SEXUAL CRIMES

Sex Crimes includes

 Rape  Anti Trafficking in Persons Act of
 Seduction 2003
 Qualified Seduction  White Slave Trade
 Simple Seduction  Abuse against Chastity
 Acts of Lasciviousness  Sexual Harassment (RA. 7877)
 Abduction  Anti Photo and Video Voyeurism
 Adultery and Concubinage Act of 2009
 Prostitution  Safe Spaces Act
 Corruption of Minors

Rape
 Rape is committed:
 By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
o Through force, threat, or intimidation
o When the offended party is deprived of reason or otherwise unconscious
o By means of fraudulent machination or grave abuse of authority
o When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
 Carnal knowledge pertains to:
o Act of having sexual bodily connection with a woman
o Not necessary for the vagina to be entered or that the hymen be ruptured
 Deprived of reason or unconscious means:
o Committed on an insane or mentally deficient
o Under the influence of alcohol or drugs
o Under the influence of sexually stimulating drugs
o Unconscious
o In her natural sleep
o Knocked out by physical injuries
o Under the influence of narcotics
Rape is committed under paragraph 2:
 By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
 By inserting his penis into another person's mouth or anal orifice,
 Any instrument or object, into the genital or anal orifice of another person.

Seduction
 The act of a man enticing women to have unlawful sexual intercourse by means of
o Persuasion
o Solicitation
o Promises
o Bribes
o Other means except for force.
 May be either
 o Qualified Seduction
 Ordinary
 Incestuous
o Simple seduction
Qualified Seduction
 Offended party must be a virgin
 12 to 18 years old
 Sexual intercourse must transpire
 Done through the abuse of authority or confidence
o The abuse of authority
 Person in public authority
 Guardian
 Teacher
o Abuse of confidence
 Priest
 House Servant
 Domestics
Incestuous Qualified Seduction
 Offended party must be a virgin
 12 to 18 years old
 Sexual intercourse must transpire
 With a blood relation
o Brother who seduces the sister
o Ascendant who seduces the descendant
Simple Seduction
 Offended party over 12 but less than 18 years old
 Must be single or widow of good reputation
 Must have sexual intercourse with the offender
 Sexual act must be done by means of deceit
o Deceit is a fraudulent or cheating misrepresentation

Acts of Lasciviousness
 Offender commits any act of lasciviousness
 By:
o using force or intimidation
o Depriving her of reason or otherwise unconscious
 The offended party may be either sex

Abduction
 Carrying away of a woman by an abductor with lewd design
 Either:
o Forcible
o Consented

Consented Abduction
 Carrying away of a woman by an abductor with lewd design with her consent.
 Woman must be a virgin
 12 to 18 years old
Adultery
 Woman is married
 Has had sexual intercourse with a man not her husband
 The man knows her to be married even if the marriage is subsequently declared void

Concubinage
 Keeping a mistress in the conjugal dwelling
 Having sexual intercourse under scandalous circumstances with a woman not his
wife
 Cohabiting with her in any other place

Prostitution
 It is committed by a woman if:
o She habitually indulges in sexual intercourse or lascivious acts
o The above act is done for profit

Corruption of minors
 Any person who shall:
o Promote
o Facilitate
o Corruption of persons under age
 To satisfy the lust of another
 The penalty was increased by RA 7610 if committed on children less than 12 years
old

Anti Trafficking in Persons Act of 2003

 It shall be unlawful for any person, natural or juridical, to commit any of the following
acts:
o To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose ofprostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage
o To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage
o To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage
o To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation
o To maintain or hire a person to engage in prostitution or pornography
 o To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage
o To maintain or hire a person to engage in prostitution or pornography
o To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage

White Slave Trade

 Any of the following is sufficient to constitute the offense which need not be habitual
o Engaging in the business of prostitution
o Profiting by prostitution
o Enlisting the services of women for the purpose of prostitution

Abuse Against Chastity

 By soliciting or making immoral or indecent advances to a woman who:
o Interested in matters pending before the offending officer for decision or
which he is required to make a report to or consult with a superior officer
o Under the offender’s custody
o To the wife, daughter or relative with the same affinity of a person under his
custody
Sexual Harassment (RA. 7877)

 Who commits sexual harassment?

