- It is a practical science which investigates the nature, origin, development and functions of law.

CHAPTER 1 It is a science of giving a wise interpretation of the law and making just application of them to all
cases as they arise.
GENERAL CONSIDERATION - Judicial decisions applying or interpreting the laws shall form a part of the Philippine
jurisprudence. The decisions contemplated are those rendered by the Supreme Court which is the
final arbiter on legal issues. However, the decisions of the Court of Appeals may serve as precedent
for inferior courts on points of facts
DEFINE 9. Civil Law (page 4)
- Civil law is a mass of precepts that determines and regulates the relation of assistance, authority,
1. Legal Medicine (page 1)
and obedience between members of a family and those which exist among members of a society for
- branch of medicine which deals with the application of medical knowledge to the purposes of
the protection of private interest
law and in the administration of justice. It is the application of basic and clinical, medical and
10. Criminal Law (page 4)
paramedical sciences to elucidate legal matters.
- Criminal law is that branch or division of law which defines crimes, treats of their nature and
2. Forensic Medicine
provides for their punishment.
- the branch of medicine dealing with the application of medical knowledge to establish facts in
- It is a body of specific rules regarding human conduct which have been promulgated by political
civil or criminal legal cases, such as an investigation into the cause and time of a suspicious death.
authority, which apply uniformly to all members of the classes to which the rules refer, and which
Also known as forensic pathology.
are enforced by punishment administered by the state
- strictly speaking, legal medicine is primarily the application of medicine to legal eases while
11. Remedial Law (page 4)
forensic medicine concerns with the application of medical science to elucidate legal problems.
- Remedial law is that branch or division of law which deals with the rules concerning pleadings,
(page 1)
practices and procedures in all courts of the Philippines.
3. Medical Jurisprudence
- It is the law which gives a party a remedy for a wrong. It is intended to afford a private remedy
- medical jurisprudence (juris-law, prudentia-knowledge) denotes knowledge of law in relation to
to a person injured by the wrongful act. It is a designed law, which redresses an existing grievance or
the practice of medicine. It concerns with the study of the rights, duties and obligations of a medical
introduces regulation conducive to public good
practitioner with particular reference to those arising from doctor-patient relationship. (Chap 1)
12. Special Law
4. Law (page 3)
- Dangerous Drug Act (R.A. 6425, as amended)
- a rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.
- Youth and Child Welfare Code (P.D. 603)
It is a science of moral laws founded on the rational nature of man which regulates free activity for
- Insurance Law (Act No. 2427 as amended)
the realization of his individual and social ends under the aspect of mutual demandable
- Code of Sanitation (P.D. 856)
independence
13. Evidence (page 11)
5. Forensics (page 3)
- is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth
- It denotes anything belonging to the court of law or used in court or legal proceedings or
respecting a matter of fact (Sec. 1, Rule 128, Rules of Court).
something fitted for legal or public argumentations.
- It is the species of proof, or probative matter, legally presented at the trial of an issue by the act
6. Medicine (page 3)
of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for
- Medicine is a science and art dealing with prevention, cure and alleviation of disease. It is that
the purpose of inducing belief in the minds of the court as to their contention
part of science and art of restoring and preserving health.
14. Medical Witness
- The term medicine is also applied to a science and art of diagnosing, treating, curing and
- Medical expert witnesses are physicians, nurses, surgeons or other licensed practitioners whose
preventing disease, relieving pain, and improving the health of a person,
skills and experience qualify them to testify on a particular medical area. In personal injury and
7. Legal (page 3)
medical malpractice lawsuits, attorneys often utilize medical expert witnesses during both the
- Legal is that which pertains to law, arising out of, by virtue of or included in law. It also refers to
discovery and trial stages.
anything conformable to the letters or rules of law as it is administered by the court.
8. Jurisprudence (page 4)
 - A medical witness can only testify on matters derived by his own perception. Hearsay
information are as a rule not admissible in court. Hearsay evidences are those not proceeding from
the personal knowledge of the witness but from mere repetition of what he has heard others say. It is
a, "second hand" evidence which rest mainly on the veffdty and competence of its source.(page 14)
- A medical witness may be allowed by the court to confirm his allegation or as a corroborated
proof to an opinion he previously stated (page 15)
15. Ordinary Witness
- An ordinary witness is someone who personally saw or heard something about the crime.
- Can a physician be presented in court as ordinary witness? (page 13)
16. Expert Witness
- An expert witness is someone who has special expertise about an element of the crime.
- Can a physician be presented in court as expert witness? (page 14)
KNOW
1. The scope of Legal Medicine (page 1)
· The scope of legal medicine is quite broad and encompassing. It is the application of medical and
paramedical sciences as demanded by law and administration of justice. The knowledge of the nature and extent of
wounds has been acquired in surgery, abortion in gynecology, sudden death and effects of trauma in pathology, etc.
aside from having knowledge of the basic medical sciences, like anatomy, physiology, biochemistry, physics and
other allied sciences.
Legal Medicine: primarily the application of medicine to legal eases
Forensic Medicine: medicine concerns with the application of medical
science to elucidate legal problems
Medical Jurisprudence: knowledge of law in relation to the practice of
medicine
* ordinary physician | medical jurist (p.2)
1. An ordinary physician sees an injury or disease on the point of view of treatment, while a
medico-jurist sees injury or disease on the point of view of cause.
2. The purpose of an ordinary physician examining a patient is to arrive at a definite diagnosis so
that appropriate treatment can be instituted, while the purpose of the medical jurist in examining
a patient is to include those bodily lesions in his report and testify before the court or before an
investigative body; thus giving justice to whom it is due.
3. Minor or trivial injuries are usually ignored by an ordinary clinician inasmuch as they do not
require usual treatment. Superficial abrasions, small contusion and other minor injuries will heal
without medication. However, a medical jurist must record all bodily injuries even if they are small
or minor because these injuries may be proofs to qualify the crime or to justify the act.
* direct evidence | circumstantial evidence (p.19)
Direct Evidence: That which proves the fact in dispute without the aid of any
inference or presumption. The evidence presented corresponds to the
precise or actual point at issue.

2. The nature of the study of LM (page 1) Circumstantial Evidence: The proof of fact or facts from which, taken either
· A knowledge of legal medicine means the ability to acquire facts, the power to arrange those facts in their singly or collectively, the existence of a particular
logical order, and to draw a conclusion from the facts which may be useful in the administration of justice. fact in dispute may be inferred as a necessary or
· Aside from being a perceptor of fact, he must possess the power to impart to others verbally or in writing all probable consequence.
those he has observed.
* ordinary witness | expert witness (p.13)
· A physician who specializes or is involved primarily with medicolegal duties is known as medical jurist,
Ordinary witness: A physician who testifies in court on matters perceived
(meoical examiner, medicolegal officer, medico-legal expert). Inasmuch as administration of justice is primarily a from his patient in the course of physician-patient
function of the state, physicians whose duties are mainly medico-legal in nature are mostly in the service of the relationship.
government. (Sec. 20, Rule 130, Rules of Court)
· Health officers, medical officers of Jaw enforcement agencies and members of the medical staff of accredited
hospital are authorized by law to perform autopsies (Sec. 95, P.D. 856, Code of Sanitation). However, "it is the duty Exception: Privilege of Communication between physician and patient.
of every physician, when called upon by the judicial authorities, to assist in the administration of justice on matters
which are medico-legal in character" (Sec. 24 c, Rule 130)

3. History of Legal Medicine in the world & Philippines (Page 7 – please see pdf book para di humalaba dinhi. Expert witness: A physician on account of his training and experience can
give his opinion on a set of medical facts. He can deduce
Tnx)
or infer something, determine the cause of death, or render
opinion pertinent to the issue and medical nature.
DIFFERENTIATE (p.1)
(Sec. 48-49, Rule 130)
* legal medicine | forensic medicine | medical jurisprudence
 ● As a rule, these are not admissible in court
The probative value of the expert medical testimony depends upon the ● Hearsay evidences are those not proceeding from the personal knowledge of the witness but from mere
degree of learning and experience on the line of what the medical expert is repetition of what he has heard others say. It is a, "second hand" evidence which rest mainly on the
testifying, the basis and logic of his conclusion, and other evidences tending veracity and competence of its source
to show the veracity or falsity of his testimony.
Privileged Communication (p.14)
● Sec 21(c), ROC - Privileged Communication
EXPLAIN ● A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent
Forms of Law (p.3) of the patient, be examined as to any information which he may have acquired in attending such patient in
(a) Written or Statutory Law (Lex Scripta) a professional capacity, which information was necessary to enable him to act in that capacity, and which
- composed of laws which are produced by the country's legislations and which are defined, would blacken the character of the patient
codified and incorporated by the law-making body
- e.g. Laws of the PH Dying Declaration (p.14)
(b) Unwritten or Common Law (Lex non Scripta) ● One of the exceptions to the non-admissibility of hearsay evidence
- composed of the unwritten laws based on immemorial customs and usages. It is sometimes ● The declaration of a dying person under the consciousness of his impending death as regards
referred to as case law, common law, jurisprudence or customary law circumstance regarding his impending death is admissible in spite of the fact that it is a hearsay, it is made
- e.g. Laws of England so because of necessity and it is trustworthy.
● Sec 31, Rule 130, ROC - Dying Declaration
Principle of Stare Decisis (p.4)
● A principle that, when the court has once laid down a principle of law or interpretation as applied to a How evidence are preserved (p.17)
certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the (1) Photographs, audio and/or video tape, micro-film, photostat, xerox, voice tracing, etc.
same (2) Sketching
- If no scientific apparatus to preserve evidence is available then a rough drawing of the scene or
Application of LM to civil law (p.4) object to be preserve is done.
● In civil law, knowledge of legal medicine may be useful on the following: - It must be simple, identifying significant items and with exact measurement
a. The determination and termination of civil personality (Art. 40 and 41), (3) Description
b. The limitation or restriction of a natural person's capacity to act (Art. 23 and 39); - Putting into words the person or thing to be preserved
c. The marriage and legal separation (Book I, Title III & IV); (4) Manikin Method
d. The paternity and filiation ^Book I, Title VIII); and - An anatomical model or statuette may be used and injuries are indicated with their appropriate
e. The testamentary capacity of a person making a will (Book III, Title IV). legends.
(5) Preservation in the Mind of the Witness
Application of LM to crim law (p.5) - A person who perceived something relevant for proper adjudication of a case may be a witness in
● Legal medicine is applicable in the following provisions of the penal code: court if he has the power to transmit to others what he perceived.
a. Circumstances affecting criminal liability (Title I); - He would just have to make a recital of his collection.
b. Crimes against person (Title VIII), and (6) Special Methods
c. Crimes against chastity (Title XI) a. Whole human body — embalming.
b. Soft tissues (skin, muscles, visceral organs) — 10% formalin
Application of LM to rem law solution.
● Legal Medicine may be applied in the following provisions of the Rules of Court: c. Blood — refrigeration, sealed bottle container, addition of
a. Physical and mental examination of a person (Rule 28); chemical preservatives.
b. Proceedings for hospitalization of an insane person (Rule 101); and d. Stains (blood, semen) — drying, placing in sealed container.
c. Rules on evidences (Part IV) e. Poison — sealed container.

Hearsay information (p.14) Preponderance of Evidence (p.20)

● Sec 1, Rule 133, ROC Administrative or executive acts, orders and regulations shall be valid only when they are
● The following factors must be considered which party's evidence preponderate: not contrary to the laws or the constitution (Art. 7, Civil Code)
(a) All the facts and circumstances of the case.
(b) The witnesses' manner of testifying, their intelligence, their means and opportunities of knowing the Persons Authorized to Perform Autopsies (p.11)
facts to which they are testifying. (1) Health officers
(c) The nature of the facts to which the witnesses testify. (2) Medical officers of law enforcement agencies
(d) The probability and improbability of the witnesses' testimony. (3) Members of the medical staff of accredited hospitals
(e) The interest or want of interest of the witnesses.
(f) Credibility of the witness so far as the same may legitimately appear upon the trial. When autopsies shall be performed (p.11)
(g) The number of witnesses presented, although preponderance is not necessarily with the greatest (1) Whenever required by special laws;
number (2) Upon order of a competent court, a mayor and a provincial or city fiscal;
(3) Upon written request of police authorities,
Proof Beyond Reasonable Doubt (p.20) (4) Whenever the Solicitor General, provincial or city fiscal deem it necessary to disinter and take
● Sec 2, Rule 133, ROC possession of the remains for examination to determine the cause of death;
● Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, (5) Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause
produces absolute certainty. Moral certainty only is required, or that degree of proof which produces of death.
conviction in an unprejudiced mind
● It is presumed that a person is innocent of a crime until the contrary is proven beyond reasonable doubt. Types of Medical Evidence (p. 12)
The doubt, the benefit of which an accused is entitled in a criminal case, is a reasonable doubt, and not a (1) Autoptic or Real Evidence
whimsical or fanciful doubt, based on imagined and wholly improbable possibilities and unsupported by (2) Testimonial Evidence
evidence (3) Experimental Evidence
(4) Documentary Evidence
(5) Physical Evidence
ENUMERATE
Branches of law (p.4) Kinds of Evidence Necessary for Conviction (p. 19)
(1) Civil Law (1) Direct Evidence
(2) Criminal Law (2) Circumstantial Evidence
(3) Remedial Law
(4) Special Law

Basic Principles of Law (p.6)

(1) Ignorance of the law excuses no one from compliance therewith or "ignorantia legis nominem
excusat" (Art 3, Civil Code)
(2) Laws shall have no retroactive effect, unless the contrary is provided (Art. 4, Civil Code)
(3) Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or
good customs, or prejudicial to a third person with a right recognized by law (Art. 6, Civil Code)
(4) Customs which are contrary to law, public order or public policy shall not be countenanced (Art. 11,
Civil Code). A custom must be proved as a fact according to the rules of evidence (Sec. 12, Civil
Code)
(5) Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, custom or practice to the contrary.
When the court declares a law to be inconsistent with the constitution, the former shall be
void and the latter shall govern.

CHAPTER 2
­DEFINE
1. deception detection - Modern scientific methods have been devised utilizing knowledge of physiology,
psychology, pharmacology, toxicology, etc. in determining whether a subject is telling the truth or not.
2. Truth - The actual state of things.
3. Hypnosis - Hypnosis is the alteration of consciousness and concentration in which the subject manifests a
heightened of suggestibility while awareness is maintained.
4. Observation (p31) - One of the classifications of the Methods of deception detection which are currently being
used or applied by law enforcement agencies.
· Concept: A subject under stress on account of the stimulation of the sympathetic nervous system may exhibit
changes which may be used as a potential clue of deception. And since just one or a combination of the following
signs and symptoms is not conclusive or a reliable proof of guilt of the subject, their presence infers further
investigation to ascertain the truth of the impression.
5. Interrogation - Interrogation is the questioning of a person suspected of having committed an offense or of
persons who are reluctant to make a full disclosure of information in his possession which is pertinent to the
investigation. It may be done on a suspect or a witness.
6. Confession (P36) - Conviction; Confession is an expressed acknowledgment by the accused in a criminal case of
the truth of his guilt as to the crime charged, or of some essentials thereof. Confession is a statement of guilt
7. Admission - a statement of fact by the accused which does not directly involve an acknowledgement of guilt of
the accused.
8. corpus delicti - Corpus delicti means the body of the crime or fact of specific loss or injury sustained. It may not
necessarily be the body of the crime but may consist of facts and circumstances tending to corroborate the
confession.
KNOW
1. lie detector or polygraph (p22)
• It is not appropriate to call a lie detector a polygraph. A lie detector records physiological changes that occur
in association with lying in a polygraph. The instrument (lie detector) is like an electrocardiogram or
electroencephalogram with recording stylets making tracings on moving paper at the rate of 6 inches per minute
2. word association test
• A list of stimulus and non-stimulus words are read to the subject who is instructed to answer as quickly as
possible. The answers to the questions may be a "yes" or a "no". Unlike the lie detector, the time interval between
the words uttered by the examiner and the answer of the subject is recorded.
• The test is not concerned, with the answer, be it a "yes" or "no". The important factor) is the time of
response in relation to stimulus or non-stimulus words.
3. psychological s tress evaluator (P28)
• The psychological stress evaluator (PSE) detects, measures, and graphically displays the voice modulations
that we cannot hear. When a person is relaxed and responding honestly to the questions, those inaudible frequencies
are registered clearly on the instrument. But when a person is under stress, as when he is lying, these frequencies
tend to disappear.
4. truth serum administration (P29)
• The term "truth serum" is a misnomer. The procedure does not make someone tell the truth and the thing
administered is not a serum but is actually a drug. In the test, hyoscine hydrobromide is given hypodermically in
repeated doses until a state of delirium is induced. When the proper point is reached, the questioning begins and the
subject feels a compulsion to answer the questions truthfully. He forgets his alibi which he may have built up to
cover his guilt. He may give details of his acts or may even implicate others. The drug acts as depressant on the
nervous system. Clinical evidence indicates that various segments of the brain particularly the cortex and
diencephalon are selectively depressed in the reversed order of their evolutionary development.
5. narcoanalysis or narcosynthesis
• This method of deception detection is practically the same as that of administration of truth serum. The only
difference is the drug used. Psychiatric sodium amytal or sodium pentothal is administered to the subject. When the
effects appear, questioning starts. It is claimed that the drug causes depression of the inhibitory mechanism of the
brain and the subject talks freely. The administration of the drug and subsequent interrogation must be done by a
psychiatrist with a long experience on the line. Like the administration of truth serum, the result of the test is ¬not
admissible in court.
6. alcohol intoxication (P30)
• The person whose statement is to be taken is allowed to take alcoholic beverages to almost intoxication. At
this point the power to control diminishes and the investigator starts pounding questions and recording answers.
The questioning must start during the excitatory state when the subject has the sensation of his well-being and when
his action, speech and emotions are less strained due to the lowering of the inhibition normally exercised by the
higher brain centers.
7. scientific interrogation (P32)
• Interrogation is the questioning of a person suspected of having committed an offense or of persons who are
reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. It may be
done on a suspect or a witness.
8. emotional appeal (P35)
• A technique in interrogation where the interrogator must create a mood that is conducive to confession. He
may be sympathetic and friendly to the subject. The subject may be willing to disclose more information if he is
treated in a kind spirit
9. mutt & jeff technique
• In this technique there must be at least two investigators with opposite character; one (Mutt) who is arrogant
and relentless who knows the subject to be guilty and will not waste time in the interrogation, and the other (Jeff)
who is friendly, sympathetic and kind. When Mutt is not present Jeff will advise the subject to make a quick
decision and plea for cooperation.
10. bluff on split-pair technique
• A technique in interrogation. This is applicable where there are two or more persons who allegedly
participated in the commission of a crime. All of them are interrogated separately and the results of their individual
statements are not known to one another. While one of them is under interrogation, the interrogator may
11. stern approach
• An interrogation technique. The questions must be answered clearly, and the interrogator utilizes harsh
language. Immediate response from the subject is demanded.
12. narration (lengthy and time consuming)
• An interrogation technique. There may be a moment when the subject becomes confused and desists from
making further statements for fear of contradicting his previous statement.
DIFFERENTIATE
1. extra judicial confession (P36)
• This is a confession made outside of the court prior to the trial of the case.
judicial confession (P40)
• This is the confession of an accused in court. 2. voluntary ej confession (P37)
• The confession is voluntary when the accused speaks on free will and accord, without inducement of any
kind, and with a full and complete knowledge of the nature and consequence of the confession, and when the
speaking is so free from influences affecting the will of the accused, at the time the confession was made that it
renders it admissible in evidence against him.
involuntary ej confession
• Confessions obtained through force, threat, intimidation, duress or anything influencing the voluntary act of
the confessor. Confessions obtained from the defendant by means of force and violence is null and void, and cannot
be used against him at the trial.
EXPLAIN
1. psycho-physiological response process
· The nervous control of the human body includes the central nervous system (the brain and the spinal cord) and
the autonomic or regulating nervous system (sympathetic and parasympathetic). The central nervous system
primarily controls the motor and sensory functions that occur at or above the threshold. It may be voluntary. The
autonomic nervous system acts as a self-regulating autonomic response of the body.
2. Why: reasons polygraph examination inadmissibility in court
a. The polygraph techniques are still in the experimental stage and have not received the degree of
standardization of acceptance among scientists.
b. The trier of fact is apt to give almost conclusive weight to the polygraph expert's opinion.
c. There is no way to assure that a qualified examiner administered the test. The polygraph is capable of a
high degree of accuracy only when conducted under controlled conditions by an examiner who is highly
qualified due to his ability, experience, education and integrity.
d. Since the polygraph involves a certain unconscious quality of the examinee, he may unwittingly waive his
or her right against self-incrimination. It becomes necessary to determine the scope of the defendant's
waiver if he voluntarily submits to the test. (Am. J. of Trial Advocacy, Vol. 4, p.593).
e. The test itself cannot be relied upon because it has many errors
3. why hypnosis is not admissible in court
· It lacks the general scientific acceptance of the reliability of hypnosis per se in ascertaining the truth from
falsity;
· The fear that the trier of fact will give uncritical and absolute reliability to a scientific device without
consideration of its flaw in ascertaining veracity.
· The possibility that the hypnotized subject will deliberately fabricate; handling of a prisoner or detention of a prisoner under his charge, by the imposition of punishments not authorized
by the regulations, or by inflicting such punishments in a cruel and humiliating manner. If the purpose of the
· The prospect that the state of heightened suggestibility in which the hypnotized subject is suspended will maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be
produce distortion of the fact rather than the truth; and punished by prision correccional in its minimum period, temporary special disqualification, and a fine not
exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.
· The state of the mind, skill and professionalism of the examiner are too subjective to permit admissibility of the
expert testimony 9. the tokyo declaration (p38)
4. requirement for admissibility of interrogation in court · The Tokyo Declaration which was endorsed by the World Medical Association in 1975 contains guidelines to
be observed by physicians concerning torture and other cruel, inhuman, and degrading treatment or punishment in
· Sec. 20 Art. IV, Bill of Rights, Philippine Constitution: No person shall be compelled to be a witness against
relation to detention and imprisonment.
himself. Any person under investigation for the commission of an offense shall have the right to remain silent and
to counsel, and be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates ENUMERATE
the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in * methods of deception detection
evidence. 1. Devices which record the psycho-physiological response
a. use of a polygraph or a lie detector machine
5. extra judicial confession b. use of the word association test
c. use of the psychological stress evaluator
· This is a confession made outside of the court prior to the trial of the case. Sec. 3, Rule 133, Rules of Court — 2. Use of drugs that try to "inhibit the inhibitor"
Extra-judicial confession, not sufficient ground for conviction: An extra-judicial confession made by an accused, a. administration of truth serum
shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. b. narcoanalysis or narcosynthesis
c. intoxication
· Qbrpus delicti means the body of the crime or fact of specific loss or injury sustained. It may not necessarily be 3. Hypnotism
4. By Observation
the body of the crime but may consist of facts and circumstances tending to corroborate the confession.
5. Scientific Interrogation
6. Confession

