Legal Medicine: MODULE II.

IDENTIFICATION

MODULE I.
Forensic Concerns
An Introduction  Identification
Legal Medicine  Determination on the individuality of a person or thing
 Deals with the application of medical knowledge to the purposes of law and  Pertains to:
in the administration of justice  Victims
Used Synonymously with:  Perpetrators
 Forensic Medicine – application of medical science to elucidate legal  Crime Scene
problems  Murder Weapon
 Medical Jurisprudence – knowledge of law in relation to the practice of  Causation
medicine.  Determination of the cause of the condition/crime

History Importance of Proper Identification

 Has been around since ancient times  In criminal cases, proof beyond reasonable doubt requires positive
 Ancient Egypt was able to differentiate Stab Wounds as early as 17th identification of both assailant and victim
century BC and thorough knowledge of poisons  In cases of death, positive identification is needed to facilitate settlement
 Antiustus performed the autopsy of Julius Caesar in 4 BC of estates, insurance claims and the like
 1236 A.D in China, a volume entitled His Yuan Lu outlined procedures  To give closure to the next of kin
in investigating suspicious deaths  In some commercial transactions such as credit card and check
 In 1602, Questiones Medicina-Legales was published by Paola Zacchia, transactions, identification is necessary to facilitate the transaction
a papal physician and considered the Father of Legal Medicine
 Richard I established the office of the coroner Rules of Identification of Persons
 Law of Multiplicity of Evidence in Identification states:
“The greater the number of points of similarities and dissimilarities
Medical Jurist are also known as: of the two persons compared; the greater the probability of the conclusion to be
 Medical Examiner correct”
 Medicolegal  Finds application in fingerprint analysis, DNA analysis and other techniques
 Medicolegal Expert
Locard’s Principle
DIFFERENCES  is the cornerstone of forensic science.
ORDINARY PHYSICIAN MEDICOLEGAL PRACTITIONER  It states that whenever “there is an interaction between the criminal
Point of view of treatment Point of view of cause suspect and the victim in the crime scene, trace evidence will be taken
 For the proper treatment of the  To determine what happened away or be left behind in the crime scene.”
patient to cause the injury
 Trace evidence necessarily includes DNA evidence and serologic evidence
Purpose: Purpose:
Arrives at a definite diagnosis to institute To testify before an investigative body Methods of Identification
treatment to give justice to whom it is due  By comparison – comparing evidence with a known sample
 By exclusion – given a set of data such as a population list, if almost all is
Minor injuries are usually ignored Records all injuries accounted for then the ones who are missing must be the unidentified
 Especially those not requiring  For evidentiary purposes person.
treatment such as scratches and - Prone to error because there is always a level of
small bruises
uncertainty
 Identification of Persons Portrait Parle’
 May be done by a layman  A verbal, accurate and picturesque description of the person identified.
 May be done by a forensic scientist  This is the end point of a witness description
 French term referring to a picture of a suspect in both front and profile
Methods in Identification of Laymen views.
 Usually involves the process of description.  Modernization has led this to be known as the "mug shot" of a suspect.
 Description of the characteristics of the unknown  Now involves photographs of the suspect
 Applicable to the living
 Characteristics which may easily be changed Techniques in Identification which require specialized training
 Hair growth, facial hair  Anthropometry
 Clothing  Forensic Footwear Analysis
 Frequent places visited  Fingerprint analysis
 Profession  Odontology
 Body ornamentation  Serology
 DNA Analysis
 Characteristics which may not easily be changed
 Mental Memory Anthropometry (Bertillon System)
 Speech  Developed the system while holding a position in the police prefecture of
 Gait Paris
 Mannerism  Developed to address the problem that criminals at the time was adept in
 Hands and feet the use of disguises and alibis
 Complexion
 Changes in Eye Characterisitcs Basis of the Bertillon System
 Facies  The human skeleton is unchanged after the 20th year
 Handedness  It is theoretically impossible to find 2 human beings having bones exactly
 Degree of nutrition alike
 Applicable to both the living and the dead  Measurement can be made with a devise as simple as a tape measure.
 Occupational Marks
 Race Information Included in the System
 Stature  Descriptive Data
 Tattoo Marks  Body Marks
 Weight  11 Anthropologic measurements
 Deformity  Body measurements
 Birthmarks  Measurement of the head
 Injuries  Measurement of the limbs
 Scars
 Tribal Marks Bertillon System
 Sexual Organ  Ultimately undone by unequivocal proof that different individuals can have
the same measurement in the parameter of the Bertillon system
Limitations of Physical Descriptions  Abandoned in 1901
 Light as a limiting factor  Case of 2 John Smiths with no relation to each other having identical
 Clearest moonlight – known person 16-17 yards Bertillon data
 Clearest Starlight – 10-13 yards
 Broad Daylight – 100 yards if person is known Forensic Anthropology
25 yards if person is a stranger  Is the evolution of the old school Bertillon System
 Flash from a firearm – letters of 2 inches can be seen a distance  uses a cross-disciplinary approach to identify an individual’s identity, time
of 2 feet. since death, cause of death, and the manner of death.
 Determines
  Whether the remains are of human origin Importance of Age and Sex Determination
 Whether the remains are of a single person  Certain crimes are determined by age and sex
 Height  Infanticide
 Sex  Seduction
 Race  The exercise of legal capacity
 Age  The exercise of the right to marry
 Time of death
Forensic footwear analysis
Height Determination  Came about by the study of the human gait
 Actual measurement of the skeleton  Forms of Footwear Impression
 1 to 1-1/2in is added to the total length  3D Impression
 Pearson’s Formula  2D Impression
 Stature is obtained by multiplying a factor to a longbone  Traditionally uses plaster of Paris as a means of making the impression but
 Stature Tables – tables of average lengths of each long bone in relation to currently dental stone is the reagent of choice in making impressions
height  Reason for the change is the tendency of Plaster of Paris to become brittle
with age leading to loss of evidence
Sex Determination  Gives the following information:
 Comparison of the following bones which differ from male and female:  Identification of footwear
 Pelvis  Elimination of footwear
 Skull  Determination of the number of suspects
 Sternum  Rebuttal / Confirmation of Suspects Alibi
 Length of manubrium X 100
 Male 46.2 Fingerprint Analysis
 Female 54.3  Has been used since 2000 years ago in China as a means to identify that a
 Femur particular piece of porcelain was created by a specific person
 Measures the following:  Started to be used in Europe around the 17th and 18th century
 Bicondylar width  Sir William Hershel – 1st European to recognize the value of fingerprinting
 Vertical diameter of head in identification
 External condyle oblique length  Had fingerprints and handprints in contracts while stationed in India to
 Vertical diameter of the neck ensure compliance by the proper parties.
 Humerus
 Measures the following: Fingerprint Analysis
 Vertical diameter of head  Sir Francis Galton – published the book Fingerprints in 1892
 Transverse diameter of head  Encouraged the precursor of Scotland Yard (Police Department) to add
fingerprints to Bertillon Cards
 Race Determination  John Vucetich – introduced the use of fingerprints to the Western
 Difficult to do due to the amalgamation of races Hemisphere
 Utilizes indices for  Was first used to solve a crime in 1892 in Argentina.
 Skull  Brought to the US in 1903 to prevent impersonations during examinations
 Pelvis  In 1910 was used to identify Thomas Jennings in the case of murder in US
 Extremities v. Jennings
 Very unreliable and serves only as a general guide.  Introduced by the Americans into the Philippines in 1910
 People v. Medina (GR no. L-38434 Dec. 23, 1933)
 Age Determination  “It is now well settled that evidence as to the correspondence of
 Size of the bones fingerprints is admissible for the purpose of proving identity.”
 Appearance of the Ossification Centers
 Union of Bones and Epiphyses Other terminology
 Dactylography – Study of recording fingerprint as means of identification
  Dactyloscopy – Study of identification of persons by comparison of
fingerprints
 Poroscopy – Study of the pores/friction ridges for purposes of examination
Fingerprints
 Unique to each individual
 Odds of having similar fingerprints are 1:64 billion
 It develops as early as the 4th month in utero
 Does not change throughout life
Fingerprints
 Are friction ridges in the skin characterized by hills and valleys
 Hills – are known as ridges
 Valleys –are known as furrows
Minutiae
 Are features within fingerprint patterns
 Known as Galton’s features (named for Sir Francis Galton)
Advantages of Using Fingerprints
 Training is simple and widely available
 No expensive instrument is required in the operation
 Easy classification
 Actual prints available for easy comparison
Methods of Producing Fingerprint Impression
 Plain Method
 Rolled Method
Kinds of Impression
 Real Impression – fingerprints intended to be made
 Chance Impression (evidentiary fingerprints)
 Visible /Patent print – visible to the naked eye
 Plastic Print – 3 dimensional print made on a soft surface
 Latent Print – print which is not visible to the naked eye
Development
 Process of rendering a latent print visible
 aka enhancement or visualization
Development of latent prints
 depends upon on the composition of latent print residue
 Primary – eccrine /sweat glands which is composed of water, salts
such as sodium chloride, some amino acids and simple sugars
 Secondary – apocrine residue which is composed of oily residue
primarily from transfer of such residue when the hand brushes
along the face and the body.
Current Fingerprint Analysis Tools
 Physical Methods
 Do not involve any chemical reaction
 Takes advantage of the powders affinity to water which is the
primary component of sweat.
 Powder dusting
 Magnabrush – different only from powder dusting in that
the particles are magnetic thus over dusting is avoided
by moving a magnet over the affected area
 Small Particle Reagent – used for wet surfaces
 Chemical Methods
 Ag NO3 – reacts with the chloride ion of sweat
 Ninhydrin – reacts with the protein or amino acids in sweat
 PD / Physical Developer – reacts with chloride ion of swear
 Iodine Fuming – reacts with the carbohydrates in sweat
 Cyanoacrylate Ester – also known as super glue or mighty bond in
the Philippines
 Special Illumination
 Utilizes lasers and specialized optics
 Use of oblique lighting and lasers
 Use of special filters
 This is of particular importance is the target fingerprint is situated
along historical monuments or surfaces that cannot be taken back
to the lab for analysis
Points of comparison
 Minimum of 8 points of comparison are needed for a positive match.
Odontology
 Use of dentition in the identification of individuals
 Allowed for the comparison of dentition with pattern injuries known as bite
mark analysis
 Was 1st used as a means of identification in 1st century A.D.
 Gained widespread acceptance as a means of identification in the 19th
century
 In 1849, dental identification was used in the U.S. For identification
purposes
 In 1849, dentition was 1st used in a mass casualty incident (Vienna Opera
House Fire)
Importance
 The number of possible combinations possible with 32 teeth and 5 surfaces
make dental records virtually unique
 Enamel is the hardest substance of the human body and may outlast all
other tissues.
