Chapter 1: General Consideration

Question 1

What is Legal Medicine?

Answer 1

Legal medicine is a branch of medicine which deals with the 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.

Question 2

What is the difference between legal medicine, forensic medicine, and medicial jurisprudence?

Answer 2

Legal Medicine is primarily the application of medicine to legal eases.

Forensic medicine concerns with the application of medical science to elucidate legal problems.

Medical jurisprudence (j’uris-law, prudentia-knowledge) denotes knowledge of law in relation to the practice of medicine. It concerns with the study of the rights, duties and obligations of a medical practitioner with particular reference to those arising from doctor-patient relationship.

Question 3

What is the scope of legal medicine?

Answer 3

The scope of legal medicine is the application of medical and paramedical sciences as demanded by law and administration of justice.

The knowledge of the nature and extent of wounds has been acquired in surgery, abortion in gynecology, sudden death and effects of trauma in pathology, etc. aside from having knowledge of the basic medical sciences, like anatomy, physiology, biochemistry, physics and other allied sciences.

Question 4

What is the nature of the study of legal medicine?

Answer 4

A 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.

Question 5

What is the difference between an ordinary physician and a medico-legal or medical jurist?

Answer 5

A physician who specializes or is involved primarily with medico- legal duties is known as medical jurist, (meoical examiner, medico- legal officer, medico-legal expert). Physicians whose duties are mainly medico-legal in nature are mostly in the service of the government.
* Medico-jurist sees injury or disease on the point of view of cause.
* The purpose of the medical jurist in examining a patient is to include those bodily lesions in his report and testify before the court or before an investigative body; thus giving justice to whom it is due.
* A medical jurist must record all bodily injuries even if they are small or minor because these injuries may be proofs to qualify the crime or to justify the act.

On the other hand, an ordinary physician:
* sees an injury or disease on the point of view of treatment
* The purpose of an ordinary physician examining a patient is to arrive at a definite diagnosis so that appropriate treatment can be instituted
* Minor or trivial injuries are usually ignored by an ordinary clinician inasmuch as they do not require usual treatment. Superficial abrasions, small contusion and other minor injuries will heal with- out medication.

Question 6

What are the knowledge or specialization required to be a medical jurist?

Answer 6

To be involved in medico-legal duties, a physician must possess sufficient knowledge of pathology, surgery, gynecology, toxicology and such other branches of medicine germane to the issues involved.

Question 7

What are the branches of law where legal medicine may be applied?

Answer 7

**Civil Law ** - branch of law that treats the personal and family relations of a person, his porperty and successional rights, and the effects of obligations and contracts. In civil law, knowledge of legal medicine may be useful on the following:
* The determination and termination of civil personality
* The limitation or restriction of a natural person’s capacity to act
* The marriage and legal separation
* The paternity and filiation
* The testimentary capacity of a person making a will

Criminal Law - the branch or division of law which defines crimes, treats their nature, and provides for their punishment. Legal medicine is applicable in the following provisions of the penal code:
* Circumstances affecting criminal liability
* Crimes against person
* Crimes against chastity

Remedial Law - branch or division of law which deals with the rules concerning pleadings, practices and procedures in all courts of the Philippines. Legal Medicine may be applied in the following provisions of the Rules of Court:
* Physical and mental examination of a person
* Proceedings for hospitalization of an insane person
* Rules on evidences

Question 8

What are the differences between legal medicine and medical jurisprudence?

Answer 8

Legal Medicine
* branch of medicine
* medicine applied to law and administration of justice
* originate from the development of medical science
* based on coordination, that legal medicine coordinate medicine to law and justice
* direction is coming from a doctor (medical jurist)

Medical Jurisprudence
* branch of law
* law applied to the practice of medicine
* emanates from acts of Congress, executive orders, administrative circulars, custom and usage, and decisions of tribunal which have relation to the practice of law
* based on the principle of subordinations, duty of the physician to obey the laws
* direction coming from a lawyer

Question 9

Who is the father of forensic medicine?

