Stem Dead.
- If the brain stem is damaged, then the
vital centers in the medulla maybe
destroyed, causing the respiratory center
to fail.
- The occurrence of brain stem death is
equivalent to Legal Death, so that Doctors
can now issue a Death Certificate, even
though the heart is still beating, and make
arrangements to harvest donor organs
and tissues at this stage.
- Further, in the presence of brain stem
death, artificial respirators only achieve
the maintenance of an oxygenated
circulation through a corpse or cadaver.


CRITERIA FOR DIAGNOSING BRAIN STEM
DEATH. ( refer to textbook )
Persistent Vegetative State ( PVS )
- This condition exists, when irreversible
destruction of the Cortex of the brain
occurs without damage to the vital
centers, and there are permanent eyes
open state of unconsciousness, but cardio
respiratory functions continue,
sometimes without respiratory assistance,
but most often with respiratory support.
- They do not however match the clinical
criteria of Brain Death, in as much as they
have elicitable reflexes, spontaneous
respirations and reactions to external
stimuli.

HARVARD CRITERIA OF WHOLE BRAIN
DEATH:
1. Unreceptivity and Unresponsitivity
2. No spontaneous movements or breathing
3. No reflexes
4. Flat EEG of Confirmatory value

WHOLE BRAIN DEAD
- When the brain ceased all functions, even
though the heart continues to beat. As a
rule doctors can legally declare whole
brain death twelve hours after they have
corrected all treatable medical problems,
but the brain still doesnt respond even to
induced pain , they eyes do not react to
light and the person doesnt breath
without a respirator.

BIOLOGICAL DEATH
- All the components of the brain are dead
- There is also permanent extinction of
bodily life.
- It is cardiorespiratory and brain death
altogether with permanent cessation of
all the anatomic and physiological
functions of the body organs.



CELLULAR DEATH:
- The death of the different parts of the
body occurs at different times and stages.
- This is the reason why such organs as the
corneas and the kidneys can be removed
immediately after biological death and
transplanted successfully.

SIGNS OF DEATH:
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body ( Algor Mortis )
- The temperature of 15 20 degrees
Fahrenheit is considered as a certain sign of
death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye
- There is loss of corneal reflex


CHANGES IN THE BODY FOLLOWING DEATH
1. Changes in the Muscle
a. Stage of primary flaccidity
b. Cadaveric rigidity or rigor mortis
- muscular contraction which
develops 3 6 hours after death and
may last for 24 36 hours.
- may also be utilized to
approximate the length of time the
body has been dead from 3 to 36
hours
c. Stage of secondary flaccidity or
commencement of putrefaction

Cadaveric Spasm- is the immediate or
instantaneous spasm or rigidity of the skeletal
muscles occurring at the moment of death due
to exhaustion, etc.


Medico legal Importance of Cadaveric Spasm
( Refer to Book )

2. Changes in the Blood
a. Coagulation of the blood
b. Postmortem lividity or Livor Mortis
3. Autolytic or Auto Digestive Changes After
Death
4. Putrefaction of the Body

PUTREFACTIVE CHANGES OCCURING AFTER
DEATH ( Refer to Book )

Kinds of Putrefaction:
1. Mummification
2. Saponification This is also called Adipocere
Formation.
3. Maceration




Factors to Consider in Approximating the
Duration of Death in a Cadaver
1. Entomology The presence of maggots in
the cadaver indicates duration of death for
more than 24 hours

2. Presence of live Fleas in clothing in death
by drowning, a flea can survive for about 24
hours submerged in water. After 24 hours
submersion in water the fleas die.

3. Blood vessel clots blood clotting occurs in 6
-8 hours after death.

4. Post Mortem lividity develops in 3 to 6
hours after death.

5. Rigor Mortis- begins to develop in 3 to 6
hours after death and may last for 24 to 36
hours after death.

6. Onset of decomposition Decomposition
takes place within 24 48 hours after death.

7. Food in the stomach

8. Skeletal soft tissues soft tissues may
disappear from 1.5 years to 2 years after burial.

Position of the Body at the time of Death
1. Post Mortem lividity
2. Cadaveric spasm Death due to violence or
inflicted physical injuries, usually manifest the
position of the body at the time of death.
Ex. In suicide by gunshot wound, the gun
maybe tightly grasped in the hand of the
deceased
In drowning, the victim maybe holding
objects that come in contact with his hands to
cling to life.




MEDICOLEGAL IMPORTANCE OF RIGOR MORTIS
AND CADAVERIC SPASM:

Rigor mortis is utilized to approximate the time
of death. Generalized muscular contractions
occur from 3 to 6 hours until 36 hours.

Cadaveric spasm occurs immediately after
death and is useful to ascertain the
circumstances of death.

Medico Legal Investigation of Death
- Deaths which are not obviously due to
natural causes, but are criminal,
suspicious, accidental, suicidal,
murderous, homicidal, sudden or
unexpected, or unexplained, need medico
legal investigation.




