Specialized Crime Investigation 1 With Legal Medicine

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SPECIALIZED CRIME PRIMARY JOB OF THE INVESTIGATOR

INVESTIGATION 1 WITH
LEGAL MEDICINE 1. To discover whether an offence has been
committed under the law.
SPECIAL CRIME 2. To discover how it was committed
INVESTIGATION 3. Who committed it and by whom it was committed
4. When it was committed
 Special Crime Investigation deals 5. And under certain circumstances why it was
with the study of major crimes committed
based on the application of special
investigative technique. RESPONSIBILITIES OF A HOMICIDE
 The study concentrates more on INVESTIGATOR
physical evidence, its collection,
handling, identification and 1. When called upon to investigate violent death, he
preservation in coordination with stands on the dead man’s shoes to produce his
the crime laboratory instincts against those suspects.
 Special Crime Investigation 2. The enthusiasm and intelligence the investigator
involves a close relationship brings in the case marks the difference between a
between the prober in the field and murderer being convicted and set free.
the crime laboratory technician. 3. If he interprets a criminal death accidental or
They work together as a team, natural, a guilty person is set free.
reacting to and extending one 4. Remember that the police is the first line of defence
another’s theories and findings in the effective application of criminal justice.
both working patiently and
thoroughly to solve a crime from MISTAKES IN THE HOMICIDE
their investigative discoveries. INVESTIGATION
 The present criminal justice system
in our country, the court relies  The mistakes of the homicide investigator cannot
more on physical evidence rather be corrected.
than extra-judicial confession.  The homicide investigator should not cross the
three bridges which he burns behind him. It is
PHASES OF SPECIAL CRIME important that competent personnel adequately
INVESTIGATION handle the case.
PRELIMINARY INVESTIGATION Three Bridges (MEC RULE)

- It is an action taken by the first  The dead person has been moved
responder who arrive the crime scene  The cadaver is embalmed
after detection or report of said crime.  The body is burned or cremated
- It serves as foundation for the case.
Basic Guide for the Investigator to look upon is to
IN- DEPTH INVESTIGATION establish the following:
1. Corpus delicti or facts that crime was committed
- It is the re-examination of all leads 2. Method of operation of the suspect
secured during preliminary 3. Identity of the guilty party
investigation

FINAL INVESTIGATION THE FOUR TYPES OF DEATH ARE:

- It is the final phase of investigation.  NATURAL


 ACCIDENTAL NONCRIMINAL
 SUICIDE
HOMICIDE INVESTIGATION

 Homicide Investigation is the  HOMICIDE: NONCRIMINAL OR CRIMINAL


official inquiry made by the police
on the facts and circumstances
surrounding the death of a person
which is expected to be unlawful.
NATURAL CAUSES *FELONY
*OFFENSE
 Natural causes of death include *MISDEMEANOR/INFRACTION
heart attacks, strokes, fatal
diseases, pneumonia, sudden crib CRIMES AGAINST PERSON
deaths and old age. (Destruction of Life)

ACCIDENTAL DEATHS ARTICLE 246 - PARRICIDE


Parricide is committed when:
 Among the causes of accidental 1. A person is killed
death are falling; drowning; 2. The deceased is killed by the accused
unintentionally taking too many 3. The deceased is the father, mother, or child,
pills or ingesting a poisonous whether legitimate or illegitimate; a legitimate
substance; entanglement in other than ascendant or descendant; or legitimate
industrial or farm machinery; or spouse of the accused. (People v. Malabago, G.R.
involvement in an automobile, boat, No. 115686, December 2, 1992)
train, bus or plane crash.
Parricide is based on the relationship of the offender
SUICIDE and the offended
 Legitimate except in case of parent and child where
 The intentional taking of one’s own relationship may either be legitimate or illegitimate.
life.  In the Direct line or between ascendants and
descendants. There is no parricide in the killing of
HOMICIDE brothers and sisters because the relationship is
collateral.
 Occurs when one human being  By Blood except for spouse. Thus, there is no
causes the death of another human parricide in the killing between adopter and
being. adopted, or between step- parent and step child
 Is another term for the killing of because the relationship is not by blood.
one person by another.
Notes:
1. The relationship of the offender with the victim is
TERMS CONNECTED WITH the essential element of the felony
HOMICIDE
2. Parents and children are not included in the term
KILLNG OF: “ascendants” or “descendants”
 SORORICIDE - sister
 FRATRICIDE - brother 3. The other ascendant or descendant must be
 MATRICIDE - mother legitimate. On the other hand, the father, mother or
 PATRICIDE - father child may be legitimate or illegitimate.
PARRICIDE – relatives such as parents,
spouse, child. A generic term * If the offender and the offended party, although
 INFANTICIDE – less than 3 days related by blood and in the direct line, are separated by
old an intervening illegitimate relationship, parricide can
 SUICIDE – taking ones own life no longer be committed.
voluntarily or intentionally The illegitimate relationship between the child
 UXORICIDE - wife and the parent renders all relatives after the child in the
 REGICIDE - king direct line to be illegitimate too.
 VATICIDE - prophet
 ABORTICIDE – fetus * The only illegitimate relationship that can
 EUTHANASIA – mercy killing bring about parricide is that between parents and
illegitimate children as the offender and the offended
CRIME parties.

 Is defined as an act committed or 4. The child should not be less than 3 days old.
omitted violation of a public law Otherwise, the offense is infanticide
forbidding or commanding it.
 It is also defined as an act that * That the mother killed her child in order to conceal
violates the law of nation. her dishonor is not mitigating. This is immaterial to the
crime of parricide, unlike in the case of infanticide. If
the child is less than three days old * Article 365 expressly provides that parricide can be
when killed, the crime is infanticide and committed through reckless imprudence. The penalty
intent to conceal her dishonour is will not be under Article 246 but under Article 365.
considered mitigating.
ARTICLE 247. Death or Physical Injuries
5. Relationship must be alleged. Inflicted under Exceptional Circumstances

