PUTREFACTION OF THE BODY
crime scene, the manner the criminal act was executed,
Putrefaction is the breaking down of the complex proteins
into simpler components associated with the evolution of
foul-smelling gasses and accompanied by the change of
color of the body.
- Ito yung simula ng pagkabulok ng isang bangkay
kung saan may pagbabago sa amoy at kulay nito.
SPECIAL MODIFICATION OF PUTREFACTION
a. Mummification
Mummification is the complete dehydration of all body
tissue which results in the shivering and preservation of
the body. A cadaver left in an extremely dry, hot area will
mummify in about a year and will remain in this condition
for several years if undisturbed by animal or insect (Leal,
2014 & Lagonera, 2010).
- Kadalasan na naoobserve natin sa mga maiinit na
bansa kung saan yung evaporation of the body
fluid is mabilis kesa kay decomposition
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.
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 (cause kung bakit yung isang
bangkay is naagnas na). 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.
b. Saponification or Adipocere Formation
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.
Take Note: Adipocere is a soapy or waxy material, rancid
in smell, dissolves in alcohol and ether when burned
produces yellow flame. (Leal, 2014 & Lagonera, 2010)
MEDICO-LEGAL INVESTIGATION OF DEATH
Stages of Medico-Legal Investigation
1. Crime Scene Investigation
2. Autopsy
CRIME SCENE INVESTIGATION
It is the conduct of processes, more particularly, the
recognition, handling, preservation and documentation of
physical evidence to include the identification and
interview of witnesses and the arrest of suspect/s at the
and such other things that may be useful in the
prosecution of the case.
Take Note: The crime scene is the place where the
essential ingredients of the criminal act took place. It
includes the setting of the crime and the adjoining places
of entry and exit of both offender and victim. Not all
crimes have a well-defined scene, like estafa,
malversation, continuing crimes, etc. However, where
medical evidence may be present, like murder, homicide,
physical injuries, sex crime, crime scene is almost
invariably present.
Methods of Conducting a Search
Before the actual performance of the search, it is
advisable to stand aside and make an estimate of the
situation. A picture of the whole area must be taken, and
the area must be cordoned, or bystanders must not be
allowed to get in. Depending upon the size, terrain and
condition of the crime scene, the following methods of
search may be applied:
a. Strip Method — The area is blocked out in the form
of a rectangle. The searcher proceeds slowly at the same
pace along the path parallel to one side of the rectangle.
b. Double Strip or Grid Method — This search is a
modification of the strip search method. The searchers
will traverse first parallel to the base and then parallel to
the side.
c. Spiral Method — The searchers follow each other in
the path in the spiral manner beginning from the center
towards the outside or vice versa.
d. Wheel/ Ray Method — The searchers gather at the
center and proceed outwards along radii or spokes.
e. Zone Method — Whole area is divided into
subdivisions or quadrants and search is made in the
individual quadrants.
What is Autopsy?
An autopsy is a comprehensive study of a dead body,
performed by a trained physician employing recognized
dissection procedure and techniques. It includes removal
of tissues for further examination.
Autopsy vs. Post-mortem Examination
Autopsy Post-mortem
Examination
It indicates that in It refers to an external
addition to an external examination of a dead
examination the body is body without incision
open and internal being made, although
examination is blood and other body
conducted. fluids may be collected
for examination.
Kinds of Autopsy
a. Hospital or Non-official Autopsy
b. Medico-legal or Official Autopsy
Rules in Conducting Autopsy
When shall an Autopsy be Performed on a Dead Body
(Sec. 95 (b), P.D. 856, Code of Sanitation)
a. Whenever required by special laws
b. Upon order of a competent court, a mayor and a
provincial or city fiscal
c. Upon written request of police authorities
d. Whenever the Solicitor General, Provincial or city
fiscal as authorized by existing laws, shall deem it
necessary to disinter and take possession of the remains
for examination to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the
authorities concerned in order to ascertain the cause of
death.
Persons who are Authorized to Perform Autopsies and
Dissections The following are authorized to perform
autopsies and dissections (Sec. 95 (a) P.D. 856)
a. Health Officers;
b. medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hospitals.
What is the so called “Negative Autopsy”?
An autopsy is called a negative autopsy if after
all efforts, including gross and microscopic studies and
toxicological analyses, fail to reveal a cause of death. It
is an autopsy which after a meticulous examination with
the aid of other examinations does not yield any definite
cause of death.
What is the so called “Negligent Autopsy”?