  Similar to Benzidine test but
Dental Records modified to prevent
 PD 1575 requires dentist to keep dental records of their patients carcinogenicity
 If 10 years has passed since the last entry, the dentist is mandated to  Leucomalachite Green (specific)
submit their records to the NBI  1:300,000 sensitivity
 Chemiluminescence
Causes of unreliability:  Process by which light is emitted as a product of
 Dentist may keep incomplete records chemical reaction
 No uniformity of nomenclature  Example is Luminol
 No agency is tasked for enforcement  Has sensitivity of 1: 5,000,000
 Lapse of time due to poor dental follow up would make records unreliable.  Limitation is it has a cross reaction with bleach
 Fluorescence
Forensic Serology  When a chemical substance is exposed to a
 Involves the examination and analysis of body fluids certain wavelength of light and light is emitted
as a by-product.
Body fluids analysed  Excitation wavelength is 520 nm
 Blood  Emission wavelength is 480 nm
 Saliva  Example is Fluorescein
 Vomitus
 Feces  Advantages of Chemiluminescence/Fluorescence
 Urine  When blood has been cleaned or not clearly
 Semen visible, both techniques can still show the blood
 Vaginal Secretions pattern.
 When the purpose is to show the extent of blood
Identification of Blood Stains for purposes of documentation
 Careful Visual Examination
 Determine the material and make of the stained material  Application of a confirmatory test
 Note the color of the stain and the surface  Crystal Test
 Note the directionality of the stain  Teichmann Test
 Directionality  Takayama Test
 Tells the direction of the blow as well as the velocity of the  Microscopic Analysis
wounding instrument  Rhombic or diamond shaped crystals are seen on
microscopy after application of the crystal test
 Application of a presumptive screening test
 Presumptive tests for blood  Determine the biologic or species origin
 Catalytic color test  Species Origin Determination
 Depends of the peroxidase-like activity of the  Serum Protein Analysis
heme group of haemoglobin  The following may be used for testing:
 Includes the following:  Albumin
 Benzidine Test (Adler Test)  Alpha -1 globulins
 No longer in use because it is  Alpha -2 globulins
carcinogenic or cancer causing  Beta globulins
to the examiner  Gamma globulins
 Phenophthalein Test ( Kastle Mayer)  Most useful
(specific)  Also known as antibodies
 1:100,000 sensitivity  The following techniques may be utilized
 O-Tolidine  Ring Precipitin Tests
 Tetramethylbenzidine (most sensitive)  Ouchterlony Double Diffusion Tests
  Crossed over electrophoresis
 Nonserum Protein analysis
 Antihuman hemoglobin antibody
 In this test antibodies that target
human blood are mixed with human
blood. A positive result would cause the
red blood cells to burst.
 Characterization of blood using genetic markers
 Genetic Markers in Blood
 Antigen Based Markers
 ABO system
 Most important
 Discovered by Land-steiner in 1900
 Most useful as a tool for exclusion
 Seen in other body fluids if the subject
is a secretor
 Lewis system
 2 antigens – Lewis a/Lewis b
 Provides insight to secretor status or
whether other bodily fluids have ABO
antigens present or not
 Le(a-b+) – ABH secretors – 72% of
population
 Le(a+b-) – ABH non secretor – 22%
 Le(a-b-) – 6 % of popu.
 80% secretor
 20% nonsecretor
 Le(a+b+) – very rare.
 Rhesus system
 Wiener (Rh)
 This is the positive or negative
in your blood type. This is not
very useful as it does not
follow Mendellian Genetic rules
like ABO.
 Fisher – Race (C, c, D, E, e)
 Protein Markers
 Hemoglobin
 HbA (Adult haemoglobin)
 HbF (Fetal haemoglobin)
 Useful in the determination if
the victim is very young such
as cases of infanticide.
 HbS (haemoglobin found in persons
with sickle cell anemia)
 Usually seen in African
Americans
 Haptoglobin
 Alpha 2 globulin class
 Not so useful anymore due to the
advent of DNA technology
 Enzyme Markers
 Uses flow cytometry
 Rarely utilized nowadays due to the easy access
of DNA analysis
Semen
 Semifluid mixture of sperm cells, amino acids, sugar, salts, and
organic compounds
 Ejaculate ranges from 2-6 ml with an average of 3.5
ml/ejaculation
 100-150 million sperm cells / ml.
 According to Solis: 60 million/ml
Sperm Cell
 Approximately 55 um
 Ovoid in shape
Till When Can it be Detected?
 Intact Sperm
 up to 26 hours after intercourse in the vagina
 Up to 5 hours in oral or rectal vaults
 Sperm Heads
 Up to 7 days in vaginal cavity
 2-3 days in the anus and rectum
 24 hours in the oral cavity
Acid Phosphatase
 Used for the presumptive identification of semen
 Uniquely high levels in seminal fluid
 Detected in the vagina up to 72 hours post coitus
 Reagent used: Brentamine Fast Blue test
Other Presumptive Tests for Semen
 Florence Test – Depends on action of iodine on choline
 Berberio’s Test – formation of yellow crystals using picric acid
 Puramen Reaction – Yellow Crystals form in the presence of Puramen’s
reagent
Confirmatory Tests
 Prostate Specific Antigen (PSA) Vomitus
 Gamma-seminoprotein  No specific test for presence of vomitus
 Secreted by the cells lining the prostate glands  Analysis of stomach contents
 Visualization of Spermatozoa
 Sperm Cell Identification Vaginal Secretions
 Dye (Christmas tree stain) is applied to the slide  Important in cases of rape where allegations of foreign body insertion
 Sperm cell tail – yellow green are made
 Midpiece – blue  Tests for glycogenated epithelial cells or the cells lining the vaginal
 Acrosome – pink canal
 Head – dark red / purple  Uses PAS (Periodic Acid Schiff) reagent
 Other Dye  Limitation:
 H & E Stain  Glycogen depends on the stage of the menstrual cycle
 Dr. Hankin’s Method (Carbol fuchsin)
 Ganguli’s Method (Erythrocin and Malachite
green) DNA
 The genetic material of the body which serves as its blueprint
Test for whether the sample is of human origin or not  DNA stands for deoxyribonucleic acid
 Biological Test of Farnum or Precipitin Test  The chain of molecules found in every nucleated cell of the body.
 The totality of an individual's DNA is unique for the individual,
Importance of Semen Analysis except identical twins.
 Useful in crimes involving sexual assault like  Definition of Terms (From rules on DNA Evidence)
 Rape  Biological sample - any organic material originating from a
 Anti VAWC person's body, even if found in inanimate objects, that is
 Anti Trafficking Cases susceptible to DNA testing.
 Stalking  Includes :
 Blood
 Saliva and other body fluids
Saliva  Tissues
 Slightly alkaline secretion  Hairs and bones
 1 to 1.5 liters of saliva is produced per day  DNA profile - genetic information derived from DNA testing of a
 Amylase (an enzyme used to digest starch) is used to test for it biological sample obtained from a person, which biological sample
 Starch-Iodine Test is clearly identifiable as originating from that person
 Phadibas reagent  DNA evidence - the totality of the DNA profiles, results and other
 Limitation: genetic information directly generated from DNA testing of
 Amylase is not only present in saliva biological samples
 It is also found in secretions of the pancreas  DNA as EVIDENCE
 Allowed expressly by the Rule on DNA Evidence
Urine  DNA testing-verified and credible scientific methods
 Presumptive test uses alternative light sources  Include
 The test relies on urea and creatinine  Extraction of DNA from biological samples,
 The generation of DNA profiles
Feces  Comparison of the information obtained from
 Characteristic smell is caused by Skatole the DNA testing of biological samples for the
 Urobilinogen – most common means utilized for identification purpose of determining, with reasonable
 Limitation: certainty, whether or not the DNA obtained from
 Infant < 6 months two or more distinct biological samples
 Carnivorous/omnivorous people only originates from the same person (direct
 identification) or if the biological samples  Paternity Testing
originate from related persons (kinship analysis)
DNA Testing Paternity Testing
 Depends on repetitive sequences which are repeated over the  DNA results that exclude the putative parent from paternity shall be
chromosome and are inherited and conserved from familial lines conclusive proof of non-paternity.
 Occurs either in tandem or dispersed  If the value of the Probability of Paternity is less than 99.9%, the results of
 Comprise 50% of the human genome the DNA testing shall be considered as corroborative evidence.
 Example of sequences  If the value of the Probability of Paternity is 99.9% or higher, there shall be
 Pseudogenes a disputable presumption of paternity
 Alu repeats
 Duplications of large stretches of DNA Rules in DNA Evidence
 Interspersed repeats occurring in the centromere Application for DNA Testing Order
 Simple sequence repeats  Motu proprio
 On application of any person who has a legal interest in the
Simple Sequence Repeats matter in litigation
 Currently the gold standard in DNA fingerprinting  Requisites
 Utilizes the high variability of the repeating units as basis for  A biological sample exists that is relevant to the case
comparison  The biological sample:
 People have differing numbers of allelic repeat units inherited from (i) was not previously subjected to the type of
their parents. DNA testing now requested
 Could either be:
 Microsatellites (ii) was previously subjected to DNA testing, but
 Short tandem repeats (STR) the results may require confirmation for good reasons
 2-7 bp in each tandem repeat unit
 Minisatellites  The DNA testing uses a scientifically valid technique
 Variable number of tandem repeats (VNTR)  The DNA testing has the scientific potential to produce
 9-80 bp in each tandem repeat unit new information that is relevant to the proper resolution
of the case
DNA STR Analysis  The existence of other factors, if any, which the court
 Uses multiple loci or areas in the DNA strand may consider as potentially affecting the accuracy or
 Limited number of these variations/loci integrity of the DNA testing.
 13 core microsatellite loci – basis for DNA fingerprinting (US)
 10 core microsatellite loci – basis for DNA fingerprinting (UK) Probative Value of DNA Evidence in Paternity Testing
 DNA results that exclude the putative parent from paternity shall be
Steps of DNA Analysis conclusive proof of non-paternity.
 Uses Polymerase Chain Reaction (PCR) to mass duplicate a sample  If the value of the Probability of Paternity is less than 99.9%, the results of
DNA the DNA testing shall be considered as corroborative evidence.
 Results to formation of amplicons which are copies of the original  If the value of the Probability of Paternity is 99.9% or higher, there shall be
sample a disputable presumption of paternity
 Electrophoresis
 Technique of separating the sample depending on sample size. Confidentiality of Results
 Capillary Electrophoresis – modern equivalent which uses smaller  DNA profiles and all results or other information obtained from DNA testing
sample sizes shall be confidential
 Short Tandem Repeat Analysis  only be released to any of the following, under such terms and conditions
as may be set forth by the court:
Medicolegal Applications  Person from whom the sample was taken;
 Identification
 Exclusion of Suspects
  Lawyers representing parties in the case or action where the DNA
evidence is offered and presented or sought to be offered and
presented
 Lawyers of private complainants in a criminal action
 Duly authorized law enforcement agencies
 Other persons as determined by the court
MODULE III.
