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CHAPTER 1

LEGAL MEDICINE
Legal Medicine
- Is that branch of medicine that applies, medical and surgical
concepts, scientifc knowledge and skills to medico legal issues, in
order to assist the trier of facts in the proper dispensation of justice.
Medical Jurisprudence
- is the study of the Medical Law and its applicable Jurisprudence that
goerns, regulates and defnes the practice of medicine.
In the !hilippines, Legal Medicine is the appropriate name for "orensic
Medicine.
Modern Legal medicine has a broad range of applications, it is used in
ciil cases such as paternity and fliation, annulment of marriage, #$%
testing , etc.
In all cases the medical e&aminer must conduct an inestigation of the
crime scene and also an autopsy.
'()*$I+,(- ." L(/%L M(#I)I$(0
- Legal Medicine uses sophisticated laboratory techni1ues to detect
the presence L(/%L M(#I)I$(.doc&of substances in the ictim, in
the suspected criminal, or at the crime scene.
- "orensic e&amination of substances found at a crime scene can
often establish the presence of the suspect at the crime scene.
L(/%L M(#I)I$( %$# '*( L(/%L -2-'(M
- )ourts routinely call upon physicians to gie e&pert testimony in a
trial, especially concerning the fndings of an autopsy and the
results of laboratory tests.
- %s an e&pert witness he is allowed to e&press an opinion about the
alidity of the eidence in a case and may 1uote the statements of
other e&perts in support of an opinion.
- .rdinary testimony is restricted to statements concerning what the
witness actually saw or heard.
- 'he eidence to be presented by the legal medicine e&pert must
signify a relation between the facts called the 3 "actum !robandum4
or proposition to be established and the 3 factum !robans4 which is
the material eidencing the proposition.
- 'he !hysician must present 5(L(6%$', M%'(5I%L %$# ).M!('($'
(6I#($)(.
*I-'.52 ." L(/%L M(#I)I$(0
- !aulus 7acchias 8 9:;< = 9>:? @ is the A "ather of "orensic
Medicine4. *e was the frst to describe the importance and
application of medicine to the proper administration of justice.
- In the !hil. , the father of Legal Medicine can be rightfully bestowed
to #r. !edro !. -olis. *is book on Legal Medicine copyrighted in
9?;B, contains the most e&tensie treatise and teachings in
!hilippine Legal Medicine.
%!!LI)%'I.$ ." L(/%L M(#I)I$( '. L%C0
Legal Medicine is %pplied to Law
9. )iil law
- the determination and termination of ciil personality
- the limitation or restriction of a natural personDs capacity to
act
- marriage and legal separation
- paternity and fliation
- testamentary capacity of a person making a will
- the right to hereditary succession
E. )riminal Law
- "elonies and circumstances which aFect criminal liability
- )iil liability e& delictu
- )rimes relatie to opium and prohibited drugs
- )rimes against persons
- )rimes against chastity
- )rimes against ciil status of persons
- +uasi = oFenses
G. 5emedial Law
- !hysical and Mental (&amination of a person
- *ospitaliHation of insane persons
- 5ules of (idence
<. -pecial Laws
- #angerous #rug %ct
- 2outh and )hild Celfare )ode
- -anitation )ode
- Insurance law
- Labor )ode
- (mployees )ompensation Law
:. ).5!,- #(LI)'I
- Is the body or substance of the crime and is defned as the
fact that a crime actually has been committed. In all criminal
prosecutions, the burden is on the prosecution to proe the corpus
delicti.
+,%$',M ." !5.."
9. In )iil )ases = the 1uantum of proof necessary to proe a ciil
complaint is a !5(!.$#(5%$)( ." (6I#($)(. 'he party fling or
bringing a ciil complaint has the burden of proof and must establish
the truth and righteousness of his allegations by a preponderance of
the eidence admitted by a competent court.
E. In )riminal )ases
= the 1uantum is proof beyond reasonable doubt.
- In a criminal case the accused is entitled to an ac1uittal, unless his
guilt is shown beyond reasonable doubt
- !resumption of I$$.)($)( is a conclusion drawn by the
constitution and the law in faor of the accused , while
5(%-.$%IL( #.,I', is a condition of mind produced by proof
resulting from eidence in the case.
G. 'o establish matters of defense
- 'he doctrine of reasonable doubt applies only to incriminatie
facts.
<. 'o establish self defense
- .ne who sets up -(L" #("($-( 3 must rely on the strength of
his own eidence and not on the weakness of that of the prosecution4.
:. 'o establish %libi
- It must be proed by positie, dear and satisfactory eidence.
3 .ral (idence4 of alibi is so easily manufactured and usually
unreliable that it can rarely be gien credence.
>. In %dministratie )omplaints
- In cases fled before administratie or 1uasi judicial bodies, a
fact maybe deemed established if it supported by 3 substantial
eidence4 which means that amount of releant eidence which a
reasonable mind might accept as ade1uate to justify a conclusion.
)*%!'(5 E
M(#I)%L %$# *.-!I'%L J,5I-!5,#($)(
Medical Jurisprudence0
- Is the study of the Medical Law and its applicable Jurisprudence,
that goerns, regulates, and defnes the practice of medicine.
- It includes the rights, duties, obligations and liabilities of both
physician and patient to each other in a physician patient
professional contract.
'he "ollowing %cts )onstitute the !ractice of Medicine0
9. 'o physically e&amine and diagnose a patient.
E. 'o physically e&amine and treat a patient
G. 'o physically e&amine and perform surgery in a patient
<. 'o physically e&amine and prescribe any remedy to a patient.
%ny person who practice any of the aboe acts enumerated, without
any alid certifcate of registration as a physician, is practicing illegal
medicine.
'he $ature of the !hysician !atient !rofessional 5elationship is
9. )onsensual0
- based on mutual consent of both patient and physician.
- )ontracts that are consensual in nature, are perfected upon mere
meetings of the minds
E. "iduciary0
- founded in trust, faith, and confdence reposed by one person in the
integrity and fdelity of another.
#,'I(- %$# .ILI/%'I.$- ." '*( !*2-I)I%$ '.C%5#- *I- !%'I($'-0
9. *e must possess that knowledge and skill possessed by an aerage
physician.
E. *e must use such knowledge and skill with ordinary care and due
diligence.
G. *e is obliged to e&ercise his best judgment
in good faith.
<. *e has the duty to keep the secrets and confdentialities of his patients.
'he 'erms and )onditions not included in the !hysician !atient
!rofessional 5elationship )ontract 8 refer to book @
'he only promise or guaranty that the law re1uires is that, the physician
will treat the patient in accordance with the standards of medical care.

