HISTORY OF LEGAL MEDICINE

IN WORLDWIDE SCALE:

 The earliest recorded medico-legal expert was Imhotep (2980 B.C.). He was the chief physician and architect of
King Zoser of the third dynasty in Egypt and the builder of the first pyramid. That time was the first recorded
report of a murder trial written on clay tablet.
 The Code of Hammurabi, the oldest code of law (2200 B.C.) included legislation on adultery, rape, divorce,
incest, abortion and violence.
 Hippocrates (460-355 B.C.) in Greece discussed the lethality of wounds. Aristotle (384-322 B.C.) fixed animation
of fetus at the 40th day after conception.
 About 300 B.C. the Chinese materia medica gave information on poison including aconite, arsenic and opium.
Hashish was said to have been used as a narcotic in surgery about 200 B.C. That bodies of all women dying
during confinement should immediately be opened in order to save the child's life was promulgated during the
reign of Numa Pompilius in Rome (600 B.C.).
 The first "police surgeon" or forensic pathologist was Antistius. Julius Caesar (100-44 B.C.) was murdered and his
body was exposed in the forum and Antistius performed the autopsy. He found out that Julius Caesar suffered
from twenty-three wounds and only one penetrated the chest cavity through the space between the first and
second ribs.
 Justinian (483-565 A.D.), in his Digest, made mention that a physician is not an ordinary witness and that a
physician gives judgment rather than testimony. This led to the recognition of expert witness in court.
 The first textbook in legal medicine was included in the Constitute Criminalis Carolina which was promulgated in
1532 during the reign of Emperor Charles V in Germany.
 Pope Innocent III (1209) issued an edict providing for the appointment of doctors to the courts for the
determination of the nature of wounds.
 Pope Gregory IX, in 1234, caused the preparation of Nova Compilatio Decretalium which concerned medical
evidence, marriage, nullity, impotence, delivery, caesarian section, legitimacy, sexual offenses, crime against
persons and witchcraft.
 In the 14th century, Pope John XXII expressed the need of experts in the ecclesiastical courts, in the diagnosis of
leprosy and many medico-legal documents.
 In China, the Hsi Yuan Lu (Instructions to Coroner) was published. It is a five volume book dealing with inquest,
criminal abortion, infanticide, signs of death, assault, suicide, hanging, strangling, drowning, burning, poisoning
and antidotes, and examination of the dead.
 In 1575, Ambroise Pare considered legal medicine as a separate discipline and he'discussed in his book,
abortion, infanticide, death by lightning, hanging, drowning, feign diseases, distinction between ante-mortem
and post-mortem wound and poisoning by carbon monoxide and by corrosives.
 Paulus Zacchias (1584-1659), a papal physician, is regarded as the "father of forensic medicine." He published
Questiones
 Medico-legales which dealt with the legal aspects of wounds and the first two chapter dealt with the detection
of secret homicide.
 In 1598, Severin Pineau published in Paris a work on virginity and defloration. He confirmed the existence of the
hymen and that it may not rupture during sexual intercourse. -Orfila (1787-1853) introduced chemical methods
in toxicology. In his Traite' des Poison, he mentioned mineral, vegetable and animal poison in relation with
physiology, pathology and legal medicine. He was considered later as the founder of modern toxicology.
 The period thereafter is characterized by an appreciable increase in available publication on the subject dealing
with modem innovative findings and procedures related to medical progress and changes in the laws.
IN THE PHILIPPINES:

