FINAL EXAMS

LYCEUM OF THE PHILIPPINES

2004
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1.

Which of the ff. statements is FALSE:

a. Rape may now be prosecuted notwithstanding the victims desistance
b. The state may proceed on its own initiative in prosecuting rape
c. Subsequent submission cures the crime even if the initial act is rape
d. In the crime of rape, penetration is immaterial.

2. Which of the ff. constitutes a valid termination of a patient-physicians relationship?

a. Patients Choice
b. Doctors Choice
c. Eithers Choice
d. Ladys Choice
3. Which of the ff. do not belong to the External Standards of Malpractice?
a. Case Laws
b. Hospital policies
c. Legislative Enactments
d. DOH Memoranda
4. The ff. constitute Rape EXCEPT:
a. Use of sex stimulant
b. Victim is sleeping
c. Use of knock-out pills
d. Use of force or intimidation
5. Automatic Death Penalty is imposable in the ff. crimes EXCEPT:
a. Victim is below 7 years old
b. Offender harbors AIDS
c. Victim is a nun
d. Offender is a military man
6. Choose the odd item out.
a. Loss of speech
b. Loss of an eye
c. Permanent incapacitation
d. Deformity
7. Virginity is material only in which of the ff. crimes.
a. Object rape
b. Acts of Lasciviousness
c. Qualified seduction
d. Simple Seduction
8. Which of the ff. acts will consummate the crime of rape
1

a.
b.
c.
d.

Actual penetration
Touching the labia minora
Hymenal rapture
Touching the labia majora

9. The courts consider the results of the Lie Detector or Polygraph Test as
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
10. Which of the ff. circumstances belong to the NEW Rape Law.
a. Force
b. Deprivation of Reason
c. Threat
d. Intimidation
MIDTERM EXAMS
LYCEUM OF THE PHILIPPINES
2005
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1. Finding in a stab wound that makes it possible to determine the knifes length.
a. Hesitation cut
b. Length of the stab wound
c. Defense wound/s
d. Hilt Mark
2. Which of the ff. statements is FALSE?
a. Under the sweetheart theory submission of the victim will not cure the crime if the
initial act was against her will.
b. The new Anti-Rape law opens the avenue for charges of rape against breach of
promise to marry.
c. Jurisprudence on the use of cantahrides or sex stimulants maintains that such drugs
actually render a victim helpless and deprived of reason.
d. Marital rape can now be committed by the husband even during the subsistence of
marriage.
3. Type of injury/ies resulting from an elevator fall.
a. Contre coup
b. Coup-contre-coup
c. Locus minoris Resistencia
d. Apparent
4. A polygraph test has the ff. effect upon the regular courts
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
2

d. Admissible inconclusive
5. Which of the ff. facts respecting changes after death is untrue?
a. Cadaveric spasm is a natural phenomenon after all deaths.
b. Diffusion lividity after 12 hrs. will maintain its position even if the body is moved
from one place to another.
c. Algor mortis is not exactly a phenomenon in tropical countries.
d. Obese cadavers will decompose faster than skinny ones.
6. Which of the ff. does not fall under the criterion for brain death?
a. Absence of deep reflexes
b. Pupils constricted and unresponsive to light stimulus
c. Flat electroencephalogram
d. Absence of heart and lung activity
7. Post-mortem changes which CANNOT occur simultaneously
a. Cadaveric spasm and rigor mortis
b. Primary flaccidity and livor mortis
c. Decomposition and secondary flaccidity
d. Algor mortis and primary flaccidity
8. The main distinction between LEGAL death as against MEDICAL death is:
a. Legal death is a precise event while Medical death is continuous.
b. Legal coma means that the patient is still alive
c. Medical Coma means that the patient is still alive
d. Legal death has civil effects while medical death has none.
9. Mechanism of death from crucifixion
a. Cardiac failure
b. Traumatic asphyxia
c. Tracheal Compression
d. Brain failure
10. Drugs used in lethal-injection are penthatal, potassium, and
a. Pavulon
b. Permanganate compound
c. Panthotenic Acid
d. Cyanide
11. The gas commonly employed in execution gas chamber:
a. Carbon monoxide
b. Carbon dioxide
c. Hydrocyanic gas
d. Sulfur gas
12. Mode of euthanasia where victim is deprived of food and medicine
a. Active euthanasia
b. Orthothanasia
c. Passive euthanasia
d. Dysthanasia
3