Physical Injury
 Effect of some form of stimulus on the body
 Becomes apparent only if stimulus applied is SUFFICIENT!
 May be acute or delayed depending on the type of applied stimulus
 Loss of use of any such member
 Becomes incapacitated for the work in which he was
habitually engaged
 Prision correcional (minimum to medium)
 Person shall become deformed
 Loss of any other member of his body
 Loss the use thereof
 Becomes ill or incapacitated for the performance of work
habitually engaged in for more than 90 days
 Arresto Mayor (maximum) to Prision correcional (minimum)
 Becomes ill or incapacitated for the performance of work
habitually engaged in for more than 30 days

Causes of Physical Injuries  Administering Injurious Substance or Beverages (Art 264 RPC)
 Barometric trauma or Dysbarism  Infliction upon another of any serious physical injury
 Radiation from Radioactive substances  It was done knowing that the substance is injurious or
 Heat or Cold (Thermal Injury) took advantage of the victims weakness or credulity
 Electrical Energy  No intent to kill
 Chemical Energy
 Infection  Less Serious Physical Injuries (Art 265 RPC)
 Physical Violence  Incapacitate the offended party from labor for more than
10 days
Physical Violence  Requires medical attendance for more than 10 days
 Wound is a natural disruption of the anatomic integrity of a tissue of the  Qualified by:
living body.  Manifest intent to insult or offend the injured
 Is used synonymously with physical injury however, physical injury does person
not always result in a wound.  Circumstance adding Ignominy
 Victim is the offender’s parents, ascendants,
Legal Classification guardian, curators or teachers
 Mutilation (Art 262 RPC)  Victim is a person of rank or authority
 Intentionally depriving a person, totally or partially of some of the
essential organs of reproduction  Slight Physical Injuries (Art 266 RPC)
 Intentionally depriving a person, totally or partially of any part  Incapacitate the offended party from labor for 1 to 9 days
other than that of the essential organs of reproduction (arresto menor)
 Serious Physical Injuries (Art 263 RPC)  Causes injury which do not prevent the offended party
 Done by: from working nor require medical attendance (arresto
 Wounding menor, censure)
 Beating  Illtreatment by deed
 Assaulting
 Administering Injurious Substances without the intent to  Physical Injuries Inflicted in a Tumultuous Affray (Art 252 RPC)
kill  There is a tumultuous affray
 Serious Physical Injuries (Art 263 RPC)  Participants suffered from serious physical injuries
 Graduated penalty  Persons who inflicted could not be identified
 Prision mayor  All those who appear to have used violence upon the
 Person shall become insane, imbecile, impotent or blind offended party shall be penalized by arresto from 5 to 15
 Prision correcional (medium to maximum) days
 Loss of the use of speech, power to hear/smell, loss of an
eye, hand, foot, arm and leg
Medicolegal Certificate  Secondary Impact
 Needed by the Prosecutor to determine which crime to charge the  Run Over Injuries
perpetrator  Usually results to patterned injuries
 Contains: such as tire tread contusion as well as
o NOI (Nature of Incident) patterned abrasions
o TOI (Time of Incident)  Motorcycle Injuries
o DOI (Date of Incident)  Is a the leading cause of vehicular accidents
o POI (Place of Incident)  Reason for increase:
o List of Injuries  Increasing number of motorcycles
o Conclusion  Relatively small profile of motorcycles
 Continued failure to use mandated
 Causes of Injury (or Nature of Incidents) safety equipment
 Mauling  Very little material in a motorcycle to
 Results from a violent altercation between 2 persons or cushion the impact.
groups of persons  Sports Injuries
 Injury may be sustained by:  Boxing
 The feuding parties  Wrestling
 Bystanders  Newer sports with attendant risks:
 Domestic Injury and Industrial Accident  Mixed Martial Arts
 Usually results from the myriad of combinations of  Extreme Games
accidents at home or at work.  Sky Diving
 A physician must note whether there is presence of  Injuries common in combat sports
alcohol on the patient.  Lacerations to the eyebrow and malar region
(cheek)
 Vehicular Accident  Hemorrhage secondary to the blood vessel
 Factors responsible in VAs rupture or fracture of the orbital plate of the
 Human Factor frontal bone known as Spectacle Hematoma
 Human Factor  Hematoma of pinna with auricular cartilage
 Mental Attitude necrosis known as Cauliflower ears
 Perception Defects  Cerebral concussion
 Delayed or Sluggish Reaction Times  Subdural hemorrhage (most common)
 Disease  Pontine hemorrhage (known as boxer’s
 Chemical Factors hemorrhage)
 Environmental Factor  Stabbing Injuries
 Mechanical Factor  Anything with an edge could be used for injuries of this
 Social Factor type
 Pedestrian  Knives
 Bolo / Machete
 Factors Responsible for Passenger and Driver Injury  Broken bottles
 Impact within structures  Scalpels
 Ejection  Sharpened instruments such as shanks
 Direct impact with other vehicle occupants.  Gunshot Injuries
 Acceleration-Deceleration Injury (Whiplash)
 Pedestrian-Vehicle Collision
 Primary Impact Classification of Wounds
 Causes injuries such as bumper  Severity
fractures as well as patterned wounds  Mortal
of the front grills  Non- mortal
  Musculoskeletal Injuries
 Kind of Instrument Used  Internal Hemorrhage
 Blunt  Cerebral Concussion
 Sharp  Open Wounds
 Sharp edged Instrument  Abrasion
 Sharp pointed Instrument  Incised Wound
 Sharp edged and sharp pointed  Stab Wound
 Tearing force  Punctured Wound
 Lacerated Wound
 Manner of Infliction
 Hit  Petechiae
 Thrust/Stab  Circumscribed extravasation of blood into the subcutaneous
 Gunpowder explosion tissues or beneath the mucous membrane
 Sliding or rubbing  Usually from the capillary systems
 Causes:
 Depth of the Wound  Asphyxia
 Superficial  Trauma
 Deep  Coronary occlusion
 Penetrating (solid organ)  Clotting disorders
 Perforating (communication between inner and outer portion of
the hollow organs.  Contusion
 Effusion of blood into the surrounding tissues
 Relation of the Site of Application of Force and the Location of the Injury  Results from blunt force trauma
 Coup Injury  Does not immediately develop after the trauma
 Injury same site as the application of force  Medicolegal significance:
 Contre-Coup Injury  May correspond to the shape of the object causing it.
 Injury opposite site of the application of force  Extent may suggest the degree of force applied
 Coup-Contre Coup Injury  Distribution may indicate character and manner of injury
 Both the site as well as the site opposite has injury  Age can be estimated by the color
 Locus Minoris Resistencia  Red to purple-recent
 The site of the injury is at the point of least resistance  Green – 4 to 5 days
 Extensive  Yellow – 7 to 10 days
 Gradual resumption of skin tone – 14 to 15 days
 Special Types of wounds  Hematoma
 Defensive wounds  Extravasation or effusion of blood in a newly formed cavity
 Patterned wounds underneath the skin.
 Self Inflicted wounds  Usually formed if force is applied where the bone is superficially
located
 Also known as “bukol”
 Type of Wounds
 Closed Wounds  Deep Closed Wounds
 No breach in the continuity of the skin  Musculoskeletal Injuries
 May be:  Sprain
 Superficial  Partial or complete disruption in the continuity of
 Petechiae a muscular or ligamentous support of a joint.
 Contusion  Caused by a blow, kick or torsion force
 Hematoma  Dislocation
 Deep
  Displacement of the articular surface of bones  Revolvers
entering into a joint  Pistols
 Fracture
 Fragmentation of bone resulting loss of Classification of Firearms
continuity  As to wounding power
 Strain  Low velocity Firearm (<1,400 fps)
 Subluxation  High power Firearm (>1,400 fps but usually 2,200-2,500 fps)
 Internal Hemorrhage  As to the Nature of the Bore
 Rupture of blood vessel which may result in hemorrhage  Smooth bore
 Cerebral Concussion  Rifled bore
 Concussion is a trauma-induced change in mental status,  As to manner of firing
with confusion and amnesia, and with or without a brief  Pistol - Single handed weapon
loss of consciousness.  Rifle - Shoulder fired weapon
 Most commonly caused by Vehicular Accidents and Sports  As to the Nature of the Magazine
Injuries  Cylindrical Revolving Magazine
 Vertical or Horizontal Magazine
 Components of a Weapon
 Open Wounds  The Cartridge
 Abrasion  The Firearm
 An injury characterized by the removal of the superficial  Cartridge
epithelial layer secondary to friction against a hard rough  The Cartridge Case or Shell
surface.  Cylindrical structure with a base which houses the
 Usually develops at the precise point of impact different parts of the ammunition
 May exhibit the pattern of the wounding material  May be:
 Also known as “gasgas”  Cartridge with a Rim
 Incised Wound  Rimless Cartridge
 Wound produced by a sharp edged instrument  Semi-rimless Cartridge
 May be:  Belted Cartridge
 Impact cut – like that of a jungle bolo  Primer
 Slice Cut – like that of a knife  Functions to transform the mechanical energy of the
 Stab Wound firing pin to chemical energy by its rapid combustion
 Wound produced by the penetration of a sharp pointed  Located at the base of the cartridge and covered by a
and sharp edged instrument. small disc of soft metal known as percussion cap or
 Punctured Wound primer cap
 Injury resulting from the use of a sharp pointed  May be:
instrument such as an icepick  Center fire Cartridge
 Lacerated Wound  Percussion Cap located at the center
 Tear of the skin and underlying tissues due to forcible  Most common
contact with a blunt instrument.  Rimfire Cartridge
 Primer is placed inside the rim of the
shell
Firearm  Common in 0.22 caliber firearm
 An instrument used for the propulsion of a projectile using expansive force  Firearm with a pin
of gases coming from the burning of gunpowder  No longer in use due to inherent
 Includes: instability
 Rifles  Powder or propellant
 Muskets  Gunpowder/Propellant
 Shotguns  Primary propulsive force in the cartridge
  Types of Propellant  Series of parallel spiral grooves on the whole length
 Black Powder  Number – varies from 2-12
 (80%KNO3, 15%S, 10%C)  Twist Rate - expression of 1 complete twist
 Smokeless Powder  Direction – clockwise or counterclockwise
 Single base (either cellulose nitrate or  Land
nitroglycerin)  Space between 2 grooves
 Double base (contains both)  Determination of caliber
 Semi-smokeless Powder  Distance of the barrel between 2 lands
 (80%black and 20% smokeless)
 Bullet or projectile  Mechanism of Firearm Action
 The projectile attached to the free end of the cartridge  The firing pin hits the primer cap which ignites the primer.
case  Ignition of the primer initiates ignition of the gunpowder which
 Classification produces pressure and this pressure pushes out the bullet out of
 Shape of the tip the barrel.
