Professional Documents
Culture Documents
Chapter 6
Chapter 6
(11) Exhaustive
diseases. (12) Extensive injury to the body from mechanical
DEFINE cause.
Cause of Death Asphyxia
The cause of death is the injury, disease or the combination of Asphyxia is a condition in which the supply of oxygen to the
both injury and disease responsible for initiating the trend or blood or to the tissues or to both has been reduced below
physiological disturbance, brief or prolonged, which produce normal working level.
the fatal termination. It may be immediate or proximate.
Causes of Death from Asphyxia: (1) Diseases of the respiratory
Immediate Cause of Death system, as pneumonia, acute bronchitis, bronchitis in infancy,
rupture of the blood vessels in pulmonary tuberculosis with
This applies to cases when trauma or disease kill quickly that
cavitation. (2) Impaction of foreign bodies in the larynx. (3)
there is no opportunity for sequelae or complications to
Compression of the larynx. (4) Pressure on the respiratory
develop. An extensive brain laceration as a result of a vehicular
tract due to tumor, or intracranial hemorrhage. (5)
accident is an example of immediate cause of death.
Strangulation, suffocation, hanging, drowning, inhalation or
Proximate Cause of Death irritant gases. (6) Refraction of the atmosphere. (7) Causes
operating in the nervous system: (a) Paralysis of the
The injury or disease was survived for a sufficiently prolonged respiratory muscles or respiratory center from injury or
interval which permitted the development of serious sequelae disease or action of poison. (b) Fixation of the respiratory
which actually caused the death. If a stab wound in the muscles from over stimulation of the spinal cord as in
abdomen later caused generalized peritonitis, then peritonitis strychnine poisoning. (8) Causes operating from the lung or
is the proximate cause of death. pulmonary circulation: (a) Pleurisy with effusion. (b)
Emphysema. (c) Pulmonary embolism. (d) Pulmonary
Mechanism of Death
thrombosis.
is the physiologic derangement or biochemical disturbance
Dyspnea
incompatible with life which is initiated by the cause of death.
It may be hemorrhagic shock, metabolic disturbance, Dyspnea is the medical word for difficulty breathing. It's a
respiratory depression, toxemic condition, cardiac arrest, common symptom in people who have lung cancer or have
tamponade, etc. cancer that has spread to the lungs. Dyspnea happens when
you have trouble moving air in and out of your lungs. You can
DOA
also have dyspneaif your lungs aren't getting enough oxygen.
The term Dead on Arrival (DOA) must not be construed
Coma
literally. It may mean that the patient was actually dead on
arrival or was dying on arrival. Death occurs on a precise time Coma is the state of unconsciousness with insensibility of the
while dying is a continuing process. If a patient is dead then the pupil and conjunctivae, and inability to swallow, resulting from
procedure of management is resuscitative or to let him return the arrest of the functions of the brain.
to life again, while if the patient is dying, the procedure is to
apply emergency measures to prevent death from ensuing.
Violent deaths are those due to injuries inflicted in the body by Instantaneous Physiologic Death
some forms of outside force. The physical injury must be the
This is sudden death which occurs within seconds or a minute
proximate cause of death.
or two (no more) after a minor trauma or peripheral
The death of the victim is presumed to be natural consequence stimulation of relatively simple and ordinarily innocuous
of the physical injuries inflicted, when the following facts are nature. The peripheral irritation or stimulation initiates the
established: (1) That the victim at the time the physical injuries cardio-vascular inhibitory reflex. The fulminant circulatory
were inflicted was in normal health. (2) That the death may be failure is caused by (vagocardiac) slowing or stoppage of the
expected from physical injuries inflicted. (3) That death ensued heart, reflex dilatation with profound fall in blood pressure or a
within a reasonable time (People v. Datu Baginda, C.A. 44 O.G. combination of both mechanisms.
2287).
A blow to the larynx or solar plexus, a kick in the scrotum,
Syncope pressure on the carotid sinus, etc. can cause such death.
This is death due to sudden and fatal cessation of the action of Sudden Infant Death Syndrome (SIDS or Crib Death)
the heart with circulation included.
