Chapter 1 GENERAL CONSIDERATION LEGAL MEDICINE 6 4 ranch of medicine which ests wh appliation of medical knowledge to the purpos of Lam athe administration of juice. I isthe application of tase and slim, ‘medical and paramedical lence to elude logl mate's Originally the terms leg medicine, forenee medicine and mete Jurisprudence are synonymous and in cornmon practice are va Imterchangeably. This concept prevailed among counties unde? the Anglo-American invence "The concept and practice of legal medicine in the Pirines is ‘of Spanih orgin._ In modern times, eqpecialy in continental Far ean countries, legal medicine has s Similar mening as the tern forensic mesicir, although, sticty ‘speakng, legal medicine. primarily uh application of medicine to tga cases while forentc medicine concerns with the applcation of medica scree to chur date legal problems. On the other hand, thal purspredence (unrislaw, prudentio knowledge) denotes hnovie of lew in tr tion to the practice of medicine. It concerne withthe study of the rights, duties and oblyations of a medial practioner with pete tblar reference to thove afsing from doctor patent relationship According to the Rules of Court (See. §, Rule 138) Maal Jurisprudence is one of the subjects inthe law course belone Imision to the bar examination. This eased on the orginal ounce | must be the study of legal madicine as it was the racic in the pat Scope of Legal Medicine: ‘The scope of legal medicine i quite broad and eacompasana It ts the application of medical und paramedical scenery «omar boy law and adminiteation of fusion ‘The knowlndgr of che and extent of wounds has beep acquired s aiyiry, fynecology, adden death and effets of tears i pal site from having knowledge of the baste medi snatomy, physiology, blechemisry, physics td th Nature of the Study of Leal Medicine: 'A knowlege of egal madicion maune the ability to gequit: tte the power to arrange those facts in he Ieial ory, toda2 LEGAL MEDICINE ‘conchsion from the facte which may be wseful in the ad of justice. Aide from being a peroeptor of fact, he must possess the impart others terelly or im wrRing all thoae he has ‘A physiclan who specializes of is involved primarily with legal dies ie known ax medicel jurist, (mechical examiner, Inga officer, medicodngal expert) Inawmuch a administration Jhstice i primarily «function of the sate, physicians whom fe mainly medicolegal im mature are mostly in the ervie of Health otfieers aia! officers of lw enforcement agencies members of the redial aff of accredited howpital are by law to parform aulopues (Sec. 98, FD. 856, Code of owever, le the duty of every physician, when called upon by judicial authors, to asin te the administration of jution faites which are medico-igal in character" (Sec. 2, Art. ‘Of Medical Eis of the Medial Profession of the Philippines) ‘To te involved in medicolnpal duties, a physician must sufficient knowledge of pathology, surgery, £7MeO}ogY, {id sich other branches of medielne germane to the sae Distinction Between an Ordinary Physician anv a Medical Sure: 1. An ondinary physician sees an injury diease on the View of treatment, while » medicojorut we injury oF di the point of view of ease 2. The purpose of an ordinary physician examining « patent sive at definite dhaguous so that appropriate treatment Insttuted, while the purpose of the medical jurist in patient st snchide thow oly Fer Justice v) whom it due 8. Minor wiles arena evo by an ordinary (mach arte a0 ot use eal ens 5sEtet Salt dte mnrus ni Scieedbaton Hwee, ¢ meta paee e injuries even if they are amall or minor becuase these he Bipot to quit the sie co naar Example a The pre of era muses of a sal ae ny pra ik Se plied in te sem ent ‘imc comma na . I es GENERAL CONSIDERATION 2 , The presence of physical injuries on the offender of the crime of physcal injuries may be aproof that the victim acted in well-done, Ovber Definitions: 1. Law is a rule of conduct, just, obligatory laid by legitimate power for common observance and benefit. It laa science of moral amt {founded on te rational nature of man which regulates fre actnty for the realization of his individual and social ends wer the spect of mutual demandable independence. (1 37} "The word “law” includes regulations and cxrculars wich are lasved to implement 2 law and have, therefor, the effect of baw. Characteritice of Law a It isa rule of conduct; ‘Iti dictated by legitimate power, and ‘¢. Compulsry and obligatory to all (Cwil Code by Padia), Forms of Law: | Written or Statutory Law (Lex Seripta) ‘This is composed of laws which are produced ay the countrys legislations and which are defined, codified and incox erated fy the law-making body. Example: Laws of the Philippines, b. Unwritten or Common Law (Lex now Scripta) This is composed of the unwritten laws based on immesrist customs and usages. It