The Death Certificate
- The death certificate is a legal document
necessary for burial of the dead, as it
certifies the occurrence of death. It is a
document from the Office of the Civil
Registrar General, listing the particulars of
an individuals death.
- It contains the Immediate Cause or
Primary cause of death, the antecedent
causes and underlying cause of death

Immediate Cause or Primary Cause of
Death
Ex. Suffocation due to drowning
Asphyxia
Cardio Respiratory Arrest

Antecedent Cause of Death are events or
conditions that substantially contribute to
the immediate cause of death
Ex. Acute peritonitis, Acute Hypovolemic
shock, Acute Septic Shock,

Underlying Cause of Death is the basic
cause or bottom line cause of death. It is
the diagnosis of the patients or victims
illness or sickness that resulted to his
death
Ex. Acute Appendicitis, Hepatocarcinoma,
Pelvic Fracture, Stab or Gunshot Wound
to the chest.

Non Natural Causes of Death
Ex. Murder, Homecide, Suicide, Accident


Death Warrant is a warrant from the proper
executive authority appointing the time and
place for the execution of the sentence of
death upon a convict judicially condemned to
suffer death.

Manner of Death
- Is the explanation as to how the cause of
death arose, and maybe either Natural
Death or Violent Death


Lazarus Syndrome
- Is also called Lazarus Phenomenon is the
spontaneous return of circulation after
failed attempts at resuscitation.

Implications of Lazarus Syndrome
- raise ethical and legal issues for doctors,
who must determine when medical death
has occurred, when resuscitation efforts
should end, and post mortem procedures
such as autopsies and organ harvesting
may take place.

Lazarus Sign
- Lazarus sign or Lazarus reflex is a reflex
movement in brain dead patients, which
causes them to briefly raise their arms
and drop them crossed on their chests.
- The phenomenon has been observed to
occur several minutes after the removal
of medical ventilators used to pump air in
and out of brain dead patients to keep
their bodies alive.

NEAR DEATH EXPERIENCE
- Refers to a broad range of personal
experiences associated with impending
death, encompassing multiple possible
sensations including detachment from the
body; feelings of levitation etc.

EUTHANASIA
- Meaning good death ( well or good )
- Refers to the practice of ending life in a
painless manner.
- Deliberate intervention undertaken with
the express intention of ending life, to
relieve intractable suffering

Classification of Euthanasia:
1. Voluntary euthanasia is euthanasia
conducted with consent

2. Involuntary euthanasia
is euthanasia conducted without consent.
-is conducted where an individual makes a
decision for another person incapable of doing
so.
- also known as physician assisted death,
physician assisted suicide or mercy killing.

3. Passive euthanasia entails withholding of
common treatments

4. Active euthanasia entails the use of lethal
substances or forces to end life and is the most
controversial means.



CHAPTER 4
REGIONAL TRAUMA

Trauma
is the leading cause of death in the first four
decades of life and the 3
rd
leading cause of
death in all age groups today.
-Penetrating trauma particularly handguns is
becoming common in nearly all areas of the
country.

Trimodal Distribution of Death from Trauma:
1. Seconds to minutes of injury due to the
injury to the brain, high spinal cord, heart,
aorta and other large vessels. These patients
can rarely be salvaged.

2. Minutes to Few hours from injury ( The
Golden Hour )
- It is in this period that Advanced Trauma Life
Support9 ( ATLS ) techniques are important.

3. Several days to weeks of Injury these are
due to sepsis or organ failure.

SPECIFIC INJURIES
1. Head
a. Types of Head Injuries:
a.1 Hematoma
a.2 Contusions
a.3 Skull fractures
a.4 Hemorrhage
2. Spine and Spinal Cord Injuries
The most common causes of severe spinal
trauma are motor vehicular accidents, falls,
diving accidents, and gunshot wounds.
3. Chest
a. Life Threatening Injuries
Pnumothorax
Hemothorax
Flail chest as in multiple rib fractures
Cardiac tamponade due to penetrating
injuries

b. Potentially Lethal Injuries
b.1. Pulmonary Contussion with or
without flail chest
b.2. Thoracic Aortic Tear or Rupture
the most common cause of sudden
death after a vehicular accident or fall (
major decelaration injury )

c. Serious Chest Injuries
4. Abdomen
Types of Injuries:
a. Penetrating
- Gunshot wounds of the abdomen carry
95% probability of significant visceral
injury
- A bullet when it hits the abdomen will
penetrate the abdominal wall, enter the
abdominal cavity and most likely injure
more than one organ.
- The incidence of abdominal injury is
strikingly higher in gunshot wounds
than in stab wounds.
- The major cause of death is
hemorrhage and this occurs within the
first 24 hours
- In stab wounds of the abdomen , only
2/3 penetrate the peritoneal cavity; of
these only cause significant visceral
injury that requires surgical repair.
b. Blunt
- The spleen and liver are the most
commonly injured organs due to blunt
trauma.
- Their frequent incidence also explains
why the mortality rate following blunt
trauma is higher than that of
penetrating injury.