 In 1858, the first medical textbook printed including pertinent instructions related to medico-legal practice by
Spanish physician, Dr. Rafael Genard y Mas, Chief Army Physician, entitled "Manual de Medicina Domestica."
 In 1871, teaching of legal medicine, included as an academic subject in the foundation of the School of Medicine
of the Realy Pontifica Universidad de Santo Tomas.
 On March 31, 1876 by virtue of the Royal Decree No. 188, of the King of Spain, the position of "Medico
Titulares" was created and made in charge of public sanitation and at the same time medico-legal aid in the
administration of justice.
 In 1894, rules regulating the services of those "Medico Titulary Forences" was published.
 In 1895, medico-legal laboratory was established in the City of Manila and extended at the same time its
services to the provinces.
 In 1898, American Civil Government preserved the Spanish forensic medicine system.
 In 1901, Philippine Commission created the provincial, insular and municipal Board of Health (Act Nos. 157, 307
and 308) in the Philippines and assigned to the respective inspectors and presidents of the same, medico-legal
duties of the "Medico Titulares" of the Spanish regime. The Philippine Legislature maintained the pre-
existing medico-legal system in full force in the Administrative Code.
 In 1908, the Philippine Medical School incorporated the teaching of Legal Medicine, one hour a week to the fifth
year medical students.
 In 1919, the University of the Philippines created the Department of Legal Medicine and Ethics with the head
having the salary of 4,000.00 pesos per annum, half-time basis, with Dr. Sixto de los Angeles as the chief.
 On January 10, 1922, the head of the Department of Legal Medicine and Ethics became the Chief of the Medico-
Legal Department of the Philippine General Hospital without pay.
 On March 10, 1922,-the Philippine Legislature enacted Act. No. 1043 which became incorporated in the
Administrative Code as Section 2465 and provided that the Department of Legal Medicine, University of -the
Philippines, became a branch of the Department of Justice.
 On December 10, 1937, Commonwealth Act. No. 181 was passed creating the Division of Investigation under the
Department of Justice. The Medico-Legal Section was made as an integral part of the Division with Dr. Gregorio
T. Lantin as the chief.
 On March 3, 1939, the Department of Legal Medicine of the College of Medicine, University of the Philippines
was abolished and its functions were transferred to the Medico-Legal Section of the Division of Investigation
under the Department of Justice.
 On July 4, 1942, President Jose P. Laurel consolidated by executive order all the different law-enforcing agencies
and created the Bureau of Investigation on July 8,1944.
 In 1945 immediately after liberation of the City of Manila, the Provost Marshal of the United States Army
created the Criminal Investigation Laboratory with the Office of the Medical Examiner as an integral part and
with Dr. Mariano Lara as Chief Medical Examiner.
 On June 28, 1945, the Division of Investigation, under the Department of Justice was reactivated.
 On June 19, 1947, Republic Act. No. 157 creating the Bureau of Investigation was passed. The Bureau of
Investigation was created by virtue of an executive order of the President of the Philippines. Under the bureau, a
Medico-Legal Division was created with Dr. Enrique V. de los Santos as the Chief.
 There exists a Medico-Legal Division in the Criminal Laboratory Branch of the G-2 of the Philippine Constabulary.
All provincial, municipal and city health officers, physicians of hospitals, health centers, asylums, penitentiaries
and colonies are ex-officio medicolegal officers.
 In remote places where the services of a registered physician was not available, a "Cirujano Ministrante" may
perform medico-legal work. However, after the approval of Republic Act 1982 on June 15, 1954 which provided
 for the creation of rural health unit to each municipality composed of municipal health officer, a public nurse, a
midwife and a sanitary inspector virtually abolished the appointment of Cirujano Ministrante thereby making
qualified physicians to perform medico-legal functions. June 18, 1949, Republic Act 409 which was later
amended by Republic Act 1934 provides (Sec. 38) for the creation of the office of the Medical Examiners and
Criminal Investigation Laboratory under thej^jice Department of the City of Manila.

On December 23, 1975, Presidential Decree 856 was promulgated and Sec. 95 provides:

A. Persons authorized to perform autopsies:

1. Health officers

2. Medical officers of law enforcement agencies

3. Members of the medical staff of accredited hospitals

B. Autopsies shall be performed in the following cases:

1. Whenever required by special laws;

2. Upon order of a competent court, a mayor and a provincial or city fiscal;

3. Upon written request of police authorities,

4. Whenever the Solicitor General, provincial or city fiscal deem it necessary to disinter and take possession of the
remains for examination to determine the cause of death;

5. Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of death.

Source: Legal Medicine, book by Pedro Solis

A TIMELINE OF THE HISTORY OF LEGAL MEDICINE

WORLD
YEAR SIGNIFICANT EVENTS

2980 BC The earliest recorded medico-legal expert was Imhotep.

The Code of Hammurabi, the oldest code of law, was conceived. It includes legislation on
2200 BC
adultery, rape, divorce, incest, abortion, and violence.
Numa Pompilius promulgated that bodies of all women dying during confinement should
600 BC
immediately be opened in order to save the child’s life.
460 – 355 BC Hippocrates of Greece discussed the lethality of wounds.

384 – 322 BC Aristotle fixed animation of fetus at the 40th day of conception.
The Chinese materia medica gave information on poison including aconite, arsenic, and
300 BC
opium.
200 BC Hashish was said to have been used as a narcotic in surgery.
Julius Cesar was murdered and his body was exposed in the forum. Antistius, the first
100 – 44 BC
“police surgeon” or forensic pathologist then, performed the autopsy.
 Justinian in his Digest, made mention that a physician is not an ordinary witness and that a
483 – 565 AD physician gives judgment rather than testimony. This led to the recognition of expert witness
in court.
Pope Innocent III issued an edict providing for the appointment of doctors to the courts for
1209
the determination of the nature of wounds.
Pope Gregory IX caused the preparation of Nova Compilatio Decretalium which concerned
1234 medical evidence, marriage, nullity, impotence, delivery, caesarian section, legitimacy,
sexual offenses, crime against persons and witchcraft.
Pope John XXII expressed the need of experts in the ecclesiastical courts, in the diagnosis
of leprosy and many medico-legal documents.
14th Century In China, the Hsi Yuan Lu (Instructions to Coroner) was published. It is a five volume book
dealing with inquest, criminal abortion, infanticide, signs of death, assault, suicide, hanging,
strangling, drowning, burning, poisoning and antidotes, and examination of the dead.
The first textbook in legal medicine was included in the Constituto Criminalis Carolina. This
1532
was promulgated during the reign of Emperor Charles V in Germany.
Ambroise Pare considered legal medicine as a separate discipline and he discussed in his
book abortion, infanticide, death by lightning, hanging, drowning, feign diseases, distinction
1575
between ante-mortem and post-mortem wound and poisoning by carbon monoxide and by
corrosives.
Paulus Zacchias, a papal physician, is regarded as the "father of forensic medicine." He
1584 – 1659 published Questiones Medico-legales which dealt with the legal aspects of wounds and the
first two chapter dealt with the detection of secret homicide.
Severin Pineau published in Paris a work on virginity and defloration. He confirmed the
1598
existence of the hymen and that it may not rupture during sexual intercourse.
Orfila introduced chemical methods in toxicology. In his Traite' des Poison, he mentioned
1787 – 1853 mineral, vegetable and animal poison in relation with physiology, pathology and legal
medicine. He was considered later as the founder of modern toxicology.