An autopsy wherein no cause of death is found
on account of imprudence, negligence, lack of skill or
lack of foresight of the examiner. The act or omission
which may be inadvertent or deliberate may be:
1. Failure to have an adequate history or facts and
circumstances surrounding the death. Special
circumstances surrounding death may require special
autopsy techniques which the pathologist may fail to do
during the autopsy. Air embolism, drug reaction, vagal
inhibition may be left unnoticed because of absence of
history.
2. Failure to make a thorough external examination —
Animal bites, injection marks, electrical necrosis may be
overlooked in a hasty external examination.
3. Inadequate or improper internal examinations —
Condition of the organs, presence of air in
pneumothorax or bubbles of air in the circulatory system
may remain unnoticed by the pathologist.
4. Improper histological examination — Tissue blocks
may not be taken in the proper areas, poor preparation of
the microscopic slides and improper lighting during the
process of examination may lead to an erroneous
interpretation.
5. Lack of toxicological or other laboratory aids — A
qualitative and quantitative determination of toxic
materials or its metabolites must be shown. Sometimes
difficulty is encountered by the forensic chemist because
of the lapse of time and rapid elimination of the drug.
6. Pathologist incompetence — The examiner must have
had vast experience in autopsy investigation and must
have the capacity to distinguish pathological changes in
the body tissues. (Handbook of Forensic Pathology by
Abdullah Fatteh, pp. 254255).
CAUSES OF DEATH
The distinction between cause of death and manner
of death
The 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 produce the fatal termination. It may
be immediate or proximate. The manner of death is the
explanation as to how the cause of death came into being
or how the cause of death arose.
1. Immediate (Primary) Cause of Death
This applies to cases when trauma or disease kill
quickly that there is no opportunity for sequelae or
complications to develop. An extensive brain
laceration as a result of a vehicular accident is an
example of immediate cause of death.
2. The Proximate (Secondary) 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.
MEDICO-LEGAL CLASSIFICATION OF THE
CAUSES OF DEATH
a. Natural Death
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. If a natural disease
developed without the intervention of the felonious acts
of another person, no one can be held responsible for the
death.
b. Violent Death
Violent deaths 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. The death
of the victim is presumed to be natural consequence of
the physical injuries inflicted, when the following facts
are established:
(1) That the victim at the time the physical injuries were
inflicted was in normal health.
(2) That the death may be expected from physical
injuries inflicted.
(3) That death ensued within a reasonable time (People
v. Datu Baginda, C.A. 44 O.G. 2287).
Penal Classification of Violent Deaths
(1) 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.
Take Note: Under Art. 12, No. 4 of 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 shall be exempted from criminal
liability.
Elements of the Provision:
(a) A person is performing a lawful act
(b) He performed it with due care
(c) He caused injury to another by mere accident
(d) He is without fault and with no intention of causing it
(2) Negligent Death
Death due to reckless imprudence, negligence,
lack of skill or lack of foresight.
Take Note: The Revised Penal Code provides that
felonies may be committed when the wrongful act
results from imprudence, negligence, lack of foresight or
lack of skill. If death occurred due to the recklessness of
someone, he may be charged for homicide through
reckless imprudence.
(3) Suicidal Death
Suicide is the act of intentionally causing one's
own death.
Take Note: 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.
Giving assistance to suicide (Under Art. 253 of
Revised Penal Code)
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.
Take Note: Assistance to suicide is different from
mercy-killing. Euthanasia or mercy killing is the practice
of painlessly putting to death a person suffering from
some incurable disease.
(4) Parricidal Death
Parricide (Art. 246, Revised Penal Code)
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.
Take Note: Assistance to suicide is different from
mercy-killing. Euthanasia or mercy killing is the practice
of painlessly putting to death a person suffering from
some incurable disease.
(5) Infanticidal Death
Infanticide (Art. 255, Revised Penal Code)
Infanticide is the killing of a child less than 3 days old
Take Note: If the offender is the father, mother or
legitimate ascendant, the crime is still infanticide not
parricide, because the basis of the crime is not the
relationship but the age of the child.
Abortion vs. Infanticide
● The victim in abortion is still a fetus which is not yet
viable (fully developed, that is, it can sustain an
independent life). In infanticide, the victim is already
viable.
● If the fetus had an intra-uterine life of less than 7
months and it was destroyed within 24 hours after its
complete separation from the womb, it is still abortion.
(Leonor D. Boado, Notes and Cases on the Revised
Penal Code,
2004 ed.)
(6) Murder (Art. 248, Revised Penal Code)
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 to death, if committed
with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity.