5. Fractures and Dislocations
The word fracture comes from the Latin
word fractura which means a break in the
continuity of the bone. It is also a combination
of a break in the bone and soft tissue injury

A. Open Fractures - 90% of open fractures
are caused by vehicular accident.
B. Hip fractures are very common in elderly
people and are usually caused by minor falls. It
is the most common cause of traumatic death
after the age of 75.

6. Urologic
- Hematuria following trauma
- Blunt kidney injury is usually due to
motor vehicular accidents which
account for 70 90 % of kidney trauma.
- Penile injury:
The erect penis is usually 6 8 inches
long and 1 -2 inches in diameter.
- Avulsion of the prepuce this may
follow accidents where the foreskin
called prepuce is detached or lacerated
by a blunt force.
- Fracture of the penis this is the
traumatic rupture of the corpora
cavernosa penis resulting from a
forceful trauma to the flaccid organ.
- Amputated penis the penis of an avid
womanizer is sometimes intentionally
cut or amputated by a jealous derange
wife or lover.

7. Arterial trauma
8. Burns

CLASSIFICATION OF WOUNDS
1. AS TO LEGAL CLASSIFICATION
Chapter 1
DESTRUCTION OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical Injuries
Inflicted Under Exceptional Circumstances
c. Article 248. MURDER
- Any person who, not falling within the
provisions of Article 246 shall kill another, shall
be guilty of murder and shall be punished by
Reclusion Perpetua, to death if committed with
any of the following attendant circumstances;
1. With treachery
2. In consideration of a price , reward or
promise
3. By means of inundation etc.
4. On occasion of any of the calamities etc.
5. With evident premeditation
6. With cruelty etc

Article 249 HOMICIDE
Article 251. Death Caused in a Tumultous Affray
Article 252. Physical Injuries Inflicted In a
Tumultuous Affray
Article 253. Giving Assistance to Suicide
Article 254. Discharge of Firearms
Article 255. Infanticide
Article 256. Intentional Abortion
Article 257. Unintentional Abortion who shall
caused an abortion by violence but not
intentional.
Article 258. Abortion Practiced by the Woman
Herself or By Her Parents
Article 259. Abortion Practiced by a Physician or
Midwife and Dispensing of Abortives
Article 260. Responsibility of Participants in a
Duel
Article 261. Challenging to a Duel

CHAPTER 2
PHYSICAL INJURIES
a. Article 262. Mutilation Any person who
shall intentionally mutilate another by
depriving him, either totally or partially , of
some essential organ of reproduction.

b. Article 263. Serious Physical Injuries Any
person who shall wound, beat, or assault
another, shall be guilty of the crime of serious
physical injuries

c. Article 264. Administering Injurious
Substances or Beverages

d. Article 265. Less Serious Physical Injuries
Any person who shall inflict upon another
physical injuries which shall incapacitate the
offended party for labor for 10 days or more, or
shall require medical attendance for the same
period

e. Article 266. Slight Physical Injuries and
Maltreatment.
- When the offender has inflicted physical
injuries which shall incapacitate the offended
party for labor from one to nine days, or shall
require medical attendance during the same
period.

Chapter 3, RAPE When and How rape is
committed
1. By a man who shall have carnal knowledge of
a woman under any of the circumstances
a. Through force, threat, or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
c. By means of fraudulent machinations or
grave abuse of authority
d. When the offended party is under twelve
( 12 ) years of age or is demented, even though
none of the circumstances mentioned above is
present.

2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by
inserting his penis into another persons mouth
or anal orifice or any instrument or object into
the genital or anal orifice of another person.

Classification of Wounds
2. AS TO THE DEPTH OF THE WOUND
a. Superficial When the wound involves only
the layer of the skin
b. Deep When the wound involves the
structures beyond the layers of the skin.

b.1 Penetrating the wound enters the body
but does not come out. Punctured, stab and
gunshot wounds usually belong to this type of
wound.
b.2 Perforating there is a communication
between the outside, inner and the outer side.
There is both a point of entry and exit.

Classification of Wounds
3. AS TO MORTALITY
a. Deadly Wound- Death results immediately,
after the infliction of the wound. Deadly
wounds though mortal, maybe prevented with
prompt medical treatment.

b. Non Deadly Wounds Does not result to
death immediately, after the wound is inflicted.
A non deadly wound may cause death later,
due to complications i.e. tetanus, septicemia




Classification of Wounds:
4. AS TO THE WOUNDING INSTRUMENTS USED:
a. Sharp Instruments Ex. incised wound,
punctured wound, stab wound dagger or
kitchen knife
b. Blunt Instruments A block of wood or iron
produces contusion, hematoma, abrasions,
lacerated wound when used to strike, attack,
wound, beat or assault another

Classification of Wounds:
5. AS TO THE CONSEQUENTIAL INJURY AFTER
THE APPLOCATION OF FORCE
a. Coup Injury -
b. Coup Centre Coup Injury
c. Contre Coup Injury
d. Locus Minoris resistancia
e. Extensive injury


Classification of Wounds:
6. AS TO THE INTEGRITY OF THE SKIN
A. CLOSED WOUNDS Presents no break in the
integrity or continuity of the skin. There maybe
only outward manifestations of injury
internally.
Ex. of closed wounds:
1. petechiae a circumscribe extravasation of
blood in the subcutaneous tissue.
2. contusion effusion of blood into the tissues
underneath the skin as a result of a blunt force.
Ex. black eye
3. Hematoma
4. Blunt injury
5. Musculoskeletal injuries
Ex. Sprain, Dislocation, Fracture, Strain

Cerebral Concussion there is a brief loss of
consciousness and sometimes memory after a
head injury that doesnt cause obvious physical
damage.