- In killing a spouse, there must be a A legally married person or parent surprises his
valid subsisting marriage at the time of spouse or daughter (the latter must be under 18 and
the killing. Also, the information living with them) in the act of committing sexual
should allege the fact of such valid intercourse with another person
marriage between the accused and the
victim. He/she kills any or both of them or inflicts upon any
or both of them any serious physical injury in the act
In a ruling by the Supreme Court, it was or immediately thereafter.
held that if the information did not
allege that the accused was legally Notes:
married to the victim, he could not be *1. Article does not define or penalize a felony.
convicted of parricide even if the * Article 247, far from defining a felony merely
marriage was established during the trial. grants a privilege or benefit, more of an exempting
In such cases, relationship shall be circumstance as the penalty is intended more for the
appreciated as generic aggravating protection of the accused than a punishment. Death
circumstance. under exceptional character can not be qualified by
either aggravating or mitigating circumstances.
The Supreme Court has also ruled that
Muslim husbands with several wives * If the accused fails to establish the
can be convicted of parricide only in circumstances called for in Article 247, he/she will be
case the first wife is killed. There is no guilty of Parricide and Murder or Homicide if the
parricide if the other wives are killed victims were killed.
although their marriage is recognized as
valid. This is so because a Catholic man 2. Not necessary that the parent be legitimate
can commit the crime only once. If a 3. Article applies only when the daughter is single
Muslim husband could commit this 4. Art 247 is applicable when the accused did not see his
crime more than once, in effect, he is spouse in the act sexual intercourse with another person.
being punished for the marriage which However, it is enough that circumstances reasonably
the law itself authorized him to contract. show that the carnal act is being committed or has been
committed.
6. A stranger who cooperates in
committing parricide is liable for * It is not necessary that the spouse actually saw
murder or homicide. the sexual intercourse being committed. It is enough
that he/she surprised them under such circumstances
- Since parricide is a crime of that no other reasonable conclusion can be inferred but
relationship, if a stranger conspired in that a carnal act was being performed or has just been
the commission of the crime, he cannot committed.
be held liable for parricide. His
participation would make him liable for 5. Sexual intercourse does not include preparatory acts
murder or for homicide, as the case may
be. The rule of conspiracy that the act 6. IMMEDIATELY THEREAFTER: means that the
of one is the act of all does not apply discovery, escape, pursuit and the killing must all form
here because of the personal parts of one continuous act.
relationship of the offender to the
offended party. 7. No criminal liability is incurred when less serious or
slight physical injuries are inflicted. Moreover, in case
7. Even if the offender did not know third persons caught in the crossfire suffer physical
that the person he had killed is his son, injuries, the accused is not liable. The principle that one
he is still liable for parricide because the is liable for the consequences of his felonious act is not
law does not require knowledge of the applicable because he is not committing a felony
relationship
- A person who acts under Article 247 is 5. with evident premeditation.
not committing a crime. Since this is
merely an exempting circumstance, the 6. with cruelty, by deliberately and inhumanely
accused must first be charged with: augmenting the suffering of the victim or outraging or
scoffing at his person or corpse .
(1) Parricide – if the spouse is killed;
(2) Murder or homicide – depending on  The following are holdings of the Supreme Court
how the killing was done insofar as the with respect to the crime of murder:
paramour or the mistress is concerned; 1. Killing of a child of tender age is murder qualified
(3) Homicide – through simple by treachery because the weakness of the child due
negligence, if a third party is killed; to his tender age results in the absence of any
(4) Physical injuries – through danger to the aggressor.
recklessimprudence, if a third party is 2. Evident premeditation is absorbed in price, reward
injured. or promise, if without the premeditation the
inductor would not have induced the other to
 If death results or the physical commit the act but not as regards the one induced.
injuries are serious, there is 3. Treachery is inherent in poison.
criminal liability although the 4. Where one of the accused, who were charged with
penalty is only destierro. The murder, was the wife of the deceased but here
banishment is intended more for relationship to the deceased was not alleged in the
the protection of the offender information, she also should be convicted of murder
rather than a penalty. but the relationship should be appreciated as
aggravating.
 If the crime committed is less 5. Killing of the victims hit by hand grenade thrown at
serious physical injuries or slight them is murder qualified by explosion not by
physical injuries, there is no treachery.
criminal liability.
Article 255. INFANTICIDE
ARTICLE 248 - MURDER Committed by any person who shall kill any child less
Murder is the killing of another than three days of age (less than 72 hours).
attended by a qualifying
circumstances  When the offender is the father, mother or
legitimate ascendant, he shall suffer the penalty
A.) That the killing was attended by prescribed for parricide. If the offender is any other
any of the following qualifying person, the penalty is that for murder. In either case,
circumstances the proper qualification for the offense is
infanticide.
1. with treachery, taking advantage of
superior strength, with the aid of armed  Even if the killer is the mother or the father or the
men, or employing means to weaken the legitimate grandparents, the crime is still
defense or of means or persons to insure Infanticide and not Parricide. The penalty however,
or afford impunity is that for Parricide.

2. In consideration of price, reward or ARTICLE 249 - HOMICIDE


promise Homicide is the killing of any person which
does not constitute parricide, murder or infanticide and
3. by means of inundation, fire, poison, is not attended by any justifying circumstance
explosion, shipwreck, stranding of
vessel, derailment or assault upon a Notes:
street car or locomotive, fall of airship,  Homicide is the unlawful killing of a person not
by means of motor vehicles or with the constituting murder, parricide or infanticide.
use of any other means involving great
waste or ruin.  Intent to kill is conclusively presumed when death
resulted. Hence, evidence of intent to kill is
4. on occasion of any of the calamities required only in attempted or frustrated homicide
enumerated in the preceding paragraph,
or of an earthquake, eruption of a  Distinction between homicide and physical injuries:
volcano, destructive cyclone, epidemic
or any other public calamity.  In attempted or frustrated homicide, there is intent
to kill.
 In physical injuries, there is none. DISTINCTION BETWEEN AN ORDINARY
However, if as a result of the PHYSICIAN AND A MEDICAL JURIST:
physical injuries inflicted, the
victim died, the crime will be 1. An ordinary physician sees an injury or disease on
homicide because the law punishes the point of view of treatment, while a medico-
the result, and not the intent of the jurist sees injury or disease on the point of view of
act. cause.

