FROGLETS NOTES

Summary of Legal Medicine

Book by Solis

Ordinary Physician Medical Jurist

Sees an injury or disease Sees injury or disease on
on the point of view of the point of view of cause
CHAPTER I
GENERAL CONSIDERATION

Legal Medicine- branch of 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.

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Concept and practice of Legal Medicine
in the Philippines is of Spanish origin.

Legal Medicine Forensic Medicine

Application of medicine to Application of medical
legal cases science to elucidate legal
problems

Medical Jurisprudence- knowledge of law in relation to

the practice of medicine. It concerns with the study of the
rights, duties and obligations of medical practitioner with
particular reference to those arising from doctor-patient
relationship.

NATURE OF THE STUDY OF LEGAL MEDICINE

5888 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.
5889 Medical Jurist (medical examiner,
medico-legal officer, medico-legal expert) a
physician who specializes or is involved primarily
with medico-legal duties. They are mostly in the
service of the government.
5890 It is the duty of every physician, when
called upon by the judicial authorities, to assist in
the administration of justice on matters which are
medico-legal in character.
5891 To be involved in medico-legal duties, a
physician must possess sufficient knowledge of:
o Pathology
o Surgery
o Gynecology
o Toxicology
o Other branches of Medicine germane to
the issues involved.
 OTHER DEFINITIONS

23 LAW- rule of conduct, just, obligatory, laid by

treatment legitimate power for common observance and
Purpose in examining a Purpose in examining a benefit.
patient is to arrive at a patient is to include those
definite diagnosis so that bodily lesions in his report Characteristics of Law:
appropriate treatment can and testify before the court
be instituted or before an investigative 5888 It is a rule of conduct;
body 5889 It is dictated by legitimate power; and
Minor or trivial injuries are Records all bodily injuries 5890 Compulsory and obligatory to all.
usually ignored inasmuch even if they are small or
as they do not require usual minor because these Forms of Law:
treatment. injuries may be proofs to A. Written or Statutory Law (Lex
qualify the crime or to justify Scripta) composed of laws which
the act. are produced by the countrys
legislations and which are defined,
codified and incorporated by the law-
Example:
making body. Ex. Philippine Laws.
Presence of PHYSICAL INJURIES of a victim of 23 Unwritten or Common Law (Lex
sexual abuse = presumes that force was non Scripta) composed of unwritten
applied; hence, crime committed must be laws based on immemorial customs
RAPE. and usages. Sometimes referred to as
case law, common law, jurisprudence
Presence of PHYSICAL INJURIES on the or customary law. Ex. Laws of England.
offender of the crime of physical injuries= proof
that the victim acted in SELF-DEFENSE. 23 FORENSIC- denotes anything belonging to the
court of law or used in court or legal proceedings

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 FROGLETS NOTES
or something fitted for legal or public
argumentations.
5888 MEDICINE- a science and art dealing
with preventation, 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.
5889 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.
5890 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 DECISES
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.
BRANCHES OF LAW WHERE LEGAL MEDICINE
MAY BE APPLIED
In CIVIL LAW, knowledge of legal medicine may be useful
on the following:
23 Determination and termination of civil personality
(Art.40-41);
24 Limitation or restriction of a natural persons
capacity to act (Art. 23 and 29);
25 Marriage and legal separation
26 Paternity and filiation
27 Testamentary capacity of a person making a will.
In CRIMINAL LAW, legal medicine is applicable in the
following provisions of the Penal Code:
5888 Circumstances affecting criminal
liability;
5889 Crimes against person;
5890 Crimes against chastity.
In REMEDIAL LAW, legal medicine is applied in the
following provisions of the Rules of Court:
23 Physical and mental examination of a person
(Rule 28);
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5888 Proceedings for hospitalization of an
insane person (Rule 101); and
5889 Rules on evidences (Part IV).
In SPECIAL LAWS:
23 Dangerous Drug Act (RA 6425, as amended)
24 Youth and Child Welfare Code (PD 603)
25 Insurance Law (Act No. 2427 as amended)
26 Code of Sanitation (PD 856)
27 Labor Code (PD 442)
28 Employees Compensation Law
MEDICAL EVIDENCE
Evidence- the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact.
If the means employed to prove a fact is medical
in nature then it becomes a medical evidence.
TYPES OF MEDICAL EVIDENCE
5888 Autoptic or Real Evidence
evidence 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. (Sec.1, Rule 130)
Limitations to the Presentation of Autoptic
Evidence:
23 Indecency and Impropriety
presentation of evidence may be necessary
to serve the best interest of justice but the
notion of decency and delicacy may cause
inhibition of its presentation.
Ex: Court may not allow exposure of the
genitalia of an alleged victim of sexual
offense to show the presence and degree of
the genitalia and extra-genitalia injuries
suffered.
24 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.
 FROGLETS NOTES
However, if such evidence is necessary in
the adjudication of the case, the question of
indecency and impropriety or the fact that
such evidence is repulsive or offensive to
sensibilities, it may be presented. This will
depend on the sound discretion of the court.
5888 Testimonial Evidence a physician
may be commanded to appear before a court to
give his testimony. 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:
ORDINARY WITNESS EXPERT WITNESS
A physician who
A physician
testifies in court on account of his training
matters perceived from and experience can
his patient in the course
give his opinion on a
of physician-patient
set of medical facts.
relationship. He can deduce or
infer something,
(Sec. 20, Rule 130, determine the cause
Rules of Court) of death, or render
opinion pertinent to
Exception: Privilege of the issue and medical
Communication nature.
between physician and
patient. (Sec. 48-49, Rule
130)
(Sec. 24 c, Rule 130)
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
conclusion, and other
evidences tending to
show the veracity or
falsity of his
testimony.
23 Experimental Evidence A medical witness
may be allowed by the court to confirm his
allegation or as a corroborated proof to an
opinion he previously stated.
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23 Documentary Evidence- Medical Documentary
Evidence may be:
23 Medical Certification or Report on:
4 Medical examination
5 Physical examination
6 Necropsy/ autopsy
7 Laboratory
8 Exhumation
9 Birth
10 Death
24 Medical Expert Opinion
25 Deposition
24 Physical Evidence these are articles and
materials which are found in connection with the
investigation and which aid in establishing the
on identity of the perpetrator or the circumstances
under which the crime was committed, or in
general assist in the prosecution of a criminal.
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.
Type of Physical Evidences:
23 Corpus Delicti Evidence objects or
substances which may be a part of the
body of the crime.
24 Associative Evidence- these are
physical evidence which link a suspect
to the crime.
25 Tracing Evidence- these are physical
evidence which may assist the
investigator in locating the suspect.
PRESERVATION OF EVIDENCE
The physical evidence recovered during medico-legal
investigation must be preserved to maintain their value
when presented as exhibits in court.
Methods of Preserving Evidence
5888 Photographs, audio and/or video
tape, micro-film, Photostat, Xerox, voice
tracing, etc.
5889 Sketching- rough drawing of the
scene or object to be preserve is done. It must
be simple, identifying significant items and with
exact measurement.
 FROGLETS NOTES
Summary of Legal Medicine
Book by Solis

Kinds of Sketch: 23with the lifeTheof thepreservation

witness.
is co-terminus
Rough Sketch- made at the crime scene or
during examination of living or dead body. 24subjected Human mind can easily be
to too many extraneous
factors that may cause distortion of the
Finished Sketch- sketch prepared from the rough truth.
sketch for court presentation.
24 Special Methods- Special way of treating
Essential Elements to be Included in a certain type of evidence may be necessary.
Sketch: Preservation may be essential from the time it is
recovered to make the condition unchanged up
23 Measurement must be accurate; to the period it reaches the criminal laboratory for
24 Compass direction must always be appropriate examination.
indicated to facilitate proper orientation
in the case of crime scene; Special Ways of Preservation:
25 Essential item which has a bearing in
the investigation must be included; 5888 Whole human body- embalming.
26 Scale and proportion must be stated by 5889 Soft tissues (skin, muscles,
mere estimation; visceral organs) 10% formalin
27 There must be a title and legend to tell solution.
what it is and the meaning of certain 5890 Blood- refrigeration, sealed
marks indicated therein. bottle container, addition of chemical
preservatives.
23 Description- putting into words the person or 5891 Stains (blood, semen)
thing to be preserved. It must cause a vivid drying, placing in sealed container.
impression on the mind of the reader, a true 5892 Poison- sealed container.
picture of the thing described.
CHAPTER II
Minimum Standard Requirements which must be DECEPTION DETECTION
satisfied in the description of the person or thing
to make it complete: Methods of deception detection used by law
enforcement agencies:
23 Skin Lesion 23 Devices which record the psycho-physiological response
24 Penetrating wound 23 Polygraph or lie detector machine records
25 Hymenal Laceration physiological changes that occur in association with
26 Person lying in a polygraph.

24 Manikin Method- miniature model of a scene or Phases of Examination

of a human body indicating marks of a various 4 Pre-test interview
aspects of the things to be preserved. 5 Actual interrogation and recording through the
25 Preservation in the Mind of the Witness instrument

Drawbacks of preserving evidence in the mind of Standard test questions:

the witness:
5888 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 evidence, trauma or disease,
thereby making the recollection not
reliable;
5888 Irrelevant questions no bearing to
the case under investigation (ex: age,
citizenship, occupation, etc).
5889 Relevant questions pertaining to
the issue under investigation (ex: Did you shoot
to death Mr. X?).
5890 Control questions unrelated to the
matter under investigation but are of similar
nature although less serious as compared to
those relevant questions (ex: Have you ever
used a gun?).

4 By 4D2014-2015
 FROGLETS NOTES
iii. Post-test interrogation
Supplementary tests:
5888 Peak-of-tension test may be given
if subject is not yet informed of the details of the
offense for which he is being interrogated by the
investigator.
5889 Guilt complex test applied when
the response to relevant and control questions are
similar in degree and consistency in a way that the
examiner cannot determine whether the subject is
telling the truth or not.
5890 Silent answer test conducted in the
same manner as when relevant, irrelevant and
control questions are asked, but the subject is
instructed to answer the questions silently, to
himself, without making any verbal response.
Factors responsible for the 25% errors of the lie
detector:
4 Nervousness or extreme emotional tension
experienced by a subject who is telling the truth
regarding the offense in question
5 Physiological abnormalities
6 Mental abnormalities
7 Unresponsiveness in a living or guilty subject
8 Attempt to beat the machine by
controlled breathing or by muscular flexing
9 Unobserved application of muscular pressure which
produces ambiguities and misleading indications in
the blood pressure tracing
5888 Word association test A list of stimulus and non-
stimulus words are read to the subject who is instructed to
answer as quickly as possible. The time interval between
the words uttered by the examiner and the answer of the
subject is recorded. The test is not concerned with the
answer, be it a yes or no.
The important factor is the time of response in relation
to the stimulus or non-stimulus words.
5889 Psychological stress evaluator (PSE)
detects, measures, and graphically displays the voice
modulations that we cannot hear. When a person
speaks, there are audible voice frequencies, and
superimposed on these are the inaudible frequency
modulations which are products of minute oscillation
of the muscles of the voice mechanism. Such
oscillations of the muscles or microtremor occur at the
rate of 8 to 14 cycles per second and controlled by the
central nervous system.
23 Use of drugs that try to inhibit the
inhibitor
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a. Truth serum In the test, hyoscine hydrobromide is
given hypodermically in repeated doses until a state of
delirium is induced. When the proper point is reached,
the questioning begins and the subject feels a
compulsion to answer the questions truthfully.
b. Narcoanalysis or narcosynthesis practically the
same as that of administration of truth serum. The
only difference is the drug used. Psychiatric sodium
amytal or sodium penthotal is administered to the
subject.
c. Intoxication the apparent stimulation effect of
alcohol is really the result of the control mechanism of
the brain, so alcohol, like truth serum, and
narcoanalytic drugs inhibit the inhibitor.
(In vino veritas in wine there is truth)
5888 Hypnotism the alteration of consciousness
and concentration in which the subject manifests a
heightened of suggestibility while awareness is
maintained.
5889 By observation
Physiological and psychological signs and symptoms of
guilt:
5888 Sweating if accompanied with a flushed face
indicate anger, embarrassment or extreme
nervousness. If with a pallid face, may indicate shock
or fear. Sweating hands indicate tension.
5889 Color change flushed face may indicate
anger, embarrassment or shame. Pale face is sign of
guilt.
5890 Dryness of the mouth nervous tension
causes dryness of the mouth which causes
continuous swallowing and licking of the lips.
5891 Excessive activity of the Adams apple on
account of dryness of the throat, subject will swallow
saliva which causes frequent upward and downward
movement of the Adams apple.
5892 Fidgeting constantly moving about in the
chair, pulling his ears, rubbing his face, picking and
tweaking the nose, etc. Indicative of nervous tension.
5893 Peculiar feeling inside there is a
sensation of lightness of the head and the subject is
confused. Result of troubled conscience.
5894 Swearing to the truthfulness of his assertion
I swear to God I am telling the truth
5895 Spotless past record subject may assert
that it is not possible for him to do anything
like that inasmuch as he is a religious man and that
he has a spotless record.
5896 Inability to look at the investigator straight
in the eye because of fear that his guilt may be
seen in his eyes.
 FROGLETS NOTES
j. Not that I remember expression resort to this
expression to avoid committing something prejudicial
to him.
0 Scientific interrogation the questioning of a person
suspected of having committed an offense or of persons
who are reluctant to make a full disclosure of information
in his possession which is pertinent to the investigation.
Suspect person whose guilt is considered on
reasonable ground
Witness person other than the suspect who is
requested to give information
Different types of criminal offenders
0.0 Based on behavioral attitude:
0.0 Active aggressive offenders commit crimes in
an impulsive manner
0.1 Passive inadequate offenders commit crimes
because of inducement, promise or reward.
0.1 Based on the state of mind
1.0 Rational offenders commit crime with motive
or intention
1.1 Irrational offenders commit crime without
knowing the nature and quality of his act.
0.2 Based on proficiency
2.0 Ordinary offenders engaged in crimes which
require limited skill
2.1 Professional offenders commit crimes which
require special skills rather than violence.
0.3 Psychological classification
3.0 Emotional offenders commit crimes in the heat
of passion, anger, or revenge.
3.1 Non-emotional offenders commit crimes for
financial gain and are usually recidivist or
repeaters.
Techniques of Interrogation
a. Emotional appeal interrogator must create a mood
that is conducive to confession
b. Mutt and Jeff technique there must be at least 2
investigators with opposite character; one (Mutt) who
is arrogant and relentless, and the other (Jeff) who is
friendly, sympathetic and kind.
c. Bluff on split-pair technique applicable where
there are two or more persons who allegedly
participated in the commission of a crime. While one
of them is interrogated, the interrogator may claim that
the subject was implicated by the author and that
there is no use for him to deny participation.
d. Stern approach questions must be answered
clearly, and the interrogator utilizes harsh language.
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e. The subject is given the opportunity to make a
lengthy, time-consuming narration.
0 Confession an expressed acknowledgment by the
accused in a criminal case of the truth of his guilt as to
the crime charged, or of some essentials thereof.
Requirement for the Admissibility of Evidence
Obtained Through Interrogation
0 Custodial Investigation and Self-Incrimination
(1987 Constitution)
1 Miranda v. Arizona (Miranda Rights)- safeguards
were established for the interrogation of
suspected persons.
Some Techniques of Interrogation
23 Emotional Appeal- The interrogator creates a
mood that is conducive to confession. He may be
sympathetic or friendly to the subject.
24 Mutt and Jeff Technique- One interrogator (Mutt)
is arrogant and relentless; he knows the subject
to be guilty. The other (Jeff) is friendly,
sympathetic, and kind. When Mutt is not
present, Jeff will advise the subject to make a
quick decision and plea for cooperation.
25 Bluff on Split-Pair Technique- Applicable where
there are two or more persons who allegedly
participated on the commission of a crime. All of
them are interrogated separately and the
interrogator may claim that the subject was
implicated by the author and that there is no
use for him to deny participation.
26 Stern Approach- Immediate and clear response
from the subject is demanded and the
interrogator uses harsh language.
27 The subject is given the opportunity to make
a lengthy, time-consuming narration.
Basis of Interrogators Inference that the Subject is
not Telling the Truth
5888 The statements have many
improbabilities and gaps on its substantial
parts.
5889 The statements are inconsistent with
the material facts.
5890 The statements are incoherent.
Confession
 FROGLETS NOTES
256 Is an expressed acknowledgement by the
accused of the truth of his guilt as to the
crime charged, or of some essentials thereof.
257 Confession is a statement of guilt while
admission is usually a statement of fact by
the accused which does not directly involve
an acknowledgment of guilt.
Kinds of Confession
0 Extra-judicial Confession- is a confession made
outside of the court prior to the trial of the case.
o Under the Rules of Court, extra-judicial
confession is not a sufficient ground
for conviction unless corroborated by
evidence of corpus delicti.
o Extra-judicial confession may be:
0 Voluntary- the accused
speaks on his free will and
accord, without inducement
of any kind, and with full and
complete knowledge of the
nature and consequence of
the confession.
1 Involuntary- obtained through
force, threat, intimidation,
duress, or anything
influencing the voluntary act
of the confessor. Such are
inadmissible in evidence.
1 Judicial Confession- is the confession of an
accused in court. It is conclusive upon the
court and may be considered to be a mitigating
circumstance.
o Under the Rules of Court, admissions
made by the parties in the pleadings, or
in the course of the trial or other
proceedings do not require proof and
cannot be contradicted unless
previously shown to have been made
through palpable mistake.
Maltreatment of Prisoners
0 Elements (Art. 235, RPC)
0 The offender is a public officer or
employee
0 The offender has under his charge a
convicted or detention prisoner
0 The offender maltreats the prisoner by
overdoing in the correction and
handling of the prisoner by the (1)
imposition of punishment not
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authorized by the regulation, or (2) by
inflicting such punishment in a cruel
and humiliating manner; or by
maltreating to extort a confession or
obtain information.
23 Tokyo Declaration- provides guidelines to be
observed by physicians concerning torture
and other inhuman treatment
o The doctor shall not countenance,
condone, or participate in the
practice of torture or other forms of
inhuman procedures
o The doctor shall not provide premises,
instruments, substances, or knowledge
to facilitate such in practices
o The doctor shall not be present during
any procedure during which inhuman
treatment is used or threatened
o A doctor must have complete clinical
independence in deciding upon the
care of a person for whom he is
medically responsible
o Where the prisoner refuses
nourishment and is considered by the
doctor as capable of forming an
unimpaired and rational judgment
concerning the consequences of
such voluntary refusal of nourishment
(as confirmed by at least one other
independent doctor), he or she shall
not be fed artificially. Such
consequences of the refusal of
nourishment shall be explained by
the doctor to the prisoner
o The World Medical Association will
support and encourage the
international community, the national
medical associations, and fellow
doctors, to support the doctor as
his/her family in the face of threats
or reprisals resulting from refusal to
condone the use of torture and
inhuman treatment.
CHAPTER III
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
Identification is the determination of the individuality of
a person or thing.
Importance of Identification
 FROGLETS NOTES
Summary of Legal Medicine
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23 To establish the identity of the offender and that 0 Those which are based on scientific knowledge-
of the victim in the prosecution of the criminal made by trained men, well-seasoned by
offense. experience and observation
24 To identify a person missing or presumed dead in
order to facilitate the settlement of the estate, Ordinary Methods of Identification
retirement, insurance, and other social benefits.
25 Identification resolves the anxiety of the next-of- 0 Points of Identification Applicable to Living
kin, other relatives and friends as to the Persons Only
whereabouts of a missing person or victim of o Characteristics which may easily be
calamity or criminal act. changed
26 Identification may be needed in some 0.0beard or mustache
Growth of hair,
transactions like cashing of check, entering a
premise, sale of property, release of dead bodies
to relatives, parties to a contract, etc..
0.1may haveClothing- a person
a special
preference for certain form,
Rules in Personal Identification texture or style

5888 Law of Multiplicity of Evidence in

0.2 Frequent place of
visit- A persons special
Identification-the greater the number of points of desire or habit to be in a
similarities and dissimilarities of two persons place if he has the
compared, the greater is the probability for the opportunity to do so

5889
conclusion to be correct.
The value of the different points of
0.3 Grade of
profession- e.g. a mechanic
identification varies in the formulation of may be recognized by his
conclusion (e.g. visual recognition by relative or tools, a clergy man by his
friends may be of lesser value as compared with robe, or a nurse by her cap

5890
fingerprints or dental comparison).
The longer the interval between the
0.4ornamentations-earrings,
Body

death and the examination of the remains, the necklaces, rings,

greater is the need for experts in establishing pins, etc. Usually worn by
identity. persons
5891It is necessary for the team to act in the shortest 0 Characteristics that may not be easily
possible time specially in cases of mass disaster. changed
5892 There is no rigid rule to be
observed in the procedure of identification
0 Mental memory- a
recollection of time, place,
of persons. and events.

Methods of Identification
1 Speech- a person may
stammer, stutter, or lisp;
manner of talking and quality
0 By comparison-Identification criteria recovered of the voice.
during investigation are compared with
records available in the file. 2 Gait- a person, on account of
disease or some inborn traits,
1 By exclusion- If two or more persons have to be may show a characteristic
identified and all but one is not yet identified, then manner of walking.
the one whose identity has not been established
may be known by the process of elimination. 3 Mannerism- stereotype
movement or habit peculiar
Identification of Persons to an individual. (E.g. way of
sitting, movement of hand,
Classification of the Bases of Human Identification movement of body,
movement of facial muscles,
manner of leaning, etc.)
0 Those which laymen use to prove identity- no
special training or skill required 4 Hands and feet- Size, shape,
and abnormalities.
0 Foot or hand
impression-
develops when a
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foot or hand is 5888 Negro-

pressed on
mouldable
materials like mud,
clay, cement
mixture, or other
semi-solid mass.
Footprint or
handprint- a
footmark or
handmark on a
hard base
contaminated or
smeared with
foreign matters like
dust, floor, blood,
etc.
0 Complexion
1 Changes in the eyes- near-
sightedness, far-sightedness,
state of being color blind, etc.
2 Facies- different kinds of
facial expressions
brought about by disease
or racial influence.
3 Left- or right-handedness
4 Degree of nutrition- in
relation to height and age.
1 Points of Identification Applicable to Both Living
and Dead before Onset of Decomposition
o Occupational marks- certain
occupations may result in some
characteristic marks or identifying
guide
o Race
0 Color of the skin
0 Caucasian-Fair
1 Malayan-Brown
2 Mongolian-Fair
3 Negro- Black
1 Feature of the face
0 Caucasian-
Prominent
sharp nose
1 Malayan- Flat nose
with round face
2 Mongolian- Almond
eyes and
prominent cheek
bone
Thick lips and
prominent eyes
5889 Shape of the skull
5888 Caucasia
n-Elongated
skull
5889 Malayan-
Round head
apparel
5890 Mongolian-
Round head
5891 Red Indians
and Eskimos- Flat
head
5890 Wearing Apparel-
Casual and customary
wearing may indicate race as
well as religion, nationality,
region, and custom.
23 Stature- change in height; rate of
growth
5888 Tattoo marks- introduction of
coloring pigments in the layers of the
skin by multiple puncture.
23 Weight- not a good point of
identification for it is easily changed
5888
from time to time.
Deformities- may be
congenital or acquired
0 Birth marks
0 Injuries leaving permanent results- e.g.
amputation, improper union of fractured
bones
0Moles
23 Scar- a remaining mark after healing of
the wound.
23 Age of scar
23 Recently formed-
slightly elevated,
reddish or bluish in
color, and tender to
touch
24 Few weeks to two
months- scar has
inflammatory
redness, and it is
soft and sensitive
25 Two to six months-
brownish or
coppery red, free
from contraction
and corrugation,
and soft

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Six months or 0 Waering apparel

more- scar is white, 1 Foreign bodies
glistening, 2 Identification by close friends and relatives
contracted, and 3 Identification record
tough 4 Photographs

Anthropometry (Bertillon System)

23 scheme utilizing anthropometrical measurement of the II. SCIENTIFIC METHODS OF
human body as the basis of identification IDENTIFICATION A. Fingerprinting
B. Dental identication
Basis C. Handwriting
5888 The human skeleton is unchangeable D. Identification of skeleton
after twentieth year. E. Determination of sex F.
5889 It is impossible to find two human Determination of Age G.
beings having bones exactly alike. Identification of Blood
5890 The necessary measurement can H. Identification of Hair and Fibers
easily be taken.
A. Fingerprinting
Information included 0 considered to be the most valuable method of
0 Descriptive Data - color of hair, eyes Identification
1 Body marks - moles, scars 1 the finger may be wounded or burned, but the whole
2 Anthropometrical measurements pattern with all its details will reappear when the
2.0 Body measurement wound heals
2.1 Measurement of head 5888 There is no two identical fingerprints
2.2 Measurement of the limbs 5889 Fingerprints are not changeable

Portrait Parle (spoken picture) Practical uses

0 verbal, accurate and picturesque description of 23 Help establish identity in cases of dead bodies
the person identified. Such information may be 24 Prints recoveres from crime scene associate person
given bybthe witness, relatives, or persons who 25 Prints on file are useful for comparative purposes
ate acquainted with the physical features of the 26 Among illiterates, right thumbprint is recognized as
person to be identified substitute for signature.
0 General impression
1 Age, sex Dactylography is the art and study of recording
2 Race or color fingerprints as a means of identification
3 Height
4 Weight Dactyloscopy is the art of identification by comparison of
5 Built fingerprints
6 Posture
7 Head Poroscopy is the study of the pores found on the
8 Hair pappillary or friction ridges of the skin
9 Face
10 Neck Merhods of Producing Impression
11 Shoulder 5888 Plain method - bulbs of the last
12 Wrist phalanges of the fingers and
13 Hands thumb are pressed on
14 Fingers the surface of the paper after
15 Arms pressing them on ink
16 Feet 2. Rolled method - bulbs of the thumb and other fingers
are rolled on the surface of the
Extrinsic Factors in Identification paper after being rolled on an ink
0 Ornamentation pad
1 Personal belongings
Kinds of Impression

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 FROGLETS NOTES
0 Real impression - impression of the finger bulbs with
the use of printing ink on the
surface of the paper
1 Chance impression - impresses by mere chance
without any intention to produce it
How to Get Fingerprint Impressions on Dead Bodies
0 In case of fresh bodies, the fingers are
uncleanched and each one is inked individually
with the aid of small rubber roller.
1 If the "floater" has been in the body if water for a
longer time and the friction ridges have
disappeared, the skin of the fingertips is cut
away. This area of the skin is placed in a small
labelled test tube containing formaldehyde
solution.
Types of Fingerprint Patterns
0 Arches - the ridgea go from one side of the pattern
to another, never turning back to make a loop
0 Plain arches
1 Tented arches
1 Loops - one or more ridges enter on either side,
recurves and terminate on the same side from
which it entered
0 Ulnar loop
1 Radial loop
2 Whorls - patterns with two deltas and patterns too
irregular in form to classify
0 Simple whorl
1 Central pocket loop
2 Lateral pocket loop
3 Twin loop
4 Accidentals
0 Can fingerprints be effaced?
0No, as long as the dermis of the bulbs of the finger is not
completely destroyed, the fingerprints will always
remain unchanged and indestructible.
Q: Can fingerprints be forged?
0 There is considerable controversy as various
experiments could almost make an accurate
reproduction, still there is no case in record known or
have been written.
B. DENTAL IDENTIFICATION
23 The possibility of two persons to have the same
dentition is quite remote.
Summary of Legal Medicine
Book by Solis
23 The enamel of the teeth is the hardest substance
in the body. It may outlast all other tissues.
24 After death, the greater the degree of tissue
deatruction, the greater is importance of the
dental characteristic.
25 The more recent the ante-mortem records of the
person to be identified, the more reliable is the
comparative or exclusionary mode of
identification that can be done.
Causes of Unreliability of the Dental Records
23 The dentist may only concern himself with the
affected teeth and may not care to have a
detailed examination of the other teeth.
24 No uniformity in nomenclature in the charting of
teeth
25 Although there may be a law obligating dentists
to have a record of their patient, the law does not
mention the agency which will enforce it
26 Changes in the teeth which are not seen by the
dentist
23 HANDWRITING
23 The handwriting of a person may be proved by a
witness who believes it to be the handwiting of
such person, and has seen the person write, or
has seen writing purporting to be his upon which
the witness has acted or been charged, and has
thus acquired knowledge of the handwriting of
such person.
The genuineness of any disputed writing may be
proven by any of the following ways
0 Ac
knowledgement of the alleged writer
1 St
atement of the witness who saw the writing
2 Opinion of persons who are familiar
with the handwriting of the alleged writer
3 Op
inion of an expert
Practical Uses of Handwriting Examination
0 Financial crime
1 Death inveatigation
2 Robberies
3 Kidnapping with ransom
4 Anonymous threatening letters
5 Falsification of documents
Bibliotics - science of handwriting analysis
Graphology - study of handwriting for the purpose of
determining the writer's personality,
character and aptitude.
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Handwriting - complex interaction of nerves 0 Logwood ink

Writing - conscious act, but on the account of repeated act
it becomes habitual and unconscious
Movements in Writing
0 Finger movement- letters are made entirely by
the action of the thumb, the pointing and middle
fingers
1 Hand movement letters are produced by the
action of the hand as a whole with the wrist as
the center of action
2 Arm movement movement in writing is made
by the hand and arm supported with the elbow at
the center of later swing
3 Whole arm movement action is produced by
the entire arm without any rest
The Form, Style and Characteristics of the
Handwriting of a Person are Basically Determined
By:
1 Carbon ink
2 Ballpoint ink
CHAPTER III
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
Instruments Necessary in Questioned Document
Examination:
0 Photographic instruments- to view the writing in
sufficient magnification for detail examination
and preparation of evidence for presentation
1 Magnifying lend and stereoscopic binocular
microscope- to determine unusual appearances of
writing. Obliterations, erasures and alterations may
be more visible
2 UV lamp and infra red radiation- to mae visible the
chemical erasures
3 Measuring caliper
4 Good lighting facilities
Purpose of Handwriting Examination

Primary Factors 0 Whether the document was written by the suspect

0 Survival of the letters are formed when a person 1 Whether the document was written by the
begins to write person whose signature it bears
1 Inclusion of some characteristics due to admiration 2 Whether the writing contains additions or deletions
of a peculiar design in writing 3 Whether the document such as bills, receipts,
2 Identifying characteristics may be the result of the suicide notes or checks are genuine or a forgery
great volume of writing done
3 The presence or absence of physical abnormalities Points to Consider in Questioned Document Examination
or defects originating from illness, injury,
psychological variations and other similar 0 Slant, spacing, size, proportion of the letters, speed
conditions and rhythm in writing, shading, pen strokes
1 The greater the variation in the way of writing, the
Secondary Factors greater the amount of standard of writing needed to
0 Position of writer form a reliable impression
1 Temporary physical or psychological disturbance
2 Other external temporary variables 2 To determine whether a certain instrument or
3 Physical and chemical factors document has been written by a certain person,
0 Writing instrument compare the writings with some standard of writings
0 Ballpen of the same person
1 Fountain pen o Two Types of Standard Writings:
2 Steel pen
3 Pencil
0 Collected Standards: handwriting
by the person who is suspected to
1 Paper have written the questioned
0 Color document; may be found in the
1 Surface appearance private or public records of the
2 Watermarks persons

2 Ink
3 Weight and thickness 1 Requested Standard: standards
made by the alleged writer upon
0 Iron gallotannate ink request of the examiner; usually
1 Washable ink

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applicable only to recently written
documents
Disguised writing
The deliberate attempt on the part of the writer to alter his
writing habit to invent a new writing style of by imitating the
writing of another person.
0 Done by changing the direction (pp. 86-102)
of the slant, changing the speed in writing,
deliberate carelessness
0 Length of interment or length from the time of death
May be determined by the nature and presence of soft
tissues and the degree of erosion of the bones.
Ordinarily, all the soft tissues in a grave disappear
within a year.
1 Presence or absence of ante or post mortem injuries
2 Congenital deformities and acquired injuries on the
hard tissues causing permanent deformities
Procedure of the Test