 Conical
 Hemispherical  Thing which come out of the muzzle after firing
 Wad cutter (square nose)  Bullet
 Hollow point  Flame
 Presence or absence of jacket  Heated, compressed and expanded gas
 Naked Lead Bullet  Residue coming from:
 Jacketed Bullet  Bullet
 Full Jacketed Bullet  Fragment
 Semi-jacketed Bullet  Lubricant
 Special Bullets  Primer
 Armour Piercing Bullets  Powder particles
 Phosphorus flare or Tracer  Powder grains
Bullet  Soot
 Plastic Bullet  Graphite
 Bullet with Plastic Sabot  Rust, Dust
 Bullet with Secondary  Scraping from previous fire
Explosion
 Soft Point Bullets  Bullet Movement
 Firearms  Forward movement
 Parts of the firearm of medicolegal importance:  Spinning Movement
 Trigger with firing pin  Tumbling Movement
 Barrel  Wobbling Movement
 Gravitational Pull
 Trigger
 Part of the firearm which causes the firing evolution.  Factors Responsible for Injurious Effect of the Bullet
 Classification:  Inherent on the bullet
 Relation of cocking and trigger pressure  Speed of the bullet
 Single Action Firearm  Size and shape of the bullet
 Double Action Firearm  Character of the missile’s momentum in flight
 Number of Shots on Pressure on the Trigger  Nature of the target
 Single Shot Firearm  Density of the target
 Automatic Firearm  Length of tissue involvement
 Barrel  Nature of media Traversed
 Riflings  Importance of the Organ Involved
  Edges may be everted, some tissue may be found in the
Effects of firing evolution gun barrel
 Flame  Burns, tattooing, smudging and singeing of hair is
 Brought about by the ignition of the propellant present
 Does not usually go beyond a distance of 6 inches and in pistols is  Muzzle imprint on the skin present
often less than 3 inches  Point of Entry – near contact fire
 Causes burning of the skin in contact or near fire  Wound is usually large and circular depending on the angle of fire
 Heated, Compressed and Expanded Gas  Contusion collar distinct
 Brought about by the limited space in the chamber of the firearm  Burns, tattooing, smudging and singeing of hair is present
 Responsible for the propulsion of the projectile.  Muzzle imprint on the skin present
 Responsible for the muzzle blast.  Blackening of the bullet tract
 Smoke  Point of Entry – short range fire about 1-15 cm distance
 Product of the complete combustion of the gunpowder and the  Edges of the wound inverted
propellant.  Contusion collar distinct
 Light, almost black and only covers the skin.  Tattooing and smudging is present
 May be readily wiped off.  If within 3 inches, burns may be present
 May be seen up to a distance of 12 inches  Point of Entry – medium range fire about 15-60 cm distance
 Powder Grains  Edges of the wound inverted
 Product of the incomplete combustion of the gunpowder and the  Contusion collar distinct
propellant together with graphite.  Tattooing and smudging (if less than 30 cm) is present but of
 Relatively heavier than smoke. lesser density
 May not be readily wiped off and penetrates the dermal and  Burns and singeing is absent
epidermal layer of the skin.  Point of Entry – greater than 60 cm distance
 Responsible for the production of tattoing.  Edges of the wound inverted
 May be seen up to a distance of 24 inches  Contusion collar distinct
 Tattooing, smudging, burns and singeing is absent
 Contusion Collar
 Caused by the pressure of the bullet on the elasticity of the skin. Point of Exit (Outshoot)
 No characteristic shape
Characteristics of Point of Entry  Edges are usually everted
 Depends upon:  Point of Exit (Outshoot)
 Caliber of the Wounding Weapon
 Characteristics inherent to entrance wound Special Consideration on Bullets
 Direction of fire  Souvenir bullet
 Shape and composition of missile  Bullet migration
 Range  Tandem Bullet
 Kind of weapon Shotgun Wounds
 Point of Entry – contact fire  Classes of Shot in a Shotgun Shell
 Where bone is superficial  Birdshot – small and measuring 200-400 shots in the shell
 Wound is large and stellate (star) shaped  Buckshot- shot ranges from .24 to .33 inch in diameter. Std 12
 Edges may be everted gauge = 9 shots
 Burns, tattooing, smudging and singeing of hair is  Single Projectile or rifled slug.
present
 Muzzle imprint on the skin  Types of Shotgun
 Where bone is deeply located  As to number of barrels
 Wound is usually large, circular and without radiating  Single barrel
laceration  Double barrel
 As to the manner of firing and reloading
  Bolt Action  Example:
 Lever action dynamite
 Pump Action and plastique
 Autoloading such as C4
or Semtex
Chemical Energy  Unstable
 Causes injury when there is a sudden release of potential energy into  Easily
kinetic or thermal energy causing a sudden increase in pressure detonates
 Results in an explosion from heat,
 Types of Chemical Explosion flame, spark
 Diffused Reactant Explosion or percussion
 Caused by a mixture of gas and air and initiated by a  Example:
flame Picric Acid
 Examples include: and
 Internal Combustion Engine Nitroglycerin
 A leaking Gasul  Injury is due to:
 Fuel Air Bomb  Primary effects of detonation
 Condensed Reactant Explosion  Occurs when the body is in contact with the
 Caused by a large quantity of heat and gas produced as a explosive
consequence of a rapid chemical reaction in a liquid or  Causes complete disruption or fragmentation of
solid the victim’s body
 Radiating in an outward direction thus maximal damage  Compression-decompression effect brought
is sustained nearest the point of origin about by sudden rise and fall of atmospheric
 Subclassified as: pressure
 Low order Explosive (Deflagrating Explosive)  Secondary to the blast wave
 Relies on burning and confinement to  Body may be thrown some distance and
produce explosions dismembered
 Gunpowder is the best known low order  Hollow organs are most heavily damage
explosive.  Peppering of shrapnel
 High Order Explosive  Secondary to the effect of blast wave to small
 Type of explosive which detonates fragments
 Detonation is a chemical process which  May be metallic or not
results in the extremely rapid  Other blast wave effects
decomposition of nitrogenous  May cause fall related injuries
compound releasing heat and gas as its  Damage to the respiratory organs
by-product  Damage to the ear and the tympanic membrane
 Damage is caused by the shock wave
which results from the sudden release
of heat and gas Thermal Injuries
 Types of High Order Explosive  Caused by appreciable deviation from normal temperature
 Stable  either a decrease or an increase
 Stable until  Cold – frostbite
detonated by  Heat – burns or scalds
another
explosive Death or Injury From Cold
such as a  Unusual in tropical countries
blasting cap  Frost Bite
 Cause of death
  Decreased ability of the Red Blood Cell to deliver oxygen  May cause extensive tissue destruction.
 Diminished ability of the tissue to utilize oxygen.
 Vascular effects of cold causes hemostasis and later cell death, Electrical Energy
necrosis and infection  Lightning Strikes
 Electrical Current
Death or Injury From Heat
Either: Lightning
 Scalds  Electrical charge in the atmosphere
 Burns  May reach 1 Gigavolts and 10,000 to 200,000 amperes
 The distribution is variable and unpredictable
Local Effects  Lichtenberg Figures – characteristic of lightning strikes
 Burn
 Dry heat (flame, heated solid, radiant heat) Electrical Current
 Occurs at or above the site of contact  Main cause of death is shock
 Singeing of the hair is present  Principal factor is the intensity of the current or the amperage
 Unclear boundaries  Factors affecting Electrical shock
 Severe  Personal idiosyncracy
 Clothing involved  Disease
 Heart Disease, presence of pacemakers
 Scalds  Sleep
 Moist heat or steam  Increases resistance to electrical current
 Occurs at or below the site of contact  Amperage
 Absent  70-80 in AC
 Distinct boundaries  250 in DC
 Limited  Resistance of the body
 Clothing usually uninvolved  Lesser resistance = greater injury
 Nature of the current
 Purposes of Intentional Fire or Arson  Ac vs DC
 To conceal identity and true cause of death  Grounding
 To commit homicide  Duration of contact
 To commit insurance fraud  Kind of conductor
 To commit suicide  Point of entry
 To perpetuate a cause.  Mechanism of death
 Ventricular fibrillation
 Proof of burning antemortem or while the victim is still living  The heart is unable to contract properly leading to loss of
 Presence of smoke in the air passage cardiac output and circulation
 Grayish-black to black amorphous material in the mucosa  Occurs in Low voltage injury
of the larynx, trachea or bronchii  Respiratory Failure
 Inflammation of the lung and airway  Paralysis of the nervous system in charge of breathing
 Smoke Inhalation  Occurs in High voltage injury
 Heat Stiffening  Mechanical asphyxia
 Exposure to temp >75°C  Prolonged convulsions often result from electrical injury
 Assumes the pugilistic attitude – lower and upper
extremities are flexed and hands are clenched  Electrical Burns
 Other names include:
 Chemical Burns  Electrical necrosis
 Results from the action of strong acids and alkalis and other  Electric marks
irritant chemicals  Current markings
  These may be seen at the point of entry and point of exit  Succession
 Metallization  Business – i.e. agency and partnerships
 A specific feature of electrical injury  Criminal liability is extinguished
 Metal of the conductor is volatilized or vaporized and the  Civil claims for damages are extinguished and are transformed to claims
particles are driven into the epidermis against the estate
 Color depends of the conductor
 Iron = yellow brown Medicolegal Investigation of Death
 Copper = bluish  Inquest Officer – an official of the state charged with the duty of inquiry
into certain matters
Infection o The provincial and city prosecutors
 Caused by a pathogen o Judges of the MTC and RTC
 May be: o Director of the NBI
 Viral o Chief of Police of the City of Manila
 Bacterial o Solicitor General
 Parasitic
 Prions Autopsy
 Of medicolegal importance:  Comprehensive study of a dead body, performed by a trained physician
 Weaponized strains pathogens. employing recognized dissection techniques.
 Historical Implications  Different from post mortem examination wherein only external examination
 Used since time of antiquity is done.
 Assyrians – Used fungus to poison enemy wells
 Hannibal – Used snakes on enemy ships Cases requiring autopsy
 Mongols - animal carcasses to poison enemy wells 1. Whenever required by law
 Advent of germ theory 2. Upon order of a competent court, mayor or prosecutor
 Weaponization of botulism and brucellosis 3. Upon written request of police authorities
 Weaponization 4. Whenever the Solicitor General, Provincial and City prosecutor deem it
 Increasing resistance to environmental factors necessary
 Means: 5. Upon written request in writing of the nearest of kin to determine
 Adding cancer genes to increase the robustness of the cause of death
pathogen
 Combining bacteria with viruses Manner of Death that should be autopsied
 Combining gene enhancers, promoters or suppressors to viruses 1. Violent death
 Using bacterial combinations 2. Accidental death
 Usually studied pathogens 3. Suicidal death
 Small pox 4. Sudden death of persons who are apparently in good health
 Ebola 5. Death unattended by a physician
 Lassa 6. DOA patients
 Anthrax 7. Death occurring in an unnatural manner.

Who are authorized to conduct autopsies?