!%'I($'- 5I/*'- 5(-!()'(# I2 !*2-I)I%$-0
9. 'he right to appropriate medical care and humane treatment.
E. 'he right to his religious belief.
G. 'he right to refuse treatment.
<. 'he right to Informed )onsent.
:. 'he right to choose his physician.
>. 'he right to medical records.
B. 'he right to priacy and confdentiality.
;. 'he right to a second or third opinion.
?. 'he right to leae.
9J. 'he right to information.
99. 'he right to self determination.
9E. 'he right to refuse participation in medical research
9G. 'he right to e&press grieance
9<. 'he right to be informed of his rights and obligations.
.bligations of the !atients to their !hysicians 8 5efer to Iook @
-.)I%'%L 5I/*'- ." '*( !%'I($'- "5.M '*( /.6(5$(M$' 8 5efer to
Iook @
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9. 'he right to choose his patients
E. 'he right to limit the practice of his profession
G. 'he right to determine appropriate treatment procedures in the discretion
and judgment of the physician.
<. 'he right to aail of hospital priileges after being 1ualifed.
:. 'he right to receie just and fair compensation from his patients.
Liabilities of a !hysician Chich May %rise from *is $egligent or Crongful
%cts or .missions0
9. %dministratie Liability
- % complaint under oath can be fled before the !rofessional
5egulation )ommission Ioard of Medicine, for reprimand, of the license to
practice medicine.
E. )riminal Liability
- Chen an act or omission constitutes a crime, the physician can be
imprisoned or fned or both, as any other profession.
G. )iil Liability
- 'he aggrieed party can be awarded monetary damages for any
wrongful or negligent act or omission, when the professional is found guilty.
)%-(- 8 5efer to Iook @
(&. $egligent or Crongful %ct
Medical malpractice is a particular form of negligence which consists in
the failure of a physician or surgeon to apply to his practice of medicine
that degree of care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like surrounding
circumstances
'here are "our (lements inoled in medical negligent cases0
9. #uty
E. Ireach
G. Injury
<. !ro&imate )ausation = It has been recogniHed that e&pert testimony
is usually necessary to support the conclusion as to causation.

(&. Chether % *ospital may be *eld Liable for the $egligence of
!hysicians = )onsultants allowed to !ractice in its !remises.
CHAPTER 3
DEATH
Legal !resumption of #eath0
- If absent without e&planation from his or her usual or last place of
residence for a long continuous period.
- )ircumstantial proof of death
(&. a passenger on an airplane that crashed is considered to hae
died een if no remains can be recoered.
5ules of (idence in 5ule 9G9, section : paragraph K, paragraph JJ, and
paragraph LL.
In common law the presumption of death does not arise until the
e&piration of seen years of continuous absence.
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#eath maybe
%. Irain #eath = occurs when there is a deeply irreersible coma, and absence
of electrical brain actiity.
I. )ardio 5espiratory #eath = occurs when there is continuous and persistent
cessation of heart action and respiration.
< Linds of #eath0
9. )linical or -omatic #eath
E. Irain #eath
G. Iiological #eath
<. )ellular #eath
)linical or -omatic #eath
- 'his particular kind of death occurs when in the judgment of the
physician with the use of his clinical eye the bodyDs ital signs of life
cease to e&ist continuously and permanently.
- 'he clinical death is erifable only by a physician after he obseres
that the patient no longer has a heart beat no pulse rate, no
spontaneous breathing and moement, with the pupils of the eye
widely dilated and not reactie to light and accommodation.
- Chen a clinically dead person is brought to the morgue the
generaliHed contraction of the muscles or 5igor Mortis of the body
within G to > hours, may simulate a return to life, because of the
motion or moement of the body.
I5%I$ #(%'*
- 'his kind of death follows clinical death = almost immediately unless
resuscitatie procedures are started promptly, because the human
brain under normal conditions cannot surie loss of o&ygen for
more than > to 9J minutes.
- Irain #eath may occur in the
-tage 9 = )erebral )orte&- the highest center of the brain that is
most sensitie to changes in the supply of o&ygen and blood to the
brain. Chen the cerebral corte& dies, the patient is in cortical death.
-tage E - )erebellum = It deals with the function of e1uilibrium. It
follows the death of the cerebral corte&.
-tage G = Irainstem and 6ital centers = 'hese centers controlling
respiration, heart rate and blood pressure, ultimately die. Chen it
does, the patient is, Irain -tem #ead.
- If the brain stem is damaged, then the ital centers in the medulla
maybe destroyed, causing the respiratory center to fail.
- 'he occurrence of brain stem death is e1uialent to Legal #eath, so
that #octors can now issue a #eath )ertifcate, een though the
heart is still beating, and make arrangements to harest donor
organs and tissues at this stage.
- "urther, in the presence of brain stem death, artifcial respirators
only achiee the maintenance of an o&ygenated circulation through
a corpse or cadaer.
)5I'(5I% ".5 #I%/$.-I$/ I5%I$ -'(M #(%'*. 8 refer to te&tbook @
!ersistent 6egetatie -tate 8 !6- @
- 'his condition e&ists, when irreersible destruction of the )orte& of
the brain occurs without damage to the ital centers, and there are
permanent eyes = open state of unconsciousness, but cardio
respiratory functions continue, sometimes without respiratory
assistance, but most often with respiratory support.
- 'hey do not howeer match the clinical criteria of Irain #eath, in as
much as they hae elicitable reMe&es, spontaneous respirations and
reactions to e&ternal stimuli.
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9. ,nreceptiity and ,nresponsitiity
E. $o spontaneous moements or breathing
G. $o reMe&es
<. "lat ((/ of )onfrmatory alue
C*.L( I5%I$ #(%#
- Chen the brain ceased all functions, een though the heart
continues to beat. %s a rule doctors can legally declare whole brain
death twele hours after they hae corrected all treatable medical
problems, but the brain still doesnDt respond een to induced pain ,
they eyes do not react to light and the person doesnDt breath
without a respirator.
II.L./I)%L #(%'*
- %ll the components of the brain are dead
- 'here is also permanent e&tinction of bodily life.
- It is cardiorespiratory and brain death altogether with permanent
cessation of all the anatomic and physiological functions of the
body organs.
)(LL,L%5 #(%'*0
- 'he death of the diFerent parts of the body occurs at diFerent times
and stages.
- 'his is the reason why such organs as the corneas and the kidneys
can be remoed immediately after biological death and
transplanted successfully.