is sometioes refered to as are by ‘Common in, jarsprudence or customary Ise, Example: Laws of England 2. Forensic |i denotes anything belonging to the count of lw or usd ia ‘court oF legal procendings or something fitted for Wgal at pub sryumentations (Black's Law Dictionary, th rd) 3. Medicine: Medicine i a science and art dealing with prevention. cure and Alleviation of disease Its that part of science and at of estos and preserving health. ‘The term medicine is also applied to 2 science and art of diag owing, tweating, curing and preventing dimave, relieving pain. ‘and improving the health ofa person, 4. Legal [Legal is that which pertains to lw, arising out of, by virtue of (or inehuded in law. I alo refers to anything conformable to th" Jeters or rales of aw as ti adminered by the cour,‘ LEGAL MEDICINE 5. turapnstene: Tt 2 practical xnce which investigates the nature, org, development and funccons of law. It a cence of eving wy ‘terpretatioa ofthe uw ad making Jos application of thew 8 ‘Mean a they ai Jd decison applying or sterpreting the laws shall form att of the Philippine jraprudence The decisions contemplated [tho rendered bythe Supreme Court which tthe foal aier Gn lop meee However, tne decions of the Court of Appas tray mrve a precedent for inferior courts on points of facts Principe of Stare Decne: ‘A principle at, when the court has once laid down a principle of law or inepretation as applied to a certain state of facts, wil there Lo and apply Yo all future came where the facts are my Suntaly the mame ‘The principle it one of policy, grounded on the theory that -ceurty" and certainty require that accepted and extabiched legal {rincipieg under which ght may acerue, be recognised and fob. Towed, though Iter found to be not Iegally sound, but whether previous holding of cour shall be adhered to, modified oF over ‘led is within the court's dretion under the circumstance of te ‘eum fore (Black's Law Dictionary, 4th) ranches of Lave Whare Legal Medicine may be Applied j 1 Ce Law ~ Coa lw i x mass of precepts that determines and raulater the relation of amistance, authority, and. obedient between members of + tumly and those which exist among members of «society for the protection of private interes (Sam Our ci lo ae wenifealy ant ystematily compe the Ci Code of he Pippne Repatc Act Nos 966) 1n cml lm, kaowiedge of eal maccine may be useful 00 tolowne 4 The decrmination and rmination ofc persona nit, fen a 1 The imitation of reriton of « natural person's capac ta (are 23 and 9), _ The mariage and Io! mpanton (Book 1 Te tit & AVI: 4.The pateruty and tation (Boo tite Villy, ahd © Inmurance Law (Act Nov 2427 ar amended) To inna capac tn making wil (8008 4. Code of Sanitation (00, 896)‘ LEGAL MEDICINE «Labor Code (P.D. 442) £. Employee's Compensation Law Some Basie Principles Governing Application and Bects of Laws: 1 lmmorace of the ln excuses no one from compliance thereuth gore Tepe nominem exeusat™” (ATE. 3, Co Cody) ‘The main reson for the provision It to prevent enorance of the lw ara teane of defenae for violation ofthe law. ‘The pr ‘ion refers foal Kinde of domestic Tawe On ound Of eape- {heney poy and neceasy “ignorance ofthe aw” may refer to the literal wordings of the law ad ale to the meaning of interpretation given to the ew Bt the rate not tnflexibie. It may only be applied when Sh ‘erly manenad and inexcusbly ignorant of te law Mee ignorance of the facta of the law would furnish trom te pununnent for volition of the penal code and immunity ftom the tality for aca lou for vation of personal or prop. ony ret 2. Laws shal have no retroactive effect, unless the contrary a pro led Art. Cuil Codey ‘A law can ony be appted to cass after its promulgation and must nt be gien retroactive apinton. ‘Alaw, howere, may be given retroactive effects inthe follow: ing iene 12 When the law pride the contrary (Art, 4, Chil Code) Penal laws dual be given retroactive effect if favorable tothe fcesed who not habitually delinquent (Art 22, Revoed ena Code. 4 €. When the aatute remem nature because there io ves Feit inthe rules of procedure When the law erst sta eubslantive right. 