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LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D.

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CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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LEGAL MEDICINE Forensic Psychology- determination of the motive and


behaviour of individuals involved in crimes.
This is a branch of medicine which deals with the
application of medical knowledge to the purposes of law and Forensic Trace Evidence-analysis of hairs, fibers, paint chips,
in the administration of justice. gunshot residue and similar objects gathered at the scene of a
crime to link a suspect.
Forensic Botany-study and identification of plant materials to
FORENSIC SCIENCE- is the scientific process of analyzing connect to a suspect to a crime scene.
forensic evidence.
Weight of Forensic Evidence- cannot be copied, changed or
Forensic Anthropology- study of skeletal remains to determine
fabricated.
their age and identity.
Depends on
Forensic Entomology- examination of insects found in a dead
body to identify the time and location of death. (1) the manner in which evidence was gathered, preserved
and presented to the court
Forensic Toxicology- identification and determination of the
effect of drugs and poisons in the humans. (2) the manner the scientific examination was conducted and
Forensic Biology- the DNA analysis of body fluids, teeth, hair, (3) the correctness of the interpretation of examination
bone and tissue to identify a person.
Chain of Custody
Forensic Geology- study of trace evidence-soils, minerals, and
-Must not be broken for forensic evidence to be entitled to
petroleum-to link a suspect to a crime.
weight.
Forensic Odontology-study of teeth and bite marks to identify
-Means that from discovery, collection, examination and
a person.
scientific analysis to submission to the court the identity,
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 2
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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physical appearance, original state and nature of the integrity (ability to be introduced as evidence into a court of
evidence have not been changed, altered or tampered. law) for law enforcement purposes.
Justice Antonin Scalia in Melendez-Diaz v. Massachusetts, 129 Method Consideration
S.Ct. 2529:
The purpose of searching a crime scene is to identify and
“Forensic evidence is not uniquely immune from the risk of secure evidence, enabling proper understanding of the events
manipulation.” that occurred, as well as physical material to support possible
arrest, prosecution and conviction.
Also held that crime laboratory reports may not be used at trial
unless the analysts responsible for creating them give testimony The method employed (grid, line, link, ray, spiral or zone) will
and subject themselves to cross-examination. actually be chosen based on the type of crime that occurred,
the crime scene location (and difficulty of access to it), as well
Exchange Principle (Dr. Edmond Locard, French criminologist):
as the resources and equipment capabilities available.
Everyone involved in a crime scene takes something from the Medico-legal Aspect of Identification
scene and leaves something of himself behind.
1. Identification is the determination of the individuality of a
Crime Scene Integrity
person or thing.
Crime scene investigators often only get one chance to
Rules in identification of evidence:
properly search a crime scene before contamination
(introduction of foreign materials) to the scene and becomes 1. The greater the number of points of similarities and
an issue. dissimilarities of two persons compared, the greater is the
probability for the conclusion to be correct. (Law of Multiplicity
As more and more people arrive at the scene—from the
of Evidence in Identification)
general public and news media to medical and law
enforcement personnel—the scene’s evidence loses its
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 3
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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2. The value of the different points of identification varies in the o Gait Pattern is the series of foot marks by a person
formulation of conclusion. (e.g. Fingerprints on file, visual walking or running
recognition, bodily marks, dental comparison) -mannerism
-hands and feet: foot or hand impression; footprint
3. The longer the interval between the death and the
or handprint
examination of the remains for purposes of identification, the
-facies
greater is the need for experts in establishing identity.
-handedness
Identification of Persons:
b. Applicable to Both Living and Dead (before onset of
Ordinary Methods of Identification- those which laymen use to decomposition)
prove identity.
b.1. Occupational marks
a. Applicable to the Living Person Only b.2. Race: color of the skin, facial features, shape of the skull
b.3. Tattoo marks
a.1. Characteristics which may easily be changed b.4. Birth marks
• Growth of hair, beard or mustache b.5. Injuries leaving permanent marks-amputation, malunion of
• clothing fractures.
• Frequent place of visit b.6. Moles
• Trade or profession b.7. Scar
• Body ornamentation b.8. Sex or Reproductive Organs
b.9. Blood examination
1.2. Characteristics which are not easily changed b.10. Stature
• Memory
Scientific Methods of Identification
• Speech: sound spectrographic analysis
• Gait: gait patterns
-Anthropometry
-Fingerprinting
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 4
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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-Dental Identification
-Handwriting Methods of Approximating the Height of a Person:
-Identification of Skeleton
-Determination of Sex 1. Height-Distance between tips of middle fingers of both
-Determination of Age hands the arms stretched laterally
-Identification of Blood and Blood Stains 2. Height= 2 x length of one arm + 12 in. from clavicle and 1.5
-Identification of Hair and Fibers in. from sternum
3. Height= 2 x length from vertex of skull to symphysis pubis
Anthropometry (Bertillon System) 4. Distance between supra-sternal notch and symphysis pubis =
1/3 of height
Basis: it is impossible to find two human beings having bones 5. Length of head x 8 = height
exactly alike.
The human skeleton is unchangeable after the twentieth (20th) Identification of the Skeleton
year.
-when all the external identifying marks have disappeared
Information included in the system: -a complete layout of the bones on a table in their exact
1. Descriptive date- color of the hair, eyes, skin; shape of the locations in the human body is necessary to determine:
nose, etc. 1. Whether the remains are of human origin or not
2. Body marks 2. Whether the remains belong to a single person or not
3. Anthropometrical measurements: 3. Height
a) Body measurements 4. Sex
b) Measurement of the head 5. Race
c) Measurement of the limbs 6. Age
7. Length of time from death
Portrait Parle (spoken picture)-is a verbal, accurate and 8. Ante or post mortem bone injuries, congenital deformities
picturesque description of the person identified.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 5
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Fingerprint Analysis Plastic prints- impressions from a finger or palm deposited in a


-is probably the oldest discipline of forensic science. material that retains the shape or ridge detail, such as melted
candle wax, putty or thick grease deposits on car parts. Such
Fingerprinting prints are already visible and need no enhancement.
-most valuable method of identification and universally used
because: Patent or visible prints- impressions of unknown origins which
1. There are no two identical fingerprints are obvious to the human eye and are caused by a transfer of
2. Fingerprints are not changeable. foreign material on the finger onto a surface.