13. Which of the ff. findings is not consistent with Suicidal Cut-throat
a. Hesitation cuts
b. Empty Stomach
c. Suicide note
d. Defense wounds
14. Type of asphyxia where killing is done by a guy sitting on the victims chest and another
guy covering the nose and the mouth.
a. Overlaying
b. Burking
c. Smothering
d. Choking
15. Which of the ff. circumstances is NOT a brand new amendment to rape.
a. Force, threat or intimidation
b. Statutory rape for the demented
c. Grave abuse of discretion
d. Fraudulent machination
B.
What are the pros and cons of Death Penalty? (10%)
C.
Mr. X blood type o married Mrs. Y blood type AB and their union brought forth an offspring
with blood type AB. The baby carries the fathers eyes, hair, dimples, and complexion. Would
there be a valid basis for Mr. X to file charges of infidelity against Mrs. Y? Answer with scientific
reasons.
D.
Discuss thouroughly the Substantive and procedural changes in the crime of Rape under RA 8353
as a result of its transfer from Art. 335. To 266 A-D of the RPC. (25%)
E.
Why is the Word Association Test inadmissible in Court? (5%)
MIDTERM EXAMS
SAN BEDA COLLEGE OF LAW
2003
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1.

Which of the ff. statements is FALSE:

a. Rape may now be prosecuted notwithstanding the victims desistance
b. The state may proceed on its own initiative in prosecuting rape
c. Subsequent submission cures the crime even if the initial act is rape
d. In the crime of rape, penetration is immaterial.

2. A polygraph test has the ff. effect upon the regular courts
a. Admissible conclusive
4

b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
3. The term EMERGENCY in rape means:
a. The victim is acutely bleeding from the sexual assault
b. The crime has been committed within 72 hours before clinical examination
c. The woman has been mentally deranged as a result of the act
d. The victim is originally demented
4. In vehicular accidents, the time reckoned from the point the driver sees an impending
danger to the point he steps on the bake pedal is called.
a. Reaction time
b. Effectivity time
c. Sked Time
d. Time out
5. Which of the ff. is NOT a characteristic finding in hangin?
a. Ligature mark is below the thyroid cartilage.
b. The sides of the ligature mark are abraided
c. The tongue may or may not be protruding
d. Blackening of the face above the ligature.
6. Finding in a stab wound that makes it possible to determine the knifes length.
a. Hesitation cut
b. Length of the stab wound
c. Defense wound/s
d. Hilt Mark
7. Which of the ff. constitutes a valid termination of a patient-physicians relationship?
a. Patients Choice
b. Doctors Choice
c. Eithers Choice
d. Ladys Choice
8. This doctrine controls the surgeon-anesthesiologist relationship.
a. Captain of the ship doctrine
b. Borrowed servant rule
c. Last clear chance doctrine
d. Pilot-co-pilot doctrine
9.

This post mortem change is not expected during the first 24 hours.
a. Cadaveric spasm
b. Rigor mortis
c. Secondary flaccidity
d. Livor mortis

10. Which of the ff. is NOT a sign of a gunshot near fire.

a. Smudge of soot
b. Contusion collar
c. Tattooing or stippling
5

d. Burns
11. Type of asphyxia where killing is done by a guy sitting on the victims chest and another
guy covering the nose and the mouth.
a. Overlaying
b. Burking
c. Smothering
d. Choking
12. Which of the ff. circumstances is NOT a brand new amendment to rape.
a. Force, threat or intimidation
b. Statutory rape for the demented
c. Grave abuse of discretion
d. Fraudulent machination
13. Which of the ff. statements if FALSE
a. The laws on malpractice do not vary in its applicability to all ages
b. The issue of authority shall only apply to ***pexistric patients
c. The malpractice law shall ultimately redound to less benefits to patients
d. There is enough law to prosecute erring physicians
14. Which of the ff. advance directives executed by the patient will apply in the event that he
arrives at a point of irreversible brain death.
a. Do not resuscitate
b. Durable power of attorney
c. Living will
d. Health proxies
15. A positive answer to this test will result in the prosecution of the physician.
a. Natural and probable consequence
b. Res ipsa loquitor
c. Admissibility of evidence
d. Fortuitous event
16. In the matter of informed consent, the ff. statements are true EXCEPT:
a. It is a process allowing a patient to have a full view of the planned research.
b. A document covering all the procedure may be executed.
c. The exploration is always done in lay language avoiding medical jargons
d. Parents may validly give their consent for their minor wards.
17. Which one means deficiency in action or failure to take necessary precautions
a. Imprudence
b. Negligence
c. Reckless imprudence
d. Simple negligence
18. Liabilities resulting from post-transfusion infections shall be reckoned with
a. Benefit to risk ratio
b. Assumption of risk
c. Informed consent doctrine
6

