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LECTURE 1 Legal Medicine

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE ! Branch of medicine which deals with the application of medical knowledge to
the purpose of law and in the administration of justice (Solis, Legal
medicine p. 1)
Rules of Court, Rule 138 5 ! Application of Medicine to Law
! Sec. 5. Additional requirements for other applicants. - xxx No applicant
shall be admitted to the bar examinations unless he has satisfactorily Medical Jurisprudence
completed the following courses in a law school or university duly recognized ! Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)
by the government: civil law, commercial law, remedial law, criminal law, ! Application of Law to Medicine
public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics. Forensic Science
! Application of a broad range of scientific disciplines to public or legal
Application of Medicine to Law concerns
CIVIL LAW
! determination of civil personality (NCC, art 40,41,42) Forensic Medicine
! limitation of persons capacity to act (NCC, article 38, 39) ! Forensic Medicine branch of medicine that deals with use of medical
! marriage and legal separation - psychological incapacity knowledge to elucidate legal problems; sometimes it is used synonymously
! paternity and filiation with Legal Medicine.
! testamentary capacity of a person making a will
CRIMINAL LAW Forensic Medicine
! Circumstances affecting criminal liability (insanity) ! Clinical Forensic Medicine
! Crimes against persons ! Forensic Pathology
! Crimes against chastity ! Forensic Psychiatry
! Dangerous Drugs Act
! VAWC Clinical Forensic Medicine
REMEDIAL LAW ! Clinical Forensic Medicine branch of medicine that deals specifically with
! Physical and mental examination of the person (rule 28) cases involving both legal and medical aspects of patient care.
! Proceeding for hospitalization of an insane person (rule 101) ! Examples: Request for Physical Examination of person in custody, Aging of
! DNA evidence Wounds to determine if consistent with Alleged date of infliction
OTHER APPLICATIONS
! Labor Law Employees Compensation Forensic Pathology
! Insurance Law ! Forensic pathology subspecialty of pathology that focuses on medico-legal
! Special laws Juvenile Justice Act, Code of Sanitation death investigation; for death under suspicious circumstances, medico-legal
! Capacity to Enter Contracts officer can conduct an autopsy
! Regulation of Professions Medicine and Allied Medical Sciences
! Licensing of Hospitals Autopsy
! Duties imposed by law on Health Care providers ! Code on Sanitation, P.D. 856 95 (1975)
! Health Insurance ! Person authorized to perform Autopsies:
! Health related Laws 1. Health officers;
2. Medical officers of law enforcement agencies; and
Application of Law to Medicine 3. Members of the medical staff of accredited hospitals.
! Medical Negligence
! Hospital Liability Autopsy
! Health Maintenance Organizations ! Autopsies shall be performed in the following cases:
! Medical Privacy 1. Whenever required by special laws
! Rights of Patients 2. By Order of Court or Fiscal
! Medical Records 3. Upon written request of police authorities
4. Whenever the Solicitor General, provincial or city fiscal as
Scope of the Course authorized by existing laws, shall deem it necessary to disinter and
! Legal Medicine take possession of remains for examination to determine the cause
! Medical Jurisprudence of death
! Forensic Science 5. Whenever the nearest kin shall Request in writing by nearest of kin
! Forensic Medicine the to ascertain the cause of death

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Autopsy
! Autopsies may be performed on patients who die in accredited hospitals
subject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death
of the deceased and request permission to perform an autopsy.
2. Autopsy can be performed when the permission is granted or no
objection is raised to such autopsy within 48 hours after death.
3. In cases where the deceased has no next of kin, the permission
shall be secured from the local health authority.
Behavioral Science
! Forensic Psychiatry use of psychiatric evaluation and knowledge on
human behavior to elucidate legal problems, provision of therapeutic
services
! Forensic Psychology use of knowledge of the behavioral science for
assessment of criminal behavior, provision of therapeutic services provided
to individuals in forensic settings
! Application: Determination of Age, Capacity to Act and competence,
Circumstances that modify criminal liability, Drug abuse, mental
illness, suicide, sexual deviance, Support for Victims of Sexual
Assault, Violence or Abuse, Criminal Profiling
Forensic Science
! Forensic Entomology application of knowledge about insects, insect
identification; knowledge of their developmental and reproductive stages to
deal with legal problems such as time of death, and reconstruction of crime
scene.
! Forensic Odontology the application odontology to legal problems such
as identification of human remains, and analysis of bitemarks
! Forensic Anthropology discipline concerned with study of skeletonized
human remains as they apply to identification, determination of age, sex,
presence of trauma or disease, includes both anthropology and archaeology.
Anthropology is the study of humans, their cultures, and their biology.
! Forensic Toxicology discipline that concerns itself with a study on drugs
and metabolites in biological fluids with application in medico-legal cases;
study of poisons and the different types of poisoning.
! Forensic Chemistry scientific examination and identification of physical
evidence such as blood and seminal fluids, gunpowder residues, explosives,
hairs and fibers, tool marks, glass fragments/fractures, paints and soil
! DNA Analysis use of DNA to elucidate legal problems
including identification of body fluids, stains, and determination
of species.
! Forensic instrumentation - analytical chemistry such as spectroscopy
(how a material absorbs light comparison of paint chips, textile fibers),
chromatography(techniques to separate mixtures of solids or liquids into
individual components for analysis of drugs, explosive residues) and
microscopy as applied to forensic examinations.
! Forensic Computer Science the application of knowledge on computers
and technology to elucidate legal problems such as recovery and analysis of
digital evidence, documentation and interpretation of computer data, and
other legal issues involving use of computer or networks as a tool or target
in the commission of the crime.
Forensic Medicine Ivy Patdu, M.D., J.D.
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!
! Questioned Document Examination study of all types of questioned
documents including handwriting analysis, examination of signatures, study
of document alterations of obliterations and examination of counterfeit bills
! Forensic Photography documentation of crime scene and physical
evidence
! Dactyloscopy study of fingerprint principles in criminal investigation
! Polygraphy specific detection of deception in relation to criminal
investigation.
! Presidential Decree No. 1575 requires practitioners of dentistry to keep
and maintain an accurate and complete record of the dentition of all their
patients.
! Upon the lapse of ten years from the last entry, dental practitioners shall
turn over the dental records of their patients to the National Bureau of
Investigation for record purposes
History
! Hippocrates (460-355 BC) discussed lethality of wounds
! Antistius he is the forensic pathologist who performed an autopsy on
Julius Cesar (100-44 BC) and found out that Julius Cesar suffered from 23
wounds, only one penetrated the chest cavity through the space between
the first and second ribs.
! Song Ci Father of forensic medicine. He published a 5 volume book on
forensic medicine that was useful reference for the Justice bureaucracy, His
Yuan Lu (Instructions to Coroner), included topics like abortion, infanticide,
drowning, poisoning, examination of dead
Forensics in the Philippines
! 1858 - first medical textbook related to medico-legal practice by Spanish
Physician Dr. Rafael Genard y Mas
! 1871 - Legal Medicine was included as a subject in the School of Medicine
of Real y Pontifica Universidad de Santo Tomas
! 1895 Medico-legal laboratory was established in the City of Manila
! December 10, 1937 Commonwealth Act No. 181 was passed creating the
Division of Investigation under the Department of Justice. Medico-Legal
Section was an integral part and Dr. Gregorio Lantin was chief
! June 19, 1947 Republic Act No. 157 created the Bureau of
Investigation
! June 18, 1949 Republic Act 409 creation of the Office of the
Medical Examiners and Criminal Investigation Laboratory under the
Police Department of the City of Manila
READ: Solis, Legal Medicine, 6-11 (1988)
Modern Forensics
! Before, criminal investigation relied on fingerprints and eyewitness
! Trace evidence
! DNA Evidence
! Improved Database
Fingerprint database in the Philippines
! Fingerprint database mostly those with criminal records
! Half a million prints in database
! 39M unclassified fingerprint cards
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! Automated Fingerprint Identification System or (AFIS) - which can LECTURE 2