Practical uses: Latent prints- invisible to the naked eye and have to be
chemically lifted and examined at the lab by electronic,
1. To establish identity of dead bodies and unknown or missing chemical and physical processing techniques. These may only
persons. be a small portion of the surface of the finger and may be
2. To associate person or weapon in prints from crime scene. distorted, overlapping or smudged.
3. To compare prints on file.
ACE-V (Analysis, Comparison, Evaluation, Verification)
Given weight by the courts because fingerprints are
permanent, unchangeable an unique to each person. Analysis: The small details of friction ridges (minutiae) which
serve as vital identification markers are studied. The ridge
Sir Francis Galton: “The chances of two fingerprints being endings, dots, short ridges, bifurcations and trifurcations
identical are as small as small as 64 billion to 1. In over a indicate the division of the ridges into parts. The locations of
century of forensic fingerprinting, no two prints have ever been sweat pores and pores of oil glands are determined.
found to be the same, even those of identical twins.” Comparison: Fingerprints collected at the crime scene are
matched or compared with those belonging to the suspect or
Fingerprints are classified into: those on file in police agencies.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 6
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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-hand held glass magnifiers putrefaction or physical destruction. The greater the tissue
-microscopes destruction, the greater is the importance of dental
-digital cameras, computers and scanner, the image of a identification.
latent fingerprint is converted into digital format and then to a
computerized picture. PD 1575 requires practitioners of dentistry to keep records of
their patients. After 10 years from the last entry, dental
The assumption that each person has a unique set of practitioners shall turn over to the NBI dental records of their
fingerprints which is different from others has not been proven patients.
up to now.
FORENSIC DENTISTRY
Even if this assumption is still unproven—probably
because of the difficulty or impossibility of doing so—the So unique to a person are his teeth that dental
principle of UNIQUENESS stands supported by sufficient data to identification remains valid up to now. But unlike fingerprints,
remain a valid principle of fingerprint analysis. teeth are not inherently unique from birth.

The other principle of IMMUTABILITY supports fingerprint -teeth grow and wear out
identification. The friction ridge patterns remain the same until
death except when mutilated or damaged by accident or skin -grow an average of 4 micrometers per day so age estimate
disease and remain until the body decomposes. can be made.

DENTAL IDENTIFICATION -can distinguish age, occupation and ethnicity.

1. The possibility of 2 persons to have the same dentition is -Tooth enamel is harder than any other substance in the
remote. human body and can withstand temperatures as high as 2000
2. The enamel of the teeth is the hardest substance of the deg Fahrenheit or 1093 deg Centigrade.
human body and may outlast all other tissues during
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 7
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Identification Aspects in Dentition: The first step is to determine if bite is self-inflicted and caused
by a human.
1. Personal, occupational and cultural traits
Each mark is the measured and photographed because the
2. Age: appearance of a bite changes.

9 years- 12 permanent teeth In case the person is dead the bite mark is cut out from the
11 years- 20 permanent teeth skin, preserved and cast in silicone.
13 years- 28 permanent teeth and no deciduous teeth
25 years- root-ends of 3rd molar completely calcified Reliability of Bite Marks

3. Sex: Barr bodies from palatal scrapings Skin is elastic, it slips and moves, compresses and stretches. Bite
marks change even in dead flesh.
Comparing the teeth of a person, dead or alive, with his Although they are considered admissible evidence and have
dental record is a common method. It looks for teeth similarities identified suspects who were eventually convicted, the advent
and differences. of DNA analysis questions the reliability of bite marks.
Critics “feel that bite-mark analysis should be used only to
If no dental record is available, a dental profile of the eliminate, not identify a suspect.”
person is done instead.
VOICE IDENTIFICATION
With DNA testing more reliable identification can be
made from DNA samples from the tooth pulp which, even Aural test: Using long-term memory, the listener is familiar with
damaged by fire and other causes, can last for many years. the perceptual characteristics of a given voice and uses them
for comparison to eliminate or identify an unknown talker.
BITE MARKS Using short-term memory, the examiner is a trained person not
necessarily familiar with the unknown voice and is able to
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 8
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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compare known and unknown voices by using two tape


recorders. Handwriting Analysis

Voiceprint or Visual Examination of Voice -examines the penmanship of a person, how he signs his name,
writes, slants, forms and punctuates his letters, sentences and
Spectograph records and displays the similarities and paragraphs.
dissimilarities between patterns of similar words from known
and unknown voices. The parameters of speech waves like The analysis is done by comparing the forged or questioned
frequency, time and relative intensities are shown by the document to the true writing of person for similarities and
spectrograph and can be printed. differences.

HANDWRITING The standard writing with which the questioned writing has to
be compared are of two types:
Rules of Court-Handwriting, how proved
1. Collected (Procured) standard- handwriting by the person
-The handwriting of a person may be proved by any witness who is suspected to have written the questioned document
who believes it to be the handwriting of such person, and has found in private or public records. If clear and sufficient is the
seen the person write, or has seen writing purporting to be his most appropriate standard.
upon which the witness has acted or been charged, and has
thus acquired knowledge of the handwriting of such person. 2. Requested standard- made by the alleged writer upon
request of the examiner or persons interested in the
-Evidence respecting the handwriting may also be given by a examination; applicable to recently written questioned
comparison, made by the witness or the court, with writings documents.
admitted or treated as genuine by the party against whom the
evidence is offered, or proved to be genuine to the
satisfaction of the judge.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 9
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Disguised Writing is the deliberate attempt of writer to alter his Cons: The technique appears to be subjective and lacking in
writing with new a style or by imitating the writing of another controlling standards.
person.
Pros: The who are defending handwriting analysis on scientific
-by changing the direction of slant or speed in writing or size of grounds cited a study of Sargur Srihari, computer science
letters, by deliberate carelessness, by using left or right hand. professor at the State University of New York at Buffalo.