Signature forgery Two Methods may be utilized and both should be employed
in the examination:
Signature forgery examination is the most common
activity of a questioned document examiner 0 Detection of Agglutinins
1 Detection of Agglutinogens
Classifications of Signature Forgery
0 Traced forgery: the outlining of a genuine signature Value of the Test
from one document onto another
0 It may solve disputed parentage (maternity or paternity).
1 Simulated forgery: an attempt to copy in freehand
1 Positive result - not conclusive that the one in question is
manner the characteristics of a genuine signature
the offspring
either from the memory of the signature or from as
2 Negative result - conclusive that he is not the child of the
model.
alleged parents. Grouping is true not only with blood but
2 Spurious forgery: one prepared primarily in the also with other body fluids like saliva, vaginal secretion,
forgers own handwriting wherein little or no seminal fluid, milk, urine and others
attempt has been made to copy the characteristics
of the genuine writing INHERITANCE PATTERNS OF ABO BLOOD GROUPS
Typewriter Identification Group of Groupof Exclusion
Parents Children Cases
The identification of the typing machine used in a OxO O A, B, AB
questioned document OxA O, A B, AB
OxB O, B A, AB
IDENTIFICATION OF THE SKELETON AxA O, A B, AB
AxB O, A, B, AB
In the examination of bones, the following points can be
BxB O, B A, AB
determined:
O x AB A, B O, AB
23 Whether the remains are of human origin or not:
A x AB A, B, AB O
Study the shape, size, and general nature of the
remains, especially that of the skull B x AB A, B, AB O
24 Whether the remains belong to a single person or not: AB x AB A, B, AB O
Any plurality or excess of the bones after a complete
lay out denotes that the remains belong to more than
one person Different Characteristics of Blood from Different Sources:
25 Height
23 Arterial Blood bright scarlet in color, leaves the blood
26 Sex:
vessel with pressure, high oxygen contents
Study the pelvis, skull, sternum, femur and humerus
23 Venous Blood dark red in color, does not spill far
27 Race
from the wound, low oxygen content
28 Age:
24 Menstrual Blood does not clot, acidic in reaction
Determined by the appearance of ossification centers
owing to mixture with vaginal mucous, on
and union of bones and epiphyses, dental
identification, and obliteration of cranial structures

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microscopic examination, there are vaginal epithelial same degree as

cells, contains large number of Deoderleins bacillus. humans
5888 Mans or Womans Blood- no method of Note: Medullary index (I) is the relation between the
differentiating man and womans blood diameter of the medulla and the diameter of the whole hair.
5889 Childs Blood- at birth, it is thin and soft compared The hair and fiber may be examined microscopically in its
with that of adult, red blood cells are nucleated and cross-section and longitudinal aspect.Comparative study
exhibit greater fragility, red blood cells count more must be made to show similarity of the hair and fiber.
than in adult.
Other Points in the Identification of Hair:
Identification of Hairs and Fibers 1. Characteristics of the hair:
Hair on body surfaces is fine while those from the beard,
0 Addition of a substance that will coat the outer mustache and scalp are very thick.
surface of the hair so as to impart a different
Hair from the eyebrows and lashes is tapering gradually to
color.
finepoints.
Ex.: Salts of bismuth, lead, silver and pyrogallic
acid
Length of the Hair:
Hair from the scalp grows 2.5 cms. a month.
2. Addition of substances which bleach or
Beard hair grows at the rate of 0.4 millimeter a day.
change the natural color of the fiber or
3. Color of the hair:
hair.
May be black, blonde or brunette.
Ex.: Hydrogen peroxide, chlorine and Hair from older persons may be white or gray.
diluted nitric acid
The hair may be artificially colored by bismuth, lead or
Distinctions between Human and Animal Hair: silver salts.
It may be bleached by addition of hydrogen peroxide,
chlorine or diluted hydrochloric or nitric acid.
Human Animal
Medulla Air network in fine Air network in Male or a Female Hair
grains forms of large In many instances it is quite impossible to state the sex
and small from the hair, but certain points may be worthy of mention:
sacks.
Hair on the scalp of male is shorter, thicker and more wiry
Cells invisible without than that of female's.
treatment in water Cells easily Eyebrow hair of a male is generally long and more wiry
visible than that of a female's.
Value of I lower than
0.3 Estimation of Age Based on the Hair:
Value of I higher Hair of children is fine, short, and deficient of pigments and,
Fuzz without medulla than 0.5 as a rule, devoid of medulla.
Fuzz with At the adolescent age, hair may appear at the pubis. Hair
on the scalp becomes long, wiry, and thick.
medulla In the case of older persons, the color is usually white or
Cortex Looks like a thick muff
Looks like a gray, with marked absorption of pigments and
fairly thin hollow degenerative changes
Pigments in the form cylinder
of fine grains Pigments in the CHAPTER IV
form of irregular MEDICO-LEGAL ASPECTS OF DEATH
grains larger
than that of Importance of Death Determination
humans The civil personality of a natural person is extinguished by
death;
Cuticle Thin scales not Thick scales The property of a person is transmitted to his heirs at the
protruding, covering protruding, do time of death;
one another to about not cover one
4/5 another the

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 FROGLETS NOTES
The death of the partner is one of the causes of dissolution
of partnership agreement;
The death of either the principal or the agent is a mode of
extinguishment of agency;
The criminal liability of a person is extinguished by death;
The civil case for claims which does not survive is
dismissed upon the death of the defendant.
Death
is the termination of life.
it is the complete cessation of all the vital functions without
possibility of resuscitation.
it is an irreversible loss of the properties of living matter.
an event that takes place at a precise time.
the ascertainment of death is a clinical and not a legal
problem.
Based on the Criterion Used in its Determination, death
may be:
1. Brain Death
Death occurs when there is deep irreversible coma,
absence of electrical brain activity and complete
cessation of all the vital functions without possibility of
resuscitation.
2. Cardio-Respiratory Death
Death occurs when there is a continuous and persistent
cessation of heart action and respiration.
It is a condition in which the physician and the members of
the family pronounced a person to be dead based on
the common sense or intuition
3. Brain and Cardio-Respiratory Death
A person will be considered medically and legally dead if in
the opinion of a physician based on ordinary standards of
medical practice, there is:
absence of spontaneous respiratory and cardiac function,
and because of the disease or condition which caused,
directly or indirectly, these functions to cease, or
because of the passage of time since these functions
ceased, attempts at resuscitation are considered
hopeless;
absence of spontaneous brain function and if based on
ordinary standards of medical practice during
reasonable attempts to either maintain or restore
spontaneous circulatory or respiratory function in the
absence of aforesaid brain function, it appears that
further attempts at resuscitation or supportive
maintenance will not succeed.
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Death will have occurred when these conditions first
coincide. (Section 1, Chapter 378 of Kansas Statute)
Brain Death
According to Harvard Report of 1968, the following are the
characteristics of irreversible coma:
Unreceptivity and Unresponsibility
There is a total unawareness to externally applied stimuli
and inner need and complete unresponsiveness
No movements or breathing
Observation covering a period of at least l hour by
physicians is adequate to satisfy the criteria
No reflexes
Irreversible coma with abolition of central-nervous
system activity is evidenced in part by the absence of
elicitable reflexes.
The pupil will be fixed and dilated and will not respond to a
direct source of bright light.
Ocular movement (to head turning and to irrigation of the
ears with ice water) and blinking are absent.
There is no evidence of postural activity (decerebrate or
other).
Swallowing, yawning, vocalization are in abeyance.
Corneal and pharyngeal reflexes are absent.
As a rule, the stretch or tendon reflexes cannot be elicited,
i.e. tapping the tendons of the biceps, triceps and
pronator muscles, quadriceps and gastrocnemius
muscles with the reflex hammer elicits no contraction of
the respective muscles.
Plantar or noxious stimulation gives no response.
Flat electro-encephalogram
Of great confirmatory value is the flat or iso-electric E.E.G.
assuming that the electrodes have been properly
applied, that the apparatus is functioning normally, and
that the personnel in charge are competent.
Note: All of these tests shall be repeated at least 24
hours later with no change. It is emphasized that the
patient be declared dead before any effort is made to
take him off the respirator, if he is then on respirator.
In 1969, the Ad Hoc Committee of Human Transplantation
convened under the auspices of the Institute of Forensic
Sciences, Duquesne University School of Law adopted the
proposed criteriafor the determinationof death otherwise
known as
Philadelphia Protocol, and the following were considered:
 FROGLETS NOTES
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a. Lack of responsiveness to internal and external A. KINDS OF DEATH

environment; 1. SOMATIC DEATH OR CLINICAL DEATH
b. Absence of spontaneous breathing movements for 3 state of the body in which there is complete, persistent and
minutes, in the absence of hypocarbia and while breathing continuous cessation of the vital functions of the brain,
room air. heart and lungs which maintain life and death;
No muscular movements with generalized hardly impossible to determine the exact time of death;
flaccidity and no evidence of postural activity or shivering; immediately after death,
the face and lips become pale
d. Reflexes and response: the muscles become flaccid
d.1. Pupils fixed and dilated, non-reactive to strong the sphincters are relax
stimuli; the lower jaw tends to drop
d.2. Corneal reflexes absent; the eyelids remain open
d.3. Supra-orbital or other pressure pupils dilate
response absent (both pain response skin loses its elasticity
and decerebrate posturing); body fluids tend to gravitate to the most
d.4. Absence of snucking or snouting dependent portions of the body
response; body heat gradually assumes the temperature of
d.5. No reflex response to upper airway the surroundings
stimulation;
d.6. No reflex response to lower airway MOLECULAR OR CELLULAR DEATH
stimulation; After cessation of the vital functions, there is still animal life
d.7. No ocular response to ice water among individual cells.
stimulation of the inner ear; About 3-6 hours later, there is death of individual cells known
d.8. No deep tendon reflexes; as molecular or cellular death
d.9. No superficial reflexes; Exact occurrence cannot be definitely determined due to
d.10. No plantar responses. several factors

Falling arterial pressure without support by drugs or other
means.
Iso-electric electro-encephalogram (in the absence of
hypothermia, anesthetic agents and drugs intoxication)
recorded spontaneously and during auditory and tactile
stimulation.
APPARENT DEATH OR STATE OF SUSPENDED ANIMATION
This condition is not really death but merely a transient loss of
the vital functions of the body on account of disease,
external stimulus or other forms of influence.
It may arise especially hysteria, uremia, catalepsy and electric
shock

It is further laid down that these criteria shall have been B. SIGNS OF DEATH
present for at least 2 hours and that death should be
certified by two physicians other than the physician of a 1. CESSATION OF HEART ACTION AND CIRCULATION
potential organ recipient. There must be continuous cessation of the heart action and
the flow of blood in the whole vascular system
Other Set of criteria to Establish Brain Death:
Mohandas and Chou (1971) standards of Brain Death Methods of Detecting the Cessation of Heart Action and
accepted at the University of Minnesota Science Circulation
Center. a. Examination of the Heart
a.1. Palpation of the Pulse- may be made at the
The Ottawa General Hospital (1970) - region of the wrist or at the neck
guidelines for the criteria of cerebral death. a.2. Auscultation for the heart sound at the
precordial Area - the rhythmic contraction and
In France (1968) - the Council of Ministers published a relaxation of the heart is audible through the
decree which adopted the official definition of death on stethoscope. Heart sound can be audible
recommendation of the French Academy of Medicine. during life even without the aid of a stethoscope by
placing the ear at the precordial area
Note: The use of the criteria of brain death may only be
applied to those persons who are potential organ donors.

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 FROGLETS NOTES
Difficulties in Auscultation may be encountered in:
Stout person
Fatty degeneration of the heart.
Pericardial effusion.
a.3. Flouroscopic Examination- will reveal
the shadow of the heart in its rhythmic contraction and
relaxation. The shadow may be enlarged and the
excursion made less visible due to
pericardial effusion.
a.4. By the Use of Electrocardiograph
This is the best method of determining
action but quite impractical
b. Examination of the Peripheral Circulation:
b.1. Magnus Test:
A ligature is applied around the base of a finger with
moderate tightness.
In a living person there appears a bloodless zone at the
site of the application of the ligature and a livid area
distal to the ligature.
If the ligature is applied to the finger of a dead man,
there is no such change in color.
b.2. Opening of Small Artery:
Living: the blood escapes in jerk and at a distance.
Dead: the blood vessel is white and there is no jerking
escape of blood but may only ooze towards the
nearby skin.
When bigger arteries are cut, blood may flow without
pressure continuously.
b.3. Icard's Test
This consists of the injection of a solution of
fluorescein subcutaneously.
If circulation is still present, the dye will spread all over
the body and the whole skin will have a gleenish-
yellow discoloration due to flourescein.
This test should be applied only with the use of the
daylight as the color is difficult to be appreciated
with the use of artificial light.
b.4. Pressure on the Fingernails:
lf pressure is applied on the fingernails
intermittently, there will be a zone of paleness at
the site of the application of pressure which become livid
on release.
There will be no such change of color if the test is
applied to a dead man.
b.5. Diaphanous Test
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The fingers are spread wide and the finger webs are
viewed through a strong light.
Living: the finger webs appear red
Dead: yellow
b.6. Application of Heat on the Shin
If heated material is applied on the skin
Living: blister formation, congestion, and other vital
reactions of the injured area will be observed.
Dead: will not produce true blister, no sign
of congestion, or other vital reactions.
heart b.7. Palpation of the Radial Pulse With Fingers
Living: will feel the rhythmic pulsation of the vessel due to
the flow of blood.
Dead: No such pulsation will be observed
b.8. Dropping of Melted Wax
Melted sealing wax is dropped on the breast of a person.
Dead: there will be no inflammatory edema
at the neighborhood of the dropped
melted wax.
2. CESSATION OF RESPIRATION
must be continuous and persistent.
In the following conditions there may be suspension of
respiration without death ensuing:
a. In a purely voluntary act, as in divers, swimmers, etc. but
it cannot be longer than two minutes;
b. In some peculiar condition of respiration, like Cheyne-
Stokes respiration, but the apneic interval cannot be longer
than fifteen to twenty seconds; c. In cases of apparent
drowning;
d. Newly-born infants may not breathe for a time after birth
and may commence only after stimulation or
spontaneously later.
INTERNAL HYPOSTASIS IN VISCERAL
ORGANS Post-mortem lividity occurs in
internal organs.
Post Mortem Lividity Simple Congestion
Staining in organs is Generally uniform and
irregular and occurs in most found all over the body.
dependent parts.
Dull and lustreless mucous Not so.
membrane
Imflammatory exudates is Not seen in simple
not seen, areas of redness congestion.
alternating with pale areas
found in a hollow viscus.
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3. Liquefaction of the Soft Tissues

Post Mortem Haemorrhage of Phosphorus

Lividity scurvy poisoning Factors Modifying the Rate of Putrefaction
Presence can be Presence can be
revealed in history. revealed in Internal Factors
history. Age
Skin lesion Skin lesion present Skin lesion Condition of the Body
appears after before death present before Cause of Death
death. death
Present in the May be found all May be found all External Factors
most dependent over the skin and over the skin and Free Air
portions of the organs. organs. Earth
body. Water
Clothings

FACTORS INFLUENCING THE CHANGES IN THE

CHANGES IN THE BLOOD:
BODY AFTER BURIAL
Hydrogen Ion Concentration
State of the Body before Death: An emaciated person
Rise of non-protein nitrogen and free amino-acid
at the time of death will decompose slower than a well-
Chemical: Chloride in the plasma, Magnesium as a result
nourished individual. Skinny persons have more tendency
of diffusion, Potassium increases owing to diffusion.
to decompose.

Time elapsed between death and burial

AUTOLYTIC OR AUTODIGESTIVE CHANGES
AFTER DEATH
After Death, proteolytic, glycolytic and lipolytic ferments of
glandular tissues continue to act which lead to the
autodigestion of organs. This action is facilitated by weak
acid and higher temperature and delayed by the alkaline
reaction of the tissues of the body and low temperature.
Their early appearance is observed in the parenchyatous
and glandular tissues.
PUTREFACTION OF THE BODY
Putrefaction is the breaking down of the complex
proteins into simpler components associated with the
evolution of foul smelling gasses and accompanied by
the change of color of the body.
Tissue changes in Putrefaction:
Changes in the color of the tissue
Evolution of Gasses in the tissues
Effects of the Pressure of Gasses of Putrefaction
Displacement of Blood, Bloating of the Body, Fluid Coming
out of both nostrils and mouth, Extrusion of the Fetus in a
gravid uters, floating of the body.
and environment of the body.
Effect of Coffin: the use of a coffin will
delay decomposition if it is airtight and hard.
Clothing and Any other Coverings on the Body
when buried: Clothings retard decomposition because it
affords protection from insects and aids adipocere
formation.
Depth at which Body is buried: the greater the depth
the body is buried the better the preservation.
Condition and type of soil: Dry, arid and sandy
soil promotes mummification.
Inclusion of something in the Grave which will
hasten Decomposition
Access of Air to the Body after Burial: Air may hasten
evaporation of the body fluid and promotes mummification.
Mass Grave: There is relatively rapid decomposition of
the bodies
Trauma on the Body:
CHRONOLOGICAL SEQUENCE OF
THE PUTREFACTIVE CHANGES
OCCURING IN TEMPERATE REGIONS

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Greenish Discoloration over the iliac fosae.
Eyeballs are soft and yielding.
Greenish discoloration spreading over the
while abdomen, external genitals and other
parts of the body. Frothy blood from the moth
and nostrils.
Abdomen distended with gas. Cornea fallen
in and concave. Purplish red streaks of veins
prominent on the extremities. Sphincters
relaxed. Nails firm.
Body greenish-brown. Blisters forming all
over the body. Skin peels off. Features
unrecognizable. Scrotum distended. Body
swollen up owing to distention. Maggots
found on the body. Nails and hair loose and
easily detached.
Soft parts changes into a thick, semi-fluid
black mass
CHRONOLOGICAL SEQUENCE OF THE
PUTREFACTIVE CHANGES OCCURING IN
TROPICAL REGIONS
Rigor mortis present all over. Hypostasis well
developed and fixed. Greenish discoloration
showing over the castum.
Rigor mortis absent all over. Green
discoloration over whole abdomen and
spreading to chest. Abdomen distended with
gasses.
Ova of flies seen. Trunk bloated. Face
discoloured. Blisters present. Moving maggots
seen.
Whole body grossly swollen and disfigured.
Hair and nails loose. Tissues soft and
discoloured.
Soft viscera putrefied.
Only more resistant viscera distinguishable.
Soft tissues largely gone.
Body skeletonised.
CHRONOLOGICAL SEQUENCE OF THE
PUTREFACTIVE CHANGES WHEN THE BODY
HAS BEEN SUBMERGED IN WATER
Very little change if water is cold. Rigor mortis
may persist.
The skin on the hands and feet became
sodden and bleached. The face appears
softened and has a faded white color.
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1-3 days Face swollen and red. Greenish discoloration 1 2 wks
on the eyelids, lips, neck and sternum. Skin
3-5 days of the hands and feet wrinkled. Upper surface
of brain greenish in color.
Skin wrinkled. Srotum and penis distended 4 wks
with gas. Nails and hair still intact. Lungs
8-10 days emphysematous and covered the heart.
Abdomen distended, skin of hands and feet 6 8 wks
come off with nails like a glove.
14 20
days Factors Influencing the Floating of the Body in Water
Age: Bodies of fully-developed and well-nourished
newly-born infants float rapidly.
2-5 mos Sex: Women float sooner than men.
after death
Conditions of the body: Stout persons float quicker.
Season of the Year: The moist hot air of summer is
very favourable for putrefaction.
Water: Dead body floats in a shallow and stagnant water
of creeks or pond sooner than in deep water in running
12 hrs streams.
External Influence: the presence of heavy-wearing
24 hrs apparel or addition weight in the pockets or attached to the
body delays floating.
Order of putrefaction when body is in water: Face,
48 hrs. neck and sternum; shoulders; arms; abdomen; legs.
INFLUENCE OF BACTERIA IN DECOMPOSITION
72 hrs
Decomposition is due to action of bacteria in various
tissues of the body. Aerobic activities are present in the
1 wk early stages of decomposition, later on activities of the
2 wks anaerobes are the most prominent with the production of
gasses. Softening of tissues is the result of bacterial
action, proteolytic and autolytic ferments.
1 mo.
The microorganism that plays an important role in
decomposition is Clostridium Welchii. It grows in the
parenchyatous organs and is responsible for the
disintegration of cytoplasm, destruction of nuclei and
generation of gasses in the cells.
4-5 days Other destructive agents during decomposition include flies
and maggots, reptiles, rodents, other mammals, fishes and
5-7 days crabs, and molds.
Special Modification of Putrefaction
 FROGLETS NOTES
Mummification: the dehydration of the whole body which
results in the shivering and preservation of the body.
Mummification usually happens in warm countries
where evaporation of body fluids takes place earlier
and faster than decomposition.
Kinds of mummification:
Natural: the body will become dehydrated and
mummified due to the forces of nature.
Artificial: (1) acceleration of the evaporation of the tissue
fluids of the body before actual onset of decomposition; (2)
addition of preservatives to inhibit decomposition.
Saponification or Adipocere Formation: a condition wherein
the fatty tissues of the body are transformed to soft
brownish-white substance known as adipocere.
Factors Influencing Adipocere Formation
State of Health before Death, Time interval between death
and burial, effect of a coffin, presence of clothing, type of
soil, access of air to the body after burial, mass grave.
Maceration: the softening of the tissues when in a fluid
medium in the ansence of putrefactive microorganism
which is frequently observed in the death of the fetus
en utero.
Duration of Death
Presence of Rigor Mortis: in warm countries, rigor mortis
sets in from 2-3 hrs after death. It si fully developed in
the body after 12 hrs. It may last from 18 36 hrs and its
disappearance is concomitant with the onset of
putrefaction.
Presence of Post-mortem lividity: usually develops 3-6 hrs
after death. Appears as small petechia-like red spots which
later coalesce with each other to involve bigger areas in the
most dependent portions of the body.
Onset of Decomposition: In tropical areas, decomposition
is early and the average time is 24-48hrs after death.
Stage of Decomposition: the approximate time of death
may be inferred from the degree of decomposition.
Entomology of the Cadaver: to approximate the time of
death, the presence of flies in the cadaver is sometimes
used.
Stage of digestion in the stomach: it normally takes 3-4 hrs
for the stomach to evacuate its contents after a meal. The
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approximate time of death may be deduced from the
amount of food in the stomach in relation to his last meal.
Presence of live fleas in the clothing (drowning cases): a
flea can survive for approximately 24hrs submerged in
water. Fleas recovered, usually from the clothing of the
victim, is observed if it still living to approximate the time
when said was submerged in water.
Amount of urine in the bladder: the amount of urine in the
urinary bladder may indicate the time of death when taken
into consideration, he was last seen voiding his urine.
State of the clothings: a circumstantial proof of the time of
death is the apparel of the deceased
Chemical changes in the Cerebro-Spinal Fluid
Post-mortem clotting and decoagulation of blood: blood
clots inside the blood vessels in 6-8hrs after death.
Presence or absence of soft tissues in skeletal remains:
under ordinary conditions, the soft tissues of the body
may disappear 1-2yrs after burial.
Condition of the Bones: if all the soft tissues have already
disappeared from the skeletal remains, the degree of erosion
of the epiphyseal ends of long bones, pulverization of flat
bones and diminution of weight due to the loss of animal
matter may be the basis of the approximation.
PRESUMPTION OF DEATH
Rule 131 Section 5 Rules of Court
Article 390 Civil Code
Disputable Presumption: not heard from for 7
years = DEAD
o Dead for all purposes. EXCEPT:
SUCCESSION
Absentee shall not be presumed dead for the
purpose of opening his succession till after
absence of 10 years.
o If he disappeared after 75 years old:
Absence of 5 years SUFFICIENT to
open succession.
Article 391 Civil Code
Presumed DEAD FOR ALL PURPOSES:
 FROGLETS NOTES
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Lost on board a vessel lost during sea other, shall prove the same; in the absence of proof, it is
voyage, missing airplane, not been presumed that they died at the same time and there shall
heard of for 4 years since loss of be no transmission of rights from one to the other.
vessel or airplane.
Person in armed forces who has taken part CHAPTER VII
in war, missing for 4 years SPECIAL DEATHS
Person In danger of death other
circumstances and his existence not JUDICIAL DEATH
known 4 years.
METHODS
Article 392 Civil Code
Death by Electrocution
If absentee appears or without appearing his Death by Hanging
existence is proved, he shall recover his property in Death by Musketry
the condition in which it may be found, and the price of Death by Gas Chamber
any property that may have been alienated or the
property acquired therewith; but he cannot claim either OTHER METHODS OF CAPITAL PUNISHMENT
fruits or rents.
Beheading
PRESUMPTION OF SURVIVORSHIP Crucifixion
Beating
Rule 131 Section 5(jj) Rules of Court Cutting Asunder
Precipitation from a height
When 2 persons die in same calamity, such as: Destruction by a wild beast
Flaying
Wreck Impaling
Battle Stoning
Conflagration Strangling
Smothering
Not shown who died first; there are no particular
Drowning
circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting
EUTHANASIA
from the strength and age of the sexes, according to
Mercy Killing deliberate and
the following:
painless acceleration of death of a
Both UNDER 15: Older presumed survived person usually suffering from an
Both ABOVE 60: Younger presumed incurable and distressing disease.
survived
TYPES:
One UNDER 15, Other ABOVE 60: UNDER 15
presumed survived Active Euthanasia
One OVER 15, Other UNDER 60, Passive Euthanasia
Different Sex: Male presumed
Orthothanasia
survived
Dysthanasia
Same Sex: Older

One UNDER 15, or ABOVE 60, the other

BETWEEN those ages: latter presumed Ways of Performing Euthanasia
survived
Administration of a lethal dose of poison
Article 43, Civil Code: Overdosage of sedatives, hypnotics, other
pain relieving drugs
If there is a doubt, as between 2 or more persons Injection of air into bloodstream
who are called to succeed each other, as to which of them Application of strong electric currents
died first, whoever alleges the death of one prior to the

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 FROGLETS NOTES
Failure to institute the necessary management
procedure which is essential to preserve the
life of the patient.
Ways of Performing Euthanasia
Patient himself
The physician, with or without the knowledge
and and consent of the patient
Poison was administered by the physician to the
patient without the knowledge and consent
of the patient, then it is murder. Treachery is
inherent to the act of poisoning and
treachery qualifies it to murder.
SUICIDE
Psychological Classification of Suicide
First degree deliberate, planned,
premeditated, self-murder
Second degree impulsive, unplanned,
under great provocation or mitigating
circumstances
Third degree sometimes called accidental
suicide. This occurs when a person
puts his or her life into jeopardy by
voluntary self injury
Suicide under circumstances which
suggest a lack of capacity for
intention as when the person was
psychotic or under influence and
effects of drugs and alcohol.
Self-destruction due to negligence
Justifiable suicide self- destruction action
of a person with terminal illness.
Evidence that will infer death is suicidal:
History of depression, unresolved
personal problem, mental disease
Previous attempt of self-
destruction
If committed by infliction of physical
injuries, the wounds are located
in areas accessible to the hand,
vital parts of the body and
usually solitary.
Effects of act of self-destruction
found in the body of the victim
Presence of suicide note
Suicide scene in place not
susceptible to public view
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Evidence which will rule out
homicide, murder, parricide, and
other manner of violent death.
CHAPTER VIII
DISPOSAL OF THE DEAD BODY
Persons Charged with Duty of Burial:
If married: surviving spouse if possesses means to pay the
necessary expenses.
Unmarried or child: nearest kin if they be adults and within
the Philippines and in possession of means to pay the
necessary expenses.
Unmarried or no kin left with means: municipal authorities
*Shall perform such duty within 48 hours after death, if able
to do so.
Right of Custody to body:
To the person charged with the duty of burying the body
except when inquest is required by law to determine cause
of death or cause of death is accompanied by
communicable disease, custody of which will remain to
local board of health or municipal council until buried.
Right of custody means possession, the holding of a thing
or the enjoyment of a right. Enjoyment of a thing could
either be in the concept of ownership or holder of a thing
while ownership belongs to another. The right of
possession of a corpse is equivalent to ownership and
unlawful interference is an actionable wrong.
Surviving spouse has the preferential right and duty to
make the arrangements but if deceased spouse left a will
stating among other things the manner his body will be
disposed, such provision will prevail over the provisions of
the Administrative Code.
Methods of Disposal of the Dead Body
Embalming
Artificial way of preserving body be injecting
formalin and perchloride of mercury or arsenic in the
common arteries and the femoral arteries.
Burial or Inhumation
Body must be buried within 48 hours after death
except when required for legal investigation or authorized
 FROGLETS NOTES
by local health authorities or when embalmed (impliedly
allowed). After 48 hours, new permit is needed. If with
communicable disease, within 12 hours after death unless
directed otherwise by local board of health.
In Philippines, body needs to be buried within 24
hours because of the climatic condition.
Death Certificate necessary before burial except in
cases of emergency. Primary duty of physician to
furnish if available. If not, local health officer,
mayor, the secretary or of a councilor. Order is
successive and exclusive.
It must be forwarded within 48 hours after death.
The person who issued the death certificate shall notify the
justice of the peace or the auxiliary justice or the mayor if
neither of the two is available if he observed any indication
of violence or crime. Permission from the provincial fiscal
or mayor is necessary if death due to violence or crime.
Burial and transfer Permits
Municipal secretaries, in the capacity of
secretaries of municipal boards of health or as clerks to
municipal councils as the case may be, shall issue burial or
transfer permits upon the presentation of the death
certificate. Copy of death certificate shall accompany
transfer permit if body will be transferred from one
municipality to another. Those bodies with dangerous
communicable disease shall not be carried from place to
place except for burial or cremation. It is the duty of the
local health authorities to cause such body to be thoroughly
disinfected before being prepared for burial. Only adult
members of the family may be permitted to attend the
burial.
Burial permit (death certificate) must be
presented before burial.
The Law Penalizes Desecration of Burial Premises
(Sec. 2695, Revised Administrative Code)
Burial Grounds Requirements (PD 856, Code of
Sanitation)
Burial Grounds Requirements the following requirements
shall be applied and enforced:
It shall be unlawful for any person to bury remains in places
other than those legally authorized in conformity with the
provisions of this Chapter.
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A burial ground shall at least be 25 meters distant from any
dwelling house and no house shall be constructed within
the same distance from any burial ground.
No burial ground shall be located within 50 meters from
either side of a river or within 50 meters from any source of
water supply.
The burial remain is subject to the following requirements:
Shipment of remains abroad shall be governed by the rules
and regulations of the Bureau of Quarantine.
The burial of remains in city or municipal burial grounds
shall not be prohibited on account of race, nationality,
religion or political persuasion.
Except when required by legal investigation or when
permitted by the local health authority, no unembalmed
remains shall remain unburied longer than 48 hours after
death.
Study Articles 305, 306, 307, 309 and 2219 of the
NCC as well as Articles 132 and 133 of the RPC.
Limitations to the Funeral Rites
a. Will of the deceased
b. Burial of the person sentenced to death must not be held
with pomp (Art. 85, RPC)
c. Restrictions as to funeral in cases of deaths due to
communicable disease
When the cause of death is a dangerous
communicable disease, the remains shall be buried within
12 hours after death. They shall not be taken to any place
of public assembly. Only the adult members of the family of
the deceased may be permitted to attend the funeral.
3. Disposal of Dead Body to the Sea
Allowed when death is not due to dangerous
communicable disease. A special permit needs to be
secured from officers authorized to issue permits.
4. Cremation
Pulverization of the body into ashes by the
application of heat. Body must first be identified and there
must be a permit for cremation.
When not granted:
 FROGLETS NOTES
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If deceased left a written direction that he will not be Persons who can grants permission to used body parts of
cremated deceased:

Identity has not yet been definitely ascertained a. Before death:

Further inquiry needed to cause of death Deceased during his lifetime

5. Use of Body for Scientific Purposes
Unclaimed remains may be used by medical
schools and scientific institutions for studies and research
subject to the rules and regulations prescribed by the
department.
Study RA 349 as amended by RA 1056 (Donations of
Human Body Parts)
Donation of Human Organs for Medical, Surgical and
Scientific purposes Any person may donate an organ or
any part of his body to a person, a physician, a scientist, a
hospital or a scientific institution upon his death for
transplant, medical, or research purposes subject to the
following requirements:
If minor, guardian with the approval of the court
or by the legitimate father or mother. Married woman can
give consent without husbands consent.
After death:
Nearest relative
Head of hospital or institution having custody in
the absence of relatives
Persons permitted to detach body parts:
License physician or surgeon
Known scientist

The donation shall be authorized in writing by the donor Medical or scientific institutions including eye
specifying the recipient, the organ or part of his body to be banks.
donated and the specific purpose for which it will be
Requirements:
utilized.