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9. )essation of heart action and circulation
E. )essation of respiration
G. )ooling of the body 8 %lgor Mortis @
- 'he temperature of 9: = EJ degrees "ahrenheit is considered
as a certain sign of death.
<. Loss of motor power
:. Loss of sensory power
>. )hanges in the skin
B. )hanges in and about the eye
- 'here is loss of corneal reMe&
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9. )hanges in the Muscle
a. -tage of primary Maccidity
b. )adaeric rigidity or rigor mortis
- muscular contraction which deelops G = > hours after
death and may last for E< = G> hours.
- may also be utiliHed to appro&imate the length of time
the body has been dead from G to G> hours
c. -tage of secondary Maccidity or commencement of
putrefaction
)adaeric -pasm- is the immediate or instantaneous spasm or rigidity of the
skeletal muscles occurring at the moment of death due to e&haustion, etc.
Medico legal Importance of )adaeric -pasm
8 5efer to Iook @
E. )hanges in the Ilood
a. )oagulation of the blood
b. !ostmortem liidity or Lior Mortis
G. %utolytic or %uto #igestie )hanges %fter #eath
<. !utrefaction of the Iody
!,'5("%)'I6( )*%$/(- .)),5I$/ %"'(5 #(%'* 8 5efer to Iook @
Linds of !utrefaction0
9. Mummifcation
E. -aponifcation = 'his is also called %dipocere "ormation.
G. Maceration
"actors to )onsider in %ppro&imating the #uration of #eath in a )adaer
9. (ntomology = 'he presence of maggots in the cadaer indicates duration of
death for more than E< hours
E. !resence of lie "leas in clothing = in death by drowning, a Mea can surie
for about E< hours submerged in water. %fter E< hours submersion in water the
Meas die.
G. Ilood essel clots = blood clotting occurs in > -; hours after death.
<. !ost Mortem liidity = deelops in G to > hours after death.
:. 5igor Mortis- begins to deelop in G to > hours after death and may last for
E< to G> hours after death.
>. .nset of decomposition = #ecomposition takes place within E< = <; hours
after death.
B. "ood in the stomach
;. -keletal soft tissues = soft tissues may disappear from 9.: years to E years
after burial.
!osition of the Iody at the time of #eath
9. !ost Mortem liidity
E. )adaeric spasm = #eath due to iolence or inMicted physical injuries, usually
manifest the position of the body at the time of death.
(&. In suicide by gunshot wound, the gun maybe tightly grasped in the hand of
the deceased
In drowning, the ictim maybe holding objects that come in contact with
his hands to cling to life.
M(#I).L(/%L IM!.5'%$)( ." 5I/.5 M.5'I- %$# )%#%6(5I) -!%-M0
5igor mortis is utiliHed to appro&imate the time of death. /eneraliHed muscular
contractions occur from G to > hours until G> hours.
)adaeric spasm occurs immediately after death and is useful to ascertain the
circumstances of death.
Medico Legal Inestigation of #eath
- #eaths which are not obiously due to natural causes, but are
criminal, suspicious, accidental, suicidal, murderous, homicidal,
sudden or une&pected, or une&plained, need medico legal
inestigation.
'he #eath )ertifcate
- 'he death certifcate is a legal document necessary for burial of the
dead, as it certifes the occurrence of death. It is a document from
the .Nce of the )iil 5egistrar /eneral, listing the particulars of an
indiidualDs death.
- It contains the Immediate )ause or !rimary cause of death, the
antecedent causes and underlying cause of death
Immediate )ause or !rimary )ause of #eath
(&. -uFocation due to drowning
%sphy&ia
)ardio = 5espiratory %rrest
%ntecedent )ause of #eath are eents or conditions that
substantially contribute to the immediate cause of death
(&. %cute peritonitis, %cute *ypoolemic shock, %cute -eptic -hock,
,nderlying )ause of #eath is the basic cause or bottom line cause
of death. It is the diagnosis of the patients or ictimDs illness or
sickness that resulted to his death
(&. %cute %ppendicitis, *epatocarcinoma, !elic "racture, -tab or
/unshot Cound to the chest.
$on $atural )auses of #eath
(&. Murder, *omecide, -uicide, %ccident
#eath Carrant = is a warrant from the proper e&ecutie authority appointing the
time and place for the e&ecution of the sentence of death upon a conict
judicially condemned to suFer death.
Manner of #eath
- Is the e&planation as to how the cause of death arose, and maybe
either $atural #eath or 6iolent #eath
LaHarus -yndrome
- Is also called LaHarus !henomenon is the spontaneous return of
circulation after failed attempts at resuscitation.
Implications of LaHarus -yndrome
- raise ethical and legal issues for doctors, who must determine when
medical death has occurred, when resuscitation eForts should end,
and post mortem procedures such as autopsies and organ
haresting may take place.
LaHarus -ign
- LaHarus sign or LaHarus reMe& is a reMe& moement in brain dead
patients, which causes them to brieMy raise their arms and drop
them crossed on their chests.
- 'he phenomenon has been obsered to occur seeral minutes after
the remoal of medical entilators used to pump air in and out of
brain dead patients to keep their bodies alie.
$(%5 #(%'* (K!(5I($)(
- 5efers to a broad range of personal e&periences associated with
impending death, encompassing multiple possible sensations
including detachment from the bodyO feelings of leitation etc.
(,'*%$%-I%
- Meaning good death 8 well or good @
- 5efers to the practice of ending life in a painless manner.
- #eliberate interention undertaken with the e&press intention of
ending life, to reliee intractable suFering
)lassifcation of (uthanasia0
9. 6oluntary euthanasia = is euthanasia conducted with consent
E. Inoluntary euthanasia
= is euthanasia conducted without consent.
-is conducted where an indiidual makes a decision for another person
incapable of doing so.
- also known as physician assisted death, physician assisted suicide or mercy
killing.
G. !assie euthanasia = entails withholding of common treatments
<. %ctie euthanasia = entails the use of lethal substances or forces to end life
and is the most controersial means.
CHAPTER 4
REGIONAL TRAUMA
'rauma
= is the leading cause of death in the frst four decades of life and the G
rd

leading cause of death in all age groups today.
-!enetrating trauma particularly handguns is becoming common in nearly all
areas of the country.
'rimodal #istribution of #eath from 'rauma0
9. -econds to minutes of injury = due to the injury to the brain, high spinal cord,
heart, aorta and other large essels. 'hese patients can rarely be salaged.
E. Minutes to "ew hours from injury 8 'he /olden *our @
- It is in this period that %danced 'rauma Life -upport? 8 %'L- @ techni1ues are
important.