d. Ewanco doctrine
19. The ***Medical standard is based on the ff. EXCEPT:
a. Legislative enactments
b. Hospital policies and procedures
c. Case laws
d. DOH Memoranda
20. Which of the ff. statements is FALSE.
a. Failure to counter a drug reaction is also a negligent act.
b. The doctrine of caveat emptor is not a valid defense in product liability
c. In wrong baby cases, parents may recover damages for wounded feelings
d. The five rights in administration of drugs should always be observed.
21. When a physician refuses to perform hazardous procedures, it is a form of
a. Overtreatment
b. Qualitative defense
c. Quantitative defense
d. Negative defense

22. Which of the ff. is FALSE in abandonment of a patient-physician relationship.

a. Non-payment of hospital bill is not a defense for abandonment
b. There is a unilateral termination of the relationship by the physician
c. Abandonment shall be even after the relationship has been validly terminated.
d. The injury suffered by the patient is a direct result of such abandonment.
23. Under the doctrine of Strict liability, the ff precepts are observed EXCEPT
a. Negligence or carefulness of the manufacturer is not an issue
b. Compensation may be recovered from anyone in the distributive chain
c. Warranty or product protection is not an issue
d. Preventive measures by the manufacturer will not operate as valid defenses.
24. Whenever a malpractice case is filed utilizing this Doctrine, it is always supported by the
Doctrine of proximate cause.
a. Continuing negligence
b. Contributory Fault
c. Res Ipsa Loquitor
d. Last clear chance
25. Under this Doctrine, the physician cannot be blamed where the medical procedure itself
involves hazards regardless of care
a. Bes results
b. Assumption of risk
c. Calculated risk
d. Informed Consent
26. When two or more acceptable schools of though are available and a physician adopts the
one less taken by others, this Doctrine will be available in defense
a. Calculated Risk
7

b. Continuing negligence
c. Respectable minority rule
d. Clinical Innovation
27. In this case, the use of tongue upon the genitals constitutes object rape
a. Pp. vs. Blance
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Jalosjos
28. Mere touching of labia minoris is not enough. Clearly, it must be shown that there was an
animus to penetrate. This is enshrined in the case of.
a. Pp. vs. Blance
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Campuhan
29. A woman in her deep sleep is unconscious says who?
a. Pp. vs. Conde
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Campuhan
30. The present controlling doctrine in a surgeon-anesthesiologist set-up
a. Captain of the ship
b. Pilot co pilot
c. Ostensible Agent
d. Vicarious liability
31. This doctrine protects the hospital from outside experts to change their standards
a. Ostensible agent
b. Fellow servant
c. Practice parameters and guidelines
d. Respectable minority rule
32. The ff. are true under the Doctrine of Res Ipsa Loquitur EXCEPT
a. No expert testimony is required because the thing itself is the proof
b. It is also known as the common knowledge doctrine
c. It may be coupled with another doctrine to insure success in the litigation
d. The cause must be within the exclusive control of the defendant
33. Which of the ff. findings is gunshot wound not consistent with near firing.
a. Tattooing
b. Soot or smudge
c. Contusion collar
d. Burns
34. Incidence of DN A repition in the Philippines.
a. 1:1.4 Billiion
b. 1:85,000
8

c. 1:85 Million
d. 1:850 Million
35. Which of the ff. tissues or body fluids cannot be subjected to DNA analysis
a. Blood
b. Urine
c. Hair
d. Saliva
36. Which of the ff. is not a part of the triad of virgins
a. Tight vaginal walls
b. Intact hymen with small orifice
c. Prominent rugosities
d. Tense fourchetto
37. This thing comes out of the muzzle of a gun first
a. Flame
b. Slug
c. Burning powder
d. Unburned powder
38. Type of injury/ies resulting from an elevator fall.
a. Contre coup
b. Coup-contre-coup
c. Locus minoris Resistencia
d. Apparent
39. In drowning, death is ushered by which of the ff.
a. Period of apnea
b. Emphsema aquosum
c. Respiracion de surprise
d. Champignon d ocume
40. Most common drug used as truth serum
a. Sodium pentothal
b. Hydrocine hybrodromide
c. Pavulon
d. Sodium arnytal
41. Instrument secured from the courts in the absence of a LIVING WILL
a. Declaration of legitimacy
b. Decree of presumptive donation
c. Surrogate power of attorney
d. Administratorship
42. A fetus with an intra-uterine life of less than seven months is deemed not born if it dies
within
a. One hour
b. 24 hours
c. 12 hours
d. 48 hours
9

