MODULE 7: PHYSICAL INJURIES
Deep gaping wounds caused by a blow with the moderately
By the end of the module, the student should be able to:
1. Identify the types of wound based on skin continuity and
injuring agents
2. Distinguish the different types of gunshot wounds (GSW)
3. Identify defense wound, suicide injuries, self-injuries,
mutilation, torture injuries
4. Identify fatal wounds
5. Relate the type of wounds as applied to actual cases:
People v. Mayingque et
al.,G.R.No.179709,July 6,2010;
People v. Reforma,G.R. No. 133440, June 7, 2004;
People v. Noel Lee, G.R. No. 139070. May 29, 2002.
———
1. Classification of wounds based on skin continuity
ABRASION
Removal of the superficial epithelial layer of the skin, usually
the epidermis, by friction against rough surface.
a. Scratch: caused by a sharp or pointed object passing
across the skin
b. Graze abrasion: caused by horizontal or tangential
friction between the skin and the hard rough surface
c. Pressure abrasion: caused by direct impact or linear
pressure of a rough object over the skin
d. Imprint abrasion: caused when the force is applied
perpendicular to the skin
BRUISE/CONTUSION
Extravasation of blood in the subcutaneous/subepithelial
tissues due to rupture of blood vessels; usually no loss of
continuity of the overlying skin
LACERATED WOUND
Tearing or splitting of the skin, mucous membranes, muscles or
internal organs caused by either a shearing or a crushing force
and produced by application of a blunt force to a broad area
of the body
a. Split laceration: occur when soft tissues are
sandwiched between a hard unyielding deeper
structure and the agent applying the force
b. Stretch lacerations: result from a heavy forceful
frictional impact of blunt forces exercising localized
pressure with pull
c. Avulsion: produced by force delivered at an oblique
or tangential angle to detach a portion of
traumatized skin surface or viscus
d. Tears: tearing of skin and subcutaneous tissue can
occur from localized impact by or against some hard,
irregular object
e. Cut laceration: heavy sharp-edged weapon causes a
deep and wide cut over the body tissues
INCISED WOUND
Clean cut wound through the tissues, caused by a sharp-edged
instrument, which is more long than deep.
CHOP WOUND
sharp cutting edge of a heavy weapon, applied with a
significant degree of force.
STAB WOUND
Wound produced from penetration with long narrow
instruments having pointed ends into the depths
of the body; usually deeper than its length and width.
a. Penetrating wound: weapon enters into the body
cavity producing only one wound
b. Perforating wound: weapon after entering into one
side of the body will come out through the other side,
producing two wounds
FIREARM WOUND
FRACTURE/DISLOCATION OF BONE, TOOTH OR
JOINT
2. Classification of words based on injuring agents
a. Sharp instruments: incisions, cuts, slash, amputations
· sharp instruments
· smooth edges
· generally, length is greater than width
· generally, not life threatening
· tends to gape
· examples of sharp-edged objects are a knife, razor, or
glass splinter.
· incisions – a clean cut in the skin, one caused by a
cutting instrument
· amputations - removal of a body extremity by trauma,
prolonged constriction, or surgery
b. Blunt instruments: lacerations, contusion (bruise),
hematoma, macerations, fractures
· length (depth) usually greater than width (diameter)
· generally more fatal due to involvement of internal
organs
· extent of injury not easily observable on ocular
inspection
· infection may go deeper
· lacerations – tear like wound
· contusions - swollen bruises due to accumulation of
blood and dead cells under skin
· hematoma - a mass of usually clotted blood that
forms in a tissue, organ, or body space as a result of a
broken blood vessels
· fractures - break in the continuity of the bone
· macerations - a situation in which the surrounding skin
of a wound retains too much moisture and thus
causing it to turn white and soften
c. Pointed instruments: stabs, prick, puncture, spike
· depth greater than width
· more fatal
 · deeper infection
· not too bloody but internal haemorrhage could be
extensive
· wounding instrument may be deduced from shape of
point of entry
· stab - specific form of penetrating trauma to the skin
that results from a knife or a similar pointed object
that is "deeper than it is wide"
· prick – a puncture made to the skin that is caused by
an instrument with a pointed end
d. Rough surface: abrasion, scrape, scratch, excoriate
· abrasion - made when the skin is rubbed or scraped
off; rope burns, floorburns, and skinned knees or
elbows are common examples of abrasions
· this kind of wound can become infected quite easily
because dirt and germs are usually embedded in the
tissues
e. Electricity: electrical burns
· severity determined by voltage, current and
resistance
· a burn that results from electricity passing through the
body causing rapid injury.
· differs from thermal or chemical burns in that they
cause much more subdermal damage can exclusively
cause surface damage, but more often tissues deeper
underneath the skin have been severely damaged;
· electrical burns are difficult to accurately diagnose,
and many people underestimate the severity of their
burn; in extreme cases, electricity can cause shock to
the brain, strain to the heart, and injury to other
organs.
f. Chemicals: chemical burn, poison injury
· chemical burn are burns to internal or external organs
of the body caused by contact, ingestion, inhalation
of noxious fumes of acids, alkalis or organic
materials.); all chemical burns are classified as major
burn injuries
g. Explosives: blast injury, burns, avulsions, fractures
· a complex type of physical trauma resulting from
direct or indirect exposure to an explosion
· blast injuries occur with the detonation of high-order
explosives as well as the deflagration of low order
explosives and these injuries are compounded when
the explosion occurs in a confined space
· avulsion - an injury in which a body structure is forcibly
detached from its normal point of insertion by either
trauma or surgery; the term most commonly refers to
a surface trauma where all layers of the skin have
been torn away, exposing the underlying structures
(i.e., subcutaneous tissue, muscle, tendons, or bone);
similar to an abrasion but more severe, as body parts
such as an eyelid or an ear can be partially or fully
detached from the body.
h. Gravitational force: contusions, hematoma, fractures,
macerations
i. Stretching: avulsions
j. Poisons, chemicals: Chemical burns
k. Electricity: electrical burns
l. Cold: Hypothermia
· Hypothermia - medical emergency that occurs when
your body loses heat faster than it can produce heat,
causing a dangerously low body temperature; a
potentially fatal condition, occurs when body
temperature falls below 95°F (35°C)
m. Hot: Hyperthermia
· defined as a temperature greater than 37.5–38.3 °C
(99.5–100.9 °F), depending on the reference used,
that occurs without a change in the body's
temperature set point
· elevated body temperature due to failed
thermoregulation that occurs when a body produces
or absorbs more heat than it dissipates.
· extreme temperature elevation then becomes a
medical emergency requiring immediate treatment to
prevent disability or death
· most common causes of Hyperthermia include heat
stroke and adverse reactions to drugs
n. Radiation: Radiation burns
· damage to the skin or other biological tissue caused
by exposure to radiation
· radiation types of greatest concern are thermal
radiation, radio frequency energy, ultraviolet light and
ionizing radiation.
· most common type of radiation burn is a sunburn
caused by UV radiation
· high exposure to X-rays during diagnostic medical
imaging or radiotherapy can also result in radiation
burns
· radiation burns are often associated with radiation-
induced cancer due to the ability of ionizing radiation
to interact with and damage DNA, occasionally
inducing a cell to become cancerous
o. Microwaves/radiowaves: microwave/radiowave injuries
· microwave burns are burn injuries caused by thermal
effects of microwave radiation absorbed in a living
organism
· in comparison with radiation burns caused by ionizing
radiation, where the dominant mechanism of tissue
damage is internal cell damage caused by free
radicals, the primary damage mechanism of
microwave radiation is thermal, by dielectric heating
· microwave damage can manifest with a delay; pain
and/or signs of skin damage can show some time
after microwave exposure
p. Bacteria/viruses: Infections
3. Gunshot wounds (GSW) the unyielding object over the exit site – leaving an
abrasion collar on the wound margin.
3.1.1. Medium/high velocity

Penetrating mechanisms of injury can be described as low, 3.1.6. Stellate wound

medium or high velocity. Damage from low-velocity
mechanisms, such as stabbings, is often limited to the
structures directly contacted. Medium-velocity mechanisms,
like bullets from most types of handguns, produce less tissue
destruction than high-velocity forces. High-velocity
mechanisms include shots from rifles and larger military
weapons.
o Entry wound
o Due to tearing of skin from expanding gas dissecting
between the scalp and skull.
o Associated with the CONTACT RANGE (where the muzzle
is pressed against the skin when fired).