G. -eeral days to weeks of Injury = these are due to sepsis or organ failure.
-!()I"I) I$J,5I(-
9. *ead
a. 'ypes of *ead Injuries0
a.9 *ematoma
a.E )ontusions
a.G -kull fractures
a.< *emorrhage
E. -pine and -pinal )ord Injuries
'he most common causes of seere spinal trauma are motor ehicular
accidents, falls, diing accidents, and gunshot wounds.
G. )hest
a. Life 'hreatening Injuries
!numothora&
*emothora&
"lail chest as in multiple rib fractures )ardiac tamponade due to
penetrating injuries
b. !otentially Lethal Injuries
b.9. !ulmonary )ontussion with or without Mail chest
b.E. 'horacic %ortic 'ear or 5upture = the most common cause
of sudden death after a ehicular accident or fall 8 major
decelaration injury @
c. -erious )hest Injuries
<. %bdomen
'ypes of Injuries0
a. !enetrating
- /unshot wounds of the abdomen carry ?:P probability of
signifcant isceral injury
- % bullet when it hits the abdomen will penetrate the
abdominal wall, enter the abdominal caity and most likely
injure more than one organ.
- 'he incidence of abdominal injury is strikingly higher in
gunshot wounds than in stab wounds.
- 'he major cause of death is hemorrhage and this occurs within
the frst E< hours
- In stab wounds of the abdomen , only EQG penetrate the
peritoneal caityO of these only R cause signifcant isceral
injury that re1uires surgical repair.
b. Ilunt
- 'he spleen and lier are the most commonly injured organs
due to blunt trauma.
- 'heir fre1uent incidence also e&plains why the mortality rate
following blunt trauma is higher than that of penetrating injury.
:. "ractures and #islocations
'he word fracture comes from the Latin word 3fractura4 which means a
break in the continuity of the bone. It is also a combination of a break in the
bone and soft tissue injury
%. .pen "ractures - ?JP of open fractures are caused by ehicular
accident.
I. *ip fractures are ery common in elderly people and are usually
caused by minor falls. It is the most common cause of traumatic death after the
age of B:.
>. ,rologic
- *ematuria following trauma
- Ilunt kidney injury is usually due to motor ehicular accidents
which account for BJ = ?J P of kidney trauma.
- !enile injury0
'he erect penis is usually > = ; inches long and 9 -E inches in
diameter.
- %ulsion of the prepuce = this may follow accidents where the
foreskin called prepuce is detached or lacerated by a blunt
force.
- "racture of the penis = this is the traumatic rupture of the
corpora caernosa penis resulting from a forceful trauma to the
Maccid organ.
- %mputated penis = the penis of an aid womaniHer is
sometimes intentionally cut or amputated by a jealous derange
wife or loer.

B. %rterial trauma
;. Iurns
)L%--I"I)%'I.$ ." C.,$#-
9. %- '. L(/%L )L%--I"I)%'I.$
)hapter 9
#(-'5,)'I.$ ." LI"(
a. %rticle E<>. !arricide
b. %rticle E<B. #eath or !hysical Injuries InMicted ,nder (&ceptional
)ircumstances
c. %rticle E<;. M,5#(5
- %ny person who, not falling within the proisions of %rticle E<> shall
kill another, shall be guilty of murder and shall be punished by 5eclusion
!erpetua, to death if committed with any of the following attendant
circumstancesO
9. Cith treachery
E. In consideration of a price , reward or promise
G. Iy means of inundation etc.
<. .n occasion of any of the calamities etc.
:. Cith eident premeditation
>. Cith cruelty etc
%rticle E<? *.MI)I#(
%rticle E:9. #eath )aused in a 'umultous %Fray
%rticle E:E. !hysical Injuries InMicted In a 'umultuous %Fray
%rticle E:G. /iing %ssistance to -uicide
%rticle E:<. #ischarge of "irearms
%rticle E::. Infanticide
%rticle E:>. Intentional %bortion
%rticle E:B. ,nintentional %bortion = who shall caused an abortion by iolence
but not intentional.
%rticle E:;. %bortion !racticed by the Coman *erself or Iy *er !arents
%rticle E:?. %bortion !racticed by a !hysician or Midwife and #ispensing of
%borties
%rticle E>J. 5esponsibility of !articipants in a #uel
%rticle E>9. )hallenging to a #uel
)*%!'(5 E
!*2-I)%L I$J,5I(-
a. %rticle E>E. Mutilation = %ny person who shall intentionally mutilate another
by depriing him, either totally or partially , of some essential organ of
reproduction.
b. %rticle E>G. -erious !hysical Injuries = %ny person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical injuries
c. %rticle E><. %dministering Injurious -ubstances or Ieerages
d. %rticle E>:. Less -erious !hysical Injuries = %ny person who shall inMict upon
another physical injuries which shall incapacitate the oFended party for labor
for 9J days or more, or shall re1uire medical attendance for the same period
e. %rticle E>>. -light !hysical Injuries and Maltreatment.
- Chen the oFender has inMicted physical injuries which shall incapacitate the
oFended party for labor from one to nine days, or shall re1uire medical
attendance during the same period.
)hapter G, 5%!( = Chen and *ow rape is committed
9. Iy a man who shall hae carnal knowledge of a woman under any of the
circumstances
a. 'hrough force, threat, or intimidation
b. Chen the oFended party is depried of reason or otherwise
unconscious
c. Iy means of fraudulent machinations or grae abuse of authority
d. Chen the oFended party is under twele 8 9E @ years of age or is
demented, een though none of the circumstances mentioned aboe is present.
E. Iy any person who, under any of the circumstances mentioned in paragraph
9 hereof, shall commit an act of se&ual assault by inserting his penis into
another personDs mouth or anal orifce or any instrument or object into the
genital or anal orifce of another person.
)lassifcation of Counds
E. %- '. '*( #(!'* ." '*( C.,$#
a. -uperfcial = Chen the wound inoles only the layer of the skin
b. #eep = Chen the wound inoles the structures beyond the layers of the
skin.
b.9 !enetrating = the wound enters the body but does not come out. !unctured,
stab and gunshot wounds usually belong to this type of wound.
b.E !erforating = there is a communication between the outside, inner and the
outer side. 'here is both a point of entry and e&it.
)lassifcation of Counds
G. %- '. M.5'%LI'2
a. #eadly Cound- #eath results immediately, after the inMiction of the wound.