LEGAL MEDICINE 2. The purpose of an ordinary physician examining a


patient is to arrive at a definite diagnosis so that
Is a branch of medicine which appropriate treatment can be instituted, while the
deals with the application of medical purpose of the medical jurist in examining a patient
knowledge to the purposes of law and in is to include those bodily lesions in his report and
the administration of justice. It is the testify before the court or before an investigative
application of basic and clinical, body; thus giving justice to whom it is due.
medical and paramedical sciences to
elucidate legal matters. 3. Minor or trivial injuries are usually ignored by an
ordinary clinician inasmuch as they do not require
It is the application of basic and usual treatment. Superficial abrasions, small
clinical, medical and paramedical contusion and other minor injuries will heal
sciences to elucidate legal matters. without medication. However, a medical jurist must
record all bodily injuries even if they are small or
Originally the terms legal minor because these injuries may be proofs to
medicine, forensic medicine and qualify the crime or to justify the act.
medical jurisprudence are synonymous
and in common practice are used OTHER DEFINITIONS
interchangeably. This concept prevailed Law
among countries under the Anglo- Is a rule of conduct, just, obligatory, laid by legitimate
American influence. power for common observance and benefit.
Characteristics of Law:
The concept and practice of a. It is a rule of conduct;
legal medicine in the Philippines is of b. It is dictated by legitimate power; and
Spanish origin. c. Compulsory and obligatory to all (Civil Code by
Padilla)
In modern times, especially in
continental European countries, legal Forms of Law:
medicine has a similar meaning as the
term forensic medicine, although, a. Written or Statutory Law (Lex Scripta):
strictly speaking, legal medicine is This is composed of laws which are produced
primarily the application of medicine to by the country's legislations and which are defined,
legal cases while forensic medicine codified and incorporated by the law-making body.
concerns with the application of Example: Laws of the Philippines,
medical science to elucidate legal
problems. b . Unwritten or Common Law (Lex non Scripta):
This is composed of the unwritten laws based on
On the other hand, medical immemorial customs and usages. It is sometimes
jurisprudence (j'uris-law, prudentia- referred to as case law, common law, jurisprudence or
knowledge) denotes knowledge"of law customary law. Example: Laws of England
in relation to the practice of medicine.
It concerns with the study of the rights,
duties and obligations of a medical Forensic
practitioner with particular reference to  It denotes anything belonging to the court of law or
those arising from doctor-patient used in court or legal proceedings or something
relationship. fitted for legal or public argumentations (Black's
Law Dictionary, 4th ed.)
A physician who specializes or
is involved primarily with medico legal Medicine
duties is known as medical jurist,  Medicine is a science and art dealing with
(meoical examiner, medico legal officer, prevention, cure and
medico-legal expert)
 alleviation of disease. It is that part the reign of Numa Pompilius in Rome (600 B.C.)
of science and art of restoring and
preserving health. The first "police surgeon" or forensic
pathologist was Antistius. Julius Caesar (100-44 B.C.)
Legal was murdered and his body was exposed in the forum
 Legal is that which pertains to law, and Antistius performed the autopsy. He found out that
arising out of, by virtue of or Julius Caesar suffered from twenty-three wounds and
included in law. It also refers to only one penetrated the chest cavity through the space
anything conformable to the letters between the first and second ribs.
or rules of law as it is administered
by the court. Justinian (483-565 A.D.), in his Digest, made
mention that a physician is not an ordinary witness and
Jurisprudence that a physician gives judgment rather than testimony.
 It is a practical science which This led to the recognition of expert witness in court.
investigates the nature, origin,
development and functions of law. The first textbook in legal medicine was
It is a science of giving a wise included in the Constitute Criminalis Carolina which
interpretation of the law and was promulgated in 1532 during the reign of Emperor
making just application of them to Charles V in Germany.
all cases as they arise
Paulus Zacchias (1584-1659), a papal physician, is
PRINCIPLE OF STARE DECISIS regarded as the "father of forensic medicine.“

 A principle that, when the court has In 1598, Severin Pineau published in Paris a work on
once laid down a principle of law virginity and defloration.
or interpretation as applied to a
certain state of facts, it will adhere Orfila (1787-1853) introduced chemical methods in
to and apply to all future cases toxicology. In his Traite' des Poison, he mentioned
where the facts are substantially mineral, vegetable and animal poison in relation with
the same. physiology, pathology and legal medicine. He was
considered later as the founder of modern toxicology.
BRIEF HISTORY OF LEGAL
MEDICINE On December 23, 1975, Presidential Decree 856 was
promulgated and Sec. 95 provides
IN WORLDWIDE SCALE:
A. Persons authorized to perform autopsies:
The earliest recorded medico- 1. Health officers
legal expert was Imhotep (2980 B.C.). 2. Medical officers of law enforcement agencies
He was the chief physician and architect 3. Members of the medical staff of accredited
of King Zoser of the third dynasty in hospitals
Egypt and the builder of the first
pyramid. That time was the first B. Autopsies shall be performed in the following cases:
recorded report of a murder trial written
on clay tablet. 1. Whenever required by special laws;
2. Upon order of a competent court, a mayor and a
The Code of Hammurabi, the provincial or city fiscal;
oldest code of law (2200 B.C.) included 3. Upon written request of police authorities,
legislation on adultery, rape, divorce, 4. Whenever the Solicitor General, provincial or city
incest, abortion and violence. fiscal deem it necessary to disinter and take
possession of the remains for examination to
Hippocrates (460-355 B.C.) in determine the cause of death;
Greece discussed the lethality of 5. Whenever the nearest kin shall request in writing
wounds. Aristotle (384-322 B.C.) fixed the authorities concerned to ascertain the cause of
animation of fetus at the 40th day after death.
conception.
MEDICOLEGAL ASPECTS OF DEATH
That bodies of all women dying
during confinement should Death is the termination of life. It is the
immediately be opened in order to save complete cessation of all the vital functions without the
the child's life was promulgated during possibility of resuscitation
Dying is a continuing process of serious sequelae which actually cause the death.
while death is an event that takes place
at a precise time. KINDS OF DEATH

WHEN ANY OF THE THREE  Somatic/Clinical Death


VITAL BODY FUNCTION IS NO  Molecular Death
LONGER PERFORMING:  Apparent Death
a. Respiratory
b. Cardiac activity I. SOMATIC/CLINICAL DEATH
c. Central nervous system
 This is the state of the body in which there is
The Facts of Death complete, persistent and continuous cessation of
the vital functions of the brain, heart and lungs
1. He first action of an investigator which maintain life and health. It occurs the
upon arriving at the crime scene of moment a physician or the other members of the
the homicide is the verification of family declare a person has expired, and some of
death. the early signs of death are present. It is hardly
possible to determine the exact time of death.
2. An individual is said to be dead in
the medical sense when one of the CLINICAL TYPES OF DEATH
three vital function is no longer
performing within the body: 1. Sociologic death – experience by patient who are
abandoned and let alone to die. The sense of
a. Respiratory system isolation or abandonment.
b. Cardiac Activity 2. Psychic death – the patient regresses, gives up or
c. Central nervous system activity surrenders accepting death prematurely.
3. Biologic death – characterized by the absence of
3. In the legal sense, death is cognitive functions or awareness despite of the
considered to occur when all of the artificial life support.
three above vital functions have 4. Physiologic death – a death when all vital organs
ceased. cease to function.