-characterized by inconsistencies in slant or letter formation, -1,550 writing samples to computer analysis, he
lack of free-flowing movement and rhythm, unnatural starts concluded that in 96% of cases the writer of a sample could be
and stops, irregular spacing. positively identified based on the number of handwriting
features such as letter dimensions and pen pressure.
Signature Forgery- is the deliberate attempt to make it appear DETERMINATION OF SEX
that a person has participated in the execution of a
document. Legal Importance:

Classification: 1. As an aid in identification

a. Traced forgery is basically drawing and lacks the free natural 2. To determine whether an individual can exercise certain
movement in a normal writing. obligations vested by law to one sex only

b. Simulated forgery is an attempt to copy in a freehand 3. Marriage


manner a genuine signature.
4. In certain crimes a specific sex can only be the offender or
c. Spurious forgery- no attempt is made to copy the genuine victim
writing.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 10
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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a. In rape, abduction, abuse against chastity: a woman is the


victim, a. General features and contour of the face
b. Presence or absence of hair in some parts of the body
b. In prostitution: the offender must be a woman c. Length of scalp hair
d. Clothes
c. In adultery: married woman is the offender; In concubinage, e. Figure
husband is the offender f. Habits
g. Voice and manner of speech
Tests to Determining Sex:
2. Highly probable evidences
1. Social Test
2. Genital Sex a. Presence of vagina, uterus, and accessories in female,
3. Gonadal Test and penis in male
4. Chromosomal Test: Barr bodies in women b. Developed breasts in female
• Gonadal agenesis- reproductive organs (testes or c. Muscular development and distribution of fat in the
ovaries) have never developed body.

• True hermaphroditism- the gonads of both sexes are 3. Conclusive evidence


present
a. Presence of ovary in female and testis in male
• Pseudohermaphroditism- gondal tissue of one sex but the
behaviour of the opposite sex
DETERMINATION OF AGE
Evidences of Sex:
Legal Importance of Determination of Age:
1. Presumptive evidences
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 11
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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• As an aid to identification Fetus 25 cm or more: Age (mo)=length of fetus/5

• Determination of criminal liability Age Determination During Infancy:

• Determination whether a person can exercise civil rights, Height:


right of suffrage
Newborn full term - 50 cm
• Determination of capacity to contract marriage
After 6 months- 60 com
• As a requisite to certain crimes
After 1 year - 68 cm
o Rape (under 12 years of age)
o Infanticide (child less than 3 days old) After 4 years - Double the birth height (1m)
o Qualified seduction (virgin over 12 and under 18 Weight:
years of age)
o Simple seduction (single woman or widow of good Newborn full term - 2.5 to 3 kg
reputation)
o Over 12 under 18) Roughly increases in weight by 0.5 kg per month
o Consented abduction (over 12 and under 18 years
of age) End of 6 months -birth weight doubled
o
Determination of age of fetus: (Hess Rule) End of 1 year -birth weight tripled

Fetus less than 25 cm long: Age (mo)=square root of length in Points to Consider in Age Determination:
cm
• Eruption of teeth
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 12
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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2. As circumstantial or corroborative evidence as perpetrator


• Appearance of ossification centers of crime

• Union epiphysis with shaft of bones 3. In the crime scene: cause of death, direction of escape,
approximate time of death
• Obliteration of cranial sutures
• Recent blood is bright red in color: blood stains exposed
• Growth of pubic hair, facial hair to air become dry (hemoglobin to hematin)

• Changes of the breast in females- 13 to 14 years of age • Solution with blood when heated produces a muddy
preicipitate
• Voice development
• Bloodstains with certain solutions added emit bluish-white
• Manarche luminescence in dark room.

• Degree of mental development • Chemical, microscopic, microchemical, spectroscopic,


biologic examinations
• Atheromatous changes of blood vessels, opacity of lens
and cornea Blood Grouping:

IDENTIFICATION OF BLOOD AND BLOOD STAINS Principle: Blood of all human beings belong to any of the four
principal blood groups. A normal suspension of human red cells
Legal Importance of the Study of Blood: when mixed with similar serum results in even suspension. When
mixed with another group, agglutination results (clumping of
1. In disputed parentage red blood cells).
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 13
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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The red blood cells contain agglutinogens (anitgens) and


the serum contains agglutinins (antibodies). c. Projected Bloodstains- formed by blood from a punctured or
damaged artery.
Value of the Test:
Blood splatters can ascertain:
It may solve disputed parentage. A positive result is not
conclusive of paternity or maternity, but a negative result is 1. type and velocity of weapon
conclusive that he is not the child of the alleged parents. 2. number of blows
3. handedness of assailant/s
BLOOD PATTERN ANALYSIS (BPA) 4. position and movements of the victim and the assailant
during and after the attack
-is the examination of the size, shape, location and distribution 5.wounds inflicted first
pattern of bloodstains. 6. type of injuries
7. duration of the crime committed
-interpreted to show the relative positions of the people 8. whether death was immediate or delayed
involved, the degree of force used and the angle of attack at
a crime scene, or whether the person has lost blood through a DNA ANALYSIS
medical condition or an accidental or self-inflicted injury.
Since mid-1980’s, DNA has developed and is today reputed to
3 Main Categories: be the most reliable tool of forensic science.

a. Passive Bloodstains-drops formed by the force of gravity DNA (Deoxyribunucleic Acid)


acting alone.
-component part of every cell in the human and defines a
b. Transfer Bloodstain- exemplified by a bloody hand or person’s genetic makeup. It is the same in every cell in the
footwear created on a surface.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 14
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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body: the DNA in a person’s blood is the same as the DNA in his
brain, liver, kidney, lungs, skin, muscle, saliva, sperm, etc. Restriction enzymes cut the DNA extracted- Electrophoresis
(solution with DNA fragments placed on a gel and exposed to
A person’s DNA is a combination of the mother and the electric current)- pattern of dozens of parallel bands (There are
father’s DNA. Unless he has an identical twin, his DNA is more than 10 billion probable patterns from the individual
uniquely his. assortment of polymorphisms).