A married person may make such donation without the Must be in writing
consent of his spouse.
Specify the person/institution granted the
After the death of a person the next of kin may authorize authorization
the donation of an organ or any part of the body of the
Specify the organ/part to be detached
deceased for similar purposes in accordance with the
prescribed procedure. Signed by the grantor and 2 disinterested
persons
If the deceased has no next of kin and his remains are in
the custody of an accredited hospital, the Director of the Copy furnished to the Secretary of Health
hospital may donate an organ or any part of the body of the
deceased in accordance with the requirement prescribed in Limitation to the Authorization
this Section.
Not allowed when died with dangerous
A simple written authorization signed by the donor in the communicable disease
presence of two witnesses shall be deemed sufficient for
the donation of organs or parts of the human body required Penal Provision
in this Section, notwithstanding the provisions of the Civil
Code of the Philippines on matters of donation. A copy of Imprisonment of not less than six months nor
the written authorization shall be forwarded to the more than one year.
Secretary.
Exhumation
Any authorization granted in accordance with the
requirements of this Section is binding to the executors, The deceased buried may be raised or
administrators, and members of the family of the deceased. disinterred upon lawful order from fiscals, court and any
entity vested with authority to investigate. It must be

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 FROGLETS NOTES
identified by relatives, friends or by marks on the body.
Physician must describe the coffin, clothing and degree of
decomposition before stating the actual disease or violence
in his report. Even members of NBI are required to get
permit from the Director of Health for exhumation.
Person died with for a cause other than
dangerous communicable disease may be disinterred after
3 years of being buried or in special cases, shorter time
when in the opinion of Director of Health, the public health
will not be endangered. It will be immediately disinfected
and inclosed in a coffin, case or box.
Disinterment of remains is subject to the following
requirements:
Permission to disinter remains of persons who died of non-
dangerous communicable diseases may be granted after a
burial period of three years.
Permission to disinter remains of person who died of
dangerous communicable diseases may be granted after a
burial period of five years.
Disinterment of remains covered in paragraphs "a" and "b"
of this Section may be permitted within a shorter time than
that prescribed in special cases, subject to the approval of
the Regional Director concerned or his duly authorized
representative.
In all cases of disinterment, the remains shall be
disinfected and places in a durable and sealed container
prior to their final disposal.
Read article 308 of the NCC
If the dead body is a subject matter of criminal
investigation, it may be exhumed anytime
There must be a formal request from any of the law
enforcement agencies authorized to make investigation
addressed to any establishment authorized to perform
medico-legal investigation. Reasons could be:
Determine cause of death
Determine identity
Recover organs or tissues for further examination
for:
toxicology analysis
histopathological examination
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smears from vaginal canal and blood for alcohol
determination
d. Recover foreign bodies
Metalic fragment or whole slug for ballistic
examinations
Operative sponge, medical instrument to prove
medical negligence
If the next of kin refuses to give consent for exhumation
autopsy, a petition in court must be done.
How long can exhumation be done after interment:
Sec 92 Code of Sanitation, Disinterment Requirements:
Permission to disinter remains of persons who died of
non - dangerous communicable disease may be
granted after burial period of 3 years
If death is due to a communicable dangerous disease,
permission may be granted after a burial period
of 5 years
Shorter period may be granted in special cases,
subject to the approval of Regional Director
(Director of Health) concerned or his duly
authorized representative.
In all cases of disinterment, the remains shall be
disinfected and placed in a sealed container prior
to disposal.
According to Art 305 of the Civil Code, no human
remains shall be retained, interred, disposed of
or exhumed without the consent of: spouse,
descendants of the nearest degree, ascendants
of the nearest degree, brothers and sisters
Sec 1098 Revised Administrative Code Shipment of
remains at sea - no body or remains shall be
shipped to the US except under such conditions
as may be prescribed by the United States Public
Health Service. The outside box containing the
remains shall be plainly marked so as to show
the name, age, nationality, of the deceased
person, the cause of death, the destination and
remains.
If dead body is a subject matter of criminal
investigation, it may be exhumed anytime.
 FROGLETS NOTES
Requirements to be satisfied in exhumation:
Duration of interment as required
Exhumation permit to be provided by the Director of
Health
Compliance of sanitary requirements, such that the
body or remains, after exhumation shall
immediately be disinfected and enclosed in a
coffin or box and this box shall be placed in an
outside box which shall also be securely
fastened.
Procedure in medico - legal exhumations
There must be formal request from any law
enforcement agency to make an investigation
addressed to any person authorized to perform
medico - legal investigation. The request must
mention the name of the deceased, place and
date of interment suspicion as to the cause of
death etc. Reasons for the request are:
To determine the cause of death
Determine the identity of the deceased
Recover organs for further examination
Recover foreign bodies
If the physician found that there is justification to the
exhumation and a strong probability for the
purpose to be realized, he may set the date and
time for exhumation
A written request for exhumation must be sent to the
regional director or ministry of health stating:
Name of deceased
Place of exhumation
Date and time of exhumation
Duration of interment
Purpose of exhumation
The Ministry of Health, aside from issuing the
necessary permit, shall also infor the local health
officer to assist the physician in the exhumation to
ensure that public health will not be prejudiced.
During exhumation, the grave must be properly
identified by the person who was present when
the body was interred
During disinterment, care and diligence must be
observed to avoid destruction, deformity,
contamination or such other effects
After opening the coffin, the body must be viewed by
any or more persons who can identify the
deceased
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Actual autopsy and adoption of procedure is needed
to accomplish the purpose of exhumation
Disinfection of the body and all areas involved must
be carried out with the assistance of the local
health officer and return of the body to the burial
place
Included in the Exhumation Report:
The name of the deceased person and circumstances
Purpose of exhumation
Name address and designation of the requesting party
Date, time place of exhumation
Description of the burial place
Name and address of the persons who identified the
burial place
Condition of the body and coffin if there is interment
Name and address of the persons who identified the
body of the deceased
The post-mortem examination and accomplishment of
the purpose of exhumation
Conclusions based on the findings and result of
examination
Remarks if any
Signature and designation of physician
Problems in Exhumation:
identity of the deceased - often in disaster victims
refusal of the next-of-kin to give consent or to
cooperate in the exhumation-autopsy - often
when the next-of-kin is involved in the
investigation
Remedy: petition in court for an order to exhume body
CHAPTER IX
MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES
Physical injury is the effect of some stimulus on the
body
Effect is apparent: stimulus applied is insufficient to
cause injury and body resistance is great
Effect is real: effect is visible
Effect of application of stimulus: Immediate (sharp
object causing stab wound); Delayed (blunt
object causing contusion)
 FROGLETS NOTES
Causes of Physical injuries:
Physical violence
Heat or cold
Electrical energy
Chemical energy
Radiation by radio-active substances
Change of atmospheric pressure (barotrauma)
Infection
A. PI by Physical Violence
Effect is the production of wound.
Wound is the solution of the natural continuity of any tissue
of the living body. It is the disruption of the anatomic
integrity of tissue in the body.
Effect of physical violence may not always result to
production of wound but wound is always an effect of
physical violence.
Physics of wound production:
Wound is kinetic energy times time times area
times other factors
Kinetic energy: mass X velocity (squared) divided by
2. Velocity component is the important factor.
Time: shorter period used for transfer of energy,
greater likelihood of producing damage.
Area of transfer: The larger the area of contract
between the force applied on the body the lesser
is the damage to the body.
Other factors: the less elastic and plastic the tissue,
the greater the likelihood that a laceration will
result. Elasticity and plasticity refer to the ability
of a tissue to return to its normal size and shape
after being deformed by pressure.
Vital Reaction: sum total of all reactions of tissue or organ
to trauma.
Ff are common reactions of a living tissue to trauma:
rubor - redness or congestion of the area due to an
increase of blood supply as a part of reparative
machine
calor - sensation of heat or increase in temperature
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dolor - pain on account of involvement of sensory
nerve
loss of function - on account of trauma, tissue may not
be able to function normally
Vital reaction differentiates an ante-mortem from post-
mortem injury
In the ff instances, vital reactions or changes may not be
observes even if injury was inflicted during life:
If PI were inflicted during agonal state of a living
person - body cells during that period may not
have the potential capacity to react to trauma
If death is so sudden as not to give the tissues in the
body the chance to react properly e.g. deaths
due to sudden coronary occlusion
Classification of wounds:
As to severity:
Mortal wound - capable of causing death
immediately after infliction or shortly
thereafter
Parts of body where wound is inflicted
considered mortal:
Heart and big blood vessel
Brain and upper portion of spinal
cord
Lungs
Stomach, liver, spleen and
intestine
Non - mortal wound - not capable of causing
death immediately
Kind of instrument used:
blunt instrument (contusion, hematoma,
lacerated wound)
sharp instrument: sharp-edged instrument
(incised wound) sharp-pointed (puncture
wound) sharp - edged and sharp - pointed
(stab wound)
tearing force (lacerated wound)
change of atmospheric pressure (barotrauma)
heat or cold (frostbite, burns or scald)
chemical explosion (gunshot or shrapnel wound)
As to manner of infliction:
 FROGLETS NOTES
hit - means of bolo, blunt, instrument, axe
thrust or stab - bayonet, dagger
gunpowder explosion - projectile or shrapnel wound
sliding or rubbing or abrasion
Depth of wound:
superficial - only layers of skin
deep - inner structure beyond layers of skin
penetrating - wounding agent enters
the body but did not come out or mere piercing of solid
organ or tissue or body Penetrating wound - wound where
dimension of depth and
direction is an important factor in its description. It involves
the skin or mucous surface and the deeper underlying
tissues or organs caused directly by the wounding
instrument. Example: punctured, stab, gunshot wounds.
Perforating - wounding agent produces
communication between the inner and
outer portion of the hollow organs.
Traversing pr piercing completely a
particular part of body
Relation of site of application of force and location of
injury:
coup injury - physical injury which is located at
the site of application of force
contre - coup injury - physical injury found
opposite the site of application of force
coup contre - coup injury - physical injury located
at site and also opposite the site of
application of force (fixed head is hit with
moving object then falls on another hard
object)
locus minoris Resistencia - PI located not at the
side or opposite the site of application of
force but in some areas offering the least
resistance to the force applied. Blow on
forehead may cause contusion at region of
eyeball because of fracture on the
papyraceous bone forming roof of orbit.
Extensive injury - PI involving greater area of
body beyond site of application of force - not
only wide are of injury but various types of
injury. (fall from height or run-over of victim
in vehicular accident)
*stationary head is hit by moving
object, contusion is with the site of impact.; when moving
head hits a firm fixed and hard object, Brain contusion may
develop at opposite side of impact.
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Special types of wounds:
Defense wound - result of persons instinctive
reaction of self - protection; injuries suffered by a person to
avoid or repel potential injury from aggressor (injury on
flexed forearms when about to be hit by blunt object;
incised or stab wound on palm when about to be stabbed
by another)
Patterned wound - Wound in the nature and
shape of an object or instrument and which infers the
object or instrument causing it.
Ex. Impact of the face on the radiator grill of a car
may cause imprint of the radiator grill on the face.
c. Self-Inflicted Wound - Self inflicted wound is a
wound produced on oneself. As distinguished from suicide,
the person has no intention to end his life.
Motive of Producing Self-Inflicted Wounds:
To create or deliberately magnify an existing
injury of disease for pension or workmans
compensation;
To escape certain obligations or punishment.
During war time soldiers may cut their
fingers to avoid frontline assignments and
prisoners may inflict physical injuries on
their body to avoid hard labor and just be
confined in a hospital to receive food and
rest.
To create a new identity or destroy the existing
one. Fingerprints may be destroyed by
acid, by cutting or burning.
To gain attention or sympathy.
Psychotic behavior
Some Ways of Self-Mutilation:
Head banging or bumping - this is commonly
observed in overactive children and causes
hematoma.
Exposure of parts of the body to heat radiation
from open fires, radiators, or protective
grills over radiator thermophilia.
Penetrating nail or spike to the chest wall or
insertion into the urinary bladder in a
female.
Castration by amputation of the penis.
Trauma inflicted on the female genitalia to induce
abortion or promotes hemorrhage and
creates an anemia.
 FROGLETS NOTES
Subcutaneous injection of fecal matters to
promote abscess formation.
Pricking of acne eruption to lead to a severe
facial disfigurement.
Subcutaneous injection of air to create a
condition of emphysema.
Nail-biting (onychophagia) which may lead to
maceration of the skin and an infection.
Grinding of the teeth (bruxism) is frequently seen
in the mentally retarded and can lead to
abnormal tooth wear, a bilateral
hypertrophy of the masseter and a pain on
chewing.
Pressure on the subcutaneous tissue by a tightly
applied cord or belt around the body:
Tribal customs of metal band around
the neck or a leg by some African
tribes may cause a permanent
disfigurement.
Use of shoes made of metal by chinese
women.
Pulling of the body hair (Trichotillomania)
(Forensic Medicine a Study in Trauma &
Environment Hazards by Tedeschi, Eckert &Tedeschi, Vol,
1, p.496)
Legal Classification of Physical Injuries:
Mutilation: Art.
262, Revised Penal Code
Kinds of Mutilation Punishable Under the Code:
Intentionally depriving a person, totally or partially
of some of the essential organs for
reproduction, and
Intentionally depriving a person of any part or
parts of the human body other than the
organs for reproduction.
Mutilation is the act of looping or cutting off any part or
parts of the living body. In order to be punishable under the
Code, it must be intentional, otherwise it will be considered
as a physical injury.
Mayhem is the unlawful and violent
and deprival of another of the use of a
part of the body so as to render him less
able in fighting, either to defend himself
or to annoy his adversary. Mutilation of
other parts of the body other than the
organ of reproduction may be classified
as mayhem.
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However, if it is not deliberate then it
may fall on paragraph 2, Art. 263,
Revised Penal Code (Serious Physical
Injuries).
Is vasectomy and tubal ligation within the
purview of mutilation as defined and
penalized by Art. 262 of the
Revised Penal Code?
The Secretary of Justice rendered an opinion that
vasectomy and tubal litigation are not mutilation and a
legitimate method of contraception despite the fact that it is
done intentionally and deprives a person of his power of
reproduction. Because: these two methods of
surgical sterilization are affected by the closing of a pair
of tubes in either man or the woman so that the sperm and
ovum cannot meet; it does not involve the removal of
reproductive glands or organs as in the case of castration,
with which it is sometimes confused.
Serious Physical Injuries:
Art. 263, Revised Penal Code:
The Crime of serious physical injuries my be due
to:
Wounding;
Beating;
Assaulting (Art. 263); or
Administering injurious substances (Art. 264)
without the intent to kill.
It may be committed through a simple negligence
or imprudence
The main purpose of dividing the provision into four
paragraphs is to graduate the penalties depending upon
the nature and character of the wound inflicted and their
consequences on the person of the victim.
In paragraph one, the injured person became insane,
imbecile, impotent, or blind.
Insanity has not been defined or qualified by the
Article.
Imbecility infers that the injured person must be
of the preadolescent age and that on account of the
physical injuries inflicted there is an arrest of mental
development.
Impotency is the inability to grant to the partner
sexual gratification.
 FROGLETS NOTES
Blindness must be total or involvement of both
eyes. If only one eye became blind, then the physical injury
will fall in paragraph 2 of Article 263.
In paragraph two, the following nature and character of the
wound or consequences of the injuries inflicted must be
present:
Loss of the use of speech or the power to hear or
to smell, or loss of an eye, a hand, a foot, an
arm, or a leg;
Loss of the use of any such member; or
Becomes incapacitated for the work in which he
was therefore habitually engaged.
There must be total loss of hearing capacity. If
the loss of power to hear is only in one ear, it is a serious
physical injury under paragraph 3, article 263 (People v.
Hernandez, 94 Phil. 49)
Insofar as loss of a hand is concerned, the
prosecution must prove by clear and conclusive evidence
that the offended party cannot actually make use of his
hand and that such impairment is permanent (People V.
Reli. C.A. 53 O.G. 5695).
In paragraph 3, the following injuries of their
consequences are included:
Deformity;
Loss of any other member of his body;
Loss the use thereof; or
Becomes ill or incapacitated for the performance
of the work in which he was habitually
engaged for more than 90 days, as a
consequence of the physical injuries
inflicted.
Deformity is a condition of physical ugliness. It
must be a permanent and conspicuous. The loss of the
front teeth, the development of a pigmented scar on the
face, or the loss of the pinna of the ear is considered
deformities. However, the development of a scar in covered
parts of the body may not be considered deformity because
it is not a conspicuous and visible.
The loss of any other part of his body
means loss of the parts of the body not mentioned in
paragraph 2, Art. 263.
Incapacity means the inability of the injured
person to perform, or engage on a work or vocation before
he sustained injury.
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In paragraph four, the injured person becomes ill
or incapacitated for labor for more than thirty days and
impliedly less than 90 days.
It is noteworthy to mention that in paragraph 3
and 4 of article 263 there is no mention of periods of
medical attendance but merely incapacity.
Administering Injurious Substances or Beverages:
Art. 264, Revised Penal Code:
Elements of the Crime:
The offender inflicted upon another person or any
serious physical injury.
The infliction of physical injury was done knowing that
the substance or the beverage administered is
injurious or took advantage of the victims
weakness or credulity; and
There was no intent to kill on the part of the
offender.
If the offender does not know that the substance
administered is injurious, he cannot be held liable under
the above provision.
The throwing of acid on the face of someone
does not fall within the provision because what the
provision contemplates is administering or taking in the
injurious substance or beverages (U.S. Chiong Songco, 18
Phil 459).
The provision does not contemplate of sight or
less serious physical injuries are the consequence of
injurious substances of beverages, but results only in
serious physical injuries.
If the administration of injuries substances or
beverages is intentional, the crime committed is frustrated
murder. Treachery is inherent when injurious substances or
beverages are introduced into the body.
Less Serious Physical Injuries:
Art. 265, Revised Penal Code:
The basis to determine whether the physical
injury is less serious or not is by either the period of
medical attendance or period of incapacity; both of which is
ten days or more but not more than thirty days.
The fact that the injury only requires medical
attendance for two days but incapacitated the victim from
attending to his ordinary work for a period of 29 days
 FROGLETS NOTES
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makes the crime less serious physical injuries (U.S. v. The stab wound is
Trinidad, 4 Phil. 152). accessible to the hand
of the victim
There must be proof as to the period of medical The hand of the victim is
attendance. In the absence of such proof of medical smeared with blood
attendance or incapacity, although the wound actually The wounding weapon
healed in more than 30 days, the crime committed is only is firmly grasped by the
slight physical injuries (People v. Penesa, 81 Phil. 398) hand of the victim
(cadaveric spasm)
The Crime of less serious physical injuries may
If stabbing is
be qualified and a fine or a higher penalty imposed when:
accompanied with
There is a manifest intent to insult or offend the slashing movement, the
injured person; wound tailing abrasion is
There are circumstances adding ignominy to the seen towards the hand
offense; inflicting the injury
The victim is the offenders parents, ascendants, A suicide note may be
guardian, curators or teachers; or present
The victim is a person of rank or person in There is the presence of
authority, provided that the crime is not a motive for self-
direct assault. destruction
No disturbance in the
death scene, wounding
(pp.252-268) instrument is found near
the victim
In the Description of a Stab Wound, the following must
be included:
b. Homicidal stabbing with homicidal intent is the
Length of the skin defect most common
Condition of the extremities
Condition of the edges Characteristics:
Linear direction of the surface wound
Location of the stab wound Injuries other than stab wound may be present
Direction of penetration Stab wound located in any part of the body
Depth of the penetration Usually more than one stab wound
Tissue and organs involved There is a motive
If without motive offender is insane or
under the influence of drugs
Stab Wound(s) may be Suicidal, Homicidal or Accidental: There is a disturbance in the crime scene

Suicidal Evidences showing that the stab wound is

suicidal: Medical evidences showing intent of the offender to kill
Located over vital parts of the the victim:
body
It is usually solitary. If More than one stab wounds
multiple, located on one Located on different parts of the body or on
part of the body parts where vital organs are located
If located on covered parts of Deep
the body, the clothing is Stab wound with serrated or zigzag borders
not involved Irregular or stellate shape skin defects

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 FROGLETS NOTES
Different measurement of the stab wounds may be
produced by one weapon if it is tapering towards
the sharp point
Withdrawal of the instrument not on the same
direction as when it was introduced may
increases length of the skin defect
Three-cornered file when used as a stabbing weapon-
three-cornered skin defect
The most common immediate cause of death-
hemorrhage
Accidental stab wounds are rare
Punctured Wound
A result of a thrust of a sharp pointed instrument
External injury small but depth is to a certain degree
Produced by: icepick, needle, nail, spear, pointed
stick, thorn, fang of animal, hook
External hemorrhage is limited but internal injuries
may be severe
Direct involvement of blood vessels and bloody
organs may cause fatal consequences
Site of external wound can be easily sealed
Punctured would is usually accidental but in rare
instances it may be homicidal or suicidal
Characteristics:
The opening on the skin is very small and may
become unnoticeable because of clotted blood
and elasticity of the skin. The wound is much
deeper than it is wide.
External hemorrhage is limited although internally
severe
Sealing of the external opening will be favorable for
the growth of anaerobic microorganism
Medical Evidences that tend to show it is homicidal:
It is multiple and usually located on different
parts of the body
Deep
Defense wounds on the victim
Disturbance of the crime scene- sign of
struggle
Proof to show it is suicidal:
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Located where vital organs are located
Usually singular but may be multiple but located in
one area
Parts of the body involved is accessible to the hand of
the victim
Clothing is usually not involved
Wounding is made while the victim is sitting or
standing. There is bleeding towards the lower
part of the body
No disturbance of the crime scene
Presence of suicide note
Wounding instrument found near the body
Punctured would with puncturing instrument loaded
with poison:
Poison dart- cyanide or nicotine
Fish spines
Dog bites with hydrophobia virus
Injection of air and poison as a way of
euthanasia
Lacerated Wound (Tear, Rupture, Stretch, Putok)
A tear of the skin and the underlying tissues due to
forcible contact with a blunt instrument
Produced by: wood, iron bar, fist blow, stone, butt of
firearm, others without sharp objects
Force applied to tissue is greater than its cohesive
force and elasticity
The tissue tears and laceration is produced
Characteristics:
Shape and size of the injury do not correspond to the
wounding instrument
Tear on the skin is rugged with extremities irregular
and ill-defined
Injury developed is at the site where the blunt force is
applied
Borders of the wound are contused and swollen
Usually on areas where the bone is superficially
located, like scalp, malar region on the face, front
part of the leg, dorsum of the foot
Examination shows bridging tissue joining the edges
and hair bulbs intact
Bleeding is not extensive because blood vessels are
not severed evenly
Healing process is delayed
 FROGLETS NOTES
Classification of lacerated wounds:
Splitting caused by crushing of the skin between two
hard objects
Best seen in laceration of the scalp, cut
eyebrow of boxer, laceration of the
chin of motorcyclist
Overstretching of the skin
When pressure is applied on one side
of the bone, the skin over the area
will be stretched up to a breaking
point to cause laceration and
exposure of the fractured bone
In avulsion, the edges of the remaining
tissue is that of laceration
Grinding Compression
Weight and grinding movement may
cause separation of the skin
Tearing
Produced by semi-sharp-edged
instrument which causes irregular
edges on the would
Hatchet and choppers
Lacerated wounds may involve deeper tissues like
laceration of the muscles and fracture bones
It may be homicidal or accidental but rarely suicidal
Distinction between and incised wound and a
lacerated wound:
Incised Wound Lacerated Wound
-Edges are clean cut; - Edges are roughly cut;
regular; well-defined irregular; ill-defined
-No swelling or contusions - There is swelling and
around the incised wound contusion around the
lacerated wound
-Extremities of the wound - Extremities of the wound
are sharp or may be round are ill-defined and irregular
or contused
-Examination by means of a - Examination with a
magnifying lens shows that magnifying lens shows that
the hair bulbs are cut the hair bulbs are preserved
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-Healing is faster - Healing is delayed
-Scar is linear or spindle- - Scar is irregular
shaped
-Caused by a sharp-edged - caused by a blunt
instrument instrument
Gaping of Wound:
The separation of the edges especially in deep wound
may be due to the following:
Mechanical stretching or dilatation
Presence of a mechanical device on
the edges to prevent coaptation
will cause separation
Loss of Tissue
Separation of edges of a wound may
be on account of loss of tissue
bridging them. The loss of tissue
may be due to:
Destruction by pressure,
infection, cell lysis, burning or
chemical reaction
Avulsion or physical or
mechanical stretching
resulting to separation of a
portion of the tissue
Trimming of the edges
Retraction of the Edges
Underneath the skin are dense
networks of fibrous and elastic
connective tissue fibers running
on the same direction and forming
a pattern more or less present in
all persons. This is called
cleavage direction or lines of
cleavage of the skin.
If an incised wound or stab wound was
inflicted wherein the long axis of
the wound is parallel or on the
same direction as the cleavage
line of the part of the body
involved, the wound will appear
narrow or slit-like because the
 FROGLETS NOTES
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edges of the wound will not be Pudental areas 1% 1%

subjected to the lateral pull of the
severed connective tissue fibers Total 100%
If the long axis of the wound is
perpendicular to or with an angle
with the lines of cleavage, the
tendency of the borders of the Factors responsible for the severity of wounds:
wound is to separate on account
of the retraction of the severed Hemorrhage
fibers a. Hemorrhage may influence the severity of
wound by:

Practical ways of determining how much of the skin a.1. Loss of blood incompatible with
surface is involved in an injury or disease: blood:

Skin serves as the mechanical protection of the body Blood constitutes about 1/20 of
It is punctuated with sensory nerve endings for pain, the body weight of an adult
temperature and touch By volume, an average size adult
It acts as thermo-regulator, storage of water, excretor has 5 to 6 quarts of blood
of sweat and organ for absorption A loss of 1/3 to 2/5 of the
Determination of how much skin is involved is circulating blood may result
important to determine the mode of treatment to irreversible hypovolemic
and prognosis shock and may be fatal
Significant in cases of: burns, contusion, dermal The volume of blood lost may be
manifestation of certain diseases related to the rate or space of
Burns in children and old age persons, involvement of time a certain volume of
more than 70% of the body surface- fatal blood has been shed
Estimation as to how much of the body surface Males can stand more lost of
involved, the rule of the nine is used blood than females
a.2. Hemorrhage may result in an
increase in pressure in or on the vital
Body surface expressed as percentage using the rule organs to affect the normal function:
of nine:
Intracranial hemorrhage may
Whole of head and neck 9% 9% cause compression of
the vital centers of the
Whole of one upper 9% 18% brain.
extremity Hemopericardium may cause
embarrassment of the
Whole of front chest and 18% 18% contraction of the heart.
abdomen Hemorrhage into the chest cavity
may cause diminution of the
Whole of posterior chest 18% 18% respiratory output with
and abdomen subsequent anoxia
a.3. Hemorrhage may cause
Whole of one lower 9% 18% mechanical barriers to the function of
extremity (front) organs:

Whole of one lower 9% 18% Hemorrhage into the tracheo-

extremity (back) bronchial lumina can cause
asphyxia

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Cause of Hemorrhage: b.1. Organs Involved

Trauma:
Trauma on the vital organs of the body are always
Destruction of the blood vessel serious
wall or increase permeability Crushing wounds of the heart, brain or longs are
of its wall due to external almost fatal
force
b.2. Natural Causes:
Shock
Common causes of
hemorrhage due to natural May occur with or without violence
causes: Slight blow on genitalia, slight burns in children or old
o Intra-cerebral persons, or slight violence on the head or neck
hemorrhage may cause severe shock
(apoplexy) But violent traumas to healthy, strong persons may not
o Spontaneous produce shock
subarachnoid
hemorrhage
Foreign body or substance introduced into the body:
o Rupture of
the Incision with an unsterilized scalpel may not be
arteriosclerotic serious as the bite of a venomous snake
aneurysm of the A foreign substance or body may be toxic by itself or
aorta may act as a physical irritant
o Rupture of the
esophageal varices
in cases of The foreign body or substance may be:
cirrhosis of the liver
and bleeding of Bacterial:
peptic ulcer of the
stomach and Tetanus
duodenum
o Pulmonary Pathogenic microorganism
hemorrhage
Viral:
o Ruptured ectopic
pregnancy Hydrophobia
o Spontaneous
rupture of Hepatitis
cavernous
hemangioma or Foreign body:
hepatoma
o Rupture of the Bullet
enlarged spleen
Glass fragments

Shrapnel
Size of Injury:
Gauze or rubber drain
Burns affecting 1/3 of the body surface of the third
degree type is usually fatal Chemical:
Bigger wounds are more exposed to infection and
other physical conditions of Cyanide
the surroundings

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 FROGLETS NOTES
Nicotine
e. Toxin
Snake Venom
o Characterized as two
punctured wounds at the
center of the reddened
affected area
Snake venom toxicity will depend on:
a. Potency of venom injected
b. The amount of venom depends on the season
of the year and the length of time the
snake has eaten. If a snake has just killed his
prey, the toxic content is smaller
c. Size of Patient
d. The immediate treatment instituted
Snake venoms are of two principal classes:
a. Neurotoxic - primarily paralyzes the respiratory
and cardiac center of the
brain. May cause nausea,
vomiting, ascending
paralysis, coma,
convulsion, and cardiac
and respiratory arrest.
b. Hematoxic - affects particularly the blood. The
manifestations are pain and
swelling of the affected
area, intravascular
hemolysis, abdominal pain,
nausea, vomiting, petechial
hemorrhage on the gum,
pulmonary and cardiac
edema.
Emergency treatment may be:
a. Incision of the wound to promote more
external hemorrhage to
drain the venom
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b. Tourniquette above the site of the wound
c. Placing ice on the bite site
d. Sucking the wound to drain venom
Administration of anti-snake venom serum
Scorpion Venom
Has neurotoxic, hemolytic and
hemorrhagic effect
Produces only one punctured
wound on the center of a
reddened area
Main symptoms are pain edema
and reddening
Coelenterate Sting (jellyfish)
The tentacles penetrate into
the skin and cause explosion
of the nematocyst and
liberation of the venom
Symptoms are extreme pain,
urticarial rash, abdominal
pain, dilated pupils, paleness
and labored breathing
Absence of medical or surgical intervention:
A wound may not be fatal, but because of neglect in
its management it may become serious or fatal
Fatal Effect of Wounds:
Wound may be directly fatal by reason of:
Hemorrhage
Incised wound on carotid artery without
surgical intervention is fatal
Mechanical injuries on the vital organs
Blow on the head may not necessarily
produce external lesions but may
produce severe meningeal hemorrhage
producing compression of the brain
 FROGLETS NOTES
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Shock Changes producing

separate
Disturbance of the balance of fluid in the pathological lesions
body capable of producing delayed or which in turn
immediate death proves to be fatal
Ex: Operation
performed on a
Wound may be indirectly fatal by reason of: patient to ligate
bleeding vessel
Secondary hemorrhage following sepsis inside the
abdominal cavity
On account of infection that sets in, deeper
tissues are involved with reasonable
skill and due
diligence but as a
Specific Infection result of which
peritonitis
Pathogenic microorganisms may develop developed and
and multiply in the wound causing caused death of
septicemia, bacteremia, or toxemia patient

Scarring Effect
Changes where a
Chronic gonorrheal infection may cause definite
stricture or urethra pathological
condition was
present before the
Secondary Shock injury
Ex: A person
Nature or death due to secondary shock suffering from
tumor or cyst and
A person may have recovered from the was stabbed by
immediate effects of the trauma or someone. The
violence, but may later die of its stab is not capable
secondary effects or changes of producing death
ordinarily. The
person may die of
These changes may be the pathological
classified as follows: condition and the
Changes whose natural accused is liable
sequence are for his death
direct and obvious
Ex: Septicimia,
tetanus or Changes where a
complications definite
arising from pathological
wounds condition of totally
different nature
arises after the
wounding and the

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 FROGLETS NOTES
consequential
sequence is
doubtful
Ex: Tuberculosis
meningitis that
develops following
a blow on the head
Complication of trauma or injury:
Shock
The disturbance of fluid balance resulting to
peripheral deficiency which is
manifested by the decreased volume of
blood, reduced volume of flow,
hemoconcentration and rental
deficiency
Clinically characterized by severe
depression of the nervous system
Three major factors operate in the
production of shock and all are likely to
be associated together as the condition
develops
Injury to the receptive
nervous system
Anoxemia reduction of
effective volume of
oxygen carrying
capacity of the blood
Endothelial damage, thus
increasing capillary
permeability
Kinds of Shock:
Primary Shock
Caused by immediate nerve
impulse set up at the injured
area which are conveyed to
the central nervous system
Delayed or Secondary Shock
Patient shows sign of general
collapse which develop some
time after the infliction of
injury
Hemorrhage
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The extravasation or loss of blood from the
circulation brought about by wounds in
the cardio-vascular system.
The degree and nature of hemorrhage
depends upon the size, kind and location
of the blood vessel cut.
Kinds of Hemorrhage:
Primary Hemorrhage
It is the bleeding which
occurs immediately after
the traumatic injury of
the blood vessel
Secondary Hemorrhage
This occurs not immediately
after the infliction of the
injury but sometime
thereafter on or near the
injured area
Infection:
Infection is the appearance, growth and
development of microorganisms at the site
of the injury
How injury or trauma acquires infections:
From the instrument or substance which
produces the injury
From the organs involved in the trauma
applied
As an indirect effect of the injury which
creates a local area of diminished
resistance causing the invasion and
multiplication of microorganisms
Injury may depress the general vitality,
especially among the aged and the
young children and makes the patient
succumb to terminal disease
Deliberate introduction of microorganisms at
the site of the injury
Embolism:
A condition in which foreign matters are
introduced in the blood stream causing
 FROGLETS NOTES
sudden block to the blood flow in the finer
arterioles and capillaries
The most common emboli in the
blood stream are:
Fat Embolus
Causes of Fat Embolus: o
By injection of oily
substance into the
circulation
o By injury of the
adipose tissue
which forces fat
into the circulation
Air Embolism
Causes of Air Embolism:
o Gaping incised
wound of the jugular
vein
o Injection of
soapsuds or air into
pregnant uterus for
the purpose of
tubal insuflation or
criminal abortion
o Injection of air into
the urinary bladder for
radiological study
o Insuflation of the
other non-potent tubes
or hollow organs
Healing of Wounds
o Injection of air
under pressure into
the nasal sinus following: vascularity, age of person, degree of rest or
after a therapeutic immobilization and nature of the injury.
lavage
Kinds of Healing Wounds
Healing of Wounds
Power of the human tissue to regenerate
Regeneration is the replacement of destroyed
tissue by newly formed similar tissue
The more highly specialized the tissue, the less
capacity for regeneration
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Capacity for regeneration decreases as age
increases
State of nutrition of the individual affects capacity
or regeneration
The following regenerates rapidly:
Connective tissues
Blood forming tissues
Surface epithelium of the skin
Those having no power or limited capacity to
regenerate:
Highly specialized glandular epithelium
Smooth muscle
Neurons of the central nervous system
Small clean-cut wound is covered with lymph in
36 hours
The edges adhere in two days and wound heals
on the 7th day leaving a linear scar
Larger incised wound shows swelling of the
edges 8 to 12 hours
Blood-stained serum is present in 2 days which
afterwards become seropurulent on the 3 rd
day, lasting in state from 4 to 5 days
Small red granulation forms in 12 to 15 days and
the epithelium grows from the edges
Scar develops later
The time of healing wounds is dependent on the
a. Healing by Primary (First) Intention
It takes place when there is minimal tissue loss, more
approximation of the edges and without significant
bacterial contamination. Within 24 hours after the injury,
there is an acute neutrophilic response and scab will be
formed due to dehydration of the surface clot. After
three days, microphages and fribroblasts will appear.
Collagen fibers will bridge the raw area and
differentiated surface cells begin to proliferate to cover
the exposed area. The normal state of the area may
 FROGLETS NOTES
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return after a lapse of one month with or without the cuts, hair and other foreign bodies in the scene; (c)
formation of a scar. witnesses to the incident; (d) wounding instrument;
(e) photography, sketching or accurate description of
b. Healing by Secondary Intention the scene of the crime for preservation

It take place when the injury causes more extensive

loss of cells and tissues. Inflammatory reaction is more Examination of the Wounded Body
intense and granulation tissue growth bears all the
responsibility for its closure. Production of a large scar
and greater loss of skin appendages (hair, sweat and Living Victim Dead Victim
sebaceous glands) and slower reparative process may Age of the wound from degree
occur. of healing
Weapon used
c. Aberrated Healing Process Reasons for multiplicity of
wounds
In some instances, healing process may deviate from Whether injury is accidental, suicidal
the normal way on a normal individual and may result or homicidal
to: Ante-mortem or post-
Dangerous to life of injury
Formation of Excessive Granulation Tissue or "Proud mortem wound
Flesh" - It may prevent the closing of wound and can be Permanent deformity Mortal or non-mortal wound
remedied by excision or cautery. caused by injury
Presence of disease or
Keloid Formation - It is the a large bulging tumorous Shock produced by wounds abnormal development at
scar produced by an abnormal amount of collagen in the time of wounding which
connective tissue. may accelerate death
Complications produced by Cause of wound (accident,
Stricture - It is the contraction of the fibrous tissue of the injury suicide, homicide)
scar formed.