MODULE IV.  Provincial, District or local health officer
 Medical officer of law enforcement agencies
Death  Medical examiner of Manila
 A natural endpoint of life.  Medical staff of the NBI
 As the saying goes “Nobody gets out of life alive.”  Medicolegal Officers of the PNP
 Members of the medical staff of accredited hospitals
Importance of Determination of Death
 Civil Personality is extinguished by death Negative Autopsies
  No cause of death is determined despite diligent efforts being done.  Accidental Death (Art. 12 No. 4)
 2-10% of autopsies yield this result.  Performing a lawful act
 With due care
Purpose of Medicolegal Autopsy  Caused injury by mere accident
 Primarily the determination of the cause of death  Without fault with no intention of causing it
 Negligent Death (Art. 365 of Revised Penal Code)
Cause of Death  Results from imprudence, negligence, lack of foresight or lack of
 Injury, disease or the combination thereof, responsible for initiating the skill
trend which produced the fatal sequelae  Suicide
 May be immediate or proximate  Not punishable under the law (you’re already dead!)
 Immediate-applies when trauma or disease kill quickly  Giving assistance to suicide
 Proximate-patient is killed by the complication of the initial trauma  When doctors assist in commission without actually administering
the drug (like prescribing the drug)
Medicolegal Masquerade  When he administers it himself
1. Violent death with minimal or no external evidence of injury  When the act is not consummated
2. Natural death where signs of violence may be present  Parricide
 Killing of one’s relatives
 Examples of disease with no specific findings  Father whether legitimate or illegitimate
 Sudden Infant Death Syndrome  Mother whether legitimate or illegitimate
 Apparently healthy  Child whether legitimate or illegitimate
 Sudden Unexplained Nocturnal Death  Ascendants/Descendants - legitimate
 Instantaneous Physiologic Death  Spouse – legitimate
 Blow to the larynx, solar plexus, pressure on the carotid sinus,  Infanticide
kick to the scrotum  Killing a child less than 3 days old.
 Penalty of Infanticide
 If mother, father or legitimate ascendant
Manner of Death  Same as that of parricide
 Natural –  Any other person
o caused solely by disease  Same as that of murder
o Caused by a disease condition in the body  Concealment of dishonor
o Importance  Mother – prision correctional
 Impossible Crime (Art 4. No. 2 RPC)  Maternal Grandparents – prision mayor
 An offense against person and property  HOMICIDE
 Inherent impossibility of its accomplishment  Killing without any of the justifying circumstance
 Determination of Criminal Liability  Intentional
 Wrongful act is different from what is intended.  Not within the definition of murder, parricide or infanticide
 Mitigating circumstance  JUSTIFYING CIRCUMSTANCE
1. Anyone who acts in defense of his person or rights
 Unnatural/Violent – 2. Anyone who acts in defense of the person or rights of his spouse,
o due to injury of any sort ascendants (like lolo or lola), descendants (like apo), or
o Due to injuries inflicted in the body by some outside force legitimate, natural or adopted brothers or sisters, or of his
o Requisites for the presumption that death occurred as a relatives by affinity in the same degrees, and those by
consequence of the injury consanguinity within the fourth civil degree
 Victim was in normal health 3. Anyone who acts in defense of the person or rights of a stranger,
 Death may be expected from the injuries inflicted provided that the person defending be not induced by revenge,
 Death occurred within a reasonable time resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act
Penal Classifications which causes damage to another
 5. Any person who acts in the fulfillment of a duty or in the lawful DISPOSAL OF A DEAD BODY
exercise of a right or office.  Methods
6. Any person who acts in obedience to an order issued by a superior o Embalming
for some lawful purpose.
 MURDER o Burial
1. Treachery, taking advantage of superior strength, with aid of  Must be buried within 48 hours after death if no
armed men, employing means to weaken the defense or means of embalming is done
a person to ensure impunity o If due to communicable disease
2. In consideration of price, reward or promise  Must be buried within 12 hours
3. By means of inundation, fire, poison, explosion, shipwreck,  House and other belongings must be burned
stranding of a vessel, derailment or assault upon a streetcar or
locomotive, fall of an airship, by means of a motor vehicle or with DEATH CERTIFICATE
use of any other means involving great waste and ruin  Must be released and forwarded to the civil registrar within 48 hours
4. Any of the above occasions in the event of an earthquake,
eruption of a volcano, cyclone, epidemic or any other public
calamity Legal Requirements for Burial
5. Evident premeditation  Section 90 and 91 of PD 856, states
6. With cruelty, by deliberately inhumanely augmenting the suffering o Can only be done in places that are designated by law
of the victim or defiling his corpse o Should be at least 25 meters from any dwelling or house
 DEATH IN A TUMULTUOUS AFFRAY o Should be at least 50 meters away from any river or water supply
 Killed in a confused or tumultuous affray o Death Certificate must have been issued.
 Actual killer is unknown o If unembalmed, remains should be buried within 48 hours
 That the person or persons who inflicted the death or serious o If the cause of death is a dangerous communicable disease, the
physical injuries are known. remains shall be buried within 12 hours.
 Death under EXCEPTIONAL CIRCUMSTANCE
 Spouse Reasons for Burial
 Valid marriage  Respect for the Physical Remains
 Caught having sexual intercourse with another man  In Judeo-Christian Tradition, an attempt to follow religious doctrine. Ashes
 Killed immediately thereafter to Ashes, Dust to dust…
 Daughter  At attempt to bring closure to the next of kin
 Less than 18 years old
 Living with the parents EXHUMATION
 Parents caught her by surprise having sexual intercourse  The digging up of a buried body
with the seducer  Generally considered taboo by most cultures that bury their dead
 Killed immediately thereafter  Exceptions
o Upon order of the Court in the interest of justice.
o Whenever the Sol Gen, Provincial or City Fiscal deem it necessary
 Special Death o Whenever the nearest of kin shall request in writing to ascertain
 Judicial death the cause of death
 Allowed by the law
 Electrocution DISINTERMENT
 Hanging  Permission to disinter may be granted after a period of:
 Musketry (Firing Squad) o 3 years – non communicable causes of death
 Gas Chamber o 5 years – communicable causes of death
 Lethal injection o Exception may be granted if with permission of the Regional
 Euthanasia Director
 Suicide
Death
  The termination of life  A light is shined upon the spread hand of the
 Complete cessation of all the vital functions without the possibility of person, if the person is still alive then the skin is
resuscitation translucent with visible blood vessel
 Heat Application
 Causes the formation of a blister at the point of
Types of death (Accdg to the Organ Donation Act of 1991) heat application
 Cardio-Respiratory death  Palpation of the Radial Pulse
 Continuous cessation of heart action  Dropping of melted wax
 Method of determination – ECG (asystole or flat line on the ECG)  Cessation of Respiration
 Must be continuous and persistent
 Brain Death  Instances where there is cessation of respiration but the condition
 Continuous absence of electrical brain activity is transient include:
 Deep irreversible coma  In free diving (without SCUBA gear)
 Method of determination – EEG - isoelectric  In cases of electric shock
 In cases like Obstructive Sleep Apnea (OSA)
Kinds of Death  In cases of newborn with poor prognosis
 Somatic Death or Clinical Death  In cases of near drowning
 Patient is pronounced dead but at this stage cells are still  Methods of Detecting Cessation of Respiration
functional  Visual Examination of the Chest and Abdomen
 Molecular or Cellular Death  Auscultation or listening with a stethoscope
 ATP (or the fuel of the cell) is used up and cell homeostasis is  Examination with a mirror
disrupted leading cell rupture  The mirror should fog due to the breath of a
 Apparent Death or State of Suspended Animation living person
 Transient loss of consciousness  Examination with a feather or cotton fibers
 The fibers should ruffle due to the breath of the
Signs of Death person
 Cessation of heart action and circulation  Examination with a glass of water
 General rule: stoppage of heart action for 5 minutes is regarded  The glass is placed upon the chest of the person.
as certain death If he is still living then the movement of the
 Ultimen mariens- the stoppage of the auricle which is the last to chest wall while breathing causes the water to
stop in somatic death move.
 Methods of Detecting Cessation of Heart Action  Winslow’s Test.
 Palpation or feeling for the pulse  Similar to the above test but the water is
 Auscultation or listening for the Heart Sounds replaced with mercury
 Fluoroscopic examination  Cooling of the Body (Algor Mortis)
 ECG (gold standard)  Progressive fall of the body temperature is one of the most
 Methods of Detecting Cessation of Circulation prominent signs of death
 Magnus Test  A drop of 15-20°F is a certain sign of death
 Tying a string around the finger of the person. If  Rate of Cooling
the person is alive, the area near the string  1st 2 hours – (Body temp – Air temp)/2
becomes pale in color  Next 2 hours – ½ the value of the previous decrease in
 Opening of a small artery temp.
 Icard’s Test  This rate continues until the body attains room
 Injection of fluorescein into the skin of the temperature in 12 to 15 hours after death with an
person. If the person still has circulation , the average loss of 1.5°C per hour
skin of the person becomes yellowish  Estimating Time of Death
 Pressure on the fingernail
 Diaphanous Test
  The liver temperature is gotten and the temp is  Tache noir de la sclorotique
subtracted from normal temp and divided by 1.5 to get  A spot which may be found in the cornea after death. At
approximate time of death the beginning it is yellowish but later becomes brown or
 Factors affecting body temperature black.
 Factors delaying cooling
 Acute pyrexial illness (post mortem caloricity)  Changes in the muscle
 Apparent good health prior to death  Stage of primary flaccidity
 Obesity  Post mortem muscular irritability
 Death from asphyxia  Stage of post mortem rigidity
 Clothing  Cadaveric rigidity
 Want of access of air to the body  More commonly called Rigor mortis
 Small room  Death struggle of muscles
 Warm ambient temperature  Stage of secondary flaccidity
 Post mortem Caloricity  Decay of the muscles
 A phenomenon wherein the body temperature
rises after death due to rapid and early  Stage of Primary Flaccidity
putrefactive changes usually secondary to an  Complete relaxation and softening of all the muscles of
infectious process. the body
 Pupils are dilated
 Factors accelerating cooling  Sphincters are relaxed
 Chronic illness  Muscles are still susceptible of stimulation by electricity
 Advanced age  Lasts about 3 to 6 hours after death
 Leanness of physique  Stage of Post mortem rigidity
 Lack of clothing  Gradual stiffening of the muscles beginning with muscles
 Easy access of air to the body of the neck and lower jaw and usually spreading
 Large room allowing easy dissipation of heat downwards.
 Cold ambient temperature  Starts from 3 to 6 hours after death.
 Immersion of body to water  Stiffening is complete after 12 hours
 Lasts approximately 24 to 36 hours
 Insensibility of the body and loss of locomotion  Medicolegal use is for estimating time of death.