3.1.2. Entrance/exit wound 3.1.7. Buckshots

Gunshots may create both entrance and exit wounds. Entrance A large size of lead shot used in shotgun shells for
wounds tend to have a round shape with a surrounding margin hunting game, as pheasants or ducks.
of abrasion. It has three categories- contact wounds, close- or
intermediate-range wounds, and distant-range wounds.
Contact wounds occur when a firearm is held directly against
the body, and can include a muzzle imprint and soot on the
skin. Close- or intermediate-range wounds may have a wider
zone of powder stippling. Distant-range wounds tend to lack
powder stippling and may have holes roughly equal to the
caliber of the projectile fired.

Exit wounds can have a variety of appearances, including

round, oval, slitlike, stellate or crescent. They may be larger
than entrance wounds if the bullet expanded or tumbled on its
axis, but most likely won't have gunshot residue. If an exit
wound was abutted by firm support, such as clothing or
furniture, it may have a circular defect and abraded margin
resembling an entrance wound.

3.1.3. Abrasion rim/collar

Term which identifies a type of wound that occurs when

someone is shot from more than two feet away. It usually looks
like a bruise in the shape of a halo circling the bullet’s point of
entry.

3.1.4. Stippling

o Entry wound
o Due to unburned gunpowder grains exiting from the gun –
these cause PINPOINT ABRATIONS on the skin.
§ NOT burns Buckshot wound
o Presence of stippling defines the INTERMEDIATE RANGE
§ Distance: from a few centimeters up to several feet
3.1.8. Shotgun wounds/satellite injuries

3.1.5. Shoring o Shotgun bullets contain numerous pellets

o At contact range up to a few feet, the entrance wound is a
o A shored exit wound is one in which the skin is in contact
single round defect
with another object when the bullet exits.
o At a range of 3-4 feet, the pellets begin to spread out
o Produced when the outstretched skin is impaled,
before reaching the body, producing one large entry
sandwiched, and crushed between the outgoing bullet and
 wound surrounded by scalloping or several smaller defects
due to penetration by individual pellets
o As the range increases, the central defect becomes smaller
and the number of surrounding pellet holes increases
3.1.9. Snowstorm pattern
Centerfire rifle wounds:
o In contact wounds of the head with centerfire rifles, there is
massive tissue destruction of the skin, skull, and brain
o Full metal jacketed bullets produce less tissue damage and
tend to travel through the body undeformed
o Semi-jacketed ammunition creates the classic “lead
snowstorm” appearance on x-ray due to peeling back of
the jacket as it travels through the body, releasing
numerous small lead fragments
3.1.10. Keyhole
o Tangential entrance wounds into bone may produce
"keyhole" defects with entrance and exit side-by-side, so
that the arrangement of bevelling can be used to
determine the direction of fire.
o The mechanism of injury used to explain keyhole lesions is
that as the bullet enters the skull tangentially, the bullet is
split, one portion entering the cranial cavity while the other
is expelled producing the exit defect.
o However, this is not always the case, the keyhole defect
may be produced by a bullet that remains virtually intact.
o Keyhole defects, although, are not exclusive to entrance
sites and have also been observed in exit sites.
 Typical Entrance Wounds
3.1.11. Pathology of GSW
Exit wounds can appear round, oval, slit like, stellate, or
IDENTIFYING ENTRANCE, EXIT, AND GRAZE
crescent shaped. In other words, exit wounds can take any
WOUNDS
shape whether small or large. Size does not determine whether
a gunshot wound is an exit wound; rather, it is the lack of a
Typical entrance wounds are ordinarily round in shape with a
margin of abrasion that distinguishes an exit wound from an
circumferential margin of abrasion surrounding the defect
entrance wound. Exit wounds may have small marginal tears
produced by the bullet. The margin of abrasion is a scraping
caused by the bullet pushing the skin outward. Exit wounds
or scuffing of the skin caused by the bullet as it pushes inward.
may also have an atypical appearance. One example is a
The margin of abrasion may be concentric or eccentric. When a
shored or reinforced exit wound. Shored exit wounds are
bullet penetrates the skin nose on, it produces a concentric
encountered when the skin is sup- ported by a firm surface,
mar- gin of abrasion—that is, a ring of scraped skin of uniform
such as a wall or floor, as the bullet exits. The exiting bullet
thickness—because it enters perpendicular to the skin. When
pushes the skin into the supporting surface, which scrapes and
the nose of a bullet penetrates the skin at an angle, it produces
abrades it. Articles of clothing, such as leather belts, may also
an eccentric margin of abrasion, that is, a ring that is thicker in
provide sufficient firmness to produce shored exit wounds.
1 area. The thick area of an eccentric margin of abrasion
indicates the direction from which the bullet came. In addition,
When a bullet perforates flat bones, such as the skull, sternum,
the thicker the margin the shallower the angle of the bullet was
or ribs, beveling allows the forensic pathologist to determine
as it struck the skin.
the direction of the wound by examining the bone. Beveling is
caused by the forward moving force of the bullet, which
Atypical entrance wounds are irregular in shape and may have
creates a cone-shaped deformity as it pushes through the
tears at the margins. They can be caused by a weapon that
layers of bone. The tip of the cone points in the direction from
malfunctions or by defective ammunition, but more often they
which the bullet came. In the example of a gunshot wound of
result from ricochets or the pas- sage of a bullet through an
entrance involving the skull, the outermost layer of bone will
intermediate target, such as an automobile window, before it
have a smaller defect than the inner layers of bone.
strikes the body. The bullet may, in turn, impart velocity to the
intermediate target causing it to strike the skin producing
Graze gunshot wounds occur when a bullet scrapes or grazes
atypical abrasions around the entrance wound. Another type of
over the skin without penetrating more deeply. These wounds
atypical en- trance wound occurs when the muzzle of a gun is
are usually elongated to oval in appearance and may have
in con- tact with the skin over a bony surface, such as the skull
marginal tears at the edges. If the tears are pointed, they can
or sternum
be used to indicate the direction of the bullet the tears point in
the direction the bullet is traveling and away from the direction
from which the bullet came.