* factors that may cause error during polygraph test

6. judicial confession
· This is the confession of an accused in court. It is conclusive upon the court and may be considered to be a
mitigating circumstance to criminal liability. A plea of guilty when formally entered on arraignment is sufficient to
sustain a conviction of any offense, even a capital one, without further proof.
7. judicial admission
· Sec. 2, Rule 129, Rule of Court — Judicial admissions: Admissions made by the parties in the pleadings, or in
the course of the trial or other proceedings do not require proof and cannot be contradicted unless previously shown
to have been made through palpable mistake.
8. maltreatment of prisoner is a crime (P38)
· Art. 235, Revised Penal Code — Maltreatment of prisoners: The penalty of arresto mayor in its medium period
to prision correccional in its minimum period, in addition to his liability for the physical injuries or damaged
caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or
The factors that are responsible for the 26% errors of the lie
detector are as follows:
1. Nervousness or extreme emotional tension experienced by a subject who is telling the truth regarding
the offense in question but who is nevertheless affected by:
a. Apprehension induced by the mere fact that suspicion or accusation has been directed against
him;
b. Apprehension over the possibility of an inaccurate liedetector test result;
c. Over-anxiety to cooperate in order to assure an accurate test result;
d. Apprehension concerning possible physical hurt from the instrument;
e. Anger resentment over having to take a lie-detector test;
f. Over-anxiety regarding serious personal problems unrelated to the offense under investigation;
g. Previous extensive interrogation, especially when accompanied by physical abuse; and
h. A guilt-complex or fear of detection regarding some other offense which he had committed.
2. Physiological abnormalities such as:
a. Excessively high or excessively low blood pressure;
 b. Diseases of the heart; and
c. Respiratory disorder.
3. Mental abnormalities such as:
a. Feeblemindedness, as in idiots, imbeciles and morons;
b. Psychosis or insanities, as in manic-depressives, paranoids, schizophrenics, paretics, etc.
c. Psychoneurosis and psychopathia, as among the so-called "peculiar" or "emotionally stable"
persons — Those who are neither psychotic or normal, and those from the borderline between
these two groups.
4. Unresponsiveness in a living or guilty subject, because of:
a. No fear of detection;
b. Apparent inability to consciously control response by means of certain mental sets of attitudes;
c. A condition of "sub-shock" or "adrenal exhaustion" at the time of the test;
d. Rationalization of the crime in advance of the test to such an extent that lying about the offense
arouses little or no emotional disturbance.
e. Extensive interrogation prior to the test.
5. Attempt to "beat the machine" by controlled breathing or by muscular flexing.
6. Unobserved application of muscular pressure which produces ambiguities and misleading indications
in the blood pressure tracing (Lie Detection and'Criminal Interrogation by Fred Imbau and John Reid, The
Williams & Wilkins Co., p. 65).
* signs and symptoms of guilt
Physiological and Psychological Signs and Symptoms of Guilt:
1. Sweating — Sweating accompanied with a flushed face indicate anger, embarrassment or extreme
nervousness. Sweating with a pallid face may indicate shock or fear. Sweating hands indicate tension.
2. Color change — If the face is flushed, it may indicate anger, embarrassment or shame. A pale face is
a more common sign of guilt.
3. Dryness of the mouth — Nervous tension causes reflex inhibition of salivary secretion and
consequently dryness of the mouth. This causes continuous swallowing and licking of the lips.
4. Excessive activity of the Adam's apple — On account of the dryness of the throat aside from the
mouth, the subject will swallow saliva from the mouth and this causes the frequent upward and
downward movement of the Adam's apple. This is observed in many guilty subjects.
5. Fidgeting — Subject is constantly moving about in the chair, pulling his ears, rubbing his face, picking
and tweaking the nose, crossing or uncrossing the legs, rubbing the hair, eyes, eyebrows, biting or
snapping of fingernails, etc. These are indicative of nervous tension.
6. "Peculiar feeling inside" — There is a sensation of lightness of the head and the subject is confused.
This is the result of his troubled conscience.
7. Swearing to the truthfulness of his assertion — Usually a guilty subject frequently utters such
expression. "I swear to God I am telling the truth" or "I hope my mother drops dead if I am lying", "I swear
to God". . . etc. Such expressions are made to make forceful and convincing his assertion of innocence.
8. "Spotless past record" — "Religious man" — The subject may assert that it is not possible for him to
do "anything like that" inasmuch as he is a religious man and that he has a spotless record.
9. Inability to look at the investigator "straight in the eye" — The subject does not like to look at the
investigator for fear that his guilt may be seen in his eyes. He will rather look at the floor or ceiling.
10. "Aror that I remember" expression — The subject will resort to the use of "not that I remember"
expression when answering to be evasive or to avoid committing something prejudicial to him.
* different types of criminal offenders
For Purposes of Investigation the Following are the Different Types
of Criminal Offenders:
1. Based on behavioral attitude:
a. Active aggressive offenders — They are persons who commit crime in an impulsive manner
usually on account of their aggressive behavior. Such attitude is clearly shown in crimes of
passion, revenge or resentments,
b. Passive inadequate offenders — Persons who commit crimes because of inducement, promise
or reward. They are gullible and easily persuaded to perform acts in violation of the penal laws.
2. Based on the state of mind:
a. Rational offenders — Those who commit crime with motive or intention and with full possession
of their mental faculties.
Example: Killing with evident premeditation.
b. Irrational offenders — They commit crime without knowing the nature and quality of his act.
Example: Mad killer.
3. Based on proficiency:
a. Ordinary offenders — These are the lowest form of criminal career. They are only engaged in
crimes which require limited skill. They lack the capacity to avoid arrest and conviction.
a. Professional offenders — They are highly skilled and able to perform criminal acts with the least
chance of being detected. They commit crimes which require special skill rather than violence.
Example: Pick-pocketing, shop-lifting.
4. Psychological classification:
a. Emotional offenders— These are persons who commit crimes in the heat of passion, anger, or
revenge, and also who commit offenses of accidental nature. Emotional offenders usually have
feeling of remorse, mental anguish or compunction as a result of their acts. They have the sense
of moral guilt. Their conscience "bother" them and they have difficulty resting or sleeping because
of their feeling of guilt. The most effective interrogation approach to use for them is based upon
sympathetic consideration regarding their offense and present difficulty.
b. Non-emotional offenders — These are persons who commit crimes for financial gain and are
usually recidivist or repeaters. Sympathetic approach is not effective. The interrogator should
make a factual analysis of the suspect's predicament and appeal to his common sense and
reasoning rather than to his emotion.
* inferences that a person is not telling the truth during interrogation
Basis of the Investigator's Inference that the Subject is Not Telling the Truth:
1. The subject's statement have many improbabilities and gaps on its substantial parts.
2. The subject's statements are inconsistent with the material facts.
3. The subject's statements are incoherent, conflicting with one another.

* kinds of confession

1. Extra-judicial confession may be:

a. Voluntary extra-judicial confession
b. Involuntary extra-judicial confession
2. Judicial Confession

* element of the crime in maltreatment of prisoners

Elements of the crime:

1. The offender is a public officer or employee;
2. The offender has under his charge a (convicted) prisoner or a detention prisoner;
3. The offender maltreats the prisoner in any of the following way:
a. By overdoing in the correction or handling of prisoner, either by (1) imposition of punishment not
authorized by the regulation, or (2) by inflicting such punishment in a cruel and humiliating
manner; or
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.

CHAPTER 3
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
DEFINE
1. Identification- is the determination of the individuality of a person or thing. (page 41)
2. Gait Pattern- is the series of foot marks by a person walking or running. Examination of the gait includes the
direction line, gait line, foot angle, principal angle and the length and breadth of the steps. (page 44)
3. Mannerism- Stereotype movement or habit peculiar to an individual. It may be: (1) Way of sitting. (2)
Movement of the hand. (3) Movement of the body. (4) Movement of the facial muscles. (5) Expression of the
mouth while articulating. (6) Manner of leaning. (page 45)
4. Portrait Parle- (spoken picture) is a verbal, accurate and picturesque description of a person identified. Such
information may be given by the witness, relatives, or other persons who are acquainted with the physical features
of the person to be identified. (page 53)
5. Dactylography- is the art and study of recording fingerprints as a means of identification. (page 56)
6. Dactyloscopy- is the art of identification by comparison of fingerprints. It is the study and utilization of
fingerprints. (page 56)
7. Poroscopy- is the study of the pores found on the pappillary or friction ridges of the skin for purposes of
identification. (page 56)
8. Bibliotics- the science of handwriting analysis. It is the study of documents and writing materials to determine
its genuineness or authorship. One who had acquired special knowledge of the science of handwriting for purposes
of identification is known as Bibliotist or more commonly known as handwriting expert or qualified question
document examiner. (page 66)
9. Graphology- is the study of handwriting for the purpose of determining the writer's personality, character and
aptitude. It is a pseudo-science and merely explains the characteristics of the handwriting reflecting the character,
weakness, personal idiosyncracies, mannerisms and ambition of the writer. It must not be confused with
bibliotics.(page 66)
10. Questioned document- refers to any signature, handwriting, typewriting, or other mark whose source or
authenticity is in dispute or doubtful.
11. Disguised writing- is the deliberate attempt on the part of the writer to alter his writing habit by endeavoring to
invent a new writing style or by imitating the writing of another person. (page 72)
12. Rape- Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1.
By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When
the woman is under/twelve years of age even though neither of the circumstance mentioned in the two preceding
paragraphs shall be present (Art. 335, Revised Penal Code). (page 91)
13. Infanticide- The penalty provided for parricide in article 246 and for murder in article 248 shall be imposed
upon any person who shall kill any child less than three days of age (Art. 255, Revised Penal Code). (page 91)
14. Seduction- a.) Qualified seduction — The seduction of a virgin over twelve years and under eighteen years of
age, committed by any person in public authority, priests, house-servant, domestic, guardian, teacher, or any person
who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by
prision correccional in its minimum and medium periods (Art. 337, Revised Penal Code). (page 91)
b.) Simple seduction — The seduction of a woman who is single or a widow of good reputation, over twelve but
under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor (Art. 338, Revised
Penal Code.
KNOW
1. Rules in Personal Identification (page 41)
a. The greater the number of points of similarities and dissimilarities of two persons compared, the
greater is the probability for the conclusion to be correct. This is known as the The Law on Multiplicity
of Evidence in Identification.
b. The value of the different points of identification varies in the formulation of conclusion. In a fresh
cadaver, if the fingerprints on file are the same as those recovered from the crime scene, they will
positively establish the identity of the person while bodily marks, like moles, scars, complexion, shape
of nose, etc. are merely corroborative. Visual recognition by relative or friends may be of lesser value as
compared with fingerprints or dental comparison
c. The longer the interval between the death and the examination of the remains for purposes of
identification, the greater is the need for experts in establishing identity. The process of taking
fingerprints and its examination under a magnifying lens requires the services of an expert. When
putrefaction has set in, the external bodily marks useful in identification might be destroyed so that it is
necessary to resort to an anatomical or a structural examination of the body which requires knowledge of
medicine and dentistry.
d. Inasmuch as the object to be identified is highly perishable, it is necessary for the team to act in the
shortest possible time especially in cases of mass disaster.
 e. There is no rigid rule to be observed in the procedure of identification of persons.
2. Law of Multiplicity of Evidence in Identification (page 41)
The greater the number of points of similarities and dissimilarities of two persons compared, the greater is the
probability for the conclusion to be correct.
3. How Identification is Done (page 42)
a. By comparison — Identification criteria recovered during investigation are compared with records
available in the file, or postmortem finding are compared with ante-mortem records. Examples: a. Latent
fingerprints recovered from the crime scene are compared with the fingerprints on file of an
investigating agency. b. Dental findings on the skeletal remains are compared with the dental record of
the person in possession of the dentist.
b. By exclusion — If two or more persons have to be identified and all but one is not yet identified,
then the one whose identity has not been established may be known by the process of elimination.
4. Points of ID applicable to living persons only (page 42)
a. Growth of hair, beard or mustache — This may easily be shaved or grown within a short time.
Arrangement may be changed. Artificial hair may be worn or ornamentation may be placed to changed
its natural condition.
b. Clothing — A person may have special preference for certain form, texture, or style. Certain groups
of people are required to have specific cut, color or design, as in uniforms, worn by students, employees
of commercial or industrial establishment, or groups of professionals.
c. Frequent place of visit — A person may have a special desire or habit to be in a place if ever he has
the opportunity to do so. "Sari-sari" stores, barber shops, coffee shops, beer gardens and recreation halls
are common venues of visit of certain class of people. A wanted criminal may suddenly prevent himself
from going to the place he used to visit for fear that he may be apprehended.
f. Mental memory — A recollection of time, place and events may be a clue in identification.
Remembering names, faces and subjects of common interest may be initiated during interview to see
how knowledgeable a person is.
g. Speech — A person may stammer, stutter or lisp. However, if the manner of talking is due to some
physical defects, like harelip and cleft palate that have been corrected by surgery there may be a change
in his manner of speech.
h. Gait — A person, on account of disease or some inborn traits, may show a characteristic manner of
walking.
i. Mannerism — Stereotype movement or habit peculiar to an individual. It may be: (1) Way of
sitting. (2) Movement of the hand. (3) Movement of the body. (4) Movement of the facial muscles. (5)
Expression of the mouth while articulating. (6) Manner of leaning
j. Hands and feet — Size, shape and abnormalities of the hands and feet may be the bases of
identification. Some persons have supernumerary fingers or toes far apart with bony prominence. Some
fingers or toes are with split nail
k. Complexion — Complexion can be determined when the whole body is exposed preferably to
ordinary sunlight.
l. Changes in the eyes — A person identified because he is nearsighted, far-sighted, color blind,
astigmatic, presbyopic, or crosseyed.
m. Facies — There are different kinds of facial expressions brought about by disease or racial influence.
n. Left— or right-handedness — The preferential use of one hand with skill to the other in voluntary
motor acts.
o. Degree of nutrition — The determination must be in relation to the height and age. A person may be
thin, normal or stout.
5. Points of ID applicable to both living and dead before onset of decomposition (page 47)

d. Grade of profession — A medical student of the upper clinical year may be recognized by the a. Occupational Marks — Certain occupations may result in some characteristic marks or identifying
stethoscope; a graduate or student nurse by her cap, a mechanic by his tools, a clergyman by his robe, guides
etc. A change of grade, trade, vocation or profession may be resorted to as a means of concealing
identity. b. Race — In the living, race may be presumed in color of skin, feature of the face, shape of skull and
wearing apparel
e. Body ornamentations — Earrings, necklaces, rings, pins, etc. usually worn by persons may be points
to identify a person from the rest.
 c. Stature - A person ceases to increase in height after the age of 25. There is apparent shrinkage in
height after a long standing debilitating disease. There is actual shrinkage in old age on account of the
compression of the inter-vertebral and also the curvature of the spinal column.
d. Tattoo marks — Introduction of coloring pigments in the layers of the skin by multiple puncture.
Tattoo marks may be in the form of initials, names, images or views.
e. Weight— This is not a good point of identification for it is easily changed from time to time.
f. Deformities — Congenital or acquired — deformities may cause peculiar way of walking, body
movement, facial expression, mannerisms, etc. Deformity like clubfoot, harelip, cleft palate, cystic
conditions, bony prominence, etc., may be corrected surgically.
g. Birth marks — Birth marks may be a spot naevi, port wine, or a Mongolian blue spot.
h. Mole- Ordinarily they are permanent but can be removed by electrolysis, by radium or by carbon
dioxide snow.
i. Scar- a remaining mark after healing of the wound. The fibrous tissue takes the place of the original
tissue which has been injured or destroyed.
j. Tribal marks — Marks on the skin by tattooing or branding. In branding, heated metal is pressed on
the skin and during the healing process a scar develops as a mark.
k. Sexual organ- Male organ may show previous circumcision. In the female uterus and breasts may
show signs of previous pregnancy.
l. Blood examination — Blood type, disease, parasitic infection or toxic substances present may be
utilized to distinguish one person from another.
6. Points of ID that may be easily changed (page 42)
a. Growth of hair, beard or mustache — This may easily be shaved or grown within a short time.
Arrangement may be changed. Artificial hair may be worn or ornamentation may be placed to
changed its natural condition.
b. Clothing — A person may have special preference for certain form, texture, or style. Certain groups
of people are required to have specific cut, color or design, as in uniforms, worn by students,
employees of commercial or industrial establishment, or groups of professionals.
c. Frequent place of visit — A person may have a special desire or habit to be in a place if ever he has
the opportunity to do so. "Sari-sari" stores, barber shops, coffee shops, beer gardens and recreation
halls are common venues of visit of certain class of people. A wanted criminal may suddenly prevent
himself from going to the place he used to visit for fear that he may be apprehended.
d. Grade of profession — A medical student of the upper clinical year may be recognized by the
stethoscope; a graduate or student nurse by her cap, a mechanic by his tools, a clergyman by his
robe, etc. A change of grade, trade, vocation or profession may be resorted to as a means of
concealing identity.
e. Body ornamentations — Earrings, necklaces, rings, pins, etc. usually worn by persons may be
points to identify a person from the rest.
7. Points of ID that may NOT easily be changed (page 43)
a. Mental memory — A recollection of time, place and events may be a clue in identification. Remembering
names, faces and subjects of common interest may be initiated during interview to see how knowledgeable a
person is.
b. Speech — A person may stammer, stutter or lisp. However, if the manner of talking is due to some physical
defects, like harelip and cleft palate that have been corrected by surgery there may be a change in his manner of
speech.
c. Gait — A person, on account of disease or some inborn traits, may show a characteristic manner of walking.
d. Mannerism — Stereotype movement or habit peculiar to an individual. It may be: (1) Way of sitting. (2)
Movement of the hand. (3) Movement of the body. (4) Movement of the facial muscles. (5) Expression of the
mouth while articulating. (6) Manner of leaning
e. Hands and feet — Size, shape and abnormalities of the hands and feet may be the bases of identification.
Some persons have supernumerary fingers or toes far apart with bony prominence. Some fingers or toes are
with split nail
f. Complexion — Complexion can be determined when the whole body is exposed preferably to ordinary
sunlight.
g. Changes in the eyes — A person identified because he is nearsighted, far-sighted, color blind, astigmatic,
presbyopic, or crosseyed.
h. Facies — There are different kinds of facial expressions brought about by disease or racial influence.
i. Left— or right-handedness — The preferential use of one hand with skill to the other in voluntary motor acts.
j. Degree of nutrition — The determination must be in relation to the height and age. A person may be thin,
normal or stout.
8. What is Bertillon system- a scheme utilizing anthropometrical measurement of the human body as the basis of
identification. (page 52)
9. Dental Identification (page 61)
The role of the teeth in human identification is important for the following reasons: a.) The possibility of two
persons to have the same dentition is quite remote. An adult has 32 teeth and each tooth has five surfaces. Some of
the teeth may be missing, carious, with filling materials, and with abnormality in shape and other peculiarities. This
will lead to several combinations with almost infinite in number of dental characteristics; b.) The enamel of the
teeth is the hardest substance of the human body. It may outlast all other tissues during putrefaction or physical
destruction; c) After death, the greater the degree of tissue destruction, the greater is the importance of dental
characteristics as a means of identification; d) The more recent the ante-mortem records of the person to be
identified, the more reliable is the comparative or exclusionary mode of identification that can be done.
10. Handwriting, Handprinting, Handnumbering (page 65)
Sec. 23, Rule 132, Rules of Court — Handwriting, how proved: The handwriting of a person may be proved by
any witness who believes it to be the handwriting of such person, and has seen the person write, or has seen writing
purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the
handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the
witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered,
or proved to be genuine to the satisfaction of the judge.
Hand printing is a fast and easy way to put your personal "stamp" on almost anything in your life.
11. Forgery (page 73)
Signature forgery examination is the most common activity of a questioned document examiner. A signature may
be found on a document which appears that a person has participated in its execution and the person denied that he
had signed it. Such signature may be found in checks, deeds of conveyance, anonymous letters, receipts, etc. It is
classified into traced forgery, simulated forgery and spurious forgery.
12. Skeleton Examination or Bone determinations (page 75)
Occasionally, before a physician is called to examine a dead body, the soft tissues have already disappeared and
only the skeletal system remains. All the external identifications have already disappeared. In this particular case
we resort to the study of bones. In the examination of bones, the following points can be determined approximately:
1. Whether the remains are of human origin or not; 2. Whether the remains belong to a single person or not; 3.
Height; 4. Sex; 5. Race; 6. Age; 7. Length of interment or length of time from date of death; 8. Presence or absence
of ante-mortem or post-mortem bone injuries; 9. Congenital deformities and acquired injuries on the hard tissues
causing permanent deformities.
13. Examination of the product of conception (page 87)
The tests to determine sex are: a) Social test- Differences in the social role of the sexes used to be clearly marked
but now they are less than they used to be; b.) Genital test- The presence of penis indicates a male, its absence and
the presence of a vaginal opening, indicates a female; c.) Gonadal test- Presence of testes in male and ovary in
female; and d.) Chromosomal test- difference between cells derived from men and women suitably stained and
examined under the microscope. The nucleus of the cells is a densely staining area in the cell itself and Barr noticed
that there was a small part of nucleus which stained deeply than the rest in woman's cells but not in cells from men.
14. ID of blood and blood stains (page 95)
The legal importances of the study of blood are: a.) For disputed parentage (maternity and paternity); b.)
Circumstantial or corroborative evidence against or in favor of the perpetrator of a crime; c.) Determination of the
cause of death; d.) Determination of the direction of the escape of the victim or the assailant; e.) Determination of
the approximate time the crime was committed; f.) Determination of the place of commission of the crime; and g.)
Determination of the presence of certain diseases.
15. ID of hairs and fibers (page 105)
16. Laws involved in
a. Presumption of death (page 41)
Articles 390 and 391 of the Civil Code express the general rule regarding presumptions of death for any
civil purpose.
If identity cannot be established, then the law on presumption of death (Article 390, Civil Code) must be
applied which requires the lapse of seven years before a person can be presumed dead. In special
instances, the seven years period may be reduced to for years (Article 391, Civil Code)
b. Survivorship
If there is doubt, as between two nor more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence
of proof, it is presumed that they died at the same time and there shall be no transmission of rights from
one to other (Article 43, Civil Code).
 The penalty provided for parricide in article 246 and for murder in article 248 shall be imposed upon any person
who shall kill any child less than three days of age (Art. 255, Revised Penal Code).