 This may be present in living patients suffering from the following  Factors affecting time of onset
thus must be taken in conjunction with other signs.  Internal factors
 Seizure Disorder  State of the muscles
 Coma  Age
 Cerebral Concussion  State of the nerves
 Catatonic Schizophrenia  External factors
 Changes in the Skin  Ambient temperature
 Pale and waxy looking skin secondary to loss of circulation  Moisture
 Loss of elasticity
 i.e. Post mortem contact flattening  Conditions simulating Rigor Mortis
 Opacity of the skin under direct illumination  Heat Stiffening
 Application of heat has no inflammatory reaction  Exposure to temp >75°C
 Caused by coagulation of proteins resulting to
 Changes in and about the eye shortening of muscle
 Loss of corneal reflex  Assumes the pugilistic attitude – lower and
 Clouding of the cornea upper extremities are flexed and hands are
 Flaccidity of the eyeball clenched
 Pupils are fixed and dilated
  Cold Stiffening  Skin is not elevated (unlike in a hematoma)
 Due to the solidification of fat when the body is  Color is uniform
exposed to freezing temperatures  No injury is present on the skin.
 It is reversible when the body is thawed.
 Putrefaction of the body
 Cadaveric Spasm  Breaking down of the complex proteins into simpler components
 Instantaneous rigidity of the muscles which  Associated with the evolution of foul smelling gases
occurs at the moment of death due to extreme  The action of anaerobic bacteria results in the release of
nervous tension, exhaustion and injury to the CO2, NH3, H2, H2S and CH4
nervous system.  Effect of the Evolution of Gases
 Medicolegal use: findings of weapons, hair and  Displacement of blood
other substances may indicate whether suicide,  Bloating of the body
homicide or murder.  Tete de negri (the body assumes the appearance of an
African American)
 Stage of Secondary Flaccidity  Fluid coming out of the Nostrils and Mouth
 Different from primary flaccidity due to the loss of  Usually in the form of froth
response to electrical stimuli  Extrusion of Fetus in the Gravid Uterus
 Secondary to the dissolution of previously coagulated  Floating of the body.
muscle protein by action of enzymes  Causes bloating of the body
 Tissue changes in Putrefaction
 Changes in the blood  Changes in the Color of the tissue
 Post mortem lividity  Due to the breakdown of hemoglobin in the
 Also known as: tissues
 Cadaveric lividity  Liquefaction of the Soft Tissues
 Post mortem suggillation  End product of decomposition
 Post mortem hypostasis  Factors Modifying the Rate of Putrefaction
 Livor Mortis  Internal Factors
 Blood accumulates in the most dependent portions of the  Age
body due to:  Healthy adults decompose faster than infants
 Stoppage age of heart action  Condition of the Body
 Loss of tone of blood vessels  Lean individuals decompose slower.
 Gravity  Cause of Death
 Usually begins to be visible 3-6 hours post mortem  Due to infection-decompose faster.
 Fully developed in 12 hours post mortem  External Factors
 Post mortem lividity  Free Air
 Medicolegal Implications:  Air (will hasten decomposition)
 It indicates the position of the body at time of  Moderate Moisture (will hasten decomposition)
death.  Condition of the Air
 Shows whether or not the body has  Temperature (70-100°F)
been moved from the original position.  Light
 Color of the lividity is indicative of the cause of  Earth
death  Water
 In cases of carbon monoxide poisoning,  Clothing
the body becomes cherry red  Organs which putrefy early
 In indicates time of death.  Brain
 Characteristics of Postmortem Lividity  Lining of the trachea and larynx
 Occurs in the dependent parts of the body  Stomach and Intestines
 Involves only the superficial layer of the skin  Spleen
  Liver  Abduction
 Gravid Uterus  Adultery and Concubinage
 Organs which putrefy late  Prostitution
 Esophagus  Corruption of Minors
 Diaphragm  Anti Trafficking in Persons Act of 2003
 Heart  White Slave Trade
 Lungs  Abuse against Chastity
 Kidney  Sexual Harassment (RA. 7877)
 Urinary Bladder  Anti Photo and Video Voyeurism Act of 2009

 Special Modification to Putrefaction Rape

 Mummification
 Dehydration of the whole body which results in
the shivering and preservation of the body
 Occurs when the body is buried in a hot arid
place
 May occur naturally or artificially
 Artificial Mummification
 Acceleration of the evaporation of the tissue
fluid prior to the onset of decomposition
 This is usually done with the use of salt
 Addition of some kind of body preservative to
inhibit decomposition and to allow evaporation
of fluid.
 Formalin, resinous or tarry material
 Saponification or Adipocere formation
 Fatty tissues are transformed to soft brownish
white substance
 Adipocere is a waxy material, rancid in odor
 Occurs naturally in the visceral organs
 Is caused by anaerobic bacterial hydrolysis of
body fat
 Absence of oxygen in a cold and humid
environment
 Maceration
 Softening of the tissue when in a fluid medium
in the absence of putrefactive organism
 Usually observed in fetal death in utero
MODULE VI.
Sex Crimes
 Rape
 Seduction
 Qualified Seduction
 Simple Seduction
 Acts of Lasciviousness
 Rape is committed:
 By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
 Through force, threat, or intimidation
 When the offended party is deprived of reason or otherwise
unconscious
 By means of fraudulent machination or grave abuse of authority
 When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances mentioned
above be present.
 Carnal knowledge pertains to:
 Act of having sexual bodily connection with a woman
 Not necessary for the vagina to be entered or that the hymen be
ruptured
 Deprived of reason or unconscious means:
 Committed on an insane or mentally deficient
 Under the influence of alcohol or drugs
 Under the influence of sexually stimulating drugs
 Unconscious
 In her natural sleep
 Knocked out by physical injuries
 Under the influence of narcotics
Rape is committed under paragraph 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 person's mouth or anal orifice,
 Any instrument or object, into the genital or anal orifice of another person.
Seduction
 The act of a man enticing women to have unlawful sexual intercourse by
means of
 Persuasion
 Solicitation
 Promises
  Bribes Consented Abduction
 Other means except for force.  Carrying away of a woman by an abductor with lewd design with her
 May be either consent.
 Qualified Seduction  Woman must be a virgin
 Ordinary  12 to 18 years old
 Incestuous
 Simple seduction Adultery
Qualified Seduction  Woman is married
 Offended party must be a virgin  Has had sexual intercourse with a man not her husband
 12 to 18 years old  The man knows her to be married even if the marriage is subsequently
 Sexual intercourse must transpire declared void
 Done through the abuse of authority or confidence
 The abuse of authority Concubinage
 Person in public authority  Keeping a mistress in the conjugal dwelling
 Guardian  Having sexual intercourse under scandalous circumstances with a woman
 Teacher not his wife
 Abuse of confidence  Cohabiting with her in any other place
 Priest
 House Servant Prostitution
 Domestics  It is committed by a woman if:
Incestuous Qualified Seduction  She habitually indulges in sexual intercourse or lascivious acts
 Offended party must be a virgin  The above act is done for profit
 12 to 18 years old
 Sexual intercourse must transpire Corruption of minors
 With a blood relation  Any person who shall:
 Brother who seduces the sister  Promote
 Ascendant who seduces the descendant  Facilitate
 Corruption of persons under age
Simple Seduction  To satisfy the lust of another
 Offended party over 12 but less than 18 years old  The penalty was increased by RA 7610 if committed on children less than
 Must be single or widow of good reputation 12 years old
 Must have sexual intercourse with the offender
 Sexual act must be done by means of deceit Anti Trafficking in Persons Act of 2003
 Deceit is a fraudulent or cheating misrepresentation  It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
Acts of Lasciviousness  To recruit, transport, transfer; harbor, provide, or receive a
 Offender commits any act of lasciviousness person by any means, including those done under the pretext of
 By: domestic or overseas employment or training or apprenticeship,
 using force or intimidation for the purpose of prostitution, pornography, sexual
 Depriving her of reason or otherwise unconscious exploitation, forced labor, slavery, involuntary servitude or debt
 The offended party may be either sex bondage
 To introduce or match for money, profit, or material, economic or
Abduction other consideration, any person or, as provided for under Republic
 Carrying away of a woman by an abductor with lewd design Act No. 6955, any Filipino woman to a foreign national, for
 Either: marriage for the purpose of acquiring, buying, offering, selling or
 Forcible trading him/her to engage in prostitution, pornography, sexual
 Consented exploitation, forced labor, slavery, involuntary servitude or debt
bondage
  To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage
 To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual
exploitation
 To maintain or hire a person to engage in prostitution or
pornography
 To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
 To maintain or hire a person to engage in prostitution or
pornography
 To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
White Slave Trade
 Any of the following is sufficient to constitute the offense which need not
be habitual
 Engaging in the business of prostitution
 Profiting by prostitution
 Enlisting the services of women for the purpose of prostitution
Abuse Against Chastity
 By soliciting or making immoral or indecent advances to a woman who:
 Interested in matters pending before the offending officer for
decision or which he is required to make a report to or consult
with a superior officer
 Under the offender’s custody
 To the wife, daughter or relative with the same affinity of a person
under his custody
Sexual Harassment (RA. 7877)
 Who commits sexual harassment?
 Employer
 Employee
 Manager
 Supervisor
 Agent of the employer
 Teacher
 Instructor
 Professor
 Coach
 Trainor
 Any other person who, having authority, influence or moral
ascendancy over another in a work or training or education
environment
 How is it committed?