Fistula or Sinus Formation - Fistula is a communication Examination of the Wound

between an inner cavity and the outside while sinus is a
tract of infection traversing the inner part of the body. It
may remain for a lone time unless the causal factor
(infection or foreign body) is removed.
CHAPTER X
MEDICO-LEGAL INVESTIGATION OF WOUNDS
Rules to observe by the physician in examining wounds:
ALL injuries must be described.
Description must be comprehensive with sketches or photographs
if possible.
Examination must not be influenced by other information
obtained from others in making a report or
conclusion.
Outline of Medico-Legal Investigation of Physical Injuries
General Investigation of the Surroundings: (a) place of the
commission of the crime; (b) clothing, stains,
Character - State the type of wound, characteristic
marks, presence of contusion collar, scab
formation, infection, surgical intervention, etc.
Location - Region of the body where it is situated,
distance of the wound from some fixed point in the
body prominence. Location is important in
determining trajectory or course of the wounding
weapon
Depth - It is measurable if the outer wound and inner
end is fixed. It must not be attempted in a living
subject if it will prejudice the health or life or in a
stabbed wound in the abdomen due to movability
of the abdominal wall
Condition of Area Surrounding the Wound - Presence of
burning or tattooing in gunshot wounds by near or
contact fire, hesitation cuts in suicidal incised
wound or contusion in lacerated wound
Extent - Extensive injury may show marked degree of force
applied
Direction - It is material in determining the relative position of
the victim and offender.
Number - Multiple wounds in different parts of the body are
generally indicative homicide or murder.

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 FROGLETS NOTES
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Conditions of the Locality - (a) degree of hemorrhage;

evidence of struggle; (c) position of the body; and cellular tissues not clot
presence of suicide note; (e) condition of weapon. removed by washing
Edges and cellular tissues
Edges gape owing to the are not deeply stained and
Factors in Determining Whether Wounds were Inflicted reaction of the skin and can be removed by
During Life or After Death muscle fibers washing.

Hemorrhage is more profuse when the wound was inflicted
during lifetime. If wounds are inflicted after death, the
amount of bleeding is comparatively less due to loss
of tone of blood vessels, absence of heart action and
post-mortem clotting of blood. Violence upon a living
body may not show bruise until after death.
Signs of Inflammation such as pus, adhesion of the edges
and other vital reactions may be present whenever
the wound was inflicted during lifetime although they
may be less pronounced when resistance of the
victim is markedly weakened. Post-mortem wounds
do not show any manifesting signs of vital reaction.
Signs of Repair such as fibrin formation, growth of
epithelium, scab or scar formation conclusively show
that wound was inflicted during lifetime. But absence
of such does not show wound was inflicted after
death since the tissue may not have been given
ample time to repair before death took place.
Retraction of the Edges of the Wound inflicted during life
cause gaping of the wound while in case of wound
inflicted after, edges do not gape and are closely
approximated to each other.
Distinction between Ante-Mortem and Post-Mortem
Wounds
Ante- Post-
Mortem Mortem
Wound Wound
Hemorrhage more or less Hemorrhage slight or none
copiousandgenerally
at all and always venous
arterial
Marks of spouting of blood No spouting of blood
from arteries
Deep staining of the edges Blood is not clotted or a soft
Edges do not gape but are
Inflammation and reparative closely approximated to
each other unless wound is
processes
caused within one or two
hours after death.
No inflammation or
reparative processes
Factors in Determining Whether Wound is Homicidal,
Suicidal or Accidental
Nature of the wound inflicted
Abrasions - extensive in accidental death, rare in
suicidal, not common in murder unless the
body is dragged on the ground, common in
homicide especially when victim offered some
degree of resistance.
Contusion - rare in suicide unless done by jumping
from a height, may be found in accidental death
often due to a fall or forcible contact with some
hard object.
Incised wound - common in suicide and homicide.
Accidental cuts are frequent everyday
occurrences but rarely cause of death.
External signs and position and attitude of the body when
found
Location of the weapon or manner it is held
Motive
Personal character of the deceased
Other information such as:
Signs of struggle - Its absence is more in suicide,
accident or murder. Presence of hair or portion
of skin on nails of assailant or deceased
Number and direction of wound - Multiple wounds in
concealed parts of the body are indicative of
homicide. Single wound in a position the
deceased could have been conveniently
inflicted is suicidal. In cut-throat, generally
transverse in homicide while oblique in suicide.
Nature and extent of wound - Homicidal wounds may
be caused by any wounding instrument while
suicidal wounds are due to sharp instruments.

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 FROGLETS NOTES
State of clothings - Usually no change in its condition
in suicide while it may be in disorderly position
due to struggle in homicide.
Factors in Determining Length of Time of Survival of the
Victim After Infliction of the Wound
Degree of Healing
Signs of repair appear in less than a day after
infliction of injury. By the degree of the granulation of
tissue formation and other reparative changes, the
age of the wound may be estimated.
Changes in the Body
Systemic changes such as degree of wasting,
anemia, condition of the face and bed sore formation
may provide for a basis.
Age of the Blood Stain
It may be determined from the physical color
changes of the skin although it is not reliable.
Testimony of the Witnesses
In cases where witnesses testify as to the exact
time, medical evidence as to duration of survival is
merely corroborative.
Possible Instruments Used by Assailant Inferred from
Nature of Wound
Contusion - blunt instrument
Incised wound - sharp-edged instrument inflicted by hitting
Lacerated wound - blunt instrument
Punctured wound - sharp-pointed instrument
Abrasion - body surface rubbed on rough hard surface
Gunshot wound - diameter of the wound of entrance may
approximate caliber of firearm
A physician can only state that it is possible that a certain
injury is possibly caused by a certain instrument
presented. He must be cautious in making
categorical statements.
In case of multiple offenders and there is conspiracy, it is
not necessary to determine who inflicted the fatal
blow. Where victim received multiple injuries,
determining which injury caused the death depends
on the testimony of the physician by examining which
of the wounds caused injury to some vital organs or
large vessels or led to secondary results causing
death.
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Determining which of the wounds were inflicted first
depends on relative position of the parties, trajectory
of the wound inside the body, organs involved and
degree of injury, testimony of witnesses and presence
of defense wounds.
Effect of Medical and Surgical Intervention on the Death
If death occurred after medical intervention, offender is still
liable provided (1) death is shown to be inevitable and even
without intervention, death is a normal and direct
consequence; (2) physician must be competent and
exercised care and diligence.
Minor wounds were received by victim but death resulted
on account of gross incompetence or negligence of
physician, offender is liable only for the physical injuries
inflicted.
Effect of Negligence of the Injured on the Death
Negligence of the victim in the proper care and
treatment of the injury will not exonerate the offender since
he is not bound to submit himself to medical treatment. But
if negligence is deliberate and is really the cause of death,
offender can only be held liable for physical injuries.
Power of Volitional Acts of the Victim After Receiving a
Fatal Blow
The determination of the victim's capacity to perform
volitional acts rests upon the medical witness.
Severe injury of the brain and cranial box - usually
produces unconsciousness but power to
perform volitional acts depends upon areas of
the brain involved.
Wounds of big blood vessels (carotid, jugular, even
aorta) - not prevent performance of voluntary
acts
Penetrating wound of heart - instantaneously fatal
but experience shows victim may still be
capable of locomotion
Rupture of organs - victim may still move and speak
Extrinsic Evidences in Wounds
From Wounding Weapon
Position - Near the body of the victim in suicidal and
accidental death or firmly grasped by the victim in
case of suicide
 FROGLETS NOTES
Presence of blood - In some cases, absence of blood
stains is due to the rapidity of the blow and
compression of the blood vessels or blood may be
wiped out by the clothings in the process of
withdrawal.
Presence of hair and other substance
In the Clothings of the Victim
In gunshot wounds, holes in the clothing may
determine the wound of entrance whole presence of
gunpowder at the hole indicates distance. Clean-cut
tears indicates use of sharp-edged instrument.
Severe tearing may show struggle. The degree of
soaking of the clothing with blood may depict
hemorrhage.
From Examination of the Assailant
Determination of the degree of intoxication, mental
condition, physical power, etc of the offender may be
necessary.
From the Scene of the Crime
CHAPTER XIII
GUNSHOT WOUNDS
Death or physical injuries brought about by the powder
propelled substances may be due to the following:
Firearm shot - The injury is caused by the missile
propelled by the explosion of the gunpowder in the
cartridge shell and at the rear of the missile. The
missile may be single as in the case of a pistol or
revolver or multiple shots or pellets in case of a
shotgun.
Detonation of high explosives as in grenades, bombs and
mine explosion.
Firearm Wound
Definition
An instrument used for the propulsion of a projectile
by the expansive force of gases coming from the
burning of gunpowder
Includes rifles, muskets, shotguns, revolvers, pistols,
and all other deadly weapons from which a bullet,
ball, shot, shell, or other missile may be
discharges by means of gunpowder or other
explosives. it also includes air rifles except such
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as being of small caliber and limited range are
used a toys. The barrel of any firearm shall be
considered as complete firearm for all purposes
thereof (Section 877, Revised Administrative
Code)
Penal Provisions of Law Relative to Firearm
Alarms and Scandals (Art. 155, Revised Penal Code)
The penalty of arresto menor or fine not exceeding
200 pesos shall be imposed upon:
Any person who within any town or public place shall
discharge any firearm, rocket, firecracker, or other
explosive calculated to cause alarm or danger;
xxxxxxxxxx
Discharge of Firearms (Art. 254, Revised Penal Code)
Any person who shall shoot at another with any
firearm shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the case
are such that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other crime
for which higher penalty is prescribed by any of the articles
of the Code.
Classification of Small Firearms
Small firearms are those which will propel projectile of
less than one inch in diameter.
As to Wounding Power
Low Velocity Firearm - With muzzle velocity of not
more than 1,400 feet/second (i.e. revolver)
High Power Firearm - 2,200 - 2500 feet/second (i.e.
military riffle)
As to Nature of the Bore
Smooth Bore Weapon - Inside portion of the barrel is
perfectly smooth (i.e. shotgun)
Rifled Bore Firearm - The bore of the barrel has
spiral lands and grooves which run parallel with one
another but twisted spirally from breech to muzzle
(i.e. military rifle)
As to the Manner of Firing
Pistol - Fired only by a single hand (i.e. revolver)
Rifle - Fired from shoulder (i.e. shotgun)
 FROGLETS NOTES
As to the Nature of Magazine
Cylindrical Revolving Magazine - Cartridge is in a
cylindrical magazine which rotates at the rear portion
of the barrel (i.e. revolver)
Vertical or Horizontal Magazine - Cartridge is held
one after another vertically or horizontally by a spring
side to side or end to end (i.e. pistol)
Types of Small Firearms of Medico-Legal Interest
Revolver - It has a cylindrical magazine at the rear of
the barrel capable of revolving motion and can
accommodate of five or six cartridges housed in
separate chamber. It has muzzle velocity of 600
feet/second.
Automatic Pistol - More appropriately called "self-
loading firearm". Empty shell is ejected when the
cartridge is fired and a new one is slipped into the
breech automatically. It has muzzle velocity of
1,200 feet/second.
Rifle - It has a long barrel and butt and is fired from a
shoulder. A military riffle has a magazine and volt
action. It has a muzzle velocity of 2,500
feet/second and a range of 3,000 feet. A miniature
riffle is a single self-loading weapon.
(pp.336-352)
Fragmentation of Hard Brittle Object in the Trajectory:
Bone involvement along the trajectory may cause
comminuted fracture and each bone fragment may cause
additional damage on the surrounding tissues and even
in the wound of exit.
Muzzle Blast in Contact Fire:
When gun muzzle is pressed on the skin when fired, all
of the products of combustion primarily the muzzle blast
will penetrate the tissues causing severe mechanical
destruction on account of pressure. The explosive effect
will cause extensive laceration of soft tissues and fracture
of bones.
Other Consequential Effects on the Body of the Victim :
Aside from direct involvement of vital structures of the
body, pressure to other organs and tissues, the gunshot
wound may be the source of hemorrhage, infection,
paralysis, shock, loss of functioning etc. which may
cause disability or death on the victim.
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Gunshot Wound of Entrance (Entrance
Defect, Inshoot):
The appearance of the gunshot wound of entrance
depends upon the following:
Caliber of the Wounding Weapon:
Excluding other factors which may influence the size
of the wound of entrance, the higher the caliber of the
wounding bullet the greater will be the size of the
wound of entrance.
Characteristics Inherent to the Wound of Entrance: The
wound of entrance, as a general rule, is oval or
circular with inverted edges, except in near shot or in
gazing or slap wound. The wound of exit is usually
larger than the wound of entrance.
Direction of the Fire:
A right angle approach of the bullet will make the
wound of entrance circular in shape, except when the
missile is deformed or the fire is in contact or near. In
cases of an acute angle of approach of the bullet, the
wound of entrance is oval in shape with the
contusion or abrasion collar widest on the side of the
acute angle of approach.
Shape and Composition of the Missile: Deformity of
the bullet modifies the shape of the wound of
entrance.
Range:
In close range fire, the injury is not only due to the
missile but also due to the pressure of the expanded
gases, flame and other solid products of combustion.
Distant fire usually produces the characteristic effect
of the bullet alone.
Kind of Weapon:
High power weapon has more destructive effect as
compared with low power one. The shape of the bullet
also plays an important role. Conical shape free end
bullets have more piercing power without marked
tissue destruction while missiles with hemispherical
free ends are more destructive.
Contact Fire:
The nature and extent of the injury is caused not only
by the force of the bullet but also by the gas of the
muzzle blast and part of the body involved. The
following factors must be taken into consideration:
 FROGLETS NOTES
The Effectiveness of the Sealing Between the Gun
Muzzle and the Shin:
If all the gaseous product of combustion is prevented
from being spilled out, there will be more destructive
effects on the tissues.
The Amount of Gas Liberated by the Combustion of
the Propellant:
The greater is the amount of gas in a confined
area, the greater will be the tissue destruction.
Nature of Bullet: Bigger caliber bullet is obviously
more destructive than smaller ones.
Part of the Body Involved: The nature, character and
extent of injury in contact fire is different
when the bone is superficially located under the skin,
and (2) when the bone is deeply located in loose or
soft parts of the body.
Pressed and Firm Contact Fire:
On Parts of the Body Where Bone is Superficial: This is
commonly observed on the head where the skull
is just underneath the scalp. The following are the
characteristics of the injuries:
The wound of entrance is large, frequently
star-shaped
Edges of the wound may be everted.
Areas in the entrance wound is blackened by
burns, tattooing and smudging.
Muzzle imprint, Barrel impression (Profile of
the muzzle) on the skin
The bullet may cause radiating fracture
Blood and tissue become pink due to carbon
monoxide.
Fragments of lead and bullet jacket may be
found.
Metal Fouling - When the bullet travels the
whole length of the tight fitting barrel, it is rotated
by the lands and grooves. Its surface is scraped
by the lands and the scraping is ejected from the
barrel and strikes the target. It may lodge on the
clothings or may cause small abrasions or
superficial lacerations on the skin around the
main wound.
h. Singeing of hair.
2. Parts of the Body Where the Bone is Deeply Located:
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a. Wound of entrance is usually large, circular and
without radiating laceration.
b. Edges are everted due to outward slapping of the skin.
c. Singeing of the hair, blackening of the wound due to
fouling, burn, and tattooing.
d. Muzzle imprint due to outward slapping of the skin and
heat.
e. Pinkish color of the deeper structures due to carbon
monoxide.
Loose Contact or Near Fire:
Entrance wound may be large circular or oval depending
upon the angle of approach of the bullet.
Abrasion collar or ring is distinct.
Smudging, burning and tattooing are prominent with
singeing of the hair.
Muzzle imprint may be seen depending upon the degree of
slapping of the skin of the gun muzzle.
There is blackening of the bullet tract to a certain depth'
Carboxyhemoglobinispresentinthewoundandsurrounding
areas.
Short Range Fire (1 to 15 cm. distance)
Medium Range Fire (more than 15 cm. but less than
60 cm)
Fired More Than 60 cm. Distance
Instances When the Size of the Wound of Entrance
Do Not Approximate the Caliber of the Firearm:
In distant fire, the rule is that the diameter of the gunshot
wound of entrance is almost the same as the caliber of the
wounding firearm, but in the following instances, the rule is
not followed:
Factors which make the wound of entrance bigger than
the caliber:
In contact or near fire
b. Deformity of the bullet which entered
c. Bullet might have entered the skin sidewise
d. Acute angular approach of the bullet -
Factors which make the wound of entrance smaller than
the caliber:
Fragmentation of the bullet before penetrating the
skin
Contraction of the elastic tissues of the
 FROGLETS NOTES
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In shotgun fire, the size of the wound of entrance is when the victim is lying on his back on a hard object
dependent upon the distance of the fire. Near fire causes or in small caliber shots the wound of exit tends to be
concentration of entry of the pellets, and as distance circular or nearly circular with abrasion at its border. It
increases the pellets disperse with individual pellets is also observed that tight-fitting clothings, waist
causing individual wounds of entry. Only in this instance band, belt collar, brassiere may also support the skin
may the wound of entrance of the same size as the gauge to enhance formation of a circular wound of exit.
of the shotgun pellets.
Distinction Between Gunshot Wound of Entrance and
Other Pieces of Evidence or Findings Used to Wound ot Exit:
Determine Entrance of Gunshot:
Entrance Wound
Examination of the clothing, if involved in the Exit Wound
course of the bullet Appears to be smaller than Always bigger than the
Examination of the internal injuries caused by the the missile owing to the missile
bullet elasticity of the tissue
Testimony of witnesses: Edges are inverted. Edges are everted
Usually oval or round It does not manifest any
Determination of the Traiectory of the Bullet Inside the depending upon the angle definite shape
Body of the Victim: of approach finite shape of
the bullet.
External Examination : "Contusion collar" or Contusion is absent
"Contact ring is present due
Shape of the Wound of Entrance to the invagination of the
Shape and Distribution of the Contusion or skin and spinning of missile
Abrasion Collar
Difference in Level Between the Entrance and Exit Tattooing or smudging may Always absent..
Wounds be present when firing is
By Probing the Wound of Entrance near
Underlying tissues are not Underlying tissues may be
Internal Examination : protruding. seen protruding from the
wound.
Actual Dissection and Tracing the Course of the
Wound at Autopsy Paraffin test may be positive Paraffin test always
Fracture of Bones and Course in Visceral Organs negative.
Location of Bone Fragments and Lead Particles
X-ray examination
The "Odd and Even Rule" in Gunshot Wounds:
Exit (Outshoot) Wound: An exit wound does not
show characteristic shape unlike the wound of
If the number of gunshot wounds of entrance and exit
entrance. It may be slit -like, stellate, irregular or even
found in the body of the victim is even the presumption is
similar to the wound of entrance. This is due to the
that no bullet is lodged in the body, but if the number of the
absence of external support beyond the skin so the
gunshot wounds of entrance and exit is odd, the
bullet tends to tear or shatter the skin while sufficient
presumption is that one or more bullets might have been
amount of kinetic energy is still in the bullet during the
lodged in the body. The rule is merely presumptive and
process of piercing the skin.
actual inspection and autopsy will verify the truth of the
Variation on the shape of the wound of exit may be
presumption. It may be possible that all of those wounds or
attributable to the deformity of the bullet in its passage
a majority of them are entrance wounds with some bullets
in the body and to the wabbling and stumbling
lodged, yet the number may still be even.
movement of the bullet during its course and
fragmentation of the missiles.
How to Determine the Number of Fires Made by the
Offender:
Shored Gunshot wound of Exit - If the place where the
gunshot wound of exit is pressed on a hard object as

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 FROGLETS NOTES
l. Determination of the Number of Spent Shells:
Determination of Entrance Wounds in the Body of the
Victim
Number of Shots Heard by Witnesses
Instances when the Number of Gunshot wounds of
Entrance is Less than the Number of Gunshot
Wounds of Exit in the Body of the Victim:
A bullet might have entered the body but split
into several fragments, each of which made a
separate exit.
One of the bullets might have entered a natural
orifice of the body, e.g. mouth, nostrils, thereby making it
not visible and then producing a wound of exit.
There might be two or more bullets which entered
the body through a common entrance and later making
individual exit wounds.
In near shot with a shotgun, the pellets might
have entered in a common wound and later
dispersed while inside the body and making
separate wounds of exit.
Instances when the Number of Gunshot wounds of
Entrance is More than the Number of Gunshot
Wounds of Exit in the Body of the Victim:
When one or more bullets are not through and through
and the bullet is lodged in the bodY.
When alt of the bullets produce through and through
wounds but one or more made an exit in the natural orifices
of the body
When different shots produced different wounds of
entrance but two or more shots produced a common
exit wound
Instances when there is No Gunshot wound of Exit
but the Bullet is Not Found in the Body of the Victim:
When the bullet is lodged in the gastro-intestinal tract
and expelled through the bowel, or lodged in the pharynx
and expelled through the mouth by coughing.
Near fire with a blank cartridge produced a wound of
entrance but no slug may be recovered.
The bullet may enter the wound of entrance and upon
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hitting the bone the course is deflected to have the wound
of entrance as the wound of exit
Determining whether the wound is Ante mortem
or postmortem:
If the wounds inflicted after death show no evidence of
profuse hemorrhage, or there are signs of vital reactions in
the tissue, then the gunshot wound is ante-mortem.
Wounds inflicted after death show no evidence of profuse
hemorrhage, no retraction of the edges, and there are no
vital reactions.
Problems confronting Forensic physician in
the identification of Gunshot Wounds:
Alteration of the Lesion Due to Natural process
Medical and Surgical Intervention
Embalming
Problem Inherent to the Injury itself
X-ray Examination The use of an X-ray is almost
indispensable in the examination of gunshot injuries. The
use of the apparatus will facilitate recovery of the lodged
bullet together with the location of its fragments
Special Consideration on Bullets:
L. Souvenir Bullet: Bullet has been lodged and has
remained in the body. Its long presence causes the
development of a dense fibrous tissue capsule around the
bullet causing no untoward effect. It may be located just
underneath the skin to be easily palpated and may cause
'inconvenience and irritation. Deep seated location may not
cause any problem to warrant its immediate removal.
Bullet Migration: Bullet that is not lodged in a place where it
was previously located. A bullet which strikes the neck may
enter the air passage, and it may be coughed out or
swallowed and recovered in the stomach or intestine.
Bullets Embolism - a special form of bullet migration when
the bullet loses its momentum u'hile inside the charnber of
the heart or inside the big blood vessels and carried by the
circulating blood to some parts of the body where it may
be lodged. It may cause sudden loss of function of the
area supplied or death if vital organs are involved.
Tandem Bullet: Two or more bullets leaving the barrel one
after another. In cases of misfire or a defect in the cartridge,
the bullet may be lodged in ihe barrel and a succeeding shot
may cause the initial and the succeeding bullet to travel in
tandem. There is a strong possibility for them to enter the
target in a common hole. This might
 FROGLETS NOTES
create doubt to the statement made by the firer that he
made only a single shot, but ballistic examination can show
as to whether the bullet travelled in tandem.
GUNSHOT WOUNDS MAY BE SUICIDAL,
HOMICIDAL OR ACCIDENTAL
Pieces of evidence that tend to show that the Gunshot(s)
wound is Suicidal:
The shot was fired in a closed or locked room' usually in
the office or bedroom.
The death weapon is almost always found near the
place where the victim was found.
The strot was fired with the muzzle of the gun in contact
with the part of the body involved or at close range. The
wound of entrance may show signs of muzzle impression,
burning, smudging and tattooing.
The location of the gunshot wound of entrance is in an
accessible part of the body to the wounding hand. It may
be at the temple, roof of the mouth, precordial or epigastric
region. A person committing suicide wilI do the act in his
most convenient way, unless he has the intention of
deceiving the investigator.
The shot is usually solitary. If the shot is made on the head
involving the brain, the shocking effect of the injury will not
make him capable of firing another shot. However, shots in
some parts of the body which may not produce immediate
death cir sudden loss of consciousness, the possibility of
additional shots is not remote
The direction of the fire is compatible with the usual
trajectory of the bullet considering the hand used and
the part of the body involved.
Personal history may reveal social, economic, business or
marital problem which the victim cannot solve. He may have
history of mental disease, depression, severe frustration or
previous attempt of self-destruction.
Examination of the hand of the victim may show
presence of gunpowder.
Entrance wound do not usually involve clothings.
victims fingerprints on butt
place where the shot took place may reveal suicide note
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13. no disturbance in the place of death
Russian Roulette:
-agreement among persons to load a revolver with live
cartridge; each member will cock and pull trigger with
muzzle directed to the temple or other vital parts; the
person who will pull trigger with live cartridge in the firing
chamber will suffer the fatal consequence -may be
considered suicidal
Evidences to show the gunshot wound is homicidal:
no point of election in he wound entrance
fire is made when victim is at some distance
defense wounds (signs of struggle)
disturbance of the surroundings
wounding firearm cannot be found at crime scene
witness testimony
Evidences to show that the wound is accidental:
usually one shot
no special area of body involved
determination of relative position of victim and assailant
witness testimony
Points to be considered and included in the report of
the physician:
complete description of wound of entrance and exit
location of the wound
direction and length of bullet tract
organs or tissues involved
location of missile, if lodges in the body
diagram and other illustration showing location of wounds
Questions that a physician is expected to answer in
court:
Could the wound be inflicted by the weapon?
At what range was it fired?
Direction of the fire
Possibility that gunshot wounds are self-inflicted
Signs of struggle
Possibility of the victim to fire or resist the attack after being
injured
Did the victim die instantaneously?
Relative position of assailant and victim
Can the Caliber of the Wounding Firearm be
determined from the size of the gunshot wound of
 FROGLETS NOTES
Summary of Legal Medicine
Book by Solis

entrance? Yes. The caliber may be inferred from the *It is not possible to determine the direction of the shot
diameter of the gunshot wound. from the direction of the sound UNLESS that flash or the
person firing the shot is seen at that time.
Determination of the Length of Survival of the Victim:
nature of wound *It is impossible to distinguish and memorise the report
organs involved from two firearm of the came caliber.
presence or absence of infection
amount of blood loss *It may be possible for a person who is accustomed to
physical condition of victim sound of firearms of different calibers to identify firearm by
the sound produced.
Capacity of the Victim to Perform Volitional Acts:
Depends upon the following: Gunshot wound may not be a near fire:
area of body involved when a device is set up to hold the firearm
vital organs involved clothings are interposed between the victim and the firearm
resistance of victim failure of examining physician to distinguish between a near
*Injuries in the brain and spinal cord which cause or far shot wound
incapacity to do voluntary acts negates the capacity. product of a near shot wound has been washed out of the
wound
Determination as to length of time a firearm had been
fired: X-ray examinations may:
Odor of the gas inside the barrel facilitate location of bullet
*mixture of gases has peculiar characteristic order reveal fragmentation and location
which is noticeable several hours afar discharge. show bone involvement
Later, the odor will disappear as gases usually reveal trajectory of bullet
evaporate or chemical transform to doorless show effects of bullet wound and other injuries
compounds
Chemical changes inside the barrel SHOTGUN WOUNDS
Evidence that may be deduced from the wound
age of wound Shotgun- shoulder-fired firearm having a barrel that is
degree of healing smooth-bored
degree of infection
Classes of shot in a shotgun shell:
Determination Whether the Wounding Weapon is an Birdshot- shot are small (0.5 inch to 0.15 diameter); use for
Automatic Pistol or Revolver: hunting fowls and small animals
Location of empty shells Buckshot- shot ranges form 0.24 to 0.33 inch in diameter;
revolver fewer in number of shots (9shots)
VS automatic pistol Single Projectile (rifled slug)- only a single or slug in a shell
in clylindrical magazine chamber after fire
driven out of weapon after shot Systems employed in the determination of the
2. Nature of spent bullet diameter of barrel of a shotgun:
revolver Gauge System - determination of number of lead balls,
VS automatic pistol each fitting of the bore totals to one pound in weight
no coating
bullet is copper jacketed Expression of the bore diameter in inches-0.410 bore
3. Nature of base of cartridge or spent shotgun is the only shotgun at present designated
shell revolver Metric system - bore in millimeters
VS automatic pistol
wider diameter than *Not standard length of barrel.
no such difference
that of cylindrical body