4 Rights may be waived, une the wae” contrary to law, publ frder. public poley, morals oF goad Sustoms, or prosaic third person with rahi recognised by ina Art 6 Cl Code aha te power orm, fcty which ean a man ried ye. Wading . {Guubment. abandonment 0: towing tway rennet Sioderng fs known rh "The rights granted to perio bylaw may be waived bul following cure, the lw dows ct alow suok eee When sich saber willbe contary Lo the sang tal GENERAL CONSIDERATION ’ . When itis atuinst public order, pubic potiey, morale and good cunome, 6. When ins0 waiving it prejudicial to third parson with « right recognized by iw. 4. Customs which are contrary 10 law, public order or public policy ‘hall not be countenanced (Art. 11. Cie Code) A eustory must bbe proved on e fact according to the rules of evidence (Sec. 12, Col Code) Custom ie uaige oF practice of the people, which by common sdoption and acquiescence and by long aed unvarying habit, has become compulsory and as acquited: the force of a bw with reapect to the place and subject matter to wich Wt reaten (Black's Law Dictionary, dth o) Cunoms connitite sources of mipplementary lw sa default of specific egiuation However, sf the custom ie contrary to the existing law of to public order and policy, the law must prevail 5. Laws are repecled onty by subsequent ones, and their violation or onobeervance shall Not be excused by dinise, cuslors ot Practie {othe contrary. When the court declares « law fo be inconsistent with ¢he con: ‘uitution, the former shall be wold and the later shal: Rover ‘Administrotwve or executive ctx orders and régatatons 4hall tbe taldt only when they are not contrary to the foes @r the com lution (Are 7, Cll Code) ‘The constitution Is the fundamental law of the land All sete ‘administrative of executive orders contrary Nor the provision the constitution shall be deemed vod [Any existing law which is incomistent with « mubveient tow {doomed cepeatad by the itt iw Adminisrative of executive acts, onlers and rogatattont ave com sidered valid when they are Dot in contravention with the exiting ewe, BRIEF HISTORY OF LEGAL MEDICINE 1 IN WORLDWIDE SCALE ‘The eariost recorded medico-ogal expert was tmahotep (2060 B.C... He was the chief physician and archivect of Kine Zomer of the thied’ dynasty in Egypt and the builder of the firs pyramid ‘That time was the fest recorded report of « munter tral writen fon clay tabeeLEGAL MEDICINE ‘The Code of Hammurabi, the oblet code of law (2200 BC) included legiation on adultery, rape, divorce, incest, abortion and volence, Hippocrates (460385 B.C.) in Greece discussed the lethality fof wounds. Aristotle (884-822 B.C.) fixed animation of fetus at thet day after conception. ‘About 300 B.C. the Chinese materia medica gave information ‘on pols inching aconite, arxenic and opium. Tashi was id {otave been wod asa nareoie in surgery about 200 B.C. ‘That bodies of all women dying during confinement should Immediately be opened in order to save the child's life was pro- rmulgated during the reign “of Numa Pompilius in Rome (600 Bey. ‘The fist “police surgeon” or forensic pathologist was Ante ‘ug, Julius Caesar (100-44 B.C.) was murdered and his body wat fexponed in the forum und Antistivs performed the autopey. He {ound out that Juliue Caer suffered from twenty-three wounds tnd only one penetrated the ches cavity through the space De {ween the first und second riba Justinian (483-565 A.D.) im hie Digent, male mention that « physician Is not an ordinary witness and that « physician giver Judgment rather than testimony. This led to the recognition of expert witness in court. ‘The fist textbook in legal medicine was inched in the Con tuto Criminaie Carolina which was promulgated in 1582 during ‘the reign of Emperor Charies Vin Germany, Pope Innocent It (1208) iaued an edict providing for the appointment of doctors tothe courts for the determination of the ature of wounds Pope ‘iegory 1X, in 1234, caused the preparation of Nowe Compilatio Decretltim which concerned medical evidence, mak riage, nullity, impotence, delivery, cacsarun sertion, lexitmacy, ‘etna offenata, ere againat persona and witcherat, In the 14th century, Pope John XXII expressed the need of ‘experts in the ecclesiastical courts, in the diagnosis of leprony ad ‘many medicolegal documents Im Chia, the si Yuan Lu (Inatructions to Coroner) was: lide. Iie a five volume book dealing with inquest, abortion, infanticde, signs of deoth, seul, mucde, frend, drowning, ‘uring, poioning and” antidote, GENERAL CONSIDERATION ° In 1875, Ambroise Pare considered legal medicine 28 4 separaty ducipline and he" discussed in bir book, abortion, wfunticile, ‘death by lightning, hangieg, drowame. feign disease, distinction between antemortem and post mortem wound and poimoning by ‘carbon monoxide and by corroswves, Paulus Zacchias (1684-1659), « papal physician, regarded ae the “Mather of forensic medicine.” He published Questiones Medicolegates which dealt with the legal aspects of wounde and the fir two chapter dealt with the detection of secret homicide In 1608, Severin Pineau published in Paria « work on virginity sand defloration. He confirmed the existence of the hyaen sd {hat Wt may not rupture during sexual intercourse (Orfla (1787-1853) introduced chemical methods in toxirotogy In hia Tate’ dee Potwon. he mentioned mineral, veetsove and ‘animal fousn in relation wth physiology, pathology and tepal imei He was conmudered later as the founder of modern tonicolony. "The period thereafter ie characterised by an apprectible: io: crease