IMPORTANCE OF DEATH II. MOLECULAR OR CELLULAR DEATH


DETERMINATION
After cessation of the vital functions of the body
I. Personality of a person is there is still animal life among individual cells. This is
extinguished by death. evidence by the presence of/excitability of muscles and
II. Criminal liability is extinguished ciliary movements and other functions of individual
by death. cells. About three to six hours later, there is death of
III. Property of a person is transmitted individual cells. This is known as molecular or cellular
to heirs or nearest of skin. death. Its exact occurrence cannot be definitely
IV. Basis of immediate removal of ascertained because its time of appearance is influenced
organs for transplantation. by several factors. Previous state of health, infection,
V. Civil case for claim is dismissed. climatic condition, cellular nutrition, etc. influence its
occurrence.
CAUSES OF DEATH
III. APPARENT DEATH" OR "STATE OF
1. Immediate ( Primary ) Cause of SUSPENDED ANIMATION":
Death – this applies to cares when
trauma or disease kill quickly that This condition is not really death but merely a
there is no opportunity for transient loss of consciousness or temporary cessation
sequelae or complications to of the vital functions of the body on account of disease,
develop. external stimulus or other forms of influence. It may
arise especially in hysteria, uremia, catalepsy and
2. The Proximate ( Secondary ) electric shock.
Cause of Death – The injury or It is important to determine the condition of
disease was survived for a suspended animation to prevent premature burial.
sufficiently prolonged interval
which permitted the development
SIGNS OF DEATH EXAMINATION OF THE PERIPHERAL
CIRCULATION:
 CESSATION OF HEART Magnus'Test - A ligature is applied around the base of
ACTION AND CIRCULATION a finger with moderate tightness.
 CESSATION OF RESPIRATION
 COOLING OF THE BODY Icard's Test - This consists of the injection of a solution
(ALGOR MORTIS) of fluorescein subcutaneously. If circulation is still
 INSENSIBILITY OF THE BODY present, the dye will spread all over the body and the
AND LOSS OF POWER TO whole skin will have a greenish-yellow discoloration
MOVE due to flourescein. In a dead man, the solution will just
 CHANGES IN THE SKIN remain at the site of the injection.
 CHANGES IN AND ABOUT THE
EYE: Diaphanous Test - The fingers are spread wide and the
 ACTION OF HEAT ON THE finger webs are viewed through a strong light. In the
SKIN living, the finger webs appear red but yellow in the
dead.
CESSATION OF HEART ACTION Opening of Small Artery:
AND CIRCULATION Pressure on the Fingernails:
Application of Heat on the Skin:
There must be an entire and Palpation of the Radial Pulse:
continuous cessation of the heart action Dropping of Melted Wax:
and flow of blood in the whole vascular
system. A temporary suspension of the CESSATION OF RESPIRATION
heart action is still compatible with life.
A person can hold his breath for a period not longer than
As a general rule, if there is no 3-1/2 minutes.
heart action for a period of five minutes
death is regarded as certain. METHODS OF DETECTING CESSATION OF
RESPIRATION:
METHODS OF DETECTING THE
CESSATION OF HEART ACTION  Expose the chest and abdomen and observe the
AND CIRCULATION: movement duringinspiration and expiration .
 Examine the person with the aid of a stethoscope
EXAMINATION OF THE HEART: which is placed at the base of the anterior aspect of
the neck and hear sound of the current o air passing
Palpation of the Pulse - Pulsation of through the trachea during
the peripheral blood vessels may be  Examination with a Mirror
made at the region of the wrist or at the  Examination with a Feather or Cotton Fibers:
neck. The pulsation of the vessels is  Examination with a Glass of Water:
synchronous with the heart beat.  Winslow's Test:
There is no movement of the image formed by
Auscultation for the Heart Sound at reflecting artificial or sun light on the water or mercury
the Precordial Area: The rhythmic contained in a saucer and placed on the chest or
contraction and relaxation of the heart is abdomen if respiration is not taking place.
audible through the stethoscope.
COOLING OF THE BODY
Flouroscopic Examination: (ALGOR MORTIS)
Fluoroscopic examination of the chest
will reveal the shadow of the heart in its After death the metabolic process inside the
rhythmic contraction and relaxation. body ceases, No more heat is produced but the body
loses slowly its temperature by evaporation or by
By the Use of Electrocardiograph: conduction to the surrounding atmosphere.
The heart beat is accompanied by the The progressive fall of the body temperature is
passage of electrical charge through the one of the most prominent signs of death.
impulse conducting system of the heart The fall of temperature of 15 to 20 degrees
which may be recorded in an Fahrenheit is considered as a certain sign of death.
electrocardiograph machine.
POST-MORTEM CALORICITY
Is the rise of temperature of the body after death
due to rapid and early putrefactive changes or some
internal changes. It is usually observed  STAGE OF SECONDARY FLACCIDITY OR
in the first two hours after death. COMMENCEMENT OF PUTREFACTION
Post-mortem caloricity may occur in the - (Decay of the muscles):
following conditions:
a. Cholera. STAGE OF PRIMARY FLACCIDITY (POST-
b. Yellow fever. MORTEM MUSCULAR IRRITABILITY)
c. Liver abscess.
d. Peritonitis. The Muscles are relaxed and capable of
e. Cerebro-spinal fever. contracting when stimulated. The pupils are dilated, the
f. Rheumatic fever. sphincters are relaxed, and there is incontinence of
g. Tetanus. urination and defecation.
h. Smallpox.
i. Strychnine poisoning. To determine whether the muscles are still
irritable, apply electric current and note whether there is
METHODS OF ESTIMATING HOW still irritability of the muscles.
LONG A PERSON HAS BEEN
DEAD FROM THE COOLING OF This stage usually lasts about three to six hours
THE BODY: after death. In warm places, the average duration is only
one hour and fifty one minutes
As a general rule the body
attains the temperature of the STAGE OF POST-MORTEM RIGIDITY
surrounding air from 12 to 15 hours (CADAVERIC RIGIDITY, OR DEATH
after death in tropical countries STRUGGLE OF MUSCLES OR RIGOR MORTIS):
Slide 85
The whole body becomes rigid due to the
THE THREE SIGNS OF contraction of the muscles. This develops three to six
PRESUMPTIVE DEATH hours after death and may last from twenty-four to
thirty-six hours.
1. Cessation of breathing or
respiratory movement Three to six hours after death the muscles
2. Cessation of heart sounds gradually stiffen. It usually starts at the muscles of the
3. Loss of flushing on nail beds when neck and lower jaw and spreads downwards to the chest,
pressure is released arms, and lower limbs. Usually the whole body
becomes stiff after twelve hours.
CHANGES IN THE BODY
FOLLOWING DEATH In the medico-legal view point, post-mortem
rigidity may be utilized to approximate the length of
CHANGES IN THE MUSCLE: time the body has been dead.
After death, there is complete
relaxation of the whole muscular In temperate countries, rigor mortis may last for
system. The entire muscular system is two or three days but in tropical countries the usual
contractile for three to six hours after duration is twenty- four to forty-eight hours during cold
death, and later rigidity sets in. weather and eighteen to thirty-six hours during summer.
Secondary relaxation of the muscles
will appear just when decomposition In warm countries like the Philippines, rigor
has set in. mortis sets in from 2 to 3 hours after the death. It is
fully developed in the body after 12 hours. It may last
THE ENTIRE MUSCULAR TISSUE from 18 hours to 36 hours and its disappearance is
PASSES THREE STAGES AFTER concomitant with the onset of putrefaction.
DEATH:
CONDITIONS SIMULATING RIGOR MORTIS:
 STAGE OF PRIMARY
FLACCIDITY HEAT STIFFENING:
- (post-mortem muscular irritability): If the dead body is exposed to temperatures
above 75°C it will coagulate the muscle proteins and
 STAGE OF POST-MORTEM cause the muscles to be rigid. The stiffening is more or
RIGIDITY less permanent and may not be easily affected by
- (Cadaveric rigidity, or Death struggle putrefaction.
of muscles or Rigor Mortis):
COLD STIFFENING:
Body is frozen, but exposure to The stasis of the blood due to the cessation of
warm condition will make such circulation enhances the coagulation of blood inside the
stiffening disappear. The cold stiffening blood vessels.
is due to the solidification of fat when
the body is exposed to freezing Blood- may remain fluid inside the blood
temperature vessels after death for 6 to 8 hours.