Answer 9

Paulus Zacchias
(1584-1659)

Question 10

Who is the father of Philippine forensic medicine?

Answer 10

Pedro Solis

Question 11

What are the branches of forensic science?

(M-A-T-E-C)

Answer 11

The branches of forensic science are:
1. Medicine
2. Anthropology (the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics, in both the present and past, including past human species.)
3. Toxicology (the study of how natural or man-made poisons cause undesirable effects in living organisms.)
4. Entomology (the study of insects and their relationship to humans, the environment, and other organisms.)
5. Criminalist

Question 12

Under the Rules of Court, what is evidence?

Answer 12

Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
(Sec. 1, Rule 128, Rules of Court).

Question 13

How does evidence become a medical evidence?

Answer 13

If the means employed to prove a fact is medical in nature then it becomes a medical evidence.

Question 14

When is evidence admissible?

Answer 14

Evidence is admissible when it is relevant to the issue and is not excluded by these rules.

It is considered relevant when it has the tendency to prove any matter of fact. It is something which by the process of logic, an inference may be made as to the existence or non-existence of a fact at issue.

Question 15

What is considered relevant evidence?

Answer 15

Evidence is relevant when it has a relation to the fact in issue as to induce belief in its existence or non-existence; therefore, collateral matters shall not be allowed, except when they tend in any reasonable degree to establish the probability or improbability of the fact at issue

Question 16

What are the types of medical evidences?

(D-E-T-A-P)

Answer 16

The types of medical evidences are:
1. Autoptic or Real Evidence
2. Testimonial Evidence
3. Experimental Evidence
4. Documentary Evidence
5. Physical Evidence

Question 17

What is autoptic or real evidence?

Answer 17

Autoptic or real evidence is made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touch is perceived.

Question 18

What are the limitations to the presentation of autoptic or real evidence?

Answer 18

1. Indecency and Impropriety — Presentation of an evidence may be necessary to serve the best interest of justice but the notion of decency and delicacy may cause inhibition of its presentation.
2. Repulsive Objects and those Offensive to Sensibilities — Foul smelling objects, persons suffering from highly infectious and communicable disease, or objects which when touch may mean potential danger to the life and health of the judge may not be presented.

Question 19

What is testimonial evidence?

Answer 19

As a medicial evidence, the testimony given by a physician is called 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.

A physician may be presented in court as an ordinary witness and/or as an expert witness.

Question 20

What is the difference between ordinary witness and expert witness?

Answer 20

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. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue and medical in nature.
* The probative value of the expert medical testimony depends upon the degree of learning and experience on the line of what the medical expert is testifying, the basis and logic of his con- clusion, and other evidences tending to show the veracity or falsity of his testimony.

Question 21

What is the exception to the ordinary witness rule of testimonial evidence?

Answer 21

One of the exceptions to the ordinary witness rule is the privileged communication (confidential) between physician and patient.

Sec. 21(c), Rule 130, Rules of Court — Privileged communi- cation — A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the character of the patient.

Note: Privileged communication does not apply to criminal cases.

Question 22

Under testimonial evidence, what is the rule on hearsay information?

Answer 22

A medical witness can only testify on matters derived by his own perception. Hearsay informations are as a rule not admissible in court.

Hearsay evidences are those not proceeding from the personal knowledge of the witness but from mere repetition of what he has heard others say. It is a “second hand” evidence which rest mainly on the veracity and competence of its source.

Sec. 30, Rule 130, Rules of Court — Testimony generally confined to personal knowledge — A witness can testify only to those facts which he knows of his own knowledge; that is, which are derived from his own perception, except as otherwise provided in these rule.

Question 23

What is one of the exceptions to the non-admissability of hearsay evidence?

Answer 23

One of the exceptions to the non-admissibility of hearsay evidence is dying declaration. The declaration of a dying person under the consciousness of his impending death as regards circumstance regarding his impending death is admissible in spite of the fact that it is a hearsay, it is made so because of necessity and it is trustworthy.