in available publication on the mubject cealang with moderns Innovative findings and proeadures relaued to medica! pesgrem ad changes in the Laws INTHE PELIPPINES: In 1858, the fist medical texthook printed including por tinent Instructions related to medicolegal practice Shute physician, Dr. Rafael Genard.'y. Max, ‘Chee! Army Poysier ‘entitled "Manual de Medicina Domestien In 1871, teaching of legal medicine, inckided at an academe subject in the foundation of the Schoo! of Medkne f abe Rest 4 Pontifica Univevsdad de Santo Tomas. ‘On March 81, 1876 by virtue of the Royal Decree No. 188,94 the King of Spain, Uhe position of "Medico Titulares wa creat’ and made in charge of public sanitation and at the vam ny medicolegal ad the odminstation of us ‘Manila and extended the sume time Wy services to ie In 1898, Americin’ Ciit Gowenment preserved the Spanish fovensie medicine rx 1m 1901, Philippine Commision exeuted the provincist, ili and municipal Board of Health (Net Nox 187. 307 and 30%) a0 ‘the Phibppines and assigned 20 the respective nepectrs and pryLEGAL MEDICINE ents of the sme, medicolegal duties of the “Medico Titularey” ‘of the Spanish regime. The Philippine Legislature maintained the Dre-xisting medico-legal system in full force in the Administrative Code, In 1908, the Philippine Medical School incorporated the teach. ing of Legal Medicine, one hour a week to the fifth year medica ‘audents, In 1919, the University of the Philippines created the Depart ment of Lagal Medicine and Ethics with the head having the sary (of 4,000.00 pesos per annum, halftime basin with Dr. Sisto de Tos Anges atthe che. ‘On January 10, 1922, the head of the Department of Legal Medicine and Ethics became the Chief of the Medico-Legal De- partment ofthe Philippine General Hopital without pay. ‘On March 10, 1922, the Philippine Legislature enacted Act. No. 1043 which became incorporated in the Administrative Code at Section 2465 and provided that Uhe Department of Legal Medicine, Unmet of the Paippines became s branch ofthe Departnen, On December 10, 1957, Commonwealth Act. No. 181 was passed creating the Divison of Investigation under the Department Dt duster. The Medico Legal Section was made as an integral ptt Of the Division with Dr. Gregorio T. Lantin asthe chief ‘On March 3, 1939, the Department of Lnpal Medicine of the Collage of Medicine. University of the Philippines wae abolished and its functions were arated to the Medico Legal Sectow of Ue Divison st, incesiition under the Department of Justice On duly, 1942, Treatens dou P. Laurel consoladoted by execute onde all the different n-enforcing agencies and created the Bureau of Investigation on July & 1944 Im 1945 smmesaiely after iberation of the City of Manda, the Provoxt Marshal of the United States Army created the Cri Investugation Laboratory with the Office of the Medical Examinet 24 9 Sota part and with Dr. Mariano tara as Chie! Medial (On June 28, 1945. the Divi of Lnvestigation, ander ie Department of Justwe was reactivated, ovesaathon, s ‘On dune 19, 1947, Repubine act of Investwation ld comtng te Dusent The Burew of Investigation Phipps. "Under tne breads Lae ‘wh Dr: Enewue Vd oe sans sv tne eee GENERAL CONSIDERATION " ‘There exists « Medico-Logal Division In the Cruminal Laboratory Beanch of the G2 of the Philippine Constabulary. All provincia. municipal and city health officers physicians of howptal, beats ‘centers aeyuma, penitentiares and colonies are ex officio ted Jegal officers In remote places where the service ofa registered physician was ‘ot available, « "Cewjano Ministrante” may perform medic logal ‘work. However, after the approval of Republic Act 1982 on June 16, 1954 which provided fo" Uhe creation of Fural bealth unit to each municipalty composed of municipal health officer, a [public mars, a midwife and a sniary inspector vetually abotaed the appointment of Cxujano Minsteante thereby making qualified Dhyslelans to perform medico-legal functions ‘une 18, 1949, Republic Act 409 which was later armerded by Republic Act 1934 provides (See. 38) foF the creation of the of fee of the Medical Examiners and Criminal Inveaigrtinn Lalbo- ‘atory under the Police Department of the City of Marais (On December 23, 1975, Prenential Decree 856 was promub (ated and Sec. 96 provides: ‘A. Persons authorized to perform autopsies: 1. Health otters 2. Medical officers of lw enforcement agencies 3. Members ofthe medical tatf of accredited Hopital 1B. Autopsies shall be peeformed in the following cases 1. Whenever required by special laws: 2. Upon order of a competent court, « mayor and a provia- calor ety fsa = 2, Upon written request of police authorities, ES 4 Whenever the Solicitor Geneeal, pravmcal or city Gael! <0 Seem i mecemry to disiner and lake pomeason of Ut 7 remains for examination to determine the couse of daa * ant 