Cerebral Contusion they are bruises to the
brain, usually caused by a direct, strong blow to
the head. They are more serious than
concussions.

B. OPEN WOUNDS
- There is a break in the continuity of the
skin
Examples:
1. Abrasion
2. Bruise
3. Incised wound
4. Stab wound
5. Punctured wound
6. Perforating wound
7. Lacerated wound
8. Bites
9. Gunshot wounds

B. OPEN WOUNDS there is a break in the
continuity of the skin
B.1. Abrasion Scratch, friction mark
B.2. Bruise cause by a blunt injury to the
tissues which damage blood vessels beneath
the surface, allowing blood to extravasate or
leak into the surrounding tissues.
B.3. Incised wound
B.4. Stab wound
B.5. Punctured wound
B.6. Perforating wound
B.7. Lacerated wound result of an injury from
a blunt instrument. In cerebral laceration, the
brain tissue is torn often with an accompanying
visible head wounds and skull fractures.
B.8. Bites they maybe abraded, bruised or
rarely lacerated. They are usually seen in sexual
assaults and in child abuse and also by animal
bites
B.9. Gunshot wounds





TEST FOR THE PRESENCE OF POWDER
RESIDUES:
1. Paraffin test or Dermal Nitrate test present
on the skin of the hand dorsum or site of the
wound of entrance. This test is not conclusive
because fertilizers, cosmetics, cigarettes, urine
and other nitrogenous compounds with
nitrates will give a positive reaction. A negative
test is also not conclusive . The test usually
gives a positive result even after a lapse of 3
days or even if the hands are subjected to
ordinary washing

2. Use of Scanning Electron Microscope with a
linked X ray analyzer. This method appears to
be more specific but seldom used because the
instrument is expensive.

SPECIAL TYPES OF WOUNDS
1. Assailants wounds these wounds are
sustained by the assailant from the victim,
while the former is in the process of attacking,
wounding, assaulting, beating or killing his
victim.

2. Defense wounds in the process of
defending himself from the attacks, assault,
wounding, beating or violence of the assailant,
the victim sustains defensive wounds usually in
the upper extremities.

3. Victims wounds these are wounds
sustained by the victim, from the assailant, the
former not having the chance or opportunity to
defend himself. The victims wounds maybe
located in any part of the body.

4. Self Inflicted wounds these are wounds
self inflicted by the person on himself. The
wounds are usually found on the accessible
parts of the body, usually with no intention to
kill himself. Unless the victim is insane, self
inflicted wounds are for a fraudulent or self
serving purpose.

5. Homicidal wounds these are the serious
wounds sustained by the victim resulting to his
death, from the criminal assailant. Usually the
wounds are situated in the areas of the neck,
chest, the abdomen and the skull.

6. Accidental wounds these wounds are
sustained by the victim, without any fault or
intention whatsoever on the part of the
accused to inflict the wounds on the victim. The
wounds are usually located on any part of the
victims body.

7. Suicidal wounds these are wounds self
inflicted by the victim on himself, and usually
seen on the temple, the roof of the mouth, and
other fatal body areas, accessible to the hand
of the victim.



CHAPTER 5
COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002

REPUBLIC ACT 9165

A DANGEROUS DRUG is a drug whose use is
attended by risk and therefore is unsafe,
perilous and hazardous to people and society.

A DRUG is any substance , vegetable, mineral or
animal in origin, used in the composition or
preparation of medicines or any substance used
as medicines.

The Dangerous Drug Act of 1972, include the
following Dangerous Drugs as follows:
A. PROHIBITED DRUGS
1. Opium and its active components and
derivatives such as heroin and morphine.

2. Coca leaf and its derivatives, principally
cocaine.
3. Hallucinogenic drugs such as mescaline,
lysergic acid diethylamide ( LSD ) and other
substances producing similar effects.
4. Other drugs whether natural or synthetic
with the physiological effects of a narcotic
drug.

B. REGULATED DRUGS
1. Self inducing sedatives such as
secobarbital, phenobarbital, pentobarbital,
barbital and any drug which contains salt or
derivative of a salt of barbituric acid.