#eadly wounds though mortal, maybe preented with prompt medical
treatment.
b. $on #eadly Counds = #oes not result to death immediately, after the wound
is inMicted. % non deadly wound may cause death later, due to complications
i.e. tetanus, septicemia
)lassifcation of Counds0
<. %- '. '*( C.,$#I$/ I$-'5,M($'- ,-(#0
a. -harp Instruments = (&. incised wound, punctured wound, stab wound dagger
or kitchen knife
b. Ilunt Instruments = % block of wood or iron produces contusion, hematoma,
abrasions, lacerated wound when used to strike, attack, wound, beat or assault
another
)lassifcation of Counds0
:. %- '. '*( ).$-(+,($'I%L I$J,52 %"'(5 '*( %!!L.)%'I.$ ." ".5)(
a. )oup Injury -
b. )oup )entre )oup Injury
c. )ontre )oup Injury
d. Locus Minoris resistancia
e. (&tensie injury
)lassifcation of Counds0
>. %- '. '*( I$'(/5I'2 ." '*( -LI$
%. )L.-(# C.,$#- = !resents no break in the integrity or continuity of the
skin. 'here maybe only outward manifestations of injury internally.
(&. of closed wounds0
9. petechiae = a circumscribe e&traasation of blood in the subcutaneous tissue.
E. contusion = eFusion of blood into the tissues underneath the skin as a result
of a blunt force. (&. black eye
G. *ematoma
<. Ilunt injury
:. Musculoskeletal injuries
(&. -prain, #islocation, "racture, -train
)erebral )oncussion = there is a brief loss of consciousness and sometimes
memory after a head injury that doesnDt cause obious physical damage.
)erebral )ontusion = they are bruises to the brain, usually caused by a direct,
strong blow to the head. 'hey are more serious than concussions.

I. .!($ C.,$#-
- 'here is a break in the continuity of the skin
(&amples0
9. %brasion
E. Iruise
G. Incised wound
<. -tab wound
:. !unctured wound
>. !erforating wound
B. Lacerated wound
;. Iites
?. /unshot wounds
I. .!($ C.,$#- = there is a break in the continuity of the skin
I.9. %brasion = -cratch, friction mark
I.E. Iruise = cause by a blunt injury to the tissues which damage blood essels
beneath the surface, allowing blood to e&traasate or leak into the surrounding
tissues.
I.G. Incised wound
I.<. -tab wound
I.:. !unctured wound
I.>. !erforating wound
I.B. Lacerated wound = result of an injury from a blunt instrument. In cerebral
laceration, the brain tissue is torn often with an accompanying isible head
wounds and skull fractures.
I.;. Iites = they maybe abraded, bruised or rarely lacerated. 'hey are usually
seen in se&ual assaults and in child abuse and also by animal bites
I.?. /unshot wounds
'(-' ".5 '*( !5(-($)( ." !.C#(5 5(-I#,(-0
9. !araNn test or #ermal $itrate test = present on the skin of the hand dorsum
or site of the wound of entrance. 'his test is not conclusie because fertiliHers,
cosmetics, cigarettes, urine and other nitrogenous compounds with nitrates will
gie a positie reaction. % negatie test is also not conclusie . 'he test usually
gies a positie result een after a lapse of G days or een if the hands are
subjected to ordinary washing
E. ,se of -canning (lectron Microscope with a linked K = ray analyHer. 'his
method appears to be more specifc but seldom used because the instrument is
e&pensie.
-!()I%L '2!(- ." C.,$#-
9. %ssailantDs wounds = these wounds are sustained by the assailant from the
ictim, while the former is in the process of attacking, wounding, assaulting,
beating or killing his ictim.
E. #efense wounds = in the process of defending himself from the attacks,
assault, wounding, beating or iolence of the assailant, the ictim sustains
defensie wounds usually in the upper e&tremities.
G. 6ictimDs wounds = these are wounds sustained by the ictim, from the
assailant, the former not haing the chance or opportunity to defend himself.
'he ictimDs wounds maybe located in any part of the body.
<. -elf = InMicted wounds = these are wounds self inMicted by the person on
himself. 'he wounds are usually found on the accessible parts of the body,
usually with no intention to kill himself. ,nless the ictim is insane, self inMicted
wounds are for a fraudulent or self sering purpose.
:. *omicidal wounds = these are the serious wounds sustained by the ictim
resulting to his death, from the criminal assailant. ,sually the wounds are
situated in the areas of the neck, chest, the abdomen and the skull.
>. %ccidental wounds = these wounds are sustained by the ictim, without any
fault or intention whatsoeer on the part of the accused to inMict the wounds on
the ictim. 'he wounds are usually located on any part of the ictimDs body.
B. -uicidal wounds = these are wounds self inMicted by the ictim on himself,
and usually seen on the temple, the roof of the mouth, and other fatal body
areas, accessible to the hand of the ictim.
CHAPTER 5
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
5(!,ILI) %)' ?9>:
% #%$/(5.,- #5,/ is a drug whose use is attended by risk and therefore is
unsafe, perilous and haHardous to people and society.
% #5,/ is any substance , egetable, mineral or animal in origin, used in the
composition or preparation of medicines or any substance used as medicines.
'he #angerous #rug %ct of 9?BE, include the following #angerous #rugs as
follows0
%. !5.*III'(# #5,/-
9. .pium and its actie components and deriaties such as heroin and
morphine.
E. )oca leaf and its deriaties, principally cocaine.
G. *allucinogenic drugs such as mescaline, lysergic acid diethylamide
8 L-# @ and other substances producing similar eFects.
<. .ther drugs whether natural or synthetic with the physiological
eFects of a narcotic drug.
I. 5(/,L%'(# #5,/-
9. -elf inducing sedaties such as secobarbital, phenobarbital,
pentobarbital, barbital and any drug which contains salt or deriatie of
a salt of barbituric acid.
E. %ny salt of amphetamine such as IenHedrine or any drug which
produces a physiological action similar to amphetamine.
G. *ypnotic drugs, such as metha1ualone producing similar physiologic
eFects.
IM!.5'%$' '(5M- in the #%$/(5.,- #5,/ %)' ." EJJE
9. #rug -yndicate
E. Illegal 'raNcking
G. )hemical #iersion
<. !lanting (idence
:. #rug #ependence
'wo )lasses of #rug #ependence0
a. #rug %ddiction = is a state of periodic or chronic into&ication
produced by the repeated consumption of a drug, whether synthetic or
natural and found to be detrimental to the indiidual and to the society.
)haracteristics of #rug %ddiction0
%. %n oerpowering desire or need to continue taking the drug
or to obtained it by any means.
- a tendency to increase the dose.