5. Whenever the nearest kins shall request in writing. the authorities concerned to aacrrtain the eau of death MEDICAL EVIDENCE Evidence is the means, sanctioned by the Rules of Court, of ‘ascertaining in a judicial proceeding the truth respecting a matter of fact (See. 1, Rule 128, Ruies of Court), It is the species of proof, or probative matter, lplly presented at the tral ofan inie by the act of the parties and through the mediuma LEGAL MEDICINE of witnesses, records, documents, concrete objects te. for the par pose of beucing belief im the minds of the court as to thei content tion (Blacks Law Dictionary, 40h ed) If the means employed to prove a fact is medical i nature then i Lvecomen « medical evidence. ‘Same rates in all cone ~ The rule of evidence shall be the sume in it courts and” on all als and hearings, whether ciil or criminal (ec 2, Rule 128, Rules of Cour) ‘Admissibility of evidence ~ Evidence ie admissible when i is relevent to the inne and im not exchided by these rules (Sec. 3, Rule 128, Rules of Court) 1 ie considered relevant when it has the tendency to prove any mater of fact. It e something whic by the process of logic. an Inference may be made as to the existence oF not-enistence Of a fact sine Relevancy of evidence (collterat matters) Evidence must have such a felation to the fatto lane at to induce belie in its existence ‘Ot nonexistence, therefore, collateral matters shall not be allowed, ‘except when they tend in any reamonable degree to establish the frobabilty or improbabilty of Ube fact at ame (Sec. 4, Rule 130, alee of Court Collateral matters are thowe different from those o do not cor resyond with the matters ame, {yper of Medical Pvidence: 1 Autoptie or Real Euidence: ‘This an evince made hnowa of addressed to the senses ofthe court Itt mot lumited to that which ie Known through the sense fof vison but iw extended to what the sens of raring, tate, sell find touch is pereeied ‘sec. 1, Rule 130, Rules of Court — View of en object — Whew: ‘ever an chject has such a velation to the fact fn amue a to afford ‘Feasonanie ground of belief respecting the latter, such object may be exhibited to oF viewed by the cout, or fs existence, situation, condition, of characier proved by witnesses, as the court i ha ‘iseretion may determine ‘The court may require the physician to present the skeleton of the victim of a criminal act exhumed and examined for the Rage {to we the presence and degree of the ante-mortem fractures (GENERAL CONSIDERATION s ‘The court may not allow exposure of the genitalia of an eged victim of sexual offense to show the presence and degree fof the genital and extra genital injuries suffered by the victim. ‘There are other ways for the court Lo know the fact other than setual exhibition, . Repulaive Objects and those Offensive to Sensibilities ~ Foul smelling objects, persons suffering from highly infectious and ‘Communicable dima, of object which when touch may mean Potential danger to the life and health of the judge may ot be Prewnted, However, if such evidence is necesmiry in the adjudication of the case, the question of indecency and impropriety oF the fact that auch erence fe Fepulaive oF offensive to sensibilities, it may be presentad. This will depend on the sound disretioa of See. 18, Rule 130, Rules of Court — Witnesses: Theie qual. feation ~" Except as provided in the next auccending set. All persons who, havi ergans of sease, can percerve, anc Pet ‘ceiving. ca make Known Ube perorption to others, may be ‘ritneseon Neither parties nor other persons interes in the Sutcome of a case shal be excluded, nor thowe wiv have been convicted of crime, nor any perwon on account of his pinion fon matters of religious belief ‘One of the exceptions to the ordinary witness rule & the privilege of communication (confidential) between phyncian and patient. Although the physicun perceived something Gheough bis organ of sense and hax the power to tranemit 19 ‘thers what he pereeived, he is not allowed to disclowe those informations to others as regards to matters he percemed from his patient daring the physician-patient relationship.