This is the unexpected death of infants, usually under six
Causes of Death from Syncope: (1) Coronary disease, as months of age, while in apparently good health. The sudden
embolism or thrombosis. (2) Rupture of the heart through death cannot be predicted and there is no way to prevent or
softened infarct. (3) Myocardial degeneration. (4) Valvular foretell on the basis of present knowledge. Although autopsies
diseases. (5) Rupture of the aortic and other aneurysm. (6) in some of the cases revealed the presence of congenital heart
Systemic embolism occurring in bacterial endocarditis. (7) disease or abnormality, contagious disease, nutritional
Congenital heart diseases of the newborn. (8) Reflex inhibition deficiency and other pathological conditions, no consensus has
of the heart or of the cardiac center, as in shock, emotion or yet been arrived at as to the definite cause of death.
blow over the area of some of the sensory nerve. (9) Arterial
Sudden Unexplained Nocturnal Death (SUND)
hypertension with sclerosis. (10) Deficiency cf blood as in
This is known as "pok-kuri" disease in Japan and "bangungut" the attendance of any of the circumstances enumerated in the
in the Philippines. It is the sudden death of healthy men of next preceding article, shall be deemed guilty of homicide and
young age seen in East Asian countries. Awareness of relatives be punished by reclusion temporal.
and the prompt delivery of resuscitation are the only effective
means of treatment. Pathological Classification of the Causes of Death
Deaths due to Natural Cause a. Death from Syncope: This is death due to sudden and fatal
cessation of the action of the heart with circulation included.
This is death caused by a natural disease condition in the body.
The disease may develop spontaneously or it might have been a b. Death from Asphyxia: Asphyxia is a condition in which the
consequence of physical injury inflicted prior to its supply of oxygen to the blood or to the tissues or to both has
development. been reduced below normal working level.
Penal Classification of Violent Deaths c. Death from Coma: Coma is the state of unconsciousness
with insensibility of the pupil and conjunctivae, and inability to
1. Accidental Death: Death due to misadventure or accident. swallow, resulting from the arrest of the functions of the brain.
In a pure accidental death, the person who causes the death is
exempted from criminal liability. Death under Special Circumstances
Art. 12, No. 4, Revised Penal Code: Exempting Circumstances: (1) Death Caused in a Tumultuous Affray:
The following are exempt from criminal liability:
Art. 251, Revised Penal Code: When while several persons, not
4. Any person who, while performing a lawful act with composing groups organized for the common purpose of
due care, causes an injury by mere accident without assaulting and attacking each other reciprocally, quarrel and
fault or intention of causing it. assault each other in a confused and tumultuous manner, and
in the course of affray someone is killed, and it cannot be
2. Negligent Death: Death due to reckless imprudence, ascertained who actually killed the deceased, but the person or
negligence, lack of skill or lack of foresight. persons who inflicted serious physical injuries can be
identified, such person or persons shall be punished by prision
The Revised Penal Code provides that felonies may be mayor.
committed when the wrongful act results from imprudence,
negligence, lack or foresight or lack of skill. If death occurred (2) Death or Physical Injuries Inflicted under Exceptional
due to the recklessness of someone, he may be charged for Circumstances:
homicide through reckless imprudence
Art. 247, Revised Penal Code: Any legally married person who,
3. Suicidal Death (Destruction of One's Self): The law does having surprised his spouse in the act of committing sexual
not punish the person committing suicide because society has intercourse with another person, shall kill any of them or both
always considered a person who attempts to kill himself as an of them in the act or immediately thereafter, or shall inflict
unfortunate being, a wretched person deserving more of pity upon them any serious physical injury, shall suffer the penalty
than of penalty. But, a person who gives assistance to the of destierro.
commission of suicide of another is punishable because he has
no right to destroy or assist in the destruction of the life of Laws involved in CAUSES OF DEATH
another. (ART. 253, RPC)
Impossible Crime
4. Parricidal Death (Killing of One's Relative)
Article 4(2) of Revised Penal Code (RPC) makes an
Art. 246, Revised Penal Code: Parricide: Any person who shall Impossible Crime a criminal act. An Impossible Crime
kill his father, mother, or child, whether legitimate or is committed by any person performing an act which
illegitimate, or any of his ascendants or descendants, or his would be an offense against persons or property,
spouse, shall be guilty of parricide and be punished by the were it not for the inherent impossibility of its
penalty of reclusion perpetua to death. accomplishment or an account of the employment of
inadequate or ineffectual means. The penalty for this
5. Infanticidal Death (Killing of a child less than three days offense is Arresto Mayor (1 month and 1 day to 6
old) months) or a fine from P200 to P500. (Article 59,
RPC)
Art. 265, Revised Penal Code: The penalty provided for
parricide in article 246 and for murder in article 248 shall be Criminal Liability of Violence that Accelerates
imposed upon any person who shall kill any child less than death
three days of age.