o Employer
o Employee
o Manager
o Supervisor
o Agent of the employer
o Teacher
o Instructor
o Professor
o Coach
o Trainor
o Any other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment
 How is it committed?
 In a work-related or employment environment:
 The sexual favor is made as a condition:
o in the hiring
o in the employment, re-employment or continued employment of said
individual
o in granting said individual favorable compensation, terms, conditions,
promotions, or privileges
o the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee
 The previous acts would:
 o Impair the employee's rights or privileges under existing labor laws
o Result in an intimidating, hostile, or offensive environment for the employee
 In an education or training environment, sexual harassment is committed:
o Against one who is under the care, custody or supervision of the offender
o Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender
o When the sexual favor is made a condition to the giving of a passing grade,
or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges or considerations
o When the sexual advances result in an intimidating, hostile or offensive
environment for the student, training or apprentice

RA9995 Anti Photo and Video Voyeurism Act of 2009

 How committed:
 Taking photo or video coverage of a person or group of persons performing sexual
act or any similar activity
 Capturing an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast without the
consent of the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy
 To copy or reproduce, or to cause to be copied or reproduced, such photo or video
or recording of sexual act or any similar activity with or without consideration
(punishable even if photo is taken with consent)
 To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof
 To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media
 show or exhibit the photo or video coverage or recordings of such sexual act or any
similar activity through VCD/DVD, internet, cellular phones and other similar means
or device

Safe Streets and Public Spaces Act

 The crimes of gender-based streets and public spaces sexual harassment are
committed through any unwanted and uninvited sexual actions or remarks against
any person regardless of the motive for committing such action or remarks
 Includes
1. catcalling,
2. wolf-whistling,
3. unwanted invitations,
4. misogynistic, transphobic, homophobic and sexist slurs,
5. persistent uninvited comments or gestures on a person’s appearance,
6. relentless requests for personal details,
7. statement of sexual comments and suggestions,
8. public masturbation or flashing of private parts,
9. groping, or any advances, whether verbal or physical, that is unwanted and has
threatened one’s sense of personal space and physical safety, and committed in
public spaces such as alleys, roads, sidewalks and parks.
  Acts constitutive of gender-based streets and public spaces sexual harassment are
those performed in
1. buildings,
2. schools,
3. churches,
4. restaurants,
5. malls,
6. public washrooms,
7. bars,
8. internet shops,
9. public markets,
10. transportation terminals or public utility vehicles.
 Penalties:
o Depends on the act done but ranges from
 P 1,000 to P 100,000
 Imprisonment up to 6 months
 Community service of twelve (12) hours inclusive of attendance to a
Gender Sensitivity Seminar to be conducted by the PNP in
coordination with the Local Government Unit and the Philippine
Commission on Women
o Gender-based online sexual harassment
 Includes:
1. acts that use information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats, unwanted
sexual misogynistic, transphobic, homophobic and sexist remarks and comments
online whether publicly or through direct and private messages,
2. invasion of victim’s privacy through cyberstalking and incessant messaging,
uploading and sharing without the consent of the victim, any form of media that
contains photos, voice, or video with sexual content,
3. any unauthorized recording and sharing of any of the victim’s photos, videos, or any
information online, impersonating identities of victims online or posting lies about
victims to harm their reputation, or filing, false abuse reports to online platforms to
silence victims.
 Sexual Abnormalities
o Please Study the Section on the book of Professor Solis
 Gender Reassignment
o In the case of Rommel Silverio v. Republic of the Philippines, it was said that:
o "The Privilege to change a name and sex to conform with a reassigned sex is
not allowed under the law"

Medicolegal Investigations of Sexual Offenses

Examination of Abuse Victims
 Should be done in a thorough and systematic manner

 Victims are encouraged not to:

o Bathe or shower
o Use the restroom
 o Change clothes
o Comb hair
o Clean up the crime scene
o Move anything the offender may have touched

 Initial assessment
 Get informed consent
 Get the Complete Medical History including gynecologic history
o Menarche – date of first menstruation
o LMP – last menstrual period
o Previous sexual history – to determine the possibility of contamination of
sample
 Collect all items of clothing or sanitary ware for further examination
o Should be stored in a sealed container for further testing
o Clothing of assault victim

 Improvised Rape Kit should include the following:

o Bags and sheets for evidence collection
o Swabs
o Comb
o Envelopes for hair and fibers
o Blood collection devices
o Documentation forms

Examination of Abuse Victims

 A “top to toe” physical examination should be done.
 Physical Examination Findings to be noted:
o Ligature marks
o Findings to be noted
o Fingertip bruising along the neck
o Fingertip bruising along the arm
o Lip Bruising
 A detailed genito-anal examination is done
o Examination Position – Dorsal Decubitus

