Chapter 1

Legal medicine
- branch of medicine that applies, medical & surgical concepts, scientific knowledge & skills to
medicolegal issues, in order to assist the trier of facts in the proper dispensation of justice
: forensic medicine ( US, Eng, & other countries)

Licensed physician
: expert in legal medicine
: testimony in the court of law
Dead On Arrival or Dying On Arrival case in which the cause of death cannot be determined -
inadequate stay in the hospital for less than four hours
death or physical injuries resulting fr alleged suspected or known criminal activities, sudden, violent,
suspicious, unexpected, unexplained death & physical injuries
medically unattended death and transportation physical injuries & death

Medical Jurisprudence
- Study of rights, duties, and obligations of physicians to their patients in a doctor-patient
relationship.
- Decisions of (1) Philippine Supreme Court and (2) other Foreign Judicial Courts concerning
medical practice in a doctor-patient professional relationship
- Code of Ethics, and Law that governs the practice and regulation of medicine
- Application of the principles law
o As they related to the practice of medicine, to the obligation of both physician and
patient, & the relations of physicians to each other & society in general

Modern Legal Medicine

- Broad range of application
o Civil cases such as paternity & filiation
o Annulment of marriage
o DNA Testing
- Helps law-enforcement officials determine whether any laws or regulations have been violated
o Marketing of food & drinks
o Manufacture of medicines
o Use of pesticides and crops
- Monitoring compliance of countries in international agreements

Medical Examiner
- Investigates many different types of violent crimes to determine whether a violent death was an
(1) accident, (2) suicide, or (3) homicide
- ALL medical cases: must conduct an investigation of crime scene and an autopsy
- Gunshot wounds: looks for gunpowder residue on victims clothes and around wounds
- Knife wounds: distinguishes between a cut (an injury that is longer than it is deep) and a stab
wound (an injury that is deeper than it is long). Defense wound as well
o Cuts suicide
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o Superficial parallel cuts repeated hesitant trials hesitation wounds

- Cases of asphyxiation: death from lack of oxygen
o By hanging, or strangulation

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 o Obstruction of air passage
o Replacement of oxygen in the RBC by another gas

TECHNIQUES of LEGAL MEDICINE

- Amount of Alcohol in Blood
o Alcohol Breath Test- evidential (capable of providing evidence in court
o Gas chromatography
- Water- filled lungs from drowning
o Microscope- presence or absence of diatoms
- Gun powder particles
o Scanning electron microscope
- Fingerprints
- The Evidence
o Presented and must signify relation between the facts Factum Probandum,
proposition to be established
o Factum Probans: material evidencing the proposition
o Present relevant, material and competent evidence
o Relevant- tendency in reason to establish the probability of a fact in issue
o Material evidence- quality of evidence which tends to influence the trier of facts
o Competent evidence- group of evidence which is not excluded by law
o Evidence excluded by law or rules is incompetent
- Requisites for the admissibility of expert testimony
o Subject under examination must be one that requires that the court has the aid of
knowledge or experience such as men not especially skilled do not have
o Witness called as an expert must process the knowledge, skill, or experience needed to
inform the court in the particular case under consideration
o Like other evidences, expert testimony is not admissible as to a matter not in issue

HISTORY of Legal Medicine (skipped)

APPLICATION of LEGAL MEDICINE TO LAW

1. Civil Law
a. The determination and termination of civil personality
b. The limitation or restriction of a natural persons capacity to act
c. Marriage and legal separation
d. Paternity and Filiation
e. Testamentary capacity of a person making a will
f. The right to hereditary succession
2. Criminal Law
a. Felonies and circumstances which affect criminal liability
b. Civil liability ex delictu
c. Crimes relative to opium and prohibited drugs
d. Crimes against persons
e. Crimes against chastity
f. Crimes against civil status of persons
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g. Quasi-offenses
3. Remedial Law- The branch of law, which gives a party a remedy, means or method whereby
causes of action may be effectuated, wrongs redressed and relief obtained.

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 a. Physical and mental examination of a person
b. Hospitalization of insane person
c. Rules on Evidence
4. Special Laws
a. Dangerous Drug Act (RA 9165)
b. Young and Child Welfare Code (PD 603)
c. Sanitation code (PD 856)
d. Insurance Law ( Act 2427 as amended)
e. Labor Code (PD 442)
f. Employees Compensation Law
5. Corpus Delicti- body or substance of the crime
- The act that a crime actually has been committed
- The burden is on the prosecution to prove the corpus delicti

QUANTUM of PROOF
1. In Civil Cases- proof necessary to prove a civil casePREPONDERANCE OF THE EVIDENCE
2. In Criminal Cases- proof beyond reasonable doubt
3. To establish matters of defense- the doctrine of reasonable doubt applies only to incriminative
facts
- Accused not required to establish matters of mitigation or defense beyond reasonable doubt
- It is sufficient that he satisfies the court of their truth by credible or preponderant evidence
4. To establish self-defense
5. To establish Alibi
6. In administrative complaints- fact may be established if it is supported by substantial
evidence

Reference:
OLARTE, LO. Legal Medicine Vol 1. 2010. Central Book Supply, Inc. pp 1-16

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