process 40,000 prints a minute MEDICAL SCIENCE AND THE LAW
Forensics in the Philippines
! Major agencies of government concerned with forensic investigations: When is a Person considered born?
1. National Bureau of Investigation Taft Avenue, Manila ! Art. 40. Birth determines personality; but the conceived child shall be
2. Philippine National Police Camp Crame, Quezon City- Scene of considered born for all purposes that are favorable to it, provided it be born
the Crime Operation (SOCO Units) later with the conditions specified in the following article.
3. Local Crime Laboratories ! Art. 41. For civil purposes, the fetus is considered born if it is alive at the
! Resources usually go to analysis of drugs and DNA time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed
Crime Laboratory born if it dies within twenty-four hours after its complete delivery from the
1. Physical Science Unit analysis of object evidence at crime scene maternal womb.
2. Biology Unit analysis of trace evidence (blood, fibers, DNA)
3. Firearms Unit analysis of ballistics What is the Intrauterine Life?
4. Document Examination Unit handwriting analysis ! A conceived child shall be considered born for all purposes favorable to it
5. Photography Unit documentation provided that:
6. Others: toxicology unit (biological fluids), fingerprint, polygraph, evidence- a. Delivered alive INTRAUTERINE LIFE of 7 months or older (7m,
collection >7m)
b. Delivered alive at less than 7 months, does NOT die within 24 hours
NBI Technical Divisions (<7m)
! Behavioral Science Division ! Whether an infant survives for 24 hours is a determination made in the
! Dactyloscopy Division hospitals or by someone who attends to a woman during childbirth. In very
! Electronic Data Processing Division rare instance, some newborn babies would appear dead but are in fact still
! Firearms Investigation Division alive.
! Forensic Chemistry Division ! Lazarus syndrome autoresuscitation after failed cardiopulmonary
! Identification and Records Division resuscitation
! Medico-Legal Division
! Photography and Publication Division Gestational Age
! Polygraph Division ! The law assumes that a baby born at 7 months would survive.
! Questioned Documents Division ! In the Philippine General Hospital a baby born at 27 weeks survived
! In the United States A baby named Amillia Taylor was born at 21 weeks
PNP Frontline Services and 6 days weighing only 283 grams (2006)
! Autopsy (P1200) ! Counted from first day of last menstruation of mother
! Histopathological Examination (P1000) ! May also be based on early ultrasound
! DNA Examination (P20,000 per specimen) ! From first day of last menstruation expected date of delivery will be from
! Drug Test (P400) 38 to 42 weeks
! Examination of Altered or Erased Documents, Counterfeit bills (P2000) ! Continental Steel Manufacturing Corporation vs. Montao, 603 SCRA
621(2009)
PNP Frontline Services
! Hortillanos wife, Marife V. Hortillano, had a premature delivery on 5
! Handwriting (P3500)
January 2006 while she was in the 38th week of pregnancy.
! Signature Examination (P2000)
According to the Certificate of Fetal Death dated 7 January 2006,
! Polygraph Examination (P600)
the female fetus died during labor due to fetal Anoxia secondary to
! Semen Determination (P500)
uteroplacental insufficiency.
! Serology Examination (P500)
! Continental Steel immediately granted Hortillanos claim for
! Virginity Determination (P100)
paternity leave but denied his claims for bereavement leave and
other death benefits, consisting of the death and accident insurance.
! Senate Bill No. 1868 - seeks to establish and provide funding for a
! We emphasize that bereavement leave and other death benefits are
Forensic Science Institute in the University of the Philippines system to
granted to an employee to give aid to, and if possible, lessen the
provide competent, scientific and modern technical services for the
grief of, the said employee and his family who suffered the loss of a
detection and investigation of crimes.
loved one. It cannot be said that the parents grief and sense of
! Technical Group already working on curriculum for a B.S. Forensic Science
loss arising from the death of their unborn child, who, in this case,
under CHED
had a gestational life of 38-39 weeks but died during delivery, is
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any less than that of parents whose child was born alive but died
subsequently.
Abortion
! Medical Definition
! Abortion products of conception expelled at 20 weeks or less (24
weeks)
! Fetal death in utero More than 20 weeks or weighs 500g or
more
! Usual Causes of Abortion: infection, nutrition, anatomic abnormalities,
alcohol and tobacco, chromosomal abnormalities of fetus
! Criminal Law Definition considers viability or capability of independent
existence
! RPC arts. 256, 257, 258, 259
! Intentional Abortion
! Unintentional abortion
! Abortion practiced by the woman herself of by her parents
! Abortion practiced by a physician or midwife and dispensing of
abortives
Intentional Abortion
1. use of any violence upon the person of the pregnant woman.
! Abortion caused by trauma - as a rule, caused by event/trauma
that occurred weeks before (more fatal in later stages of
pregnancy)
! In later stages, a fetus might die because of Uterine rupture,
Placental Abruption
2. without using violence
! could be drugs
! ex. morning after pills not legal, alter hormone levels to
prevent implantation
Unintentional Abortion
! Art. 257. Unintentional abortion. xxx any person who shall cause an
abortion by violence, but unintentionally.
! Abortion practiced by a physician or midwife taking advantage of
their scientific knowledge or skill, shall cause an abortion or assist
in causing the same.
! Dispensing of abortive by pharmacist without prescription
Ex. Cytotec (misoprostol) for ulcer
Infanticide
! Art. 255. Infanticide. The penalty provided for parricide in Article 246
and for murder in Article 248 shall be imposed upon any person who shall
kill any child less than three days of age. Xxx
Problem:
! A man came home to his 6-month pregnant wife. He then stabbed her 14
times. The neighbors who heard the commotion went into the house just as
the man rushed out. They saw the bloodied body of the dead wife and a
dead baby apparently delivered from the mothers womb. What crimes were
committed?
Forensic Medicine Ivy Patdu, M.D., J.D.
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!
Capacity to Act
! NCC, Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity to act, and
do not exempt the incapacitated person from certain obligations, as when
the latter arise from his acts or from property relations, such as
easements. (32a)
! Art. 39. The following circumstances, among others, modify or limit capacity
to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence, insolvency and trusteeship.
The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited
on account of religious belief or political opinion.
! A married woman, twenty-one years of age or over, is qualified for all acts of
civil life, except in cases specified by law. (n)
Sex
! SEX OF A CHILD
! Genetic
! Appearance
! Republic vs. Cagandahan, 565 SCRA 72(2008)
! Jennifer Cagandahan was diagnosed of having Congenital Adrenal
Hyperplasia (CAH), and she filed a petition at RTC Laguna for
Correction of Entries in her Birth Certificate such that her gender or
sex be changed to male and her first name be changed to Jeff.
! The Court considered the compassionate calls for recognition of the
various degrees of intersex as variations which should not be
subject to outright denial. SC is of the view that where the person
is biologically or naturally intersex the determining factor in his
gender classification would be what the individual, having reached
the age of majority, with good reason thinks of his/her sex. As in
this case, respondent, thinks of himself as a male and considering
that his body produces high levels of male hormones, there is
preponderant biological support for considering him as being a male.
Sexual development in cases of intersex persons makes the gender
classification at birth inconclusive. It is at maturity that the gender
of such persons, like respondent, is fixed.
Age
! R.A. 9344, SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen
(15) years of age or under at the time of the commission of the offense shall
be exempt from criminal liability.
! Sec. 7. xxx The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the
child himself/herself, testimonies of other persons, the physical appearance
of the child and other relevant evidence. xxx
! *OLD AGE over 70 years old mitigating circumstance
Imbecility
! Wechsler IQ test ratings identify those as imbeciles who suffer moderate
mental retardation.
! Idiot 2 years old, profound Mental Retardation IQ below 20
! Imbecile 2-7 years old, moderate to severe mental retardation IQ 20-
49
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! Moron 7-12 years old, Mild mental retardation -- IQ 50-69
! Terms used:
! idiot, imbecile, moron ! mild retardation, moderate retardation,
severe retardation, and profound retardation ! intellectual
disability
! Intellectual disability may be assessed by psychologists and
psychiatrists
! Causes: Trauma to head, genetics (Down Syndrome), Infections
(Meningitis), Lead poisoning or exposure to toxic substances
Deaf-Mute
! Hearing tests, Examination by an ENT
! People vs. Parazo, 310 SCRA 146(1999)
! Marlon Parazo was charged with rape and frustrated homicide.
Based on the foregoing, it appears that the problem of appellant
Marlon Parazo is the severe hearing defect or deafness. The
presence of an organic disorder cannot be determined because of
the latters inability to communicate. However, some degree of
mental retardation was gathered with the use of Paper and Pencil
Test. His mental age is seven (7) years and nine (9) months. His
Intelligence Quotient (IQ) is 60.
! The absence of a qualified interpreter in sign language and of any
other means, whether in writing or otherwise, to inform the accused
of the charges against him denied the accused his fundamental
right to due process of law.
INSANITY
! Insanity a person with a psychiatric condition is considered insane,
usually those who suffer hallucinations, delusions, disordered thinking
! Lucid intervals usually, those with a psychiatric condition, controlled by
medication, or therapy would think clearly
! Ex. Schizophrenia (medical criteria)
! Schizophrenia typically begin between adolescence and early adulthood
for males and a few years later for females, and usually as a result of a
stressful period (such as beginning college or starting a first full time job).
! delusions and hallucinations, disorganized behavior and/or speech, flattening
or inappropriate affect
Bipolar I disorder
! Manifestations:
1. at least one manic episode a person must have at least one manic
episode (Mania intense high, euphoria, feels indestructible,
elevated self-esteem, talkative)
2. Depression develops as mania fades, consequences of activities
becomes apparent
! Developmental disorders include autism and mental retardation, disorders
which are typically first evident in childhood
! Personality disorders are clinical syndromes which have a more long lasting
symptoms and encompass the individual's way of interacting with the
world. They include Paranoid, Antisocial, and Borderline Personality
Disorders.
Forensic Medicine Ivy Patdu, M.D., J.D.
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!
Psychological Incapacity
! the intention of the law to confine the application of Article 36 to the most
serious cases of personality disorders, clearly demonstrative of an utter
insensitivity or inability to give meaning and significance to the marriage;
that the psychological illness that must have afflicted a party at the inception
of the marriage should be a malady so grave and permanent as to deprive
one of awareness of the duties and responsibilities of the matrimonial bond
he or she is about to assume. Suazo vs. Suazo, 615 SCRA 154(2010)
! Jocelyn and Angelito were 16 years old when they first met in June
1985. After months of courtship, Jocelyn went to Manila with
Angelito and some friends. Having been gone for 3 days, their
parents sought Jocelyn and Angelito and after finding them,
brought them back to Bian, Laguna. Soon thereafter, Jocelyn and
Angelitos marriage was arranged and they were married on March
3, 1986. Without any means to support themselves, Jocelyn and
Angelito lived with Angelitos parents after their marriage. They
had by this time stopped schooling. Jocelyn took odd jobs and
worked for Angelitos relatives as household help. Angelito, on the
other hand, refused to work and was most of the time drunk.
Jocelyn urged Angelito to find work and violent quarrels often
resulted because of Jocelyns efforts.
! the intention of the law to confine the application of Article
36 to the most serious cases of personality disorders, clearly
demonstrative of an utter insensitivity or inability to give
meaning and significance to the marriage; that the
psychological illness that must have afflicted a party at the
inception of the marriage should be a malady so grave and
permanent as to deprive one of awareness of the duties and
responsibilities of the matrimonial bond he or she is about to
assume.
! It is not enough that the respondent, alleged to be psychologically
incapacitated, had difficulty in complying with his marital
obligations, or was unwilling to perform these obligations. Proof of
a natal or supervening disabling factor an adverse integral
element in the respondents personality structure that effectively
incapacitated him from complying with his essential marital
obligations must be shown.
! Mere difficulty, refusal or neglect in the performance of marital
obligations or ill will on the part of the spouse is different from
incapacity rooted in some debilitating psychological condition or
illness; irreconcilable differences, sexual infidelity or perversion,
emotional immaturity and irresponsibility and the like, do not by
themselves warrant a finding of psychological incapacity under
Article 36, as the same may only be due to a persons refusal or
unwillingness to assume the essential obligations of marriage.
1. Pathological Lying (Magical Thinking) Antonio vs. Reyes, 484
SCRA 353, March 10, 2006
! Leonilo Antonio, 26 years of age, and Marie Ivonne Reyes, 36
years of age met in 1989. Barely a year after their first
meeting, they got married at Manila City Hall and then a
subsequent church wedding at Pasig in December 1990.
! Reyes persistently lied about herself, the people around her,
her occupation, income, educational attainment and other
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events or things. She even did not conceal bearing an
illegitimate child, which she represented to her husband as
adopted child of their family.
! Maries fantastic ability to invent, fabricate stories and letters
of fictitious characters enabled her to live in a world of make-
believe that made her psychologically incapacitated as it
rendered her incapable of giving meaning and significance to
her marriage. The root causes of Reyes psychological
incapacity have been medically or clinically identified that was
sufficiently proven by experts.
! The gravity of respondents psychological incapacity was
considered so grave that a restrictive clause was appended to
the sentence of nullity prohibited by the National Appellate
Matrimonial Tribunal from contracting marriage without their
consent. It would be difficult for an inveterate pathological liar
to commit the basic tenets of relationship between spouses
based on love, trust and respect.
2. Constant nonfulfillment, senseless and protracted refusal to
have sexual intercourse Chi Ming Tsoi vs. Court of Appeals, 266
SCRA 324(1997)
! Sometime on May 22, 1988, the plaintiff married the
defendant at the Manila Cathedral. They slept together in the
same room and on the same bed since May 22, 1988 until
March 15, 1989. But during this period, there was no attempt
of sexual intercourse between them. She claims, that she did
not: even see her husband's private parts nor did he see hers.
She remains a virgin.
! Dr. Alteza said, that the defendant had only a soft erection
which is why his penis is not in its full length. But, still is
capable of further erection, in that with his soft erection, the
defendant is capable of having sexual intercourse with a
woman.
! Evidently, one of the essential marital obligations under the
Family Code is "To procreate children based on the universal
principle that procreation of children through sexual
cooperation is the basic end of marriage." Constant non-
fulfillment of this obligation will finally destroy the integrity or
wholeness of the marriage. In the case at bar, the senseless
and protracted refusal of one of the parties to fulfill the above
marital obligation is equivalent to psychological incapacity.
Insanity Mentioned in Law
! Competency to stand Trial
! Exempting Circumstance
! Death convict who becomes insane after his final conviction cannot be
executed while in a state of insanity
! Violent insanity shall be considered legal grounds for the detention of any
person
! Raises penalty for rape, serious physical injuries, if victim becomes insane;
rape if victim is insane
! Ground for annulment
! Capacity to give consent to contract [Unsound Mind]
! Detention by reason of insanity or imbecility is not considered a penalty
Forensic Medicine Ivy Patdu, M.D., J.D.
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!
! CRIMINAL INSANITY individuals make-up at the time of the offending
act was such that, with respect to criminality of his conduct, he substantially
lacked capacity to act rationally
* ignorance lack of understanding
* compulsion irresistible impulse
! Legal standards for criminal insanity do not match the psychiatric diagnostic
criteria
No Temporary Insanity
! People vs. Aquino, 322 SCRA 769(2000)
! Edgardo Aquino appeals his conviction for murder of Esmeralda
Lampera.
! Neither are we persuaded by EDGARDOs plea of temporary
insanity. As the OSG aptly stated, temporary insanity is not
recognized in this jurisdiction. Insanity, under Article 12 of the
Revised Penal Code, connotes that the accused must have been
deprived completely of reason and freedom of the will at the time of
the commission of the crime, or that he must have acted without
the least discernment. Mere abnormality of the accuseds mental
faculties does not exclude imputability.
BWS
! R.A. 9262, Sec. 3(c)"Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
! Sec. 26 xxx In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the commission of
the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
! Battered Woman Syndrome - three phases:
(1) the tension-building phase - minor batterings in the form of
verbal or slight physical abuse; woman tries to pacify the batterer
through a show of kind, nurturing behavior; or by simply staying
out of his way;
(2) the acute battering incident phase - characterized by brutality,
destructiveness and sometimes, death. The battered woman
realizes that she cannot reason with him and that resistance would
only exacerbate her condition; and
(3) the tranquil period, where the couple experience a compound
relief and the batterer may show a tender and nurturing behavior
towards his partner
! People vs. Genosa, 419 SCRA 537(2004)
! Marivic Genosa shot her husband dead while he was asleep. She
said she was frightened that her husband would hurt her and she
wanted to make sure she would deliver her baby safely. In fact, she
had to be admitted later at the Rizal Medical Centre as she was
suffering from eclampsia and hypertension, and the baby was born
prematurely on December 1, 1995. The Appellant after being
interviewed by specialists, has been shown to be suffering from
Battered Woman Syndrome.
! The Court, however, is not discounting the possibility of self-
defense arising from the battered woman syndrome. We now sum
up our main points. First, each of the phases of the cycle of
violence must be proven to have characterized at least two
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battering episodes between the appellant and her intimate partner.
Second, the final acute battering episode preceding the killing of
the batterer must have produced in the battered persons mind an
actual fear of an imminent harm from her batterer and an honest
belief that she needed to use force in order to save her life. Third,
at the time of the killing, the batterer must have posed probable --
not necessarily immediate and actual -- grave harm to the accused,
based on the history of violence perpetrated by the former against
the latter. Taken altogether, these circumstances could satisfy the
requisites of self-defense. Under the existing facts of the present
case, however, not all of these elements were duly established.
! Genosa was not able to avail of the BWS defense because R.A.
9262 was not yet in existence at that time.
The Unsound Mind
! Insanity or Imbecility cannot give consent to a contract
! Unsound mind does not have testamentary capacity
! Civil Code, Art. 799. To be of sound mind, it is not necessary that the
testator be in full possession of all his reasoning faculties, or that his mind
be wholly unbroken, unimpaired, or unshattered by disease, injury or other
cause.
! It shall be sufficient if the testator was able at the time of making the will to
know the nature of the estate to be disposed of, the proper objects of his
bounty, and the character of the testamentary act. Physical Causes
Diseases that could Affect Soundness of Mind
! Multiple sclerosis
! Psychiatric Conditions: severe depression, bipolar disorder, schizophrenia
! Alzheimers disease
! Stroke, cerebrovascular diseases
! Metabolic disorders
! Hepatic encephalopathy - the occurrence of confusion, altered level of
consciousness, and coma as a result of liver failure. In the advanced stages Serious
it is called hepatic coma or coma hepaticum. It is caused by accumulation in
the bloodstream of toxic substances that are normally removed by the liver.
! Meningitis
Filiation Biological/Scientific Evidence
! Family Code, art. 164
! Children conceived as a result of artificial insemination of the wife
with the sperm of the husband or that of a donor or both are
likewise legitimate children of the husband and his wife, provided,
that both of them authorized or ratified such insemination in a
written instrument executed and signed by them before the birth of
the child.
! Artificial Insemination sperm is placed in reproductive tract of female
! In Vitro Fertilization test tube baby
! Art. 166. Legitimacy of a child may be impugned only on the following
grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:
Forensic Medicine Ivy Patdu, M.D., J.D.
7
(a) the physical incapacity of the husband to have sexual
intercourse with his wife;
(b) the fact that the husband and wife were living separately
in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented
sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the
instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination,
the written authorization or ratification of either parent was
obtained through mistake, fraud, violence, intimidation, or undue
influence.
! Physical causes impotence
! Serious illness diseases that prevent a man from achieving/sustaining an
erection
! Biological/Scientific Reasons DNA, Genetics
! Impotence is the inability of a person to perform sexual intercourse.
[erectile dysfunction]
! Sterility is the inability of the male to beget children [abnormal sperm, low
sperm count]
! Infertility is the inability of female to bear children
! What can cause impotence?
! Erectile Dysfunction
! Medication: Antidepressants and other psychiatric medications
! High blood pressure drugs
! Chemotherapy
! High Level Painkillers (Morphine, Fentanyl)
! Recreational Drugs
Illness
! high blood (because of medications)
! diabetes (due to blood vessel and nerve damage)
! heart failure
! Rule on DNA Evidence 9(c) - DNA results that exclude the putative parent
from paternity shall be conclusive proof of non-paternity. If the value of the
Probability of Paternity is less than 99.9%, the results of the DNA testing
shall be considered as corroborative evidence. If the value of the Probability
of Paternity is 99.9% or higher, there shall be a disputable presumption of
paternity.
! DNA paternity testing probability must be 99.9% (disputable presumption
satisfactory unless contradicted by other evidence)
! Blood type
a. Type O + Type O = Type O
b. Type A + Type O = Type A, O
c. Type A + Type B = Type A, B, AB, O
! Physical Characteristics
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Marriage
! FAMILY CODE ART. 45: ANNULLMENT
! (2) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband and
wife;
! (5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears
to be incurable; or
! (6) That either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable.
! FAMILY CODE ART. 46: FRAUD AS GROUND FOR ANNULMENT
! (2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
! (3) Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or
! (4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage.
STD Curable, Incurable
! INCURABLE
! AIDS HIV
! *Condom less risky sex
! Herpes - painful, ulcerative blisters or sores on the genitals in both
men and women
! CURABLE
! Syphilis painless
! Chancre ! if untreated can cause blindness, numbness, nerve
damage
! Gonorrhea - burning sensation when urinating; white, yellow, or
green discharge from the penis; increased vaginal discharge, or
vaginal bleeding between periods.
! Chlamydia
! ALCOHOLISM
! Alcoholism it is a condition characterized by a compulsion to drink,
dependence on alcohol, prolonged use affects the brain
! Treatment- Detoxification, Control of Withdrawal Symptoms,
Psychological Support
! Two "yes" responses indicate that the respondent should be
investigated further. The questionnaire asks the following
questions:
! Have you ever felt you needed to Cut down on your
drinking?
! Have people Annoyed you by criticizing your drinking?
! Have you ever felt Guilty about drinking?
! Have you ever felt you needed a drink first thing in the
morning (Eye-opener) to steady your nerves or to get rid
of a hangover?
! Drug Addiction severe compulsion to seek and take drugs; has serious
physical, mental and social consequences
! - detoxification, psychological treatment, social support
Forensic Medicine Ivy Patdu, M.D., J.D.
8
!
LECTURE 3
CRIME SCENE INVESTIGATION
Criminal Investigation
! Criminal Investigation is a process where authorized persons, usually part
of the law enforcement agency, determines if a violation of the law has been
committed, including who is responsible and who has been victimized,
through the discovery, collection, processing and reporting of all forms of
evidence
! Crime Scene Investigation is a component of criminal investigation and
refers to the complete process of obtaining evidence and relevant
information in an area where a violation of law is supposedly committed
Overview of Crime Scene Investigation
1. Securing and initial management of the Crime Scene
2. Documentation
3. Walk Through and Crime Scene Search
4. Obtaining and Processing Evidence
Locards principle of exchange objects that come in contact with each other
always transfer material to each other. In attempting to identify an individual, crime
scene investigators work with the notion that in nature no two individuals are
identical and as individuals we are all unique.
Questions that must be kept in mind by the investigator
! Has a crime been committed?
! Consider what crime, and what evidence would be relevant
! Try to obtain information related to what, when and how a crime
was committed
! Who may have committed the crime?
! Crime Scene investigators should watch out for evidence that may
point to the identity of the perpetrator of the crime
! Who is the victim?
! Evidence that may provide information about the victim, his or her
identity, lifestyle, and personal circumstance are relevant
! Why was the crime committed?
! The investigator should consider as relevant evidence that might
point to intent or motive in the commission of the crime
1. SECURING AND INITIAL MANAGEMENT OF THE CRIME SCENE: WHAT
NEEDS TO BE DONE?
! Emergency Management when a crime scene has been reported, the initial
responders must prioritize emergency situations
! A violent suspect may still be in the crime scene posing a risk to the police
officers, crime scene investigators, or other people in the area
! Victims of the crime may still be alive requiring immediate medical assistance
! Crime Scene Investigation begins with securing the crime scene for purposes of:
! safety
! medical assistance
! preservation of crime scene
! Cordon crime scene with whatever material available
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THE WOMEN OF ALEITHEIA !