Sources of DNA Evidence: 2) Polymerase Chain Reaction (PCR)

• Bite mark or area licked (dribble) The copying process uses the enzyme polymerase to replicate
• Fingernail scraping (blood or skin cells) DNA regions in a test tube. By repeating the copying process, a
• Surface of condom (semen or skin cells) small number of DNA molecules can be reliably increased up
• Blankets, sheets, pillows, or other bed linens (semen, to billions within several hours.
sweat, hair, or saliva)
• Clothing, including garments worn during and after the DNA Database:
assault (hair, semen, blood, sweat) The Federal Bureau of Investigation in the US, with the help of
• Hat, scarf, mask (sweat, skin cells, hair or saliva) an extensive database called CODIS (Combines DNA Index
• Tissue paper, washcloth (saliva, semen, hair, skin cells or System), can link DNA of a perpetrator of a crime in one
blood) location to crimes committed in another place where the
• Cigarette butt, toothpick or rim of bottle, can, glass suspect’s DNA may be found.
(saliva)
• Tape or ligature (skin cells, saliva, or hair) CODIS can also link persons whose DNAs are stored to crimes
which have remained unsolved for many years.
Methods of DNA Testing:
Basic Instances when DNA fingerprinting has been used
1) Restriction Fragment Length Polymorphism (RFLP) worldwide:
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 15
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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accused-appelant to win an acquittal by asking for a


a. Establishing paternity DNA test.
b. Solving of a crime- DNA evidence to prove whether the
person was or was not at the crime scene. • In Tijing v. CA, the Court recognized the nature of DNA in
c. Identification of body- identify victims of bombings, our system in its “final note” on the case involving the
shipwreck, fire and other mass disasters where bodies or body identity of the missing son.
parts are available.
• In 2002, the Court in People v. Vallejo admitted the
As early as 1995, the Supreme Court of the Philippines importance of DNA test as the Court applied the totality
noted the importance of DNA when it stated in its obiter of evidence to conclude that the accused appellant is
dictum in the case of People v. Teehankee (where the guilty of the crime charged (rape with homicide).
appellant was convicted of murder on the testimony of 3
eyewitnesses) that while eyewitness identification is significant, • In 2004, the Court in People v. Yatar cautiously
it is not as accurate and authoritative as the scientific forms of appreciated the DNA results to affirm the conviction of
identification evidence such as the fingerprint or the DNA test the accused. As it opined, “significantly, subsequent
result”. testing showed that the DNA of the sperm specimen from
the vagina of the victim was identical with the semen to
In 1999, the Court made a categorical pronouncement be that of the appellant’s gene type.”
that DNA typing is a more accurate and authoritative means
of identification than eyewitness testimony (Andal v. People, MEDICOLEGAL ASPECTS OF PHYSICAL INJURIES
GR 138268-69, May 26, 1999) albeit too late to consider at the
moment. A. Physical Injuries Resulting from Physical Violence

• The ruling was adopted in the case of People v. Penaso Vital Reaction- is the sum total of all reactions of tissue or organ
where the Court rejected the last-ditch effort of the to trauma manifested by:
a. Rubor
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 16
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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b. Dolor
c. Calor 3. As to the Manner of Infliction:
d. Functio laesa or loss of function
• The presence of vital reaction differentiates antemortem a. Hit- bolo, blunt instrument
from post-mortem injuries. b. Thrust or stab- dagger, bayonet
c. Gunpowder explosion
Classification of Wounds: d. Sliding or abrasion

1. As to Severity: 4. As to Depth of the Wound

a. Mortal Wound- capable of causing death immediately a. Superficial- involves only the layers of the skin
after infliction b. Deep- beyond the layers of the skin
-wounds inflicted on heart and large blood vessels, brain, 1. Penetrating- wounding agent enters the body by
upper spinal cord, lung, stomach, liver, spleen, mere piercing of a solid organ or tissue of the body
intestine. 2. Perforating- wound agent produces
b. Non-mortal wound communication between the inner and outer
portion of the organs.
2. As to Instrument Used:
5. As to the Relation of the Site of Application of Force and the
a) By blunt instrument- contusion, hematoma, laceration Location of Injury
b) By sharp instrument- sharp-edged (incision), sharp-
pointed (puncture), sharp-edged and sharp pointed a. Coup Injury- located at the application force
(stab wound)
c) By tearing force- laceration b. Contre-Coup Injury- found opposite the site of the
d) By heat or cold- frostbite, burns or scalds application of force
e) By chemical explosion- gunshot wound, shrapnel wound
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 17
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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c. Locus Minoris Resistencia- located not at the site nor


opposite the site of the application of force but in -depending upon the nature and character of the wound
some areas offering the least resistance to the force inflicted and its consequences on the person of the victim
applied. (insanity, imbecility, impotency, blindness, loss of any of the
senses or organ, incapacity to work and duration of resulting
d. Extensive Injury- involving greater areas of the body incapacity).
beyond the site of the application force.
Medical Classification of Wounds:
Special Types of Wounds
1. Closed Wound- no breach of continuity of skin or mucous
a. Defense Wound- result of extinctive reaction to avoid or membrane
repel potential injury. a. Superficial
• petechiae
b. Patterned Wound- wound in the nature and shape of object • contusion
and which infers object used. • hematoma
b. Deep
c. Self-inflicted Wound • Sprain
• Dislocation
Legal Classification of Physical Injuries: • Fracture
• Strain
• Mutilation • Subluxation
• Serious Physical Injuries • Internal Hemorrhage
• Less Serious Physical Injuries • Concussion
• Slight Physical Injuries and Maltreatment 2. Open Wound- abrasion, incision, stab wound, puncture,
laceration
-depending on presence or absence of intention
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 18
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Closed Wounds:
-is the extravasation of blood in a newly-formed cavity
Petechiae- caused by the passage of blood from the underneath the skin.
capillaries; may be small or pinhead sized but may coalesce to
form big hemorrhagic areas; in trauma, asphyxial death, Hematoma- develops when the blunt instrument is applied
coronary occlusion, blood diseases over bony tissue; aspiration with syringe will show blood.