-a psychological and physical dependence on the eFects of the
drug.
- a detrimental eFect to the society and to the indiidual
I. #rug *abituation = is the desire to hae a continuous use of the drug
but with the capacity to refrain physically from using it.
)haracteristics of #rug *abituation0
- 'he desire to use the drug is not compulsie but merely
psychical.
- 'here is little or no tendency to increase the dose
- 'he detrimental eFect if any, is primarily on the indiidual.
>. !rotector
B. !usher
;. )ontrolled #eliery
?. #en, #ie or 5esort
9J. !#(% = 'he !hilippine #rug (nforcement %gency, which is the
implementing arm of the #angerous #rugs Ioard.
,$L%C",L %)'- %$# !($%L'I(- I$ '*( #%$/(5.,- #5,/- %)' ."
EJJE 8 5.%. ?9>:0
9. Importation of #angerous #rugs and or )ontrolled !recusors and
(ssential )hemicals.
E. -ale, 'rading, %dministration, #ispensation, #eliery, #istribution and
'ransportation of #angerous #rugs and or )ontrolled !recursors and
essential )hemicals.
G. Maintenance of a #en, #ie or 5esort
<. (mployees and 6isitors of a #en, #ie or 5esort
:. Manufacture of #angerous #rugs and or )ontrolled !recursors and
(ssential )hemicals
>. Illegal )hemical #iersion of )ontrolled !recursor and (ssential
)hemicals
B.Manufacture or #eliery of (1uipment , Instrument, %pparatus and
.ther paraphernalia for #angerous #rugs and or )ontrolled !recursors
and (ssential )hemicals
;. !ossession of #angerous #rugs
?. !ossession of (1uipment, Instrument , %pparatus and .ther
!araphernalia for #angerous drugs.
9J. !ossession of #angerous # #uring !arties, -ocial /atherings or
Meetings
99. !ossession of (1uipment, Instrument, %pparatus and .ther
!araphernalia for #angerous #rugs #uring !arties, -ocial /atherings or
Meetings
9E. ,se of #angerous drugs
9G. )ultiation or )ulture of !lants )lassifed as #angerous #rugs or
are -ources thereof
9<. "ailure to Maintain and Leep the .riginal 5ecords of transactions on
#angerous drugs and or )ontrolled !recursors and (ssential chemicals
9:. ,nnecessary !rescription of #angerous #rugs
9>. ,nlawful !rescription of #angerous drugs
'*( ),-'.#2 %$# #I-!.-I'I.$ ." ).$"I-)%'(#, -(I7(# %$# .5
-,55($#(5(# #%$/(5.,- #5,/-, !L%$' -.,5)(- ." #%$/(5.,-
#5,/-, ).$'5.LL(- !5(),5-.5- %$# (--($'I%L )*(MI)%L-,
I$-'5,M($'- %$# !%5%!*(5$%LI% %$# .5 L%I.5%'.52 (+,I!M($'
= 'he !#(% shall take charge and hae custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as Instruments paraphernalia and laboratory
e1uipment so confscated, seiHed and or surrendered, for proper
disposition in the following manner 8 5efer to Iook @.
IM!.5'%$' !5.6I-I.$- ." 5.%. ?9>: .5 '*( ).M!5(*($-I6(
#%$/(5.,- #5,/- %)' ." EJJE
-ection EE. /rant of )ompensation, 5eward and %ward

-ection EG. !lea Iargaining !roision
-ection G>. %pplicants for #rierDs License
-ection G;. Laboratory (&amination or test on %pprehended Q %rrested
.Fenders
-ection G?. %ccreditation of #rug 'esting )enters and !hysicians
-ection <J. % physician, dentist, eterinarian or practitioner authoriHed
to prescribe any dangerous drug shall issue the prescription therefore in
one original and E duplicate copies.
-ection :<. 6oluntary -ubmission of a #rug #ependent to )onfnement,
'reatment and 5ehabilitation
-ection :: (&emption from )riminal Liability
,nder the 6oluntary -ubmission !rogram
-ection :>. 'emporary 5elease from the )enterO %fter )are and "ollow
up 'reatment ,nder the 6oluntary -ubmission !rogram
-ection :;. "iling of )harges %gainst a #rug #ependent who is not
rehabilitated ,nder the 6oluntary -ubmission !rogram.
-ection >9. )ompulsory )onfnement of a drug dependent who refuses
to apply under the 6oluntary -ubmission !rogram
-ection >E. )ompulsory -ubmission of a #rug #ependent )harged with
an .Fense, to 'reatment and 5ehabilitation
-ection BJ. !robation or )ommunity -erice for a "irst 'ime Minor
.Fender In Lieu of Imprisonment
-ection BG. Liability of a !arent, -pouse or /uardian Cho refuses to
)ooperate with the Ioard or any )oncerned %gency
-ection BB. 'he #angerous #rugs Ioard
-ection ;E. )reation of the !hilippine #rug (nforcement %gency
8 !#(% @
-ection ;:. 'he !#(% %cademy
-ection ?J. Jurisdiction
-ection ?9. 5esponsibility and Liability of Law (nforcement %gencies
and .ther /oernment .Ncials and (mployees in 'estifying as
!rosecution Citnesses in #angerous #rug )ases
-ection ?E. #elay and Iungling in the !rosecution of #rug )ases
!*%5M%).L./I) )L%-I"I)%'I.$ ." #%$/(5.,- #5,/-
9.*ypnotics
E. -edaties and 'ran1uiliHers
G. *allucinogens and !sychomimetics
<. -timulants
:. #epressants
>. #eliriants and Into&icants
%.*ypnotics0
.piates and 'heir #eriaties = .pium is obtained from the milky
e&udates of the unripe seed capsules of the poppy plant, !apaer
-ornoiferum.
#eriaties of opium commonly used are morphine, heroin, and
codeine.
Its synthetic preparation are #emerol and Methadone.

$arcotics that hae a legitimate medical used as powerful pain relieers
are called .pioids, and include codeine, o&ycodone, meperidine,
morphine and hydromorphone.
*eroin which is prohibited is a ery strong pain relieer and narcotic
-igns and -ymptoms of .pium %dministration0
9. -tage of (&citement
E. -tage of -tupor
G. -tage of $arcosis
I. -(#%'I6(-0
Iarbiturates0 - are the products of malonic acid and urea, synthesiHed
on -t. Iarbara day.
- ,sed to treat an&iety and to induce sleep can cause both
psychologic and physical dependence.