! People must not go in and out of a crime scene
! On-site assistance should disturb as little as possible in a crime scene but the
victims should receive immediate attention and transferred to appropriate
treatment facility
! Media must be controlled
! Failure to control a crime scene could be fatal to the prosecutions case because
it could lead to a claim of contaminated evidence
*Evacuate injured persons to nearest hospital
*Witnesses and Possible Suspects should be taken in custody, kept calm
and isolated
! Supposed witnesses may be suspects
! Supposed victims may be perpetrators of the crime
! Initial impressions and reports of witnesses are important
! A dying person may provide important information or confession (dying
declaration)
! If it is a complex case, a command center may be needed to keep track of the
different teams of investigator, to serve as communication center, and to aid in
processing of collected evidence.
! Requisites of a Dying Declaration are:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances
of such death;
3. That the declaration relates to facts which the victim is competent to
testify to; and
4. That the declaration is offered in a case where in the declarants death
is the subject of the inquiry.
! If a body is photographed, the injury in relation to body and
surroundings are taken first before a detailed and closer picture
! *Laboratory Photography microphotography, macrophotography,
laser-beam photography, Ultraviolet-light photography (fluorescent or
blue light)
! Sketches
! Rough sketch initial sketch which provides a general lay-out of the
crime scene, the location of the body or significant objects; it is not
drawn to scale but sketch should be labeled including distances and
notes. Sketch should be reassessed.
! Finished Scale Drawing this may be completed later; sketch is
more refined drawn to scale
3. WALK-THROUGH AND CRIME SCENE SEARCH
! Walk-through preliminary to actual search to aid in planning; general
assessment of the crime scene
1. assess crime scene and document important factors
2. note relevant evidence, and establish evidence that will most likely be
encountered
3. extent of search area, manpower and equipment needs identified
4. develop theory of crime
! Primary Crime Scene where the crime was committed
! Secondary Crime Scene related to the crime, but not site of its actual
commission; evidence found at a secondary crime scene may be relevant in
determining the primary crime scene