-is the effusion of blood into the tissues underneath the skin Musculoskeletal Injuries
arising from a blunt force
Sprain- partial or complete disruption of muscle or ligament
caused by blow or torsion force.
-size is usually greater than the size of the object causing it.
Dislocation- displacement of the articular surface bones
Contusion- location may not always indicate the site of forming a joint.
application of force.
Fracture- disruption of bone continuity arising from violence or
-external pattern may correspond to shape of weapon. pre-existing pathology.
a. Simple or Close Fracture- no break of overlying skin
Age of Contusion
b. Open or Compound Fracture- with open wound caused by
After its complete purple broken bone.
development
c. Comminuted Fracture- bone is fragmented into several
4-5 days green pieces
7-10 days yellow d. Greenstick Fracture- where only one side of bone is broken
while the opposite side is bent.
7-10 days disappearance
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 19
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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e. Spiral Fracture- break is spiral in shape as long as in bones. • develops at the precise point of impact of the force
causing it.
f. Linear Fracture- where fracture forms a crack esp. in flat
• consists of parallel linear injuries in line with the direction of
bones.
the friction causing it.
g. Pathologic Fracture- caused by weakness of the bone due • may show pattern of the wounding material.
to disease. • far-reaching importance in the medico-legal viewpoint.
• abrasions caused by fingernails may indicate struggle or
Cerebral Concussion assault located in the face, neck, forearms and hands.
-is the jarring of the brain characterized by: • abrasions on bony parts may be from friction on rough
surfaces.
• temporary loss of function • may infer the degree of pressure, nature of the rubbing
• unconsciousness object and the direction of movement.
• relaxed muscles
• slow respiration, rapid pulse Incised Wound (Cut, Slash, Slice)
• subnormal temperature • is produced by a sharp-edged instrument like a knife,
• relaxed sphincter razor, bolo, metal sheet, glass
• retrograde amnesia (loss of memory for events just before
the injury) Impact Cut-where there is forcible contact of the cutting
instrument with the body surface.
Open Wounds:
Slice Cut- when cutting injury is due to the pressure
Abrasion (Scratch, Graze, Impression Mark, Friction Mark) accompanied with movement of the instrument.
• characterized by the removal of the superficial epithelial Hacking Wound- when the instrument is a heavy cutting
layer of the skin caused by the rub or friction against a instrument like axe, saber, bolo.
hard rough surface.
Characteristics of Incised Wounds:
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 20
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1. Edges are clean cut. -usually multiple as those from broken windshield and glass
parts.
2. Usually the wound is shallow near the extremities and deeper
at the middle portion. Suicidal Cut- Homicidal Cut-
throat Throat
3. Profuse haemorrhage is invariably a feature.
Direction Oblique, across Horizontal, below
4. Gaping due to retraction of the edges is present.
front of neck Adam’s apple
INCISED WOUNDS may be: above Adam’s
apple
• suicidal
• homicidal Severity Usually not so Usually deep and
• or accidental deep may involve
cartilage and
1. SUICIDAL WOUNDS bones
-located in the neck, flexor surfaces of the extremities (elbow, Superficial Usually present Absent except
groin, knee, wrist) and accessible to the hand in inflicting the Cut when victim
injury. (Hesitation) struggled
-usually with hesitation cuts and the direction varies with the Wounding Firmly grasped Absent
hand used in inflicting the injuries. Weapon (cadavericspasm)
2. HOMICIDAL WOUNDS or beside victim

-incised wounds are deep, multiple and in both accessible and Blood (dili na mabasa (dili pud mabasa
non-accessible parts of the body to hands of the victim. Distribution most probably) In most probably)At
front part of body the back of the
3. ACCIDENTAL WOUNDS
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 21
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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hands smeared neck hands clean -is the result of a thrust of a sharp pointed instrument (icepick,
needle, nail, pointed stick, hook).
-External injury is small but depth is to a certain degree.
Stab Wound- is produced by the penetration of a sharp-
pointed and sharp-edged instrument. Lacerated Wound

Genral Rule: The edges are clean-cut, regular and -is the tear of the skin and underlying tissues due to forcible
distinct. contact with a blunt instrument: a hit with a piece of wood, fist
blow, stone, butt of firearm.
-Shape and size of injury do not correspond to the wounding
-Surface length of wound reflects width of the wounding instrument.
instrument.
-Skin tear is rugged with extremities irregular and ill-defined.
-The extremities of wound may show the nature of the
instrument used. Double-blade: both extremities sharp; Single- Wound may be directly fatal due to:
bladed instrument: one extremity rounded and contused.
1. Haemorrhage- incised wound at the lateral neck
-Direction of surface defect determines relative positions of
2. Mechanical injuries on the vital organs—blow to the head,
offender and victim.
puncture to the lungs
-Multiple stab wounds in different parts of the body shows
3. Shock
homicidal intent.
Wound may be indirectly fatal due to:
-Stab wound with serrated borders infers alternative thrust and
withdrawal of weapon. 1. Sespsis- tetanus, gas gangrene
Punctured Wound 2. Scarring- strictures in esophagus hypertrophic scar of chest
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 22
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MEDICOLEGAL INVESTIGATION OF WOUNDS 1. External signs and circumstances related to the position and
attitude of body when found.
Determination whether wound was inflicted during life or after
death: 2. Location of weapon or manner in which it was found.
Ante-mortem Wound Post-mortem Wound 3. Motive underlying commission of the crime.