 Determination of virginity:
o Difficult to determine.
o A requisite in the criminal cases of
 Qualified Seduction
 Consented Abduction
o Types of virginity
 Moral Virginity
 Physical Virginity
 True Physical Virginity
 False Physical Virginity
 Demi Virginity
 Virgo Intacta
  Hymenal Configurations
o Annular (oval or circular)
o Crescentic (Semilunar)
o Redundant (Fimbriated or Denticular)
o Septate
o Slitlike
o Cribrifrom
o Imperforate
 Hymenal Configurations
o Annular – 32%
o Crescentic – 36%
o Redundant – 25%
o Septate – 1%
o Slitlike
o Cribriform – 0%
o Imperforate 2%
 Timeline of Hymenal Laceration
o Fresh, bleeding – recent origin
o Fresh healing with fibrin formation and edema of the surrounding tissues – 4-
10 days (aka recently healed laceration)
o Healed laceration with sharp coaptible borders without congestion – 2-3
weeks
o Healed laceration with rounded coaptible borders and retraction of the edges
– more than 3 weeks
 Evidence Collection
o Photography of all injuries
o Swab all injuries that may have DNA transfers
 Bite marks
 Semen stains
 Vaginal/Rectal swabs
Conditions Consistent with Abuse
 Rape Trauma Syndrome
o stress response pattern of... a person who has experienced sexual violence”
o Manifested in somatic, cognitive, psychological and/or behavioural symptoms
o Usually consists of two phases:
 the acute phase
 Period of disorganization
 Usually last for 2 -3 weeks
 Victim presents with strong emotional reaction and may present
with physical symptoms
 Rooted in fear of physical injury, mutilation or death
 the long-term phase
 Period of reorganization
 May be adaptive or maladaptive
 Phobias begin to appear in this phase
 Victims initiate lifestyle changes
  Sexual dysfunction begin to appear.
 Sexual aversion
 Vaginismus
 Flashbacks of the event during intercourse

 Battered Woman Syndrome

o A series of abuse inflicted upon a victim
o Requires at least 2 cycles of:
 Battering
 Remorse
 Reconciliation
o Recognized by Phil Courts as an exempting circumstance (People v.
Genosa)
 Post Traumatic Stress Disorder
o Usually manifested by victims of violent sexual assault and those perpetrated
by strangers
o Manifests as intrusions and avoidance
 Intrusions – reliving the event
 Avoidance symptoms include:
 Self imposed isolation
 Increase drug or alcohol use
 Intellectuallization of the event
 Battered Child Syndrome
o Physical, mental, moral and economic abuse of a child
o Usually done by parents who are
 Immature
 Self Centered
 Impulsive
 With poor control of aggression
o Causes of Abuse
 Unwanted Progeny
 Disputed paternity
 Illegitimate
 Out of wedlock
 Adultery
 Rape
 Congenital / acquired deformity
 A belief that the child is the source of bad luck to the family
 Abusive Parents
 Center of a triangle
 A belief that the child is a hindrance to the socio economic
advancement of the parents
o Kinds of Abuse
 Intermittent
 One time
 Constant
 Ignorant
Duties of the Physician
  Report all cases of abuse to the PNP or DSWD (R.A. 7610)
 Note for the following:
o Skin imprints
o Multiple healing injuries
o Repeated fractures
o Trauma
o Malnourishment

Pregnancy, Abortion and Paternity

Medicolegal Problems in Labor, Pregnancy, Abortion, Paternity and Filiation and Child
Abuse
 Legal Problems in Pregnancy, Labor and Birth
o Problems
 It is important to assess if the woman is pregnant or not
 Pregnancy affects the disposition of the estate in succession
 In determination of certain crimes such as abortion and infanticide
 Evidentiary purposes in cases like adultery
o Determination of Pregnancy
 Biochemical methods – 35 mIU of bHCG in morning void has a high
specificity (Limitation: certain conditions also increase HCG)
 Presumptive signs- Cessation of menses, changes in the breast,
discoloration of the vaginal mucosa, increased skin pigmentation and
development of abdominal striae
 Probable signs – enlargement of the abdomen, changes in the size,
shape and consistency of the uterus, anatomical changes in the cervix
and Braxton-Hicks Contractions
 Positive signs – identification of the fetal heart tone, perception of fetal
movement by the examiner, sonographic recognition of the fetus
o Problems regarding Labor
 Dystocia
 Repeat CS
 Abnormal presentation of the baby
 Fetal Distress
 Other problems like trauma, abruptio placenta, placenta previa
 Cord Prolapse and Cord Coil