2. DOCUMENTATION

! Part of crime scene investigation from beginning to end ! Strip Search Method outdoors *Lane Method
! If resources allow, a separate team is usually in charge of documentation
! The first responders and officers who arrive at the scene should be interviewed
for their initial impressions
! Documentation involves:
(1) Making notes,
(2) Photography/Videography,
(3) Sketching ! Spiral Search Method limited manpower
! Items that may be relevant are marked or numbered, photographed and
sketched before they are moved
! Notes:
! Note Taking during the investigation aids in making a reliable and valid
report, especially information that may no longer be recalled as the
investigation proceeds ! Grid Search Method
! Notes should include date and time, description of the physical scene, a
report on the first responders, and any other information that appears
relevant
! Photography and video:
! Purpose - to reproduce the undisturbed crime scene
! General area of commission of the crime should be photographed taking
into consideration the critical areas, entry and exit points
! Initial pictures should be overlapping, include general view and focused
view

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THE WOMEN OF ALEITHEIA
! Zone Search Method large areas
4. OBTAINING AND PROCESSING EVIDENCE
! Discover and recognize evidence
! Consider the who, what, where, how and why of a crime
! Evidence must be photographed and sketched before they are moved
! Some evidence may not be visible with ordinary lighting (E.g. semen
and fibers may be more visible using ultraviolet light, blood cleaned may
still be detected through chemicals)
! Collecting Evidence
! The investigator must be impartial and detached and must collect all
relevant evidence whether they support the initial impression or not
! Relevant evidence include soil samples, hairs, fibers, chemicals, drugs,
blood, semen, glass fractures, paints, finger prints, documents,
firearms, bullet, tool marks
! Evidence collected must be labeled, bagged or packaged and stored
appropriately
! Avoid cross-contamination of evidence
! Remember Locards principle
! Protect and store evidence
! Storage free from pets, insect, excessive heat or moisture, controlled
temperature
! Item is bagged, labeled, logged
! Specialized facilities for sensitive evidence (explosives)
! Chain of Custody documentation of what happened to evidence from
time discovered to time when it is presented in court
! People vs. Velarde, 384 SCRA 646, July 18, 2002
! Crispin Velarde was charged with the complex crime of rape with
homicide of 8yo Brenda Candelaria.
! Circumstantial evidence would be sufficient for conviction if (a) there is
more than one circumstance, (b) the facts from which the inferences
have been derived are proven, and (c) the combination of all the
circumstances is such that it produces a conviction beyond reasonable
doubt. These circumstances must be consistent with one another, and
the only rational hypothesis that can be drawn therefrom must be that
the accused is guilty. They must create a solid chain of events, coherent
and intrinsically believable, that point to the accused -- to the exclusion
of others -- as the perpetrator of the crime; and that sufficiently
overcome thereby the presumption of innocence in his or her favor.
Without the extrajudicial confession, the circumstantial evidence
becomes utterly insufficient to pass the test of moral certainty.
Forensic Medicine Ivy Patdu, M.D., J.D.
10
!
! Although the defense of appellant -- mere denial -- is weak, this fact
alone cannot justify his conviction. The burden is on the prosecution to
prove his guilt beyond reasonable doubt, not on him to prove his
innocence. Well-entrenched in jurisprudence is the rule that the
conviction of the accused must rest, not on the weakness of the defense,
but on the strength of the prosecution. The Court cannot magnify the
weakness of the defense and overlook the prosecution's failure to
discharge the onus probandi.
! Although the prosecution adequately proved the crime of rape with
homicide in this case, it failed to establish the identity of the perpetrator
beyond reasonable doubt. Hence, we cannot sustain appellant's
conviction. The assault on the child is unpardonable, but this Court must
uphold the primacy of the constitutional presumption of innocence in
favor of the accused, when the evidence at hand miserably falls short of
the quantum required to support conviction
! EVIDENCE OBTAINED
! Object Evidence admissible in court if relevant to case, provided that
chain of custody can be established
! Examples:
! Trace evidence extremely small
- hair or fibers microscopy
- soil samples may be compared with soil samples in
tires,
shoes
! FINGERPRINTS
1. Latent prints nonporous surface, solid door knobs, light switches
! Dusting use powder that contrasts with surface; fingerprint
dusting powder
! Lifting prints commercially prepared lifter, lift tape
! Use gloves
2. Visible fingerprints dirty, stained, bloody glossy, light-colored
surfaces
3. Plastic prints putty, grease, tar, butter, soft soap
! Packaging:
! Liquid blood dropper, test tube
! Blood flakes pillbox or envelope
! Bloodstain on clothing other mark with a string
! Probative value of print claims that suspect was not at scene, or no
access to object where fingerprint found
! BLOOD
! Reagents luminol, tetramethyl benzedrine and phenolphthalein to
identify blood at a crime scene
! Luminol water based, sprayed where blood traces are suspected
blood fluoresce to pale blue color, does not harm DNA in blood; reacts
with bleach
! Precipitin test to determine whether blood is of human origin;
presence of other substance like soap and oil may yield false results
! BLOOD STAIN PATTERN
! General Rules:
1. The more bleeding, the bigger the stain/drop (bigger wound,
bigger stain)
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2. The farther the source to surface, the bigger the stain/drop
(max stain at 7 feet)
3. The blood that travels at low velocity creates a bigger
stain/drop (Medium 4-6mm stain; High velocity like from a
gunshot wound- mist, spray-type)
*The greater the force, the smaller the drops
! General Rules:
1. Drops at smooth surface evenly spreads
2. Steeper impact, more elongated blood drop
3. If source of blood moving, or if it hits the surface at an angle,
you may see tails. The tail of stain determines direction of
blood; if many stains, convergence may pinpoint source. (blood
flows away from origin)
4. Blood pools but it may be disturbed (smudges)
5. If blood hits a vertical surface there is dripping (due to
gravity)
! BLOOD SPATTER
1. Free-fall
2. Cast-off tangentially to arc of upswing or backswing (left-handed,
more horizontal)
3. Dripping
4. Splashing central blood drop then small drops around
5. Spurting smaller, elongated
! GUNSHOT WOUND
! Entry point back spatter
! More spread out
! May be in clothing, hands of shooter
! Exit point forward spatter
! More spread-out, misting
! SHOE AND TIRE PRINTS
! Shoe how many people, unique wear patterns, whether running or
walking, carrying something heavy
! Tire tracks no used tires are alike
! Photograph, cast when possible (mix plaster kits)
! BITE MARKS
! on body, food
! Photograph and swab bite area for saliva, blood residue, DNA,
microorganisms
! Cast if possible, if not lift by tape
! TOOL and TOOL MARKS
! Hammers, screwdrivers, broken tool pieces
! Impression left by tool on surface a tool should NEVER be fitted into
an impression to see if it could have made the mark. This could render
laboratory analysis useless.
! Photograph location of tool and tool mark, general crime scene, then
close-up, cast tool marks if possible
! DNA EVIDENCE
! From blood, saliva and other body fluids, tissues, hairs and bones
! DNA means deoxyribonucleic acid, which is the chain of molecules found
in every nucleated cell of the body.
! People vs. Yatar, 428 SCRA 504, May 19, 2004
! Joel Yatar is charged with the complex crime of rape with
homicide. The victim is Katherine Uba who is his wifes niece.
Forensic Medicine Ivy Patdu, M.D., J.D.
11
!
Judilyn Pas-a, first cousin of the victim, testified that the victim
told Judilyn about the incident or attempt of the appellant to
rape her five days before her naked and violated body was
found dead in her grandmothers house on June 25, 1998. In
addition, Judilyn also testified that when her auntie Luz
Dawang Yatar, wife of Joel, separated from her husband, "this
Joel Yatar threatened to kill our family." According to Judilyn,
who was personally present during an argument between her
aunt and the appellant, the exact words uttered by appellant to
his wife in the Ilocano dialect was, "If you leave me, I will kill
all your family and your relatives x x x." These statements
were not contradicted by appellant.
! It should also be noted that, although the Postmortem Report
by the attending physician, Dr. Pej Evan C. Bartolo, indicates
that no hymenal lacerations, contusions or hematoma were
noted on the victim, Dr. Bartolo discovered the presence of
semen in the vaginal canal of the victim. During his testimony,
Dr. Bartolo stated that the introduction of semen into the
vaginal canal could only be done through sexual intercourse
with the victim. In addition, it is apparent from the pictures
submitted by the prosecution that the sexual violation of the
victim was manifested by a bruise and some swelling in her
right forearm indicating resistance to the appellants assault on
her virtue.
! Significantly, subsequent testing showed that the
Deoxyribonucleic acid (DNA) of the sperm specimen from the
vagina of the victim was identical the semen to be that of
appellants gene type.
! DNA testing verified and credible scientific methods which
include the extraction of DNA from biological samples, the
generation of DNA profiles and the comparison of the
information obtained from the DNA testing of biological
samples for the purpose of determining, with reasonable
certainty, whether or not the DNA obtained from two or more
distinct biological samples originates from the same person
(direct identification) or if the biological samples originate from
related persons (kinship analysis)
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THE WOMEN OF ALEITHEIA !