2. Any salt of amphetamine such as
Benzedrine or any drug which produces a
physiological action similar to
amphetamine.

3. Hypnotic drugs, such as methaqualone
producing similar physiologic effects.

IMPORTANT TERMS in the DANGEROUS
DRUG ACT OF 2002
1. Drug Syndicate
2. Illegal Trafficking
3. Chemical Diversion
4. Planting Evidence
5. Drug Dependence

Two Classes of Drug Dependence:
a. Drug Addiction is a state of periodic or
chronic intoxication produced by the
repeated consumption of a drug, whether
synthetic or natural and found to be
detrimental to the individual and to the
society.

Characteristics of Drug Addiction:
A. An overpowering desire or need to
continue taking the drug or to obtained it
by any means.

- a tendency to increase the dose.
-a psychological and physical
dependence on the effects of the drug.
- a detrimental effect to the society and
to the individual

B. Drug Habituation is the desire to have a
continuous use of the drug but with the
capacity to refrain physically from using it.

Characteristics of Drug Habituation:
- The desire to use the drug is not
compulsive but merely psychical.

- There is little or no tendency to
increase the dose

- The detrimental effect if any, is
primarily on the individual.

6. Protector
7. Pusher
8. Controlled Delivery
9. Den, Dive or Resort
10. PDEA The Philippine Drug
Enforcement Agency, which is the
implementing arm of the Dangerous Drugs
Board.

UNLAWFUL ACTS AND PENALTIES IN THE
DANGEROUS DRUGS ACT OF 2002 ( R.A.
9165:
1. Importation of Dangerous Drugs and or
Controlled Precusors and Essential
Chemicals.

2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and or
Controlled Precursors and essential
Chemicals.

3. Maintenance of a Den, Dive or Resort

4. Employees and Visitors of a Den, Dive or
Resort

5. Manufacture of Dangerous Drugs and or
Controlled Precursors and Essential
Chemicals

6. Illegal Chemical Diversion of Controlled
Precursor and Essential Chemicals

7.Manufacture or Delivery of Equipment ,
Instrument, Apparatus and Other
paraphernalia for Dangerous Drugs and or
Controlled Precursors and Essential
Chemicals

8. Possession of Dangerous Drugs

9. Possession of Equipment, Instrument ,
Apparatus and Other Paraphernalia for
Dangerous drugs.

10. Possession of Dangerous D During
Parties, Social Gatherings or Meetings

11. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings

12. Use of Dangerous drugs

13. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources thereof

14. Failure to Maintain and Keep the
Original Records of transactions on
Dangerous drugs and or Controlled
Precursors and Essential chemicals

15. Unnecessary Prescription of Dangerous
Drugs

16. Unlawful Prescription of Dangerous
drugs

THE CUSTODY AND DISPOSITION OF
CONFISCATED, SEIZED AND OR
SURRENDERED DANGEROUS DRUGS, PLANT
SOURCES OF DANGEROUS DRUGS,
CONTROLLES PRECURSORS AND ESSENTIAL
CHEMICALS, INSTRUMENTS AND
PARAPHERNALIA AND OR LABORATORY
EQUIPMENT The PDEA shall take charge
and have custody of all dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as Instruments
paraphernalia and laboratory equipment so
confiscated, seized and or surrendered, for
proper disposition in the following manner (
Refer to Book ).

IMPORTANT PROVISIONS OF R.A. 9165 OR
THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002

Section 22. Grant of Compensation, Reward
and Award

Section 23. Plea Bargaining Provision

Section 36. Applicants for Drivers License

Section 38. Laboratory Examination or test
on Apprehended / Arrested Offenders

Section 39. Accreditation of Drug Testing
Centers and Physicians

Section 40. A physician, dentist,
veterinarian or practitioner authorized to
prescribe any dangerous drug shall issue
the prescription therefore in one original
and 2 duplicate copies.

Section 54. Voluntary Submission of a Drug
Dependent to Confinement, Treatment and
Rehabilitation

Section 55 Exemption from Criminal Liability
Under the Voluntary Submission Program

Section 56. Temporary Release from the
Center; After Care and Follow up Treatment
Under the Voluntary Submission Program

Section 58. Filing of Charges Against a Drug
Dependent who is not rehabilitated Under
the Voluntary Submission Program.

Section 61. Compulsory Confinement of a
drug dependent who refuses to apply under
the Voluntary Submission Program

Section 62. Compulsory Submission of a
Drug Dependent Charged with an Offense,
to Treatment and Rehabilitation

Section 70. Probation or Community Service
for a First Time Minor Offender In Lieu of
Imprisonment

Section 73. Liability of a Parent, Spouse or
Guardian Who refuses to Cooperate with
the Board or any Concerned Agency

Section 77. The Dangerous Drugs Board

Section 82. Creation of the Philippine Drug
Enforcement Agency ( PDEA )

Section 85. The PDEA Academy

Section 90. Jurisdiction

Section 91. Responsibility and Liability of
Law Enforcement Agencies and Other
Government Officials and Employees in
Testifying as Prosecution Witnesses in
Dangerous Drug Cases

Section 92. Delay and Bungling in the
Prosecution of Drug Cases

PHARMACOLOGIC CLASIFICATION OF
DANGEROUS DRUGS
1.Hypnotics
2. Sedatives and Tranquilizers
3. Hallucinogens and Psychomimetics
4. Stimulants
5. Depressants
6. Deliriants and Intoxicants

A.Hypnotics:
Opiates and Their Derivatives Opium is
obtained from the milky exudates of the
unripe seed capsules of the poppy plant,
Papaver Sornoiferum.