CADAVERIC SPASM OR DISTINCTIONS BETWEEN ANTE-MORTEM


INSTANTANEOUS RIGOR: FROM POST-MORTEM CLOT:
This is the instantaneous
rigidity of the muscles which occurs at Ante-mortem Clot Post-mortem Clot
the moment of death due to extreme Firm in consistency. Soft in consistency
nervous tension, exhaustion and injury Surface of the blood vessel Surface of the blood vessels
to the nervous system or injury to the raw after the clots are smooth and healthy after the
chest. removed clots are removed
Clots homogenous in Clots can be stripped off in
DISTINCTIONS BETWEEN RIGOR construction so it cannot be layers
MORTIS AND CADAVERIC stripped into layers
SPASM: Clots with uniform color Clots with distinct layer
Time of Appearance:
b. Post-mortem lividity or cadaveric lividity, or post-
Rigor mortis appears three to
mortem suggillation or post-mortem hypostasis or livor
six hours after death, while cadaveric
mortis:
spasm appears immediately after death.
 The stoppage of the heart action and the loss of tone
of blood vessels cause the blood to be under the
Muscles Involved:
influence of gravity. Blood begins to accumulate in
Rigor mortis involves all the
the most dependent portions of the body. The
muscles of the body whether voluntary
capillaries may be distended with blood. The
or involuntary, while cadaveric spasm
distended capillaries coalesce with one another until
involves only a certain muscle or group
the whole area becomes dull-red or purplish in
of muscles and are asymmetrical.
color known as post- mortem lividity.
 The lividity usually appears three to six hours after
Occurrence:
death and the condition increases until the blood
Rigor mortis is a natural
coagulates.
phenomena which occurs after death,
 Twelve hours after death, the post-mortem lividity
while cadaveric spasm may or may not
is already fully developed. It also involved internal
appear on a person at the time of death.
organs.
Medico-Legal Significance:
PHYSICAL CHARACTERISTICS OF POST-
Rigor mortis may be utilized by
MORTEM LIVIDITY:
a medical jurist to approximate the time
of death, while cadaveric spasm may be
1) It occurs in the most extensive areas of the most
useful to determine the nature of the
dependent portions of the body.
crime.
2) It only involves the superficial layer of the skin.
3) It does not appear elevated from the rest of the skin.
STAGE OF SECONDARY
4) The Color is uniform but the color may become
FLACCIDITY OR SECONDARY
greenish at the start of decomposition.
RELAXATION:
5) There is no injury of the skin.
The muscles become flaccid, no
KINDS OF POST-MORTEM (CADAVERIC)
longer capable of responding to
LIVIDITY:
mechanical or electrical stimulus and
the reaction becomes alkaline
HYPOSTATIC LIVIDITY:
After the disappearance of rigor
The blood merely gravitates into the most
mortis, the muscle becomes soft and
dependent portions of the body but still inside the blood
flaccid.
vessels and still fluid in form. Any change of position
of the body leads to the formation of the lividity in
CHANGES IN THE BLOOD
another place. This occurs during the early stage of its
a. Coagulation of the Blood:
formation.
DIFFUSION LIVIDITY MARBOLIZATION
This appears during the later It is the prominence of the superficial veins with
stage of its formation when the blood reddish discoloration during the process of
has coagulated inside the blood vessels decomposition which develops on both flanks of the
or has diffused into the tissues of the abdomen, root of the neck and shoulder and which
body. Any change of position will not makes the area look like a "marbled" reticule of
change the location of the lividity. branching veins. This is observed easily among dead
persons with fair complexion.
IMPORTANCE OF CADAVERIC
LIVIDITY: CHRONOLOGICAL SEQUENCE TROPICAL
REGION
 Importance of Cadaveric Lividity:
1) It is one of the signs of death. NUMBER OF EVENTS
2) It may determine whether the HOURS/DAYS
position of the body has been 12 H Rigor will be evident
changed after its appearance in the 24 H Rigor will be evident with
body. greenish discoloration
3) The color of the lividity may 48 H Presence of ova flies
indicate the cause of death. 72 H Cadaver was swollen and
Example: disfigured
 In asphyxia, the lividity is dark. One Week Soft viscera putrefied
 In carbon monoxide poisoning, the 2 Weeks Soft viscera largely gone
lividity is bright pink. 1 Month Body is skeletonized
 Hemorrhage, anemia — less
marked. Hydrocyanic acid —
INFLUENCE OF BACTERIA IN
bright red.
DECOMPOSITION:
 Phosphorus — dark brown.
 Potassium chlorate, Potassium
Decomposition is due to action of bacteria in
bichromate — chocolate or coffee
various tissues of the body.
brown.
In the Philippines like other tropical countries,
If the body is found for considerable
decomposition is early and the average time is 24 to 48
time in snow or ice the lividity is bright
hours after death.
red.
4) It may determine how long the
Other Destructive Agents During Decomposition:
person has been dead.
Maggots (Larvae)
5) It gives us an idea as to the time of
Adult Flies
death.
Reptiles:
Rodents (rats and mice) Other Mammals:
AUTOLYTIC OR
Fishes and Crabs:
AUTODIGESTTVE CHANGES
Molds
AFTER DEATH:
As a general rule, molds do not destroy the dead
After death, proteolytic,
bodies but their growth cause disfigurement and minor
glycolytic and lipolytic ferments of
superficial lesions on the skin
glandular tissues continue to act which
lead to the autodigestion of organs.
ENTOMOLOGY OF THE CADAVER:
This action is facilitated by weak acid
and higher temperature.
The common flies undergo larval, pupal and
adult stages. The usual time for the egg to be hatched
PUTREFACTION OF THE BODY:
into larva is 24 hours so that by the. mere fact that there
are maggots in the cadaver, one can conclude that death
PUTREFACTION
has occurred more than 24 hours.
Is the breaking down of the
complex proteins into simpler
NOTE:
components associated with the
Father of Modern Entomology: Reverend William Kirby
evolution of foul smelling gasses and
accompanied by the change of color of
SPECIAL MODIFICATION OF PUTREFACTION
the body.
MUMMIFICATION
Mummification is the dehydration of the whole
body which results in the shivering and preservation of
the body. It usually occurs when a dead MEDICO-LEGAL ASPECTS OF PHYSICAL
body is buried in a hot, and arid place INJURIES
with dry atmosphere and with free
access of hot air. Physical injury is the effect of some forms of stimulus
Mummification is observed in on the body.
warm countries where evaporation of
body fluid takes place earlier and faster  Causes of Physical Injuries:
than decomposition.  Physical Violence
 Heat or Cold
KINDS OF MUMMIFICATION:  Electrical Energy
 Chemical Energy
NATURAL MUMMIFICATION  Radiation by Radio-Active Substances
When a person is buried in hot,  Change of Atmospheric Pressure (Barotrauma)
arid, sandy soil, there will be  Infection
insufficient moisture for the growth and
multiplication of putrefactive bacteria. PHYSICAL INJURIES BROUGHT ABOUT BY
PHYSICAL VIOLENCE
ARTIFICIAL MUMMIFICATION:
The principles involved in The effect of the application of physical
artificial mummification are: violence on a person is the production of wound.
a) Acceleration of the evaporation of
the tissue fluid of the body before A wound is the solution of the natural continuity
the actual onset of decomposition. of any tissue of the living body. It is the disruption of
b) Addition of some body the anatomic integrity of a tissue of the body. In several
preservatives to inhibit occasions, the word physical injury is used
decomposition and to allow interchangeably with wound.
evaporation of fluid. This is made
by treatment of the body with VITAL REACTION
arsenic, formalin, resinous or tarry
materials. It is the sum total of all reactions of tissue or organ to
trama.
SAPONIFICATION OR ADIPOCERE
FORMATION: The following are the common reactions of a living
This is a condition wherein the tissue to trauma:
fatty tissues of the body are
transformed to soft brownish-white a. "Rubor" — Redness or congestion of the area due
substance known as adipocere. to an increase of blood supply as a part of the
Adipocere is a waxy material, reparative mechanism.
rancid or moldy in odor, floats in water, b. "Calor" — Sensation of heat or increase in
and dissolves in ether and alcohol. With temperature.
diluted solution of copper sulfate, it c. "Dolor" — Pain on account of the involvement of
gives a light greenish- blue color. It is the sensory nerve.
inflammable and burns with a faint d. Loss of function — On account of the trauma, the
yellow flame. When distilled it tissue may not be able to function normally.
produces a dense oily vapor.
CLASSIFICATION OF WOUNDS:
MACERATION
This is the softening of the AS TO SEVERITY:
tissues when in a fluid medium in the
absence of putrefactive microorganism MORTAL WOUND - Wound which is caused
which is frequently observed in the immediately after infliction or shortly thereafter that is
death of the fetus en utero. capable of causing death.
Putrefaction does not take place Parts of the Body where the Wounds Inflicted are
and the fetus becomes soft. The Considered Mortal:
softening of the body may be due to the  Heart and big blood vessels.
action of the autolytic and proteolytic  Brain and upper portion of the spinal cord.
enzymes and ferments.  Lungs.
 Stomach, liver, spleen and intestine.
 NON-MORTAL WOUND —
Wound which is not capable of AS REGARDS TO THE RELATION OF THE
producing death immediately after SITE OF THE APPLICATION OF FORCE AND
infliction or shortly thereafter. THE LOCATION OF INJURY:

AS TO THE KIND OF COUP INJURY — Physical injury which is located at


INSTRUMENT USED: the site of the application of force,
a. Wound brought about by blunt
instrument (contusion, hematoma, CONTRE-COUP INJURY — Physical injury found
lacerated wound). opposite the site of the application force.
b. Wound brought about by sharp
instrument: COUP CONTRE-COUP INJURY — Physical injury
 Sharp-edged instrument(incised located at the site and also opposite the site of
wound). application of force.
 Sharp-pointed instrument
(punctured wound). "LOCUS MINORIS RESISTENCIA" — Physical
 Sharp-edged and sharp pointed injury located not at the site nor opposite the site of the
instrument (stab wound). application of force but in some areas offering the least
c. Wound brought about by tearing resistance to the force applied. A blow on the forehead
force (lacerated wound). may cause contusion at the region of the eyeball
d. Wound brought about by change of because of the fracture on the papyraceous bone
atmospheric pressure (barotrauma). forming the roof of the orbit.
e. Wound brought about by heat or
cold (frostbite, burns or scald). EXTENSIVE INJURY — Physical injury involving a
f. Wound brought about by chemical greater area of the body beyond the site of the
explosion (gunshot or shrapnel application of force. It has not only the wide area of
wound). injury but also the varied types of injury.
g. Wound brought about by infection
SPECIAL TYPES OF WOUNDS:
AS TO THE MANNER OF
INFLICTION: DEFENSE WOUND — Wound which is the result of a
Hit — by means of bolo, blunt person's instinctive reaction of self-protection. Injuries
instrument, axe. suffered by a person to avoid or repel potential injury
Thrust or stab — bayonet dagger. contemplated by the aggressor.
Gunpowder explosion — projectile or PATTERNED WOUND — Wound in the nature and
shrapnel wound. Sliding or rubbing or shape of an object or instrument and which infers the
abrasion. object or instrument causing it.
AS REGARDS TO THE DEPTH OF SELF-INFLICTED WOUND— Self-inflicted wound is
THE WOUND: a wound produced on oneself. As distinguished from
Superficial — When the wound suicide, the person has no intention to end his life.
involves only the layers of the skin.
TYPES OF WOUNDS (MEDICAL
Deep — When the wound involves the CLASSIFICATION)
inner structure beyond the layers of the
skin. OPEN WOUND
There is a breach of continuity of the skin or
PENETRATING — one in which the mucous membrane.
wounding agent enters the body but did a. Abrasion
not come out or the mere piercing of a b. Incised Wound
solid organ or tissue of the body. c. Stab Wound
d. Punctured
PERFORATING — When the e. Lacerated
wounding agent produces
communication between the inner and CLOSED WOUND
outer portion of the hollow organs. It There is no breach of continuity of the skin or
may also mean piercing or traversing mucous membrane.
completely a particular part of the body
causing communication between the
points of entry and exit of the Superficial
instrument or substance producing it.
When the wound is just tissue is superficially located, like the head, chest and
underneath the layers of the skin or anterior aspect of the legs.
mucous membrane.
1) Petechiae. MUSCULO-SKELETAL INJURIES
2) Contusion. SPRAIN - Partial or complete disruption in the
3) Hematoma. continuity of a muscular or ligamentous support of a
joint. It is usually caused by a blow, kick or torsion
Deep force.
1. Musculoskeletal Injuries DISLOCATION - Displacement of the articular surface
 Sprain of bones entering into the formation of a joint.
 Dislocation FRACTURE — Solution of continuity of bone
 Fracture resulting from violence or some existing pathology.
 Strain STRAIN - The over-stretching, instead of an actual
 Subluxation tearing or the rupture of a muscle or ligament which
may not be associated with the joint.
2. Internal Hemorrhage. SUBLUXATION — Incomplete dislocation.
3. Cerebral Concussion.
GUNSHOT WOUND
PETECHIAE Factors Responsible for the Injurious Effects of
This is a circumscribed Missile:
extravasation of blood in the a. Speed of the Bullet
subcutaneous tissue or underneath the b. Size and Shape of the Bullet
mucous membrane. c. Character of the Missile's Movement in Flight (e.g.
yawing)
CONTUSION
Contusion is the effusion of Short Range Fire (1 to 15 cm. distance)
blood into the tissues underneath the
skin on account of the rupture of the 1. Edges of the entrance wound is inverted.
blood vessels as a result of the 2. If within the flame reach (about 6 inches in rifle and
application of blunt force or violence. high powered firearms and less than 3 inches from
an ordinary handgun), there is an area of burning.
The contusion is red sometimes purple 3. Smudging is present due to smoke.
soon after its complete development. 4. "Powder tattooing* is present (dense and limited