LECTURE 4 ! Contracts partnership, agency, insurance

DEATH ! Criminal liability
! Organ transplantation
DEATH
! complete cessation of all vital functions without possibility of resuscitation; Death Investigation if death is sudden, unexplained, violent, under suspicious
Irreversible loss of the properties of living matter circumstance ! Investigate
! "Organ Donation Act of 1991." Sec. 2 (j) "Death".- the irreversible
cessation of circulatory and respiratory functions or the irreversible cessation Types of Death:
of all functions of the entire brain, including the brain stem. ! Natural death may be made to look as though it resulted from natural
! A person shall be medically and legally dead if either: causes
(1) In the opinion of the attending physician, based on the acceptable ! Accidental death may not be accidental but a result of suicide or crime
standards of medical practice, there is an absence of natural ! Suicide death may be caused by crime
respiratory and cardiac function and, attempts resuscitation would ! Homicide, Murder, as a result of Crime
not be successful in restoring those functions. In this case, death ! Unexplained
shall be deemed to have occurred at the time these function
ceased ; or Duties of a Medical Examiner
(2) In the opinion of the consulting physician, concurred in by the 1. Establish Fact of Death
attending physician, that on the basis of acceptable standards of 2. Identification of Deceased
medical practice, there is an irreversible cessation of all brain 3. Determination of Time of Death
functions; and considering the absence of such functions, furthers 4. Determination of cause and manner of death
attempts at resuscitation or continued supportive maintenance 5. Obtain evidence in the body
would not be successful in restoring such natural functions. In this - Evidence relevant to circumstances of death weapons, tools, blood
case, death shall be deemed to have occurred at the time when
these conditions first appeared. FACT OF DEATH
! The death of the person shall be determined in accordance with the ! SIGNS OF DEATH
acceptable standards of medical practice and shall be diagnosed separately ! Cessation of cardiac activity and circulation no heartbeat and no
by the attending physician and another consulting physician, both of pulse, blood settles in dependent portion due to gravity (livor
whom must be appropriately qualified and suitably experienced in the care mortis)
of such patients. The death shall be recorded in the patient's medical ! Cessation of respiration person stops breathing
record. ! Barbiturate overdose shallow breathing
! Death: ! Cessation of brain activity loss of reflexes or response to pain, flat
! Absence of cardiac function electro-encephalogram
! Absence of respiratory function ! Distinguish from drug overdose, hypothermia, coma
! Absence of brain activity ! Anencephaly survives for 7 days, reported 7 months and 10
! Brain death absence of electrical brain activity no reflexes, circulation, months
respiration, dilated non-reactive pupils, flat Electroencephalogram Two ! Cooling of body (algor mortis), Skin becomes pale
Physicians Rule ! Stiffening (rigor mortis) and Decomposition
! Cardio-respiratory death continuous and persistent cessation of heart action ! Eyes become non-reactive and would later start to cloud
and respiration ! Action of heat
! "Organ Donation Act of 1991." Sec. 9 xxx ! IDENTIFICATION
! In all donations, the death of a person from whose body an organ will be ! Visual Recognition, Personal effects or ornaments
removed after his death for the purpose of transplantation to a living person, ! Fingerprints, DNA, also palm prints, foot print
shall be diagnosed separately and certified by 2 qualified physicians neither ! Medical history: Blood type to rule out, Dental Records
of whom shall be: ! Forensic anthropologist gender, height, race and age;
(a) A member of the team of medical practitioners who will effect the ! Forensic odontologist age range
removal of the organ from the body; nor ! Forensic entomologist location, approximate time of death
(b) The physician attending to recipient of the organ to be removed; ! Important:
nor ! Legal certification of death
(c) The head of hospital or the designated officer authorizing the ! Succession
removal of the organ. ! Insurance
! Legal Implications of Death: ! Criminal Law
! Civil personality extinguished ! TIME OF DEATH
! Succession ! Postmortem interval time of death and discovery of the body

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THE WOMEN OF ALEITHEIA
! Death within 4 days estimated to within 4 hours
! People vs. Seranilla, 348 SCRA 227, December 15, 2000
! Time of death:
(1) Changes in Muscle
(2) Cooling of Body
(3) Lividity
(4) Putrefaction
(5) Consider Digestive Process
! At death, body is limp until rigor mortis sets in
! Rigor mortis stiffening of joints (low in babies and aged)
! Face then larger muscles
! Lasts 1-3 days, then muscles decompose
! CHANGES IN MUSCLE FOLLOWING DEATH
1. Stage of Primary Flaccidity muscles relaxed, incontinence,
pupils dilated (when warm, only 1:51 minutes, may last up to 6
hours), may pass electric current
2. Rigor Mortis usually develops after 3-6 hours, body become
rigid (may last from 24-36 hours), faster development if warm
! Note: if holding something that is difficult to
remove, may be something held in hand just
before death - due to cadaveric spasm
! Cadaveric Spasm - instantaneous muscle rigidity
at time of death; only certain muscles and no
whole body, does not disappear, cannot be
induced
3. Decay of muscles muscles become flaccid, no more reaction to
stimulus (3 days, shorter if warm)
Changes in muscles:
! Flaccid up to 6 hours
! Stiff (rigor mortis) up to 2 days
! Flaccid (decaying) after 2 days
TIME OF DEATH
1. ALGOR MORTIS
! Algor mortis - Cooling of the body - fastest during first two hours
! Tropical countries 12 -15 hours, same as environment
! Delay fever, sudden death in good health, obesity, death from
asphyxia, death of middle age
! Accelerate leanness of body, extreme age, long-standing
disease, chronic fever with wasting
! Air in large room, in water speeds up cooling
2. POSTMORTEM LIVIDITY
! Postmortem lividity - effect of gravity once circulation ceases ,
Blood may remain fluid after death for 6-8 hours
! Dark blue discoloration (livor mortis) but may be cherry red if
death is due to carbon monoxide poisoning
! develops up to 10-12 hours after death
! this means, after 10-12 hours, lividity is fixed
! If body moved after 12 hours, pattern of lividity may indicate
position at death
Forensic Medicine Ivy Patdu, M.D., J.D.
13
!
3. POSTMORTEM LIVIDITY
! Lividity on dependent portions (back legs) if face down (face, chest,
stomach, legs)
! If pressing directly on hard surface, no lividity
! If blood released from large wounds little lividity
Signs of Death
! Bruise - results from injury sustained while alive (antemortem bruise)
! found outside vessels
! inflammation in area
! Does not change color when pressed
! Dead blood collects usually dependent portion
! if dead, vessels remain healthy, clot can be stripped
Putrefaction
! Tropical region
! 12 hours rigor mortis
! 24 hours rigor mortis , greenish discoloration of abdomen
! 48 hours trunk bloated, face discolored, there may be maggots
! 72 hours whole body swollen, disfigured
! 1 week internal organs putrefied
! 2 weeks almost all soft tissues gone, cannot be distinguished
! 1 month skeletonized
! * Temperate areas slower process 2-5 months after death soft parts
change into thick, semi-fluid black mass
! Insects will help:
! tie suspect to victim
! insect parts in car, clothes
! whether body was moved
! time of death based on life cycle of insect
Submerged in Water
! Usually body remains immersed for 8-10 days in warm water (up to 3 weeks
in cold water)
! Fleas if still alive, then body has been in water for less than 24 hours
! DROWNING victims curl up in semifetal position
! If submerged in water, there is very little change after 4-5 days especially if
water is cold
! From 5-7 days - face swollen and red, wrinkled hands and feet, outer skin
loosen (5-6 days), upper surface of brain greenish
! 2-3 weeks nails separate
! 4 weeks scrotum and penis distended with gas
! 6-8 weeks abdomen distended
Stages of Digestion
! Stomach:
! Light meal empty within 11/2 2 hours after being eaten
! Medium sized 3-4 hours
! Heavy 4-6 hours
! *Stomach empties 4-6 hours after a meal
! Small Intestines:
! After 6-8 hours from eating reaches distal ileum
! Small intestine 12 hours to be empty
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THE WOMEN OF ALEITHEIA !

! *Must find out when victim last ate, or if there is vomit near body ! Depression or anxiety
Suicide ! Increased risk-taking behaviour
! People vs. Operaa, Jr., 343 SCRA 43, October 13, 2000 ! 3. Clues in crime scene
! The prosecution sought to show through circumstantial evidence ! weapons near body
that appellant Rodolfo Operaa, Jr. killed his wife Alicia by ! crime scene movement of body, lividity
strangulation, on May 11, 1994. ! *For death investigation, a timeline must be established
! Both the mother of the deceased, the herein complainant, and
Joselito Paragas insisted that Alicia Operaa was still alive when Cause of Death
they first saw her lying on the floor of the kitchen of their house. ! Not a guaranty of accuracy, depends on the examiner, based on available
Rufina Maminta, an anguished mother and out of love for her information
daughter, begged the appellant, again and again, that her dying ! Manner of Death circumstance, condition of body, medical findings
daughter be brought to the hospital but seemingly without any ! Natural, suicide, homicide, accident, undetermined
concern, appellant staunchly refused to rush Alicia to the nearest ! External Examination and Internal Examination: Examination of injury,
hospital; reasoning that she could not reach the hospital alive. determination of possible weapon used, identifying marks
! An external examination of the body of the deceased was conducted ! Microscopy, Xrays, Samples for toxicology
on May 14, 1994 by Dr. Tomas Cornel, upon the request of Mrs. ! Evidence obtained in body important
Maminta. On May 18, 1994, an exhumation followed by an autopsy
of the remains of the deceased was conducted by Dr. Ronald Death Certificate
Bandonill of the NBI, again upon the request of the herein ! A death certificate is conclusive evidence only as to the fact of death of the
complainant. According to Dr. Bandonills report, the presence of deceased.
multiple injuries all over the body and the suspicious presence of ! The cause of death may be established by other evidence.
multiple abrasions on the area of the neck not related to the
hanging gives the suicidal aspect a big question mark. With respect
to the said suspicious multiple abrasions on the neck, the same LECTURE 5
were clarified by the same doctor as abrasions, multiple, with signs WOUNDS
of strangulation, encircling the neck, at an area of 32.0 cms. x 4.5
cms., just below the thyroid cartilage. Aside from the said
abrasions, there were twelve (12) abrasions and one (1) contusion ! Wound injury to body resulting from force, violence or trauma
found on the body of the deceased. ! Stress Cardiomyopathy (Takotsubo)
! Contrary to the claim of appellant that the deceased was found
hanging from a wooden truss in their kitchen, SPO1 Daniel Coronel Causes of Physical Injuries
of the Dagupan City Police Station testified that per his ! Physical Violence
investigation, he found no markings on the roof truss from where ! Heat or Cold
the victim was supposed to have hanged herself. He also measured ! Electrical injury
the distance of the 2 x 3 by 1 yard wooden truss from the floor of ! Chemical injury
the kitchen and found it to be six (6) feet. The deceased was 56 in ! Radiation
height. ! Change of atmospheric pressure
! On the basis of the foregoing facts and circumstances, Rufina ! Infection
Maminta instituted the case of parricide at bar against the appellant.
Extent of Injuries
Investigating a suicide ! Speed ex. Bullet v. Stone
! 1. Obtain information ! Mass ex. Baseball bat v. Stick
! any condition that deceased may have disease, ! Elasticity of tissue ex. Scalp v. Abdomen
psychiatric ! Area of contact ex. Stabbing
! current medications Reactions of Tissues to Trauma
! 2. Obtain evidence on circumstances surrounding death ! Rubor
! frame of mind, behavior near time of death, history ! Calor
! Look for: ! Dolor
! suicide note ! Tumor
! History of previous attempts ! Loss of function
! Self-mutilation
! Jokes, communications, writing about suicide
! Giving away possessions
Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016
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THE WOMEN OF ALEITHEIA !