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e. smudging due to smoke up to 15 inches

Grade of choke: f. gunpowder tattooing up to 24 inches
Unchoke- diameter of barrel from rear to muzzle is the g. in an unchoked shotgun, to estimate the
same distance: measure the distance between the
Choke- diameter of barrel at muzzle end is smaller than farthest shot in inches and subtract one, the
rest of the barrel number obtained will give the muzzle-target
distance in yards
*The lethal range is in an area of 30 inches in diameter at
30 to 40 yards according to degree of choking. *A close shot produces more serious injuries because of
concentration on specific target and greater kinetic energy
Types of shotgun: of pellets.
As to number of barrel
Single Barrel Shotgun DETERMINATION OF THE PRESENCE OF
Double Barrel Shotgun GUNPOWDER AND PRIMER COMPONENTS
As to manner of firing and reloading:
Bolt action The importance of determining the gunpowder on the
Lever Action skin of the victim:
Pump action Determination of the distance of the gun muzzle from the
Autoloading victims body when fired
*The presence of gunpowder at or near the
wound of entrance shows that the gun muzzle when fired is
*A shotgun cartridge is usually 2-3/4 or 3 inches long and not more than 24 inches but its absence will
diameter depends on the gauge of the firearm not preclude near fire because other factors
might have intervened
Shotgun wound of entrance: Determining whether a person has fired a firearm *When a
Contact or near contact shot - not more than 6 inches person fires a gun, the powder particles
Indicators: which escape may cling on the
shape of wound dorsum of the hand
entrance wound is burned *Detection of metallic residue on the primer palm
blackening due to smoke hand may indicate that the individual was making a
gunpowder tattooing is densely located defensive movement trying to ward off the weapon
contusion of tissue
singeing of hair (less than 6 inches) *In suicide, residue may be deposited on the
disrupted deeper tissues palm of the hand used to steady the barrel at
presence of carbon monoxide along the bullet the time of discharge
tract
recovery of wad together with shot (pellets) Procedures in determining the presence of gunpowder:
Long range shot - more than 6 inches skin-muzzle distance Gross examination or examination with the use of hand
Indicators lens
2-3 feet muzzle distance-> single wound of *This examination is not conclusive because
entry other foreign particles may be mistaken for
3-4 feet distance-> serrated wound of entry gun powder or other primer components.
referred to as rat hole Microscopic examination
5-6 feet-> wad tends to produce independent Chemical tests
injury, usually an abrasion a. Laboratory test to determine firearm residues
6 feet-> shots begins to separate from *There is inference of contact or near
conglomerate shot distance of the gun muzzle to the skin when
10 feet-> produces independent wounds of entry there is burning, tattooing, smudging visible
Billiard ball ricochetted effect- tendency for one *The same test may be applied to
shot to stoke another causing changes of the shot course dorsum of hand of persons suspected to have
fired the gun

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*The test may involve the bombardment, afterwards their quantity is

determination of presence of gunpowder residues measured.
of primer components Flameless Atomic Absorption Spectroscopy (FAAS)
*Sample of hand washing is subjected to a high
Test for the presence of gunpowder residues: temperature to vaporise the metallic elements
On the skin (Dorsum of the hand or site of the wound of of the primer residue.
entrance): *This method is quick, sensitive and employs
Dermal nitrate test (Paraffin test, Diphenylamin equipment within economic means
test, Lungs test or Gonzales test) *Can determine presence of barium, antimony
*The presence of small particles and lead
containing either nitrate or nitrite will be indicated Use of Scanning Electron Microscope with a Linked X-ray
by a blue reaction of the particles upon contact Analyzer
with Lungs reagent. *Adhesive material is used to remove any residue
*Test is not conclusive as to the particles from the hand. The material
presence of gunpowder because fertilizers, then examined under the scanning electron
cosmetics, cigarettes, urine and other microscope with a linked X-ray analyzer.
nitrogenous compounds with nitrites and
nitrates will give a positive reaction *Subjection of FIREARM IDENTIFICATION
suspect is not self- Factors:
incriminatory; act purely mechanical Caliber of the weapon
On clothing's (Especially coloured ones) Fingerprints
Walkers tes (C-acid test, H-acid test) *may determine if homicidal or suicidal nature of
*A glossy photographic paper is fixed death
thoroughly in hypo solution for 20 minutes to 3. Fouling of the barrel
remove all silver salts and then washed for 45 *recently fired firearm may have a characteristic
minutes and dried. door smoke inside the barrel
*If unburned powder grains are 4. Serial number
present, it will result to production of dark red or orange-
brown spots on the prepared paper. Procedure of restoring serial number if tampered:
Test for the presence of Primer Components: Cleaning
Harrison and Gilroy Test *All oil, dirt, grease and paint should be removed
*A cotton swab moistened with 0.1 molar with gasoline, xylol and acetone 2. Polishing (Most
hydrochloric acid is used to gather antimony, important)
barium and lead. *Whole surface should be smoothly polished
*The test does not enjoy substantial utilisation in using a fine file followed by a medium to fine grade
forensic laboratory because: carborondum cloth
lacks specificity of color reaction *The area should always have the mirror-like
inadequately sensitive surface
interference of color reaction among three 3. Etching
elements themselves *For all iron or steel materials, the following
development of instability of color etching may be used
Neutron Activation Analysis (NAA) Hydrochloric acid - 80 cc
*A sample is obtained from the hands by the use Distilled water - 60 cc
of paraffin or washing the hand with dilute acid. It is then Ethyl alcohol - 50 cc
exposed to radiation from a nuclear react emitting neurons. Copper chloride - 10 grams
*The solution is swabbed until the numbers
*The test requires access to a nuclear reactor appear.
(very expensive test) 4. Ballistic examination
*Unable to detect lead *Ballistics - study of physical forces reaction on
*Principle: Barium and antimony are converted projectiles
into isotopes by means of neutron *Foreign ballistics - also known as firearm
identification; deals with examination of fired bullets

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and cartridge cases in a particular gun to the exclusion of Hand lens

all others
Three separate and distinct area of Ballistics:
Interior Ballistics - deals with what happened to the
cartridge and its bullet from the time trigger is pulled
until the bullet exits from the barrel
Exterior Ballistics - deals with what happened to the bullet
or projectile from the moment it leaves the gun barrel
to the moment of impact on the target or object
Terminal Ballistics- concerns with the effect of the bullet on
the target or until it comes to rest
Medical Ballistics- concerned with the penetration, severity
and appearance of the wound due to bullet or missile
Basic Principles Involved in Firearm Identification:
Quality of metal in the manufacture of firearm is much
harder and resistant to deformity than the quality of
metal used n the manufacture of cartridge. In the
process of contact between the part of the gun
involved and the cartridge, the surface condition of the
part of the gun can easily be impressed on the shell or
bullet.
Firearms have certain physical characteristics of certain
type of caliber which differentiate it from others.
No two firearms can be manufactured with identical surface
characteristics; referred to as individual
characteristics
Sharp pointed instrument for scraping I.D. marks
Caliper
Analytical Balance
See illustration on page 386
Types of marking on the examination through
Comparison Microscope:
Impression type Mark (Stamp Mark) the forcible
application of hard surface against the softer one
leaving an impression on the softer surface. E.g.
striking of the firing pin on the percussion cup.
Striation or serration mark produced by a harder
surface scraping, dragging, siding or slipping
cross the softer one leaving a series of
abrasions, serrations and scrapes. E.g. bullet
surface may show the rifling marks on its surface
of the barrel.
When the cartridge is fired from the firearm, the
following marks are found in the shell and from
the bullet:
Marks found in the Shell:

Instruments Use in Firearm Identification: Marks of firing pin impressions in the

Comparison Microscopes- instrument consists of two percussion cap
compound microscopes which allows comparison of Marks from the extractor marks
two objects by looking through single eyepiece. The found in front of the rim of the
individual or accidental characteristics of two objects shell
may be compared. There is an attachment for Marks from the ejector- marks found in
photographic camera to facilitate the taking of pictures the head of the shell
of the findings. Marks from breechblock: the impact of
Bullet Recovery Box- instrument for the purpose of the shell in the
recovering the test bullet and shell. It is a long bleechblock in the recoil
cylindrical container filled with cotton and an open impresses the ridges of the
shooting end. *The test shell and bullet may be used bleechblock and often gives
for comparison with the evidence bullet or shell. identification mark characteristic of
a firearm.
Other ways of recovering test bullet as used in Marks on the cylindrical surface of the
other countries: shell- mark brought about by the
1. Shot may be fired on a box with oil and magazine.
sawdust
Vertical or horizontal shot on water tank
Shot fired on a block of ice Marks found in the bullet:

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 FROGLETS NOTES
a. Number of lands and grooves-
number of grooves, depth, and
width depend upon
manufacturer of the firearm.
b. Direction of the twist of the Rifling
Marks- the direction of the spiral
lands and grooves may twist to the
right or to the lest.
Each manufacturers of firearms make certain marks which
will distinguish firearms manufacturered by them and
makes specific number of spiral grooves and direction of
the twist in the brrel of the firearm. The bullet recovered
from the ody may show those marks in the examination
and the examiner may have the presumption where the
firearm came.
In fire Arm Identification the Examiner must take into
consideration the following:
gross examination or examination with
magnifying lense:
caliber of the bullet
presence or absence of deformity or loss
part
presence of foreign elements. E.g. blood,
flesh
identity marks placed by previous
possessor.
Examination with the use of comparison
microscope: this is the comparison between
evidence shell or bullet with the test shell or
bullet
Determination of the clss characteristics:
physical characteristics of certain
caliber of firearm used by the
manufacturer:
Number of rifling
Direction and rates of rifiling
marks
Dimension of the lands and
grooves
Depth of the grooves
Style of the cannelure
Determination of individual or accidental
characteristics:
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The refling barrel is reflected in
the bullet as it passes
the through it.
Firing pin mark: when the base of
the cartridge is hit by the
firing pi, the pin produces
distinct markings which can
be reproduced by succeeding
shots.
Breechblock mark: as the bullet is
propelled forward by the
force of the expanded gas,
the casing is forcibly moved
backward against the breech
force or recoil plate.
The backward force transfers
the marking on the
breechblock to the base of
the cartridge.
Extractor mark: mark made by the
extractor on the cartridge rim
when pulled
away from the firing chamber.
Ejector mark: mark produced by
the ejector in the process of
throwing away the spent
shell.
GUNSHOT WOUNDS IN
DIFFERENT
PARTS OF THE BODY
Head and Neck
Cranium:
Close or near contact fire in the
head may produce marked
laceration of the skin, burning and
tattooing of the surrounding skin.
The skull is fractured without any
definite shape with the linear
extensions to almost all of the
bones comprising the cranial box.
Fire from distance with the
bullet having a right angle of
approach to the skull, the fracture
is oval at the outer table. There
will be radiating linear fractures
from point of entrance. The wound
exit will be clean-cut oval round
 FROGLETS NOTES
opening at the inner table with
beveled fracture at the outer table.
Grazing approach of the bullet
may produce an elongated gutter-
like depressed fracture of the
cranium. The tangential impact
of the bullet may cause it to split
and it is not uncommon to see a
fragment lodging in the brain
substance while the other ricochet
outside hitting other objects
nearby.
Brain Substance:
Usually a rugged tunnel with a
diameter larger than that of the
caliber of the bullet, with mark
ecchymosis of the surrounding
area and filled with fresh and
clotted blood. Fragments of bones
may be felt in the tunneled bullet
tract. In jury of the brain causes
sudden loss of consciousness and
incapable of voluntary movement.
Injury in the cerebral hemispheres
is as a rule not immdediately fatal
and the victim may survive the
injury, however if the bullet
courses the medulla, pons, and
other vital centers causes the
immediate death. Some victims
may live for a while but developed
epileptiform convalsions as a
sequel.
Face
May noy cause serious trouble
except that it becomes potential
avenue for infection that may
cause deformity.
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Neck
The bullet may pierce the front
portion of the neck and may
involve the cervical portion of the
spinal cord; causing instantaneous
death if the upper portion is
involved. If involve the carotid or
jugular vessel and death may be
due to profused hemorrhage.
Injury to trachea and upper
bronchi may cause asphyxia or
aspiration pneumonia.
Chest:
Chest wall: usually has an
upward course and may
involve both sides. The bullet
may strike the rib, sternum or
the body of the vertebra and
may cause deformity or
deflection of its course. When
the intercostal or mammary
vessel are injured there will
be perfused hemorrhage.
Lungs: it produces a cylindrical
tunnel much larger than the
diameter of the projectile with
the bloody
contents and ecchymotic
borders. When the
pulmonary vessel is involved,
the profuse hemorrhage is
observe that produces death
before medical intervention
can be done. If only the lungs
is involve, the profuse
hemorrhage may cause
collapse of the lungs,
displacement of the heart.
Emphysema is present when
there is marked injury to the
air sacs. The victim may not
die immediately but later may
develop aspiration
pneumonia or cerebral
embolism.
 FROGLETS NOTES
Summary of Legal Medicine
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3. Heart: wound may be the spinal cord may be due

circular or stellate with to:
subepicardial hemorrhage in a. Bullet affects the
the surrounding tissue. As a canal and the
general rule does not prevent spinal cord causing
the victim from running, either partial or
walking or to do other forms complete
of volitional acts for death is severance
not usually instantaneous. b. Injury in the body of
wound of the auricle is more other parts of the
rapidly fatal as compared vertebra and
with the would of the ventricle contusion,
on the account of thickness concussion or
of the musculature of the compression on the
latter which produces account of impact.
temporary closure of the Injury of the upper
wound. cervical spinal cord
4. Abdomen: wounds are quite may cause
frequent but not as serious immediate death
as those of the chest and because the vital
head because of its ability to nerve tracts may
surgical operation. It is be involved. Lower
limited to one or several spinal cord injury
organs. Bullet wound of the may cause motor
liver and other or sensory
parenchymatous abdominal paralysis and may
organs may cause stellate later succumb to
perforations which are hypostatic
usually larger than the caliber pneumonia,
of the bullets that causes suppuration or
them. The tunnel may other
contain fragmented tissue, complications.
fresh and clotted blood. Loss 6. Extremities: it may show the
of function, of the kidney, characteristic lesion of
pancreas, etc may lead to gunshot wounds. Usually the
fatal resuls. Bullet wounds in wound is not so serious
the stomach and other hollow except when it involves the
areas are usually small on principal blood vessels and
the account of he contractility nerves. The bony tissue may
of the walls. The wound involves the principal blood
entrance is smaller than the vessels and nerves.
exit wound. Timely surgical
intervention may prevent
untoward complications.
However, death due to CHAPTER XVII
peritonitis is not rare on the DEATH BY ASPHYXIA
account of the spilling of its
contents into abdominal
cavity. Asphyxia general term applied to all forms of
5. Spine or Spinal Cord: injury
of the spine may not involve violent death which results primarily from interference with
the spinal cord but injury of the process of respiration or the condition in which the

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 FROGLETS NOTES
supply of oxygen to the blood or to the tissues or both has
been reduced below normal level.
Types of death by Asphyxia:
Anoxic Death: associated with failure of the arterial
blood to become normally saturated with oxygen
may be due to :
High altitude
Traumatic crush asphyxia
Paralysis of the respiratory centerdue to
poisoning, injury or anesthesia, etc.
Mechanical interference with the passage of
air into or down the respiratory tract
due to:
Closure of external respiratory
ortifice
Obstruction of air passage
Respiratory abnormalities
shutting blood from the right side of the
heart to the left without passage
through the lungs
Anemic Anoxic Death: this is due to a decreased
capacity of the blood to carry oxygen. This
condition may be due severe hemorrhage,
poisoning, or low hemoglobin level in the blood.
Stagnant Anoxic Death: this is brought about by the
failure of circulation which may be due to heart
failure, shock, or arterial and venous obstruction.
Histotoxic Anoxic Death: this is due o the failure of
the circulation of the cellular oxidatives process,
although the oxygen is delivered to the tissues, it
cannot be utilized properly. Cyanide and alcohol
is common agents responsible.
Phases of Asphyxial Death:
Dyspenic Phase: symptoms due to lack of oxygen
and retention of carbon dioxide in the body
tissue. Breathing becomes rapid and deep, pulse
rate increase and rise of blood pressure.
Convulsive phase: this is due to simulation of the
cntral nervous system by carbon dioxide. The
cyanosis becomes more pronounced and yes
becomes staring and pupils are dilated. Visceral
organs shows petechial hemorrhages known as
Tardieu Spots (caused by the hemorrhage
produced by the rapture of the capillaries on
account of the increase if intra-capillaries
pressure). The victim may become unconscious
in the convulsive stage.
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Apneic Phase: is due to the paralysis of the
respiratory center of the brain. The breathing
shallow and gasping and the rate becomes
slower till death. The heart later fails.
Classification of Asphyxia:
Hanging
Strangulation:
By ligature
Manual strangulation or throattling
Special forms of strangulations:
Palmar strangulation
Garroting
Mugging or yoking
Compression of the neck with
stick
Suffocation:
Closing the mouth and nostrils by solid
object
Choking or closing of the air passage by the
obstruction of its lumen
asphyxia by submersion or drowning.
Asphyxia by pressure on the chest
Asphyxia by irrespirable gases
Asphyxia By Hanging: is a form of violent death brought
about by the suspension of the body by a ligature which
encircles the neck and the constricting force is the weight
of the body. The victim may be sitting or lying with the face
down provided that the pressure is present in front or in the
side of the neck.
Classification of asphyxia by hanging:
as to location of the ligature and knot:
typical: ligature runs from the midline
above the thyroid cartilage
symmetrically encircling the neck on
both sides to occipital region.
Atypical: the ligature is tied or noosed and
present on one side of the neck, in
front or behind the ear or on the chin.
as to amount of constricting force:
complete: body is completely suspended
and he constricting force is the whole
weight
partial: body is partially suspended as when
the victim is sitting, kneeling, reclining,
prone or in any other positions.
 FROGLETS NOTES
as symmetry:
symmetrical: the knot or noose is at the
midline of the body either at the occiput
or just below the chin.
Asymmetrical: knot or noose is not is not in
the midline but on the one side, with
the head tilted to the side opposite the
location of the noose or knot.
Mechanism of Death:
There is a ligature around the neck with a knot or
with a sliding noose and the other end is fastened to an
elevated object like peg, nail, window casing, door knob,
tree, etc..
Upon suspension of the body, the weight causes
the noose or band to tighten, producing pressure at the
region of the neck.
The pressure of the band will cause the air
passage to constrict, the larynx is pushed backwards and
its opening is closed by the contact of the anterior to the
posterior laryngeal wall producing asphyxia.
Pressure of the ligature may also cause
compression of the superior laryngeal nerve, ceratoid
arteries and jugular veins producing cerebral anoxia.
Forms of furrow that develops in the neck
depends upon the type of ligature, the number of loops
around the neck and the point of suspension.
Protrusion of the tongue depends upon how
pressure is applied around the neck. If above the larynx
and in an upward direction, the tongue will be pushed
outward and will protrude from the mouth but if the
pressure is below, the tongue is kept inside the buccal
cavity.
Ligature in Hanging
Materials used in Ligature.
The thinner the ligature and the tougher the
material, the more pronounced will the the mark
on the skin of the neck. If the material is soft and
broad the ligature impression on the neck is less
marked. The rope is commonly used as ligature
because it is easily available and strong. Other
materials includes beddings, belts, electric wire
etc.
Noose
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There may be no sliding noose at the end of the
ligature. It may be tightened after it has been
encircled around the neck and the pressure on
the air passage, blood vessels and nerves of the
neck is established when the body is suspended.
Mode of Application of the Ligature
The ligature may be placed around the neck with
a single loop or with two or more hoops. This can
be distinguished on the nature of the ligature
marks. In single loop, there is but one ligature
furrow, but if there are several, there will be
several ligature marks with an intervening
redness between the furrow. There is more
pressure in a single loop ligature on account of
concentration of force at the weight compare to
several loops.
Position of the Knot
The knot or joint is usually located on either side
of the neck. The head is flexed opposite the
location of the knot. The level of the ligature
around the neck may differentiate hanging from
strangulation by ligature. In hanging, the ligature
is usually pull of the constricting force, while in
case of strangulation by ligature, the loop is
found below the thyroid cartilage. It is not easy to
retain the knot beneath the chin.
Course of the ligature around the neck
The usual appearance is that the groove or
ligature mark is deepest opposite the location of
the knot. However, if the not is just underneath
the chin, the groove at the back of the neck is not
deep on account of the firmer skin and muscular
tissue.
Symptoms
Gradual loss of sensibilities
Sensation of constriction of the neck
Loss of consciousness and muscular power
Numbness of the legs and clonic convulsion
Sensation of ringing inside the ear
Sensation of flash of light before the eyes
Face becomes red with eyes prominent and feeling of
heat in the head.
If the victim is timely rescued and revived after artificial
respiration, he will suffer the following symptoms:
Whistling sensation insede the ear
Watering of the eyes
 FROGLETS NOTES
Difficulty of breathing and swallowing
Sensation of number ness of both legs.
All the above symptoms may last for 12 days after
rescue. Cause of Death in Hanging
Simple asphyxia by blocking the air passage
Congestion of the venous blood vessel in the brain
Lack of arterial blood in the brain due to pressure on
the carotid arteries
Syncope due to pressure on the vagus and carotid
sinus which leads to reflex irritation and paralysis
of the medullary autonomic centers
Injury on the spinal column and spinal cord.
Any combination of the above
Post mortem findings in death by hanging
Time Required in the Process of Death
Time is influenced by the following:
Severity of the constricting force
If the constricting force is only sufficient to
occlude the windpipe, death may be delayed; but
if the pressure is sufficient to occlude the carotid
arteries, jugular veins and vagus nerve, then
unconsciousness develops immediately and
death is accelerated.
Point of application of the ligature
When the ligature is made below the larynx,
death is almost instantaneous, but when applied
above the larynx, death may not occur for three
to five minutes. Hanging with the knot situated on
one side of the neck may delay death because of
closure of cerebral vessels cannot be
maintained. If knot is below the jaw, maximum
pressure is at the back of the neck cause merely
partial occlusion of the windpipe and blood
vessels of the neck, thereby delaying death.
Other factors
Physical condition of the subject
The rate of consumption of oxygen in the
blood and tissues.
Treatment
Induce the natural act of respiration
Ligature must be loosened and mouth msut
be wiped to remove all obstacle to free
air.
Tongue must be pulled forward and the body
must be laid on back rest.
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Place the patient where there is free current
of fresh air
Electrical stimulation of the phrenic nerve
Administration of respiratory stimulant, like
ammonia.
Stimulate the heart to renew action if it ceases to beat.
Apply heat at the region of the precordium
Hypodermic injection of coramine,
strychnine, or other stimulants
Administration of brandy.
Maintain the natural body temperature
Cover the body with blanket
Place the patient in a warm room
General External Appearance
Neck elongated and stretched with the head
inclined on the side opposite the knot
or noose
Eyes closed or partially opened with pupils
usually dialted on one side and small
on the other side (facies sympathetic)
Lividity or pallor of the face with swelling
and protrusion of the tongue
Hands are clenched firmly and purple
colored fingernails
Lips livid or blue
Saliva dribbled from the mouth with froth
State of erection or semi erection of the
penis with seminal flued in the urethral
meatus
Post mortem lividity with ecchymosis are
mostly marked at the legs
Urination or defecation due to the loss of
power of sphincter muscles.
Internal Findings:
Engorgement of the lungs
Venous system contains dark-colored fluid
blood.
Right side of the heart and the big blood
vessels connected with it are distended
with blood.
Blood vessels of the brain is generally
congested.
Kidneys are congested.
 FROGLETS NOTES
Sub-pleural, sub-pericardial punction
hemorrhages
Findings on the neck:
Neck is flexed opposite the side where the
knot is located.
Ligature mark which forms groove is about
or rather leass than the knot.
The course of the ligature is inverted v-
shape with the apex of the v at the site
of the knot.
The skin at the site of the ligature is hard
with red line of congestion and
hemorrhage in some points.
Ecchymosis of the neck depends upon the
width and softness of the ligature.
There may be rapture of the underlying
blood vessels, muscles and other soft
tissue
The lining membrane of the blood vessels
may be lacerated.
Fracture of the hyoid bone or tracheal rings.
Different diagnosis:
Fold markings on the neck of an obese individual
the marks are not continuous and removed on
stretching the skin of the neck
Marks of tight neckwear the location and history will
differentiate this from ligature marks.
Determinations Whether Hanging is Ante Mortem or Post
Mortem
The principal criterion is the vital reaction. But,
hanging made immediately after death may also show to a
certain extent vital reaction, while hanging of a living
subject whose bodily resistance has been markedly
weakened may show slight vital reaction
The following finding show that hanging is ante mortem
redness or ecchymosis at the site of ligature
ecchymosis of the pharynx and epiglottis
line of redness or rupture if the intima of the carotid
artery
subpleural, subepicardial punctiform hemorrhages
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It is advisable to look for other injuries which are capable of
producing death to eliminate the possibility of hanging as
the cause of death.
Determinations whether hanging is accidental, homicidal or
suicidal
Evidence in support of homicidal hanging
Nature of windows and doors - whether
entrance was forcibly opened or have
been used as an escape by the
offender in homicide case
Presence of signs of struggle- furniture and
beddings may be disturbed whenever
there is a previous struggle.
Presence of stains, bodily injuries in the
body of the victim
Presence of defense wounds in the body of
the victim
Lynching a form of homicidal hanging
usually found in southern states of US. Usually
practiced by Americans against the Negros who
commit crime against the white American.
Whenever colored offenders are apprehended,
they are hanged by means of a rope on a tree or
some similar objects. The Negroes are executed
without due process of the law.
B. Asphyxia by Strangulation
Strangulation by Ligature:
It is produced by compression of the neck by
means of a ligature which is tightened by a force other than
the weight of the body.
It may be observed in infanticide using the
umbilical cord as the constricting material. This must be
differentiated from accidental strangulation during child
birth, the umbilical cord is abnormally long and there is no
disturbance in the wharton's jelly.
Strangulation by ligature is commonly observed
in rape cases, but the presence of findings in the genitalia
and other physical injuries are distinctive findings.
Causes of Death in Strangulation by Ligature
Asphyxia due to the occlusion of the windpipe.
Coma due to arrest of cerebral circulation.
Shock or syncope.
Inhibition of the respiratory center due to the pressure on
the vagus and sympathetic nerves.
Accidental, Homicidal or Suicidal Strangulation by Ligature
 FROGLETS NOTES
Homicidal strangulation is the most common of
the three forms of strangulation by ligature. Aside from the
ligature mark in the neck, there are evidence of struggle or
marks of violence in other parts of the body.
Suicidal strangulation by ligature is quite rare. It
may be done by placing a ligature around the neck and
tightened by means of twisting a piece of stick.
There are a few instances of strangulation which
are accidental and most of the victims are children or
epileptics who are helpless and incapable of extricating
themselves.
Manual Strangulation or Throttling
This is a form of asphyxial death whereby the
constricting force applied in the neck is the hand.
Methods of Throttling
Using one hand
Using both hands with assailant in front
Using both hands with assailant at the back
Manners of Death in Manual Strangling
The air passage may be blocked and death is due to
asphyxia
The pressure on the neck may cause compression of the
blood vessels and disturb the blood supply of the brain
The nerves of the neck may be traumatized especially the
superior laryngeal branch of the glossipharyngal,
hypoglossal nerves and the plexus surrounding
Bifurcation of the common carotid artery or of the
vagus producing shock.
Accidental, Homicidal or Suicidal Manual Strangulation
Suicidal throttling is impossible because of the pressure of
the person's own hand must be maintained for
sometime but when unconsciousness begins, the
hands are relaxed and the victim recovers.
Accidental throttling may occur but the victim never died of
asphyxia but of other causes.
Homicidal manual strangulation is the most common. It is a
method of choice in infanticide.
Special Forms of Strangulation
Palmar Strangulation
The palm of the hand of the offender is pressed
in front of the neck without employing fingers.
2. Garroting
A ligature, a metal collar or a bowstring is placed
around the neck and tightened at the back.
3. Mugging (strangle-hold)
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This is a form of strangulation with the assailant
standing at the back and the forearm is applied in front of
the neck.
4. Compression of the Neck with a Stick
The victim may be forced to place his back
behind a post.
C. Asphyxia by Suffocation
Asphyxia by suffocation is exclusion of air from
the lungs by closure of air openings or obstruction of the air
passageway from the external openings to the air sacs.
Smothering
This is a form of asphyxial death caused by the
closing of the external respiratory orifices, either by the use
of the hand or by some other means. The nostrils and
mouth may be blocked by the introduction of foreign
substances, like mud, paper, cloth, etc.
Suicidal smothering by means of his own hand is
not possible
Homicidal and accidental smothering is frequent.
It may occur when a person is under the influence of
alcohol, epilepsy or in any other helpless state. It is
common among children.
Examples: overlaying, accidental smothering of epileptic,
gagging, plastic bag suffocation
Choking
This is a form of suffocation brought about by the
impaction of foreign body in the respiratory passage. Most
of suffocation by choking is accidental, although it may be
utilized in suicide or in homicide.
D. Asphyxia by Submersion or Drowning
This is a form of asphyxia wherein the nostrils
and mouth has been submerged in any watery, viscid or
pultaceous fluid for a time to prevent the free entrance of
air into the air passage and lungs.
Time Required for Death in Drowning
Submersion for 1-1/2 minutes is considered fatal,
if ordinary efforts for respiration is made, however, a person
may survive even after 4 minutes of submersion. The
average time required for death in drowning is 2 to 5
minutes.
Emergency Treatment in Drowning
Remove the bodily clothings especially the tight
ones and wrap the body with blanket. Place the face down
and perform artificial respiration, using any of the following
methods: Schaefer's Method or Sylvester's Method.
 FROGLETS NOTES
Administration of stimulants as ammonia,
aromatic vinegar, etc.
Injection of strchnine, coramine, caffeine, etc.
Inhalation of oxygen combined with 5% to 8%
carbon dioxide to stimulate respiration.
Floating of the Body in Drowning
The body may not immediately be recovered
after drowning because it is under water. The specific
gravity of human body is slightly more than of the water.
Within 24 hours, on account of the decomposition which
causes the accumulation of gas in the body, the body
floats. The floating of the body is markedly influenced by
the weather, condition of the fluid medium where drowning
took place, presence of wearing apparel, age, sex and
body built. The body when recovered, floats usually with
flexed extremities. The head is submerged because it has
a higher specific gravity than the rest of the body.
"tete de negri" - the bronze color of the head and neck of a
person who died in water during the process of
decomposition.
E. Compression Asphyxia (Traumatic or Crush Asphyxia)
This is a form of asphyxia whereby the free
exchange of air in the lungs is prevented by the immobility
of the chest and abdomen due to external pressure or
crush injury.
In homicidal cases, the assailant may kneel on
the chest of the victim or squeeze the victim between the
arms and legs as in wrestling.
In accidental cases, the body may be pinned
between two big objects or collapsing building on the
ground.
Very rarely is traumatic asphyxia attempted in
suicide.
Burking
This is a form of traumatic asphyxial death
invented by Burke and Hare for the purpose of murdering
people to be sold to medical schools for dissection.
Death by Crucifixion
When person is nailed on a cross the weight is
supported by the nailed feet. Classified as traumatic
asphyxia.
F. Asphyxia by Breathing Irrespirable Gases
Carbon Monoxide (Carbonic Oxide Gas, Co "Silent Killer")
Carbon Monoxide is formed from the incomplete
combustion of carbon fuel. The fatal carbon monoxide
poisoning usually involves burning wood, oil,coal, kerosene
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and charcoal used in heating or cooking, or gasoline
engine in cars.
Accidental and suicidal death by carbon
monoxide poisoning is common. Victims may be
accidentally imprisoned or deliberately enclose themselves
in a room or garage with motor engine running or slow
burning is present.
Qualitative Test for Carbon Monoxide in the Blood
Kunkel's Test
Potassium Ferrocyanide Test
Examination Through a Spectroscope
Gas Chromatograph
Infrared Analysis
Carbon Dioxide (Carbonic Gas Acid)
Carbon Dioxide is the gas blown out of the lungs
during respiration, product of complete combustion of
carbon containing compounds, and the end result of
fermentation and decomposition of organic matters.
HYDROGEN SULFIDE (SULPHURETTED
HYDROGEN, H2S)
NATURE and CHARACTERISTICS
COLORLESS, Transparent gas, sweetish taste and
emitting an odor similar to a rotten egg.
Formed during a decomposition process of
organic substances containing sulphur.
Found in large quantities in a sewer, septic tanks,
drainage pipes, and deep wells.
EFFECTS
A dilute solution produces irritation of the eyes,
nose, throat and air passages, followed by
dizziness, headache, nausea, vomiting,
abdominal pain, cyanosis, dilated pupils, cold
extremities, and labored breathing
Prolonged exposure on a diluted atmosphere may
cause tetanic convulsion, delirium, stupor,
coma and death.
POST-MORTEM FINDINGS
Putrefaction sets rapidly.
Offensive odor is noticed on opening the body.
Blood in fluid state, dark brown in color is due to
conversion of hemoglobin to sulmethemoglobin.
Lungs are congested and edematous.
 FROGLETS NOTES
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Other organs are congested and dark colored. POST-MORTEM FINDINGS