 Two Types of Birth

o Stillbirth
 Immaturity
 Congenital Disease
 General Debilitating Illness
 Local Disease of the reproductive system
 Accident in delivery
 Violence
 o Live Birth

 Birth
o Medically means the entire delivery of a child from the mother.
o Legally
 The fetus is considered born if it is alive at the time it is completely
delivered from the mothers womb
 Exception:
 If the newborn was born with a gestational age of less then 210
days, then the child must survive at least 24 hours to be
considered as born alive.
 Determines personality
 Conceived children shall be considered born for all purposes
favourable to it.
 Examples
 Succession (Art. 760 NCC) on legitimes
 Donation
 Infanticide

ABORTION
 Definition
o Willful killing of the fetus in utero
o Violent expulsion of the fetus from the maternal womb which results in the
death of the fetus

 Clinical Types of Abortion

o Missed abortion
o Threatened abortion
o Inevitable abortion
o Incomplete abortion
o Complete abortion

Intentional Abortion (ART 256 RPC)

 Ways of committing:
o Using any violence upon the person of the pregnant woman
o By acting but without using violence without the consent of the woman
o By acting with the consent of the woman.
 Elements:
o There is a pregnant woman
o Violence, drugs or beverages administered
o That as result the fetus dies
o That the abortion is intended.
 Difference from infanticide
 Test to be used:
o If the fetus could sustain independent life and the fetus is killed then it is
infanticide
o Case: Pp v. Detaplan
Unintentional Abortion (Art. 257)
 Elements:
o There is a pregnant woman
o Violence is used upon such pregnant woman without intending an abortion
o Violence in intentionally exerted
o As a result of the violence, the fetus dies.
o Can be done thru imprudence and complexed with homicide and parricide

Abortion practiced by the woman/her parents (Art. 258)

 Elements:
o Pregnant woman has suffered an abortion
o Abortion is intended
o Caused by:
 The pregnant woman
 Any other parent with her consent
 Any of her parents with her consent

Abortion practiced by Physician or midwife and dispensing of abortives

 Elements (Physician/midwife):
o Pregnant woman has suffered an abortion
o Abortion is intended
o Done by a physician or midwife
o Takes advantage of his/her scientific knowledge and skill
 Elements (Pharmacist):
o Offender is a pharmacist
o No proper prescription has been made
o Offender dispenses any abortifacient
o Charged together with RA 4729 which regulates the sale, dispensation and
distribution of contraceptive drugs

 Definitions
o Paternity – civil status of the father with respect to the child begotten by him.
o Filiation – Civil status of the child in relation to its mother and father

Illegal Abortion is performed in the following manner:

 Use of Drugs
o Emmenagogues – substances which increase menstrual flow ( ergot
alkaloids)
o Ecbolics – stimulate uterine muscle contraction (Prostaglandins, Ergot, RU
486 or Mifepristone (95% effective in terminating pregnancy))
o Purgatives – primarily GI drugs with reflex action causing uterine contraction
(castor oil)
 Instrumentation
 Violence
 Local Interference
Special Cases of Abortion
 Pregnancy Reduction – done to abort one or more of multifetal pregnancy
Complications
 Hemorrhage
 Sepsis
 Shock
 Retained Products of Conception

Paternity and Filiation

 Definitions
o Paternity – civil status of the father with respect to the child begotten by him.
o Filiation – Civil status of the child in relation to its mother and father

Kinds of Children
 Legitimate
o Born within a valid and subsisting marriage
o Those who were conceived before the marriage but the parents got married
before the child was born.
o Child born within a valid marriage but the marriage is subsequently annulled
o Separated parents
o Children born of Artificial Insemination
 Is considered legitimate if the following conditions are met:
 Authorized and ratified in a written instrument executed and
signed by them before the birth of the child.
 Recorded in the civil registry
 Insemination must be made on the wife.
 Illegitimate
 Those children born outside of the above enumeration.
 Rights of illegitimate children:
 Use the surname of the father by virtue of RA 9255
 Recognized by the father by acknowledgement in the
back of the birth certificate and in an affidavit.
 Has a right to ½ of the share of a legitimate child in the
legitime (inheritance)

 Legitimated Children
o These are children born out of wedlock but the parents were not disqualified
to marry.
o They are legitimated by the subsequent valid marriage of their parents.
o Brought about by The Family Code

 Presumption of legitimacy
o If a child is born within 300 days after dissolution of the marriage if:
 There is a valid marriage
 Birth took place after 180 days after celebration of the marriage or
within 300 days after its dissolution
 No physical impossibility of intercourse in the 1st 120 days of the 300
days preceeding the birth of the child.
  Impugning Legitimacy
o Impotence of the husband
o Husband and wife living separately
o Serious illness of the husband
o DNA, HLA or other scientific basis
o Consent for artificial insemination obtained thru fraud, violence, intimidation or
undue influence.