DIFFERENTIATE ·

c. Right of suffrage- (page 90)

Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are Methods of ID by Comparison | Methods of ID by Exclusion (Page 43)
eighteen years of age or over, and who shall have resided in the Philippines for at least one year and in
the place wherein they propose to vote for at least six months preceding the election. No literacy,
l.By comparison — Identification criteria recovered during investigation are compared with
property, or other substantive requirement shall be imposed on the exercise of suffrage. The Batasan records available in the file, or post-mortem finding are compared with ante-mortem records.
Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote (Art.
VI, Sec. 1, Philippine Constitution as amended in 1984). Examples: a. Latent fingerprints recovered from the crime scene are compared with the fingerprints
on file of an investigating agency.
d. Capacity to contract marriage
b. Dental findings on the skeletal remains are compared with the dental record of the person in
Any male of the age of sixteen years or more, and any female at the age of fourteen years or more, not
possession of the dentist.
under any of the impediments mentioned in articles 80 to 84, may contract marriage (Art. 54, Civil
Code).

e. Rape
2. By exclusion — If two or more persons have to be identified and all but one is not yet identified,
Rape is committed by having carnal knowledge of a woman under any of the following circumstances: then the one whose identity has not been established may be known by the process of elimination.
1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious;
and 3. When the woman is under/twelve years of age even though neither of the circumstance mentioned
in the two preceding paragraphs shall be present (Art. 335, Revised Penal Code).
· Plain method | Rolled method (Fingerprinting) (Page 57)

Plain method — The bulbs of the last phalanges of the fingers and thumb are pressed on the surface
f. Seduction of the paper after pressing them on an ink pad or ink plate with printing ink.
a.) Qualified seduction — The seduction of a virgin over twelve years and under eighteen years of age,
Rolled method — The bulbs of the thumb and other fingers are rolled on the surface of the paper
committed by any person in public authority, priests, house-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, after being rolled on an ink pad or ink plate with printing ink.
shall be punished by prision correccional in its minimum and medium periods (Art. 337, Revised Penal
Code).

b.) Simple seduction — The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor (Art. 338, Revised Penal Code)
g. Infanticide
· Visible print | Plastic print | Latent print (Page 58)
Visible print — Impression made by chance and is visible with out previous treatment. Impression
made by the fingers smeared with some colored substances, like black ink, vegetable juice, may be
visible immediately after impression.
b. Plastic print — Impression made by chance by pressing the finger tips on melted paraffin, putty, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the
resin, cellophane, plastic tape, butter, soap, etc. woman

c. Latent print — Prints which are not visible after impression but made visible by the addition of
some substances. Latent prints develop because the fingers are always covered with colorless
residue of oil and perspiration which when pressed on smooth and non-absorbent material will
cause the production of the prints.
seduced, shall be punished by prision correccional in its minimum and medium periods (Art. 337,
Revised Penal Code).
Simple seduction — The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor (Art. 338, Revised Penal Code)

· Traced forgery |Simulated forgery | Spurious forgery (Page 73)

a. Traced forgery — The outlining of a genuine signature from one document onto another where · (Characteristics of blood) Arterial | Venous | Menstrual (Page 104)
the forger wishes it to appear. Traced forgery is basically drawing and consequently lacks free
natural movement inherent in a person's normal writing.

b. Simulated forgery — An attempt to copy in a freehand manner the characteristics of a genuine 1. Arterial Blood:
signature either from memory of the signature or from a model. It is accomplished without outline. a. Bright scarlet in color.
The quality of the simulated signature varies with the writer's skill as a penman, the difficulty of b. Leaves the blood vessel with pressure.
the signature being imitated, the writer's ability to recognize and incorporate the details, his ability
to concentrate on the important feature of the signature and his ability to discard all of his own c. High oxygen contents.
natural habit of writing.

c. Spurious forgery — One prepared primarily in the forger's own handwriting wherein little or no
2. Venous Blood:
attempt has been made to copy the characteristics of the genuine writing.
a. Dark red in color.

b. Does not spill far from the wound.

c. Low oxygen content.

· Qualified seduction | Simple seduction (Page 91)

3. Menstrual Blood:
Qualified seduction — The seduction of a virgin over twelve years and under eighteen years of
age, committed by any person in public authority, priests, house-servant, domestic, guardian, a. Does not clot.
b. Acidic in reaction owing to mixture with vaginal mucous.

c. On microscopic examination, there are vaginal epithelial cells.

Value of I lower than 0.3. Value of I higher than 0.6
d. Contains large number of Deoderlein's bacillus.

· (Characteristics of blood) Man | Woman | Child (Page 104) Fuzz without medulla. Fuzz with medulla.

There is no method differentiating a man's blood from a woman's blood. Probably, the presence of
sex hormone in female blood may be a point of differentiation.
Cortex
Child’s blood: a. At birth, it is thin and soft compared with that of adult ;b. Red blood cells are
nucleated and exhibit greater fragility; c. Red blood cells count more than in adult.

Looks like a thick muff. Looks lixe a fairly thin

· Human hair | Animal hair (Page 107)
hollow cylinder.

Human Hair Animal Hair

Medulla Pigments in the form of fine Pigments in the form of

grains. irregular grains larger

than that of human's.

Air network in fine grains. Air network in forms of

large or small sacks.

Cuticle

Cells invisible without treatment in Cells easily visible.

water.
Thin scales not protruding, covering Thick scales protruding, do not cover
one another to about 4/5. one another to the same degree as the
human's.

· Male hair | Female hair (Page 110)
In many instances it is quite impossible to state the sex from the hair, but certain points may be
worthy of mention:
Hair on the scalp of male are shorter, thicker and more wiry than that of female's.
Eyebrow hair of a male is generally long and more wiry than that of a female's.
· (Age based on hair) Children | Adolescent | Old (Page 110)
This is quite difficult and the examiner hesitates in giving his opinion. However, there are some
points of distinction:
Hair of children are fine, short, deficient of pigments and, as a rule, devoid of medulla.
At the adolescent age, hair may appear at the pubis. Hair on the scalp becomes long, wiry, and
thick.
In the case of older persons, the color is usually white or gray, with marked absorption of pigments
and degenerative changes.
EXPLAIN | DISCUSS
· The Law on Presumption of Death (Page 41)
If identity cannot be established, then the law on presumption of death (Art. 390, Civil Code) must
be applied which requires the lapse of seven years before a person can be presumed dead. In
special instances, the seven years period may be reduced to four years (Art. 391, Civil Code).
· Gait Patterns (Page 44)
A scientific investigation of the gait pattern may be useful for purposes of identification and
investigation of the crime scene. Gait pattern is the series of foot marks by a person walking or
running. Examination of the gait includes the direction line, gait line, foot angle, principal angle
and the length and breadth of the step.
· Methods of approximating the height of a person (Page 49)
If the body is complete the height can be determined by actual measurement. Sometimes some part
of the body is missing and the actual measurement may not be possible. The following are the
methods to be used to approximate the height:
a. Measure the distance between the tips of the middle fingers of both hands with the arms
extended laterally and it will approximately be equal to the height.
b. Two times the length of one arm plus 12 inches from the clavicle and 1.5 inches from the
sternum is the approximate height.
c. Two times the length from the vertex of the skull to the pubic symphysis is the height.
d. The distance between the supra-sternal notch and the pubic symphysis is about one-third of the
height.
e. The distance from the base of the skull to the coccyx is about 44% of the height.
f. The length of the forearm measured from the tip of olecranon process to the tip of the middle
finger is 5/19 of the height.
g. Eight times the length of the head is approximately equal to the height of the person.

· How scar is made and how to determine the age of the scar and its characteristics (Page 51)
A remaining mark after healing of the wound. The fibrous tissue takes the place of the original
tissue which has been injured or destroyed. A scar is devoid of specialized tissues so it does not
contain pigment, sweat or sebaceous glands. Its number, exact location, size and shape, and
whether it is elevated or depressed should be noted.
Faint scars may be made visible by making the surrounding skin red upon applying friction with
hand or by heat.
Scar which develops after a secondary infection is usually marked.
Scar increases in size in proportion with the growth of the person.
Age of the Scar — A recently formed scar is slightly elevated, reddish or bluish in color, and
tender to touch. In a few weeks to two months, the scar has inflammatory redness and it is soft and
sensitive.
Two to six months later, it becomes brownish or coppery red in color, free from contraction and
corrugation, and soft.
When the scar is white, glistening, contracted and tough, it is not less than six months.
The period of scar formation may be delayed by sepsis, poor vascularity of the part involved, age,
depth of the wound, mobility, presence of foreign body and health condition of the victim. Scar
may or may not develop if the wound is small, superficial and healed by first intention.
Characteristics of the scar may show the cause of the previous lesion:
a. Surgical operation — Regular form and situation with stitch marks.
b. Bums and scald — Scars are large, irregular in shape, and may be keloid. Scar of scald may
show stippled surface.
c. Gunshot — Disc-like, depressed at center and may be adherent to the underlying tissue.
d. Tuberculosis sinus — Irregular in shape furrowed, with edges hardened and uneven.
e. Flogging — Fine white lines diagonally across back, depressed small spot at interval.
f. Gumma — Depressed scar following loss of tissue.
g. Lupus — Bluish-white scar.
h. Venesection — At bend of elbow, on dorsum of foot, or on temporal region.
i. Wet cupping — Short parallel scars on lower part of the back and loin.
11. Tribal marks — Marks on the skin by tattooing or branding. In branding, heated metal is
pressed on the skin and during the healing process a scar develops as a mark. The tribal marks are
placed in the exposed parts of the body and used to identify person or membership of a tribe or
social group.
12. Sexual organ-.Male organ may show previous circumcision. In lale"the uterus and breasts may
show signs of previous pregnancy. Previous gynecological operation may be seen in the abdomen.
13. Blood examination — Blood type, disease, parasitic infection or toxic substances parasitic may
be utilized to distinguish one person from another.
· Anthropometry (Page 52)
Alphonse Bertillon, a French criminologist, devised a scheme utilizing anthropometrical
measurement of the human body as the basis of identification.
Basjs'of the Bertillon System of Identification:
l.'he' human skeleton is unchangeable after the twentieth year. The igh bone continues to grow
somewhat after the period, but this is compensated by the curving of the spine which takes place at
aboia the same age.
2. It is impossible to find two Jjuman beings having bones exactly like.
3. The necessary measurement can easily be taken with the aid of a simple instrument.
Information Included in the System:
1. Descriptive data — Color of the hair, eyes and complexion, shape of the nose, ear, etc;
Body marks— moles, scars, tattoo marks, deformities, etc.
3 .Anthropometrical measurements:
a. Body measurements — height width of outstretched arms, and sitting height.
b. Measurement of the head — Length and breadth of head, bizy-gouiatkal diameter, and length of
the right ear.
· How light affects ID (Page 55)
1. Clearest moonlight or starlight: Experiments have shown that the best known person cannot be
recognized by the clearest moonlight at a distance greater than 16 to 17 yards and by starlight any
further than 10 to 13 yards.
a. Broad daylight: A person can hardly recognized another person at a distance farther than one
hundred yards if the person has never been
seen before, but persons who are almost strangers may be recognized at a distance of twenty-five
yards.
b. Flash of firearm: Although by experiment, letters of two inches high can be read with the aid of
the flash of a caliber .22 firearm at a distance of two feet it is hardly possible for a witness to see
the assailant in case of a hold-up or a murder because:
(1) Usually the assailant is hidden.
(2) The assault is unexpected and the attention of the person or witness is at its minimum.
c. The flash of lighting produces sufficient light for the identification of an individual provided that
the person's eye is focused towards the individual he wishes to identify during the flash.
d. In case of artificial light, the identity is relative to the kind and intensity of the light.
Experiments may be made for every particular artificial light concerned.
· Fingerprinting (Page 56)
Fingerprinting is considered to be the most valuable method of identification. It is universally used
because:
1. There are no two identical fingerprints: Fingerprints show unlimited and infinite varieties of
form. Two or more fingerprints may grossly appear to be seemingly alike but under a microscope
or the magnifying lens, the difference may be proven. The chances of two fingerprints being the
same are calculated to be 1 to 64,000,000,000 which is ten times the number of fingers existing in
the world.
2. Fingerprints are not changeable: Fingerprints are formed in the fetus in the fourth month of
pregnancy. During the latter stage of pregnancy as well as after birth, the pattern enlarges, but no
changes take place in the number
and arrangement of the friction ridges. The finger may be wounded or burned, but the whole
pattern with all its details will reappear when the wound heals. If the injury is deep or beyond the
layers of the skin and scar develops, it will not deter identification. On the contrary, the scar will
make a much deeper impression of the pattern. It can be said that fingerprints are an indelible
signature which a person carries from the cradle to the grave.
· How to get fingerprint impressions on dead bodies (Page 58)
In cases of fresh dead bodies, the fingers are unclenched and each one is inked individually with
the aid of a small rubber roller. The paper where the print will be impressed will be placed in a
spoon shaped piece of wood and slowly and evenly rolled over the pattern. If the fist is too tightly
clenched, a small incision may be made at the base of the fingers. The contraction may also be
overcome by
dipping the hands in hot water.
If the so-called washerwoman's skin is not too marked on the fingerprints of dead bodies recovered
shortly from bodies of water (floaters), the fingers may be dried off with a towel and glycerin is
injected with a syringe under the skin of the finger tips in order to smoothen the surface. The
fingerprints are then taken like that of a fresh dead body.
If the "floater" has been in a body of water for a longer time and the friction ridges have
disappeared, the skin of the fingertips is cut away. This area of skin from each finger is placed in a
small labelled test tubes containing formaldehyde solution. If the papillary ridges are still preserved
on the outer surface, the person taking the prints places a portion of the skin on his right index
finger protected by a rubber glove and then takes the print after inking the finger tip.
The same procedure as described may be applied to putrefied or burned bodies according to
circumstances.
· How handwriting is proved; about witnesses; What rule/s? (Page 65)
A person may be identified through his handwriting, handprinting and handnumbering.
Sec. 23, Rule 132, Rules of Court — Handwriting, how proved:
The handwriting of a person may be proved by any witness who believes it to be the handwriting of
such person, and has seen the
person write, or has seen writing purporting to be his upon which the witness has acted or been
charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting
the handwriting may also be given by a comparison, made by the witness or the court, with
writings admitted or treated as genuine by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.
The genuiness of any disputed writing may be proven by any of the following ways:
1. Acknowledgement of the alleged writer that he wrote it; 2. Statement of witness who saw the
writing made and is able to identify it as such;
3, By the opinion of persons who are familiar with the handwriting of the alleged writer, or 4. By
the opinion of an expert who compares the questioned writing with that of other writings which are
admitted or treated to be genuine by the party against whom the evidence is offered.
Sec. 44, Rule 130, Rules of Court — Opinion of ordinary witnesses: The opinion of a witness
regarding the identity of handwriting of a person, when he has knowledge of the person or
handwriting; the opinion of a subscribing witness to a writing; the validity of which is in dispute,
respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting
the mental sanity of a person,
the reason for the opinion being given, may be received as evidence.
In order for an ordinary witness to be qualified to express his opinion, it must be shown that he has
some familiarity with the handwriting of the person in a way recognized by law.
· Steps to be undertaken to minimize conscious efforts to disguise Handwriting (Page 71)
1. The writer should be allowed to write sitting comfortably at a desk or table and without
distraction.
2. The suspect should not, under any condition, be shown the questioned document or be provided
with instructions on how to spell certain words or what punctuation to use.
3. The suspect should be furnished with a pen and a paper similar to those used in the questioned
document.
4. The dictated text may be the same as the contents of the questioned document, or at least should
contain many of the same words, phrases, and letter combinations found in the document. In
handwriting cases, the suspect must not be given any instruction on whether to use upper-case
(capital) or lower-case lettering.
5. Dictation of the test should take place at least three times. If the writer is making a deliberate
effort to disguise his writing, noticeable variations should appear between the three repetitions.
Discovering this, the investigator must insist upon continued repetitive dictation of the text.
6. Signature exemplars can best be obtained when the suspect is required to combine other writings
with a signature. For example, instead of compiling a set of signatures alone, the writer must be
asked to completely fill out twenty to thirty separate checks or receipts, each of which includes a
signature.
7. Before requested exemplars are taken from the suspect, a document examiner should be
consulted and shown the questioned specimens (Criminalistics by Richard Saferstein, p. 336).
· Handwriting characteristics of Illiterates (Page 71)
1. They seldom follow any rule or baseline although at the beginning a position above the baseline
is taken which continues in an ascending or descending course. Baseline is the ruled or imaginary
line upon which the writing rests.
2. The tendency of the writing is to be raised involuntarily in the last letters of the word made by
the extension of the fingers while the hand is being held in a fixed position.
3. The loop letters are often slanted too much because the up strokes are made too long or nearly
straight.
4. Very unlikely to produce facsimile signatures in size, arrangement and proportion of parts.
5. The writing is not rhythmic, but made up of disconnected unskilled movement impulses which
are not likely to be related in an exactly identical way.
6. Tremor or involuntary trembling is seen due to inability to control the pen in motion because of
not being familiar with and self-conscious to the process of writing.
7. Formation and angle of letters are irregular and definitely show lack of knowledge of size and
proportion.
8. Same speed is utilized from beginning to end and seldom is the pen raised to get a new
adjustment.
9. Illiterate pencil-writing is usually produced with much pressure and may show the habit of
wetting the pencil lead frequently.
10. In anonymous writing, illiteracy is indicated by faulty arrangement of words, lines, paragraphs
and pages.
11. Combination of script forms and Roman capitals, or pen or pencil printing, containing freak
forms, abbreviations or punctuation marks are individual creations.
· Handwriting characteristics of Old Aged persons (Page 72)
1. Due to lack of muscular control, the handwriting will not usually show fine lines continuously
but the strokes are mostly rough and made with considerable pressure.
2. With the presence of tremor, the changes of direction are numerous and omission of parts of
letters of strokes are common.
3. The concluding parts are often made with a nervous haste and carelessness and they may be
much distorted.
4. Even with much tremor, the handwriting will usually show free connecting and terminal strokes
made by the momentum of the hand.
5. Often shows very uneven alignment and may disregard entirely a line near which they are
written.
6. Usually shows an unusual and erratic departure from its intended movement, particularly in the
downward strokes.
7. There is a loss of individual departure from its intended movement, particularly in the downward
strokes.
8. There is a loss of individual rhythm as indicated by malformation and irregularity of speed in the
writing of small letters.
· Legal Importance of Sex ID or determination of sex; Rules and Laws (Page 86)
1. As an aid in identification:
Habit, social life, manner of dressing, physical features and inclination are generally dependent on
the sex. These points are useful in identification.
3. To determine whether an individual can exercise certain obligations vested by law to one sex
only:
For example the National Defense Act, compulsory military service or training only refers to
males, 20 years of age or above.
4. Marriage or the union of a man and a woman:
Any male of the age of sixteen years or more, and any female at the age of fourteen years or more,
not under any of the impediments mentioned in articles 80 to 84, may contract marriage (Art. 54,
Civil Code).
4. Rights granted by law are different io different sexes:
Majority commences upon the attainment of the age of twenty one years (Art. 402, Civil Code).
Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below
twenty-three years of age cannot leave the parental home without the consent of the father or
mother in whose company she lives, except to become a wife, or when she exercises a profession
or calling, or when the father or mother has contracted a subsequent marriage (Art. 403, Civil
Code).
5. There are certain crimes wherein a specific sex can only be the offender or victim:
a. In rape (Art. 335, Revised Penal Code), seduction (Art. 337 & 338, Revised Penal Code),
abduction (Art. 342 & 343, Revised Penal Code) or abuse against chastity (Art. 245, Revised Penal
Code) a woman is the victim.
b. In case of prostitution, the offender must be a woman: For purposes of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to
be prostitutes (Art. 202, No. 5, Revised Penal Code).
c. In adultery the offender is a married woman and in concubinage the offender is a husband.
· Legal Importance of Age ID or determination of age; Rules and Laws (Page 90)
1. As an aid to identification:
Mention of the age of the wanted or missing person will create an impression of the physical
characteristics, social life and psychic and mental behavior of that person. Although it may only be
presumptive, it may be useful in identification.
2. Determination of criminal liability:
Art. 12, Revised Penal Code — Circumstances which exempt from criminal liability — The
following are exempted from criminal liability:
1
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor, shall be proceeded against in accordance with the
provisions of Article 80 of this code.
3.. Determination of right of suffrage:
Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are
eighteen years of age or over, and who shall have resided in the Philippines for at least one year
and in the place wherein they propose to vote for at least six months preceding the election. No
literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
The Batasan Pambansa shall provide a system for the purpose of securing the secrecy and sanctity
of the vote (Art. VI, Sec. 1, Philippine Constitution as amended in 1984).
4.Determination whether a person can exercise civil rights:
Majority commences upon the attainment of the age of twenty one years.
The person who has reached majority is qualified for all acts of civil life, save the exceptions
established by this Code in special cases. (Art. 402, Civil Code).
5. Determination of the capacity to contract marriage:
Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or
upwards, not under any of the impediments mentioned in articles 80 to 84 may contract marriage
(Art. 54, Civil Code).
6. As a requisite to certain crimes:
A. Rape — Rape is committed by having carnal knowledge of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under/twelve years of agj even though neither of the circumstance
mentioned in the two preceding paragraphs shall be present (Art. 335, Revised Penal Code).
B. Infanticide — The penalty provided for parricide in article 246 and for murder in article 248
shall be imposed upon any person who shall kill any child less than three days of age (Art. 255,
Revised Penal Code).
C. Seductions:
Qualified seduction — The seduction of a virgin over twelve years and under eighteen years of
age, committed by any person in public authority, priests, house-servant, domestic, guardian,
teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the
woman seduced, shall be punished by prision correccional in its minimum and medium periods
(Art. 337, Revised Penal Code).
Simple seduction — The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor (Art. 338, Revised Penal Code.
D. Consented abduction — The abduction of a woman victim over twelve and under eighteen years
of age, carried out with her consent and with lewd designs shall be punished by the penalty of
prision correccional in its minimum and medium period (Art. 343, Revised Penal Code).
· Hess’s Rule or Haase’s Rule (Page 93)
One way to determine the Age of the Fetus.
a. For fetus of less than 25 cm. long (Crown-feet length) — Get the square root of the length in
centimeter and the result is the age of the fetus in months.
Example: If the length of the fetus is 16 cm., the age is 4 months.
b. For fetus 25 centimeters or more — Divide the length of the fetus by 5, and the result is the age
in month.
Example: If the length of the fetus is 40 cm., the age is 8 months.
(The age referred to in this rule is lunar month, not calendar month. One lunar month is equivalent
to 28 days.)
ENUMERATE
· Importance of Identification of a Person (Page 41)
1. In the prosecution of the criminal offense, the identity of the offender and that of the victim must
be established, otherwise it
will be a ground for the dismissal of the charge or acquital of the accused.
2. The identification of a person missing or presumed dead will facilitate settlement of the estate,
retirement, insurance and other social benefits. It vests on the heirs the right over the properties of
the identified person. If identity cannot be established, then the law on presumption of death (Art.
390, Civil Code) must be applied which requires the lapse of seven years before a person can be
presumed dead. In special instances, the seven years period may be reduced to four years (Art. 391,
Civil Code).
3. Identification resolves the anxiety of the next-of-kin, other relatives and friends as to the
whereabouts of a missing person or
victim of calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of check, entering a premise,
delivery of parcels or registered mail in post office, sale of property, release of dead bodies to
relatives, parties to a contract, etc.
· ID characteristics that may easily be changed (Page 42)
Growth of hair, beard or mustache — This may easily be shaved or grown within a short time.
Arrangement may be changed, Artificial hair may be worn or ornamentation may be placed to
changed its natural condition.
Clothing — A person may have special preference for certain form, texture, or style. Certain
groups of people are required to have specific cut, color or design, as in uniforms, worn by
students, employees of commercial or industrial establishment, or groups of professionals.
Frequent place of visit — A person may have a special desire or habit to be in a place if ever he has
the opportunity to do so. "Sari-sari” stores, barber shops, coffee shops, beer gardens and recreation
halls are common venues of visit of certain class of people. A wanted criminal may suddenly
prevent himself from going to the place he used to visit for fear that he may be apprehended.
^^Grade of profession — a medical student of the upper clinical year may be recognized by the
stethoscope; a graduate or student nurse by her cap, a mechanic by his tools, a clergyman by his
robe, etc. A change of grade, trade, vocation or profession may be resorted to as a means of
concealing identity.
Body ornamentations — Earrings, necklaces, rings, pins, etc. Usually worn by persons may be
points to identify a person from the rest.
· ID characteristics that may NOT easily be changed (Page 42)
a. Mental memory — A recollection of time, place and events may be a clue in identification.
Remembering names, faces and subjects of common interest may be initiated during interview to
see how knowledgeable a person is.
b. Speech — A person may stammer, stutter or lisp. However, if the manner of talking is due to
some physical defects, like harelip and cleft palate, that have been corrected by surgery, there may
be a change in his manner of speech. The manner of talking and the quality of the voice are
dependent on the vocal cavities (throat, mouth, nose and sinuses) and his manner of manipulating
the lips, teeth, tongue, soft palate, and jaw muscles. The chances of two or more persons having the
same size of vocal cavities and the same manner of articulation are remote and unlikely.
Whispering, muffling and nose-holding do not change the speech characteristic. The speech may
be recorded and preserved in a good tape recorder. A known standard may also be recorded for
purposes of comparison. Identification can be achieved through the sound spectrographs analysis.
c. Gait — A person, on account of disease or some inborn traits, may show a characteristic manner
of walking.
In the normal process of walking the rear portion of the heel is placed on the ground. This is
subsequently followed by the other parts of the heel and the sole of the foot is pressed on the
ground. The toes are the last to be pressed followed by the lifting of the foot making another step
forward. The pressure at the rear portion of the heel and in the region of the toes is the most
forceful, hence the impression is the most. During the process of running the foot marks are less
distinct because of the slipping of the foot and the sand or soil thrown into the marks by the
pressure of the tip of the toes.
e. Hands and feet — Size, shape and abnormalities of the hands and feet may be the bases of
identification. Some persons have supernumerary fingers or toes far apart with bony prominence.
Some fingers or toes are with split nails. Foot or hand marks found in the investigation of the crime
scene may be:
(1) Foot or hand impression — This develops when the foot or hand is pressed on mouldable
materials like mud, clay, cement mixture, or other semi-solid mass. The impression can be
preserved by making a cast of it with plaster of Paris.
(2) Footprint or handprint — This is a footmark or handmark on a hard base contaminated or
smeared with foreign matters like dust, flour, blood, etc.
t. Complexion — Complexion can be determined when the whole body is exposed preferably to
ordinary sunlight. Dark complexion may be found fair with the use of bleaching chemicals, while
fair complexion may temporarily be made dark with the use of an ointment with a dark pigment.
Exposed parts of the body usually appear darker than those covered with clothing.
g. Changes in the eyes — A person identified because he is nearsighted, far-sighted, color blind,
astigmatic, presbyopic, or crosseyed. The eye may have arcus senilis, artificial pupils, irregular
marks of the spectacles or cataract. Color of the iris, shape of the eyes, deformity of the eyeball and
the presence of disease are useful bases of identification.
h. Facies — There are different kinds of facial expressions brought about by disease or racial
influence. The face may be round, oval, triangular or slightly square. Distinct identifying marks
may be present on the face, such as, peculiarly attractive scars, moles, hair, nose and condition of
the skin which an identifier may specially notice.
i. Left— or right-handedness — The preferential use of one hand with skill to the other in
voluntary motor acts. Ambidextrous people can use their right and left hands with equal skill. The
best way to determine whether a person is left— or right-handed or ambidextrous is to observe him
during his unguarded moments.
j. Degree of nutrition — The determination must be in relation to the height and age. A person may
be thin, normal or stout. This point of identification easily changes by refraining from intake of
fatty foods. Some persons are inherently skinny inspite of heavy intake of nutritive food.
· Forms of Gait (Page 44)
(1) Ataxic gait — A gait in which the foot is raised high, thrown forward and brought down
suddenly is seen in persons suffering from tabesdorsalis.
(2) Cerebellar gait — A gait associated with staggering movement is seen in cerebellar diseases.
(3) Cow's gait — A swaying movement due to knock-knee.
(4) Paretic gait — Gait in which the steps are short, the feet are dragged and the legs are held more
or less widely apart.
(5) Spastic gait — A gait in which the legs are held together and move in a stiff manner and the
toes dragged.
(6) Festinating gait — Involuntary movement in short accelerating steps.
(7) Frog gait — A hopping gait resulting from infantile paralysis.
(8) Waddling gait — Exaggerated alternation of lateral trunk movement similar to the movement of
the duck.
· Factors included in the examination of gait pattern (Page 45)
(A) Direction line — Expresses the path of the individual.
(B) Gait line — The straight line connecting the center of the succeeding steps. It is more or less in
zigzag fashion especially when the legs are far apart while walking. Stout, elderly people and those
who want stability while walking have a more zigzag gait line.
(C) Foot line — The longitudinal line drawn on each foot mark. There may be a difference in the
foot line of the left and right foot.
(D)Foot angle — The angle formed by the foot line and the direction line. In normal walking the
foot angle is very characteristic of a person and cannot be altered immediately. However, it may be
altered when a person is running, carrying a heavy weight or moving on a rugged terrain.
(E) Principal angle — The angle between the two succeeding foot angles.
(F) Length of step — When the distance between the center points in two successive heel prints of
the two feet exceeds 40 inches, there is a strong presumption that the person is running.
(G) Breadth of step — The distance between the outer contours of two succeeding foot marks or 7. Identification photograph.
steps. The more apart the legs are while walking, the greater is the breadth of the step. (Crime
Detection by Ame Svensson & Otto Wendel, p. 58)
· Scientific Methods of ID (Page 55)

