INTRODUCTION Nature of the Study of Legal Medicine a knowledge of legal medicine means the ability to acquire facts, the power to arrange those facts in their logical order and to draw conclusion from the facts which may be useful in the administration of justice ‘Medical Jurist (Medical Examiner/Medico-legal Officer/ LEGAL MEDICINE -branch of medicine which deals with the application of medical knowledge to the purposes of law and in the administration of justice Forensic medicine application of medical science to elucidate legal problems Medical jurisprudence application of legal knowledge to the practice of medicine Sec.95, Code of Sanitation -health officers, medical officers of law enforcement agencies and members of the medical staff of accredited hospitals are authorized to perform autopsies Sec.2, A.lll, Code of Medical Ethics of the Medical Profession of the Phil. -it is the duty of every physician, when called upon by the judicial authorities, to assist in the administration of justice which are medico-legal in characterDistinction between an Ordinary Physician ‘and Medico-legal Officer Ordinary Physician Medico-legal officer = point of view of Tk -point of view of cause -arrive at definite Ox testify in court/body ‘Ignores minor injuries ~records all injuries ‘Scope of Legal Medicine -broad and encompassing ‘Application of Legal Medicine to Law 4.Cii law-datermination and termination of civil personality -limitation /restrction of a natural person's capacity to act -marriage and legal separation testamentary capacity of @ person making a will ‘Some Basic Principles Governing the ‘Application and Effects of Law: ‘Lignorance ofthe law excuses no one from ‘compliance therewith (R.3 CC] 2.Laws shall have no retroactive effect unless the contrary is provided. (A.4 CC) 3.Rights may be waived, unless the waiver is contrary to law, public order, public policy, ‘morals, oF good customs or prejudicial to 2 3% person with aright recognized by law. (A.6 CC) 4.Customs which are contrary to law, public order or public policy shall nt be countenanced, (A.12 CC) 5.Laws are repeated only by subsequent ones, and thelr violation or non- observance shall not be excused by disuse, or custom or practice to the contrary. 2.Criminal law-circumstances affecting criminal liability -crimes against persons crimes against chastity 3.Remedial/Procedural aw -physical and mental exam of @ person proceedings for hospitalization of insane person -rules on evidence 4 Special laws-Comprehensive Dangerous Drugs Act “Child Abuse -Anti-violence against Women and Children -Anti-Photo and Voyeurism Act When the courts declare a law to be incon: tent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or Constitution. (A.7.Cc) Medical Evidence Evidence-means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Admissibility of evidence- evidence is admissible when it is relevant and is not excluded by law or these rulesRelevancy of evidence; collateral matters -evidence must have such a relation to the fact in issue as to induce belief in its rence or non-existence; evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue ‘Types of Medical Evidence: 1.Autoptic/Real Evidence -addressed to the senses of the court; exhibited, examined or viewed by the court following persons cannot testify as to matters learned in confidence in the following cases: a)xxx b)xxx JA person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which infor- ‘mation was necessary to enable him to actin that capacity, and which would blacken the reputation of the patient. -limitations-indecency and impropriety repulsive and offensive 2.Testimonial Evidence -physician may be summoned to appear in court to give his testimony as an ordinary or expert witness ordinary witness-can perceive and can make known their perception to others -expert withess-requires special knowledge, skill, experience or training which he Is shown to possess Disqualification by reason of privileged communication-the ‘Testimony generally confined to personal knowledge; hearsay excluded- a witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. -exceptions-dying declaration-the declaration of a dying person ‘made under the consciousness of an impending death, ‘may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death entries in official records-by 2 person in the performance of a duty enjoined by law, is a prima facie evidence ofthe facts