DETERMINING RANGE OF FIRE

Range of fire is an estimate of how close the muzzle of the gun
was to the surface of the victim’s body or clothing at the time
of discharge. his determination is usually made by an unaided
visual inspection for the presence or absence of substances
that exit the muzzle of the gun along with the bullet with
consideration of the circumstances of the shooting.
Depending on the range of fire, these substances can be
deposited on the skin or clothing. If the muzzle of the gun is in
contact with the skin, these substances may be deposited
within the wound or, if the muzzle is in very close proximity to
the skin, around the entrance wound. In general, substances
exiting the barrel of a gun along with the bullet will be
deposited on the skin if the muzzle is within 2 feet of the
victim’s body.
The principle indicator of close range fire is stippling, that is, a
pattern of tiny punctuate abrasions in the skin surrounding the
entrance wound. Stippling is caused by unburned particles of
gunpowder striking the skin. In contrast to other substances
that may be deposited on the skin, such as soot, stippling
cannot be washed away. The presence of stippling indicates
that the muzzle of the gun was within 2 feet of the victim’s
body when it was discharged. Contact range firing occurs when
the muzzle of the gun is in contact with the skin at the time of
discharge. Contact range wounds are commonly seen in
suicidal firearm injuries. These wounds are often characterized
by a dense pattern of combusted gun- powder residue or soot
within and around the wound margin. Soot is lighter in weight
than unburned particles of gunpowder. Most of the soot will,
therefore, only carry a few inches from the muzzle of the gun
before falling away. Unlike stippling, soot may be washed
away. Contact range gunshot wounds are no exception to the
general rule that entrance wounds have a margin of abrasion,
but the margin of abrasion in a contact wound may be seared
or charred. There may also be red discoloration of the
surrounding skin from carbon monoxide, which is a component
of the gases discharged from a gun when it is fired. A muzzle
imprint is not an uncommon finding and is virtually
pathognomonic of a contact range gunshot wound.
Distant range gunshot wounds, that is, wounds inflicted when
the muzzle of the gun is more that 2 feet away, will show no
evidence of soot or stippling. It is absolutely critical that the
forensic pathologist recognizes that the absence of soot or
stippling does not absolutely mean that the wound was not
fired from close range. Intermediate targets and clothing can
screen out stippling and soot even when the muzzle of the gun
is pressed up against the clothing. The most accurate way to
determine range of fire is to test fire the weapon at various
distances with the same type of ammunition to create a pattern
of soot or stippling matching that found at the time of autopsy.
Muzzle to garment testing, as this technique is sometimes
called, is ordinarily done by a ballistics expert in a crime
laboratory. Clothing can also be tested for the presence of
gunpowder residue to determine whether, for example, a
bullet caused a particular defect in the clothing. This type of
testing cannot establish range of fire, but it can give the
maximum distance from which the gun was fired based on the
distance the gunpowder residue may travel.
INTERNAL INJURIES FROM GUNSHOT WOUNDS
Gunshots inflict damage by disrupting tissues, causing
hemorrhage, and permitting the entrance of infection.
Generally, 3 factors determine the severity of a gunshot injury:
the amount of kinetic energy transferred by the bullet to the
surrounding tissues, the internal organs and structures
damaged by the bullet, and the bullet’s final disposition.
The anatomic location of the wound is critical—a gunshot
wound to the central nervous system, even one of low velocity,
can be more life threatening than a high-velocity wound
through the arm. Tissue damage is not, however, limited to the
path the bullet travels through the body. Damage may occur
remote from the bullet path if the kinetic energy of the bullet is
great enough to produce a shock wave. Cavitary effect is the
concept that explains the shock wave produced by a bullet as
it passes through an organ or other anatomical structure. As a
bullet passes through a body and transfers its kinetic energy, it
produces a shock wave that creates a temporary cavity greater
than the bullet’s diameter. The greater the kinetic energy that
is transferred the greater the size of the temporary cavity. The
extent of damage de- pends on whether the transient
expansion of tissues and organs exceeds the elasticity of the
particular structure through which the bullet passes. Organs
such as the liver and spleen, which lack elasticity, are easily
lacerated. Organs that are more elastic, such as the stomach
and intestines, may only suffer contusions. After the temporary
cavity collapses, a permanent cavity wider than the bullet may
persist
4. Other types of wounds
4.1. Defense wounds
o Injuries received by the victim of an attack while trying to
defend against the assailant.
o Any type of injuries that result from an attempt, or repeated
attempts, to defend against an assailant using such sharp
edged weapons as knives or blunted instruments such as
fists and clubs. Such wounds are usually deeply indented
stab wounds, but can be either blunt or sharp in nature.
o Presence of defense wounds is justly considered an
important sign that an individual has been the victim of an
assault.
o Indicate that the attacked person was – at least initially –
conscious and able to use his limbs for protection resulting
in injuries to the forearms or hands or – in rare cases – to
the legs.
4.2. Suicide wounds
− Firearms
o Where on the body the injury occurred: A shot
to the side of the head, in the mouth, or to the front of
the chest is usually suicide. Wounds located anywhere
else are most likely homicide.
o Distance of gun from the body: Most suicide shots
are at contact or near contact range, causing a burn
mark around the wound and leaving gunpowder
 residue (which can be wiped off). At contact range, and
if the gun is fired just above a bone, such as the skull or
the sternum, a star-like wound is produced. Anything
further away is likely homicide.
o Angle of the shot: Most suicide shots are angled
slightly upward.
o Number of shots fired: After one shot, even if a
suicide victim isn't dead, he would likely be unconscious
or physically unable to fire a second time. Multiple shots
usually indicate homicide.
o Presence of gunpowder residue on victims
hand: If a man shot himself, there would be powder
residue from unburned carbon on the hand that fired
the gun.
− Knives
o Defensive cuts: In a homicide, there will be defensive
cuts on the palms of the victim's hands and on the
underside of her arms as she tries to fight off her
attacker.
o Number of wounds and their location: A murder
usually involves multiple stab wounds to the side, back
or stomach. In a suicide, while there may be additional
cuts across the wrist and tentative test stabbings to see
if it will hurt, or to work up courage, there will usually
only be one wound and most likely in the chest.
o Location of the murder weapon: In a suicide, the
weapon will be at the scene with the victim's
fingerprints on it. In a homicide, the weapon is often
missing.
− Hanging
o Hanging, whether done with rope, an electrical cord or
a belt, always leaves an inverted V bruise, and is easy to
tell from ligature strangulation (murder), which leaves a
straight-line bruise. Hanging compresses the veins, but
arterial blood flow continues, causing small bleeding
sites on the lips, inside the mouth and on the eyelids.
As with ligature strangulation, the face and neck are
congested with blood and become dark red.
o Ligature strangulations are almost always homicide and
the victims are almost always women. Often the
murderer uses more force than necessary to kill the
victim, causing deep bruises and abrasions around the
neck. The victim will usually struggle, which results in
damage to both the interior and exterior structures of
the neck and throat.
4.3. Self-injuries
Self-injury (SI) or self-harm (SH) occurs when a person hurts his
or her body on purpose. This kind of harm is not suicidal
behavior. Many self-harmers hurt themselves because they feel
it is the only way to stay alive.[2] However, in some cases the
self-harm becomes so bad it can lead to death, and those who
self-harm are more likely to commit suicide than those who do
not.
There are many different reasons why a person may hurt
themselves, though it is often hard to find an exact cause.
Sometimes, the self-harm helps relieve unbearable emotions,
or feelings of unreality or numbness. Self-harm is often a
symptom of other problems. These problems may include
physical abuse, sexual abuse, or eating disorders. Self-harm
may also stem from mental problems such as low self-esteem
or perfectionism.
Studying the causes of self-injury can be difficult or inaccurate,
because many self-harmers try to hide their injuries
Types of Self-Injury
There are many things that can be considered self-harm. If
someone works their body too hard, for example, this can be
seen as a mild form of self-injury. In other mild cases, a self-
harmer may purposely pick off scabs to keep cuts or scratches
from healing. Compulsive hair-pulling (trichotillomania) and
compulsive skin-picking (dermotillomania) are impulse control
disorders which are also mild forms of self-harm.
In more severe cases, a self-harmer could break or sprain a
bone, or lose a dangerous amount of blood. Biting, burning,
and cutting are other forms of self-injury. Overdosing on
medication is another common type of self-harm.
Self-harm may get worse the longer a person has been doing
it. This is because a person's body builds up tolerance to (gets
used to) the pain from their injuries. Because of this, they have
to hurt themselves more to get the same effect. In some cases,
this can lead to fatal or near-fatal injuries.
A person may go through voluntary pain for other reasons that
are usually not considered self-injury. A self-inflicted wound is
when someone injures themselves to avoid something, not
because of psychological problems. Some people give
themselves a self-inflicted wound during wartime so that they
do not have to serve in the military.
Treatment
Self-harm is an addictive behavior. Once someone starts self-
injury, it is difficult for them to stop, even if they want to. This
makes professional help and treatment an important part of
recovery from self-injury.
The type of treatment that is most effective is different from
person to person. There are many different types of therapy
that have been used to help people that self-harm.
Cognitive-behavioral therapy may help a person understand
why they self-harm. Cognitive-behavioral therapy is used to
help patients understand the reasons for their problem. This is
so that the patient may learn what is causing their self-harm,
and learn how to deal with these problems in a way other than
self-harm. Therapies used for post-traumatic stress disorder
may also help. This is because many people who self-harm
have been victims of abuse.
Drugs may also be used to help treat self-injury. It is thought
that self-injury can release chemical endorphins into the brain.
Over time, these chemicals can become addictive. There are
some drugs that can help with this addiction, but they have not
been proven to help people who self-injure. Naltrexone and
naloxone are two drugs being researched for this kind of
treatment. Research involving endorphins has been mostly
done with animals. It is unclear if their brain chemistry changes
the outcome of the research.
4.4. Torture
Torture (from the Latin tortus, "twisted") is the act of
deliberately inflicting physical or psychological pain on an
organism in order to fulfil some desire of the torturer or
compel some action from the victim. Torture, by definition, is a
knowing and intentional act; deeds which unknowingly or
negligently inflict pain without a specific intent to do so are not
typically considered torture.
Torture has been carried out or sanctioned by individuals,
groups, and states throughout history from ancient times to
modern day, and forms of torture can vary greatly in duration
from only a few minutes to several days or longer. Reasons for
torture can include punishment, revenge, political re-
education, deterrence, interrogation or coercion of the victim
or a third party, or simply the sadistic gratification of those
carrying out or observing the torture. The need to torture
another is thought to be the result of internal psychological
pressure in the psyche of the torturer. The torturer may or may
not intend to kill or injure the victim, but sometimes torture is
deliberately fatal and can precede a murder or serve as a form
of capital punishment. In other cases, the torturer may be
indifferent to the condition of the victim. Alternatively, some
forms of torture are designed to inflict psychological pain or
leave as little physical injury or evidence as possible while
achieving the same psychological devastation. Depending on
the aim, even a form of torture that is intentionally fatal may be
prolonged to allow the victim to suffer as long as possible
(such as half-hanging).
Although torture was sanctioned by some states historically, it
is prohibited under international law and the domestic laws of
most countries, as developed in the mid-20th century. It is
considered to be a violation of human rights, and is declared
to be unacceptable by Article 5 of the UN Universal
Declaration of Human Rights. Signatories of the Geneva
Conventions of 1949 and the Additional Protocols I and II of 8
June 1977 officially agree not to torture captured persons in
armed conflicts, whether international or internal. Torture is
also prohibited by the United Nations Convention Against
Torture, which has been ratified by 158 countries. Although
torture is universally condemned by all democratic nations,
there have been many suspected or known instances of its
sanctioned use - regardless of its legality. An example of this is
the use of euphemistically-named enhanced interrogation
techniques including waterboarding, known to have been used
by the United States after the September 11 attacks.
National and international legal prohibitions on torture derive
from a consensus that torture and similar ill-treatment are
immoral, as well as impractical. Despite these international
conventions, organizations that monitor abuses of human
rights (e.g., Amnesty International, the International
Rehabilitation Council for Torture Victims, Freedom from
Torture, etc.) report widespread use condoned by states in
many regions of the world. Amnesty International estimates
that at least 81 world governments currently practice torture,
some of them openly. Historically, in those countries where
torture was legally supported and officially condoned, wealthy
patrons sponsored the creation of extraordinarily ingenious
devices and techniques of torture.
4.5. Mutilations
Mutilation or maiming is an act of physical injury that degrades
the appearance or function of any living body.
Some ethnic groups practice ritual mutilation, (scarification,
burning, flagellation, tattooing, or wheeling) as part of a rite of
passage. In some cases, the term may apply to treatment of
dead bodies, such as soldiers mutilated after they have been
killed by an enemy.
The traditional Chinese practices of língchí and foot binding
are forms of mutilation. One form of mutilation that has
captured the imagination of Westerners, as well as the now
tourist centered "long-neck" people, a sub-group of the Karen
known as the Padaung where women wear brass rings around
their neck. The act of tattooing is also considered a form of
self-mutilation according to some cultural traditions, such as
within Christianity. A joint statement released by the United
Nations and numerous other international bodies opposes
female genital mutilation as a form of mutilation. Whether or
not male circumcision amounts to mutilation is a subject of
active academic debate. Castration is also a form of mutilation.
Maiming, or mutilation which involves the loss of, or incapacity
to use, a bodily member, is and has been practiced by many
societies with various cultural and religious significances, and is
also a customary form of physical punishment, especially
applied on the principle of an eye for an eye. In Sharia law,
mutilation is, in certain cases, used as a punishment for crimes.
For example, thieves may be punished by having the right
hand amputate
5. Cases
5.1. People v. Mayingque et al.,G.R.No.179709,July 6,2010
People v. Mayingque
Facts:
1. Appellants Toribio Mayingque alias Loloy, Gregorio
Mayingque alias Gorio, and Filomeno Mayingque alias
Boy Roti were charged with the murder of Edgardo
Sumalde Tusi.
2. Wife of Edgardo, Salvacion Tusi, testified that:
a. She knew the appellants because they usually had
their drinking sessions on Sundays at Edwin’s place,
which was beside her residence at Pedro Sabido
Street, BF Resort Village, Las Piñas City
b. In one such drinking session, Edgardo, annoyed by
the noise made by the appellants and Edwin, was
prompted to admonish them to tone down their
 voices; that the appellants and Edwin resented RTC: guilty of murder and upheld the prosecution’s
Edgardo’s admonition version. They ratiocinated that:
c. While she and Edgardo were resting in front of their The multiple wounds suffered by the victim even
house at around 5 pm on May 30, 1999, Toribio belies a any pretension of self defense. The victim
arrived and without saying anything stabbed suffered 10 stab wounds and 2 incised wounds. In all, the
Edgardo twice on his side victim suffered 12 wounds1
d. She shouted for help, but her cousin Ruben Bernal
could not do anything because Edwin, Filomeno and According to Dr. Talen, the relative position of the
Gregorio had meanwhile joined Teofilo in assaulting assailant in inflicting wounds No. 7 to 10 most probably
Edgardo was facing the victim and the trajectory is directed
3. Ruben Bernal and Jaime Bernal corroborated Salvacion’s downwards and the infliction came from above. Injury
recollection of the assault on Edgardo. According to them, Nos. 1, 2, 4 and 5 were inflicted in any position. Wound
the appellants ganged up on Edgardo, with Teofilo
wielding a kitchen knife with which he stabbed Edgardo