Take Note: There is treachery when the offender
commits any of the crimes against person, employing
means, or method, or form in its execution thereof which
tend directly or specially to ensure its execution, without
risk to himself arising from the defense which the
offended party may make (Art. 14, Par. 16, Revised
Penal Code).
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a streetcar or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin;
4. On occasion of any of calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately inhumanly augmenting
the suffering of the victim, or outraging or scoffing at
his person or corpse.
Take Note: Scoffing or outraging includes doing any act
upon the corpse which adds to the mental suffering or
humiliation of the heirs of the victim or which offends
the public.
Examples:
(i) dismembering the corpse by cutting off the head
(ii) urinating on it
(iii) putting it on a sack and throwing the sack in a
garbage pit
(iv) stripping if off the clothes
(7) Homicidal Death
Homicide (Art. 249, Revised Penal Code)
Any person who, not falling within the
provisions of article 246 shall kill another without the
attendance of any of the circumstances enumerated in
the provision of Art. 248 or Revised Penal Code
(Murder), shall be deemed guilty of homicide, and be
punished by reclusion temporal.
Elements of Homicide
(a) That a person was killed
(b) That the accused killed him without any justifying
circumstances.
(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.
Death under Special Circumstances
(1) Death Caused in a Tumultuous Affray (Art. 251,
Revised Penal Code)
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 inflicted serious physical injuries
can be identified, such person or persons shall be
punished by prision mayor.
If it cannot be determined who inflicted the
serious physical injuries on the deceased, the penalty
of prision correccional in its medium and maximum
periods shall be imposed upon all those who shall
have used violence upon the person of the victim.
Take Note:
1. Tumultuous affray exists hen at least 4 persons take
part in it
2. When there are 2 identified groups of men who
assaulted each other, there is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical
injuries on the deceased, all persons who used
violence upon the person of the victim.
(2) Death or Physical Injuries Inflicted under
Exceptional Circumstances (Art. 247, Revised Penal
Code)
Any legally married person who, having
surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or
both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen years of age, and their
seducers, while the daughters are living with their
parents.
Take Note:
1. The spouses must be legally married. If not, the
situation may only give rise to the mitigating
circumstance of Passion or Obfuscation,
2. In the second paragraph, it is not necessary that the
daughter is legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or
unexpectedly
5. Art 247 is applicable when the accused did not see his
spouse in the act sexual intercourse with another
person. However, it is enough that circumstances
reasonably show that the carnal act is being committed
or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery,
escape, pursuit and the killing must all form parts of
one continuous act
8. The killing must be the direct by-product of the rage
of the accused
9. In case the accused is the husband, he should not have
promoted or facilitated the prostitution of his wife
or daughter, or that the accused spouses had not
consented to the infidelity of the other spouse.
10. If death or serious physical injuries resulted, the
accused will be imposed the penalty of destierro, which
is intended more to protect him from the retaliation of
relatives of the victim, than as a punishment.
11. If what were inflicted were less serious or slight
physical injuries, there is no criminal liability, meaning
he/she will not suffer the penalty of destiero.
Special Death
1. Judicial Death
Modern methods in the execution of death sentences
have abandoned inhuman, cruel and barbarous means.
Executions by garroting, decapitation by means of the
guillotine and by drowning which were common
during the medieval days are no longer practiced. The
statutes of all countries state the legal procedure for the
execution of death penalties. The constitution, like that
of the Philippines, imposes certain limitations to the
law-making body as to the method to be established.
Methods of Judicial Death
1. Death by Electrocution
A person is made to sit on a chair made of
electrical conducting materials with straps of electrodes
on both wrists, ankles, and head. An alternating current
voltage of more than 1,500 volts is put on until the
convict dies.
2. Death by Hanging
The convict is made to stand in an elevated
collapsible flatform with a black hood on the head, a
noose made of rope around the neck and the other end of
which is fixed in an elevated structure above the head.
Without the knowledge of the convict, the flatform
suddenly collapses which causes the sudden suspension
of the body and tightening of the noose around the neck.
Death may be due to asphyxia or injury of the cervical
portion of the
spinal cord.
3. Death by Musketry
The convict is made to stand in an elevated
collapsible flatform with a black hood on the head, a
noose made of rope around the neck and the other end of
which is fixed in an elevated structure above the head.
Without the knowledge of the convict, the flatform
suddenly collapses which causes the sudden suspension
of the body and tightening of the noose around the neck.