 Presumption of illegitimacy due to ethnic reasons. (Art 257 NCC)

o No longer a valid presumption

 Premature Marriage
o Has been decriminalized.
o Found in Art 351 of the Revised Penal Code
o Punishes a woman who shall marry within 301 days from the death of her
husband,
o Purpose: to prevent confusion in connection with paternity

Impotence & Sterility

 Impotence – lack of copulative power in the male
 Sexual Arousal Disorder – Female impotence
 Sterility – Inability to produce offspring

Causes of Impotence
 Age
 Vascular Impairment
 Neurologic Disorders
 Drugs
 Disorders of the penis, prostate and testes
 Hormonal disturbances
 Psychological problems

Causes of sterility in men

 Azoospermia
 Anatomic obstruction of the male system
 Failure of spermatogenesis

Causes of sterility in women

 Physiologically anovulatory
 Lower Genital Tract
 Upper Genital Tract
 Multifactorial Infertility
 Idiopathic Infertility

Most Common Causes

 Tubal Occlusion
 Endometriosis
 Hypothalamic-pituitary disorder
  PCOS
 Early Menopause
 Elevated Prolactin levels
 Positive anti-sperm antibody

Child Abuse definition: Sec 3(b) 7610

 Maltreatment of the child, whether habitual or not, which includes any of the following
o Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment
o Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being
o Unreasonable deprivation of the basic needs for survival such as food and
shelter
o Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or permanent incapacity
or death

Reiterated in RA 9262 Sec. 3(a)

 Violence Against Women and Their Children
o Physical Violence
o Sexual Violence
 Includes the watching of obscene publications
 Prostituting the child
o Psychological Violence
 Mental and emotional suffering of the victim such as intimidation,
harassment, stalking, damage to property, public ridicule and
humiliation
o Economic Abuse
 Withdrawal of support

Child Abuse
 Usually done by parents who are
o Immature
o Self Centered
o Impulsive
o With poor control of aggression
Causes of Abuse
 Unwanted Progeny
o Disputed paternity
o Illegitimate
 Out of wedlock
 Adultery
 Rape
o Congenital / acquired deformity
o A belief that the child is the source of bad luck to the family
Causes of Abuse
 Abusive Parents
 Center of a triangle
  A belief that the child is a hindrance to the socio economic advancement of the
parents

Kinds of Abuse
 Intermittent
 One time
 Constant
 Ignorant

Signs of Abuse
 Physical
o Injury that cannot be explained (Shaken Baby syndrome, Fx)
 Sexual
o Fearful Behaviors
o Abdominal Pain, Bed Wetting, UTI or STI, Genital Pain
o Extreme Sexual Behavior inappropriate for age
 Emotional
o Sudden changes in self confidence
o Headaches or stomachache with no medical cause
o Abnormal fears, increased nightmares
o Attempts to run away
o Duties of the Physician
Report all cases of abuse to the PNP or DSWD (Sec 4 of IRR of RA 7610)
 Note for the following
o Skin imprints
o Multiple healing injuries
o Repeated fractures
o Trauma
o Malnourishment

Poisoning
 Poisoning- harmful effect that occurs when a toxic substance is swallowed, inhaled,
or comes in contact with the eyes or the mucous membranes.
 Poisons – any injurious substance or beverage , which if applied or administered
internally or externally, is capable of destroying the action of vital cellular functions,
or of placing the solids and fluids into such state as to prevent the continuance of life
 Intent is the central element in the law.
Techniques used to identify poisons
 Chromatography
o Paper
o Gas
o Liquid
 Mass Spectrometry
 Immunoassay
SIte of Action
 Local Action
 Remote Action
 o Production of Shock
o Absorption into the Blood and carried to the organs they affect
o By Transmission through the nerves of the local site to the central nervous
system and then to the organs they control.
 Both Local and Remote
Site of Remote Action of the different poisons
 Brain – Narcotics, alcohol, cerebral stimulants
 Cord – Strychnine
 Peripheral Nerves – Conium, Curare
 Alimentary Tract – Corrosives
 Salivary Glands – Mercury
 Liver – Phosphorus
 Mucous Membrane - Arsenic
 Heart – Digitalis
 Blood Vessels – Ergot, nitrites
 Blood Cells – Snake venom
 Kidneys - Cantharides