Not characteristics but there may be cyanosis with

HYDROGEN CYANIDE signs of asphyxia

NATURE and CHARACTERISTICS WAR GASES

One of the most toxic and rapid acting gases.
Formed by addition of acid to potassium or
sodium salt of cyanide.
Found in leaves of cherry-laurel, in bitter almond, in
kernels of common cherry, plum, peaches, in
ordinary bamboo shoots, and in certain oil seeds
and beans.
EFFECTS
Loss of muscular power, giddiness, slow and
stertorous breathing with loss of consciousness
which may or not be preceded by convulsion
before death
ESSENTIAL CHARACTERISTICS
Heavier than air
Capable of spreading rapidly on the area where the
chemical effects is desired
Capable of producing effect even in low
concentration on a specified area
May be a true gas, smoke, volatilized liquid or
finely divided solid
Manufactured in big quantity in a relatively cheap
price
Stable substance or not easily made non-toxic by
rapid chemical reaction
Capable of storage for an ample length of time

POST-MORTEM FINDINGS CLASSIFFICATION BASED ON THE PHYSIOLOGICAL

ACTION
Body is livid or violet in color
Post-mortem lividity is bright red or pink due to the LACRIMATOR or TEAR GAS
formation of cyanmenthhemoglobin
Fingers are clenched, fingernails are blue and KINDS:
jaws firmly closed
Eyes are bright and glistening and pupils are Chloracetophenone (C.A.P.)
dilated Bromobenzyl Cyanide (B.B.C.)
Odor of the acid may be noticed on opening the Ethyl Iodoacetate (K.S.K.)
body
Heart is engorged with bright red blood EFFECTS:
Mucous membrane of the esophagus and the
stomach may be congested and covered with Irritation of the eyes with copious flow of tears
froth. Severe lacrimation, spasm of the eyelids,
congestion of the conjunctivae and temporary
SULFUR DIOXIDE blindness
Irritation of the respiratory passages and lungs,
NATURE and CHARACTERISTICS burning sensation in the throat and discomfort on
the chest
COLORLESS gas Vomiting, nausea, bronchitis and blistering of the skin
Employed as a disinfectant, bleaching agent
Found in eruption of volcanoes PREVENTIVE MEASURES

EFFECTS Wearing of Gas mask

Irritation of the respiratory passage, thus causes
sneezing, coughing, spasm of the glottis and
suffocation
Irritates the eyes and caused congestion and
lacrimation
Washing of the affected eyes with boric acid
solution
Sodium bicarbonate solution may be applied in
other affected areas

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VESICANT or BLISTERING GAS Hydrocyanic Acid (Hydrogen Cyanide or Prussic

Acid)
KINDS Hydrogen Sulfide (Sulphurated Hydrogen)
Carbon Monoxide (Carbonated Oxide, C0)
Mustard Gas (Dichlordiethyl Sulfide, Yellow
Cross, Ypertite)
Lewisite (Chlorovinyl-dichlorarsine)
CHAPTER XVIII
EFFECTS DEATH OR PHYSICAL INJURIES DUE TO
AUTOMOTIVE CRASH OR ACCIDENT
Contact with the skin may cause bleb or blister
formation AUTOMATIVE CRASH:
LUNG IRRITANTS (Asphyxiant or Choking Gas)
FACTORS RESPONSIBLE TO AN AUTOMOTIVE CRASH
KINDS
HUMAN FACTOR
Chlorine (CL2) Mental Attitude ex. Reckless driving, showing
Phosgene (COCL2) of, inattention, fatigue, inexperience
Chloropierin Perceptive Defect ex. Defective vision,
Diphosgene defective hearing
Delayed or Sluggish Reaction Time
EFFECTS
Reaction Time the space of time the driver
When inhaled, they cause dyspnea, tightness of perceives an impending danger and the
chest and coughing, varying degree of actual application of the brake.
conjunctival irritation, vomiting, coma and death Disease the driver may develop an
epileptic fit or suffer from a heart attack
STERNUTATOR (Nasal Irritants or Vomiting Gases) while on the steering wheel
Chemical Factor ex. Driving under influence
KINDS of alcohol or drugs (depressant drugs,
marijuana, psychotrophic drugs) , leak in
Diphenyl chlorarsine (D.A.) the exhaust system of the vehicle
Diphenylamine chlorarsine (D.M.)
Diphenyl cyanarsine (D.C.) ENVIRONMENTAL FACTOR ex. Roads, weather,
absence of road signs, blind intersections, stiff
EFFECTS and slippery road may prolong the sked time
Sked time the space of time between the actual
Nausea, stricken with coryza, malaise, headache, application of the brake and the stopping of the
vomiting, salivation and pain in the chest, and car
prostration
MECHANICAL FACTOR ex. Defect in the steering
PARALYSANTS (Nerve Gas)
wheel, poor brake, transmission failure, worn
EFFECT out tires, unstable body

Paralysis at the myoneural junction SOCIAL FACTOR ex. Speed, Insurance develop
devil may care attitude on the driver
inasmuch as he will not be financially held liable
for damages as a consequence of a crash
BLOOD POISONS PEDESTRIAN

KINDS INJURIES AND DEATH ON THE DRIVER AND

PASSENGERS

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 FROGLETS NOTES
KINDS OF COLLISIONS IN AUTOMOTIVE CRASH
First Collision the impact of the moving vehicle with
another vehicle or a fixed object
Second Collision the impact of the unrestricted
occupants with the interior of the vehicle
FACTORS RESPONSIBLE FOR PASSENGERS AND
DRIVER INJURY
Displacement of the occupants within the vehicle with
impact against structures
Ejection
Distribution of the passengers in the compartment
resulting in direct impact injuries
FRONT IMPACT CRASH
Driver
Severe impact of the drivers head on
the windshield may cause laceration of
the scalp, face or neck.
Impact of the lower extremities against the
dashboard may cause fracture of the tibia,
fibula, femur, or pelvis as well as lacerations
and abrasion of the skin of the area.
The impact of the face to the circular rim of the
steering wheel may cause fractures of the
teeth, jaw and facial bones.
Front Seat Passenger
Abrasion of the face and scalp.
Laceration of the face and scalp.
Fracture of the skull.
Laceration or rupture of the heart.
Crashing injury of the neck.
Fracture of the ribs and sternum.
Laceration of the liver and/or spleen.
Rear Seat Occupants they may strike the back of
the front seat, the pillar between the front and
rear side doors, or may be propelled over the
front seat striking the front seat passenger and
driver, dashboard or windshield.
SIDE IMPACT CRASH
Common impact in street intersections
The lateral impact to the chest may cause fracture
of the ribs, contusion with laceration of the
lungs.
Laceration of the spleen and kidneys and pelvic may
also be observed.
REAR IMPACT CRASH
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With the impact at the rear, the head moves
backward or hyperextended, then the head will
move forward until the chin strikes the front
portion of the chest and with the neck
hyperflexed.
The backward and forward movement of the
head is known as acceleration-
deceleration injury or whiplash. It
may result to muscle spasm or injury to
the ligament of the neck resulting to pain.
ROLL OVER CRASH (Turn-turtle Impact)
In the process of rolling, the occupants may be
pinned, crushed or may be thrown away and
fall on the ground.
On account of the ling period of the process of
rolling, the passenger does not sustain severe
injuries. The rolling process causes the different
sides of the vehicle to absorb the force of the
impact.
EJECTION OF THE OCCUPANTS
The primary impact of the vehicle may forcibly
open the unlocked door.
Ejection may increase further the injury sustained by
the occupant.
MEANS EMPLOYED TO MINIMIZE INJURY TO DRIVER
AND PASSENGER
Use of soft padded dashboard, windshield safety
glass, dashboard with perforation to allow metal
to deform easily, enlarged and padded central
steering wheel hub and collapsible steering
column
The interior of the passenger compartment,
including the steering wheel, dashboard,
side doors are prevented from intruding into
the passenger compartment and strike the
occupants.
The fender, bumper and other parts of the car
commonly involved in the impact are made of
metal which can absorb energy, dissipate such
force and prevent its transmission to the driver
and passengers.
Special restraints to the occupants are being applied
to reduce the severity of the second collision in
the forms of lap and shoulder belt and air bag.
But the use of seat belt is not absolutely
considered as a safety device. It may cause
 FROGLETS NOTES
injuries to the abdominal wall, visceral
organs and vertebral column.
Seat belt Syndrome the acute flexion of the
trunk (jackknifing) with the belt as the central
fulcrum may cause fracture of the trunk with the
visceral organs in forward motion, may stretch
the mesentery and causes injury to the intestine
and mesentery itself. There may be abrasion,
contusion and hematoma of the lower portion of
the abdomen.
SUICIDAL CRASH
Usually a single vehicle and single occupant
crash
Head on collision with roadside object, pole or
bridge support at a high speed.
No evidence of any effort to apply the brake or to
avoid striking the object (foot still on the
accelerator pedal)
HOMICIDE BY MOTOR VEHICLE
The simulation of a crash may occur to conceal a
prior homicide
Victim of other means of violent death may be placed
on the road to simulate that he is a victim of
hit and run.
PEDESTRIAN VEHICLE COLLISION
DEATH OR PHYSICAL INJURIES TO PEDESTRIAN
PRIMARY IMPACT
First violent contact between the pedestrian and the
motor vehicle
The severity of the injury depends on the position of
the victim when the impact occurred, speed of
the moving vehicle, and the amount of bodily
support (clothing and other apparel)
The movement of the body after the primary
impact depends on the location of the impact
Bumper Fracture Fracture of the leg bones as a
consequence of the primary impact
SECONDARY IMPACT
The subsequent impact of the pedestrian to the
ground after the first impact
The injury sustained by the pedestrian depends
mostly on the force of the ground impact,
nature of the road and part of the body involved
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Accounts for the multiple abrasions and contusions
on the body of the pedestrian-victim
RUN OVER INJURIES
The pedestrian may be run over by the moving
vehicle during the initial impact or thereafter
Usually, the victim dies of shock
Crash fracture, skid or tire marks, rupture of organs
and internal hemorrhage may be seen at
autopsy
HIT-AND-RUN INJURIES
A fast moving vehicle may run over, hit or side-swipe
a pedestrian or collide with another vehicle or
fixed object and get away from the scene without
regard to the unfortunate victim
This usually happens when the driver is drunk or
high at night time, in an isolated road
and with no eyewitnesses or someone who
could take note of the identity of the vehicle
EVIDENCE IN VEHICULAR CRASH
FROM THE SCENE OF THE CRIME
The area of the road a photograph sketch must be
taken to determine who violated the traffic rules
and regulation
The skid and tire marks on the road for
identification of vehicle and whether the driver
stepped on the brake immediately before the
crash
Condition and position of the victim whether
pedestrian or occupants
Condition of the vehicle and of other structures in the
vicinity
Blood, paint strains, pieces of clothing that may be
found in the body of the victim, ground or on
the vehicle
Narrations of witnesses as to how the incident took
place including the identity of the vehicle and
the victims
FROM THE DRIVER
Fitness to drive capacity to manipulate the steering
wheel, step on the brake and accelerator, visual
and hearing perception, reflex time, heart
condition, history of epileptic seizure, etc.
 FROGLETS NOTES
Alcoholic drunkenness a person with at least
0.15% alcohol in the blood is considered drunk
Injuries due to second collision like steering hub
imprint, fractured skull, multiple abrasions and
laceration of the face and scalp, fracture of the
leg bones, ribs and sternum
FROM THE VICTIM IN VEHICLE-PEDESTRIAN
COLLISION
Crush injury
Tire Thread Marks
Abrasion Marks
Paint Marks
Blood, hair or Clothing of the Victim
Physical Defects of the Victim
Inebriation of the Victim the victim might have
been under the influence of alcohol and other
depressant drugs
PURPOSES OF THE AUTOPSY OF VICTIMS OF
VEHICULAR ACCIDENTS
Determine deceaseds position on the vehicle or the
pattern of injuries
Determine whether death occurred as a result of the
crash and not due to natural disease, poisoning,
gunshot wound or other causes prior to the
crash
Question of survivorship when more than one
member of the family died in a crash
Size of monetary reward in a civil suit may depend
on the nature and extent of the injuries
suffered
MOTORCYCLE CRASH
REASONS WHY THERE IS A HIGH PERCENTAGE OF
MOTORCYCLE CRASH
A motorcycle can attain a high speed compared with
other ordinary road vehicle.
It has a small profile that the driver of other
vehicles may fall to see it.
At high speed and frequently in curves, the cyclist
may lose control of the brake. it may hit a fixed
object, the tire may skid, or the cyclist may be
drunk.
Whenever the motorcycle strikes another vehicle or a fixed
object the injuries is quite severe because:
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There are so little crushable materials to absorb the
impact that the motorist himself is subjected to
the severe force.
No restraint system is available to keep the operator
and the passenger on the bike and as a result,
ejection from the motorcycle is common.
Inasmuch as the cyclist is exposed to crashes, the only
alternative approach is the protective wearing apparel.
Leather jacket, thick pants, and gloves to protect the
skin from injuries that result from ejection
Leather boots to protect from injuries of the
bones of the feet and legs.
Motorcyclist helmet which must be buckled to
protect the head.
CHAPTER XXI
MEDICO-LEGAL ASPECTS OF SEX CRIMES
VIRGINITY AND DEFLORATION
Virginity- is a condition of a female who has not
experienced sexual intercourse and whose
genital organs have not been altered by carnal
connection.
A woman is a VIRTOUS FEMALE if her
body is pure and if she has never had
any sexual intercourse with another,
though her mind and heart is impure.
There is a presumption that a woman is virgin whenever it
is shown that she is single and continuous until
overthrown by proof to be contrary.
KINDS OF VIRGINITY
Moral Virginity- the state of not knowing the nature of
sexual life and not having experienced sexual
relation.
Physical Virginity- a condition where a woman is
conscious of the nature of the sexual life but has
not experienced sexual intercourse.
True Physical Virginity- the hymen is
intact.
False Physical Virginity- hymen is
unruptured but the orifice is wide and
elastic.
Demi-Virginity- condition of a woman who permits
any form of sexual liberties as long as they
abstain from rupturing the hymen by sexual act.
 FROGLETS NOTES
Virgo Intacta- a truly virgin woman. There are no
structural changes in her organ to infer previous
sexual intercourse and that she is a virtuous
woman.
PARTS OF THE FEMALE BODY TO BE
CONSIDERED IN THE DETERMINATION OF THE
CONDITION OF VIRGINITY.
Breast
Viginal Canal
Labia Majora and Labia Minora
Fourchette (present a V-shape appearance as the
two labia minora unite posteriorly.)
Hymen
As to the shape and size of the
opening:
Annular or Circular- the
opening is oval or circular
located at the center of
the hymen.
Infantile- the opening is
small.
Semilunar or crescentric- the
concavity may be facing
either side or upwards or
downwards.
Linear- the opening is slit-like and
usually running vertically.
Cribiform- the hymen presents
several openings instead
of a single one.
Stellate- hymenal opening is like
a star.
Septate- there are two
openings separated by a
bridge of hymenal tissue.
Fimbriated- the border of the
opening shows small
irregular protrusiontowards
the opening.
Imperforate- no opening in the
hymen.
As to structure and consistency:
Firm and with strong connective
tissue and plenty of blood
vessels.
Thick yielding hymen with
scarce blood vessels.
Membranous hymen- hymen is
parchment like, may be
transparent and may be
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lacerate without pain or
appreciable bleeding.
As to number of opening:
Single orifice
Septate- two openings
Multiple- several openings
Imperforate- no opening
Virginity is NOT synonymous with Chastity.
A woman may resort to many forms of
homosexual as well as heterosexual practices
without losing her virginity, yet she may be unchaste.
B. DEFLORATION
Defloration is the laceration or rupture of the hymen as a
result of sexual intercourse.
Parts of the female genitalia that must be examined
to determine defloration:
Condition of the Vulva
Fourchette
Viginal canal
Hymen- the fact that hymen is intact does not
prove absence of previous sexual
intercourse and the presence of
laceration does not mean defloration.
Other causes of hymenal
laeration:
Passage of clotted blood
during menstruation
Ulceration due to
disease
Jumping or running
Falling on hard and
sharp object
Medical instrumentation
Local medication
Self-scratching due to
irritation
Masturbation
Insertion of foreign
bodies
Previous operation
IN THE MEDICAL EXAMINATION OF THE HYMEN,
THE FOLLOWING FACTS MUST BE INCLUDED;
General condition of the hymen
Original shape of the orifice (opening)
If lacerated, the following must be
noted:
 FROGLETS NOTES
Degree of laceration
(complete, incomplete or
complicated laceration)
Location of laceration
Duration of laceration(fresh
bleeding, fresh healing,
healed with sharp coaptible
borders without congestion or
healed laceration with
rounded non-coaptible
borders and retraction of the
edges.)
Complications of laceration
PSYCHOLOGICAL CONSIDERATION
During sexual excitement
Local Changes the parasymphatetic
innervations of the sex organ is from
the 2nd , 3rd and 4th spinal sacral
segments, and the sympathetic
innervations is from the 11th thoracic
down to the 1st lumbar. Brrr brrr brrr
Sysmetic effects:
Increase of pulse rate
Marked increase in blood
pressure making its peak
during orgasm
An increase of peripheral flow of
blood experienced as an
increase of body warmth
Tumescence- consequence of
this peripheral flow
concentrating on erectile
tissue
Increased respiration
A decrease in bleeding
during arousal
A decrease of sensory
perception
During Orgasm
In the male, orgasm is the sensation
resulting from the contraction of the
smooth muscles of the genital and
the striated muscles of the pelvic floor
coinciding with ejaculation.
In the female, during orgasm, there is
contraction of the smooth muscles of
the uterus and rhythmic contraction of
the viginal sphincter, the
ischiocavernousus and the pelvic floor
musculature. Brrr brr brr
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DEATH RELATED TO SEXUAL ACT
Death by male partner
Death from natural cause- because of
increased blood pressure, tachycardia
and hyperventilation due to emotional
response and muscular exertion.
Death may be due to the defensive act of
the woman-victim.
Death by female partner
The sexual intercourse might be done in a
relatively confined space like the back
of the seat of a car.
In case of oral sex (fellatio) wherein the
male penis is placed in the mouth of
the female partner. The Size and the
length of the penis may cause total or
partial block of the air passage,
causing asphyxia.
In case of cunnillingus (a prevented sexual
act wherein the male licks the female
genital organ) the male partner may
blow air in the vulva and may cause
embolism especially when the woman
is pregnant.
Sadist who may not be sexually satisfied by
sexual intercourse but by inflicting
physical injuries to the partner
.
In concealing the crime.
The female may die of shock as a result of
the extreme trauma in case of rape.
Hemorrhage.
Infection
Death of BOTH partners
May be due to the performance of the
sexual act in an enclosed place with
carbon monoxide or asphyxiant gas.
Homicide-suicide pact. Brrrr brr brr
Character of the Offended Party:
-The person is guilty of rape if force and violence were
used regardless of the good or bad morals of the offended
party.
Evidences of Force or Intimidation: or
-Mere initial reluctance of the offended party or verbal
refusal alone will not prove force. Must be a manifested
and tenacious resistance.
 FROGLETS NOTES
-Force, as an element in rape, need not be irresistible
as long as it brings the desired result.
-If the offender is the father of the girl who is of a tender
age, it is not necessary that there are signs that she put up
a determined resistance.
-Employment of force is established not only by testimony
of the injured girl but also by the signs of finger grips on the
front part of her neck, on the arms and the fact that the
garments worn at the time were torn and heavily stained
with blood.
Strong evidence of force is the presence of physical
injures found on the person of the victim in the course of
medical examination. The victim may suffer all types of
physical injuries depending upon the resistance offered by
her and the degree of force applied by the offender.
Rape Committed by Employment of Intimidation
Application of threat will cause fear in the victim of the
untoward consequence. If she will not accede to the will
of the offender, the crime may constitute intimidation.
-Intimidation purely subjective, cannot be proven by
medical evidence.
Rape Committed by Depriving the Victim of Her
Reason or Otherwise Made Unconscious
Deprival of Reason
a. Rape committed on insane or mentally
deficient woman
-victim: woman, 14 years of age,
feeble-minded and can only speak mono-syllables
-sexual intercourse with insane woman
-BUT, sexual intercourse with a deaf-
mute woman is not rape in the absence of proof that
she is an imbecile
-proof of mental condition of the victim
by medical findings of the physician who needed
b. Rape committed while the woman is under the
influence of alcohol or other depressant drugs
-in the absence of decided cases, also
rape
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c. Sexual act on a woman under the influence of
sex stimulating drugs
-if did not deprive her of reason, not
rape (US v. Lung), BUT local courts would consider this as
rape because actually deprived her
of reason
The woman-victim is unconscious
Sexual act committed while the woman is on her
natural sleep
Sexual act on a woman suffering from sleeping
sickness - because woman is unconscious
c. Sexual act on a woman who is unconscious
because she was knocked-out
-if offender inflicted physical injuries on
a woman sufficient to make her unconscious before
the sexual act was done
d. Sexual act after administration of narcotics or
other "knock out" drugs
When the woman is under 12 years of age
-called statutory rape
-regardless of whether or not force or intimidation
is applied or the child is not deprived of her
reasons or otherwise unconscious
-even if child consented or even if child a
prostitute
-reason: one must not take advantage of the
meager intelligence and incomplete physical
development of a child below the age of 12
-multiple rapes committed by each accused was
independent to others
-victim and accused must immediately be
examined by the physician to have a strong
medical evidence of rape, BUT lack of medical
examination of victim NOT an indispensable
element in the prosecution of rape.
WON it will prosper depend upon the evidences
offered.
-complaint for rape NOT valid unless it is a
complaint by the offended party. Information not
signed by the offended party is insufficient to
 FROGLETS NOTES
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confer jurisdiction on the court. Filing of e. physical and mental development of

complaint by father of a girl who is only 14 years the victim
old, sufficient compliance with RPC.
-height, strength and degree
Instances When Rape is Punishable by Death of muscular development of
woman must be
When by reason or on the occasion of the rape, the victim noted to determine whether
becomes insane she has capacity to resist
unlawful resistance
When the rape is attempted or frustrated and a homicide is
committed by reason or on the occasion thereof -describe mental state of
victim
When by reason or on the occasion of the rape, a homicide
is committed f. examination of the body for signs of
violence
Medical Evidences in Rape
-signs of physical violence on
1. Evidences from the victim the body if actual force was
applied
-written consent from victim or guardian if not of
age, if confined on correctional institution by the head of -whole body subjected for
the institution inspection
-short history of the rape in writing -may use xray for bone
lesions
-the following must be recorded by the physician:
-determine of probable age of
a. date, time and place of the alleged
the physical injuries-- does it
commission of rape
correspond to the alleged
-to determine how date of commission?
long has elapsed
g. examination of the genitalia,
after alleged
including the breast
commission of
crime before filed -breast roughly handled or
complaint or presence of finger marks,
subjected herself to nipples bitten, vulva
medical swelling, hymen fresh
examination lacerations etc.
-place: determine which court -in the pubic hair the ff may
can acquire jurisdiction be gathered:
b. date, time and place of the 1. pubic hair of
examination offender
-material to the determination 2. semen and
of the possible findings of the spermatozoa
physician on the victim
3. blood stains
c. condition of the clothings
4. body louse
d. physician must observe the gait, the
facial expression and the bodily and 2. Examination of the alleged offender
mental attitude of the subject

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 FROGLETS NOTES
a. physical development, mental condition and
strength
-won offender can overpower the
resistance offered by the victim
b. evidence of physical injuries
-whole body must be examined
-victim in the course of struggle may
have inflicted injurie upon him
c. condition of the sex organ
-blood, seminal stain, vaginal
epithelium and doderleins bacillus,
urethral meatus moist
d. evidence from pubi hair
-matted together due to blood stains or
seminal fluid discharge
-presence of body louse
e. potency of the offender
defense that he is impotent
evidence of genital infection
Evidences form the companion of the victim
history of the incident, won they are consistent
with narration of facts of victim
if companion helped victim when force was
applied by offender, companion must be
subjected to physical and medical examination
for physical injuries
c. examination of clothings
d. to determine whether the companion might
have participated as an accomplice
e. mental condition, physical power, age and
emotional state to determine capacity to resist
unlawful aggression from offender
f. presence of alcohol or other depressants
Investigation of the Crime Scene:
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Disturbances in the place of commission may infer or
affirm the statement of victim that she did offer resistance
Strands of hair, blood, seminal and other stains may be
recovered to prove consummation and struggle
Pieces of personal belongings of offender and/or victim may
be recovered to prove consummation and struggle
Investigation of witnesses who may possibly be material
to the prosecution of the case may be conducted
EXAMINATION FOR SEMINAL FLUID AND
SPERMATOZOA
- Semen: the viscid, albuminous fluid with faint grayish-
yellow color, having the characteristic fishy odor, and
containing spermatozoa, epithelial cells, lecithin bodies
and other substances
-Spermatozoon: living organism, normally present in the
seminal fluid consisting of a head, neck and tail. From 50-55
microns in length. The head is ovoid and flattened when
viewed in front and pearshape when viewed on the profile.
-The ff specimens may be examimed for seminal fluid
and spermatozoa:
1. wearing apparel of the victim and alleged
accused
vaginal smear from victim
stains on the body of the victim and accused
stains found at the site of the commission of
the offense
PROCEDURE:
Gross Examinations
a. Inspection by means of the naked eye or with
the use of the hand lens
-stain is grayish-white to faint yellow in
color
b. Inspection by means of Ultraviolet light
-to make visible small seminal stains or
patches
-shows bluish fluorescence
 FROGLETS NOTES
2. Micro-chemical Examinations
-moisten portion of stained fabric with diluted hydrochloric
acid solution and let soaking stay for 1/2 to 5 hrs
depending on age of stain. Allow the liquid portion to dry on
the side. Perform any of the following:
a. Florence Test: produced by the action of
iodine on choline, not a proof of seminal fluid but only of
the presence of some vegetable or animal substance,
positive result: merely presumptive evidence of small fluid,
negative result: in all probability it is not that of the
seminal fluid
b. Berberio's Test: some allege this test is
specific for spermatic fluid, reaction probably depends on
the presence of spermatic secretion
c. Puramen Reaction: based on the presence of
spermine in the prostatic fluid, Puramen reaction is found
to be very reliable and rather characteristic of seminal fluid
d. Acid Phosphate Test: semen produces a very
high phosphate activity as compared with other body fluids
the ff are needed:
1. citrate buffer solution
2. suitable substrate
3. diazonium salt
3. Microscopic Examinations
-presence of complete spermatozoon will
undoubtedly infer presence of seminal fluid, although
semen may be present without spermatozoa, such
as in cases of aspermia (semen without
spermatozoa) or oligospermia (semen with few
spermatozoa)
a. Dr. Hankin's Method
b. Gaguli's Method: best way to stain
spermatozoa in India
Biological Examinations
a. Precipitin Test (Biological test of Farnum)
-to determine whether semen is of
human origin or not
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-test of unknown semen in the same
way as blood precipitin is done
b. Seminal Grouping
-test is of value for elimination
-positive result does not definitely imply
that the person is owner of sperm in
question, negative result: totally
exclude alleged accused as possible
owner of semen
How long after sexual intercourse can spermatozoa be
found in the vaginal canal? Short period of time in vagina
but in uterus, differing views (2 or 3 days at most, 43 hours,
17 days, more than 2 weeks, 48 hrs after intercourse)
Can a woman be raped while she is on her natural
sleep? Occasionally it may happen, but highly
improbable. Normal virgin: hard to conceive such could be
committed, BUT possible to woman who had several
sexual intercourse and to those who have given birth
Can a woman commit the crime of rape on a man?
"commited by having carnal knowledge of a woman" thus,
no. BUT, under present laws, WOMAN CAN COMMIT
CRIME OF RAPE ON A MAN. (See crim :p)
Can rape cause death? Although not usual,
introduction of matured male sex organ into vagina of
young girl may produce injury sufficient to produce death.
Death may be due to hemorrhage brought about by
laceration of vaginal canal, shock, subsequent infection
such as gangrene or peritonitis.
Laceration of vagina with accompanying hemorrhage can
also occur even in adult women if man's sex organ is
exceptionally big and sexual act was done roughly.
Can husband commit the crime of rape on his
wife? NO. Marriage is a license of the husband to have
sexual intercourse with his wife. Purpose of marriage is
procreation and there can be no procreation if there is no
sexual intercourse.
However, if there is a decree of legal separation by the
court, husband may be guilty of rape on wife. Legal
separation does not dissolve the matrimonial tie between
husband and wife, but merely separation in bed.
The husband may also be guilty of rape on his wife if he is
a principal by cooperation or by inducement for the act
committed by another man.
 FROGLETS NOTES
OTHER CRIMES AGAINST CHASTITY
SEDUCTION
A. QUALIFIED SEDUCTION
Art. 337, Revised Penal Code - The seduction of a
virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priests, house
servant, domestic, guardian, teacher or any person who,
in any capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished by
prision correcional in its minimum and medium periods.
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of any
of the persons and under the circumstances described
therein.
Types of Qualified Seduction
Ordinary Qualified Seduction
offended party must be a virgin
offendede party must be over twelve years and
under eighteen years of age
there must be sexual intercourse between the
offender and the offended party; and
the sexual act was done through abuse of
authority or confidence
those who acted with abuse of
authority
Person in public authority
Guardian
Teahcher - need not be
teacher, but same school
Person who, in any capacity,
is entrusted with the
education or custody of the
woman seduced
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Incestuous Qualified Seduction -
Brother who seduces his sister
Ascendant who seduces his descendant
-seduction where there is blood relationship
between the seducer and the seduced. Father
seducing daughter or other descendants, or
brother seducing sister.
-In this type of seduction, woman seduced need
not be a virgin or may be more than eighteen
years of age and the penalty is higher
basis: father and brother
obliged to lead the
descendant or sister to the
path of rectitude and
morality, but instead virtually
persuader her to become
immoral or be a party to the
condemnable act
B. SIMPLE SEDUCTION:
Art. 338. Simple seduction. The seduction of a woman
who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.
Elements:
The offended party is over 12 but less than 18 years of
age;
The offended party must be single or a widow of good
reputation;
There must be sexual intercourse done by the offender
with her; and
The sexual act must be committed by means of deceit.
The statute making simple seduction a crime is not to
punish illicit intercourse, but to punish the
seducer who by means of his promise of
marriage, destroyed the chastity of an unmarried
female of previous chaste character, and who
draws her aside from the path of virtue and
rectitude, and then fails or refuses to fulfill his
promise. (People v. Iman)
 FROGLETS NOTES
Medical Evidences in the Crime of Seduction
Medico-legal investigation of a victim of seduction is
practically the same as in the case of rape.
Medical proofs on account of the application of force,
and conditions that will cause the victim to be
deprived of her reason or otherwise
unconscious are no longer relevant.
When the issue of age of the victim becomes a
problem and its determination may be proved
through medical proofs
When the alleged criminal act developed into
pregnancy and birth of the child, the question of
paternity may be necessary.
ACTS OF LASCIVIOUSNESS
Acts of Lasciviousness are acts which tend to excite lust;
conduct which is wanton, lewd, voluptuous or lewd
emotion.
A. ACTS OF LASCIVIOUSNESS:
Art. 336. Acts of lasciviousness. Any person who shall
commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned in
the preceding article, shall be punished by prision
correccional.
Elements:
The offender commits any acts of lasciviousness;
The lascivious act is done under any of the following
circumstances:
By using force or intimidation.
By depriving her of her reasons or otherwise
unconscious;
When the woman is under 12 years of age;
The offended party must be a person of either sex.
B. ACTS OF LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENED PARTY:
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Art. 339. Acts of lasciviousness with the consent of the
offended party. The penalty of arresto mayor shall be
imposed to punish any other acts of lasciviousness
committed by the same persons and the same
circumstances as those provided in Articles 337 and 338.
Elements:
The offender commits acts of lasciviousness;
The offended woman must be over 12 but under 18 years
of age, except when the victim is the sister or descendant
of the offender;
The offender commits the act by abuse of authority,
confidence, relationship or deceit;
The victim must be a woman, virgin, single, or widow of
good reputation, except when she is the sister or
descendant of the offender where virginity is not required.
Medical Evidences in the Crime of Acts of Lasciviousness
Like in the crimes of rape and seduction,
medico-legal investigation is involved in
proving the lascivious act itself and the
other elements to constitute the crime.
Physical injuries may be suffered by the
victim on the part of the body where the
lascivious act was committed.
ABDUCTION
Abduction is the carrying away of a woman by an abductor
with lewd design.
Lewd design is the intent of the abductor to have sexual
intercourse with the woman abducted.
A. FORCIBLE ABDUCTION:
Art. 342. Forcible abduction. The abduction of any
woman against her will and with lewd designs shall be
punished by reclusion temporal. The same penalty shall be
imposed in every case, if the female abducted be under
twelve years of age.
Elements:
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The victim abducted is a woman; B. CONCUBINAGE:

The abduction is against her will;
The abduction is with lewd design.
B. CONSENTED ABDUCTION:
Art. 343. Consented abduction. The abduction of a virgin
over twelve years and under eighteen years of age, carried
out with her consent and with lewd designs, shall be
punished by the penalty of prision correccional in its
minimum and medium periods.
Elements:
The offended party must be a virgin;
The offended party must be over 12 but under 18 years old;
The carrying away of the offended party is with her
consent; and
The taking away must be with lewd design.
D. ADULTERY AND CONCUBINAGE
A. ADULTERY:
Art. 333. Who are guilty of adultery. Adultery is
committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man
who has carnal knowledge of her knowing her to be
married, even if the marriage be subsequently declared
void. Adultery shall be punished by prision correccional in
its medium and maximum periods.
Art. 334. Concubinage. Any husband who shall keep a
mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its
minimum and medium periods.
Ways of Committing the Crime:
Keeping a mistress in the conjugal dwelling;
Having sexual intercourse, under scandalous
circumstances, with a woman not his wife; or
Cohabiting with her in any other place.
PROSTITUTION
Prostitutes are women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct.
Reasons why some women become prostitutes:
Physiological and psychological traits;
Economic factors;
Home and neighborhood;
Influence of contraceptives
Medico-legal Aspects of Prostitution
Prostitution is one of the venues in spreading venereal
and other diseases
Evidences may be gathered to prove sexual or
lascivious acts

If the person guilty of adultery committed this offense while Types of Prostitutes:
being abandoned without justification by the offended
spouse, the penalty next lower in degree than that provided Call girl;
in the next preceding paragraph shall be imposed.
Hustler:
Elements:
Bar or tavern pick-up:
The woman is married;
Street walker
She has had sexual intercourse with a man not her
husband; and Door knocker;

The man with whom she had sexual intercourse knows her Factory Girl
to be married even if the marriage has subsequently been
declared void. Effects of Prostitution

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Arrest and imprisonment;
Venereal infection;
Social ostracism;
Poor personal hygiene;
Excessive use of alcohol;
Irregular habit of eating and sleeping;
Demoralization and physical deterioration
Medical Evidence in Prostitution- Genital examination
required is the same as in any other sexual offense
Methods of Control:
Legalized but regulated; or
Strict prohibition
OTHER PERSONS INVOLVED IN THE BUSINESS OF
PROSTITUTION ARE PUNISHED BY THE FOLLOWING
PROVISIONS OF THE RPC:
A. Corruption of Minors:
Art. 340. Corruption of minors. Any person who shall
promote or facilitate the prostitution or corruption of
persons underage to satisfy the lust of another, shall be
punished by prision mayor, and if the culprit is a pubic
officer or employee, including those in government-owned
or controlled corporations, he shall also suffer the penalty
of temporary absolute disqualification. (As amended by
Batas Pambansa Blg. 92).
B. White Slave Trade:
Art. 341. White slave trade. The penalty of prision mayor
in its medium and maximum period shall be imposed upon
any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall
enlist the services of any other for the purpose of
prostitution (As amended by Batas Pambansa Blg. 186.)
C. Abuse Against Chastity:
Art. 245. Abuses against chastity; Penalties. The
penalties of prision correccional in its medium and
maximum periods and temporary special disqualification
shall be imposed:
Upon any public officer who shall solicit
or make immoral or indecent advances to a
woman interested in matters pending before such
officer for decision, or with respect to which he is
required to submit a report to or consult with
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a superior officer;
Any warden or other public officer
directly charged with the care and custody of
prisoners or persons under arrest who shall
solicit or make immoral or indecent advances to
a woman under his custody.
If the person solicited be the wife, daughter, sister of
relative within the same degree by affinity of any person in
the custody of such warden or officer, the penalties shall be
prision correccional in its minimum and medium periods
and temporary special disqualification.
Ways of Committing Abuse of Chastity:
By soliciting or making immoral or indecent advances to a
woman interested in matters pending before the offending
officer for decision or with respect to which he is required to
submit a report to, or consult with a superior officer;
By soliciting or making immoral or indecent advances to a
woman under the offenders custody;
By soliciting or making immoral or indecent advances to
the wife, daughter or relatives with the same degree by
affinity of any person in custody of the offending warden or
officer.
UNNATURAL SEXUAL OFFENSES AND SEXUAL
ABNORMALITIES
Unnatural Sexual Offenses are not only a deviation to the
normal course of nature but also commonly observed
manifestations of sexual perversion. Most of those persons
suffering from the conditions do not exhibit criminal intent
but manifesting aberrations which may be a subject-matter
for the psychiatrist to treat.
Provisions of the Penal Code which may be Applicable to
Unnatural Sexual Offenses:
1. Grave Scandal:
Art. 200. Grave scandal. The penalties of arresto mayor
and public censure shall be imposed upon any person who
shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any
other article of this Code.
Immoral doctrines, obscene publications and exhibitions:
Art. 201. Immoral doctrines, obscene publications and
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exhibitions and indecent shows. The penalty of prision

mayor or a fine ranging from six thousand to twelve Any person who, not being included in
thousand pesos, or both such imprisonment and fine, shall the provisions of other articles of this Code, shall
be imposed upon: be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
Those who shall publicly expound or justifiable purpose;
proclaim doctrines openly contrary to public
morals; Prostitutes.
(a) the authors of obscene literature,
published with their knowledge in any form; the Unjust vexation or any other coercion:
editors publishing such literature; and the
owners/operators of the establishment selling the Art. 287. Light coercions. xxx xxx xxx
same; xxx xxx xxx xxx xxx

Those who, in theaters, fairs,
cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market
for violence, lust or pornography; (3) offend any
race or religion; (4) tend to abet traffic in and use
of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs,
established policies, lawful orders, decrees and
edicts;
Those who shall sell, give away or
exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. (As
amended by PD Nos. 960 and 969).
Vagrants and Prostitutes:
Art. 202. Vagrants and prostitutes; penalty. The following
are vagrants:
Any other coercions or unjust vexations shall be punished
by arresto menor or a fine ranging from 5 pesos to 200
pesos, or both.
SEXUAL ABNORMALITIES
As to the Choice of Sexual Partner:
Heterosexual- sexual desire towards opposite sex.
Homosexual- sexual desire towards same sex.
a) Overt- persons who re conscious
o their
homosexual cravings, and who make no attempts to
disguise their intention.
b) Latent- persons who may or may not be aware
of the tendency in that direction but are inclined to
repress the urge to give way to their homosexual
yearning.
Infantosexual- sexual desire towards an immature person.

Any person having no apparent means

of subsistence, who has the physical ability to
work and who neglects to apply himself or herself
to some lawful calling;
Any person found loitering about public
or semi-public buildings or places or trampling or
wandering about the country or the streets
without visible means of support;
Any idle or dissolute person who
ledges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes;
Pedophilia- a form of sexual perversion wherein
a person has the
compulsive desire to have sexual intercourse
with a child of either sex.
A Pedophile may be:
a. Homosexual pedophile- may attempt
either oral or anal intercourse with his victim.
Heterosexual pedophile- may
attempt either oral, vaginal, anal,

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 FROGLETS NOTES
intracrural intercourse as well as cunnilingus, but
attempts at vaginal penetration are most common.
Theories Why Adults become Interested in Children:
a. Emotional congruence- Children are sexually attractive
to adult:
Children are non-dominant;
Adults have low self-esteem, immaturity, socialization
to male dominance or narcissism; and
Unconscious impulse, compulsively to repeat child-
adult sex contact to master, and his or her own
early experience of child-adult sexual abuse.
Conditioning Modeling- behavioral modeling begins with
the early childhood experience, positive or negative, and is
conditioned by hormonal abnormalities, child pornography
and the misattribution of arousal as being only from
children.
Blockage- alternative sexual gratification may become
blocked due to poor social skills with adults of the opposite
sex, anxiety about sex, unresolved oedipal conflicts,
unavailability of or conflict with a committed partner, as well
as repressive social sexual norms.
Disinhibition- sexual controls may become disinhibited due
to senility, dementia, mental retardation, psychosis, drug or
alcohol, impulse disorders, situational stress, failure of
incest avoidance, a general cultural acceptance.
Bestosexual- sexual desire towards animals.
Autosexual (Self-gratification or maturbation)- it is a form of
self-abuse or solitary vice carried without with the lips and tongue coupled with the act of sucking
the cooperation of another person.
Types of Masturbation:
Conscious Type- the person deliberately resorts
to some mechanical means of producing sexual excitement
with or without orgasm;
Unconscious Type- the release of sexual
tension may come about via the mechanism of
nocturnal stimulation with or without emission, which
may also be considered as
masturbation equivalent.
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Gerontophilia- sexual desire with elder person.
Necrophilia- a sexual perversion characterized by erotic
desire or actual sexual intercourse with a corpse.
Incest- sexual relations between persons who, by reason of
blood relationship cannot legally marry.
As to Instinctual Strength of Sexual Urge:
Over Sex:
Satyriasis- excessive desire of men to
intercourse;
Nymphomania- strong sexual desire of women
Under Sex (Sexual frigidity):
Sexual anesthesia- absence of sexual desire
or arousal during sexual act in women.
Dyspareunia- painful sexual act in women.
Vaginisimus- painful spasm of the vagina during
sexual act.
Old age- weakening of sexual feeling in the
elderly.
As to Mode of Sexual Expression or Way of Sexual
Satisfaction:
Oralism- the use of the mouth as a way of sexual
gratification.
a. Fellatio (Irrumation)- The female agent
receives the penis of a man into her mouth and by friction
initiates orgasm.
b. Cunnilingus- sexual gratification is attained by
licking or sucking the external female genitalia
c. Anilism (anilingus)- a form of sexual perversion
wherein a person derives excitement by licking the anus of
another person of either sex.
Sado-masochism (Algolagnia)- pain or cruel act as a factor
for gratification.
Sexual Abnormalities
 FROGLETS NOTES
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As to Instinctual Strength of Sexual Urge: Necrosadism (Lust murder) victim

dies; deviate has a strong
Over Sex: homicidal urge, suffering from
Satyriasis excessive sexual desire of men to organic brain disease, a schizo,
intercourse epileptic or a psychopath
Nymphomania strong sexual feeling of Masochism (Passive algolagnia) pain or
women; hot or fighter humiliation from opposite sex is the primary
Both are general expressions of compulsive factor for sexual gratification
neurosis.
Fetishism real or fantasied presence of an
object or bodily part is necessary for sexual
Under-sex or Sexual Frigidity: stimulation and/or gratification
Sexual anesthesia absence of sexual Anatomic particular portions of the body (ex.
arousal during intercourse in women breasts, buttocks)
Dyspaureunia painful sexual act in women Clothing shoes, handkerchiefs,
Vaginismus painful spasm of the vagina undergarments, etc.
during intercourse Necrophilic near a dead body; may or may not
Old age weakening of sexual feeling in the violate dead person
elderly; there is desire, but accomplishment is Odor (Ospresiophilia) pleasant or foul odor
difficult; accompanied by odd behaviour like Urolagnia sight of women urinating;
exhibitionism, incest, homosexuality sometimes, even a desire to drink the
urine
Coprolognia sight of women
As to Mode of Sexual Expression or Way of defecating
Sexual Satisfaction: Mysophilia filth or excretion
Pygmalionism statues
Oralism use of mouth
Manikinism manikins
Fellation (Irrumation) female receives the
Narcissism extreme admiration and love of
penis into her mouth, by friction with the lips
ones self; looking at the mirror and
and tongue, coupled with the act of sucking,
appreciating oneself
initiates orgasm
Negative fetish marked dislike for things
Cunnilungus licking and sucking the
Saboteur fetish deviate does damage while he
external female genitalia
gets satisfaction (ex. cutting clothes or hair)
Anilism (Anilingus) licking the anus of
Incendiarism from setting fire
another; form of sexual perversion
Vampirism sight of blood

Sado-masochism (Algolagnia) pain or cruel act

As to the Part of the Body:
Flaegellation act of whipping or being
whipped Sodomy sexual act through anus
Sadism (Active algolagnia) infliction of pain Uranism fingering, fondling with breast, licking
on another is necessary or sometimes the parts of the body, etc.
sole factor in sexual enjoyment
Frottage compulsive desire of a person to rub his
Cannibalism biting without flesh-eating,
sex organ against some body parts of another
but with presumed unconscious wish (ex. rubbing or pressing organs against
to consume womens buttocks in crowded places and pretends it is
Love bites superficial punctuate
accidental)
contusions seen usually at the side
Partialism special affinity to certain part of the
of the neck, breast, other body parts
female body; usually, intercourse is merely
caused by forcible sucking of the
secondary to satisfy the sexual desire; differs
mouth (teeth guarded by the lips)
applied to the loose tissue

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 FROGLETS NOTES
from frottage in that there may not only
be rubbing but actual intercourse
As to Visual Stimulus:
Voyeurism compulsion to peep to see persons
undress or perform other personal activities and
usually, masturbates in excess afterwards;
Peeping Tom
Mixoscopia (Scoptophilia) watching a couple
undress or during their sex intimacies
As to Number: (sexual deviation because more than
two persons are participating)
Troilism (Menage a trois) three persons are
participating in sexual orgies where the usual
activity may be fellatio, kissing the buttock,
suixante-neuf or 69, coitus; eternal triangle
Pluralism group of persons participate in sexual orgies;
two or more couples perform intercourse in one
room and may agree to exchange for
varietys sake during the sexual festival
Other Sexual Deviates:
Coprolalia need to use obscene language to
obtain gratification; sometimes, go beyond
uttering by making some writings and
sketches on the walls of toilets
Don Juanism applied by psychiatrists to describe
characteristics of promiscuity and making
seduction of many women as part of his career;
cannot find anyone to be a permanent
companion
Indecent exposure (Exhibitionism) wilful exposure in a
public place of ones genital organ in the
presence of others, usually of the opposite sex; with
or without masturbatory act; women may expose
themselves as in bubble and fan dances
and the strip tease acts in night clubs
People v. Aparici (G.R. 13375): Dancer in a
burlesque show in a night club was
apprehended and charged for immoral
exhibition because her act of dancing only
wearing nylon panties and patches on her
breasts corrupted those minds which were
susceptible to immoral influence.
Sexual Reversal:
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Transvestism (Sexo-esthetic inversion; Psychical
hermaphroditism; Metamorphosis sexualis
paranoia) male derives pleasure from wearing
female apparel and vice versa; generally
harmless insofar as they have no desire to
assault anyone, but merely to attract attention
Transexualism identify themselves with the
opposite sex as completely as possible and to
discard forever their anatomical sex; hate their
genitalia that sometimes they attempt to castrate
or mutilate themselves, take sex hormones or
subject themselves to surgery
Intersexuality genetic defect wherein an individual
shows intermingling of the characteristics of both
sexes including physical form, reproductive
organs, sexual behaviour
Gonadal agenesis testes or ovaries have
never developed; determined very early in
fetal life
Gonadal dysgenesis external sexual
structures are present but at puberty fail
to develop
Klenefetters syndrome male type
where the anatomical structure is male,
but the nuclear sexing is female
(Chromatin positive); XXY
chromosomes
Turners syndrome structurally and
phenotypically female but the ovaries are
small; sterility with the absence of the
second X chromosomes
True hermaphroditism bisexuality, having both
ovaries and testicles; nuclear sex is usually
female; sex character may be neutral or
whichever is dominant
Pseudohermaphrodite anatomically of one sex
but the sex character is that of the opposite
sex
Male pseudohermaphrodite gonads are
testicles but the character is
effeminate
Female pseudohermaphrodite gonads
are ovaries but the character is
masculine
CHAPTER XXII
PREGNANCY
Introduction
Definition: state of a woman who has, within her body,
the growing product of conception or a fecundated germ
 FROGLETS NOTES
Commencement: from time egg cell is fertilized and
terminates at the time such product is expelled or delivered
Duration: 270-280 days from first day or onset of last
menstruation; inasmuch as some authorities consider more
than two weeks as the life span of the spermatozoa in the
vaginal canal, it is hard to ascertain the exact date of the
fertilization; no synchrony between coitus and fertilization
Abnormally Prolonged Gestation extends to 300
days
Minimum Period of Gestation Compatible with
Viability of Child a child born at 180 days of
gestation may live; child born before this period
may be born alive but is not viable or capable of
living
Methods of Estimating the Date of Expected
Delivery:
From the date of the first day of the last
menstruation, add seven days and count three
months backward.
Count forward nine calendar months from the
date of the first day of the last
menstruation and add one week.
Count forty weeks or ten lunar months from the
date of the first day of the last menstruation.
Determination of the level of the fundus of the
uterus
MacDonald Method distance from the symphysis
pubis up to the fundus of the uterus in
centimters divided by 3.5 gives the age in
month gestation
Date of the quickening count ahead in 24 weeks
multigravidas and 22 weeks in primagravidas
from date of quickening; found not to be
reliable
Legal Importance:
Pregnancy is a ground for the suspension of the
execution of the death sentence in a woman.
(Art. 83, RPC)
A conceived child is capable of receiving
donation. (Art. 742, NCC)
A conceived child may exercise civil rights. (Arts. 40-
41, NCC)
Concealment of the woman that she is pregnant at the
time of the marriage is a ground for annulment of
the marriage. (Arts. 85-87, NCC)
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Instances Why Some Women Claim Pregnancy Even if
None Exists:
Ground for suspension of death sentence in a
woman
Lawful plea in mitigation when charged with theft
kleptomania may be brought about by
her temporary insanity due to conception
Ground for widows larger claim
Claim for the posthumous child
For black-mailing purposes or inducing a man to
marry her
Instances Why Some Women Deny the Existence of
Pregnancy:
No ground to become pregnant unmarried,
divorced, living separately from husbands; to
defend moral and social reputation
Defense when accused of infanticide or abortion
Marriage inducement
Medical Evidences of Pregnancy:
Presumptive or Probable Signs and
Symptoms
Cessation of menstruation it must be noted that a
woman is capable of menstruating even during
pregnancy during the first three months; nursing
mother may not menstruate
Morning sickness
Changes in the breast
Progressive enlargement of the abdomen at the end of
the third month, the fundus of the uterus is at the
level of the brim of the pubic bone
Changes in color of the vagina and softening of the
cervix
Different Signs to Show Changing of Color:
Jacquemin-Chadwicks Sign pale violet
discoloration of the anterior wall of the
vagina
Hegars Sign bi-manual examination of the
gravid uterus shows extreme softening
of the cervix
MacDonalds Sign softening of the
isthmus, fundus of the uterus is anteflex
Goodells Sign cervix of the uterus feels as
hard as the tip of the nose, no
pregnancy; but when as soft as the lips,
uterus is gravid
 FROGLETS NOTES
Funic souffl or Umbilical souffl whistling
sound synchronous with the fetal heart
Ballottement feeling perceptible to the fingers on
giving sudden impulse to the child through the
neck of the uterus; hand placed on abdomen
Braxton-Hicks Sign rhythmical contraction and
relaxation of the uterus, perceptible to the hand
on the abdomen
Bladder irritability or Frequent urination usually at
second month
Capricious appetite
Abnormality in pigmentation especially in
abdomen and perineum
Easy Fatigability due to weight of the gravid
uterus and insufficiency of nutrient and oxygen
supply to the tissues due to a deviation of a
portion to the growing fetus
B. Positive Signs and Symptoms of Pregnancy:
Hearing of the fetal heart sounds (Mayors Sign)
compared to ticking of a watch under a pillow;
rate is 120-140 beats per minute
Outlining of the fetal parts through palpation
Movement of the fetus (Quickening) at the fifth
month
X-ray Examination
Laboratory Test for Pregnancy:
Pregnancy Slide Test (PST)
Principle an agglutination-inhibition
reaction is used to demonstrate the
hormone human chorionic gonadotropin
(HCG) which is excreted into the urine
during pregnancy
Regeants:
Pregnancy Slide Test antiserum human
HCG antiserum from rabbit
Pregnancy Slide Test antigen HCG
latex suspension, chemically-bound
Procedure:
Place 1 drop of urine then 1 drop of PST
antiserum 1 in one of the circles on the
test slide and mix thoroughly.
Add 1 drop of PST antigen 2.
Shake well and mix well.
Carefully agitate the slide with a
circular motion to ensure that the
fluid revolves slowly within the
circle.
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Read the results after two
minutes.
Interpretation of results:
No agglutination (homogeneous)
pregnant
Agglutination (granular) not pregnant
Sensitivity often possible within 5 days after
missed menstrual period; pregnancy will
be diagnosed 12 days after the missed
menstrual period
Remarks fresh morning urine is preferable and
suitable; if result is doubtful, repeat test
after a few days
Gravindex HCG Slide Test same principle and
procedure involved as PST; Gravindex is merely
a trade name
Signs of Pregnancy in the Dead: (additional findings
to the objective signs already mentioned)
Presence of ovum or fetus
Findings on the uterus itself
Corpus Luteum usually well-developed at the time
of delivery
Proofs of Pregnancy:
Laxity of abdominal wall.
Presence of Striae of pregnancy on the
abdominal wall.
Perineum is lax with a scar if there was previous
laceration. Fourchette is markedly restracted.
Vestige only of the hymen is present.
Breast is lax with enlarged nipples.
Vaginal examination showed previous laceration of
cervix.
Superfecundation is the fertilization made by
separate intercourses of two ova which have
escaped at the same act of ovulation.
Superfoetation is the fertilization of two ova which have
escaped at different acts of ovulation.
Spurious Pregnancy is an imaginary pregnancy
usually observed among women nearing
menopause or younger women who are very
desirous of having children. The patient may
imagine fetal movement which is in reality a
muscle contraction.
Diagnosis of Fetal Death (Proof of Fetal Death):
 FROGLETS NOTES
The size remains stationary even after the lapse of a
number of weeks or months.
Endocrine test for pregnancy is negative on more than
one occasion.
Cessation of fetal movement after they have
been felt.
Absence of fetal heart sounds after repeated and
prolonged examination.
Palpation of softened macerated fetal head with
bones freely movable on each other and the
scalp hanging over a loose sac.
Breasts cease to be enlarged and become soft and
flabby.
In the Philippines, menstruation begins at the age of
12-14 years old and ceases at the age of 45. As
long as the woman starts menstruating, she has
the potential of becoming pregnant.
CHAPTER XXIII
DELIVERY
Delivery is the process by which a woman gives
birth to her offspring.
The study of delivery is important because proof of
delivery is necessary in judicial action on:
legitimacy, abortion, infanticide, concealment of
birth, and in slander or libel.
Methods of Delivery:
Natural Route expulsion of the products of
conception through the normal passage, that is
through the vaginal canal.
Surgical Route expulsion of the products of
conception is not through normal openings of the
female generative tract but through some
artificial openings brought about by surgery.
Signs of Recent Delivery:
Languid look, with pulse and temperature slightly
increased.
Peculiar odor which is present up to the 10th day of
confinement.
Changes in the breast (sensation of tightness in
breasts and milk may be expressed).
Flaccidity of the abdominal wall.
Linea Albicantes (Striae of Pregnancy) present in the
abdominal wall.
Presence of Linea Negra.
Uterus is enlarged and palpable.
Laxity of the perineum with possible tear.
Vaginal canal is lax and with possible lacerations.
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Cervix is the uterus is flabby, patulous and may be
torn.
Presence of lachial disahcrage.
Evidence of placenta, umbilical cord and new-born
child.
Positive pregnancy slide test.
CHAPTER XXIV
ABORTION
Abortion is the expulsion of the contents of a gravid
uterus anytime before full term while others
consider it as the forcible expulsion of the
product of conception anytime before the age of
viability. Viability is at the point at which the
fetus is potentially able to live outside of the
mothers womb, albeit with respiratory aid.
Principal Elements of Abortion:
That the expulsion of the product of conception is
induced.
That the fetus dies either as an effect of the
violence used, drug administered or the fetus
was expelled before the term of its viability.
Clinical Types of Abortion:
Missed Abortion an ovum destroyed by
hemorrhage into the choriospace usually
before the 4th month of the pregnancy.
Threatened Abortion hemorrhage without
dilatation of the internal os.
Inevitable Abortion hemorrhage with dilatation if
the internal os and the presence of rhythmical
pain.
Incomplete Abortion not all products of
conception had been expelled from the uterus;
fragments or portions of which is retained.
Complete Abortion the whole product of
conception is expelled.
Causes of Abortion:
Death of the fetus
Abnormality of the uterus
Emotional condition
Aborifacent drugs
Trauma whether direct or indirect
Hormonal deficiency
Acute specific fever and high temperature
Provisions of the RPC on Abortion:
Intentional Abortion (Elements) a. That
the woman is pregnant.
 FROGLETS NOTES
That violence was applied, or drug was
administered, or a person acts upon such
pregnant woman.
That the effect of such violence, drug, or acts
of the offender, the fetus dies or is
expelled.
That the offender has the intention to abort the
pregnant woman.
Unintentional Abortion (Elements)
The woman must be pregnant.
Violence was applied on such pregnant woman
without the intention of aborting her.
The woman aborted as a result of the
violence.
Abortion practiced by the woman herself or by her
parents (Elements)
The woman is pregnant.
Abortion is intended to be committed.
Abortion is induced by:
The pregnant woman herself.
Other persons with the consent of the
pregnant woman herself.
The parents of the woman, or either of
them for the purpose of concealing her
dishonor and with the consent of the
woman herself.
Abortion practiced by a physician or midwife and
dispensing abortive (Elements)
The woman is pregnant.
The physician induced or assisted in
causing the abortion with the use of
scientific knowledge.
The acts done by the physician or midwife was
intended to cause abortion.
Kinds of Abortion:
Spontaneous Abortion occurs without any
form of inducement or intervention.
Induced Abortion this will not take place had it not
been for some form of inducement or
intervention. Induced abortion may be:
Therapeutic Abortion abortion purposely
done to preserve the life of the mother.
Criminal Abortion done without therapeutic
indication but with criminal intent is
punishable by law.
Post-mortem Abortion is the expulsion of the product
of conception after death of the pregnant
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woman brought about by the post-mortem
contraction of the uterine muscles.
Reasons why some people procure Abortion:
Preserve the life and health of the pregnant
woman.
Terminate prematurely illegitimate pregnancy in
order to conceal the dishonor of the woman.
Financial difficulty.
To preserve body form.
How Abortion is Induced or Procured:
By General Violence includes intentional
violence, exerting strong physical efforts and
other forms of strenuous and exhaustive
exercises.
By Local Violence violence is applied in any
portion of the generative organ. This is usually
resorted to when general violence and the use
of drugs fails to give the desired result. Local
violence may be applied by the pregnant woman
herself, by the physician, midwife or the parents.
By the Use of Drugs
By Surgical Intervention
Modern Methods like Amniocentesis and
Vacuum Suction
Complications of Abortion
Immediate Untoward Effects:
Shock may be due to the laceration of
the uterus or the adjacent organ like
the bladder, rectum, intestine or blood
vessels. The injury may be due to the
introduction of instruments or the
application of hot fluid or corrosive
substances.
Hemorrhage and Anemia Adherent
placental tissue, infection, presence of
foreign bodies and atony of the uterus
may cause hemorrhage for failure of
the uterine muscles to contract.
Embolism: (1) Air Embolism (2) Fat
Embolism (3)Thrombo-Embolism
(4) Bacterial Embolism
Infection Pathogenic organism may be
introduced into the uterus and
produce systemic symptoms. If death
occurs, signs of toxemia may be
observed at autopsy.
 FROGLETS NOTES
Poisoning Lysol, corrosive sublimate,
iodine solution are frequently used for
vaginal douche and may cause
systemic poisoning.
Vaginal Inhibition Sudden dilatation of
the cervix due to the introduction of
some objects may cause sudden
collapse due to reflex inhibition of the
vagus nerve.
Perforation of the bladder or any of
the neighboring organs
Delayed Untoward Effects
Infection The infection may originate
from the vaginal canal or from the
blood stream coming from a focus of
infection in the body.
Fistula Formation Communication
between the vagina or the uterus with
the rectum or bladder may be an
after effect of perforation due to
instrumentation.
Sterility Plugging of the fallopian
tubes, infection of the ovaries may
cause sterility.
Pelvic Adhesion Infection and trauma
may cause the uterus or vagina to
become adherent to the surrounding
organs or tissues.
Medical Evidences of Abortion
Medical Evidences of Abortion in the Living
Presence of external signs of violence in the
form of contusions, abrasions,
hematoma, open wounds of whatever
form on the body surface if induced by
general violence. If violence is applied
locally in the generative tract, injuries
of whatever form or description may be
seen therein
Examination of the generative tract:
Appearance of the
external genitalia and
vagina may show
laceration, contusion,
abrasions and other
marks of
instrumentation.
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Examine the external os for
softness, tear and
discharge.
Note the size of the uterus,
its consistency and
location.
Examination of the instrument used for the
presence of blood, placental tissue or
fetal parts.
History Note the state of health
beforehand after abortion. Inquire as to
the motive of the abortion and history
of having ingested with abortives.
Signs of previous pregnancy:
Condition of the breasts
Laxity of the abdominal wall
Paleness of integument
General body weakness
Presence of
characteristic lochial
discharge and odor
Palpability of the uterus and
laceration of the cervix
and perineum
Examination of the expelled product of
conception
Blood examination for
maternity and paternity
Marks of instrumentation
Signs of physical
violence
Proof of viability or non-
viability of the fetus
Presence of abortives and
other toxic materials in
the fetal blood
Presence or absence of
malformation
Completeness of the
placenta
Other identifying marks
 FROGLETS NOTES
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Laboratory test for pregnancy following: (1) infection (2)

stage of pregnancy (3) other
Testimony of the physician who completed
complication of abortion.
the abortion or of other persons who
witnessed the criminal act Biological test
Medical evidence of abortion in the dead: Paternity test
Aside from the evidences of abortion in the Test for
living which may be found in the dead, pregnanc
the following may be observed at
autopsy: Examination of some
untoward effects of
Evidence of abortion: (1) infection,
instrumentatio toxemia or bacteremia (2)
n embolism (3) fistulae
formation (4) pelvic
This will include the
adhesions.
presence of
punctured wounds Therapeutic Abortion
in the placenta,
presence of An abortion which the law allows under
remnants of the some justifications
placenta inside the Legal Justification to Therapeutic Abortion
uterine cavity,
presence of Art. 11, No. 4, Revised Penal Code
perforation of the Any person who, in order to avoid
uterus. an evil or injury, does an act
Examination of stomach which causes damage to
and its contents: another, provided that the
following requisites are
Abortifacent drugs and present: (1) that the evil
other irritants may sought to be avoided actually
be found inside exists; (2) that the injury
the stomach upon feared be greater than that
chemical done to avoid it; (3) that
examination. there be no other practical
and less harmful means of
Examination of the kidneys
preventing it.
and other organs for
irritants In the performance of an abortion, two
lives are involved, namely, the life of
Like the stomach and
the mother and the life of the fetus.
its contents, other
One life must be sacrificed to save
organs like the
the life of another in case of
kidneys, liver,
therapeutic abortion.
spleen must be
subjected to a The evil sought to be avoided is the danger
qualitative and on the life of the mother if such
quantitative pregnancy will be allowed to continue.
examination for the Such evil may be infection, organic
presence of irritant condition or abnormality existing on the
poisons. person of the woman and which under
ordinary course of event will cause
Examination of uterine
death.
contents - Remnant of the
product of conception for the