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1
 No.
  1
  Stab
  Wound,
  parietal
  region,
  measuring
  4
  by
  0.5
  cm
  right
  of
  the
 
twice and Gregorio hacking Edgardo on the head with a mid-­‐sagittal
 line
 which
 is
 on
 the
 right
 part
 of
 the
 head
 measuring
 4
 x
 .5
 cm
 which
 is
 
bolo while Filomeno and Edwin restrained Edgardo. They a
  superficial
  wound
  because
  there
  was
  no
  other
  organ
  damaged
  and
  it
  is
  not
  a
  fatal
 
injury.
 
 This
 is
 caused
 by
 a
 sharp
 bladed
 weapon
 and
 that
 he
 pointed
 injury
 No.
 1
 in
 
heard Edwin tell the appellants to ensure that Edgardo the
 Anatomical
 Sketch;
 
No.
 2
 Stab
 Wound,
 parietal
 region,
 measuring
 2.5
 by
 0.2
 cm,
 10
 cm
 right
 of
 
was lifeless before leaving him.
mid-­‐sagittal
  line,
  he
  described
  that
  this
  wound
  is
  a
  superficial
  wound
  which
  is
 
4. Dr. Romeo T. Salen, Medico Legal Officer of the Western almost
 the
 same
 size
 of
 injury
 No.
 1
 which
 was
 likewise
 caused
 by
 a
 sharp
 bladed
 
Police District (now Manila Police District) Crime weapon;
 
No.
 3,
 stab
 wound,
 right
 orbital
 region,
 measuring
 4
 by
 0.4
 cm.
 4
 from
 the
 
Laboratory, appeared in court in representation of Dr. anterior
 midline,
 6
 cm
 deep,
 directed
 posterior
 wards
 and
 downwards,
 piercing
 the
 
optic
  nerve
  and
  the
  adjacent
  soft
  tissues
  and
  muscles
  which
  means
  from
  front
  to
 
Emmanuel L. Aranas, and brought the following
back
 and
 it
 pierced
 the
 optic
 nerve
 which
 is
 responsible
 for
 the
 movement
 and
 for
 
documents: (a) Request for Examination on the Cadaver of the
  eyes
  to
  see.
 
 Wound
  No.
  3
  is
  very
  damaging
  because
  it
  will
  cause
  blindness
  to
 
the deceased transmitted by the Las Piñas Police and the
  right
  eye
  and
  if
  the
  bleeding
  is
  profuse
  and
  if
  no
  medication
  is
  done,
  the
  patient
 
could
 die.
 
 This
 is
 a
 fatal
 injury
 and
 is
 indicated
 in
 the
 Anatomical
 Sketch;
 
received by Dr. Aranas; (b) Certification of Identification No.
 4,
 Incised
 wound,
 right
 temporal
 region,
 measuring
 5
 by
 0.7
 cm,
 8
 cm
 
and Consent for Autopsy signed by the brother of anterior
  midline.
 