Factors Affecting Action of Poisons

 Method of Administration
o Idiosyncracy
o Age
o Habit
o Dose
o State of the Stomach and Kidneys
 Method of Administration
o Orally
o Hypodermically
o Intramuscularly
o Rectum, Vagina or Bladder
o Lungs
 Dose
o Fatal Dose – smallest dose known to cause death
o Toxic Dose – Smallest dose to produce symptoms or disability
o LD50 – minimum lethal dose to cause death in half the test animals
Functional Classification of Poisons
 Stimulants, excitants and hallucinogens – amphetamines, LSD, Cocaine
 Convulsant poisons – strychnine
 Tranquilizers – hypnotics
 Hypoglycemics – Insulin
 Corrosive and Metallic Poisons
 Agro-chemical poisons
 Herbicides
 Gaseous Poisons
 Halogenated Hydrocarbons
 Gasoline and Kerosene
 Ethylene Glycol
 Nicotine
  Carcinogens
 Food poisoning

Classical Classification of Poisons

 Corrosives
 Irritants
 Narcotics
 Depressants
 Exito-motor Poisons
 Poisonous and Irrespirable Gases
 Contact Poisons
 Vulnerants
 Corrosives
 Strong Acids
o Acids such as Sulfuric Acid, Nitric Acid
 Caustic Alkalies
o Hydroxides such as Lye
 Compounds
o Zinc Chloride
o Antimony
 Irritants
 Nonmetals
 Salts of Metals
 Vegetable Irritants
o Castor Oil
o Digitalis
o Belladonna
o Croton Oil
 Animal Irritants
o Cantharides
 Food Irritants
 Narcotics
 Somniferous Group
o Opium, Choral Hydrate, Synthetic Hypnotics
 Deliriant
o Belladonna
o Hyoscyamus
o Stamonium
o Cocaine
 Depressants
o Neural Depressants – Paralysis of the Spinal Cord
 Aconite, Conium
o Cerebral Depressants – Inhibiting Brain function
 HCN
 Oil of Bitter Almond
o Cardiac Depressants
 Digitalis
 Camphor
 o Poisons that are Exito-Motor in Action
 Strychnine
 Brucine
 Thebaine
o Poisonous and Irrespirable Gases
o Poisonous Gases
 CO2, CO, H2S, CS2, Arseniureted Hydrogen
o Irrespirable Gases
 Chlorine
 Benzene
 HCN
o War Gases
 Lacrimator or Tear Gas such as Chloroacetophenone
 Vesicant or Blistering Gas such as Mustard Gas and Lewisite
 Lung Irritants such as Chlorine and Phosgene Gas
 Stermutator (Vomiting Gas)
 Paralysants (Nerve Gas)
 Blood Poisons such as HCN
Tokyo Sarin Attack 1995
 Perpetrated by Aum Shinrikyo
 Released Sarin Gas which is a nerve agent to the Tokyo Subway

 Contact Poisons
o Vegetable Irritants
o Animal Irritants
o Chemical Irritants
 Vulnerants
o Nails
o Broken Glasses
o Dust

NBI Classification
 Gaseous Poisons
 Inorganic Poisons
o Acid
o Alkali
o Halogens
o Corrosive Mineral Salts
o Organic Corrosives
 Organic Poisons
o Volatile Poisons
o Alkaloidal Poisons
o Non-alkaloidal Poisons
 Miscellaneous Poisons
o Food Poisoning
o Poisonous Plants
o Animal Venom
Medical Examination Of Poisoning
 History
o Previous Suicidal Attempts
o Mental conditions such as depression
o Social Hx – business, marital and social failures
o History of conflicts
o Possible source of poisons
o Order of occurrence of symptoms
 Actions needed to be taken
 Call PGH Poison Control is Px is suspected to have been poisoned
 Gather samples of the vomit, urine or other discharge for possible analysis

DECEPTION DETECTION

The TOKYO DECLARATION

 Endorsed by the World Medical Association in 1975

 Declares the abhorrence of physicians of acts of torture and that no physician shall
countenance, condone, or participate in its practice
 Was made because a lot of techniques used in torture required the intervention of
physicians