Death may be due to asphyxia or injury of the cervical
portion of the spinal cord.
4. Death by Gas Chamber
The convict is enclosed in a compartment and an
obnoxious or asphyxiating gas is introduced. The most
common gas used is carbon monoxide. The convict will
not be removed from the gas chamber unless he is
pronounced dead by the penitentiary physician.
Take Note: The above-mentioned Judicial Deaths are no
longer applicable in the Philippines since the imposition
of Death penalty was already abolished by Republic Act
No. 9346.
2. Euthanasia
Euthanasia or "mercy killing" is the deliberate and
painless acceleration of death of a person usually
suffering from an incurable and distressing disease. Distinction Between Contusion and Hematoma
Contusion Hematoma
Types of Euthanasia Contusion Hematoma
1. Active Euthanasia — Intentional or deliberate In contusion the effused In hematoma blood
application of the means to shorten the life of a person. It blood are accumulated in accumulates in a newly
may be done with or without the consent or knowledge the interstices of the formed cavity underneath
of the person. Active euthanasia on demand is the tissue underneath the the skin.
putting to death of a person in compliance with the skin.
wishes of the person (patient) to shorten his sufferings. In contusion, the skin In hematoma the skin is
2. Passive Euthanasia — There is absence of the shows no elevation and if always elevated.
application of the means to accelerate death but the ever elevated, the
elevation is slight and is
natural course of the disease is allowed to have its way
on account of
to extinguish the life of a person. Consequently, the
inflammatory changes.
concept of orthothanasia and dysthanasia was adopted.
In contusion, puncture or In hematoma, aspiration
a. Orthothanasia — When an incurably ill person is aspiration with syringe of will show presence of
allowed to die a natural death without the application of the lesion no blood can blood and subsequent
any operation or treatment procedure. be obtained. depression of the elevated
b. Dysthanasia — When there is an attempt to extend lesion.
the life span of a person by the use of extraordinary
treatments without which the patient would have died c. Lacerated wound - tearing of the skin due to forcible
earlier. contact of blunt instrument.
d. Incised wound – wound produced on the body by
What is Death from Starvation? sharp edge instrument.
It is the deprivation of a regular and constant
supply of food and water. Distinction between and Incised wound and
Lacerated wound
Types of Starvation: Incised wound Lacerated wound
1. Acute starvation Edges are clean cut; Edges are roughly cut,
It happens when the necessary food has been regular; well-defined irregular and ill defined.
suddenly and completely withheld from a person. There is no swelling or There is swelling and
2. Chronic starvation contusion around the contusion around the
It happens when there is a gradual or deficient supply of incised around lacerated wound
food. Extremities of the wound Extremities of the wound
are sharp or may be round are ill-defined and
MEDICO-LEGAL ASPECTS OF PHYSICAL or contused. irregular,
INJURIES Examination by means of Examination with a
An injury is the impairment of the body a magnifying lens shows magnifying lens
structure or function caused by the outside force. It is the that the hair bulbs are cut. shows that the hair bulbs
effect of some form of stimulus to the body. The effect are preserved
of the application of force is the production of wound. Healing is faster Healing is delayed
Scar is linear or spindle Scar is irregular
What is wound? shaped.
It is a break or the dissolution in the continuity of the It is caused by a sharp- It is caused by a blunt
skin or tissues of the living body. edged instrument instrument.
Classification of wounds
1. As to severity: e. Punctured wound - wound produced on the body by
a. Mortal/Fatal Wound sharp-pointed instrument (e.g. ice pick, screwdriver,
Wound which when inflicted is capable of nails, and barbecue stick).
causing death immediately after infliction or shortly Take Note: Punctured wound is usually accidental but
thereafter. in rare instances it may be homicidal or suicidal.
b. Non-Mortal/Non-Fatal Wound f. Barotrauma - wound brought about by change of
Wound when inflicted will not endangers one’s atmospheric pressure
life. g. Frostbite, burns or scald - wound brought about by
2. As to the Kind of Instrument Used heat or cold
a. Contusion Wound- an injury in the substance of the h. Gunshot or shrapnel wound - wound brought about
skin, discoloration of the surface due to extravasation of by chemical explosion
blood. This is due to the application of a blunt i. Avulsion- layers of skin torn off completely or only
instrument. flap of skin remains
b. Hematoma Wound - this is the extravasation of blood j. Abrasion -wound characterized by the removal of the
in the newly formed cavity. This is due to the application superficial layer of the skin brought by friction against a
of a blunt instrument. hard, rough object.