Alyssa Marie D.

Caguete
Introduction to Legal Medicine
JD 2-2
Atty. Joey Montemayor
LEGAL MEDICINE
LEGAL MEDICINE - is a branch of medicine which deals with the application of medical knowledge to
the purposes of law and administration of justice. It is the application of the basic
and clinical, medical and paramedical sciences to elucidate legal matters.
Legal Medicine and Forensic Medicine are synonymous and in common practice are used
interchangeably, although legal medicine strictly speaking means medicine applied to legal
cases, while forensic medicine science to elucidate legal problems.
MEDICAL JURISPRUDENCE is that branch of law which deals with the organization and regulation
of the medical profession, with the contractual obligation existing between
practitioner and his patient and with the duties imposed on the practitioner by the
state.
DISTINCTION BETWEEN LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
1. Legal medicine is a branch of medical science, while medical jurisprudence is a branch of law.
. Legal medicine is a medicine applied to law and administration of justice, while medical
jurisprudence is law applied to the practice of medicine.
!. Legal medicine basically originate from the de"elopment of medical science, it being a branch of
medicine, while medical jurisprudence emanates from acts of #ongress, executi"e orders,
administrati"e circulars, custom and usage and decisions of tribunal which ha"e relation to the
practice of medicine.
$. Legal medicine is based on the principles of coordination, that legal medicines coordinate
medicine to law and justice. %n the other hand, medical jurisprudence is based on the principles
of subordinations, that it is the duty of a physician to obey the laws in as much as our
go"ernment is established on the principle of go"ernment of laws and not of men and that no
one is considered abo"e the law.
PURPOSE OF THE STUDY
1. &o gi"e the students and practitioners of medicine a theoretical and practical knowledge of the
subject in his relation to law.
. &o gi"e information to physicians of his rights and duties and the manner in which the law
expect him to act under certain circumstances.
!. &o enable a lawyer find the principles which apply, and the laws and decisions which may
go"ern, in any case in"ol"ing medical 'uestions, as well as the points upon which medical
experts should be examined.
$. &o ac'uaint medical and law students and practitioners of the recent ad"ances of forensic
medicine and the medico legal system and procedure adapted in different countries.
(. )tudents of criminology and police sciences must be ac'uainted with the medical aspect of
criminal in"estigation, their significance, interpretation and probati"e "alue in court.
LEGAL MEDICINE AND THE LEGAL SYSTEM
1. #ourts routinely call upon physicians to gi"e expert testimony in a trial, especially concerning
the findings of an autopsy and the results of laboratory tests.
. *s an expert witness he is allowed to express an opinion about the "alidity of the e"idence in a
case and may 'uote the statements of other experts in support of an opinion.
!. %rdinary testimony is restricted to statements concerning what the witness actually saw or
heard.
$. &he e"idence to be presented by the legal medicine expert must signify a relation between the
facts called the + ,actum -robandum. or proposition to be established and the + factum
-robans. which is the material e"idencing the proposition.
(. &he -hysician must present /0L01*2&, 3*&0/I*L *24 #%3-0&02& 01I402#0.
SCOPE OF LEGAL MEDICINE
&he scope of legal medicine is 'uite broad. It is the application of all branches of medicine and
other allied sciences to law and administration of justice. &he knowledge of wounds has been ac'uire in
surgery, abortion in gynecology, sudden death in medicine, effects of trauma in pathology, etc. although
"iewed in a different angle.
NATURE OF LEGAL MEDICINE
5nowledge of legal medicine means the ability to ac'uire facts, the power to arrange those facts
in the logical order, and the application for the purposes of law the conclusion which they lead.
* physician should be an impartial obser"er, intent only or seeking the truth of a case in relation
its circumstances, the conscience with which he discharges his duties is but a corollary to his putting
into practice the medico legal knowledge he has ac'uired.
It is not only necessary that a physician should ha"e an impartial and accurate obser"ation of
the facts but also must posses the power to impart in words or in writing all of his obser"ation to others.
6e must con"ey all the facts he has obser"ed and be able to gi"e is logical opinion.
MEDICAL JURIST7 8medical examiner, medico7legal officer, medico7legal expert9 is a physician who
specializes or is in"ol"ed primarily with medico7legal duties. 6e must possess sufficient
knowledge pathology, surgery, toxicology, and other branches of medicine in the
application to law and justice.
DISTINCTION BETWEEN ORDINARY PHYSICIAN AND A MEDICAL JURIST
1. *n ordinary physician sees an injury or disease on the point of "iew of treatment, while a
medical jurist sees injury or disease on the point of "iew of the cause.
. &he purpose of an ordinary physician in examining a patient arri"e at a definite diagnosis so that
appropriate treatment can be instituted, while the purpose of a medical jurist in examining the
patient is to include the bodily lesions in his report and testify before the court or before an
in"estigati"e body.
!. 3inor or tri"ial injuries are usually ignored by an ordinary physician in as much as they do not
re'uire usual treatment. 6owe"er a medical jurist must record all bodily injuries e"en if they are
small or minor because these injuries may be proofs to 'ualify or justify the act.
OTHER DEFINITIONS
1. ,orensic denotes anything belonging to the court of law or used in court or legal proceedings
or something fitted for legal or public argumentations.