Deception

 Acts to propagate belief of things which are

o False
o Half truths
 Intentional
 Involves use of positive cognitive function

Five Primary Forms of Deception

 Lies
oDirect falsehoods
 Equivocations
o Indirect, ambiguous or contradictory statements
 Concealments
o Omitting relevant information
 Exaggerations
 Understatements
Motivation for Deception

 Interpersonal Deception Theory

o Instrumental
 Avoidance of punishment/Resource Protection
o Relational
 Maintenance of bonds
o Identity
 To preserve face/safe image

Types of deceptive personality

 Bad liars
 Natural liars
o Identified by Dr. P. Eckman
 Practiced liars
o Years of practice have worn away guilt signs
o Uses rationalization
 Psychopathic liars

Deception Detection

 Detected at the cognitive level

 Lying require deliberate effort
o Results to: (Neuro-Linguistic Programming)
 Disturbance
 Less talking time while subject is trying to create the lie
 Repeated words ( form of stalling)
 Poor logical structure
 Fear

Deception Detection

 Essential requirement for the administration of justice

 Initially the task of the investigator

Methods of Detection

 Devices which record the psycho-physiologic response

  Use of drugs that try to inhibit the inhibitor
 Hypnotism
 Observation
 Scientific interrogation
 Confession

Recording the Physiologic Response

 Based on the flight or fight reflex of the Autonomic Nervous System

 When a person is under stress, the sympathetic system predominates:
o Note the following which are all recordable parameters
o Heart rate increases
o Respiratory rate increases
o Pupils dilate
o Blood pressure increases

Tests which measure psychophysiologic response

 Polygraph Examination
 Word Association Test
 Psychological Stress Evaluator

Use of a polygraph/lie detector

 The fear of the subject in getting caught not telling the truth allows for the
determination
 The instrument acts like an ECG
 The interview is recorded on a monitor and spikes are measured against a baseline

History of the polygraph examination

 Invented in 1921 by John Augustus Larson

 However, William Marston claims to be the father of the “Polygraph Machine”

Requirements for Polygraph Examination

 The room must be sound proof

  Must be quiet
 Isolated
 Free from any disturbance and distraction

How is the test conducted?

 Subject is instructed to sit up straight

 Subject is instructed to look straight ahead
 All questions are to be answered with a yes or no
o Declaratory responses or responses which answer in declarative sentences
are disallowed during the examination

Phases of the Examination

 Pre test interview

o To determine whether there is history of hypertension, psychiatric condition,
and the like
o To explain the purpose
o To develop test questions
o To relieve stress and apprehension
o To determine any criminal record of the subject.
 Actual Interview and Recording
o Irrelevant Questions
 No bearing to the case under investigation
o Relevant Questions
 Pertains to the issues under investigation
o Control Questions
 Unrelated to the matter under investigation but of a similar nature
o Probable-lie questions
o Supplementary Tests (needed if the test done are inconclusive)
 Peak of tension test
 Guilt Complex Test
 Silent Answer Test

 Post test Interview

o To clarify findings
o To learn if there are any other reasons for the subject’s knowledge of the
crime
o To obtain additional information.

Othello Error
  When the interviewer goes to an interview with an accusatory attitude, the person is
put on the defensive.
 Changes the baseline norm thus affects the accuracy of the test.

Reason for inadmissibility

 User/ operator dependent

 No assurance of a qualified examiner
 Opinion of the expert is the sole basis
 Violates the suspects constitutional rights
 Error prone (up to 25%)

Word Association Test

 Stimulus and Non stimulus Questions are asked

 Quickness of answering is an indicator of truthfulness
 The answer is unimportant; time interval in answering is what is important

Psychological Stress Evaluator

 AKA voice analysis

 Measures inaudible frequency modulation which occur with the oscillations of the
vocal cords called microtremors in the 8-14 Hz range
 Discovered in 1957 by Olaf Lippold
 Microtremors disappear when under stress
 Advantages of PSE:
o No attachment of sensors needed
o Outside distraction need not be eliminated
o No restriction of normal body movement

Use of Drugs that Inhibit the Inhibitor

 Takes the subject to the brink of delirium so that positive cognitive function is lost
and only simple functions such as recall is still available.
 Examples:
o Truth Serum
 Hyoscine hydrobromide
 Scoplamine
o Narcoanalysis / Narcosynthesis
 Sodium Pentothal/Sodium Amytal
 SP 117
o Intoxication with Alcohol
Hypnosis

 Alteration of consciousness and concentration

 Heightened state of suggestibility
 Pseudoscience
 Inadmissible due to:
o Unreliability
o Suggestibility destroys the credibility of the admission