To be admissible it must be shown that the declarant was conscious of his impending death, that the declaration must be with regards to his impending death; that the declarant was in full possession of his mental faculties when he made the declaration; and that such evidence is presented in court in a case of homicide, murder or parricide wherein the declarant was the victim,

Exceptions to the hearsay rule. Sec. 31, Rule 130, Dying declaration — The declaration of a dying person, made under a consciousness of an impending death, may be received in a criminal case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

Question 24

What is experimental evidence?

Answer 24

A medical witness may be allowed by the court to confirm his
allegation or as a corroborated proof to an opinion he previously stated.

A medical witness may be required to perform certain experiments to prove a certain matter of fact.

Question 25

What is documentary evidence?

Answer 25

A document is an instrument on which is recorded by means of letters, figures, or marks intended to be used for the purpose of recording that matter which may be evidentially used.

The term applies to writings, to words printed, lithographed or photo- graphed; to seals, plates or stones on which inscriptions are cut or engraved; to photographs and pictures; to maps or plans.

Question 26

Give examples of medical documentary evidence

Answer 26

A. Medical Certification or Report on:
* Medical examination.
* Physical examination.
* Necropsy (autopsy).
* Laboratory.
* Exhumation.
* Birth.
* Death.

B. Medical Expert Opinion
C. Deposition

Question 27

What is physical evidence?

Answer 27

Physical evidence is any object, material, or substance found in connection with an examination that helps establish the identity of the offender, the circumstances of the crime, or any other fact determined to be importnt to the case.

Question 28

What are the types of physical evidences?

(C-A-T)

Answer 28

Corpus Delicti Evidence - Objects or substances which may be a part of the body of the crime.
* The body of the victim of murder, prohibited drugs recovered from a person, dagger with blood stains or fingerprints of the suspect, stolen motor vehicle identified by plate number and by body or engine serial numbers are examples of corpus delicti evidence.

Associative Evidence - These are physical evidences which link a suspect to the crime.
* The offender may leave clues at the scene such as weapon, tools, garments, fingerprints or foot impression. Broken headlights glass found at the crime scene in “hit and run” homicide may be associated with the car found in the repair shop. Wearing apparel of the offender and other articles of value may be recovered where the crime of rape was committed.

Tracing Evidence - These are physical evidences which may assist the investigator in locating the suspect.
* Aircraft or ship manifest, physician’s clinical record showing medical treatment of suspect for injuries sustained in an encounter; blood stains recovered from the area traversed by the wounded suspect infer direction of the movement are examples of tracing evidence.

Question 29

What are the methods in preserving evidences?

Answer 29

1. Photographs, audio and/or video tape, micro-film, photostat, xerox, voice tracing, etc.
2. Sketching (rough sketch or finished sketch) or a rough drawing of the scene or object to be preserve is done.
3. Description or the putting into words the person or thing to be preserved.
4. **Manikin Method **or the creation of a miniature model of a scene or of a human body indicating marks of the various aspects of the things to be preserved.
5. Preservation in the Mind of the Witness where the witness makes a recital of his collection. A person who perceived something relevant for proper adjudication of a case may be a witness in court if he has the power to transmit to others what he perceived.
6. Special Methods

Question 30

What is considered as the most practical, useful, and reliable means of preservation?

Answer 30

Photography

Question 31

What is the difference between a rough sketch and a finished sketch?

Answer 31

A rough sketch is made at the crime scene or during examination of living or dead body. While, a finished sketch is prepared from the rough sketch for court presentation.

Question 32

What are the essential elements to be included in a sketch?

Answer 32

1. Measurement must be accurate.
2. Compass direction must always be indicated to facilitate proper orientation in the case of crime scene.
3. Essential item which has a bearing in the investigation must be included.
4. Scale and proportion must be stated by mere estimation.
5. There must be a title and legend to tell what it is and the meaning of certain marks indicated therein.

Question 33

What are the minimum standard requirements which must be satisfied in the description of the person or thing to make it complete?