 In a work-related or employment environment:
 The sexual favor is made as a condition:
 in the hiring
 in the employment, re-employment or continued employment of
said individual
 in granting said individual favorable compensation, terms,
conditions, promotions, or privileges
 the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee
 The previous acts would:
 Impair the employee's rights or privileges under existing labor
laws
 Result in an intimidating, hostile, or offensive environment for the
employee
 In an education or training environment, sexual harassment is committed:
 Against one who is under the care, custody or supervision of the
offender
 Against one whose education, training, apprenticeship or tutorship
is entrusted to the offender
 When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges or
considerations
 When the sexual advances result in an intimidating, hostile or
offensive environment for the student, training or apprentice
Examination of Abuse Victims
 Should be done in a thorough and systematic manner
 Victims are encouraged not to:
 Bathe or shower
 Use the restroom
 Change clothes
 Comb hair
 Clean up the crime scene
 Move anything the offender may have touched
 Initial assessment
 Get informed consent
 Get the Complete Medical History including gynecologic history
 Menarche – date of first menstruation
 LMP – last menstrual period
 Previous sexual history – to determine the possibility of
contamination of sample
  Collect all items of clothing or sanitary ware for further examination  Septate – 1%
 Should be stored in a sealed container for further testing  Slitlike
 Clothing of assault victim  Cribriform – 0%
 Imperforate 2%
 Improvised Rape Kit should include the following:
 Bags and sheets for evidence collection  Timeline of Hymenal Laceration
 Swabs  Fresh, bleeding – recent origin
 Comb  Fresh healing with fibrin formation and edema of the surrounding
 Envelopes for hair and fibers tissues – 4-10 days (aka recently healed laceration)
 Blood collection devices  Healed laceration with sharp coaptible borders without congestion
 Documentation forms – 2-3 weeks
 Healed laceration with rounded coaptible borders and retraction of
Examination of Abuse Victims the edges – more than 3 weeks
 A “top to toe” physical examination should be done.  Evidence Collection
 Physical Examination Findings to be noted:  Photography of all injuries
 Ligature marks  Swab all injuries that may have DNA transfers
 Findings to be noted  Bite marks
 Fingertip bruising along the neck  Semen stains
 Fingertip bruising along the arm  Vaginal/Rectal swabs
 Lip Bruising
 A detailed genito-anal examination is done Conditions Consistent with Abuse
 Examination Position – Dorsal Decubitus  Rape Trauma Syndrome
 stress response pattern of... a person who has experienced sexual
 Determination of virginity: violence”
 Difficult to determine.  Manifested in somatic, cognitive, psychological and/or behavioural
 A requisite in the criminal cases of symptoms
 Qualified Seduction  Usually consists of two phases:
 Consented Abduction  the acute phase
 Types of virginity  Period of disorganization
 Moral Virginity  Usually last for 2 -3 weeks
 Physical Virginity  Victim presents with strong emotional reaction
 True Physical Virginity and may present with physical symptoms
 False Physical Virginity  Rooted in fear of physical injury, mutilation or
 Demi Virginity death
 Virgo Intacta  the long-term phase
 Period of reorganization
 Hymenal Configurations  May be adaptive or maladaptive
 Annular (oval or circular)  Phobias begin to appear in this phase
 Crescentic (Semilunar)  Victims initiate lifestyle changes
 Redundant (Fimbriated or Denticular)  Sexual dysfunction begin to appear.
 Septate  Sexual aversion
 Slitlike  Vaginismus
 Cribrifrom  Flashbacks of the event during
 Imperforate intercourse
 Hymenal Configurations
 Annular – 32%  Battered Woman Syndrome
 Crescentic – 36%  A series of abuse inflicted upon a victim
 Redundant – 25%  Requires at least 2 cycles of:
  Battering  Repeated fractures
 Remorse  Trauma
 Reconciliation  Malnourishment
 Recognized by Phil Courts as an exempting circumstance (People
v. Genosa) Paternity and Filiation
 Definitions
 Post Traumatic Stress Disorder  Paternity – civil status of the father with respect to the child
 Usually manifested by victims of violent sexual assault and those begotten by him.
perpetrated by strangers  Filiation – Civil status of the child in relation to its mother and
 Manifests as intrusions and avoidance father
 Intrusions – reliving the event  Birth
 Avoidance symptoms include:  Medically means the entire delivery of a child from the mother.
 Self imposed isolation  Legally
 Increase drug or alcohol use  The fetus is considered born if it is alive at the time it is
 Intellectuallization of the event completely delivered from the mothers womb
 Exception:
 Battered Child Syndrome (RA 7610 and RA 9262)  If the newborn was born with a gestational age
 Physical, mental, moral and economic abuse of a child of less then 210 days, then the child must
 Usually done by parents who are survive at least 24 hours to be considered as
 Immature born alive.
 Self Centered  Determines personality
 Impulsive  Conceived children shall be considered born for all
 With poor control of aggression purposes favourable to it.
 Causes of Abuse  Examples
 Unwanted Progeny  Succession (Art. 760 NCC) on legitimes
 Disputed paternity  Donation
 Illegitimate  Infanticide
 Out of wedlock
 Adultery Kinds of Children
 Rape  Legitimate
 Congenital / acquired deformity  Born within a valid and subsisting marriage
 A belief that the child is the source of bad luck to the  Those who were conceived before the marriage but the parents
family got married before the child was born.
 Abusive Parents  Child born within a valid marriage but the marriage is
 Center of a triangle subsequently annulled
 A belief that the child is a hindrance to the socio  Separated parents
economic advancement of the parents  Children born of Artificial Insemination
 Kinds of Abuse  Is considered legitimate if the following conditions are
 Intermittent met:
 One time  Authorized and ratified in a written instrument
 Constant executed and signed by them before the birth of
 Ignorant the child.
 Recorded in the civil registry
Duties of the Physician  Insemination must be made on the wife.
 Report all cases of abuse to the PNP or DSWD (R.A. 7610)  Illegitimate
 Note for the following:  Those children born outside of the above enumeration.
 Skin imprints  Rights of illegitimate children:
 Multiple healing injuries  Use the surname of the father by virtue of RA 9255
  Recognized by the father by acknowledgement in the  Ways of committing:
back of the birth certificate and in an affidavit.  Using any violence upon the person of the pregnant woman
 Has a right to ½ of the share of a legitimate child in the  By acting but without using violence without the consent of the
legitime (inheritance) woman
 By acting with the consent of the woman.
 Legitimated Children  Elements:
 These are children born out of wedlock but the parents were not  There is a pregnant woman
disqualified to marry.  Violence, drugs or beverages administered
 They are legitimated by the subsequent valid marriage of their  That as result the fetus dies
parents.  That the abortion is intended.
 Brought about by The Family Code  Difference from infanticide
 Test to be used:
 Presumption of legitimacy  If the fetus could sustain independent life and the fetus is killed
 If a child is born within 300 days after dissolution of the marriage then it is infanticide
if:  Case: Pp v. Detaplan
 There is a valid marriage
 Birth took place after 180 days after celebration of the Unintentional Abortion (Art. 257)
marriage or within 300 days after its dissolution  Elements:
 No physical impossibility of intercourse in the 1st 120  There is a pregnant woman
days of the 300 days preceeding the birth of the child.  Violence is used upon such pregnant woman without intending an
abortion
 Impugning Legitimacy  Violence in intentionally exerted
 Impotence of the husband  As a result of the violence, the fetus dies.
 Husband and wife living separately  Can be done thru imprudence and complexed with homicide and
 Serious illness of the husband parricide
 DNA, HLA or other scientific basis
 Consent for artificial insemination obtained thru fraud, violence, Abortion practiced by the woman/her parents (Art. 258)
intimidation or undue influence.  Elements:
 Pregnant woman has suffered an abortion
 Presumption of illegitimacy due to ethnic reasons. (Art 257 NCC)  Abortion is intended
 No longer a valid presumption  Caused by:
 The pregnant woman
 Premature Marriage  Any other parent with her consent
 Found in Art 351 of the Revised Penal Code  Any of her parents with her consent
 Punishes a woman who shall marry within 301 days from the
death of her husband, Abortion practiced by Physician or midwife and dispensing of abortives
 Arresto Mayor  Elements (Physician/midwife):
 Fine of 500 pesos  Pregnant woman has suffered an abortion
 Purpose: to prevent confusion in connection with paternity  Abortion is intended
 Actual Cases  Done by a physician or midwife
 US v. Dulay  Takes advantage of his/her scientific knowledge and skill
 People v. Rosal  Elements (Pharmacist):
ABORTION  Offender is a pharmacist
 Definition  No proper prescription has been made
 Willful killing of the fetus in utero  Offender dispenses any abortifacient
 Violent expulsion of the fetus from the maternal womb which  Charged together with RA 4729 which regulates the sale,
results in the death of the fetus dispensation and distribution of contraceptive drugs
Intentional Abortion (ART 256 RPC)
MODULE VII Deception Detection
DECEPTION DETECTION  Essential requirement for the administration of justice
 Initially the task of the investigator
Deception  Usually involves the getting of a confession.
 Acts to propagate belief of things which are
 False Confession
 Half truths  Defined in the Rules of Court as an expressed acknowledgement by the
 Intentional accused of the truth of his guilt as to the crime charged
 Involves use of positive cognitive function  Must comply with the Following to be admissible:
 Must be made in the presence of counsel
Five Primary Forms of Deception  Must be expressly made and not implied
 Lies  A judge must make probing questions as to the understanding of
 Direct falsehoods the accused of what he is confessing to
 Equivocations  Kinds of Confessions
 Indirect, ambiguous or contradictory statements  Extrajudicial – must be accompanied by evidence of corpus delicti
 Concealments or other evidence to corroborate the confession.
 Omitting relevant information  This is to prevent people who only wishes to seek attention or
 Exaggerations gain notoriety from admitting to crimes that they did not commit.
 Understatements  Voluntary
 Involuntary
Motivation for Deception  Judicial Confession – made before a judge in a judicial proceeding
 Interpersonal Deception Theory
 Instrumental CRIMES INVOLVING TREATMENT OF DETENTION PRISONERS/CONVICTS
 Avoidance of punishment/Resource Protection
 Relational Maltreatment of prisoners
 Maintenance of bonds  Public officer/employee
 Identity  Has under his charge a convicted/detention prisoner
 To preserve face/safe image  Maltreats the prisoner:
 Overdoing in handling the prisoner
Types of deceptive personality  Maltreatment of a prisoner to extort a confession or to obtain
 Bad liars some information from the prisoner
 Natural liars
 Identified by Dr. P. Eckman RA 9745 or Anti Torture Act of 2009
 Practiced liars Who are Liable?
 Years of practice have worn away guilt signs  Any person who actually participated Or induced another in the
 Uses rationalization commission of torture or other cruel, inhuman and degrading treatment or
 Psychopathic liars punishment or who cooperated in the execution of the act of torture or
other cruel, inhuman and degrading treatment or punishment by previous
Deception Detection or simultaneous acts shall be liable as principal
 Detected at the cognitive level  Any superior military, police or law enforcement officer or senior
 Lying require deliberate effort government official who issued an order to any lower ranking personnel
 Results to: (Neuro-Linguistic Programming) to commit torture for whatever purpose shall be held equally liable as
 Disturbance principals.
 Less talking time while subject is trying to create the lie  The immediate commanding officer of the unit concerned of the AFP
 Repeated words ( form of stalling) or the immediate senior public official of the PNP and other law
 Poor logical structure enforcement agencies shall be held liable as a principal to the crime of
 Fear torture or other cruel or inhuman and degrading treatment or punishment
 for any act or omission, or negligence committed by him/her that shall  (2) Threatening a person(s) or his/fher relative(s) with bodily
have led, assisted, abetted or allowed, whether directly or indirectly, harm, execution or other wrongful acts;
the commission thereof by his/her subordinates..  (3) Confinement in solitary cells or secret detention places;
 (4) Prolonged interrogation;
Prohibited Acts under RA 9745 or Anti Torture Act of 2009  (5) Preparing a prisoner for a "show trial", public display or public
 (a) Physical torture is a form of treatment or punishment inflicted by a humiliation of a detainee or prisoner;
person in authority or agent of a person in authority upon another in  (6) Causing unscheduled transfer of a person deprived of liberty
his/her custody that causes severe pain, exhaustion, disability or from one place to another, creating the belief that he/she shall be
dysfunction of one or more parts of the body, such as: summarily executed;
 (1) Systematic beating, headbanging, punching, kicking, striking  (7) Maltreating a member/s of a person's family;
with truncheon or rifle butt or other similar objects, and jumping  (8) Causing the torture sessions to be witnessed by the person's
on the stomach; family, relatives or any third party;
 (2) Food deprivation or forcible feeding with spoiled food, animal  (9) Denial of sleep/rest;
or human excreta and other stuff or substances not normally  (10) Shame infliction such as stripping the person naked, parading
eaten; him/her in public places, shaving the victim's head or putting
 (3) Electric shock; marks on his/her body against his/her will;
 (4) Cigarette burning; burning by electrically heated rods, hot oil,  (11) Deliberately prohibiting the victim to communicate with any
acid; by the rubbing of pepper or other chemical substances on member of his/her family; and
mucous membranes, or acids or spices directly on the wound(s);  (12) Other analogous acts of mental/psychological torture.