Observation

 Observes Physiologic/Psychological signs of Guilt

o Sweating
o Color change such as flushing
o Dryness of mouth (exhibited by asking for water)
o Excessive activity of the Adam’s Apple (secondary to dryness of the mouth)
o Fidgeting

Scientific Interrogation

 Interrogation – questioning of a person suspected of having committed an offense

 May be done on a suspect or a witness
 Techniques of Interrogation
o Emotional Appeal to Conscience
o Mutt & Jeff or Good Cop/Bad Cop
o Bluff on Split Pair Technique
o 2 subjects interrogated separately
o Stern/Harsh Approach
o Making of a Narrative

Statement Analysis

 All truthful statements come from memory.

 Thus truthful persons usually uses a past tense when recalling events from memory
 The use of the first person “I”
 Rule of thumb: first person singular past tense when they are recalling a truthful
event.

Confession
  Defined in the Rules of Court as an expressed acknowledgement by the accused of
the truth of his guilt as to the crime charged
 Must comply with the Following to be admissible:
o Must be made in the presence of counsel
o Must be expressly made and not implied
o A judge must make probing questions as to the understanding of the accused
of what he is confessing to
 Kinds of Confessions
o Extrajudicial – must be accompanied by evidence of corpus delicti or other
evidence to corroborate the confession.
o This is to prevent people who only wishes to seek attention or gain notoriety
from admitting to crimes that they did not commit.
 Voluntary
 Involuntary
o Judicial Confession – made before a judge in a judicial proceeding

CRIMES INVOLVING TREATMENT OF DETENTION PRISONERS/CONVICTS

Maltreatment of prisoners

 Public officer/employee
 Has under his charge a convicted/detention prisoner
 Maltreats the prisoner:
o Overdoing in handling the prisoner
o Maltreatment of a prisoner to extort a confession or to obtain some
information from the prisoner

RA 9745 or Anti Torture Act of 2009

Who are Liable?

 Any person who actually participated Or induced another in the commission of

torture or other cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous or simultaneous acts shall be liable
as principal
 Any superior military, police or law enforcement officer or senior government
official who issued an order to any lower ranking personnel to commit torture for
whatever purpose shall be held equally liable as principals.
 The immediate commanding officer of the unit concerned of the AFP or the
immediate senior public official of the PNP and other law enforcement agencies shall
be held liable as a principal to the crime of torture or other cruel or inhuman and
 degrading treatment or punishment for any act or omission, or negligence committed
by him/her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates..

Prohibited Acts under RA 9745 or Anti Torture Act of 2009

 (a) Physical torture is a form of treatment or punishment inflicted by a person in

authority or agent of a person in authority upon another in his/her custody that
causes severe pain, exhaustion, disability or dysfunction of one or more parts of the
body, such as:
o (1) Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the stomach;
o (2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;
o (3) Electric shock;
o (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
o (5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;
o (6) Being tied or forced to assume fixed and stressful bodily position;
o (7) Rape and sexual abuse, including the insertion of foreign objects into the
sex organ or rectum, or electrical torture of the genitals;
o (8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
o (9) Dental torture or the forced extraction of the teeth;
o (10) Pulling out of fingernails;
o (11) Harmful exposure to the elements such as sunlight and extreme cold;
o (12) The use of plastic bag and other materials placed over the head to the
point of asphyxiation;
o (13) The use of psychoactive drugs to change the perception, memory.
alertness or will of a person, such as:
 (i) The administration or drugs to induce confession and/or reduce
mental competency; or
 (ii) The use of drugs to induce extreme pain or certain symptoms of a
disease; and
o (14) Other analogous acts of physical torture;
 (b) "Mental/Psychological Torture" refers to acts committed by a person in authority
or agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:
o (1) Blindfolding;
o (2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution
or other wrongful acts;
o (3) Confinement in solitary cells or secret detention places;
o (4) Prolonged interrogation;
o (5) Preparing a prisoner for a "show trial", public display or public humiliation
of a detainee or prisoner;
o (6) Causing unscheduled transfer of a person deprived of liberty from one
place to another, creating the belief that he/she shall be summarily executed;
o (7) Maltreating a member/s of a person's family;
o (8) Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
o (9) Denial of sleep/rest;
o (10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body
against his/her will;
o (11) Deliberately prohibiting the victim to communicate with any member of
his/her family; and
o (12) Other analogous acts of mental/psychological torture.