· Kinds of Facies Dental Identification

(1) Hippocratic facies— The nose is pinched, the temple hollow, eyes sunken, ears cold, lips Handwriting
relaxed and skin livid. The appearance of the face is indicative of approaching death. Identification of Skeleton
(2) Mongolian facies — Almond eyes, pale complexion, prominence of cheek bones. Determination of Sex .
(3) Facies Leonine — A peculiar, deeply furrowed, lion-like appearance of the face. This may be Determination of Age ,
observed in leprosy, elephantiasis and ,leontiasis ossia.
Identification of Blood and Blood Stains
(4) Myxedemic facies — Pale face, edematous swelling which does not pit on pressure, associated
with dullness of intellect, slow monotonous speech, muscular weakness and tremor. Identification of Hair and Fibers

·Advantages of Fingerprinting as a means of ID (Page 57)

· Extrinsic factors in ID (Page 46) 1. Not much training is necessary for a person to take, classify and compare fingerprints.

1. Ornamentations — Rings, bracelet, necklace, hairpin, earrings, lapel pin, etc. 2. No expensive instrument is required in the operation.

2. Personal belongings — Letters, wallet, driver's license, residence certificate, personal cards, etc. 3. The fingerprint itself is easy to classify.

3. Wearing apparel — Tailor marks, laundry mark, printed name of owner, size, style, and texture, 4. Actual prints for comparative purposes are always available and suspected errors can easily be
footwear, socks. checked.

4. Foreign bodies — Dust in clothing, cerumen in the ears, nail scrapping may show occupation,
place of residence or work, habit,
· Types of fingerprint patterns (Page 59)
etc.
1. Arches — The ridges go from one side of the pattern to another, never turning back to make a
2. Identification by close friends and relatives. loop.

3. . Identification records on file at the police department, immigration bureau, hospitals, etc.
a. Plain arches — The ridges on one side of the impression and flow or tend to flow out the other · Characteristics of disguised writing (Page 72)
side with rise or wave in the center.
a. Inconsistent slant
b. Tented arch — One or more ridges at the center to form a definite angle of 90 degrees or less
than 45 degrees from the horizontal plane. b. Inconsistent letter formation

2. Loops — One or more ridges enter on either side, recurves and terminate or tend to terminate on c. Change of capital letters
the same side from which it entered. d. Lack of free-flowing movement
a. Ulnar loop — Recurves towards the ulnar side of the hand or little finger. e. Lack of rhythm
b. Radial loop — Recurves towards the radial side of the hand or thumb. f. Unnatural starts and stops
3. Whorls — Patterns with two deltas and patterns too irregular in form to classify: g. Irregular spacing
a. Simple whorls — Consist of two deltas with a core consisting of circles, ellipses, or spiral h. Writing with unaccustomed hand (Criminalistics by Richard Saferstein, p. 692).
turning to the right or left.

b. Central pocket loop- — It is like simple loop but in the core, one may find one ridge which
forms a convex towards the opening of the loop. · Points determined by examination of the bones (Page 75)

c. Lateral pocket loops — There are at least two loops opening at the same side. 1. Whether the remains are of human origin or not.

2. Whether the remains belong to a single person or not.

· Purpose of Handwriting Examination (Page 66) 3. Height.

Financial crimes (bogus checks, cr'xlit card fraud, embezzlement). 4. Sex.

Death investigation (suicide notes, hotel registration cards, letter of explanation) 5. Race.

Robberies (pawnshop notes, cashing of stolen checks), 6. Age.

Kidnapping with ransom (demand note, threatening letter). 7. Length of interment or length of time from date of death.

'Anonymous threatening letters. 8. Presence or absence of ante-mortem or post-mortem bone injuries.

Falsification of documents (deeds of conveyance, receipts). 9. Congenital deformities and acquired injuries on the hard tissues causing permanent deformities.
· Legal Importance of Sex ID or determination (Page 86) c. In adultery the offender is a married woman and in concubinage the offender is a husband.

1. As an aid in identification:

Habit, social life, manner of dressing, physical features and inclination are generally dependent on · Parts of the hair (Page 107)
the sex. These points are useful in identification.
1. Cuticle — The outer layer of the hair.
7. To determine whether an individual can exercise certain obligations vested by law to one sex
only: 2. Cortex or middle layer — Consists of longitudinal fibers bearing the pigment.

For example the National Defense Act, compulsory military service or training only refers to 3. Medulla or core — Contains air bubbles and some pigments.
males, 20 years of age or above.

8. Marriage or the union of a man and a woman:

Any male of the age of sixteen years or more, and any female at the age of fourteen years or more,
not under any of the impediments mentioned in articles 80 to 84, may contract marriage (Art. 54,
Civil Code).

4. Rights granted by law are different io different sexes:

Majority commences upon the attainment of the age of twenty one years (Art. 402, Civil Code).

Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below
twenty-three years of age cannot leave the parental home without the consent of the father or
mother in whose company she lives, except to become a wife, or when she exercises a profession
or calling, or when the father or mother has contracted a subsequent marriage (Art. 403, Civil
Code).

5. There are certain crimes wherein a specific sex can only be the offender or victim:

a. In rape (Art. 335, Revised Penal Code), seduction (Art. 337 & 338, Revised Penal Code),
abduction (Art. 342 & 343, Revised Penal Code) or abuse against chastity (Art. 245, Revised Penal
Code) a woman is the victim.

b. In case of prostitution, the offender must be a woman: For purposes of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to
be prostitutes (Art. 202, No. 5, Revised Penal Code).
 4. Thie death of either the principal or agent is a mode of extinguishment of agency Art. 1919, Civil
CHAPTER 4 Code
MEDICO-LEGAL ASPECTS OF DEATH 5. The criminal liability of a person is extinguished by death Art. 89, Revised Penal Code

DEFINE o Civil Claims - The civil case for claims which does not survive is dismissed upon death of the
· Death defendant
- the termination of life.
o Presumption of death
- the complete cessation of all the vital functions without the possibility of resuscitation
Art. 390, Civil Code and Sec. 5(x), Rule 131, Rules of Court:
· Ante-mortem
After an absence of seven years, it being unknown whether or not
· Post-mortem
· Algor Mortis 120 the absentee still lives, he shall be presumed dead for all purposes,
except for those of succession.
- The progressive fall of the body temperature after death due to cessation of the metabolic processes inside the
The absentee shall not be presumed dead for the purpose of
body.
opening his succession till after an absence of ten years. If he disappeared
· Rigor Mortis 126
after the age of seventy-five years, an absence of five years
- Rigidity of the body due to the contraction of the muscles. (develops 3-6 hour after death and may last for 24-36 shall be sufficient in order that his succession may be opened
hours)
· Post mortem caloricity 121 Art. 391, Civil Code and Sec. 5(x), Rule 131, Rules of Court:
- The rise of the body temperature after death due to rapid and early putrefactive changes or some internal changes The following shall be presumed dead for all purposes, including
(usually observed in the first 2 hours after death) the division of the estate among the heirs:
· Post-mortem lividity 131 (1) A person on board a vessel lost during a sea voyage, or an
- The stoppage of the heart action and the loss of tone of blood vessels cause the blood to be under the influence of aeroplane which is missing, who has not been heard of for
gravity which causes blood to accumulate in the most dependent portions of the body. four years since the loss of the vessel or aeroplane.
· Putrefaction 136 (2) A person in the armed forces who has taken part in war, and
has been missing for four years:
- the breaking down of the complex proteins into simpler components associated with the evolution of foul-smelling
(3) A person who has been in danger of death under other circumstances
gasses and accompanied by the change of color of the body
and his existence has not been known for four years.
· Marbolization 137
- the prominence of the superficial veins with reddish discoloration during the process of decomposition which Art. 392, Civil Code:
develops on both flanks of the abdomen, the root of the neck, and shoulder and which makes the area look like a If the absentee appears, or without appearing his existence is
"marbled" reticule of branching veins. proved, he shall recover his property in the condition in which it
may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim
KNOW either fruits or rents
· Importance of death determination/Laws involved in death:
1. The civil personality of a natural person is extinguished by death. Art. 42, Civil Code
2. The property of a person is transmitted to his heirs at the time of death. Art. 774, Civil Code o Presumption of survivorship
3. The death of a partner is one of the causes of the dissolution of a partnership agreement Art. Sec. 5(jj), Rule 131, Rules of Court:
1830, Civil Code When two persons perish in the same calamity, such as wreck,
battle, or conflagration, and it is not shown who died first, there
are no particular circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting from the
strength and age of the sexes, according to the following:
1. If both were under the age of fifteen years, the older is presumed
to have survived;
2. If both were above the age of sixty, the younger is presumed
to have survived;
3. If one is under fifteen and the other above sixty, the former
is presumed to have survived;
4. If both be over fifteen and under sixty, and the sexes be different,
the male is presumed to have survived; if the sexes be the
same, then the older;
5. If one be under fifteen or over sixty, and the other between
those ages, the latter is presumed to have survived.
Art. 43, Civil Code:
If there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first, whoever
alleges the death of one prior to the other, shall prove the same; in
the absence of proof, it is presumed that they died at the same time
and there shall be no transmission of rights from one to the other.
Changes in the body following death (p.26)
1. Changes in the muscles
2. Changes in the blood
3. Autolytic or Autodigestive Changes
4. Putrefaction of the body
Condition simulating rigor mortis
● Heat Stiffening: When the dead body is exposed to temperatures above 75°C it will
coagulate the muscle proteins and cause the muscles to be rigid. It is commonly observed
when the body of a person is placed in boiling fluid or when the body is burned to death.
● Cold Stiffening: It is due to the solidification of fat when the body is exposed to freezing
temperature.
● Cadaveric Spasm / Instantaneous Rigor: It is the instantaneous rigidity of the muscles
which occurs at the moment of death due to extreme nervous tension, exhaustion and
injury to the nervous system or injury to the chest.
Hypostasis and Lividity
- The stoppage of the heart causes the blood to be under the influence of gravity which is why
blood begins to accumulate in the most dependent portions of the body.
- If the body is lying on his back, the lividity will develop on the back.
- If the position of the body is moved during the early stage of its formation, it may disappear and
develop again but if the position of the body has been changed after clotting, or the blood has set
in, or the blood has already diffused into the tissues of the body, a change in position will NOT
alter the location of the post-mortem lividity.
Importance of Cadaveric lividity
● It is of the signs of death
● It may determine whether the position of the body has been changed after its appearance
in the body.
● The color of the lividity may indicate the cause of death. Example:
a. Asphyxia, lividity is dark
b. Carbon monoxide poisoning, lividity is bright pink.
c. Hemorrhage, anemia, less marked.
d. Hydrocyanic acid, bright red.
xxx
a. If the body is found for considerable time in snow or ice the lividity is bright red.
● It may determine how long the person has been dead.
● It gives us an idea as to the time of death.
Point considered that infers the position of the body at the time of death
● Posture of the body when found: The body may become rigid in the position in which he
died. This condition may occur and is of value if the state and position of the body was not
moved before rigidity and lividity took place.
 ● Post-mortem Hypostasis (lividity): Will be found in areas of the body which comes in
contact with the surface where the body lies.
● Cadaveric Spasm: In violent death, the attitude of parts of the body may infer position on
account of the spasm of the muscles. Example:
(1) In drowning, the victim may be holding the sea weeds.
(2) In suicide, the wound in weapon may be grasped tightly by the hands.
· Putrefaction of the body
The following are the principal changes undergone by the soft tissues of the body in the
process of putrefaction:
● Changes in the Color of the Tissue:
A few hours after death, there is hemolysis of the blood within the blood vessels and as a
result of which hemoglobin is liberated. The hemoglobin diffuses through the walls of the blood
vessels and stains the surrounding tissues thereby imparting a red or reddish-brown color.
● (3) Marked discoloration and swelling of the face with bloody
● froth coming out of the nostrils and mouth.
● (4) Swelling and discoloration of the scrotum, or of the vulva.
● (5) Distention of the abdomen with gases.
● (6) Development of bullae in the face of varying sizes.
● (7) Bursting of the bullae and denudation of large irregular
● surfaces due to the shedding of the epidermis.
● (8) Escape of blood-stained fluid from the mouth and nostrils.
● (9) Brownish discoloration of the surface veins giving an
● arborescent pattern on the skin.
● (10) Liquefaction of the eyeballs.
● (11) Increased discoloration of the body generally and progressive increase of
abdominal distention.
● (12) Presence of maggots.
● (13) Shedding of the nails and lossening of the hairs.
● (14) Conversion of the tissue into semi-fluid mass.
● (15) Facial feature unrecognizable.
● (16) Bursting of the abdomen and thoracic cavities.
● (17) Progressive dissolution of the body.

● Evolution of Gases in the Tissues:

● Internal Changes
One of the products of putrefaction is the evolution of gases. Carbon dioxide, ammonia, ● (1) Those which Putrefy Early:
hydrogen, sulphurated hydrogen, phosphoretted hydrogen, and gmethane gases are formed. The
offensive odor is due to these gases and also due to a small quantity of mercaptans. (a) Brain.
(b) Lining of the trachea and larynx.
The formation of gases causes the distention of the abdomen and bloating of the whole (c) Stomach and intestines.
body. Gases formed in the subcutaneous tissues and in the face, and neck cause swelling of the (d) Spleen.
whole body. Small gas bubbles are found in solid visceral organs and give rise to the "foamy" (e) Liver.
appearance of the organs. (f) Uterus (if pregnant or in puerperal stage).

· Chronological changes of the body in Putrefaction (External | Internal | Temperate | Tropical | ■ (2) Those which Putrefy Late:
Submerged in water
(a) Esophagus.
(b) Diaphragm.
External Changes
(c) Heart.
● (1) Greenish discoloration over the iliac fossa appearing after (d) Lungs.
● one to three days. (e) Kidneys.
● (2) Extension of the greenish discoloration over the whole (f) Urinary bladder.
● abdomen and other parts of the body. (g) Uterus (if not gravid).
(h) Prostate gland.

· Bacterial influences and destructive agents in decomposition
● Decomposition is due to action of bacteria in various tissues of the body. During the early
period of decomposition, aerobic activities are prominent. Later, the facultative aerobes and
anaerobes are present. In the advanced stage, the activities of the anearobes are the most
prominent with the production of gasses.
The softening of the tissues is the result of bacterial action, proteolytic and autolytic ferments. The
microorganism that plays an important and dominant role in decomposition is Clostridium welchii. This
bacteria starts to grow in parenchymatous organs. It is responsible for the disintegration of cytoplasm,
destruction of nuclei and generation of gases in the cells.
Other bacteria which participate in tissue destruction during the period of decomposition are:
a. Bacillus coli.
b. Bacillus proteus vulgaris.
c. Bacillus mesentericus.
d. Bacillus aerogenes capsulatus.
· Mummification
● It is the dehydration of the whole body which results in the shivering and preservation of the
body. It usually occurs when a dead body is buried in a hot, and arid place with dry
atmosphere and with free access of hot air. In most cases, the natural physical appearance
is not modified, hair may be kept intact although there may be change in color of the skin.
The internal organs may be shrunken, hard and with a darkbrown or black color. If the
whole fluid contents of the body has evaporated, preservation is for an indefinite time but
the whole body may become brittle, weight markedly reduced and may later be destroyed
by pulverization.
Mummification is observed in warm countries where evaporation of body fluid takes place earlier and
faster than decomposition. Death in deserts, like in Egypt, the body has more tendency to mummify.
However, a mummified body may after a time be attacked by moths and verm ins causing destruction.
Kinds of Mummification:
● (1) Natural Mummification; When a person is buried in hot, arid, sandy soil, there will be
insufficient moisture for the growth and multiplication of putrefactive bacteria. The body will
become dehydrated and mummified which is caused by the forces of nature.
● (2) Artificial Mummification: The principles involved in artificial mummification are:
● (a) Acceleration of the evaporation of the tissue fluid of the body before the actual
onset of decomposition.
● (b) Addition of some body preservatives to inhibit decomposition and to allow
evaporation of fluid. This is made by treatment of the body with arsenic, formalin,
resinous or tarry materials.
· Saponification
● This is a condition wherein the fatty tissues of the body are transformed to soft
brownish-white substance known as adipocere. The layer of subcutaneous tissue is the
frequent site of its formation. It occurs naturally in the visceral organs and even in non-fatty
tissues of the body like the muscles.
Adipocere is a waxy material, rancid or moldy in odor, floats in water, and dissolves in ether and alcohol.
With diluted solution of copper sulfate, it gives a light greenish-blue color. It is inflammable and burns
with a faint yellow flame. When distilled it produces a dense oily vapor.
DIFFERENTIATE
1. Brain death | Cardio-Respiratory death (page 112)
i. Brain Death — Death occurs when there is deep irreversible coma, absence of
electrical brain activity and complete cessation of all the vital functions without possibility of
resuscitation.
ii. Cardio-Respiratory Death — Death occurs when there is a continuous and
persistent cessation of heart action and respiration. Cardio-respiratory death is a condition in which
the physician and the members of the family pronounced a person to be dead based on the common
sense or intuition.
2. Legally dead | Medically dead
- When a person can be considered legally and medically dead? (page 113)
- Legally Dead - recognition under the law of a particular jurisdiction that a person is no
longer alive
- Art. 390, Civil Code and Sec. 5(x), Rule 131, Rules of Court:
After an absence of seven years, it being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for those of succession. The absentee
shall not be presumed dead for the purpose of opening his succession till after an absence
 of ten years. If he disappeared after the age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may be opened. Contusion (Bruise) Post-mortem hypostasis
- Medically Dead is the state of the body in which there is complete, persistent and continuous
cessation of the vital functions of the brain, heart and lungs which maintain life and health.
a. Below the epidermis in a. In the epidermis or in
3. Rigor Mortis | Cadaveric Spasm | Muscular Contraction (page 129) (Please see book for better distinction) the true skin in small the cutis, as a simple stain
a. Rigor Mortis – The whole body becomes rigid due to the contraction of the muscles. These bruises or extravasations, or a showing through the
develop three to six hours after death and may last from twenty-four hours to thirty-six hours. (page below this in larger ones, epidermis of underlying
126) and often much deeper en gorged capillaries.
b. Cadaveric Spasm - This is the instantaneous rigidity of the muscles which occurs at the moment still. The reason is
obvious, viz., that the b. Cuticle unabraded,
of death due to extreme nervous tension, exhaustion and injury to the nervous system or injury to the
epidermis has no because the hypostasis is
chest. It is principally due to the fact that the last voluntary contraction of muscle during life does
blood-vessels to be a mere sinking of the
not stop after death but is continuous with the act of cadaveric rigidity. (page 128)
ruptured. blood; there is no trauma.
4. Ante-mortem clot | Post-mortem clot (page 131)
A. Ante-mortem clot b. Cuticle was probably
a. Firm in consistency abraded by the same
b. Surface of the blood vessel raw after the clots are removed. violence that produced the
c. Clots homogeneous in construction so it cannot be stripped into layers. bruise. In small punctures,
d. Clot with uniform color. such as flea bites, this is
B. Post-mortem clot not observed.
a. Soft in consistency
b. Surface of the blood vessels smooth and healthy after the clots are removed. EXPLAIN | DISCUSS
c. Clots can be stripped off in layers. Examination of the Heart (p.117)
d. Clot with distinct layer. - One method of detecting the cessation of Heart Action and Circulation.