In 4 to 5 days, the color changes to dimension of spread).
green. 5. Abrasion ring collar is present (contact ring).
In 7 to 10 days, it becomes yellow and
gradually disappears on the 14th or Medium Range Fire (more than 15 cm. but less than
15th day 60 cm.)

APPEARANCE OF 1. Gunshot wound with inverted edges


CONTUSIONS/BRUISES and with abrasion collar is present.
2. Burning effects (skin bum and hair singeing) is
AT FIRST RED absent.
3. Smudging may be present if less than 30 cm.
FEW HOURS to 3 BLUE
distance.
DAYS
4. Gunpowder tattooing is present but of lesser
4TH DAY BLUISH BLACK
density and has a wider area of distribution.
to BROWN
5. Contact ring is present.
5 TO 6 DAYS GREENISH
7 TO 12 DAYS YELLOW Fired More Than 60 cm. Distance:
2 WEEKS NORMAL
1. Gunshot wound is circular or oval depending on the
angle of approach with abrasion collar.
HEMATOMA (Blood Cyst, Blood 2. Wound of entrance has no burning, smudging or
tumor) tattooing.
3. Contact ring is present.
Hematoma is the extravasation
or effusion of blood in a newly formed
cavity underneath the skin. It usually
develops when the blunt instrument is
applied in part of the body where bony
THERMAL INJURIES OR DEATHS by proof to be contrary (U.S. V. Alvarez, 1 Phil. 242).
A woman is presumed to be a virgin when unmarried
Thermal injuries are those and of good reputation.
caused by an appreciable deviation Slide 134
from normal temperature, capable of
producing cellular or tissue changes in TYPES OF VIRGINITY
the body. Thermal death is one MORAL VIRGINITY — The state of not knowing the
primarily caused by thermal injuries. nature of sexual life and not having experienced sexual
relation.
DEATH OR INJURY FROM COLD PHYSICAL VIRGINITY— A condition whereby a
woman is conscious of the nature of the sexual life but
FROSTBITE - It is a condition of has not experienced sexual intercourse.
exposure to cold temperature or certain TRUE PHYSICAL VIRGINITY— A condition wherein
parts of the body which produces the hymen is intact with the edges distinct and regular
mechanical disruption of cell structure, and the opening small to barely admit the tip of the
it leads to swelling, thrombosis and smallest finger of the examiner if the thighs are
gangrene of the affected tissues. separated.
TRENCH FOOT - A condition usually FALSE PHYSICAL VIRGINITY — A condition wherein
seem among those walking over the the hymen is unruptured but the orifice is wide and
snow where the foot is exposed to elastic to admit two or more fingers of the examiner
freezing temperature. with a lesser degree of resistance.
DEMI-VIRGINITY - This term refers to a condition of
DEATH OR INJURY FROM HEAT a woman who permits any form of sexual liberties as
1. General or Systemic Effects: long as they abstain from rupturing the hymen by
a. Heat cramps. - This is the sexual act.
involuntary spasmodic painful "VIRGO INTACTA" - liberal authorities extend the
contraction of muscles essentially connotation of the term to include women who have had
due to dehydration and excessive previous sexual act or even habitually but had not given
loss of chlorides by sweating. birth.
b. Heat exhaustion. - This is due to a
heart failure primarily caused by Parts of the female body to be considered in the
heat and precipitated by muscular determination of the condition of virginity:
exertion and warm clothing.
c. Heat stroke - This usually occurs  BREASTS
among those working in ill-
ventilated places with dry and high a. Hemispherical Breast — The breast is like a
temperatures or due to a direct hemisphere. The contour lines are not straight but
exposure to the sun. form part of a circle or half of a sphere.
2. Local Effects: b. Conical Breast — The breast has the shape similar
a. Scald. – caused by hot liquid to a cone. The outline consists of two converging
b. Burns. - dry heat lines which meet at the region of the nipple.
c. Infantile or Flat Breast — The breast is only
MEDICO-LEGAL ASPECTS OF slightly elevated from the chest without distinct
SEX CRIMES boundary and showing no definite shape.
VIRGINITY AND DEFLORATION d. Pendulous Breast — The skin of the breast is loose
making it capable of swinging in any direction.
A . VIRGINITY This is commonly observed among parturient
Virginity is a condition of a breast-feeding mothers. A pendulous breast may be:
female who has not experienced sexual 1) Hemispherical pendulous breast — It has the shape
intercourse and whose genital organs of a hemisphere but with loose skin.
have not been altered by carnal 2) Conical pendulous breast — It has the shape of a
connection. cone and is capable of swinging sidewise.
A woman is a "virtuous female"
if her body is pure and if she has never VAGINAL CANAL
had any sexual intercourse with another, As a general rule, the vaginal canal of a virgin is
though her mind and heart is impure tight and the rugosities are sharp and prominent.