Derivatives of opium commonly used are
morphine, heroin, and codeine.

Its synthetic preparation are Demerol and
Methadone.

Narcotics that have a legitimate medical
used as powerful pain relievers are called
Opioids, and include codeine, oxycodone,
meperidine, morphine and
hydromorphone.

Heroin which is prohibited is a very strong
pain reliever and narcotic

Signs and Symptoms of Opium
Administration:
1. Stage of Excitement
2. Stage of Stupor
3. Stage of Narcosis

B. SEDATIVES:
Barbiturates: - are the products of malonic
acid and urea, synthesized on St. Barbara
day.
- Used to treat anxiety and to induce sleep
can cause both psychologic and physical
dependence.

C. HALLUCINOGENS OR PSYCHOMIMETIC
DRUGS:
Marijuana ( Cannabis Sativa ) is a Mexican
term for pleasurable feeling. Marijuana is
not addictive. Physical dependence and
dose tolerance do not develop with its use.
Psychic dependence may occur.

Subjective effects of Marijuana:
- There is a feeling of lightness of the
extremities followed by rushes of warmth
and well being that eventually lead to a
sense of relaxation, mild euphoria and a
dreamy state where ideas are
disconnected.
Objective Effects of Marijuana:
- Moderate increase in resting pulse rate,
reddening of the eyes due to dilatation of
the conjunctival blood vessels. Difficulty
of speech and of remembering of the
logical trend of what was being said.

Lysergic Acid Dsethylamide ( LSD )
- These drugs are false hallucinogens.
- It produces impaired judgement so that a
user might think that he can fly, and may
even jump out a window to prove it,
resulting in severe injury or death.

D.STIMULANTS:
Amphetamines methamphetamines (
Shabu, speed );
methylenedioxymethamphetamine (
MDMA, ecstasy or Adam )
- Acts on the cerebral cortex causing
alertness, excessive self confidence and
feeling of well being. Physical
performance may to some degree
temporarily improve.

Untoward Effects:
- They increase the blood pressure and
heart rate. Fatal heart attacks have
occurred even in healthy, young athletes.
The blood pressure maybe so high that a
blood vessel in the brain ruptures causing
a stroke.

Coccaine is an alkaloid from the leaves of
the coca shrub cultivated in Bolivia and
Peru.
- It produces effects similar to
amphetamines, but is a much more
powerful stimulant.
- Is used to excite the undersexed.
- Is a euphoriant and readily relieves
fatigue

Untoward Effects:
- Same as amphetamine

E. DEPRESSANTS:
- Angel dust
- Depresses the brain and abusers usually
become confused and disoriented shortly
after taking the drug.
- Can be combative and because they dont
feel the pain they may continue fighting
even when hit hard.








CHAPTER 6
SEXUAL DYSFUNCTIONS AND SEXUAL CRIMES

SEXUALITY IS A NORMAL BIOLOGICAL URGE
AND AN IMPORTANT PART OF THE HUMAN
EXPERIENCE.

4 Stages of a Sexual Response:
1. Desire
2. Arousal
3. Orgasm
4. Resolution

SEXUAL DYSFUNCTIONS ( Classification )
A. As to choice of sexual partners
1. Homosexual
2. Infanto sexual
3. Besto sexual
4. Auto sexual
5. Gerontophilia
6. Necrophilia
7. Incest

B. As to instinctual strength of the sexual urge:
1. Over sex
2. Under sex or sexual frigidity
a. Sexual anesthesia
b. Dyspareunia
c. Vaginismus
d. Old age

C. As to the mode of sexual expression
1. Oralism
a. Fellatio
b. Cunnilingus
c. Analism

2. Sado masochism
a. Sadism
b. Masochism
3. Fetishism
a. Anatomic
b. Clothing
.
c. Necrophilic
d. Odor ( ospresiophilia )

Kinds of Ospresiophilia
1. Urolagnia
2. Coprolagnia
3. Mysophilia
a. Narcissism
b. Saboteur Fetish
c. Vampirism

D. As to the part of the body
1. Sodomy
2. Uranism
3. Frottage
4. Partialism

E. As to visual stimulus
1. Voyeurism
2. Scoptophilia


F. As to number
1. Troilism
2. Pluralism

G. Other sexual deviates.
1. Don Juanism
2. Indecent exposure
3. Coprolalia

H. Disorders of sexual function:
1. Premature ejaculation
2. Retarded ejaculation
3. Low sexual desire disorder
4. Sexual aversion disorder
5. Sexual arousal disorder in women
6. Inhibited orgasm
7. Dyspareunia
8. Vaginismus
I. Sexual reversal
1. Transvertism
2. Transexualism
3. Intersexuality

SEXUAL CRIMES:
Chaste An unmarried woman who has had no
carnal knowledge with men or that she never
voluntarily had unlawful sexual intercourse.
These also denotes purity of mind and
innocence of heart.