A TIMELINE OF THE HISTORY OF LEGAL MEDICINE

PHILIPPINES

YEAR SIGNIFICANT EVENTS

The first medical textbook by Spanish physician, Dr. Rafael Genard y Mas, Chief Army
1858 Physician, entitled "Manual de Medicina Domestica" was printed. It includes pertinent
instructions related to medico-legal practice.
The teaching of legal medicine is included as an academic subject in the foundation of
1871
the School of Medicine of the Real y Pontifica Universidad de Santo Tomas.
By virtue of the Royal Decree No. 188 of the King of Spain, the position of
March 31, 1876 "MedicoTitulares" was created and made in charge of public sanitation and at the
same time medico-legal aid in the administration of justice.
1894 Rules regulating the services of those "Medico Titular y Forences" was published.
A medico-legal laboratory was established in the City of Manila and at the same
1895
extended its services to the provinces.
1898 The American Civil Government preserved the Spanish forensic medicine system.
The Philippine Commission created the provincial, insular and municipal Board of
Health (Act Nos. 157, 307 and 308) in the Philippines and assigned to the respective
1901 inspectors and presidents of the same, medico-legal duties of the "Medico Titulares"
of the Spanish regime. The Philippine Legislature maintained the pre-existing medico-
legal system in full force in the Administrative Code.
 The Philippine Medical School incorporated the teaching of Legal Medicine, one hour
1908
a week, to the fifth year medical students.
The University of the Philippines created the Department of Legal Medicine and Ethics
1919 with the head having the salary of 4,000.00 pesos per annum, half-time basis, with Dr.
Sixto de los Angeles as the chief.
The head of the Department of Legal Medicine and Ethics became the Chief of the
January 10, 1992
Medico-Legal Department of the Philippine General Hospital without pay.
The Philippine Legislature enacted Act. No. 1043 which became incorporated in the
March 10, 1922 Administrative Code as Section 2465 and provided that the Department of Legal
Medicine, University of the Philippines, became a branch of the Department of Justice.
Commonwealth Act. No. 181 was passed creating the Division of Investigation under
December 10, 1937 the Department of Justice. The Medico-Legal Section was made as an integral part of
the Division with Dr. Gregorio T. Lantin as the chief.
The Department of Legal Medicine of the College of Medicine, University of the
Marc 3, 1939 Philippines was abolished and its functions were transferred to the Medico-Legal
Section of the Division of Investigation under the Department of Justice.
President Jose P. Laurel consolidated by executive order all the different law-
July 4, 1942
enforcing agencies and created the Bureau of Investigation on July 8,1944.
Immediately after liberation of the City of Manila, the Provost Marshal of the United
States Army created the Criminal Investigation Laboratory with the Office of the
1945
Medical Examiner as an integral part and with Dr. Mariano Lara as Chief Medical
Examiner.
June 28, 1945 The Division of Investigation, under the Department of Justice was reactivated.

A TIMELINE OF THE HISTORY OF LEGAL MEDICINE

PHILIPPINES

YEAR SIGNIFICANT EVENTS

A Republic Act. No. 157 creating the Bureau of Investigation was passed. The Bureau
of Investigation was created by virtue of an executive order of the President of the
June 19, 1947
Philippines. Under the bureau, a Medico-Legal Division was created with Dr. Enrique
V. de los Santos as the Chief.
The Republic Act 409 which was later amended by Republic Act 1934 provides (Sec.
June 18, 1949 38) for the creation of the office of the Medical Examiners and Criminal Investigation
Laboratory under the Police Department of the City of Manila.
Presidential Decree 856 was promulgated. Section 95 thereof provides:
A. Persons authorized to perform autopsies:
1. Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals
B. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
December 23, 1975 2. Upon order of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities,
4. Whenever the Solicitor General, provincial or city fiscal deem it necessary to
disinter and take possession of the remains for examination to determine the
cause of death;
5. Whenever the nearest kin shall request in writing the authorities concerned
to ascertain the cause of death.