Ways of examination:
5. Hypostatic lividity | Diffusion lividity (page 132)
(1) Palpation of the Pulse:
A. Hypostatic Lividity:
Pulsation of the peripheral blood vessels may be made at the region of the wrist or at the neck.
a. The blood merely gravitates into the most dependent portions of the body but still inside
The pulsation of the vessels is synchronous with the heart beat. Occasionally the pulsation is very
the blood vessels and still fluid in form. Any change of position of the body leads to the
imperceptible and irregular that the examiner experience much difficulty.
formation of the lividity in another place. This occurs during the early stage of its formation.
B. Diffusion Lividity:
(2) Auscultation for the Heart Sound at the Precordial Area:
a. This appears during the later stage of its formation when the blood has coagulated inside
The rhythmic contraction and relaxation of the heart is audible through the stethoscope. Heart
the blood vessels or has diffused into the tissues of the body. Any change of position will not
sound can be audible during life even without the aid of a stethoscope by placing the ear at the
change the location of the lividity.
precordial area.
Errors in the Method of Determining Heart Action:
6. Contusion (Bruise) | Post-mortem hypostasis (page 133) (a) The heart itself may, like other muscles, be in a state of apparent and not real death.
(b) The heart sound may not always be appreciable to the ear even with the aid of the
Copied from Steph, same with the book. stethoscope.
Difficulties in Auscultation may be Encountered in:
 (a) Stout person.
(b) Fatty degeneration of the heart.
(c) Pericardial effusion.
(3) Flouroscopic Examination:
Fluoroscopic examination of the chest will reveal the shadow of the heart in its rhythmic
contraction and relaxation. The shadow may be enlarged and the excursion made less visible due to
pericardial effusion.
(4) By the Use of Electrocardiograph:
The heart beat is accompanied by the passage of electrical charge through the impulse
conducting system of the heart which may be recorded in an electrocardiograph machine. The
electrocardiograph will record the heart beat even if it is too weak to be heard by auscultation. This is the
best method of determining heart action but quite impractical.
Examination of the Peripheral Circulation (p.118)
- Another method of detecting the cessation of Heart Action and Circulation.
Ways of examination:
(1) Magnus'Test:
A ligature is applied around the base of a finger with moderate tightness. In a living person there
appears a bloodless zone at the site of the application of the ligature and a livid area distal to the ligature.
If such ligature is applied to the finger of a dead man, there is no such change in color. The color of the
area where the ligature is applied will be the same as that one distal to it. There may be no appreciable
change of color if a living person is markedly anemic.
(2) Opening of Small Artery:
In the living, the blood escapes in jerk and at a distance. In a dead man, the blood vessel is white
and there is no jerking escape of blood but may only ooze towards the nearby skin. When bigger arteries
are cut, blood may flow without pressure continuously.
(3) Icard's Test:
This consists of the injection of a solution of fluorescein subcutaneously. If circulation is still
present, the dye will spread all over the body and the whole skin will have a greenish-yellow discoloration
due to flourescein. In a dead man, the solution will just remain at the site of the injection. This test should
be applied only with the use of the daylight as the color is difficult to be appreciated with the use of
artificial light.
(4) Pressure on the Fingernails:
If pressure is applied on the fingernails intermittently, there will be a zone of paleness at the site of
the application of pressure which become livid on release. There will be no such change of color if the
test is applied to a dead man.
(5) Diaphanous Test:
The fingers are spread wide and the finger webs are viewed through a strong light. In the living,
the finger webs appear red but yellow in the dead. The finger webs may appear yellow in a strong light
even if living in cases of anemia or carbon monoxide poisoning.
(6) Application of Heat on the Skin:
If heated material is applied on the skin of a dead man, it will not produce true blister. There is no
sign of congestion, or other vital reactions. But if applied to a living person, blister formation, congestion,
and other vital reactions of the injured area will be observed.
(7) Palpation of the Radial Pulse:
Palpation of the radial artery with the fingers, one will feel the rhythmic pulsation of the vessel due
to the flow of blood. No such pulsation will be observed in a dead man.
(8) Dropping of Melted Wax:
Melted sealing wax is dropped on the breast of a person. If the person is dead, there will be no
inflammatory edema at the neighborhood of the dropped melted wax
CESSATION OF RESPIRATION (p.119)
- Like heart action, cessation of respiration in order to be considered as a sign of death must be
continuous and persistent. A person can hold his breath for a period not longer than 3-1/2 minutes. In
case of electrical shock, respiration may cease for sometime but may be restored by continuous artificial
respiration.
In the following conditions there may be suspension of respiration without death ensuing.
a. In a purely voluntary act, as in divers, swimmers, etc. but it cannot be longer than two
minutes.
b. In some peculiar condition of respiration, like Cheyne-Stokes respiration, but the apneic
interval cannot be longer than fifteen to twenty seconds;
c. In cases of apparent drowning;
d. Newly-born infants may not breathe for a time after birth and may commence only after
stimulation or spontaneously later.
Methods of Detecting Cessation of Respiration:
a. Expose the chest and abdomen and observe the movement during inspiration and expiration.
 b. Examine the person with the aid of a stethoscope which is placed at the base of the anterior
aspect of the neck and hear sound of the current of air passing through the trachea during each phase of
respiration.
c. Examination with a Mirror:
The surface of a cold-looking glass is held in front of the mouth and nostrils. If there is
dimming of the mirror after a time, there is still respiration. The dimming of the cold mirror is due to
the condensation of the warm moist air exhaled from the lungs if respiration is still going on.
However, it must not be forgotten that the dimming of the mirror may be due to the expulsion of
the air from the lungs due to the contraction of the diaphragm in rigor mortis. Ordinarily there is no
dimming of the mirror when the subject is dead.
d. Examination with a Feather or Cotton Fibers:
Place a fine feather or a strip of cotton in front of the lips and nostrils. If there is movement
of the feather or cotton not due to external air, respiration is present. The feather or cotton fibers
will be blown away during expiration and towards the nose and mouth during inspiration. This is
not a reliable test as the slightest movement of outside air or nervousness of the observer will
move the feather or cotton fibers.
e. Examination with a Glass of Water:
Place a glass half full of water at the region of the chest. If the surface of the water is
smooth and stable, there is no respiration taking place, but if it waves or water movement is
observed, then respiration is taking place. This is not a good test because of the difficulty of
preventing movement of the place where the body lies.
f. Winslow's Test:
There is no movement of the image formed by reflecting artificial or sun light on the water
or mercury contained in a saucer and placed on the chest or abdomen if respiration is not taking
place. The reflection is utilized to magnify the movement of the surface of mercury or water.
Estimating time of death based on temperature (p.122)
a. When the body temperature is normal at the time of death, the average rate of fall of the
temperature during the first two hours is one-half of the difference of the body temperature and that of
the air. During the next two hours, the temperature fall is one-half of the previous rate, and during the
succeeding two hours, it is one-half of the last mentioned rate. As a general rule the body attains the
temperature of the surrounding air from 12 to 15 hours after death in tropical countries
b. To make an approximate estimate of the duration of death from the body temperature, the
following formula has been suggested:
(Normal Temperature) 98.4°F — (Rectal Temperature)
Approximate number of hours after death
This formula is only applicable to cases where the rectal temperature has not yet assumed the
temperature of the surroundings, otherwise, the result will be constant.
c. Chemical Method:
Schourup's formula for the determination of the time of death of any cadaver whose cerebro-spinal
fluid is examined for the concentrations of lactic acid (L.A.), non-protein nitrogen (N.P.N.) and amino acid
(A.A.) and whose axillary temperature has been taken at the time the cerebro-spinal fluid has been
removed.
The lactic acid content of the cerebro-spinal fluid rises from 15 mg. to over 200 mg. per 100 cc.
The rise is rapid during the first 5 hours following death. The non-protein nitrogen (N.P.N.) increases from
15 to 40mg. per 100 cc. during the first 15 hours. This test is modified by ante-mortem anemia and rapid
cooling of the body.
Amino-acids (A.A.) increases from 1 mg. to 12 mg. percent during the first 15 hours, but the result
is modified by rapid cooling of the body.
Limitations of the Schourup's Formula:
a. The method is only applicable to adults, as the rate of biochemical change in a child is far more
rapid than in adult. It is the value to person over the age of 15 years.
b. The cerebrospinal fluid must be free of blood, the presence of which raises the lactic
concentration.
c. Injuries must not have allowed the escape of cerebrospinal
d. Death must have occurred' within a period 15 hours prior to the withdrawal of the sample of
cerebrospinal fluid, as after that time the changes in the concentration per time unit become irregular
Changes in the muscles after death (p.126)
After death, there is complete relaxation of the whole muscular system. The entire muscular
system is contractile for three to six hours after death, and later rigidity sets in. Secondary relaxation of
the muscles will appear just when decomposition has set in.
The Entire Muscular Tissue Passes Three Stages After Death:
a. Stage of primary flaccidity (post-mortem muscular irritability):
The muscles are relaxed and capable of contracting when stimulated. The pupils are
dilated, the sphincters are relaxed, and there is incontinence of urination and defecation.
b. Stage of post-mortem rigidity (Cadaveric rigidity, or Death struggle of muscles or Rigor
Mortis):
The whole body becomes rigid due to the contraction of the muscles. This develops
three to six hours after death and may last from twenty-four to thirty-six hours.
c. Stage of secondary flaccidity or commencement of putrefaction (Decay of the muscles):
The muscles become flaccid, no longer capable of responding to mechanical or
electrical stimulus and the reaction becomes alkaline.
a. Stage of Primary Flaccidity or Period of Muscular Irritability:
Immediately after death, there is complete relaxation and softening of all the muscles of the body.
The extremities maybe flexed, the lower jaw falls, the eyeball loses its tension, and there may be
incontinence of urination and defecation. To determine whether the muscles are still irritable, apply
electric current and note whether there is still irritability of the muscles. Normally, during the stage of of the cells. There is also a change in the staining capacity and become desquamated from the
primary flaccidity, the muscles are still contractile and react to external stimuli, mechanical or electrical underlying layers
owing to the presence of molecular life after somatic death. This stage usually lasts about three to six
hours after death. In warm places, the average duration is only one hour and fifty one minutes ENUMERATE
Chemically, the reaction of the muscle is alkaline and the normal constituents of the individual ● Kinds of death (p.112)
muscle proteins are the same as in life. 1. Brain death
b. Stage of Post-mortem Rigidity, or Cadaveric Rigidity, or Death Stiffening, or "Death 2. Cardio-respiratory death
Struggle of Muscles" or rigor mortis:
Three to six hours after death the muscles gradually stiffen. It usually starts at the muscles ● Signs of death (p.117)
of the neck and lower jaw and spreads downwards to the chest, arms, and lower limbs. Usually
the whole body becomes stiff after twelve hours. All the muscles are involved — both voluntary 1. Cessation of heart action and circulation
and involuntary. In the heart, rigor mortis may be mistaken for cardiac hypertrophy. Chemically,
2. Cessation of respiration
there is an increase of lactic acid and phosphoric content of the muscle. The reaction becomes
acidic. There is no definite explanation as to how such contraction of muscles occurs although it 3. Cooling of the body
has been proven that there is coagulation of the plasma protein. In the medico-legal view point,
post-mortem rigidity may be utilized to approximate the length of time the body has been dead. In 4. Insensibility of the body and loss of the power to move
temperate countries it usually appears three to six hours after death, but in warmer countries it 5. Changes in the skin
may develop earlier. In temperate countries, rigor mortis may last for two or three days but in
tropical countries the usual duration is twenty-four to forty-eight hours during cold weather and 6. Changes in and about the eye
eighteen to thirty-six hours during summer. When rigor mortis sets in early, it passes off quickly
7. Action of heat on the skin
and vice versa.
● Factors delaying cooling of the body in death (body & surroundings) (p.121)
Physical Characteristics of Post-mortem Lividity: (p.132) 1. Acute pyrexial diseases
(1) It occurs in the most extensive areas of the most dependent portions of the body. 2. Sudden death in good health
(2) It only involves the superficial layer of the skin. 3. Obesity of person
(3) It does not appear elevated from the rest of the skin. 4. Death from asphyxia
(4) The Color is uniform but the color may become greenish at the start of decomposition. 5. Death of the middle age
(5) There is no injury of the skin.
● Factors accelerating cooling of the body in death (body & surroundings) (p.121)
AUTO LYTIC OR AUTODIGESTTVE CHANGES AFTER DEATH: 1. Leanness of the body
After death, proteolytic, glycolytic and lipolytic ferments of glandular tissues continue to act which 2. Extreme age
lead to the autodigestion of organs. This action is facilitated by weak acid and higher temperature. It is 3. Long-standing or lingering illness
delayed by the alkaline reaction of the tissues of the body and low temperature. Their early appearance 4. Chronic pyrexial disease associated with wasting
is observed in the parenchymatous and glandular tissues.
Autolytic action is seen in the maceration of the dead fetus inside the uterus. The stomach may be ● Stages of Muscle Reaction after death (p.126)
perforated, glandular tissues become soft after death due to autodigestion and the action of autolytic 1. Stage of Primary Flaccidity or Period of Muscular Irritability
enzymes. 2. Stage of Post-mortem Rigidity, or Cadaveric Rigidity, or Death Stiffening, or "Death Struggle
Microscopic examination of the tissues under the influence of autolytic enzymes shows of Muscles" or rigor mortis
disintegration, swelling or shrinkage, vacuolization and formation of small granules within the cytoplasm 3. Stage of secondary flaccidity or commencement of putrefaction (Decay of the muscles)
● Kinds of post-mortem lividity (p.132) 8. Amount of Urine in the Bladder
1. Hypostatic Lividity 9. State of the Clothings
2. Diffusion Lividity 10. Chemical Changes in the Cerebrospinal Fluid (15 Hours Following Death)
11. Post-mortem Clotting and Decoagulation of Blood
● Factors modifying Rate of Putrefaction (p.138) 12. Presence or Absence of Soft Tissues in Skeletal Remains
13. Condition of the Bones
a. Internal factors

1. Age

2. Condition of the body

CHAPTER 5
MEDICO-LEGAL INVESTIGATION OF DEATH
3. Cause of death

b. External factors
I. DEFINE
1. Free air • Inquest Officer •
2. Earth is an official of the state charged with the duty of inquiring into certain matters. An inquest
officer is the one charged with the duty of investigating the manner and cause of death of a
3. Water
person. He is authorized to summon witnesses and direct any person to perform or assist in the
4. Clothing
investigation when necessary. (p 156)
● Factors influencing changes of the body after burial (p.141) • Autopsy
1. State of the Body Before Death • is a comprehensive study of a dead body, performed by a trained physician employing
2. Time Elapsed between Death and Burial and Environment of the Body
3. Effect of Coffin
recognized dissection procedure and techniques. It includes removal of tissues for further
4. Clothings and Any Other Coverings on the Body when Buried examination. (p 163)
5. Depth at which the Body was Buried • Negative Autopsy
6. Condition and Type of Soil
• An autopsy is called a negative autopsy if after all efforts, including gross and microscopic
7. Inclusion of Something in the Grave which will Hasten Decomposition
8. Access of Air to the Body After Burial studies and toxicological analyses, fail to reveal a cause of death. It is an autopsy which after a
9. Mass Grave meticulous examination with the aid of other examinations does not yield any definite cause of
10. Trauma on the Body
death. (p 179)

● Considerations in the duration of death determination (p.151) • Negligent Autopsy

1. Presence of Rigor Mortis • An autopsy wherein no cause of death is found on account of imprudence, negligence,
2. Presence of Post-mortem Lividity
lack of skill or lack of foresight of the examiner. (p 180)
3. Onset of Decomposition
4. Stage of Decomposition
5. Entomology of the Cadaver II. KNOW
6. Stage of Digestion of Food in the Stomach • Crime Scene Investigation
7. Presence of Live Fleas in the Clothings in Drowning Cases
 • Crime scene investigation includes appreciation of its condition and drawing an inference
from it. It also includes the collection of the physical evidences that may lead to the identity of the
perpetrator, the manner the criminal act was executed, and such other things that may be useful in
the prosecution of the case. (p 160)
• Equipment needed in CSI
• Those needed in the search of physical evidence — Flashlight and magnifying lens.
• Those needed in the collection of evidence — forceps, knife, screw driver, scalpel, cutting
instruments like plier, pair of scissors and fingerprint kit.
• Those needed in the preservation and transportation of evidence collected —Bottles,
envelopes, test tubes, pins, thumb tacks, labelling tag and pencil.
• Those necessary for the documentation of the scene — Photographic camera, sketching
kit, measuring tape, compass, chalk or any writing instrument. (p 160)
• Disposal of collected Evidence
• All evidences collected must be protected, identified and preserved. Reasonable degree
of care must be exercised to preserve shape, to minimize alterations due to contamination,
chemical changes, addition of extraneous substances. In the process of transferring of the
evidences, the number of persons who handle them must be kept at a minimum and each transfer
should be receipted. (p 162)
• Examination of the dead body in the CS
• After a complete search, the investigating physician must make a thorough inspection of
the dead body. Special consideration must be made on the following:
• a. Evidences which will tend to prove identity.
• b. Position of the victim.
• c. Condition of the apparel worn.
• d. Approximate time of death.-
• e. Presence of wounding instrument and its approximate distance from the body.
• f. Potential cause of death.
• In a death by gunshot, the clothing must be left Undisturbed at the crime scene. A lot of
information may be gathered from it:
• a. The bullet might have produced an exit on the skin but failed to cause mark or
tear on the clothings which through improper handling may not be recovered.
• b. Examination "in situ" may be useful in the determination of the site of entrance and exit
of the bullet and also the trajectory of the shot. (p 163)
• Advantages of starting autopsy on the head
‣ Examination of the Head
‣ If the autopsy starts on the chest or abdomen, excision of the organs will cause the
blood content of the brain and the meninges to necessarily lose its original pattern;
‣ There is the unavoidable contamination of the body associated with the autopsy,
which prevents liable culturing of microorganisms from the cranial contents;
‣ Manipulation of other blood vessels, specially at the neck may result in air bubbles'
being artificially drawn into the cerebral vessels, impairing fair evaluation of air embolism
that might have occurred during life. (p 171)
‣ Abdominal and Chest Wall Examination
‣ Abdominal Cavity
‣ Neck Organs
‣ Extremities
• Laws involved in INVESTIGATION OF DEATH:
‣ People authorized to investigate death
‣ Sec. 983, Revised Administrative Code — The district health officer, upon the request of
any provincial fiscal of a province within his district, or of any judge of a Court of the First Instance
(now Regional Trial Court), or of any justice of the peace (now, Municipal Trial Court), shall
conduct in person, when practicable, investigations in cases of death where there is suspicion that
death was caused by the unlawful act or omission of any person, and shall make such other
investigations as may be required in the proper administration of justice. (p. 156)
‣ Sec. 38, Rep. Act 409 as amended by Rep. Act. 1934 (Revised Charter of the City of
Manila) — The City Fiscal shall also cause to be investigated the cause of sudden deaths which
have not been satisfactorily explained and when there is suspicion that the cause arose from the
unlawful acts or omissions of other person, or from foul play, and, in general, victims of violence,
 sex crimes, accidents, self-inflicted injuries, intoxications, drug addiction, states of malingering and
mental disorders, which occur within the jurisdiction of the City of Manila, and the examination of
evidences and telltale marks of crimes. For that purpose, he may cause autopsies to be made and
shall be entitled to demand and receive for purposes of the office of the medical examiner, or the
criminal investigation laboratory of the Manila Police Department, or subject to the rules and
conditions previously established by the Secretary of Justice, the aid of the medico-legal section
of the National Bureau of Investigation. If in case the fiscal of the city deems it necessary to have
further expert assistance for the satisfactory performance of his duties in relation with
medico-legal matters or knowledge, including the giving of medical testimony in the courts of
justice, he shall request the same, in the same manner and subject to the same rules and
conditions as above specified, from the office of the medical examiner, or from the criminal
investigation laboratory of the Manila Police Department, or from the medico-legal officer of the
said bureau, who shall thereupon furnish the assistance required in accordance with his powers
and facilities. He shall at all times render such professional services as the Mayor or board may
require and shall have such powers and perform such other duties as may be prescribed by law or
ordinance. (p. 156-157) ‣ Sec. 983, Revised Administrative Code (p. 157)
Act creating the NBI
‣ Rep. Act. 157 (An act creating the National Bureau of Investigation).
‣ Sec. 1. — There is hereby created a Bureau of Investigation under the Department of
Justice which shall have the following functions:
‣ (a) To undertake investigations of crimes and other offenses against the laws of the
Philippines, upon its own initiative and as public interest may require;
‣ (b) To render assistance, whenever properly requested in the investigation or
detection of crimes and other offenses;
‣ (c) To act as a national clearing house Of criminal and other information for the
benefit of all prosecuting and law enforcement entities of the Philippines, identification
records of all persons without criminal convictions, records of identifying marks,
characteristics, and ownership or possession of all firearms as well as the test bullets fired
therefrom;
‣ (d) To give technical aid to all prosecuting and lawenforcement officers and entities
of the Government as well as courts that may request its services;
‣ (e) To extend its services, whenever properly requested in the investigation of
cases of administrative or civil nature in which the government is interested;
‣ (f) To undertake the instruction and training of a representative number of city and
municipal peace officers at the request of their respective superiors along effective methods
of crime investigation and detection in order to insure greater efficiency in the discharge of
their duties;
‣ (g) To establish and maintain an up-to-date scientific crime laboratory and to
conduct researches in the furtherance of scientific knowledge in criminal investigation;
‣ (h) To perform such other related functions as the Secretary (now Minister) of
Justice may assign from time to time. (p. 157-158)
‣ Sec. 5. — The members of the investigation staff of the Bureau of Investigation shall be
peace officers, and as such have the following powers:
‣ (a) To make arrests, searches, and seizures in accordance with existing laws and
rules;
‣ (b) To issue subpoena or subpoena duces tecum for the appearance at
government expense of any person for investigation;
‣ (c) To take and require sworn truthful statements of any person or person so
summoned in relation to cases under investigation, subject to constitutional restrictions;
‣ (d) To administer oaths upon cases under investigation;
‣ (e) To possess suitable and adequate firearms for their personal protection in
connection with their duties and for the proper protection of witnesses and persons in
custody; Provided, that no previous special permit for such possession shall be required;
‣ (f) To have access to all public records and, upon authority of the President of the
Philippines in the exercise of his visitorial powers, to record of private parties and concerns.
(p. 158)
‣ Nearest Kin
‣ Right person to give consent for autopsy
‣ Death caused by Suspected Violence or crime
‣ Persons authorized to perform autopsy