“ LEGAL MEDICINE See. 21(¢), Rule 190, Rules of Court — Prieiaged commune cation — A person authorized to practice medicine, mingery af obstetrics cannot in a civ cave, without the consent of the patient, be examined ax 10 any information which he may have Scquized in attending such patient in a professional eapacky, ‘which information was necessary to erable him to actin tat ‘apecity, and which would blacken the character of the patent. ‘A medical witnest can only testify on matters derived by hi ‘own perception. Hearsay informations are as a rule not adi mime in cout, Hearmy evidences are those not from the personal knowledge of Une witness but from mere repetition of what be has heard others say. It is a “second hind” evidence which rest mainly on the veracity and com petence of te source. Sec, 20, Rule 120, Rules of Court ~ Testimony generally confined to personal knowiedge — A witness can testify only to those fact which he knows of his own knowledge; that i which are derived from his own perception, except as other ‘ise provided in these rule One of the exceptions to the nom-admissbility of hearay evidence in dying declaration’ The declaration of dying perso Under the conscioumeat of his impending death ae reyarde Ccrumstance regarding his impending death is admissible 1 spite of the fact that i is a hearmy. Itt made ao because of Iecesity and i i trustworthy ‘Exceptions to the heorsry rule. Sec. 91, Rule 190, Dying declaration ~ The declaration of « dying person, made under cious of an impending death may be record A ‘criminal case where his death tthe mibject of inquiry, at Silence Of the cause ana srrounding crcumaancen of ok Physics ate frequent recipients of dying declaration i the medical clinics und tmergency rooms of hospitala To be ae Iiauible & must be shown that the declarant was conscious Of ‘hs impending death, thatthe declaration must be with tegen {a his impending rath that the declarant was in full poset Of hie mental faculties when he mace the declarations amd Cait such evidence i presented im court in a case of howl murder or parichle wherein the declarant was the Expert Witneas: ‘A physician on account of his training and experieng ‘eve his opinion on a art of medical facta, Meee (GENERAL CONSIDERATION s infer something. determine the cause of death of render opinion pertinent to the laue and medical in mature ‘Sec. 42. Rule 130, Rules of Court ~ Opinion Rule ~ General ‘ule ~ The opinion of a witneus ix not admiasble, except at Indicated Inthe folowing section. ‘Sec. 43, Rule 180, Rules of Court ~ Expert Evidence —The ‘opirion of a witness regarding « question of science, art OF ‘rade, when he ie skilled therein, may be recelved in erkdence, ‘The probative value ofthe expert medical tesimony depends upon the degree of learning und experience on the ine of what tthe medical expert ia testifying, the oasis und lagi of hie con ‘luslon, and otver evidences teoding to show the versely oF Talaity of his testimony. 8. Experimental Boidence "A medical witness may be allowed oy the court to confirm his “ligation of usa corroborated proof te an opinion he previously tested ‘The iamae as to how long a person can survive, aftar the ad ministration of lethal dowe of polwon can be shown by the ad {ministration of the mit Polson to experimendal animals within the view of the court, Documentary Evidence ‘A document isan instrument an which is ecorded ty mean of levtera, figures, or marke intended to be used for the furpow of recording that matter which may be evidestally used. The term Spplios o writings, to words printed, iahogapsed or photo. ‘Gaphed: to seals plates or stones on which Inscriptions are tut ‘or engraved; to photographs and. pictures, to mape of Pans (Black's Law Dictionary, &th ed ) Medical Documentary Euidence may be 4 Medical Certification of Report oo. (1) Medical examination. (2) Physical examination ©: Deposition ~ A" deposition ie a written record of evidence ‘Bven orally and tranecibed in writing inthe form Of questions» LeGAL MEDICINE bythe interrogator and the answer of the deponent and signed ty Ue ater 8 Phycol Kowdence "Thea ate articles and materiale which are found in conneetin | ‘rth Ue Invetigation and which av in establishing the {F the perpetrator othe eicumsances under which the erie ‘mini, oF in general asst in the procution of & The Meifcaion, coection, preservation and mode of pam ‘eotatin of phywca evidence ix known in modem parlane a frimiralnce.” Cromialutic isthe application of sclenoes wih {i physen chemiazy, medicine and other Liological cence i ‘ime detection aed nvetigntbn, ‘On the svestaator's viewpoint, the following are the differnt typen of phynealwidences 1 Corpus DelictiBeidence — Objects or substances which may be ‘part of the body of the crime. The body of the vic Imre, prohioted drugs recovered from a person, dagger ‘ood aim or fingerprints of the suspect, stolen whicle Wenisied by plate number and by body or ‘oral numbers are examples of corpus deli evidence. 