43. (BONUS IF YOU GET IT) The first sex transplant was performed on:
a. Hans Christian Anderson
b. Christian Jorgensen
c. Christian Barnard
d. Christian Bautista
II.
Mr. X blood type o married Mrs. Y blood type AB and their union brought forth an offspring
with blood type AB. The baby carries the fathers eyes, hair, dimples, and complexion. Would
there be a valid basis for Mr. X to file charges of infidelity against Mrs. Y? Answer with scientific
reasons.
III.
Joan at 17 was rushed to the hospital for emergency removal of her appendix. The surgeon, DR.
Lesbi, accidentally left a small sponge in the pentoneal cavity and could not retrieve it throgu the
small incisions. He just finished the operation. The recovery of Joan was smooth. Four years later,
Joan was again to be placed under the knife for Caesarian Section. The obstetrician DR. Kupad
saw the sponge but did nothing about it. He went with his own business. Three days later, Joan
died of sever septicemia (blood infection) courtesy of the sponge.
Question: Who if any should be held liable for the death of the patient? Support your
answers with liability doctrines
IV.
Engoy was dead drunk and fell to the ground flat on his face sustaining multiple lacerations and
abrasions in the process and was thus rushed to a hospital where he as immediately managed. He
was admitted under the service of Dr. Tignap. By the next morning, through the bandages in his
face, Engoy saw the doctor and said Ayoko sayo Doc. Sama ng mukha mo. Im dismissing you as
my physician!
To this the Doctor countered.. Hintayin mong matanggal ang benda mo tarantado kang
lasenggo pa! Pangit ka rin naman! Ayoko rin sayo!
Discuss separately the validity of the termination of the patient and from that of the
physician.
FINAL EXAMS
LYCEUM OF THE PHILIPPINES
2004
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1.

Which of the ff. statements is FALSE:

e. Rape may now be prosecuted notwithstanding the victims desistance
f. The state may proceed on its own initiative in prosecuting rape
g. Subsequent submission cures the crime even if the initial act is rape
h. In the crime of rape, penetration is immaterial.
10

11. Which of the ff. constitutes a valid termination of a patient-physicians relationship?

a. Patients Choice
b. Doctors Choice
c. Eithers Choice
d. Ladys Choice
12. Which of the ff. do not belong to the External Standards of Malpractice?
a. Case Laws
b. Hospital policies
c. Legislative Enactments
d. DOH Memoranda
13. The ff. constitute Rape EXCEPT:
a. Use of sex stimulant
b. Victim is sleeping
c. Use of knock-out pills
d. Use of force or intimidation
14. Automatic Death Penalty is imposable in the ff. crimes EXCEPT:
a. Victim is below 7 years old
b. Offender harbors AIDS
c. Victim is a nun
d. Offender is a military man
15. Choose the odd item out.
a. Loss of speech
b. Loss of an eye
c. Permanent incapacitation
d. Deformity
16. Virginity is material only in which of the ff. crimes.
a. Object rape
b. Acts of Lasciviousness
c. Qualified seduction
d. Simple Seduction
17. Which of the ff. acts will consummate the crime of rape
a. Actual penetration
b. Touching the labia minora
c. Hymenal rapture
d. Touching the labia majora
18. The courts consider the results of the Lie Detector or Polygraph Test as
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
19. Which of the ff. circumstances belong to the NEW Rape Law.
a. Force
11