 This
  is
  an
  incised
  wound
  also
  a
  superficial
  injury
  caused
  by
  a
 
sharp
 bladed
 instrument;
 
Edgardo; (c) Post Mortem Examination or Anatomical No.
 5,
 Incised
 Wound,
 submental
 region,
 measuring
 3
 by
 0.5
 cm,
 4
 cm
 left
 
Sketch; (d) Medico Legal Report; and (e) Death Certificate of
  the
  anterior
  midline.
 
 This
  wound
  is
  located
  on
  the
  chin
  a
  superficial
  and
  non
 
fatal
 injury
 and
 this
 injury
 is
 indicated
 in
 Exhibit
 “L”
 as
 injury
 No.
 5;
 
of Edgardo prepared by Dr. Aranas No.
  6,
  Stab
  wound,
  neck,
  measuring
  1.5
  by
  1.5
  cm,
  along
  the
  anterior
 
5. Dr. Salen explained that based on Dr. Aranas’ written midline,
  7
  cm
  deep,
  directed
  posterior
  wards,
  downwards,
  and
  lateral
  wards,
 
piercing
 the
 upper
 lobe
 of
 the
 left
 lungs.
 
 This
 injury
 is
 located
 on
 the
 left
 side
 of
 the
 
findings, Edgardo had sustained 12 wounds in the head, neck
  directed
  posterior
  ward
  or
  front
  to
  back
  and
  the
  upper
  lobe
  of
  the
  left
  lung
 
neck and chest, eight of which had been fatal. was
 destroyed.
 
 This
 wound
 is
 fatal
 and
 caused
 the
 death
 of
 the
 victim.
 
 This
 injury
 
is
  indicated
  in
  the
  Anatomical
  Sketch
  as
  Wound
  No.
  6
  and
  the
  injury
  was
  caused
  by
 
6. Defense’s Version sharp
 bladed
 instrument;
 
• For Toribio: SELF DEFENSE: he was hit by Edgardo No.
  7,
  Stab
  Wound,
  neck,
  measuring
  3.5
  by
  1.5
  cm,
  along
  the
  anterior
 
midline,
  7
  cm
  deep,
  directed
  posterior
  wards,
  downwards
  and
  lateral
  wards,
 
by a lead pipe and was mauled by the 2 other piercing
 the
 upper
 lobe
 of
 the
 left
 lung.
 
 This
 injury
 is
 located
 on
 the
 middle
 part
 of
 
companions of Edgardo. Edgardo spotted him, held the
 neck
 and
 injured
 a
 major
 organ
 which
 is
 the
 lung
 and
 fatal,
 this
 is
 indicated
 in
 
the
 Anatomical
 Sketch
 as
 Injury
 No.
 7
 and
 caused
 by
 a
 sharp
 bladed
 instrument;
 
him by the collar, and punched him; that Ruben and No.
 8,
 Stab
 Wound,
 left
 supraclavicular
 region,
 measuring
 2.5
 by
 1.5
 cm,
 12
 
Jaime also hit him with a lead pipe and a wooden cm
 from
 the
 anterior
 midline,
 5
 cm
 deep,
 directed
 posterior
 wards,
 downwards
 and
 
medial
 wards,
 piercing
 the
 upper
 lobe
 of
 the
 left
 lung.
 
 This
 wound
 is
 located
 at
 the
 
club (dos por dos), injuring his left chest; that he clavicular
  which
  is
  the
  bone
  of
  the
  chest
  and
  directly
  behind
  the
  clavicular
  is
  the
 
parried their blows until they reached the street, lungs
  and
  this
  injury
  is
  fatal
  and
  could
  cause
  the
  death
  of
  the
  victim
  and
  said
  injury
 
is
 indicated
 in
 the
 Anatomical
 Sketch
 and
 the
 injury
 was
 caused
 by
 a
 sharp
 bladed
 
where he fell on a small table used for selling Indian instrument;
 
 
mangoes; that he was able to pick up a small knife No.
  9,
  Stab
  wound,
  left
  clavicular
  region,
  measuring
  2
  by
  0.5
  cm.
  9
 
cm.
 
 From
 the
 anterior
 midline,
 6
 cm
 deep,
 directed
 poster
 wards,
 down
 wards
 and
 
used for peeling the mangoes, and while he was medial
  wards,
  passing
  thru
  the
  1st
 left
  intercostals
  space,
  piercing
  the
  upper
  lobe
  of
 
about to stand up from a prostrate position, he the
 left
 lung.
 
 This
 injury
 is
 located
 at
 the
 clavicular
 region
 and
 destroys
 the
 upper
 
lobe
  of
  the
  left
  lung
  and
  this
  is
  a
  fatal
  wound
  caused
  by
  a
  bladed
  weapon.
 
 This
 
stabbed Edgardo on the head, neck and chest with injury
 is
 indicated
 in
 the
 Anatomical
 Sketch
 as
 Wound
 No.
 9;
 
the knife. Thereafter, he surrendered to the No.
 10,
 Stab
 wound,
 left
 infraclavicular
 region,
 measuring
 2
 by
 1
 cm.
 12
 cm
 
from
  the
  anterior
  midline,
  10
  cm
  deep,
  directed
  posterior
  wards,
  downwards
  and
 
authorities medialwards
 passing
 thru
 the
 2nd
 left
 intercostals
 space,
 piercing
 the
 upper
 lobe
 of
 
• For Gregorio: he was taking care of his grandson the
  left
  lung.
 
 This
  injury
  is
  located
  at
  the
  clavicular
  region
  directly
  behind
  is
  the
 
lung
 and
 this
 injury
 is
 fatal
 caused
 by
 a
 bladed
 instrument
 and
 the
 same
 is
 indicated
 
during the incident and was advised by his neighbor in
 the
 Anatomical
 Sketch
 as
 Wound
 No.
 10.
 
to leave his house since Toribio had been involved in No.
  11.
 
 Stab
  wound,
  sternal
  region,
  measuring
  3
  by
  0.6
  cm.
 
 
 Along
  the
 
anterior
  midline,
  10
  cm.
 
 Deep,
  directed
  posteriorwards,
  downwards
  and
 
a fight and he left and went to Antipolo city and lateralwards,
 piercing
 the
 upper
 lobe
 of
 the
 right
 lung.
 
 This
 injury
 is
 on
 the
 external
 
stayed there for 2 months region
 so
 from
 the
 center
 to
 the
 outside
 it
 hits
 the
 upper
 lobe
 of
 the
 right
 lung
 and
 
this
 is
 a
 fatal
 wound
 and
 also
 indicated
 as
 Injury
 No.
 11
 in
 the
 anatomical
 sketch.
 
• For Filomeno: he was at a birthday party of his No.
 12,
 Stab
 wound,
 right
 mammary
 region,
 measuring
 3
 by
 2.5,
 4
 cm
 from
 
nephew at Golden Gate and stayed there because of the
  anterior
  midline,
  directed
  posteriorwards,
  downwards
  and
  to
  the
  right,
 
fracturing
 the
 3rd
 right
 thoracic
 rib,
 piercing
 the
 pericardium
 and
 the
 right
 ventricle
 
threats from the family of Edgardo. Thereafter, when of
  the
  heart.
 