Virgin A woman who has had no carnal
knowledge of man. Her genital organs have not
been altered by carnal connection.

Kinds of virginity
1. Moral virginity the state of not knowing the
nature of sexual life and not having experience
sexual relation.

2. Physical virginity A condition whereby a
woman is conscious of the nature of sexual life
but has not experienced sexual intercourse.

3. 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. The woman
allows sexual intercourse, but only inter femora
or even inter labia, but not to the extent of
rupturing the hymen.

4. Virgo intacta A truly virgin woman. There is
no structural change in her organ,
notwithstanding the fact of a previous sexual
intercourse.

DEFLORATION This is the laceration or
rupture of the hymen, as a result of sexual
intercourse. All other lacerations which are not
due to coitus are not considered defloration.

SEMEN AND SPERMATOZOA:



ERECTILE DYSFUNCTION ( Impotence )
- The diagnosis of Erectile Dysfunction is
important especially in complaints of
rape. It must be proven convincingly that
the accused is permanently impotent, so
that the crime of rape cannot be proved
beyond reasonable doubt.

- Impotence usually results from vascular
impairment, neurologic disorders, drugs,
abnormalities of the penis or
psychological problems that interfere with
sexual arousal.
- These includes injury, diabetes mellitus,
stroke and drugs like all antihypertensive
and psychotics, antidepressants and some
sedatives.
- Alcohol can also cause impotence and
also low levels of testosterone


SEX CRIMES IN THE REVISED PENAL CODE:
A. Rape
B. Carnal Knowledge
- is the act of a man in having sexual
bodily connection with a woman. There is
carnal knowledge if there is the slightest
penetration in the sexual organ of the
female by the sexual organ of the male.

C. Seduction
- is the art of a man enticing women to
have unlawful intercourse with him by
means of persuasion, solicitation,
promises, bribes or other means without
employment of force

D. Acts of Lasciviosness
E. Acts of Lasciviousness with Consent of
the Offended Party



F. Abduction
1. Forcible Abduction
2. Consensual Abduction
G. Adultery
H. Concubinage
I. Bigamy
J. Marriage Contracted Against the
Provisions of Law
K. Premature Marriage
L. Performance of Illegal Marriage
Ceremony
M. Prostitution
N. Corruption of Minors
O. White Slave Trade
P. Abuse Against Chastity






PROVISIONS OF THE REVISED PENAL CODE
APPLICABLE TO UNNATURAL SEXUAL OFFENSES

1. Grave Scandal ( Art. 200 )

2. Immoral Doctrines, Obscene Publications and
Exhibitions ( Art. 201 )

3. Vagrants and Prostitutes ( Art. 202 )

4. Grave Threats ( Art. 282 )

5. Light Threats ( Art. 283 )

6. Other Light Threats ( Art. 285 )

7. Grave Coercions

8. Unjust Vexation or Any Other Coercion ( Art.
287 )



CHAPTER 7
MENTAL HEALTH DISORDERS

Mental Health Disorders include disturbances
in thinking, emotion, and behavior. There is a
complex interaction between the physical,
psychologic, social, cultural and hereditary
influences.

Factors that Contribute to the Development of
Mental Disorders:

1. Heredity the most frequent factor that
contributes to insanity and a good history will
reveal the ascendants afflicted with the same.
2. Incestous Marriage The mental illness is
accentuated when they are blood relatives.
3. Impaired Vitality Stress, tension, worry,
grief may predispose to insanity


4. Poor Moral Training and Breeding Corrupt
moral upbringing in the family due to
immorality of the parents
5. Psychic Factors Factors like love, hate, rage,
anger, passion disappointments
6. Physical Factors
a. Non toxic factors exhaustion resulting
from severe physical and mental strain and
traumatic injuries to the head.
b. Toxic factors drug addiction, infections
of the brain

KINDS OF MENTAL HEALTH DISORDERS:
1. Psychosomatic disorders physical disorders
caused by psychologic factors.
2. Somatiform disorders encompasses several
psychiatric disorders in which people report
physical symptoms but deny having psychiatric
problems.
3. Generalized Anxiety Disorders
4. Panic Attacks and Panic Disorder

5. Phobic Disorders
a. Agoraphobia
b. Specific phobias
c. Social phobia
6. Obsessive Compulsive Disorder
7. Post Traumatic Stress Disorder
8. Depression and Mania
9. Bipolar Disorder
10. Suicidal Behavior
11. Eating Disorders
a. Anorexia nervosa
b. Bulimia nervosa
c. Binge eating disorder
12. Personality Disorders
a. Paranoid
b. Schizoid
c. Histrionic
d. Narcissistic
e. Antisocial
f. Borderline
g. Avoidant
h. Dependent

i. Obsessive Compulsive
j. Passive Aggressive
k. Dissociative

13. Schizophrenia a serious mental disorder
characterized by loss of contact with reality (
psychosis ) , hallucinations, delusions ( false
beliefs ) , abnormal thinking, disrupted work
and social functioning

Types of Schizophrenia:
a. Paranoid
b. Hebephrenic
c. Catatonic

14. Delusional Disorder
15. Psychological Incapacity a waste basket
diagnosis because it is so broad a term, that it
covers all possible Mental Disorders.