1, Aumocitive Eoence ~ These are physical evidences which flapct Uo the crime The offender may leave cles atte fich at weapon, tool, garments, fingerpeints 0 foot Broken Headlights laws found atthe crime scene in “hi ‘pair shop. Wearing apparel ofthe offender and other arta Cf value may be recovered where the crime of rape was €Om raid «Tracing Bidence ~ These ate physica evidences which mayan the investigator in locating the suspect. Aircraft o dip manila, pyacan's elie record showing medical teatment of epee for injuries sustained in an encounter, blood staine fro the ar reversed Dy Uhe wounded mapect infer detion ‘of the movement are examples of tracing evidence. Preservation of idence f The physical evinces recovered. doting medico aga ‘tion mud be prserved to mainain their wave whee fehl i court. Mos medical evidence are easly Dhysally"or chemically altered unlee appropriate frocadure are apie Ths problem further long ace of time the evsence was recovered and ay court” Prom it recovery and trun becoming 8 pale GENERAL CONSIDERATION ” tiestion report, 4 preliminary investigation will be made by the [rowecuting fucal t0 prove that there [sa prima face evetence to warrant fing of Uh cus im court. “While In cour, the case further tulferr delays because of postponement of the hearings, preferential wal of other case, raiaing of prejudicial inves o higher court ete Preservation of evidence in indeed vital in medico-lalinvetaation. Methods of Preserving Evitences: 1. Photographs, audio andior video tape, microfilm, photcett, era, voce tracing, et. ‘Photography is considered tobe the most practical, weful anid ‘An unlimited number of copies can be reproduerd, mach of ‘which i etic to one another. In colored photographs variation may vecur in the choice of the kind of lm and printing paper used. Ideniieation of voice from the recording instrument may sometimes be dificult. Audio recording may be depen os the speed, volume, pitch sed time which may be changed by ‘the instrument ond the recording aod weplaying 2. Sketching ~ If no scientific apparatus to preserve evidence i aad tle then a rough dawing of the scene of object Uo be preserve done, 1k must be simple, identifying significant tems and with ‘exact measurement Kinds of Sheteh 1 Rough Shetch — This made at the crime scene or dung ‘examination of living or dead body. On the late, an anatonie figure of the front, back and side part of the boxy mast be rade and the bodily euons indicated 1, Pintahed Sketch A sketch prepared fro the rough seh foe ‘court preentabion. aental Elements to be Included ina Shetch a, Meaaicement must be accurate 1. Compass direction must always be indicated to facilitate proper ‘orientation in the case of crime scene ‘Basen item which has a bearing i the sovestigation must be sche, 4. Seale and proportion must be stated oy mere estiotion,. LEGAL MEDICINE a. There must be a title and legend to tll what it isan the mean- ingof certain marks indented therein, 4. Dexvigtion ~ This in puting into words the perton oF thing to be Frocred,” Desibing 2 thing requires keen observation and « od power of sienton, perception, intelligence and experience. {mur enue a vied impreadon on the mind of the reader, true etre of the thing decribed The folowing ae the minimum standard requirements which sous be mtated inthe description ofthe person or thing to make iteomplee: 4. Shin Lesion — kind, measurement, other descriptive infor baton of the ison itself location, oxientation. 'b, Penetrating Wound (Punctured, Stab or Gunshot) — kind, ‘tape, other Information trom the ‘wound itef, location trlestaton,dvection, other structures involved, complications A freign slemente that may be present. Hymenal laceration — location, degree, duration, complication, 4. Peron ~ thove requirement in portrait pale (ave p. 53 wipe). 4. Mantis Method — In a miniature model ofa scene or of « human tedy indeting marks of the various aspects of the things to be Freerved. Am anatomical model or statuette may be used and Inj ae indicated with thelr appropeat legends. Although it ‘may not indlate the full detail ofthe leon, ie quie impresive to thevlewer at to the nature and sever ofthe trauma. {.Preoation inthe Mind of the Witness A person who perceived someting relevant for proper adjudication of « caso may be a ‘roe court I he bas the power to tranamit to others what he Parcels. He would Just have to make a rectal of his collection Trina drawbacks of preserving evidence inthe mind of the wine {The capacity of person to remember time, plce and event aay be destroyed or modified by the length of time, age of the ‘inews, confusion ‘with other evidences, trauma or daca, Uberby making the recoletion not reliable. The preservation is co-erminus with the ife of the witness If the witem dey, then the evidence is ox, Human mind cen easly be subjected to too many extraneous factors that may cause disotion of the truth, Other pesos ray influence a witness to verve the interest of another or wate rth face to jy an end. (Special Methods ~ Special way of treating certain typeof evidence ‘may be nectuary, Prewvation may be ewenta from the mei (GENERAL CONSIDERATION is recovered to make the condition unchanged up tothe period i reaches the criminal laboratory for appropriate examination, Preservation may be needed for the remaining portion of the fevidence submitted for future verification andjor court