 This
  injury
  is
  located
  on
  the
  right
  chest
  directed
  posteriorwards,
 
he visited Toribio, he was detained and transferred to downwards
 and
 fractured
 the
 third
 right
 thoracic
 rib
 and
 hit
 the
 pericardium
 and
 
the
  right
  ventricle
  of
  the
  heart
  on
  the
  middle
  and
  this
  wound
  was
  very
  fatal
  and
 
Las Pinas City Jail without questioning. caused
  by
  a
  sharp
  bladed
  instrument
  and
  this
  injury
  is
  likewise
  indicated
  in
  the
 
Anatomical
 Sketch
 

 
No. 3 was inflicted from up to down. Multiple stab
wounds, head, neck and chest caused of death of the
victim.
The foregoing 12 injuries of the victim belie the self
defense of accused Toribio Mayingque. The multiple
injuries of the victim support the claim of conspiracy by
the prosecution. Dr. Salen told the Court that the
different sizes of the wounds show that indeed more than
one assailant inflicted the wounds and more than one
instrument used (TSN, pp. 32-33, Feb. 14,
2001). Moreover, all three have been positively identified
in court as the perpetrators. Thus, the Court can not
accept the denial and alibi by the other two co-accused,
namely: Gregorio Mayingque and Filomeno Mayingque.
It is clear from the testimonies of prosecution
witnesses that the accused treacherously
attacked the victim. They suddenly assaulted the
victim. As held: “it is necessary to show that the
aggressors cooperated in such a way as to secure
advantage from their superiority in strength.
CA: affirmed the RTC
• The nature, number and location of the wounds
sustained by the victim belie the assertion of self-
defense since the gravity of the said wounds is
indicative of a determined effort to kill and not just
defend. The number of wounds was established by
the physical evidence, which is a mute manifestation
of truth and ranks high in the hierarchy of trustworthy
evidence.
ISSUES: W/N the self-defense theory of Toribio should
flourish. NO
Dispositive: WHEREFORE, appellants TORIBIO
MAYINGQUE and FILOMENO MAYINGQUE are
found GUILTY beyond reasonable doubt of the crime
of MURDER, and each is sentenced to
suffer reclusion perpetua. The appellants are ordered to
pay to the heirs of Edgardo Tusi P50,000.00 as civil
indemnity, P50,000.00 as moral damages, P30,000.00 as
actual damages, and P20,000.00 as burial expenses.
HELD:
1. Elements of self-defense i.e. (a) unlawful aggression; (b)
reasonable necessity of the means employed to prevent or
repel it; and (c) lack of sufficient provocation on the part of
the person defending himself ARE NOT present.
Teofilio’s self-defense evidence did not prevail over the
clear showing by Salvacion and the Bernals that Teofilo
and his co-conspirators had ganged up on Edgardo with a
knife (Teofilo) and bolo (Gregorio) while the other two had
held Edgardo to render him defenseless. Indeed, we
agree with the conclusion of both lower courts that the
plea of self-defense was belied by the number
(12) and the different sizes of the wounds
inflicted on Edgardo. The presence of a large
number of wounds on the victim’s body negated
self-defense, and indicated, instead, a
determined effort to kill the victim.
Toribio did not convincingly establish, first of all, that
there was unlawful aggression against him. His claim that
Edgardo and the Bernals had attacked him with a lead
pipe and wooden club, which impelled him to stab
Edgardo, became implausible to the lower courts, and to
us, too, because Toribio did not even submit himself to
any medical attention. He should have done so, if, truly, he
had sustained injuries at the hands of the victim and his
group. At any rate, the question as to who between the
accused and the victim was the unlawful aggressor was a
question of fact best addressed to and left with the trial
courts.
2. As regards the alibi, they do not satisfy all the
requirements. To establish alibi, the accused must prove:
(a) that he was actually in another place at the time of the
perpetration of the crime; and (b) that it was physically
impossible for him to be at the scene of the crime when
the crime was perpetrated. Physical impossibility refers to
the distance between the place where the accused was
Fairly developed, fairly nourished male cadaver in
rigor mortis with post-mortem lividity over the
dependent portions of the body. Conjunctivae and
lips were pale. Nail beds were cyanotic. There was a
surgical incision at the anterior distal 3rd left forearm.
EXTERNAL INJURIES: TRUNK AND EXTREMITIES:
(1) Penetrating stab wound, anterior left thorax,
120 cms. from heel, 7 cms. from anterior midline,
measuring 10 cms. x 4 cms. x 7 cms. depth, directed
upwards, backwards, towards midline, fracturing the
4th left thoracic cartilage, piercing the pericardium and
right ventricle of the heart.
(2) Incised wound, anterior left lower thorax,
measuring 5.5 cms. x 0.2 cm. x 2 cms. from anterior
midline.
(3) Incised wound, posterior left scapular region,
measuring 3 cms. x 0.5 cm. (sic) 8 cms. from posterior
midline.
(4) Incised wound, posterior right scapular region,
measuring 6.5 cms. x 0.2 cm. (sic) 5 cms. from
posterior midline.
(5) Multiple abrasions, right elbow, measuring 5 cms. x
5 cms.
(6) Incised wound, anterior distal 3rd right thigh
extending to right knee, measuring 17 cms. x 0.6 cm.
INTERNAL FINDINGS:
(1) Recovered from the left thorax, 1,500 cc of blood
and blood clots.
(2) Recovered from the stomach 1/4 glass of rice meal.
CONCLUSION:
Cause of death is penetrating stab wound, anterior
left thorax.
 when the crime transpired and the place where the crime
was committed, as well as to the facility of access between
the two places
Filomeno’s alibi would place him in Golden Gate whose
distance was a 30-minute tricycle ride from the crime
scene, which did not render impossible for Filomeno to be
in the place of the crime when it was committed.
5.2. People v. Reforma,G.R. No. 133440, June 7, 2004
PEOPLE V REFORMA
FACTS:
• Zenaida Damian and her brothers, Nazario, Rolando and
Jaime, all surnamed Damian, Roger Ramos and Virgilio
Reforma (the brother-in-law of the Damians) had stalls in
the Balintawak market, Cloverleaf
Market, Balintawak, Quezon City. Their respective stalls
were near each other.
• On February 9, 1993, Roger was sleeping side by side
with Nazario in the latters stall when Roger was awakened
by a commotion at 11pm. Nazario and Virgilio were
quarreling. Roger was aghast when he saw the latter, who
was only about four arms length away from the stall,
stab Nazario on the left side of the chest. Zenaida, who
was barely an arms length away, also saw the appellant as
he stabbed Nazario on the chest.
• Rolando and Jaime rushed to the scene. Rolando wrestled
with Virgilio for the possession of the bolo and managed
to wrest it away from the latter. Virgilio then fled from the
scene.
• The Damians then brought Nazario to the Quezon City
General Hospital where the latter expired.
• Dr. Florante F. Baltazar performed an autopsy on the
cadaver of Nazario and signed a Medico-Legal Report
(quoted in full below) which contained the following
findings:
• Information was filed in the Regional Trial Court of
Quezon City, charging Virgilio with murder, with treachery,
taking advantage of superior strength and evident
premeditation.
• Virgilio denied stabbing Nazario. He testified that he and
his brothers-in-law, Rolando, Nazario and Jaime, all
surnamed Damian, were having a drinking spree. He was
in his stall at that time. After a while, his brothers-in-law
invited him to join them in their drinking spree, but upon
seeing that they were already drunk, Virgilio
refused. Rolando, Nazario and Jaimeand forthwith mauled
him, hitting him with hard objects. He lost consciousness.
After about ten minutes, the appellant came to and found
himself in the stall of Dioscoro Balingit. Momentarily, a
policeman arrived, handcuffed him and brought him to the
La Loma police station. A doctor at the Philippine
Orthopedic Hospital examined his wounds and issued a
Temporary Medical Certificate thereon.
o Rolando, Nazario and Jaime also sold a coconut
land in Quezon City to him for P30,000.00. There
was, however, no document executed between
them to serve as evidence of the sale. The
Damian brothers took back the property and
failed to refund him of his P30,000.00.
• Virgilio filed a criminal complaint against Rolando and
Jaime Damian in the Office of the City Prosecutor of
Quezon City.
o To support the complaint, the accused presented
Dioscoro Balingit, his helper, who testified that
he and Virgilio were arranging the bananas which
the latter sold for a living. A heated altercation
ensued between his employer and Rolando
Damian concerning their stalls. Rolando threw a
bottle at Virgilio, but the latter managed to
evade the bottle. Jaime and Nazario then arrived
and helped Rolando maul the accused. They hit
the latter with a lead pipe and a folding bed.
Rolando then got a knife and stabbed him on the
left thigh. Rolando stabbed him a second time,
but as he was able to evade the
blow, Nazario was hit on the chest
instead. Rolando withdrew the knife, threw it
away and fled. Jaime brought Nazario to the
hospital.
• RTC rendered judgment convicting the accused of
murder. This is an appeal from that decision.
• The appellant asserts that the trial court erred in giving
credence and full probative weight to the testimonies of
Zenaida and Roger and in disbelieving his testimony and
that of Balingit. He avers that the inconsistencies between
his testimony and that of Balingit are trivial and did not
render the same incredible and barren of probative
weight. As shown by his injuries, he was the victim of the
vicious assault by Rolando, Nazario and Jaime.
ISSUE: WON Virgilio is guilty of murder - YES
RATIO:
• The trial court gave credence and full probative weight to
the testimonies of the said witnesses.
o Zenaida testified how the appellant stabbed her
brother with a bolo (gulok) on the left chest. She
was only four arms length away from the place of
the stabbing.
o Roger testified how he was awakened by the
commotion between the appellant and the
victim, both an arm’s length away. He saw the
appellant as he stabbed the victim on the left
chest and left leg with a bolo, and thereafter,
fled from the scene.
o It declared that the testimonies of the
prosecutions witnesses are clear, positive,
straightforward and devoid of signs of
artificiality. No ill motive could be ascribed to
them, even by herein accused Reforma, to falsely
incriminate the accused.
o The well-established rule is that, the trial courts
calibration and assessment of the credibility of
 the witnesses and the probative weight of their
testimonies, as well as its findings, are accorded
high respect, if not conclusive effect, by the
appellate court because of the unique
advantage of the trial court of observing and
monitoring at close range the demeanor and