The presumption of a woman's virginity LABIA MAJORA AND LABIA MINORA


arises whenever it is shown that she is
single and continuous until overthrown
The labia majora is firm, elastic and surgery may be necessary to open the hymen to
plump and its medial borders are allow free passage of menstrual blood.
usually in close contact with each other
so as to cover the labia minora and the B. DEFLORATION
clitoris. Defloration is the laceration or rupture of the
hymen as a result of sexual intercourse. All other
FOURCHETTE lacerations of the hymen which are not caused by
The fourchette present a V-shape sexual act are not considered as defloration.
appearance as the two labia minora
unite posteriorly. MEDICO-LEGAL ASPECT OF POISONING

HYMEN Definition of Poison:


Physicians give much attention  A poison is anything other than physical agencies
in the examination of the hymen in the which is capable of destroying life, either by
determination of virginity. chemical action on the tissues of the living body,
or by physiological action by absorption into the
Classification of Hymen: living system.
a. As to shape and size of the opening:  Legally, a poison is a substance which, if applied or
1) Annular or circular — The administered internally, has been applied or
opening is oval or circular located administered with the intention to kill or to do
at the center of the hymen. There harm.
may be indentation of the borders.  The intent in the administration is the essential
element in law. The quantity does not affect
2) Infantile — The opening is small, culpability, nor is the law concerned with the
usually linear, fleshy and resistant. quantity in which the substance acts.

3) Semilunar or crescentric — The CIRCUMSTANCES AFFECTING ACTION OF


concavity may be facing either side POISON
or upwards or downwards. The  Method of Administration
tapering ends of the crescent may  Idiosyncrasy
be the frequent sites of laceration.  Age
 Habit
4) Linear — The opening is slit-like  Dose
and usually running vertically.  Stare of the Stomach and Kidneys
5) Cribiform — The hymen presents
several openings instead of a SIGNS AND SYMPTOMS THAT MAY LEAD
single one. In several instances the ONE TO SUSPECT POISONING
openings are quite small and will
require the use of a hand lens to  The complaints and symptoms appear suddenly like
make them visible. an acute abdomen, apoplexy, heart failure or
6) ( 6 ) Stellate — hymenal opening cholera.
is like a star.  The symptoms appear when the individual is at the
7) Septate — There are two openings state of health.
which may be of equal or different  The symptoms usually appear after a meal or after
sizes separated by a bridge of taking some food or medicine. The onset of the
hymenal tissue. After a sexual act symptoms is influenced by the modifying factors
there may be complete rupture of mentioned, but it appears within an hour in most
the bridging tissue or marked cases.
distention of one to make the other  When several persons partake the food or drug at
opening almost invisible. the same time, the approximate occurrence of the
8) Fimbriated — The border of the symptoms is at the same time.
opening shows small irregular  The course of the symptoms may either be getting
protrusion towards the opening. In severe or having steady improvement.
some instances the fimbriation may  The detection of the poison can be done on any of
be big enough that the examiner the following:
may mistake it to be a superficial a. food taken c. vomitus
laceration. b. Container d. excretions
9) Imperforate — There is no
opening on the hymen. When a
woman starts to menstruate,
FOOD POISONING survive, after the administration of lethal dose of poison
Food poisoning is a state of ill- can be shown by the administration of the said poison to
health resulting from food which has experimental animals within the view of the court.
some abnormal or noxious content.
DOCUMENTARY EVIDENCE:
MEDICAL EVIDENCE A document is an instrument on which is
Evidence is the means, recorded by means of letters, figures, or marks intended
sanctioned by the Rules of Court, of to be used for the purpose of recording that matter
ascertaining in a judicial proceeding the which may be evidentially used.
truth respecting a matter of fact (Sec. 1, Medical Documentary Evidence may be:
Rule 128, Rules of Court). a. Medical Certification or Report on:
1) Medical examination.
If the means employed to prove 2) Physical examination.
a fact is medical in nature then it 3) Necropsy (autopsy).
becomes a medical evidence. 4) Laboratory.
5) Exhumation.
Admissibility of evidence — 6) Birth.
Evidence is admissible when it is 7) Death.
relevant to the issue and is not excluded
by these rules (Sec. 3, Rule 128, Rules b. Medical Expert Opinion
of Court). Deposition — A deposition is a written record of
evidence given orally and transcribed in writing in the
TYPES OF MEDICAL EVIDENCE: form of questions by the interrogator and the answer of
AUTOPTIC OR REAL EVIDENCE: the deponent and signed by the latter
This is an evidence made known or
addressed to the senses of the court. PHYSICAL EVIDENCE:
These are articles and materials which are found in
LIMITATIONS TO THE connection with the investigation and which aid in
PRESENTATION OF AUTOPTIC establishing the identity of the perpetrator or the
EVIDENCE: circumstances under which the crime was committed, or
in general assist in the prosecution of a criminal.
a. Indecency and impropriety
b. Repulsive objects and those -END-
offensive to sensibilities

TESTIMONIAL EVIDENCE:
A physician may be
commanded to appear before a court to
give his testimony. While in the witness
stand, he is obliged to answer questions
propounded by counsel and presiding
officer of the court. His testimony must
be given orally and under oath or
affirmation.

Ordinary Witness: A physician who


testifies in court on matters he
perceived from his patient in the course
of physician-patient relationship is
considered as an ordinary witness.
Expert Witness: A physician on account
of his training and experience can give
his opinion on a set of medical facts.

EXPERIMENTAL EVIDENCE:
A medical witness may be
allowed by the court to confirm his
allegation or as a corroborated proof to
an opinion he previously stated. The
issue as to how long a person can

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