SOME MANIFESTATIONS OF MENTAL
DISORDERS:
1. Disorders of Cognition ( Knowing )
a. Illusion
b. Hallucination
2. Disorders of Memory
a. Dementia
3. Disorders in the Content of Thought
A. Delusion
a. Delusion of grandeur
b. Delusion of persecution
c. Delusion of reference
d. Delusion of Self Accusation
e. Delusion of infidelity
f. Nihilistic delusion
g. Delusion of poverty
h. Delusion of control
i. Delusion of depression
B. Obsession



4. Disorders in the trend of thought
Types:
a. Mania
b. Melancholia

5. Disorders of Emotions or Feelings a
disorder in the state of mind, fervor, or
sensibility, not in accord with reality.

6. Disorders of volition or conation ( doing )
Kinds of Conation:
A. Impulsion or Impulse ( Compulsion ) a
sudden and irresistible force compelling a
person to the conscious performance of
some action without motive or forethought.

Types of Compulsion:
a. Pyromania
b. Kleptomania
c. Dipsomania
d. Homicidal impulse
e. Sex impulse
f. Suicidal impulse

DISTINCTIONS BETWEEN TRUE AND FALSE
INSANITY:
1. True insanity develops insidiously usually
with the existence of some predisposition
to an exciting cause if careful history is
taken, while false insanity develops
suddenly with no existing predisposition.

2. In true insanity, there is a peculiar facial
expression, which is absent in false insanity

3. In true insanity, there is a continuous and
persistent manifestation of insanity, which
is only present in false insanity when the
pretender is under observation, and absent
when not under observation.

4. In true insanity, there is a clinical entity of
a specific mental disorder, which is absent
in false insanity.

5. In true insanity, the patient can endure a
violent or stressful activity without fatigue,
which is not present in false insanity

6. In true insanity, the patient does not
observe personal hygiene, in false insanity,
the pretender observes hygiene

Insanity or Mental Illness is an exempting or
mitigating circumstance to Criminal Liability
as provided in the following:
1. As an exempting Circumstance
Article 12 of the Revised Penal Code
provides, When the imbecile or an insane
person has committed an act which the law
defines as felony, the court shall order his
confinement in one of the hospitals or
asylums established for persons thus
afflicted and he shall not be permitted to
leave without first obtaining the permission
of the same court.

2. As a mitigating Circumstance
Article 13, of the Revised Penal Code
provides, the following are mitigationg
circumstances:
a. That the offender is deaf and dumb,
blind or otherwise suffering from physical
defect which thus restricts his means of
action, defense or communication with his
fellow beings

The American Law Institute formulated the
following Rules on Criminal Responsibility
and states that;
1. A person is not responsible for his
criminal conduct if at the time of such
conduct as a result of mental illness or
defect, he lacks essential capacity to
appreciate the criminality of his conduct or
to conform his conduct to the requirement
of the law.

2. The term mental disease or defect
does not include an abnormality manifested
only by repeated criminal or otherwise anti
social conduct

Fundamental Principles of Insanity and
Criminal Responsibility:
1. A sane man is assumed to be wholly
responsible for the consequence of his
crime.
2. A person who commits a criminal act is
presumed to be sane.
3. Crime is always considered as an affair of
the mind as well as the body and to make
an act or omission a crime, there must be a
criminal act ( actus reus ) and an criminal
mind ( mens rea ) . Actur facit reum, nisi
mens sit rea.


Mental Deficiency or mental retardation,
is sub average intellectual ability present
from birth or early infancy. Intelligence is
both determined by heredity and
environment. In most cases of mental
deficiency, the cause is unknown.

Classification of mental deficiency:
1. Idiot The idiots intelligence never
exceeds that of a normal child over 2 years
old. The IQ is between 0 20. This is usually
congenital.
2. Imbecile the imbeciles intelligence is
compared to a normal child from 2 7
years old and the IQ is 20 40.
3. Feeble Minded his mentality is similar
to that of a normal child between 7 12
years old and an IQ of 40 70.



The Legal Importance of determining the
persons state of mind are the following

In Criminal law, insanity exempts a person
from criminal liability

In Civil law, Insanity is a restriction of the
capacity of a natural person to act as
provided in Article 38 of the Civil Code.

Insanity modifies or limits the capacity of a
natural person to act as providedin Article
39, also of the Civil Code.

Insanity at the time of marriage of any or
both parties is a ground for the annulment
of marriage.