Types of Wounds ! May be caused by disease too hemophilia

! Mortal wound location heart, brain, brain stem, lungs, stomach, liver, ! Cold compress/warm compress
intestine, spleen 3. Hematoma bukol, swelling
! Non-mortal extremities unless injuring big vessels ! Blunt force, usually where there is bone
! Cavity develops blood flows to cavity
Based on Instrument ! Head, chest, anterior part of legs
! Blunt contusion, hematoma, lacerated wound ! Closed wound that is elevated
! Sharp incised, punctured, stab ! If aspirated, there may be blood
! Tearing force lacerated wound ! May lead to abscess, gangrene
! Chemical explosion GSW ! Extensive Blunt Force Injuries
! Heat or cold frost bite, burn ! Head Trauma could develop subdural hematoma/epidural hematoma
which may appear later
Infliction ! Arrhythmia irregular heartbeat due to great force on chest
! Hit ! Liver, Spleen, Kidney Injuries, Internal bleeding
! Thrust ! Hypovolemic shock due to extensive bleeding in extremities
! Explosion ! Rhabdomyolysis a condition in which damaged skeletal muscle
! Sliding abrasion tissuebreaks down
! Deep Closed Wound
Depth ! Sprain muscle or ligament torn
! Penetrating ! Strain over-stretching of muscle or ligament
! Perforating ! Fracture closed, open, comminuted
! Internal hemorrhage rupture of blood vessels
Special Types ! Cerebral Concussion
! Defense wound ! Unconsciousness
! Patterned wound ! Eyelids close
! Self-inflicted wound ! Muscles relax
! Shallow respiration
Medical Classification of Wounds ! Fast pulse
1. Closed ! Low temperature
a. Superficial petechiae, contusion, hematoma ! Sluggish reflex
b. Deep musculoskeletal - sprain, dislocation, fracture, strain, ! Sphincters relax
subluxation, Internal hemorrhage, cerebral concussion ! Loss of memory just before injury
2. Open abrasion, incised, stab, punctured, lacerated
OPEN WOUNDS
CLOSED WOUNDS
! Abrasion removal of superficial epithelial layer gasgas
1. Petechiae - love bite? 1. Scratch and Graze sharp pointed object sliding across skin
! Pinhead size 2. Imprint abrasion scratching of skin shows pattern or stamping
! Blood from capillaries under subcutaneous tissue, mucous membrane 3. Friction abrasion caused by pressure accompanied by movement
! May be caused by Trauma, asphyxia ! Post mortem abrasion usually over bony prominence (elbow), yellowish
2. Contusion pasa, bruise instead of reddish-bronze
! Caused by blood from blood vessels due to trauma, blunt force ! Incised Wound produced by sharp-edged or sharp-linear edge
! Force compresses vessel forcing blood out of area to tissue beneath skin ! Hacked wound heavy cutting instrument
! Develops after lapse of minutes to hours 1. Wound is straight, profuse hemorrhage, gaping due to retraction of
! Location may be different from site of application, size different from edges
object causing it due to gravity 2. Paralysis if nerve affected
! Shape object used, size degree of force ! Punctured wound
! Age of contusion: 1. Thrust of sharp pointed instrument
1. immediate - Red to purple 2. Usually internal hemorrhage
2. 4-5 days green 3. External wound may be sealed by dried blood, clot
3. 7-10 days -- yellow 4. Small opening
4. 14-15 days begins to disappears (1 week to 1 month) 5. Infection may develop due to sealing
! More bruising bloody parts, with excessive fat
Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016
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THE WOMEN OF ALEITHEIA !

! Lacerated wound ! Medium range 6 inches but less than 24 inches inverted edges,
1. Tear of skin and underlying tissues due to forcible contact with a blunt abrasion collar, smudging, lesser density of tattooing
instrument ! More than 24 inches circular or oval, no burning, smudging, tattooing
2. Force greater than cohesive force and elasticity of skin ! GSW Exit Wound
3. Rugged tear, irregular extremities ! Exit wound not always present
4. Contused and swollen edges ! Everted edges of wound
5. bleeding not extensive ! Portions of tissue may be protruding
6. rarely suicidal, may be accidental ! Usually bigger than missile/bullet
! No definite shape
STAB WOUNDS ! No abrasion collar, tattooing or smudging
! Paraffin test may be negative
! Penetration of sharp-pointed and sharp-edged instrument ! Shotgun Wound
! Common cause of death - hemorrhage ! Shotgun cartridge more gunpowder
! Suicidal Stab Wound ! Not more than 6 inches:
! Located over vital parts of the body 1. entrance wound burned
! Solitary, if multiple, located in one part only 2. blackening due to smoke
! If on covered parts, clothing is not involved 3. tattooing densely located in limited area
! Accessible to hand of victim 4. hair burn
! Hand of victim smeared with blood 5. severe disruption of tissue
! Wounding weapon may be firmly grasped by hand of victim ! More than 6 inches:
! Wound tailing towards hand inflicting injury 1. Single wound of entry but may have isolated shots causing
! Suicide note may be present independent entry
! There is presence of motive for self-destruction 2. 3-4 feet serrated or scalloped circumference
! No disturbance in death scene 3. 5-6 feet distance wad tends to produce independent injury
! Evidence of Intent to Kill usually an abrasion
! More than one stab wound 4. 6 feet shots begin to separate 10 feet independent wounds
! Stab wounds located in different parts of the body or where vital organs of entry
located ! Smudging due to smoke up to 15 inches
! Deep stab wounds ! Tattooing up to 24 inches
! Serrated or zigzag borders infers alternative thrust and withdrawal of ! How do you determine number of shots?
wounding instrument to increase internal damages ! Number of entrance wounds
! Irregular stellate skin defects changing direction of weapon with portion of ! Number of spent shells
weapon at level of skin acting as lever ! Shots heard by witness
! Suicidal GSW
GUNSHOT WOUNDS ! Shot fired in closed or locked room, open but isolated or uninhabited
place
! Cause of Injury: ! Weapon in crime scene
1. Flame scorching or burning of skin, hair, edges may be burned in ! Shot at close range
contact fire; flame does not go beyond distance of 6 inches, pistols or ! Location accessible to wounding hand
revolvers 3 inches ! Usually a solitary shot
2. Smoke light, almost black, does not penetrate skin, deposited on ! Personal history consistent with suicide
target, seen with distance up to 12 inches ! Hand of victim may show gunpowder
3. Powder grains may penetrate skin and cause hemorrhage in deeper ! Usually entrance do not involve clothings
tissues, cannot be removed by wiping, seen around wound entrance up ! Fingerprints of victim on butt
to 24 inches ! Suicide note
4. Powder burns blackening of GSW entrance, gunpowder tattooing ! Homicidal GSW
5. Abrasion collar pressure of bullet causes skin to be depressed, bullet ! Site of entrance no point of election
lacerates skin, depressed portion rubs with rough surface of bullet ! Usually made with assailant some distance from the victim
! GSW Entrance Wound ! Signs of struggle
! Higher caliber usually bigger wound entrance ! Firearm not at crime scene
! Usually oval or circular except in near shots or grazing wound ! Testimony of witness
! Short range fire 1-6 inches edges of wound inverted, may have areas
of burning, smudging, powder tattooing, abrasion collar
Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016
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THE WOMEN OF ALEITHEIA !

! Expert witness AUTOMOTIVE CRASH

! Wound caused by weapon
! What range fired ! Driver and Passengers:
! Direction of fire 1. First collision moving vehicle with another vehicle or fixed object
! Can they be self-inflicted 2. Second collision the occupants with interior of vehicle
! Signs of struggle ! Cause of death or injury:
! Could victim have resisted attack or died spontaneously 1. Displacement of occupants within vehicle with impact against structures
! Relative position of assailant and victim 2. Ejection
! Whether Person fired a firearm 3. Distribution of the passenger compartment, direct impact injuries
! dorsum of hands examined to determine presence of gunpowder ! Driver/Front seat passenger
! may be gross examination 1. May hit parts of the car
! paraffin test coated with melted paraffin, powder particles will be 2. Front portion may be shortened
extracted and embedded in paraffin cast; lung-s reagent will turn blue 3. Skull fractures, laceration head, face, scalp, fracture of leg bones, hip
if there is nitrate; not conclusive bones, abrasions and lacerations
! fertilizers, cosmetics, cigarettes, urine contain nitrites and ! Rear seat may be propelled to front
nitrates and will give positive reaction ! Side impact:
! Location of GSW ! more severe injuries, less crushable structural components
! Head, brain matter: ! laceration of vital organs, pelvic injuries
1. Serious if breathing centers affected or critical areas ! Rear impact whiplash, may involve gas tank and gas leakage
2. If cerebral hemisphere victim may survive ! Roll-over crash may be pinned, crushed, thrown away on ground
3. Face not serious but may cause infection ! Pedestrian vehicle
4. Neck - depends 1. usually front bumper hits leg of victim bumper fracture
! Chest wall may be fatal -- hemorrhage, hemothorax, 2. if below point of gravity, body moves backwards to hit hood, windshield
1. may hit lungs causing bleeding 3. if above point of gravity body moves away from vehicle, fall on ground
2. GSW to heart victim may still be able to run death not (children)
instantaneous ! secondary impact
! Abdomen not as serious ! pedestrian to ground after first impact
! Spine disabilities if spinal cord, may cause compression of cord ! multiple abrasions and contusions
! Upper cervical cord may cause death ! run over injuries
! Extremities you will see characteristic of GSW, not so serious ! usually if children, may fall on ground and vehicle passes over body
! skid tire marks, rupture of organs, fracture, may die right away
PHYSICAL INJURIES especially if head hit
! Motorcycle
! Mutilation depriving a person, totally or partially, of some essential organ for 1. usually body absorbs the impact
reproduction 2. ejection common
1. Cutting off 3. injuries usually head and legs
2. Must be intentional to be punishable
3. If other parts of body mutilated ! mayhem
! Art. 262 of RPC
! Serious Physical Injuries
1. Person becomes insane, imbecile, impotent or blind (both eyes)
2. Loss of speech, hearing (both ears) or smelling, one eye, hand, foot,
arm, leg, incapacitated for work
3. Deformed (loss of teeth, pigmented scar, pinna of ear), loss part or use
of part of body, ill or incapacitated to do work for which person is
habitually engaged >90 days
4. Illness or incapacity for labor > 30 days to 90 days
! Same penalty for Administering injurious substance without intent
to kill (art. 264)
! Less Serious Physical Injuries
! Incapacitated for 10 days or more or medical attendance for same
period, not more than 30 days (10-30 days)
! Slight physical injury up to 9 days
Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016