b. Deprivation of Reason
c. Threat
d. Intimidation

MIDTERM EXAMS
LYCEUM OF THE PHILIPPINES
2005
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1. Finding in a stab wound that makes it possible to determine the knifes length.
e. Hesitation cut
f. Length of the stab wound
g. Defense wound/s
h. Hilt Mark
16. Which of the ff. statements is FALSE?
a. Under the sweetheart theory submission of the victim will not cure the crime if the
initial act was against her will.
b. The new Anti-Rape law opens the avenue for charges of rape against breach of
promise to marry.
c. Jurisprudence on the use of cantahrides or sex stimulants maintains that such drugs
actually render a victim helpless and deprived of reason.
d. Marital rape can now be committed by the husband even during the subsistence of
marriage.
17. Type of injury/ies resulting from an elevator fall.
a. Contre coup
b. Coup-contre-coup
c. Locus minoris Resistencia
d. Apparent
18. A polygraph test has the ff. effect upon the regular courts
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
19. Which of the ff. facts respecting changes after death is untrue?
a. Cadaveric spasm is a natural phenomenon after all deaths.
b. Diffusion lividity after 12 hrs. will maintain its position even if the body is moved
from one place to another.
c. Algor mortis is not exactly a phenomenon in tropical countries.
d. Obese cadavers will decompose faster than skinny ones.
20. Which of the ff. does not fall under the criterion for brain death?
a. Absence of deep reflexes
12

b. Pupils constricted and unresponsive to light stimulus

c. Flat electroencephalogram
d. Absence of heart and lung activity
21. Post-mortem changes which CANNOT occur simultaneously
a. Cadaveric spasm and rigor mortis
b. Primary flaccidity and livor mortis
c. Decomposition and secondary flaccidity
d. Algor mortis and primary flaccidity
22. The main distinction between LEGAL death as against MEDICAL death is:
a. Legal death is a precise event while Medical death is continuous.
b. Legal coma means that the patient is still alive
c. Medical Coma means that the patient is still alive
d. Legal death has civil effects while medical death has none.
23. Mechanism of death from crucifixion
a. Cardiac failure
b. Traumatic asphyxia
c. Tracheal Compression
d. Brain failure
24. Drugs used in lethal-injection are penthatal, potassium, and
a. Pavulon
b. Permanganate compound
c. Panthotenic Acid
d. Cyanide
25. The gas commonly employed in execution gas chamber:
a. Carbon monoxide
b. Carbon dioxide
c. Hydrocyanic gas
d. Sulfur gas
26. Mode of euthanasia where victim is deprived of food and medicine
a. Active euthanasia
b. Orthothanasia
c. Passive euthanasia
d. Dysthanasia
27. Which of the ff. findings is not consistent with Suicidal Cut-throat
a. Hesitation cuts
b. Empty Stomach
c. Suicide note
d. Defense wounds
28. Type of asphyxia where killing is done by a guy sitting on the victims chest and another
guy covering the nose and the mouth.
a. Overlaying
b. Burking
c. Smothering
13

d. Choking
29. Which of the ff. circumstances is NOT a brand new amendment to rape.
a. Force, threat or intimidation
b. Statutory rape for the demented
c. Grave abuse of discretion
d. Fraudulent machination
B.
What are the pros and cons of Death Penalty? (10%)
C.
Mr. X blood type o married Mrs. Y blood type AB and their union brought forth an offspring
with blood type AB. The baby carries the fathers eyes, hair, dimples, and complexion. Would
there be a valid basis for Mr. X to file charges of infidelity against Mrs. Y? Answer with scientific
reasons.
D.
Discuss thouroughly the Substantive and procedural changes in the crime of Rape under RA 8353
as a result of its transfer from Art. 335. To 266 A-D of the RPC. (25%)
E.
Why is the Word Association Test inadmissible in Court? (5%)
MIDTERM EXAMS
SAN BEDA COLLEGE OF LAW
2003
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1.

Which of the ff. statements is FALSE:

e. Rape may now be prosecuted notwithstanding the victims desistance
f. The state may proceed on its own initiative in prosecuting rape
g. Subsequent submission cures the crime even if the initial act is rape
h. In the crime of rape, penetration is immaterial.

44. A polygraph test has the ff. effect upon the regular courts
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
45. The term EMERGENCY in rape means:
a. The victim is acutely bleeding from the sexual assault
b. The crime has been committed within 72 hours before clinical examination
c. The woman has been mentally deranged as a result of the act
d. The victim is originally demented
14