. 3edicine is a science and art dealing with pre"ention, cure and alle"iation of disease. It is that
part of science and art or restoring and preser"ing health.
!. Legal is that which or pertains to law, arising out of by "irtue of or included in law. It also refers
to anything conformable to the letters or rules of law as it is administered by the court.
BRANCHES OF LAW WHERE LEGAL MEDICINE IS PRINCIPALLY APPLIED
1. #i"il law is a mass precept that determines or regulates the relations of assistance, authority
and obedience between members of a family, and those that exist between members of a
society for the protection of pri"ate interest. In #i"il Law, knowledge of legal medicine may be
useful on the following:
&he determination and termination of ci"il personality
&he limitation and restriction of a natural person;s capacity to act
&he marriage and legal separation
&he paternity and filiation
&he testamentary capacity of a person making a will.
. #riminal law is that branch or di"ision of law which defines crime, treats of their nature, and
pro"ides for their punishment. Legal medicine may be applied in the following pro"isions of the
penal code:
#ircumstances affecting criminal liability 8&itle I9
#rimes against person 8&itle 1III9
#rimes against chastity 8&itle <I9
!. /emedial law 7 is that branch of law which deals with the rules concerning pleadings, practice
and procedure in all courts of the -hilippines. Legal medicine may be applied in the following
pro"isions of the rules of court:
-hysical and mental examination of a person 8/ule =9
-roceedings for hospitalization of an insane person 8/ule 1>19
/ules on e"idence
$. )pecial laws 7 Legal medicine may be applied in the following special laws:
4angerous 4rugs *ct 8/.*. ?$(9
@outh and child Aelfare #ode 8-.4. ?>!9
Insurance Law 8*ct 2o. $B as amended9
#ode of )anitation 8-.4. =(?9
MEDICAL EVIDENCE
0"idence the means, sanction by law of ascertaining in a judicial proceeding the truth respecting a
matter of fact.
/eference: )ection 1, , !, $, 71= rules of court
3edical 0"idence is the means sanction by law of ascertaining in a judicial proceeding that truth
respecting a matter of fact wherein scientific medical knowledge is necessary.
FORMS OF EVIDENCE
1. /eal 0"idence this form of e"idence is made known or addressed to the senses of the court.
)ection 1, /ule 1!> /ules of #ourt
1iew of an %bject whene"er an object has such a relation to the fact in dispute as to afford
reasonable grounds or belief respecting it, such object may be exhibit to or "iewed by the court, or its
existence, situation, or character pro"ed by witnesses, as the court in its discretion may determine.

a. Indecency and impropriety are exceptions to this rule of e"idence, but when exhibition is
necessary for the end of justice, notions of decency and delicacy of feeling will not be
allowed to pre"ail.
b. /epulsi"e objects and those offensi"es to sensibilities should also be excluded if they are
not absolutely necessary for the proper administration of justice.
. &estimonial 0"idence a physician may be placed at the witness stand to answer 'uestions
propounded to him by counsels of parties or by the presiding officer of the court. 6is testimony
must be gi"en orally in open court and under oath or affirmation.
Cualification of an %rdinary Aitness
)ection 1=, /ule 1!>, /ules of #ourt
0xcept as pro"ided in the next succeeding section, all persons who, ha"ing organs of sense, can
percei"e, and percei"ing, can make known their perception to others, may be witness. 2either parties
nor other persons interested in the outcome of a case shall be excluded, nor those who ha"e been
con"icted of crime, nor any person on account of his opinion on matters of religious belief.
Cualification of an 0xpert Aitness
)ection $, /ule 1!>, /ules of #ourt
&he opinion of a witness regarding a 'uestion of science, art or trade, when he is skilled therein,
may be recei"ed in e"idence.
!. 0xperimental 0"idence a medical witness may be re'uired to perform certain experiments to
pro"e a certain matter of fact. *gain such e"idence must not be offensi"e to decency,
sensibilities, and propriety. &he court, howe"er, in its discretion may or may not allow
experimental e"idence.
$. 4ocumentary 0"idence any written e"idence presented by a physician in court which is
rele"ant to the subject matter in dispute and not excluded by the rules of court is documentary
e"idence.
METHODS OF PRESERVING EVIDENCE
1. -hotography and sound recording
. )ketching
!. 4escription
$. &estimony of witnesses
KINDS OF EVIDENCE NECESSARY FOR CONVICTION
1. 4irect 0"idence that which pro"es the fact in dispute without the aid of any inference or
presumption. &he e"idence presented corresponds to precise or actual point at issue.
. #ircumstances 0"idence the proof of facts from which, taken either singly or collecti"ely, the
existence of a particular fact in dispute may be inferred as a necessary or probable
conse'uence.
Ahen is #ircumstantial e"idence sufficient to -roduce con"ictionD
a. Ahen there is more than one circumstance,
b. Ahen the facts from which the inferences are deri"ed are pro"en, and
c. Ahen the combination of all the circumstances is such as to produce a con"iction beyond a
reasonable doubt.
40E/00 %, -/%%, /0CFI/04 I2 &60 #%F/& %, GF)&I#0:
1. In ci"il cases, preponderance of e"idence only is re'uired.
. In criminal cases, proof beyond reasonable doubt is re'uired.