Haemorrhage copious Haemorrhage slight or 4. Character of the deceased.


none
5. Signs of struggle: contusion from fist, hair or skin on nails
Clotted blood Blood not clotted or soft
6. Number and direction of wounds.
blood
7. Nature and extend of wounds.
Deep staining of edges and Edges and tissues not
tissues not removed by deeply stained 8. State of clothing.
washing
Length of Time of Survival of the Victim After the Infliction of the
Edges gape owing to the Edges do not gape Wound:
retraction of skin and muscle
fibers -degree of healing: signs of repair of the wound and the
degree of granulation and other reparative changes.
Inflammation and No inflammation or
-Changes in the body in relation to the time of death
reparative process present reparative process
v degree of wasting
v anemia
v bedsore formation
Points in the Determination if Wound is Homicidal, Suicidal or Which of the wounds was inflicted first?
Accidental:
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CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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-Necessary for the qualification of the offense committed. Importance of Death:


-Consider: 1. The civil personality of a natural person is extinguished by
death
• relative position of the assailant and the victim
• course of wound in the body 2. The property of a person is transmitted to his heirs at the
• organs involved and degree of injury time of death
• presence of defense wounds on the victim
• testimony of witness 3. The death of a partner is a cause of dissolution of
partnership agreement
Extrinsic Evidence in Wounds:
4. The death of either the principal or agent extinguishes
1. Evidence from the Wounding Weapon agency
a) Position of the weapon 5. The criminal liability of a person is extinguished by death
b) Blood on the weapon
c) Hair and other substances on weapon Death is the termination of life. It is the complete cessation of
all the vital functions without possibility of resuscitation. It may
2. Evidence in the clothing of victim be:
In gunshot wound, hole in clothing may determine wound of o Brain death – When there is a deep irreversible coma,
entrance. Presence of gunpowder at hole of entrance. absence of electrical brain activity and complete
3. Evidence from the examination of the assailant cessation of all the vital functions without possibility of
resuscitation
4. Evidence from the crime scene.
o Cardio-respiratory death – occurs when there is a
continuous and persistent cessation of heart action and
MEDICO-LEGAL ASPECT OF DEATH respiration Clinical or somatic death – it is the state of the
body in which there is complete, persistent and
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 24
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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continuous cessation of the vital functions of the brain, b. Auscultation for heart sounds at the precordial area
head and lungs which maintain life. c. Fluoroscopic examination
d. Electrocardiography
o Molecular or cellular death – occurs 3 to 6 hours after
somatic death when there is no evidence of excitability
of muscles and other functions of individual cells. This is 2. Cessation of Respiration
affected by previous state of health, interaction, climate, Must be continuous and persistent.
etc.
A person can hold his breath not longer than 3-1/2 minutes.
o Apparent death (state of suspended animation) – not
really death but a transient loss of consciousness or May be suspended in: divers or swimmers, Cheyne-Strokes
temporary cessation of vital functions of the body as in respiration, apparent drowning, newborns.
hysteria, electric shock, catalepsy in drowning cases
before successful resuscitation. Its importance is in Methods of Detecting:
premature pronouncement of death. a. Odserving the movement of chest and abdomen in
inspiration and expiration
Signs of Death
b. Auscultation over base of the anterior aspect of the
1. Cessation of Heart action and Circulation neck (air passing through trachea)
§ Respiration stops before the cessation of heart
contraction and circulation 3. Cooling of the Body (Algor Mortis)
- Progressive fall of the body temperature when the
General Rule: If there is no heart action for a period of 5
metabolic processes in the body ceases.
minutes, death is regarded as certain
- Cooling is rapid during the first 2 hours after death and
Methods of Detecting: slows down as the body approaches the temperature of
a. Palpitation of the pulse the environment
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 25
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Factors delaying the cooling: c. Stage of secondary flaccidity and Putrefaction – Muscles
Febrile diseases, sudden death in good health. Obesity. become flaccid and unreactive to stimulation.
Death form asphyxia, clothing, warm surroundings Factors affecting onset of rigor mortis:
Factors accelerating the cooling: State of health prior to death, age, temperature, air
Body leanness, extreme age, chronic illness, unclothed moisture
body, large room, body in water
CONDITIONS STIMULATING RIGOR MORTIS:
Normal Temperature (98.4 F) – Rectal Temperature
1.5 1. Heat stiffening
=Approximate number of hours after death 2. Cold stiffening
3. Cadaveric spasm
CHANGES IN THE BODY FOLLOWING DEATH:
Rigor motis may used to estimate the time of death, while
1. Changes in the Muscle cadaveric spasm may used to determine the nature of death.
Stages of the Muscles After Death:
D. Stage of Secondary Flaccidity – muscles become soft and
a. Stage of primary flaccidy – Muscles are relaxed and may do not respond to electrical or mechanical stimulation.
contract when stimulated:
Pupils are dilated, sphincters are relaxed.
2. Changes in Blood
b. Stage of post-mortem rigidity (Rigor Mortis) – Muscles are
rigid due to contraction. 3-6 hours after death and may
a. Coagulation of the blood
last for 24 to 36 hours.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 26
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Ante mortem clot – firm, surface of the blood vessel raw § Frothing out of nostrils and mouth
after clot is removed, homogenous, and uniform in color

Chronological Changes in Tropical Region


Post-mortem clot – soft, surface of blood vessels smooth
after removal of clot, can be stripped off in layers
12
b. Post-mortem lividity – blood accumulates in the most hours Generalized rigor mortis. Hypostasis well-
dependent portions of the body. after developed and fixed.
death
Importance:
1. It is one of the signs of death. Rigor mortis absent. Green discoloration
24
2. It may be determine whether the position of the body over whole abdomen and chest. Abdomen
hours
has been changed after its appearance in the body. distended with gases.
3. Color of the lividity may indicate the cause of death
4. It may determine the duration of death.
48 Ova of flies present. Trunk bloated. Blisters
hours present.
3. Putrefaction of the Body
- Is the breaking down of the complex proteins into simpler
components associated with the evolution of foul 72 Whole body grossly swollen. Hair and nails
smelling gasses causing: hours loose. Tissues soft and discolored.
§ Displacement of the blood resulting to post-mortem
bleeding 1
Soft viscera putrefied.
§ Boating of the body week
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 27
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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- Average time is 24 to 48 hours after death. Manifested