46. In vehicular accidents, the time reckoned from the point the driver sees an impending
danger to the point he steps on the bake pedal is called.
a. Reaction time
b. Effectivity time
c. Sked Time
d. Time out
47. Which of the ff. is NOT a characteristic finding in hangin?
a. Ligature mark is below the thyroid cartilage.
b. The sides of the ligature mark are abraided
c. The tongue may or may not be protruding
d. Blackening of the face above the ligature.
48. Finding in a stab wound that makes it possible to determine the knifes length.
a. Hesitation cut
b. Length of the stab wound
c. Defense wound/s
d. Hilt Mark
49. Which of the ff. constitutes a valid termination of a patient-physicians relationship?
a. Patients Choice
b. Doctors Choice
c. Eithers Choice
d. Ladys Choice
50. This doctrine controls the surgeon-anesthesiologist relationship.
a. Captain of the ship doctrine
b. Borrowed servant rule
c. Last clear chance doctrine
d. Pilot-co-pilot doctrine
51. This post mortem change is not expected during the first 24 hours.
a. Cadaveric spasm
b. Rigor mortis
c. Secondary flaccidity
d. Livor mortis
52. Which of the ff. is NOT a sign of a gunshot near fire.
a. Smudge of soot
b. Contusion collar
c. Tattooing or stippling
d. Burns
53. Type of asphyxia where killing is done by a guy sitting on the victims chest and another
guy covering the nose and the mouth.
a. Overlaying
b. Burking
c. Smothering
d. Choking
15

54. Which of the ff. circumstances is NOT a brand new amendment to rape.
a. Force, threat or intimidation
b. Statutory rape for the demented
c. Grave abuse of discretion
d. Fraudulent machination
55. Which of the ff. statements if FALSE
a. The laws on malpractice do not vary in its applicability to all ages
b. The issue of authority shall only apply to ***pexistric patients
c. The malpractice law shall ultimately redound to less benefits to patients
d. There is enough law to prosecute erring physicians
56. Which of the ff. advance directives executed by the patient will apply in the event that he
arrives at a point of irreversible brain death.
a. Do not resuscitate
b. Durable power of attorney
c. Living will
d. Health proxies
57. A positive answer to this test will result in the prosecution of the physician.
a. Natural and probable consequence
b. Res ipsa loquitor
c. Admissibility of evidence
d. Fortuitous event
58. In the matter of informed consent, the ff. statements are true EXCEPT:
a. It is a process allowing a patient to have a full view of the planned research.
b. A document covering all the procedure may be executed.
c. The exploration is always done in lay language avoiding medical jargons
d. Parents may validly give their consent for their minor wards.
59. Which one means deficiency in action or failure to take necessary precautions
a. Imprudence
b. Negligence
c. Reckless imprudence
d. Simple negligence
60. Liabilities resulting from post-transfusion infections shall be reckoned with
a. Benefit to risk ratio
b. Assumption of risk
c. Informed consent doctrine
d. Ewanco doctrine
61. The ***Medical standard is based on the ff. EXCEPT:
a. Legislative enactments
b. Hospital policies and procedures
c. Case laws
d. DOH Memoranda
62. Which of the ff. statements is FALSE.
a. Failure to counter a drug reaction is also a negligent act.
16

b. The doctrine of caveat emptor is not a valid defense in product liability

c. In wrong baby cases, parents may recover damages for wounded feelings
d. The five rights in administration of drugs should always be observed.
63. When a physician refuses to perform hazardous procedures, it is a form of
a. Overtreatment
b. Qualitative defense
c. Quantitative defense
d. Negative defense

64. Which of the ff. is FALSE in abandonment of a patient-physician relationship.

a. Non-payment of hospital bill is not a defense for abandonment
b. There is a unilateral termination of the relationship by the physician
c. Abandonment shall be even after the relationship has been validly terminated.
d. The injury suffered by the patient is a direct result of such abandonment.
65. Under the doctrine of Strict liability, the ff precepts are observed EXCEPT
a. Negligence or carefulness of the manufacturer is not an issue
b. Compensation may be recovered from anyone in the distributive chain
c. Warranty or product protection is not an issue
d. Preventive measures by the manufacturer will not operate as valid defenses.
66. Whenever a malpractice case is filed utilizing this Doctrine, it is always supported by the
Doctrine of proximate cause.
a. Continuing negligence
b. Contributory Fault
c. Res Ipsa Loquitor
d. Last clear chance
67. Under this Doctrine, the physician cannot be blamed where the medical procedure itself
involves hazards regardless of care
a. Bes results
b. Assumption of risk
c. Calculated risk
d. Informed Consent
68. When two or more acceptable schools of though are available and a physician adopts the
one less taken by others, this Doctrine will be available in defense
a. Calculated Risk
b. Continuing negligence
c. Respectable minority rule
d. Clinical Innovation
69. In this case, the use of tongue upon the genitals constitutes object rape
a. Pp. vs. Blance
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Jalosjos
17