deportment of the witnesses as they testify.
• The testimonies of the prosecutions witnesses are
corroborated by the post-mortem report of
Dr. Florante Baltazar that the victim was stabbed on the
chest.
o The appellants and Balingits testimony, that the
appellant was mauled and hit with a lead pipe
and that Rolando stabbed Nazario once when he
attempted to stab the appellant, is belied by the
medico-legal report of Dr. Florante Baltazar that
the victim sustained one penetrating stab wound
on the anterior left thorax and four (4) incised
wounds and multiple abrasions.
o Balingit has not adduced in evidence any
medical certificate that he sustained a stab
wound on his left hand. The appellant adduced
in evidence a mere machine copy of the
temporary medical certificate issued to him by
an unidentified doctor who did not testify. The
appellant cannot, thus, rely on the said
certificate to fortify his defense. While he filed a
criminal complaint against Rolando and Jaime in
the Office of the City Prosecutor, it is incredible
that he is not even aware of what happened to
his complaint.
• The flight of the appellant from the situs criminis, and his
throwing away of the bolo in the process, are evidence of
his guilt of the crime charged.
• The Information alleges that the appellant killed the victim
with treachery, taking advantage of superior strength and
evident premeditation. However, the prosecution failed to
prove any of the said circumstances beyond reasonable
doubt.
o Since the prosecutions witnesses did not see
how the attack was carried out and cannot testify
on how it began, the trial court cannot presume
from the circumstances of the case that there
was treachery.
o The three requisites needed to prove evident
premeditation are the following: (a) the time
when the offender determined to commit the
crime; (b) an act manifestly indicating that the
offender had clung to his determination; and (c)
a sufficient interval of time between the
determination and the execution of the crime to
allow him to reflect upon the consequences of
his act. The prosecution failed to prove any
essential element of these circumstances.
o Abuse of superior strength is considered when
there is a showing that the accused purposely
employed superior strength to consummate the
crime; that he used purposely excessive force
out of proportion to the means of defense
available to the person attacked.While the
appellant used a bolo, there is no evidence on
record that he purposely used it precisely to
commit the crime.
In fine, the appellant is guilty only of homicide under Article
249 of the Revised Penal Code. Thus, the appellant may be
sentenced to an indeterminate penalty ranging of from eight
(8) years and one (1) day of prision mayor, in its medium
period, as minimum, to fourteen (14) years, eight (8) months
and one (1) day of reclusion temporal in its medium period, as
maximum. He is also ordered to pay P50,000 as civil indemnity
and P25,000 as temperate damages to the heirs of the victim.
5.3. People v. Noel Lee, G.R. No. 139070. May 29, 2002.
People v. Noel Lee - Puno (2002)
FACTS for the Prosecution:
Prosecution presented the following witnesses: (a) Herminia
Marquez, the mother of the victim; (b) Dr. Darwin Corpuz, a
resident doctor at the Manila Caloocan University (MCU)
Hospital; (c) PO2 Rodelio Ortiz, a police officer who examined
the crime scene; and (d) Dr. Rosaline Cosidon, a medico-legal
officer of the Philippine National Police (PNP) Crime
Laboratory.
1. At 9:00PM of September 29, 1996, Herminia Marquez (46 yrs)
and her son, Joseph (26) were in the living room of their house
at No. 173 General Evangelista St., Bagong Barrio, Caloocan
City. The living room was brightly lit. Outside their house was
an alley leading to General Evangelista Street. The alley was
bright and bustling with people and activity.
2. In their living room, mother and son were watching a
basketball game on television.
3. Herminia looked away from the game and casually glanced
at her son and she saw a hand holding a gun coming out of the
open window behind Joseph.
4. She looked up and saw Noel Lee peering through the
window and holding the gun aimed at Joseph.
5. Joseph turned his body towards the window, and
simultaneously, appellant fired his gun hitting Joseph's head.
Herminia stood up but could not move as accused-appellant
fired a second shot at Joseph and three (3) shots more two hit
the sofa and one hit the cement floor.
6. Herminia ran to the window and saw Lee, in a blue sando,
flee towards the direction of his house. 10. Herminia turned to
her son, dragged his body to the door and shouted for help.
7. Joseph was brought to the MCU Hospital where he later
died.
8. Herminia told the police officers that her son was shot by
Noel Lee and subsequently gave her sworn statement about
the shooting.
9. Dr. Rosaline O. Cosidon, a medico-legal officer of the PNP
Crime Laboratory Service made the following findings:
FINDINGS:
Fairly developed, fairly nourished male cadaver in rigor mortis
with postmortem lividity at the dependent portions of the
body. Conjunctiva are pale, Lips and nailbeds are cyanotic. A
needle puncture mark was noted at the dorsum of the right
hand.
HEAD:
(1) Gunshot wound, frontal region, measuring 0.5 x 0.5 cm, just
right of the anterior midline, 161 cm from heel, with an
upbraded collar, measuring 0.2 cm superiorly and laterally, 0.1
cm medially and inferiorly directed posteriorwards, downwards
and to the left fracturing the frontal bone, lacerating the brain.
A deformed slug was recovered embedded at the left cerebral
hemisphere of the brain.
(2) Gunshot wound, occipital region, measuring 0.5 x 0.5 cm, 2
cm left of the posterior midline, 162 cm from heel, with a
uniform 0.2 cm upbraded collar, directed slightly
anteriorwards, downwards and lateralwards, fracturing the
occipital bone and lacerating the brain. A deformed slug was
recovered at the left auricular region.
(3) Contusion, right eyebrow, measuring 3 x 2 cm, 3 cm from
the anterior midline.
There are subdural and subarachnoidal hemorrhages.
Stomach is full of partially digested food particles and positive
for alcoholic odor.
CONCLUSION:
Cause of death is intracranial hemorrhage as a result of
gunshot wounds. Head.
10. Herminia filed a complaint for murder against Lee. The
complaint was however dismissed for insufficiency of evidence
11. Herminia appealed the order of dismissal to the Secretary
of Justice who reversed and set aside the appealed Resolution
and ordered the City Prosecutor of Caloocan City to file an
information for murder against the Lee
12. The Information was filed and a warrant of arrest issued
against Lee
13. October 16, 1998: Lee was arrested by agents of the
National Bureau of Investigation (NBI).
14. Lee has several criminal cases pending against him in
Caloocan City. He was charged with frustrated homicide in
1984 and attempted murder in 1989.
FACTS for the DEFENSE:
For his defense, accused-appellant presented two witnesses:
(a) Orlando Bermudez, a neighbor; and (b) himself. Lee denies
the killing of Joseph Marquez.
16. Lee claims that from 8:00pm to 10:00pm of September 29,
1996, he was in his house located at 317 M. de Castro St.,
Bagong Barrio, Caloocan City and having some drinks with his
neighbor, Orlando Bermudez, and his driver, Nelson Columba
and singing with the videoke. Also in the house were his wife,
children and household help.
17. At 10:00 P.M., Orlando and Nelson went home and Lee
went to sleep. Lee woke up at 5:30 in the morning of the
following day and learned that Joseph Marquez and he was
tagged as the latter's killer
18. Lee knew the victim since childhood and their houses are
only two blocks apart.
19. Joseph had a bad reputation in their neighborhood as a
thief and drug addict.
20. Six days before his death Lee caught Joseph inside his car
trying to steal his car stereo but he scampered away. As proof
of the victims bad reputation, Lee presented a letter
handwritten by Herminia, addressed to Mayor Reynaldo
Malonzo of Caloocan City where she was surrendering her son
to the Mayor for rehabilitation because he was hooked on
shabu, a prohibited drug, and was a thief.
21. Lee says that the information for attempted murder was
dismissed as a result of the victims desistance while in the
frustrated homicide case, the real assailant appeared and
admitted his crime.
22. RTC: found Lee guilty and sentenced him to the penalty of
death. Hence, this appeal.
ISSUE:
WON Herminia Marquez, the lone prosecution eyewitness, was
a credible witness
RATIO: YES (See case for full transcript of Herminia's
testimony in open court)
- Herminia’s testimony is positive, clear and straightforward.
She did not waver in her narration of the shooting incident,
neither did she waffle in recounting her son’s death. She was
subjected by defense counsel to rigorous cross and re-cross
examinations and yet she stuck to her testimony given in the
direct examination. She readily gave specific details of the
crime scene because the crime happened right in her own
living room. She explained that she was unable to warn Joseph
because she was shocked by the sight of Lee aiming a gun at
her son.
- The inconsistency between her affidavit and her testimony
was satisfactorily explained by Herminia on cross-examination
(see case for full transcript)
- Herminia corrected her affidavit by saying in open court that
she saw the hand and the gun coming out of the open window,
not from a hole in the window. In her direct testimony,
Herminia presented a photograph of her living room just the
way it looked from her side on the night of the shooting.
- Between Herminia’s testimony in open court and her sworn
statement, any inconsistency therein does not necessarily
discredit the witness.
- It is thus clear that when Herminia approached her son, she
saw that the person firing the gun was Lee. Lee continued
firing and then ran away towards the direction of his house.
This account is not inconsistent with the witness testimony in
open court.
- Herminia’s declarations are based on her actual account of
the commission of the crime. She had no ill motive to accuse
Lee of killing her son, or at least, testify falsely against
appellant. Lee himself admitted that he and Herminia have
been neighbors for years and have known each other for a
long time.
- The Solicitor General points out that it was Lee who had
strong motive to harm or kill Joseph. Lee revealed that six days
before the shooting, he caught Joseph inside his car
attempting to steal the stereo. The alibi that Lee was drinking
with his friends that fateful night of September 29, 1996 does
not rule out the possibility that he could have been at the
scene of the crime at the time of its commission. The victim’s
house is merely two blocks away from Lee’s house and could
be reached in several minutes.

