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
1. Photographs, audio and/or video tape, microfilm, Photostat, Xerox, voice tracing, etc.
2. Sketching- rough drawing of the scene or object
to be preserve is done. It must be simple,
identifying significant items and with exact
measurement.

TYPES OF MEDICAL EVIDENCE

1. 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:
a) 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.
b) 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.

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.
2. 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 on
account of his training
and experience can
give his opinion on a
set of medical facts.
He can deduce or
infer something,
determine the cause
A physician who
of death, or render
testifies in court on
opinion pertinent to
matters perceived from
the issue and medical
his patient in the course
nature.
of physician-patient
(Sec. 48-49, Rule
relationship.
130)
(Sec. 20, Rule 130,
The probative value of
Rules of Court)
the expert medical
Exception: Privilege of
testimony depends
Communication
upon the degree of
between physician and
learning and
patient.
experience on the line
(Sec. 24 c, Rule 130)
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.

3. 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.
4. Documentary Evidence- Medical Documentary
Evidence may be:
a. Medical Certification or Report on:
i. Medical examination
ii. Physical examination
iii. Necropsy/ autopsy
iv. Laboratory
v. Exhumation
vi. Birth
vii. Death
b. Medical Expert Opinion
c. Deposition
5. Physical Evidence these are articles and
materials which are found in connection with the
investigation and which aid in establishing the
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:
a. Corpus Delicti Evidence objects or
substances which may be a part of the
body of the crime.
b. Associative Evidence- these are
physical evidence which link a suspect
to the crime.
c. Tracing Evidence- these are physical
evidence which may assist the
investigator in locating the suspect.

1. What are the importance of electronic evidence in the field of legal medicine?

a. It may be used as evidence