INTRODUCTION TO

LEGAL MEDICINE/
FORENSIC MEDICINE:
PART 1
PCPT VINCENT S BALILLA, MD
Legal Medicine
(or Forensic Medicine, Medical jurisprudence)
→ is the branch of medicine which deals with
application of medical knowledge to the
purposes of law and in the administration of
justice. It is the application of basic and clinical,
medical and paramedical sciences to elucidate
legal matters.
 FORENSIC MEDICAL
LEGAL MEDICINE
MEDICINE JURISPRUDENCE

Application of Knowledge of
Application of medical science law in relation to
medicine to legal to elucidate (or the practice of
cases to explain) legal medicine.
problems
 NATURE OF THE STUDY OF
LEGAL MEDICINE
Knowledge of legal medicine means the ability
to acquire facts, the power to arrange those
facts in their logical order, and to draw a
conclusion from the facts which may be useful
in the administration of justice
 NATURE OF THE STUDY OF
LEGAL MEDICINE
Example:

Presence of PHYSICAL INJURIES of a victim of

sexual abuse = presumes that force was applied;
hence, crime committed must be RAPE.

Presence of PHYSICAL INJURIES on the offender

of the crime of physical injuries= proof that the
victim acted in SELF-DEFENSE.
 OTHER DEFINITIONS

1. LAW- rule of conduct, just, obligatory, laid by legitimate

power for common observance and benefit.

Characteristics of Law:

- It is a rule of conduct;

- It is dictated by legitimate power; and

- Compulsory and obligatory to all.

 Forms of Law:

A. Written or Statutory Law (Lex Scripta) – composed of laws which are

produced by the country’s legislations and which are defined, codified
and incorporated by the law-making body. Ex. Philippine Laws.

B. Unwritten or Common Law (Lex non Scripta) – composed of unwritten

laws based on immemorial customs and usages. Sometimes referred to as
case law, common law, jurisprudence or customary law. Ex. Laws of
England.
 OTHER DEFINITIONS

2. FORENSIC- denotes anything belonging to the court of law or used in court or legal
proceedings or something fitted for legal or public argumentations.

→ comes from the Latin term forēnsis, meaning "of or before the forum".

→ The history of the term originates from Roman times, during which a criminal charge
meant presenting the case before a group of public individuals in the forum. Both the
person accused of the crime and the accuser would give speeches based on their sides of
the story. The case would be decided in favor of the individual with the best argument and
delivery.

→ This origin is the source of the two modern usages of the word forensic—as a form of
legal evidence; and as a category of public presentation.
 OTHER DEFINITIONS

3. MEDICINE- a science and art dealing with

prevention, cure and alleviation of disease. It is that
part of science and art of restoring and preserving
health. It is the science and art of diagnosing,
treating, curing and preventing disease, relieving
pain, and improving the health of a person.
 OTHER DEFINITIONS

4. LEGAL- that pertains to law, arising out of, by

virtue of or included in law. Refers to anything
conformable to the letters or rules of law as it is
administered by the court.
 OTHER DEFINITIONS

5. JURISPRUDENCE- science of giving a wise

interpretation of the law and making just
application of them to all cases as they arise.
 PRINCIPLE OF STARE DECISIS
A principle that, when the court has once laid down a principle
of law or interpretation as applied to a certain state of facts, it
will adhere to and apply to all future cases where the facts are
substantially the same.

→ is a legal doctrine that obligates courts to follow historical cases

when making a ruling on a similar case. Stare decisis ensures that
cases with similar scenarios and facts are approached in the same
way. Simply put, it binds courts to follow legal precedents set by
previous decisions.
 BRANCHES OF LAW WHERE LEGAL MEDICINE
MAY BE APPLIED

In CIVIL LAW, knowledge of legal medicine may be useful on the

following:

1. Determination and termination of civil personality (Art.40-41);

2. Limitation or restriction of a natural person’s capacity to act
(Art. 23 and 29);
3. Marriage and legal separation
4. Paternity and filiation
5. Testamentary capacity of a person making a will.
 BRANCHES OF LAW WHERE LEGAL MEDICINE
MAY BE APPLIED

In CRIMINAL LAW, legal medicine is applicable in

the following provisions of the Penal Code:

1. Circumstances affecting criminal liability;

2. Crimes against person;

3. Crimes against chastity.

 BRANCHES OF LAW WHERE LEGAL MEDICINE
MAY BE APPLIED

In REMEDIAL LAW, legal medicine is applied in the

following provisions of the Rules of Court:

1. Physical and mental examination of a person

(Rule 28);
2. Proceedings for hospitalization of an insane
person (Rule 101); and
3. Rules on evidences (Part IV).
 BRIEF HISTORY OF LEGAL MEDICINE
1. IN WORLDWIDE SCALE:

● Imhotep (2980 B.C.) → earliest recorded medico-legal expert; chief

physician and architect of King Zoser of the third dynasty in Egypt;
the builder of the first pyramid; That time was the first recorded
report of a murder trial written on clay tablet.
● The Code of Hammurabi, the oldest code of law (2200 B.C.) included
legislation on adultery, rape, divorce, incest, abortion and violence.
● Hippocrates (460-355 B.C.) in Greece discussed the lethality of
wounds.
● Aristotle (384-322 B.C.) fixed animation of fetus at the 40th day
after conception.
BRIEF HISTORY OF LEGAL MEDICINE

● The first "police surgeon" or forensic pathologist was

Antistius. Julius Caesar (100-44 B.C.) was murdered
and his body was exposed in the forum and Antistius
performed the autopsy. He found out that Julius
Caesar suffered from twenty-three wounds and only
one penetrated the chest cavity through the space
between the first and second ribs.
 BRIEF HISTORY OF LEGAL MEDICINE
● Justinian (483-565 A.D.), in his Digest, made mention that a physician is not
an ordinary witness and that a physician gives judgment rather than
testimony. This led to the recognition of expert witness in court.
● In China, the Hsi Yuan Lu (Instructions to Coroner) was published. It is a five
volume book dealing with inquest, criminal abortion, infanticide, signs of
death, assault, suicide, hanging, strangling, drowning, burning, poisoning and
antidotes, and examination of the dead.
● Paulus Zacchias (1584-1659), a papal physician, is regarded as the "father
of forensic medicine." He published Questiones Medico-legales which dealt
with the legal aspects of wounds and the first two chapter dealt with the
detection of secret homicide.
 BRIEF HISTORY OF LEGAL MEDICINE

2. IN THE PHILIPPINES:

● In 1858, the first medical textbook printed including

pertinent instructions related to medico-legal practice by
Spanish physician, Dr. Rafael Genard y Mas, Chief Army
Physician, entitled "Manual de Medicina Domestica."
● In 1871, teaching of legal medicine, included as an academic
subject in the foundation of the School of Medicine of the
Real y Pontifica Universidad de Santo Tomas.
BRIEF HISTORY OF LEGAL MEDICINE

● On March 31, 1876 by virtue of the Royal Decree No. 188, of the
King of Spain, the position of "Medico Titulares" was created and
made in charge of public sanitation and at the same time
medico-legal aid in the administration of justice.
● In 1894, rules regulating the services of those "Medico Titular y
Forences" was published.
● In 1895, medico-legal laboratory was established in the City of
Manila and extended at the same time its services to the provinces.
● In 1898, American Civil Government preserved the Spanish forensic
medicine system.
BRIEF HISTORY OF LEGAL MEDICINE

● On March 31, 1876 by virtue of the Royal Decree No. 188, of the
King of Spain, the position of "Medico Titulares" was created and
made in charge of public sanitation and at the same time
medico-legal aid in the administration of justice.
● In 1894, rules regulating the services of those "Medico Titular y
Forences" was published.
● In 1895, medico-legal laboratory was established in the City of
Manila and extended at the same time its services to the provinces.
● In 1898, American Civil Government preserved the Spanish forensic
medicine system.
● On March 3, 1939, the Department of Legal Medicine of the College of
Medicine, University of the Philippines was abolished and its functions
were transferred to the Medico-Legal Section of the Division of
Investigation under the Department of Justice.
● On June 19, 1947, Republic Act. No. 157 creating the Bureau of
Investigation was passed. The Bureau of Investigation was created by
virtue of an executive order of the President of the Philippines. Under
the bureau, a Medico-Legal Division was created.
● There exists a Medico-Legal Division in the Criminal Laboratory Branch
of the G-2 of the Philippine Constabulary. All provincial, municipal and
city health officers, physicians of hospitals, health centers, asylums,
penitentiaries and colonies are ex-officio medicolegal officers.
On December 23, 1975, Presidential Decree 856 (Sanitation Code)was
promulgated and Sec. 95 provides:
A. Persons authorized to perform autopsies:
1. Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals
B. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon order of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities,
4. Whenever the Solicitor General, provincial or city fiscal deem it
necessary to disinter and take possession of the remains for examination to
determine the cause of death;
5. Whenever the nearest kin shall request in writing the authorities
concerned to ascertain the cause of death.