70. Mere touching of labia minoris is not enough. Clearly, it must be shown that there was an
animus to penetrate. This is enshrined in the case of.
a. Pp. vs. Blance
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Campuhan
71. A woman in her deep sleep is unconscious says who?
a. Pp. vs. Conde
b. Silvano vs. CA
c. Pp. vs. Aldana
d. Pp. vs. Campuhan
72. The present controlling doctrine in a surgeon-anesthesiologist set-up
a. Captain of the ship
b. Pilot co pilot
c. Ostensible Agent
d. Vicarious liability
73. This doctrine protects the hospital from outside experts to change their standards
a. Ostensible agent
b. Fellow servant
c. Practice parameters and guidelines
d. Respectable minority rule
74. The ff. are true under the Doctrine of Res Ipsa Loquitur EXCEPT
a. No expert testimony is required because the thing itself is the proof
b. It is also known as the common knowledge doctrine
c. It may be coupled with another doctrine to insure success in the litigation
d. The cause must be within the exclusive control of the defendant
75. Which of the ff. findings is gunshot wound not consistent with near firing.
a. Tattooing
b. Soot or smudge
c. Contusion collar
d. Burns
76. Incidence of DN A repition in the Philippines.
a. 1:1.4 Billiion
b. 1:85,000
c. 1:85 Million
d. 1:850 Million
77. Which of the ff. tissues or body fluids cannot be subjected to DNA analysis
a. Blood
b. Urine
c. Hair
d. Saliva
78. Which of the ff. is not a part of the triad of virgins
18

a.
b.
c.
d.

Tight vaginal walls

Intact hymen with small orifice
Prominent rugosities
Tense fourchetto

79. This thing comes out of the muzzle of a gun first

a. Flame
b. Slug
c. Burning powder
d. Unburned powder
80. Type of injury/ies resulting from an elevator fall.
a. Contre coup
b. Coup-contre-coup
c. Locus minoris Resistencia
d. Apparent
81. In drowning, death is ushered by which of the ff.
a. Period of apnea
b. Emphsema aquosum
c. Respiracion de surprise
d. Champignon d ocume
82. Most common drug used as truth serum
a. Sodium pentothal
b. Hydrocine hybrodromide
c. Pavulon
d. Sodium arnytal
83. Instrument secured from the courts in the absence of a LIVING WILL
a. Declaration of legitimacy
b. Decree of presumptive donation
c. Surrogate power of attorney
d. Administratorship
84. A fetus with an intra-uterine life of less than seven months is deemed not born if it dies
within
a. One hour
b. 24 hours
c. 12 hours
d. 48 hours
85. (BONUS IF YOU GET IT) The first sex transplant was performed on:
a. Hans Christian Anderson
b. Christian Jorgensen
c. Christian Barnard
d. Christian Bautista

19

II.
Mr. X blood type o married Mrs. Y blood type AB and their union brought forth an offspring
with blood type AB. The baby carries the fathers eyes, hair, dimples, and complexion. Would
there be a valid basis for Mr. X to file charges of infidelity against Mrs. Y? Answer with scientific
reasons.
III.
Joan at 17 was rushed to the hospital for emergency removal of her appendix. The surgeon, DR.
Lesbi, accidentally left a small sponge in the pentoneal cavity and could not retrieve it throgu the
small incisions. He just finished the operation. The recovery of Joan was smooth. Four years later,
Joan was again to be placed under the knife for Caesarian Section. The obstetrician DR. Kupad
saw the sponge but did nothing about it. He went with his own business. Three days later, Joan
died of sever septicemia (blood infection) courtesy of the sponge.
Question: Who if any should be held liable for the death of the patient? Support your
answers with liability doctrines
IV.
Engoy was dead drunk and fell to the ground flat on his face sustaining multiple lacerations and
abrasions in the process and was thus rushed to a hospital where he as immediately managed. He
was admitted under the service of Dr. Tignap. By the next morning, through the bandages in his
face, Engoy saw the doctor and said Ayoko sayo Doc. Sama ng mukha mo. Im dismissing you as
my physician!
To this the Doctor countered.. Hintayin mong matanggal ang benda mo tarantado kang
lasenggo pa! Pangit ka rin naman! Ayoko rin sayo!
Discuss separately the validity of the termination of the patient and from that of the
physician.
MIDTERM EXAMS
LYCEUM OF THE PHILIPPINES
2004
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
1.

