Medical Jurisprudence Flashcards
Characteristics of a law
It is a rule of conduct
It is dictated by legitimate power
Compulsatory and obligatory to all
Anything belonging to the court of law or used in court or legal proceedinfs or something fitted for legal or public argumentation
Forensic
A science giving a wise interpretation of law and making just application to them to all cases as they arise
Jurisprudence
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 facts are substantially the same
Principle of Stare Decisis
Mass of precepts that determines and regulates relations of assistance, authority and obedience between members of a family and those which exist among members of a society for the protection of private interest
Civil Law
Compiled in Civil Code RA 386
Legal medicine may be useful in Civil Law on the following:
Determination and termination of civil personality
Limitation or restriction of a natural person’s capacity to act
Marriage and legal separation
Paternity and filiation
Testimentary capacity of a person making a will
Branch of law which defines crimes, treats of their nature and provides dor their punishment
Rules regarding human conduct
Criminal Law
Codified in Revised Penal Code
Legal medicine is applicable in the following provisions of penal code
Circumstances affecting criminal liability
Crimes against person
Crimes against chastity
Branch of law that deals with rules concerning pleadings, practices and procedures in all courts of the Philippines
Gives party a remedy for a wrong
Private remedy to a person injured by the wrongful act
Remedial Law
Embodiedcin Rules of Court of the Philippines
Legal medicine may be applied in the followint provisions of Rules of Court (Remedial Law):
Physical and mental examination of a person
Proceedings from hospitalization of an insane person
Rules on evidences
Special Laws
Dangerous Drug Act RA 6426 as amended Youth and Child Welfare Code (PD 603) Insurance Law Act (no 2427 as amended) Code of Sanitation (PD 856) Labor Code (PD 442) Employee’s Compensation Law
PD 856 Sec 96 provides persons authorized to perform autopsies:
Health officers
Medical officers of law enforcement agencies
Members of the medical staff of accredited hospitals
PD 856 Autopsies shall be performed in the ff:
Whenever required by special laws;
Upon order of a competent court, mayor and provincial or city fiscal;
Upon written request of police authorities,
Whenever SolGen, provincial or city fiscal deem it necessary to disinter and take possession of the remains for examination to determine the cause of death;
Whenever the nearest kin shall request in writing the authorities concerned to ascertain cause of death
Penalty from 12 years and 1 day to 20 years
Reclusion temporal
Penalty from 6 years and one day to 12 years except when penalty of disqualification is imposed as an accessory penalty in which case its duration shall be that of principal penalty
Prision mayor and temporary disquaification