pre. sentation. ‘Some of the Special Ways of Preseroation ar: ‘8, Whole human body ~ embalming. bo. Soft tissues (skin, muscles, visceral organs) — 10% formalin solution ©. Blood — refrigeration, sealed bottle container, addition of chemical preservatives 4. Stains (blood, semen) ~ drying, placing in sealed container «, Poison ~ sealed container Kinds of Bvidence Necesary for Conviction: 1. Direet Evidence: ‘That which proves the fact in dispute without the aid of any {inference of presumption. ‘The evidence presinted corresponds to to the precise or sctual point a ewe, 2. Cireurntantil Evidence: The proof of fact of facts from which, taken either singly or collectively, the existence of « particular fact in dipute may be inferred asa necessary or probable consequence. When is circumstantial evidence sufficient to produce condition? ‘4. When there is more than one circumstance; b.When the facte from which the inferences are derived are proven; and When the combination of all the cltumatances is wich as to produce a conviction beyond reasonable doubt (Sec. 4, Rule 128, Rules of Court). ‘Weight and Sufficiency of Bvidence: Rule 133, Rules of Court Section 1. Preponderance of evidence, how determined. — In civil cases, the party having the burden of proof must establish his case by 2 preponderance of evidence. In determaing where the Dreponderance of siperior weight of evidence on the Issues involved lies, the court may consider all the facts and circumstances of the cease, the witnewss’ manner of testifying, thelr intaligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts Lo which they testify, the proba» LEGAL MEDICINE ity or improbabty of thei etimons’ thei interest oF wan: MERLE stun ther peronal credit #0 far asthe wame laptttaty apper ups the tu The COUN may also conser hc ‘ocr of sane though the preponderance le not necey {Tih gett umber rom the foregoing roviion ofthe Rules of Court, the following tudor us be conned which prtys evince preponderste ‘Al the fs and cvamtanes ofthe case She witnears) manner of texifying. their intelligence, the Denn and opportunities of Knowing te facta to which hey we aoe The tre of he fatto which the witnetos esi 41 The probbity and improbability of the witnesses’ texinoy. ¢: The interes or want of intrest of the witnesses £ Credtty of te wine so fara the ane may legitimately Spee upon the a The moi of witenespreentd, although preponderance I emseariy withthe presen umber Section 2~ Proof bend resonable doubt ~ Ina criminal ca, the defendant is ete to am acquittal. unless his guilt is shorn beyond resonable doo. Poof beyond reaonable doubt doer ot Sour sich t dope ot proof ax exchiding posi of eo, (Eeitce enh ey Morel sertiny only treculte, ora Ages of pool which produce conviction in an unpreydice ind 1. is presumed that a person is innocent of a crime until the con- teary is proven beyond reasonable doubt. The doubt. the benefit of ‘which an accused Is enitled in a criminal cage, ina reasonable doubt, and nota whimsical or fanciful doubt, pased on imagined and wholly Improbable possbiitier and unsupported by evidence. ‘Chapter I DECEPTION DETECTION ‘The knowledge of the truth isan essential requirement for the ‘administration of criminal justice. ‘The successor failure in making Gecisions may rest solely on the ability to evaluate the truth oF {aluty of the statement given by the suspect or witness. The task for ile determination initally lies on the hand of the investigator. ‘Modern scientific methods have been devin utilizing knowledge of physiology, payehology, pharmacology, toxicology, et. in deter. mining whether a subject is telling the tuth or not. Although the ‘elentiie methods of deception detection have not yet attained legal recognition to have their results admisable as an evidence in court they have been considered very useful as ads In criminal investigation. Methods of deception detection which are currontly being used oF applied by law enforcement agencies may be clasified as follows Devices which record the peyeho-phyeiologica rexponee ‘2. Use of «polygraph ora ile detector machine 1, Use ofthe word anscsition test ©, Ure of the prychological trem evalustor 2, Une of druge that ir t0 inhibit the inhibitor ‘Administration of “truth serum” Bb, Narcoanalyas or narconynthess © Intoxication 3. Aypnotien 4. By obvereation 5. Seientfic interrogation 6. Confession |. RECORDING OF THE PSYCHO-PHYSIOLOGICAL RESPONSE ‘The nervous control of the human body includes the central nervous system (the brain and the spinal cord) and the autonomic (ot regulating nervous system (sympathetic and pararympathetic) ‘Toe centra nervous aystem primarily controls the motor and sensory ‘umctions that coeur ator above Une threshold, Tt may be voluntary. ‘The autonomic nervous aystem acts asa selfrequlating autonomic response of the body.