Which of the ff. statements is FALSE:

a. Rape may now be prosecuted notwithstanding the victims desistance
b. The state may proceed on its own initiative in prosecuting rape
c. Subsequent submission cures the crime even if the initial act is rape
d. In the crime of rape, penetration is immaterial.

2. The courts consider the results of the Lie Detector or Polygraph Test as
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
20

3. Which of the ff. scenarios will NOT conststitute an act of rape?

a. Victim was in deep slumber when the carnal knowledge was committed.
b. A cantharide was used on the victims liquor before the commission
c. Victim is expectant when the promise of marriage was breached
d. A male attribute was jagged into another males buccal cavity.
4. In which of the ff. crimes is virginity a material element?
a. Statutory rape
b. Qualified seduction of a sister
c. Qualified seduction
d. Child abuse (sexual)
5. Which of the ff. devices recods the time used before you respondd.
a. Polygraph
b. Psychological stress evaluator
c. Word association test
d. Stop watch
6. Choose the odd case out
a. Pp vs. Campuhan
b. Pp. vs Conde
c. Silvano vs. CA
d. Pp. vs. Erina
7. What crime is committed if a batuta was rammed into someones throat?
a. Classic rape
b. Sexual assault
c. Object rape
d. Physical injuries
8. A condition where a womans hymen has not been altered and remains intat and includes
those who already had sexual experience but had not given birth.
a. Virgo intact
b. Hymenalis plasticalis
c. Demi-vriginity
d. Morphism.
9. Which of the ff. qualifying circumstances will NOT result in death penalty?
a. Rape of a nun in uniform
b. Victim commits suicide after
c. Attempted rape with homicide
d. Attempted homicide with rape
10. Which of the ff. is NOT A CARDINAL sign of virginity.
a. Intact hymen with small orifice
b. Light vaginal walls
c. Tense fourchette
d. Prominent rugosities
B.
21

Discuss fully the substantive and procedural changes in the crime of rape as a result of its
transfer from Art. 335 to Art. 266 A-D of the RPC.
C.
Discuss serious physical injuries under Art. 263 of the RPC. Omit the penalties.
MIDTERM EXAMS
LYCEUM OF THE PHILIPPINES
2004
LEGAL MEDICINE
MULTIPLE CHOICE: Write only the letter corresponding to your best answer in the booklet. NO
ERASURES so think before you write.
2.

Which of the ff. statements is FALSE:

a. Rape may now be prosecuted notwithstanding the victims desistance
b. The state may proceed on its own initiative in prosecuting rape
c. Subsequent submission cures the crime even if the initial act is rape
d. In the crime of rape, penetration is immaterial.

3. The courts consider the results of the Lie Detector or Polygraph Test as
a. Admissible conclusive
b. Inadmissible persuasive
c. Inadmissible
d. Admissible inconclusive
4. Which of the ff. scenarios will NOT conststitute an act of rape?
a. Victim was in deep slumber when the carnal knowledge was committed.
b. A cantharide was used on the victims liquor before the commission
c. Victim is expectant when the promise of marriage was breached
d. A male attribute was jagged into another males buccal cavity.
5. In which of the ff. crimes is virginity a material element?
a. Statutory rape
b. Qualified seduction of a sister
c. Qualified seduction
d. Child abuse (sexual)
6. Which of the ff. devices recods the time used before you respondd.
a. Polygraph
b. Psychological stress evaluator
c. Word association test
d. Stop watch
7. Choose the odd case out
a. Pp vs. Campuhan
b. Pp. vs Conde
c. Silvano vs. CA
d. Pp. vs. Erina
22

8. What crime is committed if a batuta was rammed into someones throat?

a. Classic rape
b. Sexual assault
c. Object rape
d. Physical injuries
9. A condition where a womans hymen has not been altered and remains intat and includes
those who already had sexual experience but had not given birth.
a. Virgo intact
b. Hymenalis plasticalis
c. Demi-vriginity
d. Morphism.
10. Which of the ff. qualifying circumstances will NOT result in death penalty?
a. Rape of a nun in uniform
b. Victim commits suicide after
c. Attempted rape with homicide
d. Attempted homicide with rape
11. Which of the ff. is NOT A CARDINAL sign of virginity.
a. Intact hymen with small orifice
b. Light vaginal walls
c. Tense fourchette
d. Prominent rugosities
B.
Discuss fully the substantive and procedural changes in the crime of rape as a result of its
transfer from Art. 335 to Art. 266 A-D of the RPC.
C.
Discuss serious physical injuries under Art. 263 of the RPC. Omit the penalties.

23