2 Only more resistant viscera distinguishable. by watery, foul-smelling froth coming out the nostrils and
weeks Soft tissues largely gone. mouth, softness of the body

One 4. Stage of Decomposition


Body skeletonized.
month - May be influenced by several factors
5. Entomology of the Cadaver
6. Age of Digestion in the Stomach
7. Amount of Urine in the Bladder
DURATION OF DEATH: 8. State of the Clothings
9. Postmortem Clotting and Decoagulation of bloodstains
1. Presence of Rigor Mortis - Blood clots in blood vessels in 6 – 8 hours after death.
- Sets in from 2 to 3 hours after death. Fully developed in Decoagulation occurs at the early stage of
12 hours. May last 18 to 36 hours and its disappearance decomposition.
concomitant with onset of putrefaction. 10. Presence or absent of soft tissues in skeletal remains

2. Presence of Port-Mortem Lividity MEDICO-LEGAL INVESTIGATION OF DEATH


- Develops 3 to 6 hours after death in the most dependent
portions of the body depending upon the position
Inquest Officer
assumed at the time of death.

§ Official of the state charged with the duty of investigating


3. Onset of Decomposition
the manner and cause of death of a person
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 28
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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§ Provincial and City Fiscals, Judges of the Regional Trial (2) Providing correlation of clinical diagnosis and
Courts and Municipal Trial Courts, Director of the National clinical symptoms;
Bureau of Investigation, Solicitor General (3) Determining effectiveness of therapy;
(4) Studying the natural course of disease process; and
Stages of Medico-Legal Investigation: (5) Educating students and physicians
• Crime Scene Investigation – investigation of the place of
the commission of the crime Right to give consent (order):

• Autopsy – investigation of the body of the victim 1. Spouse


2. Descendants of the nearest degree
Post-mortem examination – examination of a dead body 3. The ascendants of the nearest degree (oldest shall be
without incision being made, although blood and other body preferred)
fluids may be collected for examination.
Medico-legal or Official Autopsy
Autopsy – in addition to an external examination, the body is
opened and internal examination is conducted § Done for the purposes of:
(1) Determining the cause, manner and time of death;
Hospital or Non-official Autopsy (2) Recovering, identifying and preserving evidentiary
material;
(3) Providing a factual, objective medical report for law
§ Done with the consent of the deceased person’s relatives
enforcement, prosecution, and defense agencies; and
for the purposes of:
(4) Separating death due to disease from death due to
(1) Determining the cause of death
external cause for the protection of the innocent
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 29
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§ The dead belongs to the state for the protection of the


public interest until after the investigation is completed. AXPHYXIA – results primarily from the interference with the
process of respiration or the condition in which the supply of
When shall autopsy be performed on a dead person? oxygen to the blood or to the tissues or both has been reduced
below normal level
a. Whenever required by special laws;
b. Upon order of a competent court, a mayor and a Classification of Asphyxia
provincial or city fiscal;
c. Upon written request of police authorities; § By hanging
d. Whenever the Solicitor General, Provincial or city fiscal as § By strangulation
authorized by existing laws, shall deem it necessary to o Strangulation by ligature
disinter and take possession of the remains for o Manual strangulation or throttling
examination to determine the cause of death; and o Other forms – palmar strangulation, garrotting, mugging
e. Whenever the nearest kin shall request in writing the or yoking, compression of the neck with stick
authorities concerned in order to ascertain the cause of § Suffocation
death. o Smothering or closing of the mouth and nostrils by solid
objects
Persons authorized to perform autopsies o Choking or closing of the air passage by obstruction of
1. Health officers its lumen
2. Medical officers of law enforcement agencies § By submersion or drowning
3. Members of the medical staff of accredited hospitals § By pressure on the chest
§ By irrespirable gases
DEATH BY ASPHYXIA
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 30
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Classification: 4. Subpleural, subepicardial punctuate hemorrhage

§ As to the location of the ligature and knot Evidence in support of homicidal hanging:
o Typical – ligature runs from the midline above the 1. Disturbance in surrounding
thyroid cartilage symmetrically encircling the neck 2. Signs of struggle
o Atypical – ligature is tied on one side of the neck, in 3. Presence of bodily injuries in the body of the victim
front or behind the ear, or on the chin 4. Presence of defense wounds in the body of the victim
§ As to the amount of constricting force
o Complete – when the body is completely suspended Evidence in support of suicidal hanging
and the constricting force is the whole weight of the 1. Findings compatible with self-suspension
body 2. Clenching of hand and absence of signs of struggle
o Partial – when the body is partially suspended as when 3. History of suicide attempt
the victim is sitting, kneeling or assuming other positions 4. Suicide note
§ As to symmetry 5. Easily accessible materials
o Symmetrical – when the knot is at the midline at the
occiput or below the chin ASPHYXIA BY STRANGULATION
o Asymmetrical – knot is one side
Strangulation by ligature – produced by compression of the
Findings that show hanging is Ante-mortem: neck by means of a ligature tightened by a force other than
the weight of the body.
Vital reaction § Ligature is drawn tight by pulling the ends after crossing
1. Redness at the site of ligature the back or front of the neck
2. Ecchymosis of pharynx and epiglottis
3. Rupture of the intima of the carotid artery
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 31
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§ Several folds of ligature around the neck tightly placed opposite


and ends are knotted knot
- Vertebral
§ Or loop is thrown over the head and a stick twists the injury
noose tight frequent