III. DIFFERENTIATE
• Autopsy | Post-mortem Examination
• Post-mortem examination refers to an external examination of a dead body without incision
being made, although blood and other body fluids may be collected for examination while; autopsy
indicates that, in addition to an external examination, the body is opened and an internal examination is
conducted. (p. 163)
• Hospital (Pathological) or Non-Official Autopsy | Medico-Legal or Official Autopsy
• Hospital or non-official autopsy is an autopsy done on a human body with the consent of the
deceased person's relatives for the purposes of: (1) determining the cause of death; (2) providing
correlation of clinical diagnosis and clinical symptoms; (3) determining the effectiveness of therapy; (4)
studying the natural course of disease process; and (5) educating students and physicians while
Medico-Legal or official autopsy is an examination performed on a dead body for the purposes of: (1)
determining the cause, manner (mode), and time of death; (2) recovering, identifying, and preserving
evidentiary material; (3) providing interpretation and correlation of facts and circumstances related to
death; (4) providing a factual, objective medical report for law enforcement, prosecution, and defense
agencies; and (5) separating death due to disease from death due to external cause for protection of the
innocent. (p. 163-164)
IV. EXPLAIN | DISCUSS
• Importance of Crime Scene Investigation
• A great amount of physical evidence may be lost or unrecovered if the investigation merely starts
at the autopsy table or in the medical examining room. Blood, semen and other stains, latent finger and
footprints, and articles of value that may lead to the identification of the offender and victim may be
beyond the comprehension of the investigator if the crime scene is not investigated.
• In violent death.cases, the manner and cause of death may be inferred from the condition of the
crime scene. The condition of the crime scene may indicate struggle, handgun firmly grasped in the palm
of the hand of the deceased may indicate suicide, the presence of a great quantity of shed blood may
infer hemorrhage as the cause of death of the victim.
• The investigator has the earliest possible opportunity to interview persons who have knowledge
of the circumstances of actual events in the commission of the criminal act. The proximity of the narration
to the actual occurrence makes it reliable than those given after a lapse of time. (p. 160)
• Salient features peculiar to ML autopsies
• a. Clinical history of the deceased in most instances absent, sketchy or doubtful.
• b. The identity of the deceased is the responsibility of the forensic pathologist.
• c. The time of death and the timing of the tissue injuries must be answered by the forensic
pathologist.
• d. The forensic pathologist must alert himself of the possible inconsistencies between the
apparent cause of death and his actual findings in the crime scene.
• e. A careful examination of the external surface for possible trauma including the clothings to
determine the pattern of injuries in relation to the injurious agent.
• f. The autopsy report is written in a style that will make it easier for laymen to read and more
clearly organized insofar as the mechanism of death is concerned.
• g. The professional and environmental climate of a forensic pathologist is with the courts,
attorneys and police who make scrutiny of the findings and conclusion. (p. 167)
• PROCEDURE OF AUTOPSY
‣ Guidelines in the Performance of Autopsy
‣ 1. Be it an official (medico-legal) or non-official autopsy, the pathologist must be properly
guided by the purposes for which autopsy is to be performed. In so doing the purpose of such
dissection will be served.
‣ 2. The autopsy must be comprehensive and must not leave some parts of the body
unexamined. Even if the findings are already sufficient to account for the death, these should not
be a sufficient reason for the premature termination of the autopsy. The existence of a certain
disease or injury does not exclude the possibility of another much more fatal disease or injury. The
findings of coronary disease does not exclude the probability of injury or poisoning.
‣ 3. Bodies which are severely mutilated, decomposing or damaged by fire are still suitable
for autopsy. No matter how putrid or fragmentary the remains are, careful examination may be
productive of information that bears the identity and other physical trauma received. Frequently a
pathologist's reluctance to perform an autopsy on decomposed body is due to the odor or vermin ‣ Weigh and measure everything that can be weighed or measured. (p. 169)
rather than to his belief that the examination would not be productive. • Religious Objections to Autopsy
‣ 4. All autopsies must be performed in a manner which show respect of the dead body.
Unnecessary dissection must be avoided. V. ENUMERATE
‣ 5. Proper identity of the deceased autopsied must be established in nonofficial autopsy. • The person in the government authorized to make death investigations
An autopsy on a wrong body may be a ground for damages.Precautions to be observed • Provincial and city fiscals
‣ 6. A dead body must riot be embalmed before the autopsy. The embalming fluid may • Regional Trial Court Judges
render the tissue and blood unfit for toxicological analyses. The embalming may alter the gross • Municipal Trial Court Judges
appearance of the tissues or may result to a wide variety of artifacts that tend to destroy or • Director of the National Bureau of Investigation
obscure evidence. An embalmer who applied embalming fluid on a dead body which in its very • Chief of Police of Manila • Solicitor General (p. 156-159)
nature is a victim of violence is liable for his wrongful act. • Stages of Medico-Legal Investigation
‣ 7. The body must be autopsied in the same condition when found at the crime scene. A • Crime Scene Investigation
delay in its performance may fail or modify the possible findings thereby not serving the best • Autopsy (p. 159)
interest of justice. (p. 168-169) • Composition of the Search Team
• A physician who has had previous knowledge and training in medico-legal investigation must
‣ Precautions to be observed direct the search and assume responsibility for an effective search.
‣ 1. The physician must have all the necessary permit or authorization to perform such an • A photographer who will take pictures of the scene and the pieces of evidence recovered. He
examination. Such permit must be issued by the inquest officer. The absence of such may also act as sketcher and measurer.
authorization may hold the physician civilly and criminally liable. • An assistant who will act as the note taker, evidence collector and helper. He must have previous
‣ 2. The physician must have a detail history of the previous symptoms and condition of knowledge and training in evidence collection. (p. 160)
deceased to be used as his guide in the post-mortem examination.
‣ 3. The true Identity of the deceased must be ascertained. If no one claims the body, a • Methods of Conducting Search
complete date to reveal his identity must be • Strip method
‣ 4. Examination must be made in a Well-lighted place and it is advisable that no • Double strip or grid method
unauthorized person should be present. taken. • Spiral method
‣ 5. All external findings must be properly described and if possible a sketch must be made • Wheel method
or photograph must be taken to preserve the evidence. • Zone method (p. 162)
‣ 6. All steps and findings in the examination must be recorded. (p. 169) • Kinds of autopsies
‣ Rules in the Examination • Hospital or Non-official Autopsy
‣ Look before you cut. • Medico-legal or Official Autopsy (p. 163)
‣ Never cut unless you know exactly what you are cutting.
• Who can give the consent for autopsy • a. Examination of the Surroundings (Crime Scene) — Attention must be focused on the
• The spouse; furniture; bullet holes on the ceiling, floor and walls; amount, color, shape and degree of spread of
• The descendants of the nearest degree; the blood stains, position of the wounding weapon; foot and fingerprints and hairs and clothes.
• The ascendants, also of the nearest degree; • b. Examination of the Clothings — Look for marks to establish identity, kind and quality of
• The brothers and sisters (p. 164) the garment, stains, grease, cut and "tear or other marks of resistance and violence.
• When shall autopsy be performed • c. Identity of the Body — Determine the height, weight, color of the hair and eyes,
• Whenever required by special laws; complexion, condition and number of teeth, bodily deformity, scars and tattoo marks, clothings,
• Upon order of a competent court, a mayor and a provincial or city fiscal; dog tag and fingerprints.
• Upon written request of police authorities;
• Whenever the Solicitor General, Provincial or city fiscal as authorized by existing laws, shall • 2. External Examination:
deem it necessary to disinter and take possession of the remains for examination to determine the cause • a. Examination of the Body Surfaces — Inspect the natural orifice of the body. All wounds
of death; and must be described in detail, blood stains and foreign bodies.
• Whenever the nearest kin shall request in writing the authorities concerned in order to ascertain • b. Determination of the Position and Approximate Time of Death — In this stage, the
the cause of death. (Sec. 95 (b), P.D. 856, Code of Sanitation);(p. 165) presence and degree of hypostasis, rigor mortis and putrefaction and color of the blood stain must
• Persons authorized to perform autopsy be noted. Examination of the hands for the presence of cadaveric spasm and wounding weapon
• Health Officers; may be necessary for the proper solution of the crime.
• Medical officers of law enforcement agencies; and
• Members of the medical staff of accredited hospitals. (Sec. 95 (a) P.D. 856); (p. 165) • 3. Internal Examination:
• Examine all body orifices for blood and foreign bodies. Blood coming out of the nostrils
• Manner of deaths that SHOULD be autopsied may imply fracture on the base of the anterior cranial fossa. Hemorrhage of the ears may imply
• Death by violence. fracture of the middle cranial fossa. (p. 170)
• Accidental death.
• Suicides. • Mistakes in Autopsies
• Sudden death of persons who are apparently in good health. • 1. Error or omission in the collection of evidence for identification:
• Death unattended by physician. • a. Failure to make frontal, oblique and profile photographs of the face;
• Death in hospitals or clinics (D.O.A.) wherein a physician was not able to arrive at a clinical • b. Failure to have fingerprints made;
diagnosis as the cause of death. • c. Failure to have a complete dental examination performed.
• Death occurring in an unnatural manner. (p. 167) • 2. Errors or omission in the collection of evidence required for establishing the time of death:
• a. Failure to report the rectal temperature of the body;
• Stages in the Post-Mortem Examination • b. Failure to observe changes that may occur in the intensity and distribution of rigor
• 1. Preliminary Examination: mortis — before, during and after autopsy.
 • c. Failure to observe the ingredients of the last meal and its location in the alimentary
tract.
• 3. Errors or omission in the collection of evidence required for other medico-legal examination:
• a. Failure to collect specimens of blood and brain for determination of the contents of
alcohol and barbiturates;
• b. Failure to determine the blood group of the dead person if death by violence was
associated with external bleeding;
• c. Failure to collect nail scrapings and samples of hair if there is reasonable chance that
death resulted from assault.
• d. Failure to search for seminal fluid if there is a reasonable chance that the fatal injuries
occurred incident to a sexual crime;
• e. Failure to examine clothings, skin and the superficial portion of the bullet tract for
residue of powder, and the failure to collect samples of any residue for the purpose of
chemical identification;
• f. Failure to use an X-ray for locating a bullet or fragments of bullet if there is any doubt
with regard to their presence and location;
• g. Failure to protect bullet from defacement, such as is likely to occur if they are handled
with metal instruments.
• h. Failure to collect separate specimens of blood from the right and left sides of the heart
in instances in which the body was recovered from water.
• i. Failure to strip the dura mater from the calvaria and base of the skull. Many fractures of
the skull have been missed because the pathologist did not expose the surface of the
fractured bone.
• 4. Errors or omission result in the production of undesirable artifacts or in the destruction of valid
evidence:
• a. Opening of the skull before blood is permitted to drain from the superior vena cava. If
the head is opened before the blood drained from it, blood will almost invariably escape into
the subdural and subarachnoidal space, and such an observation may then be interpreted
as evidence of ante-mortem hemorrhage.
• b. The use of a hammer and chisel for opening the skull. A hammer and chisel should
never be used for the purpose in a medico-legal autopsy. Fracture produced by the chisel
are frequently confused with ante-mortem.
• c. Failure to open the thorax under water if one wishes to obtain evidence of
pneumothorax.
• d. Failure to tie the great vessels between sites of transection and the heart when air
embolism is suspected.
• e. Failure to open the right ventricle of the heart and the pulmonary artery in situ if
pulmonary thrombi-embolism is suspected.
• f. Failure to remove the uterus, vagina and vulva en masse if rape or abortion is
suspected. (p. 178-179)
CHAPTER 6
DEFINE
· Cause of Death - is the injury, disease or the combination of both injury and disease
responsible for initiating the trend or physiological disturbance, brief or prolonged, which
produced the fatal termination. (It may be immediate or proximate.)
· Immediate Cause of Death – applies to cases when trauma or disease kill quickly that
there is no opportunity for sequelae or complications to develop. (Ex. Brain laceration as a
result of a vehicular accident)
· Proximate Cause of Death - The injury or disease was survived for a sufficiently prolonged
interval which permitted the development of serious sequelae which actually caused the
death. If a stab wound in the abdomen later caused generalized peritonitis, then peritonitis
is the proximate cause of death.
· Mechanism of Death - is the physiologic derangement or biochemical disturbance
incompatible with life which is initiated by the cause of death. It may be hemorrhagic
shock, metabolic disturbance, respiratory depression, toxemic condition, cardiac arrest,
tamponade, etc.
· DOA – (Dead on Arrival) It may mean that the patient was actually dead on arrival or was
dying on arrival.
· Violent Death - are those due to injuries inflicted in the body by some forms of outside
force. The physical injury must be the proximate cause of death.
· Syncope - This is death due to sudden and fatal cessation of the action of the heart with
circulation included.
· Asphyxia - Asphyxia is a condition in which the supply of oxygen to the blood or to the
tissues or to both has been reduced below normal working level.
· Dyspnea - is the medical term for shortness of breath, sometimes described as “air
hunger.” It is an uncomfortable feeling. Shortness of breath can range from mild and
temporary to serious and long-lasting.
· Coma - Coma is the state of unconsciousness with insensibility of the pupil and
conjunctivae, and inability to swallow, resulting from the arrest of the functions of the
brain.
KNOW
· Instantaneous Physiologic Death - This is sudden death which occurs within seconds or a
minute or two (no more) after a minor trauma or peripheral stimulation of relatively simple
and ordinarily innocuous nature. The peripheral irritation or stimulation initiates the
cardio-vascular inhibitory reflex. The fulminant circulatory failure is caused by
(vagocardiac) slowing or stoppage of the heart, reflex dilatation with profound fall in blood
pressure or a combination of both mechanisms.
· Sudden Infant Death Syndrome (SIDS or Crib Death) - This is the unexpected death of
infants, usually under six months of age, while in apparently good health. The sudden
death cannot be predicted
and there is no way to prevent or foretell on the basis of present knowledge.
· Sudden Unexplained Nocturnal Death (SUND) - This is known as "pok-kuri" disease in
Japan and "bangungut" in the Philippines. It is the sudden death of healthy men of young
age seen in East Asian countries. Awareness of relatives and the prompt delivery of
resuscitation are the only effective means of treatment.
· Deaths due to Natural Cause - This is death caused by a natural disease condition in the
body. The disease may develop spontaneously or it might have been a consequence of
physical injury inflicted prior to its
development.
· Penal Classification of Violent Deaths – (1) Accidental Death; (2) Negligent Death; (3)
Suicidal Death; (4) Parricidal Death; (5) Infanticidal Death; (6) Murder; and (7) Homicidal
Death.
· Pathological Classification of the Causes of Death - An analysis of all deaths from natural
causes will ultimately lead to the failure of the heart, lungs, and the brain, so that death
due to pathological lesions may be classified into: (a) Death from Syncope; (b) Death from
Asphyxia; and (c) Death from Coma. All of the above invariably produce sudden death.
· Death under Special Circumstances – (1) Death caused in a Tumultuous Affray (Art. 251
RPC); (2) Death or Physical Injuries Inflicted under Exceptional Circumstances (Art. 247
RPC).
· Laws involved in CAUSES OF DEATH:
o Impossible Crime - If violence was applied on a dead person, the person inflicting the
physical injuries cannot be guilty of murder, homicide or parricide. The act is considered to
be an impossible crime and
is penalized as such. In order that it may be considered an impossible crime, the person
inflicting the physical injuries must have no knowledge that the victim is already dead at
the time of infliction.
Criminal liability shall be incurred by any person who performs an act which would be an
offense against persons and property, were it not for the inherent impossibility of its
accomplishment. . . (Art. 4, No. 2, Revised Penal Code).
o Criminal Liability of Violence that Accelerates death - If the violence inflicted on a person
suffering from a natural disease only accelerated the death of the victim, the offender
inflicting such violence is responsible for the death of the victim. It is immaterial as to
whether the offender has no intention of killing the victim. The fact that the victim died, the
offender must be held responsible to whatever be the
consequence of his wrongful act.
Criminal liability shall be incurred by any person committing a felony although the wrongful
act done be different from which he intended (Art. 4, No. 1, Revised Penal Code).
o Refusal of Medical Attention - Refusal of the victim to submit to a surgical operation do
not relieve the accused from the natural and ordinary result of the felonious act and does
not relieve him of his criminal liability (U.S. v. Marasigan, 27 Phil. 504).
o Penal Classification of Violent Death –
a) Accidental Death - Death due to misadventure or accident. An accident is something that
happens outside the sway of our will, and although it comes about through some act of will,
lies beyond bounds of human foreseeable consequences.
In a pure accidental death, the person who causes the death is exempted from criminal
liability. (Art. 12, No. 4, Revised Penal Code): Any person who, while performing a lawful
act with due care, causes an injury by mere accident without fault or intention of causing it.
b) Negligent Death - Death due to reckless imprudence, negligence, lack of skill or lack of
foresight. The Revised Penal Code provides that felonies may be committed when the
wrongful act results from imprudence, negligence, lack or foresight or lack of skill.
c) Suicidal Death - The law does not punish the person committing suicide because society
has always considered a person who attempts to kill himself as an unfortunate being, a
wretched person deserving more of pity than of penalty. But a person who gives assistance
to the commission of suicide of another is punishable because he has no right to destroy or
assist in the destruction of the life of another. (Art. 253, Revised Penal Code)
d) Parricidal Death – (Art. 246, Revised Penal Code): Parricide: Any person who shall kill
his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or
descendants, or his spouse, shall be guilty of parricide and be punished by the penalty of
reclusion perpetua to death.
e) Infanticidal Death - Killing of a child less than three days Old. (Art. 265, Revised Penal (a) A person is performing a lawful act.
Code)
(b) He performed it with due care.

(c) He caused injury to another by mere accident.

f) Murder - Art. 248, Revised Penal Code: Murder: Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished (d) He is without fault and with no intention of causing it.
by reclusion temporal in its maximum period of death, if committed with any of the
2. Parricide (Art. 246 RPC)
following circumstances:
Requisites of the Crime:
1. With treachery, taking advantage of superior strength, with the aid of armed men,
or employing means to (a) A person was killed by the offender.
weaken the defense or of means or persons to insure or afford impunity. (b) The person killed was the father, mother, or child, whether legitimate or
2. In consideration of a price, reward or promise. illegitimate in relation with the offender, or other legitimate ascendants, or
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, descendants or spouse of the offender.
derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other 3. Infanticide (Art. 265 RPC)
means involving great waste and ruin; Requisites of the Crime:
4. On occasion of any of calamities enumerated in the preceding paragraph, or of an
(a) A person was killed.
earthquake, eruption of
a volcano, destructive cyclone, epidemic, or any other public calamity; (b) The person killed was a child less than three days old.
5. With evident premeditation;
6. With cruelty, by deliberately inhumanly augmenting the suffering of the victim, or
outraging or scoffing at 4. Murder (Art. 248 RPC)
his person or corpse. Requisites for the Crime of Murder:

(a) The offender killed the victim;

g) Homicidal Death – (Art. 249, Revised Penal Code) Homicide: Any person who, not falling (b) The killing is attended by any of the qualifying circumstances mentioned;
within the provisions of Article 246 shall kill another without the attendance of any of the (c) There was the intent of the offender to kill the victim;
circumstances enumerated in the next preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal. (d) The killing is not parricide or infanticide.

5. Homicide (Art. 249 RPC)

o Requisites of Crime causing Violent Deaths Requisites of the Crime of Homicide:

1. Accidental Death (Art. 12 No. 4 RPC) (a) The victim of a criminal assault was killed;

Elements: (b) The offender killed the victim without any justification;
 (c) There is the intention on the part of the offender to kill the victim and such These rules shall be applicable, under the same circumstances, to parents with respect to
presumption can be inferred from the death of the victim; their daughters under

(d) That the killing does not fall under the definition of the crime of murder, parricide or eighteen years of age, and their seducers, while the daughters are living with their parents.
infanticide.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall
o Death under special circumstances otherwise have

(1) Death Caused in a Tumultuous Affray: (Art. 251, Revised Penal Code) consented to the infidelity of the other spouse shall not be entitled to the benefits of this
article.
When while several persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each other in a
confused and tumultuous manner, and in the course of affray someone is killed, and it
cannot be ascertained who actually killed the deceased, but the person or persons who DIFFERENTIATE
inflicted serious physical injuries can be identified, such person or persons shall be
· Natural Death | Violent Death
punished by prision mayor.
1.Natural Death — It is natural when the fatality is caused solely by disease (lobar
If it cannot be determined who inflicted the serious physical injuries on the deceased, the
pneumonia, ruptured tubal pregnancy, cancerous growth, cerebral hemorrhage due to
penalty of prision
hypertension, etc.).
correccional in its medium and maximum periods shall be imposed upon all those who shall
2.Violent or Unnatural Death — Death due to injury of any sort (gunshot, stab, fracture,
have used violence upon the person of the victim.
traumatic shock, etc.). A physician must not include in the consideration of the manner of
death that such violent death is suicidal, accidental or homicidal.

(2) Death or Physical Injuries Inflicted under Exceptional Circumstances: (Art. 247, Revised
Penal Code)
· Suicide | Homicide | Murder
Any legally married person who, having surprised his spouse in the act of committing
Suicide - The law does not punish the person committing suicide because society has
sexual intercourse with
always considered a person who attempts to kill himself as an unfortunate being, a
another person, shall kill any of them or both of them in the act or immediately thereafter, wretched person deserving more of pity than of penalty.
or shall inflict upon

them any serious physical injury, shall suffer the penalty of destierro.
Homicide - 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.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
Murder - Any person who, not falling within the provisions of article 246 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 following circumstances mentioned in Art. · Questions that must be answered if signs of violence are associated with the Natural
248. cause of death

EXPLAIN | DISCUSS
· Primary purpose of a Medico-legal autopsy – it is the determination of the cause of death.
It must further be shown that the death is the direct and proximate consequence of the
criminal or negligent act of someone. If death developed independent of an unlawful act,
then the person who committed the unlawful act
· Did the Person Die of a Natural Cause and were the Physical Injuries Inflicted
Immediately After Death?
· Was the Victim Suffering from a Natural Disease and the Violence Only Accelerate the
Death ?
· Did the Victim Die of a Natural Cause Independent of the Violence Inflicted?

cannot be held responsible for the death.

· Penal Classification of Violent Deaths and the Requisites

2. Accidental Death (Art. 12 No. 4 RPC)

· Cause of death - is the injury, disease or the combination of both injury and disease
Elements:
responsible for initiating the trend or physiological disturbance, brief or prolonged, which
produce the fatal termination. It may be immediate or proximate. (a) A person is performing a lawful act.

(b) He performed it with due care.

· Immediate or Primary cause of death - – applies to cases when trauma or disease kill (c) He caused injury to another by mere accident.
quickly that there is no opportunity for sequelae or complications to develop. (Ex. Brain
laceration as a result of a vehicular accident) (d) He is without fault and with no intention of causing it.

2. Parricide (Art. 246 RPC)

· Proximate or Secondary cause of death - The injury or disease was survived for a Requisites of the Crime:
sufficiently prolonged interval which permitted the development of serious sequelae which
(a) A person was killed by the offender.
actually caused the death. If a stab wound in the abdomen later caused generalized
(b) The person killed was the father, mother, or child, whether legitimate or
peritonitis, then peritonitis is the proximate cause of death.
illegitimate in relation with the offender, or other legitimate ascendants, or
descendants or spouse of the offender.