THE WOMEN OF ALEITHEIA
LECTURE 6 and 7
CHILD ABUSE
R.A. 7610: Special Protection of Children Against Abuse, Exploitation and
Discrimination Act
! Sec. 3:
a. "Children" refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition
b. "Child abuse" - maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being
(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
(4) to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
! SECTION 10(a). Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Childs Development
1. Enumerated in Article 59 of Presidential Decree No. 603
2. Child abuse
3. Child cruelty,
4. Child exploitation
5. Being responsible for conditions prejudicial to the childs
development
Sanchez vs. People, 588 SCRA 747(2009)
! VVV and her family were lessees on Sanchez fishing pond. One day Sanchez
wanted to drive their family away, and in doing so willfully, unlawfully and
feloniously abuse physically one [VVV], a sixteen (16) year old minor, by
hitting her thrice in the upper part of her legs, and which acts are prejudicial
to the child-victim's development which acts are not covered by the Revised
Penal Code, as amended, but the same are covered by Art. 59, par. 8 of P.D.
No. 603 as amended; to the damage and prejudice of the offended party in
the amount to be proved during the trial.
R.A. 7610
! Child Prostitution and Other Sexual Abuse
! Child Trafficking
! Use of Children in Obscene Publications and Indecent Shows
! Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development
! Use of child to beg, act as conduit in drug trafficking or conduct any illegal
activities
! Sanctions on Establishments or Enterprises which Promote, Facilitate, or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse,
Forensic Medicine Ivy Patdu, M.D., J.D.
18
!
Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts
of Abuse
! Protection for Working Children, Children of Indigenous Cultural
Communities, Children in Situations of Armed Conflict
PD 603
! Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and
other institutions as well as private physicians providing treatment shall,
within forty-eight hours from knowledge of the case, report in writing to the
city or provincial fiscal or to the Local Council for the Protection of Children
or to the nearest unit of the Department of Social Welfare,
! any case of a maltreated or abused child, or exploitation of an employed
child contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of the Department of Social
Welfare to whom such a report is made to forward the same to the provincial
or city fiscal.
! Violation of this provision shall subject the hospital, clinic, institution, or
physician who fails to make such report to a fine of not more than two
thousand pesos.
! In cases of sexual abuse, the records pertaining to the case shall be kept
strictly confidential and no information relating thereto shall be disclosed
except in connection with any court or official proceeding based on such
report.
! Any person disclosing confidential information in violation of this provision
shall be punished by a fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for not less than thirty days
nor more than one year, or both such fine and imprisonment, at the
discretion of the court.
CHILD ABUSE
1. Physical Abuse
2. Sexual Abuse
3. Physical Neglect
Causes of Child Abuse by History
1. Unwanted child
2. Abusive parent
3. Child as center of triangle
4. Child as hindrance to socio-economic activities of parent
Medical Evidence of Abuse
1. skin imprints from objects hand, cord, chain, lash and belt buckles are
indicator of abuse
2. multiple bruises or scars trunk, head face
3. multiple small burns or emersion burn levels cigarette, iron, boiling water
(donut shaped burn on buttocks, burns deeper in middle hot liquid poured
4. multiple fresh healing fractures; twist fractures spiral
characteristic/usually multiple healing fractures
5. trauma to mouth nose ears and eyes
6. head injuries, skull fractures, subdural hematoma
7. injuries to genitalia, perivaginal, perirectal, child has std
8. child neglect malnourishment, poor hygiene, infection, poor growth and
development, in need of medical attention, dental work, glasses
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THE WOMEN OF ALEITHEIA !

Shaken Infant syndrome ! Healed with congested edges, sharp coaptible borders 4
1. Shaken Infant syndrome to 10 days
2. no signs of external injury ! Healed with no congestion, sharp coaptible borders more
3. intracranial and intraocular hemorrhages than 10 days to 3 weeks
4. may cause motor defects, mental retardation, vision impairments that are ! Healed laceration, rounded borders more than 1 month
not noticeable until child reaches school age ! CRIMES WHERE VIRGINITY IS AN ELEMENT
! Qualified seduction The seduction of a virgin over twelve years
Child Sexual Abuse and under eighteen years of age, committed by any person in
! INCEST public authority, priest, home-servant, domestic, guardian, teacher,
! Common - father-daughter or any person who, in any capacity, shall be entrusted with the
! Father history of emotional deprivation and psychological education or custody of the woman seduced
inadequacy ! Consented abduction The abduction of a virgin over twelve
! Families deeply troubled, much hostility between members years and under eighteen years of age, carried out with her consent
! Young child is in a helpless and dependent position and unable to and with lewd designs
say no or is simply not mature enough to cope with strong ! DEATH DUE TO THE SEXUAL ACT
conflicting feelings of sexual relations with a relative ! Death from Natural Causes usually happened to males because of
! The younger the child and the closer the relationship, the more greater physical exertion during intercourse myocardial infarction
serious the emotional consequence ! Death of the female partner is usually accidental suffocation,
! Adults who suffered sexual abuse may suffer from depression, self- embolism
abusive behavior and sexual dysfunction. Victims suffer from ! Death may be due to defensive act of woman victim
feelings of inferiority, poor basic trust, repressed anger, difficulties ! Death of both partners usually due to intercourse in enclosed space
in establishing successful adult relationships ! RAPE
! REPRESSSED MEMORIES OF SEXUAL ABUSE 1. Carnal knowledge of a woman by a man
! Victims of sexual abuse in childhood often have some memory of 2. Through sexual assault insertion of penis into anal orifice or
prior sexual abuse although they may be fragmented mouth, or insertion of object or instrument to genital or anal orifice
! Traumatic experiences may come back in flashbacks, in physical ! Must be committed:
forms, such as sensation of gagging, or in nightmares 1. Through force, threat or intimidation
! FACTORS TO CONSIDER: 2. When offended party is deprived of reason or otherwise
1. child is emotional, fearful, vague history of injury unconscious
2. child is overly aggressive, disruptive, destructive and hostile 3. Fraudulent machinations, grave abuse of authority
3. vague and defensive detail of child injury from parents or parents 4. Offended party under 12yo or demented
aggressive, abusive or apathetic and unresponsive when ! Dementia strictly refers to slow deterioration of
approached about problems concerning child mental function but may refer to condition where
4. many previous unexplained injuries or history of previous illness there is decreased mental function characterized
5. extended delay in seeking medical care by problems with memory, reasoning or thinking
6. poor growth and development of child ! Allegations of Grave abuse of authority, fraudulent machinations
7. child complains of beatings and maltreatment consider the personality, intellectual capability and circumstances of
the victim
Sex Crimes ! Use of Force, threat or intimidation tenacious resistance is not
! VIRGNITY required
! Parts of the female body to be considered in the determination of ! deprived of reason or otherwise unconscious
the condition of virginity: ! EXAMPLES:
1. Breasts ! Date rape drugs Flunitrazepam (Rohypnol)
2. Vaginal Canal ! Sleeping sickness, knocked-out, sleeping
3. Labia Majora and Labia minora ! Takes effect within 20 minutes, causes
4. Fourchette disorientation, amnesia, muscle relaxation,
5. Hymen dizziness, headaches, slows psychomotor
! HYMENAL LACERATION responses, and lowers inhibitions
! Parts of the female body to be considered in the determination of ! Respiratory depression, coma, and death are
the condition of virginity: unpredictable possibilities when someone
! Fresh bleeding laceration recent unknowingly takes a date rape drug
! Fresh healing, with some swelling after 24 hours ! Gamma-hydroxybutyrate
! AlcohoL

Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016

THE WOMEN OF ALEITHEIA
! DEATH DUE TO THE SEXUAL ACT
1. Death from Natural Causes usually happened to males because of
greater physical exertion during intercourse myocardial infarction
2. Death of the female partner is usually accidental suffocation,
embolism
3. Death may be due to defensive act of woman victim
4. Death of both partners usually due to intercourse in enclosed space
! PROFILE OF RAPISTS
! Solitary, socially inadequate man with low self esteem
1. Primary aim: to reassure themselves of their masculinity
by exercising power over their victim. They believe woman
will fall in love with them
2. They tend to kiss and fondle their victims, compliment
them on their beauty, and they avoid violence
3. They become distressed if the woman becomes manifestly
upset or struggles too much
! Sexual sadist, excited by womans suffering
1. They are extremely intelligent and active
2. Rape involves torture and may create their own violent
pornography
3. Cool and calm when committing and recounting crimes
4. Penetrate victims as violently as possible
5. They do not appear odd or peculiar to people who know
them in daily life
! Motivation found to be motivated by anger (violent physical
assault) or assertion of power (no more force than necessary to
succeed)
! Most serial rapists have prior sexual offenses which may not be
rape voyeurism, obscene phone calls
! In one study, only 33 percent collected pornography, 76% had
history of prior sexual abuse either as victims or as witnesses
! VICTIMS OF RAPE
! Acute disorganization characterized by shock, disbelief, fear and
anxiety
! May lose appetite, startle at minor noises, develop headaches or
insomnia or fatigue
! May have trouble maintaining normal family or occupational life
! May have frightening dreams or develop irrational fears
! May develop sexual dysfunctions afraid of sex or unable to
experience orgasms
! MEDICAL EVIDENCE
1. Evidences from the victim
! physical examination, mental state examination,
examination of clothing
! commonly injured extragenital areas are the mouth, throat,
wrist, arms, breasts, and thighs.
2. Examination of the alleged offender physical examination,
evidence from sex organ, pubic hair
3. Examination for presence of seminal fluid and spermatozoa
clothing, vaginal smear, and other stains on the body(lips, cheeks,
thighs, anus, and buttocks) of victim, accused, crime scene
Forensic Medicine Ivy Patdu, M.D., J.D.
20
!
! RAPE KIT
1. Instructions
2. Small paper bags, envelopes, cardboard boxes for evidence
collection
3. White sheets, gauze
4. Microscope glass slides, test tube
5. Comb to collect hair and fiber
6. Wooden splints, nail clipper
7. Documentation forms
8. Labels
! EVIDENCE COLLECTION
1. Victims clothing bagged
2. Pubic hair region is combed to recover any foreign hair
3. Stains on victim collected in gauze
4. Pubic hair samples from victim taken
5. Vaginal and cervical smears on microscopic slides, anal smears if
indicated
6. Condition of hymen and perineum noted
7. Scraping of nails with wooden splint, or nails cut
8. Oral swabs
9. Blood sample
! RAPE VICTIM ASSISTANCE
! R.A. No. 8505 Rape Victim Assistance and Protection Act of 1998
! Sec. 3 Rape Crisis Center xxx establish in every province and city
a rape crisis center located in a government hospital or health clinic
or in any other suitable place for the purpose of:
! (a) Providing rape victims with psychological counselling,
medical and health services, including their medico-legal
examination; xxx
! Sec. 4. Duty of the Police Officer xxx
! (b) Arrange for counseling and medical services for the
offended party xxx
! xxx It shall be the duty of the police officer or the
examining physician, who must be of the same gender as
the offended party, to ensure that only persons expressly
authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical
examination is being conducted.
! For this purpose, a women's desk must be established in
every police precinct throughout the country to provide a
police woman to conduct investigation of complaints of
women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims
must be assigned to female prosecutor or prosecutors after
the police shall have endorsed all the pertinent papers
thereof to the same office.
! UNNATURAL SEXUAL OFFENSES AND ABNORMALITIES
1. Pedophilia psychiatric disorder in persons 16 years of age or
older typically characterized by a primary or exclusive sexual
interest toward prepubescent children (generally age 11 years or
younger, though specific diagnostic criteria for the disorder extends
the cut-off point for prepubescence to age 13)
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THE WOMEN OF ALEITHEIA
2. Bestiality sexual activity between humans and non-human
animals or a fixation on such practice
3. Gerontophilia sexual preference for the elderly
4. Necrophilia sexual attraction to corpses
5. Incest sexual intercourse between family and close relatives
6. Fetishism sexual arousal a person receives from a physical
object, or from a specific situation
7. Frottage sexual rubbing non-penetrative sex
8. Coprolalia involuntary swearing or the involuntary utterance of
obscene words or socially inappropriate and derogatory remarks
9. Indecent Exposure the deliberate exposure in public or in view
of the general public by a person of a portion or portions of his or
her body, in circumstances where the exposure is contrary to local
moral or other standards of appropriate behavior
! Art. 55 of the Family Code - A petition for legal separation may be filed on
the ground of sexual infidelity or perversion;
! R.A. 9262 A sexual perversion may be considered as an act of Violence
against women or children which could include stalking, voyeurism
Alcohol
! 22ML OF 40%(80 PROOF ALCOHOL) PER HOUR IF YOU SIP AT THIS RATE,
YOU DO NOT ACCUMULATE ALCOHOL IN THE BODY
! 1 CUP = 250 ML
! Speed that alcohol enters blood stream depends on:
! Food in stomach
! Type of beverage and concentration of alcohol
! Circumstances under which alcohol is consumed
! Drinkers constitutional state
Intoxication
! 0.05 percent alcohol in blood thought judgment and restraint are loosened
and sometimes disrupted
! 0.10 percent voluntary motor actions usually become perceptibly clumsy
! 0.20 percent function of entire motor area of brain is measurably
depressed
! 0.30 percent person is confused and may become stuporous
! 0.40-0.50 percent person is in coma
! At higher levels, the primitive centers of the brain that control breathing and
heart rate are affected and death ensues
! Alcohol may produce blackouts/amnesia
! Alcohol is metabolized in the liver
! Some drugs are also metabolized in the liver
! Prolonged use increases metabolism
! Does not get drunk easily
! Drugs dont take effect
! But if intoxicated alcohol and drug competes and toxic blood levels may
accumulate because the competition with alcohol causes less drug to be
metabolized
! Others drugs have synergistic effect with alcohol which means they become
more potent narcotics, benzodiazepines, other depressants
Deception Detection
Forensic Medicine Ivy Patdu, M.D., J.D.
21
!
! A person who is telling the truth can repeat the story the same way many
times, with variations, and with missing details.
! A person who is telling a fabricated story can repeat it word for word, and
dates and time are precise, and all details are remembered.
! EYES AND FACE:
1. When asked about something, looks to the left instead of right
(visually constructed images v. visually remembered images)
2. Avoids making eye contact
3. Facial Expression incongruent, or does not affect the whole face
4. Clearing of throat, Licking of lips, rubbing of throat, chin, mouth
! BODY LANGUAGE
1. Stiff posture or uncomfortable, makes adjustment on clothes
2. Tendency to distancing self from accuser, turns away,
unconsciously positions objects between self and accuser
3. Crossing of arms
! PHYSIOLOGICAL BASIS
! Sympathetic system function is to prepare a body for emergency,
Fight or Flight response
1. Increase heart rate
2. Constricted arterioles of skin
3. Arterioles of muscles dilated
4. Blood pressure is raised
5. Redistribution of blood leaves skin, and GI tract and passes brain,
heart, skeletal muscles
6. Dilate pupils
7. Hair may stand on end
8. Sweating occurs
! WHEN A PERSON IS LYING OR NERVOUS
! Dryness of mouth, licking of lips
! Shaking or trembling
! Perspiration
! Increased heartbeat
! Faster pulse, slight pulsing of neck arteries
! Rapid breathing
! Flushing of face
! People v. Adoviso - 309 SCRA 1(1999)
! Adovino shot Rufino Agunos several times with said firearms hitting
the latter on the different parts of his body which were the direct
and immediate cause of his death. On the premise that the trial
court rendered the judgment of conviction on the basis of mere
conjectures and speculations, appellant argues that the negative
result of the polygraph test should be given weight to tilt the scales
of justice in his favor.
! The theory behind a polygraph or lie detector test is that a person
who lies deliberately will have a rising blood pressure and a
subconscious block in breathing, which will be recorded on the
graph. However, American courts almost uniformly reject the
results of polygraph tests when offered in evidence for the purpose
of establishing the guilt or innocence of one accused of a crime,
whether the accused or the prosecution seeks its introduction, for
the reason that polygraph has not as yet attained scientific
acceptance as a reliable and accurate means of ascertaining truth
or deception. The rule is no different in this jurisdiction. Thus, in
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THE WOMEN OF ALEITHEIA
People v. Daniel, stating that much faith and credit should not be
vested upon a lie detector test as it is not conclusive. Appellant, in
this case, has not advanced any reason why this rule should not
apply to him.
! POLYGRAPH
! Accuracy depends on:
1. Subject
2. Equipment
3. Operator
! Failure to detect lies:
1. Subject has taken drugs
2. Makes deliberate muscular contractions
3. Psychopathic personality
! Polygraph measures:
1. Respiration and depth of breathing
2. Changes in skin
3. Blood pressure
4. Pulse rate
! HYPNOSIS
! Brain waves remain as if awake, oxygen consumption is the same
! Induce trance by persuading subjects to relax, lose interest in
external distractions, focus on hypnotists suggestions
! Once subject is relaxed, hypnotist gives simple suggestions before
proceeding to more difficult ones
! Hypnotic susceptibility depends on trust on the hypnotist and
willingness to be hypnotized
! Information obtained under Hypnosis not admissible
! PSYCHOLOGICAL STRESS EVALUATOR AND VOICE STRESS TESTS not
scientifically proven to be reliable, measures micro-tremors of the human
voice
! TRUTH SERUM
! Sodium pentathol
! Drug removes persons inhibitions so he or she is more likely to tell
the truth
! Patients may become violently excited
Rule on Examination of a Child Witness
! Rules apply whenever proceedings involve a child witness
! Child witness: A child witness is any person who at the time of giving
testimony is below the age of eighteen (18) years. In child abuse cases, a
child includes one over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
! Objectives: to create and maintain an environment that will allow children
1. to give reliable and complete evidence,
2. minimize trauma to children,
3. encourage children to testify in legal proceedings, and
4. facilitate the ascertainment of truth.
! Every child is presumed qualified to be a witness. However, the court shall
conduct a competency examination of a child, motu proprio or on motion of
a party, when it finds that substantial doubt exists regarding the ability of
Forensic Medicine Ivy Patdu, M.D., J.D.
22
!
the child to perceive, remember, communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in court.
! Examination of a child as to his competence shall be conducted only by the
judge who shall ask only developmentally appropriate questions
! Court may appoint:
1. Interpreter for child
2. Facilitator - The facilitator may be a child psychologist, psychiatrist,
social worker, guidance counselor, teacher, religious leader, parent,
or relative.
3. Guardian ad litem
4. Support persons - A child testifying at a judicial proceeding or
making a deposition shall have the right to be accompanied by one
or two persons of his own choosing to provide him emotional
support.
! In his testimony, the child may be allowed use of:
1. Testimonial aids
2. Emotional security item - While testifying, a child shall be allowed to
have an item of his own choosing such as a blanket, toy, or doll.
3. Screens, one-way mirrors, and other devices to shield child from
accused
! When a child testifies:
1. the public may be excluded
2. testimony may be given in a separate room to be televised to the
courtroom by Live-link television
3. videotaped deposition may be applied for- which may be admitted
into evidence If, at the time of trial, the court finds that the child is
unable to testify
! Studies Suggest that:
! Children as young as six years old have no trouble distinguishing
between fact and fantasy when describing the actions of other
people. In one study, on only one test did six year olds do worse
than adults children had trouble distinguishing what they had
actually said aloud from what they had imagined themselves saying
! When testimony depends on noticing an incidental event, six year
olds seemed to do better than adults who tend to concentrate more
narrowly than children who usually do not focus their attention in
the same single-minded manner that adults do
! Children make less inferences than adults because children have a
smaller store of knowledge and are unlikely to distort information
by incorrect expectations
! Testimony of children are more sketchy because they remember
fewer details.
! A child may be suggestible if the child did not understand the event
or if the childs memory of the event has become relatively less
accessible.
! In identification of suspects, children are more likely to make false
identifications unless the person is familiar to them.
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THE WOMEN OF ALEITHEIA !

VAWC: Republic Act No. 9262, Sections 29, 35, 40

! SECTION 29. Duties of Prosecutors/Court Personnel.
! Prosecutors and court personnel should observe the following duties
when dealing with victims under this Act:
(a) communicate with the victim in a language understood by the
woman or her child; and
(b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
! SECTION 35. Rights of Victims.
! In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of
Justice (DOJ) or any public legal assistance office;
(c) to be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for
under the Family Code; and
(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.
! SECTION 40. Mandatory Programs and Services for Victims.
! The DSWD, and LGU's shall provide the victims temporary shelters,
provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance. The DOH shall
provide medical assistance to victims.
! SECTION 41. Counseling and Treatment of Offenders.
! The DSWD shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with
anger and emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to submit to
psychiatric treatment or confinement.

Rule 130: Expert Witness Rule

! SEC. 48. General rule. The opinion of a witness is not admissible, except
as indicated in the following sections.
! SEC. 49. Opinion of expert witness. The opinion of a witness on a
matter requiring special knowledge, skill, experience or training which he is
shown to possess, may be received in evidence.

Forensic Medicine Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016