Answer 33

1. Skin Lesion — kind, measurement, other descriptive information of the lesion itself, location, orientation.
2. Penetrating Wound (Punctured, Stab or Gunshot) — kind, shape, other information from the wound itself, location, orientation, direction, other structures involved, complications and foreign elements that may be present.
3. Hymenal laceration — location, degree, duration, complication.
4. Person — those requirement in portrait parle

Question 34

What are the principal drawbacks of preserving evidence in the mind of the witness?

Answer 34

1. The capacity of a person to remember time, place and event may be destroyed or modified by the length of time, age of the witness, confusion with other evidences, trauma or disease, thereby making the recollection not reliable.
2. The preservation is co-terminus with the life of the witness. If the witness dies, then the evidence is lost.
3. Human mind can easily be subjected to too many extraneous factors that may cause distortion of the truth. Other persons may influence a witness to serve the interest of another or state untruthful facts to justify an end.

Question 35

Give example of some special methods in preserving evidence

Answer 35

Some of the Special Ways of Preservation are:
1. Whole human body — embalming.
2. Soft tissues (skin, muscles, visceral organs) — 10% formalin solution.
3. Blood — refrigeration,sealed bottle container, addition of chemical preservatives.
4. Stains (blood, semen) — drying, placing in sealed container.
5. Poison — sealed container.

Question 36

What are the kinds of evidence?

Answer 36

Direct Evidence or that which proves the fact in dispute without the aid of any inference or presumption.
* The evidence presented corresponds to to the precise or actual point at issue.

Circumstantial Evidence or the proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence.

Question 37

When is circumstantial evidence sufficient to produce conviction?

Answer 37

1. When there is more than one circumstance;
2. When the facts from which the inferences are derived are proven; and
3. When the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt (123, Rules of Court)

Question 38

What is criminalistics?

Answer 38

Criminalistics is the identification, collection, preservation, and mode of presentation of physical evidence.

It is the application of sciences such as physics, chemistry, medicine, and other biological sciences in crime detection and investigation.

Question 39

What are the responsibilities of a criminalist?

(U-P-N)

Answer 39

1. Use their knowledge of physical evidence and natural science to examine and analyze every piece of evidence from a crime scene.
2. Prepare written reports of their findings and may have to present their reports in court
3. Not involved in determining the guilt or innocence of an accused individual; their job is to present an objective analysis of the evidence

Question 40

What is the difference between burden of proof and burden of evidence?

Answer 40

Burden of evidence is the duty of a party to go forward with evidence and which duty, if fulfilled by the party, shifts the burden to the adverse party.

Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.

Question 41

What is the hierarchy of burden of proof?

Answer 41

1. Mere suspicion (0% - 5%)
2. Reasonable suspicion (5% -15%)
3. Probable cause (30% - 40%)
4. Preponderance of evidence (51% - 60%)
5. Clear and convincing evidence (70% - 80%)
6. Beyond reasonable doubt (50% - 100%)

percentages are how the evidence is measured in terms of weight

Question 42

What are some instances where only probable cause is required?

Answer 42

In issuance of search warrants or warrant of arrests

Question 43

What is preponderance of evidence and in what type of cases is it being applied?

Answer 43

Preponderance of evidence is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term “greater weight of evidence” or “greater weight of credible evidence.

Preponderance of evidence is applied in civil cases.

Question 44

What is clear and convincing evidence?What kind of cases is it applied?

Answer 44

Clear and convincing proof means that the evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.

The “clear and convincing evidence” standard is a legal standard of proof that is used in certain types of civil cases, such as those involving fraud, breach of contract, or issues related to intellectual property.

Question 45

What is the basic principle of forensic science?

Answer 45

“Every contact by a criminal leaves behind a trace.”
* the perpetrator leaves evidence behind and also takes evidence away
* the longer you wait before collecting evidence, the less there is left
* every person at the crime scene including police investigators will contaminate it

Question 46

Who formulated the basic principle of forensic science?

Answer 46

Edmond Locard
(1877-1966)