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 FROGLETS NOTES
In the evaluation as to whose life must be
spared, it is a common concept that the
life of the mother must be preferred
than that of the unborn child. A
conceived child is not definitely sure of
its independent existence while the
mother has already manifested real life.
Grounds for Therapeutic Abortion:
Cardio-vascular conditions as congestive heart
failure, auricular fibrillations, repeated
hemoptysis, paroxysmal tachycardia.
Renal conditions as chronic nephritis, previous
eclampsia, pyelitis, tuberculosis
Pulmonary conditions as advanced tuberculosis.
Blood condition as severe anemia.
Gynecological conditions as refractory chorea
gravidarum.
Organic nervous conditions as psychosis.
Miscellaneous conditions as diabetes,
exophthalmic goiter.
Hereditary conditions as insanity.
Is the eminent danger of committing suicide on account
of her existing pregnancy be a ground to induce
therapeutic abortion to save the life of the woman?
Hatchard v. State (48 N.W. 380 Wis.) a woman who
threatened to commit suicide unless she could be
relieved of the child with which she was pregnant
does not present such a necessity for the
performance of the operation to save the life of the
woman. The intention of the law applies only to
cases where death of the mother might reasonably
be anticipated from natural causes unless the
product of conception is destroyed.
In a case cited by Camp and Purchase (Practical
Forensic Medicine, p. 32, 1957), a married
woman with unstable character finding herself
pregnant, threatened to commit suicide. The
physician whom she repeatedly made her threat
during her unexpected visits referred her to a
psychiatrist who recommended abortion. The
operation was carried on by a reputed
gynecologist but unfortunately, the patient died of
gangrene of the uterus. The coroner did not
recommend prosecution because the operation
was done to save the life of the mother.
Safeguards to be Observed by Physician in
Performing Therapeutic Abortion:
The lawful abortion must be performed by a
licensed physician or surgeon.
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Abortion in order to be justifiable must be performed
to save the life or to preserve the health of the
mother. But modern advancement of medical
science has reduced the number of diseases
which will endanger the life and health if
pregnancy is allowed to progress to full term. A
physician must exercise due diligence in
considering a disease or a combination of
diseases or conditions as grounds for the
therapeutic abortion.
Abortion must be performed openly in a hospital to
avoid suspicion that it was done for some cause
other than to save the life of the mother. Abortion
performed in a private clinic wherein there are no
sufficient facilities to cope with emergency which
may arise in the course of the operation may be a
ground for malpractice.
It is advisable to have the opinion of other
competent physicians as to the justifiability of
such therapeutic abortion. The opinion of one
might be influenced by prejudice and
misjudgment.
Enlightened and expressed consent must be
obtained from the woman herself if she has no
impediment to give consent. It is advisable to
have also the consent of the husband, inasmuch
as abortion will affect marital relationship.
Reasons Why It Is Difficult to Prosecute
Physicians Committing the Crime of Abortion
The crime is performed clandestinely by an intelligent
being who is fully aware of his criminal act.
The physician has several medical reasons to justify
his act. There is no hard and fast rule in
medicine. He may claim that there is medical
justification to such abortion because the woman
is suffering from a disease which might imperil
her life if pregnancy will be allowed to progress
to full term.
In most cases, the products of conception removed
which may be utilized as corpus delcti in the
crime is lost.
The pregnant woman herself is in connivance with
the physician and it is quite difficult to let her
testify truthfully as to the actual happening. She,
herself, is in pari delicto to the crime of criminal
abortion.
 FROGLETS NOTES
Summary of Legal Medicine
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Medical society seems to have a lukewarm Still Birth when the child has not breathed or has
attitude in helping the state prosecute the not shown any sign of life after being
abortionist. completely born.
Causes of Still Birth
CHAPTER XXV
Immaturity
BIRTH
Congenital diseases or
malformation
Legal Importance of the Study of Birth
General debilitating
Birth determines personality: diseases (acute
Art. 40,Civil Code: Birth determines specific infection,
personality; but the conceived child toxemia, kidney
shall be considered born for all disease, acute liver
purposes that are favorable to it, disease, septicemia)
provided it be born later with the Local disease of the
conditions specified in the generative organ
following article. (syphilis; ablation
Art. 41, Civil Code: For civil purposes, the placenta, intra-
foetus is considered born if it is alive at placental
the time it is completely delivered from hemorrhage, or
the mothers womb. extensive infarction;
However, if the foetus had an intra- kind of the cord;
uterine life of less than seven months, placenta previa
it is not deemed born if it dies within Accidents in the
twenty-four hours after its complete delivery
delivery from the maternal womb. Violence, either
Appearance of a child is a ground for the deliberate or
revocation of donation: accidental at birth.
Art. 760, Civil Code: Every donation inter
Live-Birth the child after birth exhibited clear signs
vivos, made by a person having no
of vitality and viability is not necessary.
children or descendants, legitimate or
legitimated by subsequent marriage, or In law, the presumption is every newborn child
illegitimate, may be revoked or found dead was born dead. The burden of
reduced as provided in the next article, proof lies on those who declare otherwise.
by the happening of any of these To have a child acquire a personality
events. (1) if the donor, after the distinct as that of the mother, there must be
donation has legitimate or legitimated proof of life after complete separation from
or illegitimate children, even though the mothers womb.
they be posthumous.
Proof of live-birth must first be shown before death Proofs of Live Birth
of the child by the prosecution in the case of Presence of Heart Action and
infanticide: Circulation
Art. 255, RPC Infanticide: The penalty
provided for parricide (reclusion Movement of the Child and Crying
perpetua to death) in article 246 and for Presence of Respiration
murder (reclusion temporal in its
maximum period to death) in article Examination of the Stomach and
248 shall be imposed upon any person Intestine
who shall kill any child less than three Changes in the Middle Ear
days of age. (Wredins Test: The middle ear of
Birth may be: the a child before birth is filled with
gelatinous, embryonic connective

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 FROGLETS NOTES
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tissue. This disappears after the

birth of the child.))
Condition of the Skin
Marks of Violence
Changes in the Umbilical Cord
Condition of the Heart and Blood
Vessels
Proof of Live-Birth can be deduced in the following:
Well-developed signs of breathing
Presence of air or food in the stomach
Changes having taken place in the region of the
umbilicus
If born alive, how long did the child survive?
If Born Alive, How Long Did the Child Survive?
It is not possible to determine the exact length It is not possible to determine the exact length of time
of time the child has lived after birth, but that the child has lived after birth.
an approximate idea may be formed after An approximate may be formed after consideration of
consideration of the following points: the following points:
Changes in the skin
Changes in the skin At birth body of the child is
Presence of caput succedaneum bright-red in color; covered
with vernix caseosa which
Changes in the umbilical cord may be present up to 2 days
Changes in the circulation At a weeks time normal color of
the skin
Signs of Maturity of the Child at Birth First 3 days after birth exfoliation
Length of the fetus 50 centimeters of the skin in the abdomen
Presence of Caput Succedaneum
Weight 3.0 kilos If present the child was born
Lanugo hair almost disappeared with head presentation
There are color changes in the
Limbs and body plump course of its absorption
The Caput lasts up to the 7th day
Face lost its wrinkles
Skin covered with vernix caseosa
Head covered with hair about 2 inches long

Proof of Live-Birth can be deduced in the following:

Well-developed sings of breathing

Presence of air or food in the stomach
Changes having taken place in the region of the
umbilicus

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 FROGLETS NOTES
Changes in the Umbilical Cord
Mummification of the cord does
not occur if the child is
submerged in water after
birth
A mummified cord may again be
soft after continuous soaking
in water
Changes in the Circulation
Umbilical artery begins to contract
about 10 hours after birth
Umbilical vein and ductus venosus
obliterate 4th and 5th day
Ductus arteriosus on the 3rd day
Foramen ovale closes on the 2nd
or 3rd month
Signs of maturity of the child at birth
Length of the fetus 50 cm
Weight 3 kg
Lanugo hair almost disappeared
Limbs and body plump
Face lost its wrinkles
Skin covered with vernix caseosa (waxy or cheese-
like white substance found coating the skin of
newborn human babies)
Head covered with haird about 2 inches long
Nails project from the fingers; toe-nails reach only to
the end
One or both testes are in the scrotum, or labia have
close the vulva
Lower end of femur may show center of ossification
about 0.6 cm in diameter
CHAPTER XXVI
INFANTICIDE (NEONATICIDE)
Infanticide - The killing of a child less than 3 days old.
RPC. Art. 255. Infanticide. The penalty
provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any
person who shall kill any child less than three
days of age.
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If the crime penalized in this article be committed
by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the
penalty of prision correccional in its medium and
maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall
be prision mayor.
Penalties
If killing done by parents, grandparents, or other direct
ascendants penalty: parricide
If killing done by any other person penalty: murder
If killing done by mother or maternal grandparents for
the purpose of concealing her dishonor
lenient penalty
Problems:
Infancy is the period in the life of a child from birth up
to one year.
Why is the crime of infanticide applied only
to kiiling of less than 3-day old infant
rather than within the 1st year of the life
of the child?
When the head and neck of the child are already out
of the birth canal and the child has breathed
through the lungs but the child is not yet capable
of independent existence and it was deliberately
put to death, is it considered infanticide?
When a child was born less than 7 months of
uterogestaton. With modern neonatal
management, the child had all the chances to
live. After a few hours after birth, the chold was
deliberately killed. Is the killing a case of
infanticide? Can the crime of infanticide be
committed on someone who is not yet a person
as contemplated by law?
Motives for committing infanticide
To conceal dishonor (single, widowed, estranged from
husband, living separately from husband)
Financial reason
Desired number of children has already been attained
(substitute for ineffective family planning)
Congenital abnormality of the child
Mental abnormality of the parent
 FROGLETS NOTES
Belief that child will bring bad luck to the family
Criminological Characteristics of infanticide
Most often committed by the mother
Almost always committed at home
Crime scene: no manifest disturbance, no witnesses,
no noise, no outcry
Trauma applied is so minimal
A newly born child found dead was born dead. Burden
of proof that a living child has been killed is
placed on the prosecution
What must be proven by evidence
That the child was born alive
That the child was deliberately killed
That the child killed was less than 3 days old
How Infanticide is committed
By omission or neglect
Failure to ligate the umbilical cord (if not cut
or not tightly ligated, child may bleed to
death)
Failure to protect the child from heat and
cold (depriving the child of necessary
clothing)
Failure to take the necessary help of a
midwife or a skilled physician
Failure to supply the child with proper food
(child starved to death)
Failure to remove the child from the
mothers discharge which resulted to
suffocation
By commission
Inflicting physical injuries (use of kitchen
utensils, hard or sharp objects)
Suffocation
Strangulatioin
Drowning (child disposed in a sewerage
disposal in a creek)
Poisoning
Burning
Delibreate exposure to heat cold (direct
sunshine, basin of cold water)
Post-mortem findings in cases of infanticide
Complete examination of skin surfaces
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Presence of marks of physical violence
(fingernail marks at the neck)
Abrasion
Contusion
Hematoma
Lacerated wounds
Ligature or pressure marks on the neck
Examination of mouth and upper portion of the
alimentary tract (the tubular passage extending
from the mouth to the anus, through which food
is passed and digested)
Can show signs of poisoning
In case of poisoning, the organs must be preserved
and sent to a competent toxicologist for proper
analysis
Laceration or other injury of the upper portion of air
passage
Lungs may show signs of drowning
Fracture of the bones, laceration of the internal organs
CHAPTER XXVII
PATERNITY AND FILIATION
Paternity civil status of the father with respect to the
child begotten by him
Filiation civil status of the child in relation to its mother
or father
Legal importance of determining paternity and filiation
For succession
Right of legitimate children is different from
that of illegitimate childrem
For enforcement of naturalization and immigration
laws
Naturalized citizens give ipso facto
Philippine citizenship to their minor
children. Thus, the minors must prove
that they are legitimate children of the
naturalized citizen.
A minor child of a naturalized or permanent
resident alien may be given the right to
land in the Philippines upon proof that
he is a legitimate child of the latter.
 FROGLETS NOTES
(Hello blockmates, the book used provisions from the Civil
Code re: Paternity and Filiation but I think we now use the
Family Code for this so I will put here the relevant FC
provisions instead. Thanks.)
Kinds of Children
Legitimate Children
Who are considered legitimate children
Children conceived or born during the
marriage of the parents
Children conceived as a result of artificial
insemination of the wife with the sperm of
the husband or that of a donor or both are
likewise legitimate children of the
husband and his wife, provided, that both
of them authorized or ratified such
insemination in a written instrument
executed and signed by them before the
birth of the child. The instrument shall be
recorded in the civil registry together with
the birth certificate of the child.
Grounds to impugn legitimacy of a child:
That it was physically impossible for the
husband to have sexual intercourse with
his wife within the first 120 days of the
300 days which immediately preceded the
birth of the child because of:
the physical incapacity of the husband
to have sexual intercourse with
his wife;
the fact that the husband and wife
were living separately in such a
way that sexual intercourse was
not possible; or
serious illness of the husband, which
absolutely prevented sexual
intercourse;
That it is proved that for biological or other
scientific reasons, the child could not
have been that of the husband, except in
the instance provided in the second
paragraph of Article 164; or
That in case of children conceived through
artificial insemination, the written
authorization or ratification of either
parent was obtained through mistake,
fraud, violence, intimidation, or undue
influence.
The child shall be considered legitimate although the
mother may have declared against its
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legitimacy or may have been sentenced as an
adulteress.
If the marriage is terminated and the mother
contracted another marriage within three hundred
days after such termination of the former
marriage, these rules shall govern in the absence
of proof to the contrary:
A child born before one hundred eighty days
after the solemnization of the subsequent
marriage is considered to have been
conceived during the former marriage,
provided it be born within three hundred
days after the termination of the former
marriage;
A child born after one hundred eighty days
following the celebration of the
subsequent marriage is considered to
have been conceived during such
marriage, even though it be born within
the three hundred days after the
termination of the former marriage.
The legitimacy or illegitimacy of a child born after
three hundred days following the termination of
the marriage shall be proved by whoever alleges
such legitimacy or illegitimacy.
The action to impugn the legitimacy of the child shall
be brought
Within 1 year from the knowledge of the birth
or its recording in the civil register, if the
husband or, in a proper case, any of his
heirs, should reside in the city or
municipality where the birth took place or
was recorded.
If the husband or, in his default, all of his heirs
do not reside at the place of birth as
defined in the first paragraph or where it
was recorded, the period shall be two
years if they should reside in the
Philippines; and three years if abroad.
If the birth of the child has been concealed
from or was unknown to the husband or
his heirs, the period shall be counted from
the discovery or knowledge of the birth of
the child or of the fact of registration of
said birth, whichever is earlier.
The heirs of the husband may impugn the filiation of
the child within the period prescribed in the
preceding article only in the following cases:
If the husband should died before the
expiration of the period fixed for bringing
his action;
 FROGLETS NOTES
If he should die after the filing of the complaint
without having desisted therefrom; or
If the child was born after the death of the
husband.
Legitimated Children
Children conceived and born outside of wedlock of
parents who, at the time of the conception of the
former, were not disqualified by any impediment
to marry each other may be legitimated.
Legitimation shall take place by a subsequent
valid marriage between parents. The
annulment of a voidable marriage shall
not affect the legitimation.
Legitimated children shall enjoy the same
rights as legitimate children.
The effects of legitimation shall retroact to the
time of the child's birth.
The legitimation of children who died before
the celebration of the marriage shall
benefit their descendants.
Legitimation may be impugned only by those
who are prejudiced in their rights, within
five years from the time their cause of
action accrues.
Adopted Children
Who may adopt
Any Filipino citizen of legal age, in
possession of full civil capacity and legal
rights, of good moral character, has not
been convicted of any crime involving
moral turpitude, emotionally and
psychologically capable of caring for
children, at least sixteen (16) years older
than the adoptee, and who is in a position
to support and care for his/her children in
keeping with the means of the family. The
requirement of sixteen (16) year
difference between the age of the adopter
and adoptee may be waived when the
adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's
parent;
Any alien possessing the same qualifications
as above stated for Filipino nationals:
Provided, That his/her country has
diplomatic relations with the Republic of
the Philippines, that he/she has been
living in the Philippines for at least three
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continuous years prior to the filing of the
application for adoption and maintains
such residence until the adoption decree
is entered, that he/she has been certified
by his/her diplomatic or consular office or
any appropriate government agency that
he/she has the legal capacity to adopt in
his/her country, and that his/her
government allows the adoptee to enter
his/her country as his/her adopted
son/daughter: Provided, Further, That the
requirements on residency and
certification of the alien's qualification to
adopt in his/her country may be waived
for the following:
a former Filipino citizen who seeks to
adopt a relative within the fourth
(4th) degree of consanguinity or
affinity; or
one who seeks to adopt the
legitimate son/daughter of
his/her Filipino spouse; or
one who is married to a Filipino
citizen and seeks to adopt
jointly with his/her spouse a
relative within the fourth (4th)
degree of consanguinity or
affinity of the Filipino spouse; or
The guardian with respect to the ward after
the termination of the guardianship and
clearance of his/her financial
accountabilities.
Husband and wife shall jointly adopt, except in
the following cases:
if one spouse seeks to adopt the
legitimate son/daughter of the
other; or
if one spouse seeks to adopt
his/herownillegitimate
son/daughter: Provided,
However, that the other spouse
has signified his/her consent
thereto; or
if the spouses are legally separated
from each other.
In case husband and wife jointly adopt, or one
spouse adopts the illegitimate
son/daughter of the other, joint parental
authority shall be exercised by the
spouses.
Who may be adopted
 FROGLETS NOTES
Any person below eighteen (18) years of age
who has been administratively or judicially
declared available for adoption;
The legitimate son/daughter of one spouse by
the other spouse;
An illegitimate son/daughter by a qualified
adopter to improve his/her status to that
of legitimacy;
A person of legal age if, prior to the adoption,
said person has been consistently
considered and treated by the adopter(s)
as his/her own child since minority;
A child whose adoption has been previously
rescinded; or
A child whose biological or adoptive parent(s)
has died: Provided, That no proceedings
shall be initiated within six
(6) months from the time of death of said
parent(s).
Illegitimate Children
Children conceived and born outside a valid marriage
are illegitimate, unless otherwise provided in this
Code.
B. Illegitimate Children
Those who were born out of lawful wedlock or
after a competent time after its dissolution.
Natural Children:
a. Natural Children (Proper):
-those born outside wedlock of parents
who, at the time of the conception of the former,
were not disqualified by any impediment to
marry each other (Art. 269, Civil Code).
b. Natural Children by Legal Fiction:
-those children born out of void
marriages or those born of voidable marriages
after the decree of annulment.
c. Natural Children by Presumption:
-those natural children acknowledged
by the father or the mother separately if the
acknowledging parent was legally competent to
contract marriage at the time of conception.
Spurious Children:
Illegitimate children who are not natural.
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a. Adulterous Children:
children conceived in an act of
adultery or concubinage.
Sacrilegious Children:
-children born of parents who have
been ordained in sacris (priest and nun).
c. Incestuous Children:
-children born by parents who are
legally incapable of contracting valid marriage
because of their blood relationship.
d. Manceres:
-children conceived by prostitutes.
Civil Liability of Persons Guilty of Crimes Against Chastity:
Art. 345, Revised Penal Code:
Persons guilty of rape, seduction or abduction
shall also be sentenced:
To indemnify the offended woman.
To acknowledge the offspring, unless
the law should prevent him from so
doing.
In every case to support the
offspring.
The adulterer and the concubine may also be
sentenced, in the same proceeding or in a
separate civil proceeding, to indemnify for
damages caused to the offended spouse.
In cases of multiple rape, the offenders may not be
required to recognize the offspring.
If the woman abused is married, the child born
subsequently cannot be recognized and support
cannot be demanded from the offender.
Evidence of Paternity and Filiation
A. Medical Evidences
1. Parental Likeness:
-Heredity transmits traits and
characteristics from parents
to the offsprings.
-There must be some gross
manifestation of the children
which may be in common
with the father.
 FROGLETS NOTES
2. Blood Grouping Test:
-blood type of the child is a
possible product of the
parents not conclusively
show that the child is born by
such parents.
-blood type of the child is not
the possible product of the
parents conclusively show
that the child is not that of the
husband.
Evidences from the Mother:
Proofs of Previous
Delivery:
-supposed mother
may be subjected to
an examination to
determine the
presence of signs of
previous childbirth
and which are
compatible with the
age of the child.
Proofs of Physical Potency
and Fertility:
-the woman may
be manifesting
some acquired or
congenital defect
wherein impotency
may be inferred.
-fertility may be
inferred from the
presence of other
pregnancies and
the absence of
organic
abnormalities of the
generative system.
Proof of Capacity to have
Access with the Husband:
-general physical
examination of the
woman is
necessary to
determine whether
she is physically
capable of having
sexual intercourse The standard method of reproduction is the
with her husband.
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Evidences from the Father:
Proof of Physical Potency
and Fertility:
-medical
examination must
be done whether
husband is capable
of erection.
-examination of
spermatozoa in the
seminal fluid is
necessary to
determine fertility.
-presence of
disease, congenital
or acquired
abnormalities, etc.
may be factors that
may bring about
impotency or
sterility.
Proof of Access:
-physician must
determine the
health and vigor of
the father, the
presence of
disease, which may
bring about his
incapacity to
perform sexual
intercourse.
B. Non-medical Evidences
Record of birth in the Civil Registrar, or
by an authentic document or a final
judgment (Art. 265, Civil Code).
Continuous possession of the status
of a legitimate child (Art. 266, Civil
Code).
Any other evidences allowed by the
Rules of Court and special laws (Art.
267, Civil Code).
CHAPTER XXVIII
PATERNITY AND FILIATION ON NON-
CONVENTIONAL
METHODS OF PROCREATION
introduction of the male sperm into the
generative organ of a female through sexual
intercourse followed by fertilization, growth and
 FROGLETS NOTES
development of the conceptus and its
subsequent delivery.
However, modern advancement of medicine
modified the conventional method as a solution
to some specific problems of reproduction.
Artificial Insemination
A medical procedure by which the semen is
introduced into the vagina by means other than
copulation for the purpose of procreation.
therapeutic insemination more suitable
term for the procedure.
Artificial Insemination Classified According to the
Source of Semen:
A.I.H. (Artificial Insemination Homologous,
Artificial Insemination Husband) Sperm
comes from the husband.
A.I.D. (Artificial Insemination Donor, Artificial
Insemination Heterologous) Sperm comes
from a donor other than the husband.
A.I.H.D. (Artificial Insemination Husband Donor,
Polled Donor Semen) Donor semen comes from
the husband and a third party donor.
Medical Indications for Artificial Insemination:
For A.I.H.:
When the deposition of the
husbands semen within the vagina is by coitus;
When the infertility is due to poor
motility, paucity or otherwise defective
sperm cells or too small a volume of
the ejaculant.
For A.I.D. or A.I.H.D.:
Absolute male sterility
(Azoospermia);
Oligospermia Less than 10-15
million sperm per cc. of semen
with infertility of long duration;
Hereditary disease in the husband
making propagation inadvisable for
eugenic reason; or
An Rh blood incompatability is
expected to cause an abnormal baby
on situations where other techniques to
overcome such incompatability are not
applicable.
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Selection of Donor of Semen:
In A.I.D., the selection of the appropriate donor of
semen resides in the physician.
If the child born becomes defective which can be
traced from a physicians negligence or
carelessness in choosing the donor, the
physician may be held liable.
Obligations imposed on a physician in the
selection of donors:
Proper screening must be made of
the donor.
Donor must have the racial
characteristic and physical proportion
as those of the husband and wife and
the blood type must be compatible with
A.B.O. and Rh genotype of the wife.
Physician must ensure that the identity
of the donor is not known to the
parents and vice versa.
Complete physical examination with
standard test for syphilis and
gonorrhea is obtained not more than 1
week before the seminal fluid is
collected.
Precautions to be Observed by the Physician in
Performing Artificial Insemination:
Physician should make certain by reasonable
testing that the procedure is medically indicated
for the couple. Husband is infertile and such
condition is permanent.
Physician should establish by proper
evaluation that the couple is emotionally stable
and psychologically suited for this type of
parenthood.
Physician must use all reasonable precautions in
selecting the donor.
Physician must, under no circumstances except
by court order, reveal the fact of artificial
insemination or the identity of the donor or of
the couple to each other or to other persons.
Physician must use freshly donated sperm or
frozen semen.
The insemination procedure must be
performed by the physician in accordance with
the currently accepted techniques.
 FROGLETS NOTES
Full and valid consents and releases should be
obtained in writing from all parties involved, and each
consent must be an informed consent.
Status of the Child Born by Artificial Insemination:
1. In A.I.H. child is a legitimate child of the
husband.
In A.I.D., with consent of the husband child is
legitimate although the fertilization semen is not
from the husband.
In A.I.D., without consent or against the will of
the husband child is illegitimate
Consent on A.I.D.:
The consent and release for any future claim
must be obtained by the physician from all
parties in writing.
Consent of wife is necessary to avoid being held
liable for an assault.
Consent of husband is necessary to avoid the wife
being charged with adultery
Consent and release of the donor should be
obtained for the unrestricted use of the
semen supplied
Donor should also certify in writing that he will
make no effort to ascertain the identity of the
couple involved.
If the donor is married, consent of the wife must also
be obtained
In Vitro Fertilization
Also known as test tube baby, it is the fertilization of
the egg cell by the sperm cell extracted from the
respective donors placed in an artificial medium
and after reaching a certain stage of cellular
division and development:
Implanted into the womans uterus,
or
Gestation (development of the embryo
to a child) in an artificial womb.
o Ectogenesis (extra
corporeal
gestation)
whenever the
embryo is allowed
to develop in an
artificial womb
Procedure of In Vitro Fertilization:
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Process begins with injections into the oocyte
(ovum) donor of a hormone known as
gonadotropin, which induces super-ovulation.
Approximately 30 hours later, the oocytes are
removed from the ovary by laparoscopy, a
surgical procedure accomplished by inserting
two thin glass tubes into the ovary through a
small incisiom in the abdomen.
The removed oocytes are placed in a Petri dish or a test
tube containing growth medium simulating the
environment of the womans body.
The oocytes are then fertilized by a sperm which has
been held in vitro.
The resulting conceptus, after it divides and
grows for a few days until it reaches the
blastocyst stage (stage at which the embryo
normally enters the uterus), is then inserted
through the vagina and cervix into the uterus
where it is implanted at a proper time in
menstrual cycle.
After successful transplantation, the woman
carried the blastocyst to term.
Possible Situations in In Vitro Fertilization:
The ovum removed from the wife is fertilized by
the husbands sperm and the resulting
zygote is implanted into the wifes uterus.
The ovum removed from the wife is fertilized by the
sperm coming from a third party (sperm donor)
and is implanted into the wifes uterus.
The ovum coming from a third party (ovum donor) is
fertilized by the husbands sperm and the
blastocyst is implanted into wifes uterus.
The ovum taken from the ovum donor is
fertilized by the sperm coming from the
sperm donor and the blastocyst is implanted
into the wifes uterus.
The ovum removed from a single woman is
fertilized by the sperm taken from a male donor,
the blastocyst is implanted into the single
womans uterus.
The ovum removed from the wife is fertilized by
the husbands sperm and the blastocyst is
implanted to a host or surrogate.
 FROGLETS NOTES
Summary of Legal Medicine
Book by Solis

The ovum coming from the wife is fertilized Problems in In Vitro Fertilization:
artificially by the sperm coming from the sperm
donor and the blastocyst is implanted into the The probability that the child to be born will be
surrogates uterus. defective.
-Some of the probable causes of
The ovum coming from the ovum donor is the birth of a defective child:
fertilized by the sperm coming from the Administration of hormone
husband and the blastocyst is placed to the prospective source of
into the surrogates uterus. ovum
Mechanical manipulation of
The ovum coming from the ovum donor is the oocyte and embryo
fertilized by the sperm coming from the Mistake in the screening
sperm donor and the blastocyst is implanted process or selection of the
into the surrogates uterus. best ovum for fertilization
Defective donors (sperm
Basis of Legality of In Vitro Fertilization: or ovum)

No person shall be deprived of life, liberty, or -A physician need not fear too much of
property without due process of law, nor shall the possible liability on account of a
any person be denied the equal protection of the defective child because:
laws. (Art. III, Sec. 1, 1987 Constitution) a. The plaintiff will find
From the term liberty emanates the difficulty in proving
right of privacy negligence because birth
The right of privacy means the right to be left alone. defects are well known to
It is the right of an individual to the possession occur in normal or natural
and control of his own person, free from all pregnancies.
restraints or interference of others, unless by b. Prospective parents are
clear and unquestionable authority of law. It is normally briefed of the
the right of parents or guardians to establish potential risks of the
their family life as they see fit. procedure before their
Other implication of the right of privacy which may be the consent is obtained.
basis of legality of in vitro fertilization: c. In vitro fertilization has yet
o Right of procreation A ban on the to evolve a clearly defined
use of in vitro fertilization would standard of care by which to
prevent an individual from using means determine whether the action
to fulfill his or her procreative mission. of the physician is negligent.
o Right of marital privacy Prohibition of d. The plaintiff is required to
in vitro fertilization as a way to have meet the difficult task of
children will mean government proving negligence.
intrusion into the marital bedroom in
search of evidence for violating the law. -Social Problem in In Vitro Fertilization:
o Right to decide whether to bear or
The progress of science
beget The right of a person to must be geared towards
determine whether to carry or not to improvement in the quality of
carry a product of conception, to be men and not towards
or not to be a mother or to raise or retrogression or deterioration.
not to raise a family.
o Right of self-determination Every
2. Problem of surrogate mother:
human being of adult age and of sound -Reasons why the services of a
mind has the right to determine what
surrogate mother may be necessary:
shall be done on his own body.
a. Necessity

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 FROGLETS NOTES
Genetic mother is unable to
carry the child to term
because of disease or injury.
Genetic mother may believe
either that she is too old to
safely carry a child to term, or
that the child may be born with
abnormalities.
Genetic mother may possess
deleterious genetic traits
which may be passed on to
the child.
Couple is unable to adopt a
child.
b. Convenience
A woman may not want to
interrupt her career during the
gestational period.
-Motivation of a woman to become
a surrogate mother:
a. Altruistic motive
b. Material consideration
If the surrogate mother merely
receives all expenses incurred
in carrying the fetus to term
and then delivered: altruistic
motive
If payment is beyond the
reasonable cost of
pregnancy, it is tantamount to
rental for the use
of the uterus.
-Problems that may arise in the
agreement in the use of surrogate
mother for gestational purpose:
a. If the surrogate mother
decided to abort the child
contrary to the wish of the
genetic parents.
b. The surrogate mother may
decide to keep the child after
birth rather than surrender
him to the genetic parents.
c. The parents may decide to
abort the child because of the
fear that abnormality may be
present but the surrogate
mother refuses to do so.
d. If the child was born with
abnormality and the parents
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Summary of Legal Medicine
Book by Solis
refused to take the child from
the surrogate mother.
e. Can the couple enforce the
contract in the event that the
surrogate mother committed
other breaches?
f. Is there a need to go
through the procedure of
adoption in order to
legitimatize the child at birth?
-Potential solution to the problems of
surrogate mother:
a. By contract There must
be a contract specifically
mentioning the rights and
duties of each party.
b. By legislation The court
is bound to enforce the
legislation unless found to be
unconstitutional. (better
solution)
Problem of the status of the child born by in
vitro fertilization (please refer to possible
situations in in vitro fertilization portion above)
Situation 1 Child is legitimate
Situation 5 Child is illegitimate
Situation 2 and 3 Child may still be
legitimate if there is consent of the
sterile party to the in vitro fertilization.
If child is not considered legitimate,
adoption may be done
The status that the child
may be a problem may
change if the in vitro
fertilization was done with
the knowledge and consent
or against the will of the
sterile spouse.
Situation 4, 6, 7, 8 and 9 Genetic
parents are different from the
gestational mother. Adoption may be a
legal remedy provided there is no
impediment to the application of the
procedure, otherwise a special
legislation may be necessary.
Other Non-Conventional Methods of Procreation
Artificial Inovulation The removal of an
unfertilized egg from a woman and placing it on
the reproductive tract of another woman.
 FROGLETS NOTES
Summary of Legal Medicine
Book by Solis

Embryo Transplantation The removal of a

fertilized egg from a womans uterus to
transfer to that of another womans uterus.
Parthenogenesis (Virgin Birth) A
type of sexual reproduction whereby the
unfertilized egg with 23 chromosome
compliment doubled its content to become a
diploid cell that starts dividing as if it is a
fertilized egg without the intervention of a male
sperm cell, the resulting offspring is a female.
Cloning A type of sexual reproduction whereby
the nucleus of a female egg is removed
(enucleation) which contains the genetic
material and replaced with the nucleus of a body
(somatic) cell of the same or another woman
(renucleation). The renucleated egg is then
placed in a uterus for gestation and normal
development. Resulting offspring is genetically
identical to the parent.

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