· Mechanism of death - is the physiologic derangement or biochemical disturbance 6. Infanticide (Art. 265 RPC)
incompatible with life which is initiated by the cause of death. It may be hemorrhagic Requisites of the Crime:
shock, metabolic disturbance, respiratory depression, toxemic condition, cardiac arrest,
tamponade, etc. (a) A person was killed.
(b) The person killed was a child less than three days old. (c) The fulminant circulatory failure is caused by slowing or stoppage of the
heart, reflex dilatation w/ profound fall in blood pressure or a combination of both
mechanisms.
7. Murder (Art. 248 RPC)
Requisites for the Crime of Murder: · Classification of Trauma or Injuries

(a) The offender killed the victim; 1. Shock (Primary Shock or Delayed/Secondary Shock)

(b) The killing is attended by any of the qualifying circumstances mentioned; 2. Hemorrhage (Primary Hemorrhage or Secondary Hemorrhage)
(c) There was the intent of the offender to kill the victim;
3. Infection
(d) The killing is not parricide or infanticide.
4. Embolism (Fat Embolus or Air Embolism)

8. Homicide (Art. 249 RPC) · Penal Classification of Violent Deaths and the requisites of the crime involved (Answers in
Requisites of the Crime of Homicide: Know and Differentiate)

(a) The victim of a criminal assault was killed; · Pathological Classification of the Causes of Death – (a) Death from Syncope; (b) Death
from Asphyxia; (c) Death from Coma.
(b) The offender killed the victim without any justification;
(c) There is the intention on the part of the offender to kill the victim and such
presumption can be inferred from the death of the victim;
(d) That the killing does not fall under the definition of the crime of murder, parricide
or infanticide.

ENUMERATE

· Manner of Death Classification – (a) Natural Death; and (b) Violent/Unnatural Death

· Medico-Legal classification of the causes of death – (a) Natural; and (b) Violent

· Considerations that death is caused by trauma –

(a) Occurs w/in seconds or a minute or two (no more) after a minor trauma or
peripheral stimulation of relatively simple and ordinarily innocuous nature;

(b) The peripheral irritation or stimulation initiates the cardio-vascular inhibitory

reflex;
 · Suicide or self-destruction is usually the unfortunate consequence of mental illness and social
disorganization. (p. 211)
CHAPTER 7 SPECIAL DEATHS

DEFINE | TERMS
KNOW
· Judicial Death · execution of an offender sentenced to death after conviction by a court of law
Arguments for and against death penalty
of a criminal offense. (Based ha internet) (p. 203 ha book)
Arguments in favor of death penalty (p. 203- 204)
· Capital Punishment · The lawful infliction of death as a punishment; the death penalty.
(Based ha internet) (p. 204 ha book) (1) It is the only method of eliminating the hopeless enemy of society — Escape from prison,
commutation of sentence and pardon are ways that criminals, helped by their friends, escaped life
· Execution · Art 81 of PRC. The Death sentence shall be executed with preference to any
imprisonment.
other and shall consist in putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible
(2) It deters potential criminals as no other form of punishment does.
to mitigate the sufferings of the persons under sentence during electrocution as well as during the
proceedings prior to the execution. If the person under sentence so desire, he shall be anesthesized at (3) Its brutalizing effect is an unproven assumption. — It is contended that if capital punishment is
the moment of the electrocution. properly carried out, instead of brutalizing society, it satisfies the sense of justice and provides
social satisfaction and a sense of protection.

(4) It is the only means whereby society is relieved of the support for those who continually war
· Euthanasia or "mercy killing" is the deliberate and painless acceleration of death of a person
upon it. Society will be relieved of- expenses of maintaining the irreformable criminals who prey
usually suffering from an incurable and distressing disease. It is universally condemned but some
upon it.
advocate its legalization based on humanitarian sentiments
(5) It is a positive selective agency to wipe out the stock of irreformable criminals — Killing the
hopeless criminals will eliminate some of the degenerated stock of society
· Starvation or inanition is the deprivation of a regular and constant supply of food and water
Arguments against death penalty (p. 204)
which is necessary to normal health of a person. (p. 213)
(1) It is an irreversible penalty. — Mistaken judgments as to guilt can no longer be remedied.

(2) It is not reformative. — Capital punishment indicates impossibility of reformation of offenders.

· Orthothanasia - When an incurably ill person is allowed to die a natural death without the
application of any operation or treatment procedure (p. 208)
· Dysthanasia- When there is an attempt to extend the life span of a person by the use of
extraordinary treatments without which the patient would have died earlier. (p. 208)
Note: Dysthanasia does not comply with the definition of euthanasia.
No one is incorrigible sociologically.
(3) Capital punishment is not a deterrent in effect. — There is no country where death penalty
is imposed and criminality, diminished.
(4) Capital punishment diminished the certainty of punishment. — It is a common experience
that the court will not convict a person when the penalty to be imposed is death. If capital
punishment is done away entirely, the court is more likely to convict and thus society is protected
in greater measure.
 (5) Capital punishment violates humanitarian sentiments. — Men can take a life in Causes of Starvation (p. 214)
self-defense or in the heat of passion, and have a relieving sense of justification, but to take in
cold blood the life of a prisoner causes all the humanitarian sentiments developed in thousands of 1. Suicidal:
years to revolt.
a. People deprived of liberty or prisoners may go in a "hunger strike" to create sympathy.
(6) Capital punishment is retributive — Revengeful acts of society is already an out of fashion
b. Mistaken belief that people can live without food for a prolonged period.
philosophy. The test is to have a corrective approach.
c. Excessive desire to lose weight.
(7) It is a cold-blooded and deliberate kind of murder. — The executioner has no passion to
justify the performance of his act. It is, however, a question whether a man who pulls the trap may d. Lunatics during depressive state.
not feel he is doing a public service that is even greater than a policeman who shoots a fleeing
murderer or robber. e. As an expression of political dissent.

2. Homicidal:

Common methods in committing suicide (p. 212) a. Deliberate deprival of food for helpless illegitimate children, feeble-minded and old persons. b.
Punishment or act of revenge by deliberate incarceration in an enclosed place without food m
1. Drugs and poisons — Barbiturates, non-barbiturate sedatives, acids and other irritants, water.
carbon monoxide, pesticides and herbicides, other organic and inorganic poisons.
3. Accidental:
2. Hanging.
a. Scarcity of food or water during famines or draught.
3. Firearm.
b. Shipwreck, entombment of miners caused by landslides, marooned sailors, or fall in a pit.
4. Jumping from a height.,

5. Drowning.
Length of survival of a person (p. 214- 215)
6. Cutting and stabbing.
The human body without food loses l/24th of its weight daily, and a loss of 40% of the weight results to
7. Suffocation by plastic bag. death. The length of survival depends upon the presence or absence of water. Without food and water, a
person cannot survive more than 10 days, but with water a person may survive without food for 50 to 60
8. Electrocution.
days.

The Length of Survival also depends upon the Following:

a. Presence or absence of water.

Automatism Suicide (p. 212)
b. Partial or complete withdrawal of food.
A patient develops a state of toxic delirium after ingesting one or several doses of the drugs, alcohol or a
c. Surroundings.
combination thereof and while in the delirious or automatism stage, takes much more of the drug
unintentionally. d. Females survive better than males, but children and older persons die quickly.
e. Condition of the body.
Laws involved in:
· Art. 83 of the Revised Penal Code-
Limitations established on death penalties
The death sentence shall not be inflicted upon a woman within the
three years next following the date of the sentence or while she is
pregnant not upon any person over seventy years of age. In the
last case, the death sentence shall be commuted to reclusion
perpetua with accessory penalties provided in Article 40
Art. 3, Sec. 1 Par. 19 of the Constitution- provides that cruel and
unusual punishment shall not be inflicted.
· Case point:
o Legarda v Valdez (p. 203)
Art. Ill, Sec. 1, Par. 19, of the Philippine Constitution provides that "cruel and unusual
punishment shall not be inflicted." The wait for the provision of the new constitution
punishment prohibited must not only be cruel but also unusual or vice versa. Banishment may
be unusual but not cruel and therefore valid. Death penalty is not cruel and unusual whether it
be by hanging, shooting, or electrocution (Legarda v. Valdez, 1 Phil 146).
o McElvaine v Brush (p. 203)
Punishments are cruel when they involved torture or a lingering death, but the punishment
of death is not cruel because it is not barbarous and inhuman.
The purpose of the guaranty by the constitution is to eliminate many inhuman and
uncivilized punishments formerly known, the infliction of which tend to barbarize present
civilization (McElvaine v. Brush, 142 U.S. 155).
o On death penalty in the Philippines - In the Philippines, death penalty imposed by the
civil court must only be by electrocution. Hanging is not recognized as a means of executing
death sentence, although the decision of the military tribunals may impose death by hanging.
(P. 206)
o About Euthanasia - or mercy killing is the deliberate and painless acceleration of death
of a person usually suffering from incurable and distressing disease. It is universally
condemned but some advocate its legalization based on humanitarian sentiments. In the
Philippines there is no law dealing specifically with the matter but the general sentiments is
that it is contrary to the principle that “ no person has the right to end his own life, much less
can he delegate that right to another. Medicine ethics dictates that the duty of the physician is
to save life not to end it
o Assisting in death (p. 209)
Art. 253, Revised Penal Code — Giving assistance to suicide — Any person who shall assist
another to commit suicide shall suffer the penalty of prision mayor; if such person lends his
assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor
in its medium and maximum periods shall be imposed.
o Suicide or self-destruction is usually the unfortunate consequences of mental
illness and social disorganization. Societal reaction to suicide varies in different
jurisdiction. Some considers suicide a crime; others impose no penalty for
suicide attempts are considered felonies or mis demeanors and could result to
jail sentences.
DIFFERENTIATE ·
Active euthanasia | Passive euthanasia (p. 208)
Active Euthanasia — Intentional or deliberate application of the means to shorten the life of a person. It
may be done with or without the consent or knowledge of the person. Active euthanasia on demand is
the putting to death of a person in compliance with the wishes of the person (patient) to shorten his
sufferings.
Passive Euthanasia — There is absence of the application of the means to accelerate death but the
natural course of the disease is allowed to have its way to extinguish the life of a person.
Acute starvation | Chronic Starvation (p. 214)
Acute starvation — is when the necessary food has been suddenly and completely withheld from a
person.
Chronic starvation — is when there is a gradual or deficient supply of food
EXPLAIN | DISCUSS ·
Arguments in favor of death penalty (p. 203- 204)
(1) It is the only method of eliminating the hopeless enemy of society — Escape from prison,
commutation of sentence and pardon are ways that criminals, helped by their friends, escaped life
imprisonment.
(2) It deters potential criminals as no other form of punishment does.
(3) Its brutalizing effect is an unproven assumption. — It is contended that if capital punishment is
properly carried out, instead of brutalizing society, it satisfies the sense of justice and provides social
satisfaction and a sense of protection.
(4) It is the only means whereby society is relieved of the support for those who continually war upon it.
Society will be relieved of- expenses of maintaining the irreformable criminals who prey upon it.
(5) It is a positive selective agency to wipe out the stock of irreformable criminals — Killing the hopeless
criminals will eliminate some of the degenerated stock of society
Arguments against death penalty (p. 204)
(1) It is an irreversible penalty. — Mistaken judgments as to guilt can no longer be remedied.
(2) It is not reformative. — Capital punishment indicates impossibility of reformation of offenders. No
one is incorrigible sociologically.
(3) Capital punishment is not a deterrent in effect. — There is no country where death penalty is
imposed and criminality, diminished.
(4) Capital punishment diminished the certainty of punishment. — It is a common experience that
the court will not convict a person when the penalty to be imposed is death. If capital punishment is done
away entirely, the court is more likely to convict and thus society is protected in greater measure.
(5) Capital punishment violates humanitarian sentiments. — Men can take a life in self-defense or in
the heat of passion, and have a relieving sense of justification, but to take in cold blood the life of a
prisoner causes all the humanitarian sentiments developed in thousands of years to revolt.
(6) Capital punishment is retributive — Revengeful acts of society is already an out of fashion
philosophy. The test is to have a corrective approach.
(7) It is a cold-blooded and deliberate kind of murder. — The executioner has no passion to justify
the performance of his act. It is, however, a question whether a man who pulls the trap may not feel he is
doing a public service that is even greater than a policeman who shoots a fleeing murderer or robber.
Euthanasia or mercy killing is the deliberate and painless acceleration of death of a person usually
suffering from incurable and distressing disease. It is universally condemned but some advocate its
legalization based on humanitarian sentiments. In the Philippines there is no law dealing specifically with
the matter but the general sentiments is that it is contrary to the principle that “ no person has the right to
end his own life, much less can he delegate that right to another. Medicine ethics dictates that the duty of
the physician is to save life not to end it
Psychological classification of suicide
1. First degree — deliberate, planned, premeditated, self-murder.
2. Second degree — impulsive, unplanned, under great provocation or mitigating circumstances.
3. Third degree — sometimes called "accidental" suicide. This occurs when a person puts his or
her life into jeopardy by voluntary self-injury, but where we infer that the intention to die was
 relatively low because the method of self-injury was relatively harmless, or because provisions for
rescue were made. The person was "unlucky" actually to die.
4. Suicide under circumstances which suggest a lack of capacity for intention, as when the
person was psychotic or highly intoxicated from the effects of drugs, including alcohol.
5. Self-destruction due to self-negligence — for example, such self-destructive behaviors as
chronic alcoholism, reckless driving, ignoring medical instructions, cigarette smoking, and similar
dangerous activities. In general, such deaths are not at present classified as "suicide."
6. Justifiable suicide — for example, the self-destructive action of a person with a terminal
illness. This last category is of considerable current interest to philosophers, theologians and
social psychologists.
Evidences that will infer death as suicide (p. 213)
1. History of depression, unresolved personal problem, or mental disease;
2. Previous attempt of self-destruction;
3. If committed by infliction of physical injuries, the wounds are located in areas accessible to the hand,
vital parts of the body and usually solitary.
4. The effects of the act of self-destruction may be found in the body of the victim:
a. Hand may be blood-stained if suicide was done by inflicting wound;
b. Wounding hand may be positive to paraffin test in gunshot. The wound of entrance may
show manifestation of a contact or near shot.
c. Empty bottle or container of poison may be present at the suicide scene;
d. Absence of signs of struggle; or e. Cadaveric spasm present in the wounding hand holding
the weapon.
5. Presence of suicide note;
6. Suicide scene in a place not susceptible to public view, and
7. Evidences that will rule out homicide, murder, parricide, and other manner of violent death.
Medico-legal questions of death due to starvation (p. 217)
1. Determination whether death was caused by starvation:
It is necessary to examine carefully the internal organs and to search for the existence of any disease
which may possibly be the cause of death. Some diseases may also lead to pathological emaciation, like
malignant disease, tuberculosis, diabetes mellitus, anemia and chronic diarrhea. Absence of any disease
which may cause severe emaciation and the presence of a cause for the deprivation of food are the
basis for the diagnosis of death by starvation.
2. Determination of the cause of the starvation:
Starvation may be suicidal, homicidal or accidental. The condition of the surroundings, history and
previous life of the victim and his mental condition before he starved must be taken into consideration in
the determination of the cause.
ENUMERATE
Methods of Judicial Death
1. Death by Electrocution
2. Death by Hanging
3. Death by Musketry
4. Death by Gas Chamber
Other methods of Capital Punishment 207
1. Beheading — The most common way of beheading is with the use of the guillotine. The device is
something like a file-driver with a heavy axe to severe the head. The descent of the blade strikes the
neck from behind and the head falls into a basket.
2. Crucifixion — Nailing the person on a cross and death develops by traumatic asphyxia.
3. Beating — A hard object is forcibly applied to the head to crush the skull.
4. Cutting asunder — Mutilating the body usually with sharp heavy instrument until death ensues.
5. Precipitation from a height.
6. Destruction by wild beast. c. Depriving the child of nutrition.

7. Flaying — skinning alive. d. Removal of patient from a respirator when voluntary breathing is not possible.

8. Impaling. Who may perform euthanasia (p. 209)

9. Stoning. 1. The patient himself:

10. Strangling. 2. The physician, with or without the knowledge and consent of the patient:

11. Smothering.

12.Drowning.

Types of Euthanasia (p. 208)

1. Active Euthanasia

2. Passive Euthanasia

a. Orthothanasia

b. Dysthanasia

Ways of Performing Euthanasia (p. 209)

1. Administration of a lethal dose of poison.

2. Overdosage of sedatives, hypnotics or other pain relieving drugs.

3. Injection of air into the blood stream.

4. Application of strong electric currents.

5. Failure to institute the necessary management procedure which is essential to preserve the life of the
patient.

a. Failure to perform tracheostomy when there is marked distress in breathing due to laryngeal
obstruction.

b. Failure to give transfusion in severe hemorrhage.

 Mutilation of other parts of the body other than the organ of reproduction may be classified as
mayhem. However, if it is not deliberate then it may fall as Serious Physical Injuries under Art. 263
of the RPC. (p 247)

CHAPTER IX 7. Embolism refers to a condition wherein foreign matters are introduced in the blood stream
causing sudden block to the blood flow in the finer arterioles and capillaries. (p 284)
MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES

DEFINE | TERMS KNOW

1. Physical Injury- Physical injury is the effect of some forms of stimulus on the body. When the 1. Physical Injury brought about by physical violence (p240)
stimulus applied is insufficient to cause injury and the body resistance is great, the effect may only The application of physical violence on a person produces wound. A wound is the solution of the
be apparent. However, where the stimulus is real, the effect is visible. Moreover, the effect of the natural continuity of any tissue of the living body. It is the disruption of the anatomic integrity of a
application of stimulus may either be immediate or delayed. (p 240) tissue of the body.

2. Vital Reaction- It is the sum total of all reactions of tissue or organ to trauma. Such reactions The effect of the physical violence may not always result to the production of wound, but the
may be observed macroscopically and microscopically. Common reactions of a living tissue to wound is always the effect of physical violence.
trauma include rubor, calor, dolor, and loss of function. (p 241)
2. Laws involved in:
3. Locus Minoris Resistencia- A type of physical injury located not at the site nor opposite the site
of the application of force but in some areas offering the least resistance to the force applied. a. Mutilation (p246)
(p243)
Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed
4. Extensive injury- A type of physical injury involving a greater area of the body beyond the site upon any person who shall intentionally mutilate another by depriving him, either totally or
of the application of force. It has not only the wide area of injury but also the varied types of injury. partially, or some essential organ of reproduction.
(p243) Any other intentional mutilation shall be punished by prision mayor in its medium and maximum
periods.
5. Mutilation is the act of looping or cutting off any part or parts
of the living body. (p246) Kinds of Mutilation Punishable Under the Code:
1. Intentionally depriving a person, totally or partially of some of the essential organs for
6. Mayhem is the unlawful and violent deprival of another of the reproduction, and
use of a part of the body so as to render him less able in fighting, either to defend himself or to 2. Intentionally depriving a person of any part or parts of the human body other than the organs for
annoy his adversary. reproduction.

b. Serious physical injuries (p248)


Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall
be guilty of the crime of serious physical injuries and shall suffer:
a. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured
person shall become insane, imbecile, impotent, or blind;
b. The penalty of prision correccional in its medium and maximum periods, if in consequence of
the physical injuries inflicted, the person injured shall have lost the use of speech or the power to
hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use
of any such member, or shall have become incapacitated for the work in which he was therefor
habitually engaged;
c. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become deformed, or
shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually engaged for a period of
more than ninety days;
d. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the
injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in Article 246, or
with attendance of any of the circumstances mentioned in Article 248, the case covered by
subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and
maximum periods; the case covered by subdivision number 2 by prision correccional in its
maximum period to prision mayor in its minimum period; the case covered by subdivision number
3 by prision correccional in its medium and maximum periods; and the case covered by subdivision
number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict
physical injuries upon his child by excessive chastisement.
The crime of serious physical injuries may be due to: (1) Wounding; (2) Beating; (3) Assaulting
(Art. 263); or (4) Administering injurious substances (Art. 264) without the intent to kill.
c. Administering injurious substances or beverages (p 250)
Art. 264, Administering injurious substances or beverages.- The penalties established by the next
preceding article shall be applicable in the respective cases to any person who, without intent to
kill, shall inflict upon another any serious physical injury, by knowingly administering to him any
injurious substances or beverages or by taking advantages of his weakness of mind or credulity.
Elements of the crime:
a. The offender inflicted upon another person any serious physical injury.
b. The infliction of physical injury was done knowing that the substance or beverage administered
is injurious or took advantage of the victim's weakness or credulity; and
c. There was no intent to kill on the part of the offender.
d. Less serious physical injuries (p 251)
Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended party for
labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of
less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or
offend the injured person, or under circumstances adding ignominy to the offense in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians,
curators, teachers, or persons of rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided that, in the case of persons in authority,
the deed does not constitute the crime of assault upon such person.
e. Slight physical injuries (p 253)
Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be
punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require medical attendance
during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the
offender has caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when
the offender shall ill-treat another by deed without causing any injury.
f. Physical injuries inflicted in a tumultuous affray (p 254)
Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous affray as
referred to in the preceding article, only serious physical injuries are inflicted upon the participants
thereof and the person responsible thereof cannot be identified, all those who appear to have used
violence upon the person of the offended party shall suffer the penalty next lower in degree than
that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified, all those who appear to have used any violence upon the person of the
offended party shall be punished by arresto mayor from five to fifteen days.
Elements of the Crime:
a. There is a tumultuous affray;
b. Participant(s) suffered from serious physical injuries;
c. The person(s) who inflicted such serious physical injuries cannot be identified; and
d. All those who appear to have used violence upon the person of the offended party shall be
penalized by arresto from five to fifteen days.
DIFFERENTIATE
1. Mortal Wound Distinguished from Non-Mortal Wound (p242)
Mortal wound is caused immediately after infliction or shortly thereafter that is capable of causing
death.
Non-mortal wound is that which is not capable of producing death immediately after infliction or
shortly thereafter.
2. Penetrating Wound Distinguished from Perforating Wound (p243)
Penetrating wound is a type of deep wound wherein the wounding agent enters the body but did not
come out or the mere piercing of a solid organ or tissue of the body. It involves the skin or mucous
surface and the deeper underlying tissues or organs caused directly by the wounding instrument.
Belonging to this type of wound are punctured, stab and gunshot wounds.
Perforating wound is another type of deep wound where the wounding agent produces
communication between the inner and outer portion of the hollow organs. It may also mean
piercing or traversing completely a particular part of the body causing communication between the
points of entry and exit of the instrument or substance producing it.
3. The following are types of wounds according to the relation of the site of the application of force
and the location of injury: (p243)
Coup Injury is a type of physical injury which is located at the site of the application of force.
Contre-Coup Injury is a physical injury found opposite the site of the application force.
Coup Contre-Coup Injury is a physical injury located at the site and also opposite the site of
application of force.
4. Contusion Distinguuished from Hematoma (p 258)
(a) In contusion the effused blood are accumulated in the interstices of the tissue underneath the
skin, while in hematoma blood accumulates in a newly formed cavity underneath the skin.
(b) In contusion, the skin shows no elevation and if ever elevated, the elevation is slight and is on
account of inflammatory changes, while in hematoma the skin is always elevated.
(c) In contusion, puncture or aspiration with syringe of the lesion no blood can be obtained, while
in hematoma, aspiration will show presence of blood and subsequent depression of the elevated
lesion.
EXPLAIN/DISCUSS
Commotio Cerebri or Cerebral Concussion (p. 259)
Cerebral concussion is the jarring or stunning of the brain characterized by more or less complete
suspension of its functions, as a result of injury to the head, which leads to some commotion of the
cerebral substance. Cerebral concussion is much more severe when the moving or mobile head
struck a fixed hard object as compared when the head is fixed and struck by a hard moving object.
Loss of memory for events just before the injury (retrograde amnesia) is a constant effect of
cerebral concussion and is of medico-legal importance.
Open wounds (pp. 260-274)
Open wounds may refer to abrasion (i.e. scratch, graze, impression mark, and friction mark), which
is characterized by the removal of the superficial epithelial layer of the skin caused by a rub or
friction against a hard rough surface; incised wound, which is produced by a sharp-edged (cutting)
or sharp-linear edge of the instrument, like a knife, razor, bolo, edge of oyster shell, metal sheet,
glass, etc., or when there is forcible contact of the cutting instrument with the body surface, or slice
cut when cutting injury is due to the pressure accompanied with movement of the instrument, and
the sharp edge portion of the wounding instrument is the first to come in contact with the skin; stab
wound, which is produced by the penetration of a sharp-pointed and sharp edged instrument, and
may involve the skin or mucous surface, and the sharp-pointed portion first come in contact with
the skin; punctured wound, which is the result of a thrust of a sharp pointed instrument, and is
commonly produced by an icepick, needle, nail, spear, jointed stick, thorn, fang of animal and
hook; and lacerated wound, which is a tear of the skin and the underlying tissues due to forcible
contact with a blunt instrument, and may be produced by a hit with a piece of .wood, iron bar, fist
blow, stone, butt of firearm, or other objects without sharp objects.
Effects of wounds (p. 282)
Wounds may be directly fatal by reason of hemorrhage, mechanical injuries on the vital organs, and
shock. Wounds may be indirectly fatal by reason of secondary hemorrhage following sepsis,
specific infection, scarring effect, and secondary shock.
Healing of wounds (p. 285)
Healing of wounds involves the power of the human tissue to regenerate. Regeneration is the
replacement of destroyed tissue by newly formed similar tissue. The more highly specialized the
tissue, the less is the capacity for regeneration. Capacity for regeneration decreases as age
increases. Healing of wounds may be by primary (first) intention, which takes place when there is
minimal tissue loss, more approximation of the edges and without significant bacterial
contamination. Healing may also be by secondary intention, which takes place when the injury
causes a more extensive loss of cells and tissues. Inevitably, there is more necrotic debris and
exudate that has to be removed. Inflammatory reaction is more intense as compared with healing
by primary intention. In some instances, the healing process deviates from the normal way of a
normal individual. Healing may result in the formation of exuberant granulation or "proud flesh,"
keloid formation, stricture, and fistula or sinus formation.
ENUMERATE
Causes of physical injury (p. 240)
1. Physical violence
2. Heat or cold
3. Electrical energy
4. Chemical energy
5. Radiation by radio-active substances
6. Change of atmospheric pressure (barotrauma)
7. Infection
 a. Coup injury