If the violence inflicted on a person suffering from a
6. Murder: natural disease only accelerated the death of the
victim, the offender inflicting such violence is
Any person who, not falling within the provisions of article 246 responsible for the death of the victim. It is
shall kill another, shall be guilty of murder and shall be immaterial as to whether the offender has no
punished by reclusion temporal in its maximum period of intention of killing the victim. The fact that the victim
death, if committed with any of the qualifying circumstances died, the offender must be held responsible to
under Art. 248. whatever be the consequence of his wrongful act.
7. Homicidal Death Criminal liability shall be incurred by any person
committing a felony although the wrongful act done
Art. 249, Revised Penal Code: Any person who, not falling
be different from which he intended (Art. 4, No. 1,
within the provisions of article 246 shall kill another without
Revised Penal Code).
Refusal of Medical Attention article, shall be deemed guilty of homicide and be
punished by reclusion temporal.
Refusal of the victim to submit to a surgical operation
do not relieve the accused from the natural and Requisites of Crime causing Violent Deaths
ordinary result of the felonious act and does not
relieve him of his criminal liability (U.S. v. Marasigan, Generally:
27 Phil. 504). 1. Infliction of injury to the body
2. The physical injury must be the proximate
Penal Classification of Violent Death cause of the death
Suicide is destruction of one’s self. Art. 12, No. 4, Revised Penal Code: Exempting Circumstances:
The following are exempt from criminal liability:
The difference between Homicide and Murder is primarily the
presence or absence of qualifying circumstance under Art. 248. 4. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without
In suicide, the one committing said act is not penalized. Society fault or intention of causing it.
has always considered a person who attempts to kill himself as
an unfortunate being, a wretched person deserving more of 2. Negligent Death: Death due to reckless imprudence,
pity than of penalty. While in Homicide and Murder, the killer is negligence, lack of skill or lack of foresight.
penalized.
The Revised Penal Code provides that felonies may be
EXPLAIN | DISCUSS committed when the wrongful act results from imprudence,
negligence, lack or foresight or lack of skill. If death occurred
Primary purpose of a Medico-legal autopsy due to the recklessness of someone, he may be charged for
homicide through reckless imprudence
3. Suicidal Death (Destruction of One's Self): The law does (3) That death ensued within a reasonable time (People v. Datu
not punish the person committing suicide because society has Baginda, C.A. 44 O.G. 2287).
always considered a person who attempts to kill himself as an
unfortunate being, a wretched person deserving more of pity Classification of Trauma or Injuries
than of penalty. But, a person who gives assistance to the
(1) Physical injury — Trauma sustained thru the use of
commission of suicide of another is punishable because he has
physical force.
no right to destroy or assist in the destruction of the life of
another. (ART. 253, RPC) (2) Thermal injury — Injury caused by heat or cold.
4. Parricidal Death (Killing of One's Relative) (3) Electrical injury — Injury due to electrical energy.
Art. 246, Revised Penal Code: Parricide: Any person who shall Penal Classification of Violent Deaths and the requisites of
kill his father, mother, or child, whether legitimate or the crime involved
illegitimate, or any of his ascendants or descendants, or his
spouse, shall be guilty of parricide and be punished by the Supplied already
penalty of reclusion perpetua to death.
Pathological Classification of the Causes of Death
5. Infanticidal Death (Killing of a child less than three days
a. Death from Syncope - This is death due to sudden and fatal
old)
cessation of the action of the heart with circulation included.
Art. 265, Revised Penal Code: The penalty provided for
b. Death from Asphyxia - Asphyxia is a condition in which the
parricide in article 246 and for murder in article 248 shall be
supply of oxygen to the blood or to the tissues or to both has
imposed upon any person who shall kill any child less than
been reduced below normal working level.
three days of age.
c. Death from Coma - Coma is the state of unconsciousness with
6. Murder:
insensibility of the pupil and conjunctivae, and inability to
Any person who, not falling within the provisions of article 246 swallow, resulting from the arrest of the functions of the brain.
shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period of
death, if committed with any of the qualifying circumstances
under Art. 248.
7. Homicidal Death
Art. 249, Revised Penal Code: Any person who, not falling
within the provisions of article 246 shall kill another without
the attendance of any of the circumstances enumerated in the
next preceding article, shall be deemed guilty of homicide and
be punished by reclusion temporal.
ENUMERATE
a. Natural Death.
b. Violent Death:
(1) Accidental death.
(2) Negligent death.
(3) Infanticidal death.
(4) Parricidal death.
(5) Murder.
(6) Homicidal death
(unsure about this, the book uses the terms “trauma” and
“injury” parang the same )
(1) That the victim at the time the physical injuries were
inflicted was in normal health.