). *%LL,)I$./($- .5 !-2)*.MIM('I) #5,/-0
Marijuana = 8 )annabis -atia @ is a Me&ican term for pleasurable
feeling. Marijuana is not addictie. !hysical dependence and dose
tolerance do not deelop with its use. !sychic dependence may occur.
-ubjectie eFects of Marijuana0
- 'here is a feeling of lightness of the e&tremities followed by rushes
of warmth and well being that eentually lead to a sense of
rela&ation, mild euphoria and a dreamy state where ideas are
disconnected.
.bjectie (Fects of Marijuana0
- Moderate increase in resting pulse rate, reddening of the eyes due
to dilatation of the conjunctial blood essels. #iNculty of speech
and of remembering of the logical trend of what was being said.
Lysergic %cid #sethylamide 8 L-# @
- 'hese drugs are false hallucinogens.
- It produces impaired judgement so that a user might think that he
can My, and may een jump out a window to proe it, resulting in
seere injury or death.
#.-'IM,L%$'-0
%mphetamines = methamphetamines 8 -habu, speed @O
methylenedio&ymethamphetamine 8 M#M%, ecstasy or %dam @
- %cts on the cerebral corte& causing alertness, e&cessie self
confdence and feeling of well being. !hysical performance may to
some degree temporarily improe.
,ntoward (Fects0
- 'hey increase the blood pressure and heart rate. "atal heart attacks
hae occurred een in healthy, young athletes. 'he blood pressure
maybe so high that a blood essel in the brain ruptures causing a
stroke.
)occaine = is an alkaloid from the leaes of the coca shrub cultiated in
Ioliia and !eru.
- It produces eFects similar to amphetamines, but is a much more
powerful stimulant.
- Is used to e&cite the underse&ed.
- Is a euphoriant and readily reliees fatigue
,ntoward (Fects0
- -ame as amphetamine
(. #(!5(--%$'-0
- %ngel dust
- #epresses the brain and abusers usually become confused and
disoriented shortly after taking the drug.
- )an be combatie and because they donDt feel the pain they may
continue fghting een when hit hard.
CHAPTER 6
SEXUAL DYSFUNCTIONS AND SEXUAL CRIMES
-(K,%LI'2 = I- % $.5M%L II.L./I)%L ,5/( %$# %$ IM!.5'%$' !%5' ." '*(
*,M%$ (K!(5I($)(.
< -tages of a -e&ual 5esponse0
9. #esire
E. %rousal
G. .rgasm
<. 5esolution
-(K,%L #2-",$)'I.$- 8 )lassifcation @
%. %s to choice of se&ual partners
9. *omose&ual
E. Infanto se&ual
G. Iesto se&ual
<. %uto se&ual
:. /erontophilia
>. $ecrophilia
B. Incest
I. %s to instinctual strength of the se&ual urge0
9. .er se&
E. ,nder se& or se&ual frigidity
a. -e&ual anesthesia
b. #yspareunia
c. 6aginismus
d. .ld age
). %s to the mode of se&ual e&pression
9. .ralism
a. "ellatio
b. )unnilingus
c. %nalism
E. -ado = masochism
a. -adism
b. Masochism
G. "etishism
a. %natomic
b. )lothing
.
c. $ecrophilic
d. .dor 8 ospresiophilia @
Linds of .spresiophilia
9. ,rolagnia
E. )oprolagnia
G. Mysophilia
a. $arcissism
b. -aboteur "etish
c. 6ampirism
#. %s to the part of the body
9. -odomy
E. ,ranism
G. "rottage
<. !artialism
(. %s to isual stimulus
9. 6oyeurism
E. -coptophilia
". %s to number
9. 'roilism
E. !luralism
/. .ther se&ual deiates.
9. #on Juanism
E. Indecent e&posure
G. )oprolalia
*. #isorders of se&ual function0
9. !remature ejaculation
E. 5etarded ejaculation
G. Low se&ual desire disorder
<. -e&ual aersion disorder
:. -e&ual arousal disorder in women
>. Inhibited orgasm
B. #yspareunia
;. 6aginismus
I. -e&ual reersal
9. 'ransertism
E. 'ranse&ualism
G. Interse&uality
-(K,%L )5IM(-0
)haste = %n unmarried woman who has had no carnal knowledge with men or
that she neer oluntarily had unlawful se&ual intercourse. 'hese also denotes
purity of mind and innocence of heart.
6irgin = % woman who has had no carnal knowledge of man. *er genital organs
hae not been altered by carnal connection.
Linds of irginity
9. Moral irginity = the state of not knowing the nature of se&ual life and not
haing e&perience se&ual relation.
E. !hysical irginity = % condition whereby a woman is conscious of the nature
of se&ual life but has not e&perienced se&ual intercourse.
G. #emi = irginity = 'his term refers to a condition of a woman who permits any
form of se&ual liberties as long as they abstain from rupturing the hymen by
se&ual act. 'he woman allows se&ual intercourse, but only inter femora or een
inter labia, but not to the e&tent of rupturing the hymen.
<. 6irgo intacta = % truly irgin woman. 'here is no structural change in her
organ, notwithstanding the fact of a preious se&ual intercourse.
#("L.5%'I.$ = 'his is the laceration or rupture of the hymen, as a result of
se&ual intercourse. %ll other lacerations which are not due to coitus are not
considered deMoration.
-(M($ %$# -!(5M%'.7.%0
(5()'IL( #2-",$)'I.$ 8 Impotence @
- 'he diagnosis of (rectile #ysfunction is important especially in
complaints of rape. It must be proen conincingly that the accused
is permanently impotent, so that the crime of rape cannot be
proed beyond reasonable doubt.
- Impotence usually results from ascular impairment, neurologic
disorders, drugs, abnormalities of the penis or psychological
problems that interfere with se&ual arousal.
- 'hese includes injury, diabetes mellitus, stroke and drugs like all
antihypertensie and psychotics, antidepressants and some
sedaties.
- %lcohol can also cause impotence and also low leels of
testosterone
-(K )5IM(- I$ '*( 5(6I-(# !($%L ).#(0
%. 5ape
I. )arnal Lnowledge
- is the act of a man in haing se&ual bodily connection with a
woman. 'here is carnal knowledge if there is the slightest
penetration in the se&ual organ of the female by the se&ual organ of
the male.