Classification of wounds (p. 242) b. Contre-Coup Injury

1. As to severity c. Coup Contre-Coup Injury

d. Locus Minoris Resistencia

a. Mortal wound
e. Extensive Injury
b. Non-mortal wound

2. As to kind of instrument used

Special Types of wounds (p. 244)
a. Wound brought about by blunt instrument (contusion, hematoma, or lacerated
wound) 1. Defense wound
b. Wound brought about by sharp instrument (incised, punctured, or stab wound) 2. Patterned wound
c. Wound brought about by tearing force (lacerated wound)
3. Self-inflicted wound
d. Wound brought about by change of atmospheric pressure (barotrauma)

e. Wound brought about by heat or cold (frostbite, burns or scald)

Types of wounds (p. 254)
f. Wound brought about by chemical explosion (gunshot or shrapnel wound)
1. Closed wound
g. Wound brought about by infection
a. Superficial
3. As to manner of infliction
b. Deep
a. Hit
2. Open wound
b. Thrust or stab

c. Gunpowder explosion
a. Abrasion
d. Sliding or rubbing or abrasion
b. Incised wound
4. As regards the depth of the wound
c. Stab wound
a. Superficial
d. Punctured wound
b. Deep
e. Lacerated wound
5. As regards the relation of the site of the application of force and the location of injury
 CHAPTER 8
Musculo-skeletal injuries (p. 258) DEFINE
· Burial - It is the act of interring the body of a deceased in a grave or a tomb or the ocean. To deposit
1. Sprain
a corpse in its resting place, with funeral ceremonies. No burial is lawful unless made in conformity with
2. Dislocation the local regulation.
· Inhumation - Ritual burial of the body in a legal and legitimate fashion.
3. Fracture · Cremation - Cremation is the pulverization of the body into ashes by the application of heat (p.228)
· Exhumation - The deceased buried may be raised or disinterred upon the lawful order of the proper
4. Subluxation authorities. The order may come from the provincial or city fiscals, from the court, and from any entity
vested with authority to investigate. (p233)

Forms of abrasion (p. 261)
1. Linear
2. Multi-linear
3. Confluent
4. Multiple
Kinds of shock (p. 283)
1. Primary shock
2. Delayed or secondary shock
Kinds of wound healing (p. 286)
1. Healing by primary (first) intention
2. Healing by secondary intention
3. Aberrated healing process
KNOW
· Concept of possession - The right of custody over a dead body means possession. Possession
means the holding of a thing or enjoyment of a right. .The possession of a thing means two things: either
in the concept of ownership or the holder of a thing keeping it while the ownership belongs to another.
Literally speaking, the right of custody does not -mean ownership of a dead body. (p.218)
● Is death certificate necessary before burial? - Yes, the law requires the necessity of a death
certificate before burial, except in emergency cases. Sec. 1087 of the Revised Administrative
Code; provides in part “except in cases of emergency, no dead body shall be buried without a
certificate of death.” (p.221)
● Burial in case of death by suspected violence or crime - If the person who issues a death
certificate has any reason to suspect or if he shall observe any indication of violence or crime, he
shall at once notify the justice of the peace, if he be available, or if neither the justice of the peace
nor the auxiliary justice be available, he shall notify the municipal mayor, who shall take proper
steps to ascertain the circumstances and cause of death; and the corpse of such deceased
person shall not be buried or interred until permission is obtained from the provincial fiscal, if he
be available, and if he be not available, from the mayor of the municipality in which the death
occurred. (p.223)
● Burial in case of death by dangerous communicable diseases - The body of a person dead of any
dangerous communicable disease shall not be carried from place to place, except for the purpose
of burial or cremation. It shall be the duty of the local health authorities to cause such body to be
thoroughly disinfected before being prepared for burial and the house, furniture, wearing apparel,
and everything capable of conveying or spreading infection shall also be disinfected or destroyed
by fire. The local health authority, if there be any, subject to the approval of the Director of Health,
shall,consistently with the provisions hereof, prescribe the conditions under which the bodies of
persons dying of a dangerous communicable disease shall be buried or cremated. (p.223)
● Depth of grave - The depth of the grave must be at least 1-1/2 meters. (p224)

● Laws involved in:

 o Persons charged with duty of burial - Sec. 1103, Revised Administrative Code (p218)
o Right of custody of body - Sec. 1104, Revised Administrative Code (p218)
o Time within which the body shall be buried - Sec. 1092, Revised Administrative Code (p.220)
o Burial ground requirements - Sec. 90, Code of Sanitation or P.D. 856) (p.225)
o Funerals - Arts. 305, 306, 307, and 309 of the Civil Code; and Arts. 132 and 133, Revised Penal
Code (p225-227)
o Use of body for scientific purposes - Republic Act No. 349 as amended by Republic Act 1056
(An Act To Legalize Permissions To Use Human Organs Or Any Portion Or Portions Of The Human Body
For Medical, Surgical, Or Scientific Purposes, Under Certain Conditions) (p.230-231)
o Exhumation - Secs. 1082, 1095 - 1097, Revised Administrative Code, and Art. 308, Civil Code
(p233-235)
o Cemetery permit in exhumation - Sec. 1082, Revised Administrative Code (p. 237)
o CASE on: Philips v Montreal General Hospital PAGE 219
In the case of Philips v. Montreal General Hospital (33 S.C. 483; 14 R.L. 159) decided in Quebec,
Canada, it has been held that there is a right of property in human remains, at least in a limited sense.
The right of possession of a corpse is equivalent to ownership and any unlawful interference with that
right is an actionable wrong.
The surviving spouse has the preferential right and duty to make arrangements for the funeral of the
deceased spouse and to decide how the remains should be disposed of. This is also the rule in the
United States, where the superior and preferred right of the surviving spouse to the burial and any other
legal disposition of the remains of the husband is undisputed.
DIFFERENTIATE
· Inhumation | Burial | Funerals | Exhumation
a. Burial or Inhumation - PAGE 220
The dead body must be buried within forty-eight hours after death except:
(1) When it is still a subject matter of legal investigation;
(2) When it is specifically authorized by the local health authorities that the body may be buried more
than 48 hours after death;
(3) Impliedly when the body is embalmed.
If the person died of communicable disease, the body must be buried within 12 hours unless the local
health officer permits otherwise.
If the body is not buried within 48 hours after death, the permit previously issued is deemed cancelled
and there is a need of a new permit.
b. Funerals - PAGE 225-227
The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such
expression, his religious belief or affiliation shall determine the funeral rites. In case of doubt, the form of
funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting
the other members of the family.
In case of death due to dangerous communicable disease or due to any epidemic recognized by the
Director of Health, the body of the deceased shall not be taken to any place of public assembly, nor shall
any person be permitted to attend the funeral of such deceased person, except the adult members of the
immediate family of the deceased, his nearest friends, not exceeding four, and other persons whose
attendance is absolutely necessary. After the deceased shall have been buried for a period of one hour,
a public funeral may be held at the grave or in a place of public assembly or elsewhere.
In case of death due to other causes the right to hold public funerals in an orderly manner and to take the
remains of the deceased into churches or other places for this purpose shall not be interfered with.
c. Exhumation - PAGE 233
Permission to disinter the bodies or remains of persons who have died of other dangerous
communicable disease, may be granted after such bodies had been buried for a period of three years;
and, in special cases, the Director of Health may grant permission to disinter after a shorter period when
in his opinion the public health will not be endangered thereby.
Bodies or remains of persons who have died of any dangerous communicable disease may be exhumed
only after the lapse of five years from burial, though in special cases the Director of Health may grant a
permit to disinter after a shorter period when in his opinion the public health will not be endangered
thereby.
EXPLAIN | DISCUSS
· Time of Burial or inhumation PAGE 220
Sec. 1092, Revised Administrative Code:
Time within which body shall be buried: Except when required for the purposes of legal investigation or
when specifically authorized by the local health authorities, no unembalmed body shall remain unhurried
longer than forty-eight hours after death; and after the lapse of such period the permit for burial,
interment, or cremation of any such body shall be void and a new permit must be obtained.
When it has been certified or is known that any person died of, or with a dangerous communicable
disease, the body of such person shall be buried within twelve hours after death, unless otherwise
directed by the local board of health or other health authority.
Sec. 2-A. The provisions of sections one and two of this Act notwithstanding, it shall be illegal for any
person or any institution to detach any organ or portion of the body of a person dying of a dangerous
communicable disease even if said organ or portions of the human body shall be used for medical or
scientific purposes. Any person who shall violate the provisions of this section shall be punished with an
imprisonment of not less than six months nor more than one year. If the violation is committed by an
institution, corporation or association, the director, manager, president, and/or other officials and
employees who, knowingly or through neglect, perform the act or acts resulting in said violation shall be
held criminally responsible therefore.

· Donation of Parts of Human Body PAGE 230-231 Sec. 3. An authorization granted in accordance with the provisions of this Act shall bind the executors,
administrators and successors of the deceased and all members of his family.
Republic Act No. 349 as amended by Republic Act 1056
ENUMERATE
Sec. 1. Any person may validly grant to a licensed physician, surgeon, known scientist, or any medical or
scientific institution, including eye banks and other similar institutions, authority to detach at any time · Methods of disposal of the dead body
after the grantor's death any organ, part or parts of his body and to utilize the same for medical, surgical
or scientific purposes. a. Embalming
b. Burial or Inhumation
Similar authority may also be granted for the utilization for medical, surgical, or scientific purposes, of any c. Disposal into the Sea
organ, part or parts of the body which, for a legitimate reason, would be detached from the body of the d. Cremation
grantor. e. Use of Body for Scientific Purposes
f. Donation of parts of the Human Body
Sec. 2. The authorization referred to in section one of this Act must: be in writing; specify the person or
institution granted the authorization; the organ, part or parts to be detached, the specific use or uses to · Who are the people authorized to sign death certificate in emergency cases? PAGE 221
which the organ, part or parts are to be employed; and, signed by the grantor and two disinterested
witnesses. (1) The attending physician, if there is any;
(2) The local health (municipal health officer) if there is no physician in attendance;
If the grantor is a minor or an incompetent person, the authorization may be executed by his guardian (3) The municipal mayor, if there is no local health officer and no physician in attendance;
with the approval of the court; in default thereof, by the legitimate father or mother, in the order named. (4) The municipal secretary, in the absence of the mayor;
Married women may grant the authorization referred to in section one of this Act, without the consent of (5) Any councilor.
the husband.
· When is cremation not granted? PAGE 228
After the death of the person, authority to use human organs or any portion or portions of the human
body for medical, surgical or scientific purposes may also be granted by his nearest relative or guardian Instances When Permission for Cremation Must Not Be Granted:
at the time of his death or in the absence thereof, by the person or head of the hospital, or institution
having custody of the deceased. Provided, however, that the said person or head of the hospital or a. If the deceased left a written direction that he or she must not be cremated.
institution has exerted reasonable efforts to locate the aforesaid guardian or relative. b. If the exact identity of the deceased has not yet been definitely ascertained.
c. When the exact cause of death cannot be definitely ascertained and further inquiry or examination
A copy of every such authorization must be furnished the Secretary of Health. may be needed
· Persons who can grant permission to detach part or parts of human body (before and after death) · Laceration/Lacerated W. - (p.272) It is a tear of the skin and the underlying
5for medical, surgical, and scientific purposes PAGE 232
tissues due to forcible contact with a blunt instrument. It may be produced by
a. Before Death: a hit with a piece of wood, iron bar, fist blow, stone, butt of firearm, or other
objects without sharp objects.
(1) By the deceased during his lifetime.
(2) If the deceased is a minor or incompetent, permission may be executed by the guardian with the · Punctured W. - (p. 271) It is the result of a thrust of a sharp pointed
approval of the court or by the legitimate father or mother. A married woman may give consent without instrument. The external injury is quite small but the depth is to a certain
the consent of the husband. degree. It is commonly produced by an icepick, needle, nail, spear, pointed
b. After Death:
stick, thorn, fang of an animal, and hook.

· Stab – (p.267) It is produced by the penetration of a sharp-pointed and

(1) The nearest relative.
(2) In the absence of the nearest relative, permission may be given by the head of the hospital or sharp-edged instrument, like a knife, saber, dagger, scissors. It may involve
institution having custody of the deceased. the skin or mucous surface.

· Hacking/(Hacked wound?) – (p. 264) The injury is quite severe, edges may
or may not be contused depending on the nature of the edge of the
instrument used.

· Perforated/(Perforating wound?) – (p. 243) It is one in which there is both an

CHAPTER 10 (X). MEDICO-LEGAL INVESTIGATION OF WOUNDS
entrance and exit wound. When the wounding agent produces communication
between the inner and outer portion of the hollow organs. It may also mean
piercing or traversing completely a particular part of the body causing
DEFINE | TERMS
communication between the points of entry and exit of the instrument or
· Wound – (p.240) It is the solution of the natural continuity of any tissue of substance producing it.
the living body. It is the disruption of the anatomic integrity of a tissue of the
· Defense wounds – (p. 244) Wound which is the result of a person’s
body. (It is always the effect of physical violence.)
instinctive reaction of self-protection. Injuries by a person to avoid or repel
· Contusion – (p.250) It is the effusion of blood into the tissues underneath potential injury contemplated by the aggressor.
the skin on account of the rupture of the blood vessels as a result of the
· Gunshot wounds – (p. 243 or 353) It is a type of penetrating wound. It is a
application of blunt force or violence.
wound where the dimension of depth and direction is an important factor in its
· Abrasion – (p.260) It is an injury characterized by the removal of the description.
superficial epithelial layer of the skin caused by a rub or friction against a hard
or rough surface.
· Incised wounds – (p. 263) This is produced by a sharp-edged or sharp-linear (5) Condition of the weapon.

edge of the instrument, like a knife, razor, bolo, edge of oyster shell, metal
sheet, glass, etc.
KNOW
1.) Rules to be observed by MDs in the examination of wounds (see p.288)
The following rules must always be observed by the physician in the examination of wounds:
3.) Which of the wound caused death? (see pp.294-295)
If there are several offenders who conspired with one another in the commission of the offense, it is not necessary to
determine who among them gave the fatal blow. In the crime of conspiracy, the act of one is the act of all. But if there is no
conspiracy in the commission of the offense it is necessary to determine who among the offenders gave the fatal injury to the
victim, because they are only responsible for their individual acts. In a case wherein the victim is a recipient of multiple
injuries, the determination as to which of the injuries caused death is dependent on the testimony of the physician. This can be
ascertained by examining individually the wounds and note which of them are involved in the injury to some vital organs or
large vessels, or led to secondary results causing death. When two or more wounds involve vital organs, it is difficult to
ascertain which among them caused the death. It is important to determine the degree of the damage of each wound caused
on the vital organ.

1. All injuries must be described, however small for it may be important later. 4.) Which of the wound was inflicted first? (see p.295)

2. The description of the wounds must be comprehensive, and if possible a sketch or photograph must be taken. When there are several wounds present on the body of the victim, it is important to determine which of them was inflicted first
because it may be necessary for the qualification of the offense committed. If the first wound was inflicted in a treacherous
3. The examination must not be influenced by any other information obtained from others in making a report or a conclusion.
way that the victim after receipt is incapable of defense, then murder is committed, but if the fatal wound was inflicted last, it is
possible that the crime committed is only homicide.
2.) Outline of the ML investigation of physical injuries (see pp.288-290)
In the determination as to which of the wounds present was inflicted first, the following factors must be taken into
1. General Investigation of the Surroundings
consideration:
2. Examination
1. Relative position of the assailant and the victim when the first injury was inflicted on the latter.
s of the Wounded Body3. Examinations of the Wound
2. Trajectory or course of the wound inside the body of the victim.
a. Character of the Wound
3. Organs involved and degree of injury sustained by the victim.

4. Testimony of the witness.

b. Location of the Woundc. Depth of the Wound
5. Presence of defense wounds on the victim. If the victim tried to make a defensive act during the initial attack, then the
d. Condition of the Surroundings defense wounds must have been inflicted first.

e. Extent of the Wound 5.) Laws involved in physical injuries (see RPC)

f. Direction of the Wound Articles 262 to 266 of the Revised Penal Code

g. Number of Wounds

h. Conditions of the Locality DIFFERENTIATE

(1) Degree of hemorrhage.
Ante-mortem wound | Post-mortem wound
(2) Evidence of struggle.
Ante-mortem wound
(3) Information as to the position of the body
1. Hemorrhage more or less copious and generally arterial.
(4) Presence of letter or suicide note.
 2. Marks of spouting of blood from arteries. Contusion in accidental death may also be found in any portion of the body. It is often due to a fall
and due to a forcible contact with some hard objects.
3. Clotted blood
c. Incised wounds
4. Deep staining of the edges and cellular tissues, which is not removed by washing.
Incised wounds are commonly observed in suicide and homicide. The depth, differentiate one from
5. The edges gape owing to the reaction of the skin and muscle fibers. the other. Accidental cuts are frequent everyday occurrences, but rarely as a cause of death.
6. Inflammation and reparative processes.

Post-mortem wound 2. Points to be Considered in the Determination as to whether the Wound is Homicidal, Suicidal or
Accidental:
1. Hemorrhage slight or none at all and always venous.

2. No spouting of blood.
1. External signs and circumstances related to the position and attitude of the body when found.
3. Blood is not clotted; if at all, it is a soft clot.
2. Location of the weapon or the manner in which it was held.
4. The edges and cellular tissues are not deeply stained. The staining can be removed by
washing. 3. The motive underlying the commission of the crime and the like.
5. The edges do not gape, but are closely approximated to each other, unless the wound is 4. The personal character of the deceased.
caused within one or two hours after death.
5. The possibility for the offender to have purposely changed the truth of the condition.
6. No inflammation or reparative processes.
6. Other information:

a. Signs of Struggle:
Homicidal wound | Suicidal wound | Accidental wound
Absence of signs of struggle is more in suicide, accident or murder.
1. As to the Nature of the Wound Inflicted:
Contusion or abrasion may indicate trauma due to fist,
a. Abrasions:
finger or feet of the assailant.
Extensive abrasions on the body are always suggestive of accidental death, especially in death due to
traffic accident. In suicidal death, abrasions are rarely observed. In case of murder, abrasions are not Presence of hair or portion of the skin (epidermis) on the
common except when the body is dragged on the ground. In homicide, abrasions may commonly be
observed especially when the victim offered some degree of resistance to the attacker. nails of the assailant or deceased may be a clue in the determination whether death is
suicidal, homicidal or accidental.
b. Contusion
b. Number and Direction of Wounds:
Contusion is rarely observed in suicidal death, except when the suicidal act was done by jumping
from a height. A person contemplating to commit suicide will not choose a blunt instrument. Multiple wounds in concealed portions of the body are

generally indicative of homicide.

 Single wound located in a position that the deceased could During lifetime – There may be swelling of the area surrounding the wound,
effusion of lymph or pus and adhesion of the edges. Other vital
have been conveniently inflicted is usually suicidal. reactions are present whenever the wound was inflicted during
life, although it may be less pronounced when the resistance of
c. Direction of the Wound:
the victim is markedly weakened. The vital reaction may also
This is important in the case of cut-throat. It is generally indicate the time of infliction of the wound.

transverse in case of homicide while it is oblique in case of After death – Post-mortem wounds do not show any manifesting signs of vital
reaction.
suicide.

d. Nature and Extent of the Wound:

3. Signs of Repair
Homicidal wounds may be brought about by any wounding instrument. Suicidal wounds are
frequent due to sharp instruments. Accidental physical injuries may be of any kind. During lifetime – Fibrin formation, growth or epithelium, scab or scar formation
conclusively show that the wound was inflicted during life.
e. State of the Clothings:
After death – Absence of signs of repair does not show that injury was inflicted
There is usually no change in the condition of the clothings after death. The tissue may not have been given ample time to
repair itself before death took place.
in suicide case. In homicidal death, on account of the struggle

which took place before death, the clothings of the victim are

in a disorderly fashion.
4. Retraction of the Edges of the Wound

During lifetime – Owing to the vital reactions of the skin and contractility of the
EXPLAIN | DISCUSS
muscular fibers, the edges of the wound inflicted during life
How wounds are determined if inflicted during life or after death retract and cause of gaping.

1. Hemorrhage: After death – In the case of the wound inflicted after death, the edges do not gape
and are closely approximated to each other because the skin and
During lifetime – haemorrhage is more profuse (general rule) the muscles have lost their contractility.

After death – the amount of bleeding is comparatively less if at all bleeding

occurred. This is due to the loss of tone of the blood vessels, the
absence of heart action and the post-mortem clotting of blood ENUMERATE
inside the blood vessels. Violence inflicted on a living body may
not show the formation of a bruise until after death. · Possible causative instruments used in inflicting injuries (p. 294)

The determination of the wounding instrument may be made from the nature
2. Signs of Inflammation of the wound found in the body of the victim:
1. Contusion — produced by blunt instrument.

2. Incised wound — produced by sharp-edged instrument inflicted by hitting.

3. Lacerated wound — produced by blunt instrument.

4. Punctured wound — produced by sharp-pointed instrument.

5. Abrasion — body surface is rubbed on a rough hard surface.

6. Gunshot wound — the diameter of the wound of entrance may approximate

the caliber of the wounding firearm.

· Extrinsic Evidences in Wounds (p. 297)

1. Evidences from the Wounding Weapon [(a) Position of weapon; (b) Blood
on weapon; (c) Hair and other Substances on weapon]

2. Evidences in clothing of victim

3. Evidences derived from the examination of the assailant

4. Evidences derived from the scene of the crime