 (5) The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of
suffocation;
 (6) Being tied or forced to assume fixed and stressful bodily
position;
 (7) Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of the
genitals;
 (8) Mutilation or amputation of the essential parts of the body
such as the genitalia, ear, tongue, etc.;
 (9) Dental torture or the forced extraction of the teeth;
 (10) Pulling out of fingernails;
 (11) Harmful exposure to the elements such as sunlight and
extreme cold;
 (12) The use of plastic bag and other materials placed over the
head to the point of asphyxiation;
 (13) The use of psychoactive drugs to change the perception,
memory. alertness or will of a person, such as:
 (i) The administration or drugs to induce confession
and/or reduce mental competency; or
 (ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and
 (14) Other analogous acts of physical torture;
 (b) "Mental/Psychological Torture" refers to acts committed by a person in
authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity and morale, such
as:
 (1) Blindfolding;
Methods of Detection  To determine whether there is history of hypertension, psychiatric
 Devices which record the psycho-physiologic response condition, and the like
 Use of drugs  To explain the purpose
 Observation  To develop test questions
 Scientific interrogation  To relieve stress and apprehension
 Confession  To determine any criminal record of the subject.
 Actual Interview and Recording
Recording the Physiologic Response  Irrelevant Questions
 Based on the flight or fight reflex of the Autonomic Nervous System  No bearing to the case under investigation
 When a person is under stress, the sympathetic system predominates:  Relevant Questions
 Note the following which are all recordable parameters  Pertains to the issues under investigation
 Heart rate increases  Control Questions
 Respiratory rate increases  Unrelated to the matter under investigation but of a
 Pupils dilate similar nature
 Blood pressure increases  Probable-lie questions
 Supplementary Tests (needed if the test done are inconclusive)
Tests which measure psychophysiologic response  Peak of tension test
 Polygraph Examination  Guilt Complex Test
 Word Association Test  Silent Answer Test
 Psychological Stress Evaluator
 Post test Interview
Use of a polygraph/lie detector  To clarify findings
 The fear of the subject in getting caught not telling the truth allows for the  To learn if there are any other reasons for the subject’s knowledge
determination of the crime
 The instrument acts like an ECG  To obtain additional information.
 The interview is recorded on a monitor and spikes are measured against a Othello Error
baseline  When the interviewer goes to an interview with an accusatory attitude, the
person is put on the defensive.
History of the polygraph examination  Changes the baseline norm thus affects the accuracy of the test.
 Invented in 1921 by John Augustus Larson
 However, William Marston claims to be the father of the “Polygraph Reason for inadmissibility
Machine”  User/ operator dependent
 No assurance of a qualified examiner
Requirements for Polygraph Examination  Opinion of the expert is the sole basis
 The room must be sound proof  Violates the suspects constitutional rights
 Must be quiet  Error prone (up to 25%)
 Isolated
 Free from any disturbance and distraction Word Association Test
 Stimulus and Non stimulus Questions are asked
How is the test conducted?  Quickness of answering is an indicator of truthfulness
 Subject is instructed to sit up straight  The answer is unimportant; time interval in answering is what is important
 Subject is instructed to look straight ahead
 All questions are to be answered with a yes or no Psychological Stress Evaluator
 Declaratory responses or responses which answer in declarative  AKA voice analysis
sentences are disallowed during the examination  Measures inaudible frequency modulation which occur with the oscillations
of the vocal cords called microtremors in the 8-14 Hz range
Phases of the Examination  Discovered in 1957 by Olaf Lippold
 Pre test interview  Microtremors disappear when under stress
  Advantages of PSE: MODULE VII.
 No attachment of sensors needed DANGEROUS DRUGS LAW
 Outside distraction need not be eliminated
 No restriction of normal body movement Dangerous Drugs Classification
 Hypnotics
Use of Drugs that Inhibit the Inhibitor  Sedatives
 Takes the subject to the brink of delirium so that positive cognitive  Hallucinogens
function is lost and only simple functions such as recall is still  Stimulants
available.  Deliriants
 Examples: Addiction v Habituation
 Truth Serum  Addiction – State of periodic or chronic intoxication produced by the
 Hyoscine hydrobromide repeated consumption of a drug found to be detrimental to the person and
 Scoplamine society.
 Narcoanalysis / Narcosynthesis  Habituation – desire to have continuous use of a drug but with the capacity
 Sodium Pentothal/Sodium Amytal to refrain from physically using it.
 SP 117 Evolution of Dangerous Drugs Legislation
 Intoxication with Alcohol  Initially covered by Article 190 -194 Revised Penal Code
 Covered only 2 drugs
o Opium
Observation o Marijuana or Indian hemp
 Observes Physiologic/Psychological signs of Guilt Prohibited Acts
 Sweating  Covered possession, preparation and use
 Color change such as flushing  Maintenance of opium dens
 Dryness of mouth (exhibited by asking for water)  Importation and sale of prohibited drugs
 Excessive activity of the Adam’s Apple (secondary to dryness of  Prescribing opium for a patient
the mouth) o Physician
 Fidgeting o Dentist
o
Scientific Interrogation Evolution of Dangerous Drugs Legislation
 Interrogation – questioning of a person suspected of having committed an  On March 30, 1972, Republic Act 6425 was passed into law and was known
offense as “Dangerous Drugs Act of 1972”
 May be done on a suspect or a witness
 Techniques of Interrogation Dangerous Drugs Act of 1972
 Emotional Appeal to Conscience  Passed as a response of our ratification of 2 conventions:
 Mutt & Jeff or Good Cop/Bad Cop o 1961 Single Convention on Narcotics and the 1972 amendment
 Bluff on Split Pair Technique o 1971 Single Convention on Psychotropic Substances
 2 subjects interrogated separately o Increased the number of drugs covered under the law
 Stern/Harsh Approach o Classified the drugs into prohibited and regulated
 Making of a Narrative o But merely enumerated the said drugs but with similar prohibited
acts as 190 -194
Statement Analysis
 All truthful statements come from memory. Evolution of Dangerous Drugs Legislation
 Thus truthful persons usually uses a past tense when recalling events o In 2002, Republic Act 9165 was passed into law repealing RA 6425 known
from memory as “The Comprehensive Dangerous Drugs Act of 2002”
 The use of the first person “I”
 Rule of thumb: first person singular past tense when they are Significant Changes in RA 9165
recalling a truthful event. o Change in terminology to Dangerous Drugs from prohibited drugs
 o Made it part of State Policy of rehabilitation and reintegration of individuals o Unlawful Prescription
into society
o Makes penalty higher if drugs are sold to minors, PWDs or mentally Drug Testing is Mandatory in:
impaired o Firearms license and PTC
o Makes penalty higher for use of minors in perpetuating the crimes o Secondary and Tertiary Schools Students
o Officer and employees of public and private offices
Prohibited Acts under the Law o Military and Police Personnel
o Importation of Dangerous Drugs or Controlled Precursor / Essential o Charged with offenses with imprisonment of more than 6 years
Chemicals o Candidates for public office
Definition Rehabilitation of Drug Dependents
o Dangerous Drugs – those listed in the 1961 single convention on narcotic o Can be voluntary submission or mandatory
drugs as amended by the 1972 protocol and those under the 1971 Single o 6 months to 1 year of rehabilitation
Convention on Psychotropic Substances o In a DOH certified rehabilitation facility
o Controlled Precursor/Essential Chemicals – chemicals which are needed for o Release from the facility requires a DOH certified doctor to certify.
the manufacture of dangerous drugs
Republic Act no. 10586
Prohibited Acts under the Law o Also known as
o Sale, Trading, Administration, Dispensation, Delivery and Transportation of o “Anti-Drunk and Drugged Driving Act of 2013”
Dangerous Drugs o Classification
o The mere act of acting as a broker in a sale or marijuana or other o Wine – natural alcoholic fermentation with not less than 7% but
dangerous drugs constitute a violation not more than 17% alcohol
- People v. Madarang o Distilled Liquor – distillates of wines, grains or starch
o Acts involving a Den, Dive or Resort o Malt Liquors – brewed from malt or a mixture of malt substitutes
o Maintenance Prohibited Acts
o Keeping Employees Unlawful for any person to drive a motor vehicle while under the influence of
o Visiting a Den, Dive or Resort alcohol, dangerous drugs or similar substances.
o Manufacturing of Dangerous Drugs, Controlled Precursors and Essential
Chemicals
o Illegal Diversion of Controlled Precursors and Essential Chemicals Determination of Intoxication
o Manufacture of Equipment, Instrument, Apparatus and Paraphernalia o Law enforcement personnel conducts FIELD SOBRIETY TEST
o Possession of Equipment, Instrument, Apparatus and Paraphernalia o Horizontal gaze nystagmus
o Possession of Dangerous Drugs o The Walk and Turn
o Possession of Dangerous Drugs During Parties, Social Gatherings/ Meetings o The One Leg Stand
o Possession of Equipment/Paraphernalia during Parties o If probable cause exists:
o Use of Dangerous Drugs o Breathalyzer test is applied. Allowable blood alcohol is 0.05 percent.
o Process: Penalties
o If positive with a confirmatory test, 6 months rehabilitation o If no physical injuries or homicide result, penalty of 3 months
o 2nd offense - imprisonment imprisonment and fine of 20,000 to 80,000 pesos
o Cultivation or Culture of Plants o If with physical injuries, penalty for physical injuries (Art 263) shall be
 Marijuana imposed with fine of 100,000 to 200,000 pesos
 Opium Poppy o If homicide results, penalty for homicide is applied (Art 249) shall be
 Exception: imposed with fine of 300,000 to 500,000 pesos
 Medical research centers Penalties
o Unnecessary Prescription o Non professional drivers license:
 Where the physical/physiologic condition does not require o 1st conviction – 12 months suspension
the use of drugs o 2nd conviction - perpetual revocation
 Determined by the board in consultation with pain o Professional drivers license:
specialist o 1st conviction – perpetual revocation
 o Liability of Vehicle Owner
o Directly and principally held liable together with the driver for:
o Fine
o Civil damages
o Defense:
o Extraordinary diligence in the selection and supervision of his/her drivers
Applicability:
Including Public Utility Vehicles