). -eduction
- is the art of a man enticing women to hae unlawful
intercourse with him by means of persuasion, solicitation, promises,
bribes or other means without employment of force
#. %cts of Lasciiosness
(. %cts of Lasciiousness with )onsent of the .Fended !arty
". %bduction
9. "orcible %bduction
E. )onsensual %bduction
/. %dultery
*. )oncubinage
I. Iigamy
J. Marriage )ontracted %gainst the !roisions of Law
L. !remature Marriage
L. !erformance of Illegal Marriage )eremony
M. !rostitution
$. )orruption of Minors
.. Chite -lae 'rade
!. %buse %gainst )hastity
!5.6I-I.$- ." '*( 5(6I-(# !($%L ).#( %!!LI)%IL( '. ,$$%',5%L
-(K,%L .""($-(-
9. /rae -candal 8 %rt. EJJ @
E. Immoral #octrines, .bscene !ublications and (&hibitions 8 %rt. EJ9 @
G. 6agrants and !rostitutes 8 %rt. EJE @
<. /rae 'hreats 8 %rt. E;E @
:. Light 'hreats 8 %rt. E;G @
>. .ther Light 'hreats 8 %rt. E;: @
B. /rae )oercions
;. ,njust 6e&ation or %ny .ther )oercion 8 %rt. E;B @

CHAPTER 7
MENTAL HEALTH DISORDERS
Mental *ealth #isorders = include disturbances in thinking, emotion, and
behaior. 'here is a comple& interaction between the physical, psychologic,
social, cultural and hereditary inMuences.
"actors that )ontribute to the #eelopment of Mental #isorders0
9. *eredity = the most fre1uent factor that contributes to insanity and a good
history will reeal the ascendants aSicted with the same.
E. Incestous Marriage = 'he mental illness is accentuated when they are blood
relaties.
G. Impaired 6itality = -tress, tension, worry, grief may predispose to insanity
<. !oor Moral 'raining and Ireeding = )orrupt moral upbringing in the family
due to immorality of the parents
:. !sychic "actors = "actors like loe, hate, rage, anger, passion
disappointments
>. !hysical "actors
a. $on to&ic factors = e&haustion resulting from seere physical and
mental strain and traumatic injuries to the head.
b. 'o&ic factors = drug addiction, infections of the brain
LI$#- ." M($'%L *(%L'* #I-.5#(5-0
9. !sychosomatic disorders = physical disorders caused by psychologic factors.
E. -omatiform disorders = encompasses seeral psychiatric disorders in which
people report physical symptoms but deny haing psychiatric problems.
G. /eneraliHed %n&iety #isorders
<. !anic %ttacks and !anic #isorder
:. !hobic #isorders
a. %goraphobia
b. -pecifc phobias
c. -ocial phobia
>. .bsessie )ompulsie #isorder
B. !ost 'raumatic -tress #isorder
;. #epression and Mania
?. Iipolar #isorder
9J. -uicidal Iehaior
99. (ating #isorders
a. %nore&ia nerosa
b. Iulimia nerosa
c. Iinge eating disorder
9E. !ersonality #isorders
a. !aranoid
b. -chiHoid
c. *istrionic
d. $arcissistic
e. %ntisocial
f. Iorderline
g. %oidant
h. #ependent
i. .bsessie = )ompulsie
j. !assie %ggressie
k. #issociatie
9G. -chiHophrenia = a serious mental disorder characteriHed by loss of contact
with reality 8 psychosis @ , hallucinations, delusions 8 false beliefs @ , abnormal
thinking, disrupted work and social functioning
'ypes of -chiHophrenia0
a. !aranoid
b. *ebephrenic
c. )atatonic
9<. #elusional #isorder
9:. !sychological Incapacity = a waste basket diagnosis because it is so broad a
term, that it coers all possible Mental #isorders.
-.M( M%$I"(-'%'I.$- ." M($'%L #I-.5#(5-0
9. #isorders of )ognition 8 Lnowing @
a. Illusion
b. *allucination
E. #isorders of Memory
a. #ementia
G. #isorders in the )ontent of 'hought
%. #elusion
a. #elusion of grandeur
b. #elusion of persecution
c. #elusion of reference
d. #elusion of -elf = %ccusation
e. #elusion of infdelity
f. $ihilistic delusion
g. #elusion of poerty
h. #elusion of control
i. #elusion of depression
I. .bsession
<. #isorders in the trend of thought
'ypes0
a. Mania
b. Melancholia
:. #isorders of (motions or "eelings = a disorder in the state of mind, feror, or
sensibility, not in accord with reality.
>. #isorders of olition or conation 8 doing @
Linds of )onation0
%. Impulsion or Impulse 8 )ompulsion @ = a sudden and irresistible force
compelling a person to the conscious performance of some action
without motie or forethought.
'ypes of )ompulsion0
a. !yromania
b. Lleptomania
c. #ipsomania
d. *omicidal impulse
e. -e& impulse
f. -uicidal impulse
#I-'I$)'I.$- I('C(($ '5,( %$# "%L-( I$-%$I'20
9. 'rue insanity deelops insidiously usually with the e&istence of some
predisposition to an e&citing cause if careful history is taken, while false
insanity deelops suddenly with no e&isting predisposition.
E. In true insanity, there is a peculiar facial e&pression, which is absent
in false insanity
G. In true insanity, there is a continuous and persistent manifestation of
insanity, which is only present in false insanity when the pretender is
under obseration, and absent when not under obseration.
<. In true insanity, there is a clinical entity of a specifc mental disorder,
which is absent in false insanity.
:. In true insanity, the patient can endure a iolent or stressful actiity
without fatigue, which is not present in false insanity
>. In true insanity, the patient does not obsere personal hygiene, in
false insanity, the pretender obseres hygiene
Insanity or Mental Illness is an e&empting or mitigating circumstance to
)riminal Liability as proided in the following0
9. %s an e&empting )ircumstance
%rticle 9E of the 5eised !enal )ode proides, 3 Chen the
imbecile or an insane person has committed an act which the law
defnes as felony, the court shall order his confnement in one of the
hospitals or asylums established for persons thus aSicted and he shall
not be permitted to leae without frst obtaining the permission of the
same court.
E. %s a mitigating )ircumstance
%rticle 9G, of the 5eised !enal )ode proides, the following are
mitigationg circumstances0
a. 'hat the oFender is deaf and dumb, blind or otherwise
suFering from physical defect which thus restricts his means of action,
defense or communication with his fellow beings
'he %merican Law Institute formulated the following 5ules on )riminal
5esponsibility and states thatO
9. % person is not responsible for his criminal conduct if at the time of
such conduct as a result of mental illness or defect, he lacks essential
capacity to appreciate the criminality of his conduct or to conform his
conduct to the re1uirement of the law.

E. 'he term 3 mental disease or defect 3 does not include an
abnormality manifested only by repeated criminal or otherwise anti
social conduct

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