RELEVANT:
- The lone eyewitness account of the killing finds support in the
medico-legal report. Dr. Rosalie Cosidon found that the
deceased sustained two gunshot wounds one to the right of
the forehead, and the other, to the left side of the back of the
victims head. Two slugs were recovered from the victims head.
Judging from the location and number of wounds sustained,
Dr. Cosidon theorized that the assailant could have been more
than two feet away from the victim. Both gunshot wounds were
serious and fatal.

- In the instant case, proof of the bad moral character of the

victim is irrelevant to determine the probability or
improbability of his killing. Lee has not alleged that the victim
was the aggressor or that the killing was made in self-defense.
There is no connection between the deceased's drug addiction
and thievery with his violent death in the hands of Lee. In light
of the positive eyewitness testimony, the claim that because of
the victims bad character he could have been killed by any one
of those from whom he had stolen, is pure and simple
speculation.
- As to the aggravating circumstance of evident premeditation,
this cannot be appreciated to increase the penalty in the
absence of direct evidence showing that accused-appellant
deliberately planned and prepared the killing of the victim.
- Neither can the aggravating circumstance of dwelling found
by the trial court be applied in the instant case. The
Information alleges only treachery and evident premeditation,
not dwelling.
- Without the aggravating circumstance of dwelling, the
penalty of death was erroneously imposed by the trial court.
There being no aggravating circumstance, there is no basis for
the award of exemplary damages.

DISPOSITIVE: Noel Lee is found GUILTY of murder for the

death of Joseph Marquez. The death sentence imposed by the
trial court is however reduced to reclusion perpetua, there
having been no aggravating circumstance in the commission of
said crime. Except for the award of exemplary damages, the
award of civil indemnity, other damages and costs are likewise
affirmed.

6. Anatomy

6.1. Major arteries & veins

Arteries distribute oxygenated blood throughout the

body, while veins carry deoxygenated blood to the
heart. Pulmonary arteries and veins function
differently.
Internal iliac artery - Branch of the common iliac artery
flowing to the pelvis, the genital organs and the inner thigh.
Superior vena cava - Vein carrying deoxygenated blood
from the upper body (above the diaphragm) back to the right
atrium.
Great saphenous vein - Superficial vein collecting blood
from the inner leg and thigh and receiving blood from certain
veins of the foot; it is the longest vein in the body.
Abdominal aorta - Fourth segment of the aorta circulating
to all the organs and to the walls of the abdomen; it branches
into the common iliac arteries.
Femoral vein - Vein collecting blood from the deep
structures of the thighs and receives blood from the great
saphenous vein, among others.
Superior mesenteric artery - Branch of the abdominal
aorta that supplies blood to the ascending colon and half of
the transverse colon.
Renal artery - Branch of the abdominal aorta circulating
blood to the kidney.
Renal vein - Large vein collecting blood from the kidney; it
flows into the inferior vena cava.
Pulmonary artery - Artery carrying blood that is poor in
oxygen and rich in carbon dioxide to the lungs; it is the only
artery that transports oxygen-poor blood.
Basilic vein - Large superficial vein of the inner surface of the
arm; it connects to the humeral vein in the armpit to form the
axillary vein.
Cephalic vein - Superficial vein of the outer arm emptying
into the axillary vein; it also receives blood from the superficial
veins of the shoulder.
Axillary vein - Deep vein running through the hollow of the
armpit and ending at the subclavian vein; it receives the flow of
the shoulder and thorax veins, among others.
Subclavian vein - Vein collecting blood from the arm and
part of the neck and face; it passes beneath the clavicle and
receives the flow of the external jugular vein, among others.
External jugular vein - Vein carrying blood from the cranial
walls, deep regions of the face and outer walls of the neck to
the subclavian vein.
Internal jugular vein - Vein collecting blood from the
encephalon and from one portion of the face and neck; it is the
largest vein in the neck.
Arch of foot artery -Continuation of the dorsalis pedis
artery; it divides into the arteries of the metatarsus.
Dorsalis pedis artery- Artery flowing to the ankle and the
back of the foot.
Anterior tibial artery - Artery running along the front of the
leg and supplying blood to the extensor muscles; it extends
through the dorsal artery of the foot.
Femoral artery - Main artery of the lower limb; it is a
continuation of the external iliac artery and runs along the
femur.
Common iliac artery - Branch of the abdominal aorta that
circulates blood to the pelvis and the lower limbs; it divides
into the internal and external iliac arteries.
Superior mesenteric vein - Vein collecting blood from a
section of the intestine (small intestine, right colon); it is one of
the veins that flows into the portal vein.
Inferior vena cava - Vein carrying blood deoxygenated in
the lower portion of the body (below the diaphragm) to the
right atrium; it is the largest vein in the organism.
Pulmonary vein - Vein that returns blood to the heart after
it has been oxygenated in the lungs; unlike other veins, the
pulmonary veins carry oxygen-rich blood
Brachial artery - Artery flowing along the humerus and
supplying the flexor muscles of the arm; it divides into the
radial and ulnar arteries at the bend in the elbow.
Axillary artery - Artery crossing the hollow of the armpit
and extending through the brachial artery; it also circulates
through the thoracic wall and the shoulder.
Subclavian artery - Main artery of the upper limb passing
through the clavicle and extending through the axillary artery;
it also flows to the lower section of the neck.
Common carotid artery - Branch of the aorta flowing to
the head and upper portion of the neck; it is divided into
internal and external carotid arteries.