Death by Strangulation with Ligature Manual Strangulation or Throttling


Hanging - The constricting force applied on the neck is the hand

- Hyoid - Hyoid bone spared Methods of Throttling:


bone - Ligature mark horizontal with knot § Using one hand – neck is grasped with the thumb exerting
injured on same horizontal plane on one side and the rest of the fingers on the opposite side
- Ligature - Ligature below the larynx
§ Using both hands with assailant in front
mark - Grove uniform in depth
§ Using bond hands with assailant behind
inverted - Vertebral injury not observed
V with
apex at Manner of death in strangulation
sight of § Air passage is blocked and death is due to asphyxia
knot § Compression of the blood vessels in the neck and blocking
- Ligature blood supply to the brain
at level § Compression of nerves of the neck producing shock
of hyoid
bone Other Forms of Strangulation:
- Groove
1. Palmar Strangulation
deepest
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 32
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The palm of the hand of the offender is pressed in front of Suicidal smothering by use of hands is not possible.
the neck without using other fingers.
Accidental smothering may occur when a person is under the
2. Garroting influence of alcohol or drugs, epilepsy or helpless state.
A ligature, a metal collar or a bowstring is placed around
the neck and tightened at the back. Overlaying – in children from pressure of bedding or pressure of
unconscious parent
3. Mugging
With the assailant standing behind the victim, the forearm is Gagging – application of materials to prevent access of air
applied in front of the neck through the mouth and nostrils

ASPHYXIA BY SUFFOCATION Plastic bag suffocation – in children when bag covers face
including nostrils and mouth
-Is exclusion of air from the lungs by closure of air opening or
obstruction of the air passageway from the external openings Choking
to the air sacs.
- Is suffocating from impaction of foreign body in the
Smothering respiratory passage:
§ Vomitus
-caused by the closing of the external respiratory orifices by the § Regurgitated food from stomach
use of hand or by some other means. As in block by foreign § Bolus of food (cafe coronary)
substances. § False set of teeth
§ Blood in oral surgery
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 33
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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§ Bleeding from lungs The average time for death in drowning is 2 to 5 minutes. The
- usually accidental length of survival in drowning is inversely proportional to the
amount in froth in the respiratory tract
Asphyxia by Submersion or Drowning
- nostrils and mouth are submerged in any fluid for a period Post-mortem findings:
of time preventing the free entrance of air into the
airpassage and lungs § External Findings
o Wet clothes, face pale, foreign bodies on skin
- It is not necessary for the whole body to be submerged in o “CUTIS ANSERINA” or gooseflesh – due to the contract of
fluid. It is sufficient for the nostrils and mouth to be under the the erector pili muscle
fluid. o “WASHERWOMAN’S HANDS AND FEET” – proves only that
the body has remained in the water for sometime
Causes of Death in Drowning o Penis and scrotum may be contracted, eyes half-
opened or closed, conjunctivae red and pupils dilated;
Typical drowning – the primary cause of death is asphyxia with mouth half-open of closed with tongue protruding
the water interfering with respiration o Post-mortem lividity marked in head, neck and chest
o Cadaveric spasm
Atypical drowning – the causes may be: o Other physical injuries

§ Vagal stimulation causing cardiac inhibitions § Internal Findings


§ Laryngeal spasm from inhaled water
§ Unconsciousness at the time of submersion “Emphysema aquosum” – lungs are distended overlapping
the heart with rib markings on the surface due to the
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 34
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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irritation by the inhaled water stimulating mucus secretion. § “Tete de negri” – bronze color of the head and neck when
The lungs are progressively distended and air is driven by drowned body is in decomposition. With head submerged
the fluid to the lung surface. blood accumulates in the face and neck.

“Edema aquosum” – entrance of water into the air sacs COMPRESSION ASPHYXIA OR CRUSH ASPHYXIA
makes the lung doughy, pits on pressure and exudes water
and froth when cut § Respiration is prevented by the immobility of the chest and
abdomen due to external pressure
“Champignon d’ocume” – whitish foam in the nostrils and § Assailant may kneel on chest of victim. Victim in wrestling,
body pinned under collapsing building
mouth. This is due to the abundant mucus secretion of the
respiratory passage which by respiratory movement whips
ASPHYXIA BY BREATHING IRRESPIRABLE GASES
up into foam.
§ Carbon Monoxide (“Silent killer”)
§ Colorless gas
If drowning took place in the salty water, the blood chloride
§ Combines with hemoglobin to form carboxyhemoglobin
content is greater in the left side of the heart than in the
which is more stable than oxyhemoglobin
right. If drowning took place in fresh water, the blood § Limits oxygen carrying capacity of blood and prevents
chloride is more in the right ventricle than in the left. release of oxygen from oxyhemoglobin
§ Accidental and suicidal death: enclosing in a room or
§ Floating of the body occurs within 24 hours from drowning. garage with motor engine running
Decomposition of the body causes accumulation of gas in § Carbon dioxide, Hydrogen sulphide, Cyanide
the body causing the body to float
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 35
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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GUNSHOT WOUNDS -Alarms and Scandals


Legal Definition: Sec 877, Revised Administrative Code -Discharge of Firearms
Firearm- includes riffles, muskets, shotguns, revolvers, pistols, Types of Small Firearms of Medico Legal Interest:
and all other deadly weapons from which a bullet, ball shot,
shell, or other missile may be discharged by means of 1. Revolver- the circular magazine rotates by the cocking of
the hammer so that the next cartridge is positioned for firing.
gunpowder or other explosives.
Velocity: 600 feet per second.
-The term also includes air riffles except such as being of small
2. Automatic Pistol- the empty shell is ejected when the
caliber and limited range are used as toys. The barrel of any
cartridge is fired and a new cartridge slips automatically from
firearm shall be considered as complete firearm for all
recoil. “Self-loading firearm”. Velocity: 1,200 feet per second.
purposes thereof.
3. Rifle- is with a long barrel and a butt and fired from the
Laws Relative to Firearm:
shoulder. Velocity: 2,000 feet per second.
(1) Revised Administrative Code:
4. Shotgun- projectile is a collection of lead pellets of varying
-Unlawful manufacture, dealing in acquisition, or possession of sizes depending on cartridge applied.
firearms, or ammunitions therefore, or instrument used or
Principal Components of Weapons to Cause Injury:
intended to be used in the manufacture of firearms or any
ammunition. 1, Cartridge or ammunition- complete unfired unit consisting of
bullet, primer, cartridge case and powder charge.
-Selling of firearms to unlicensed purchaser.
2. Firearm- instrument for the propulsion of a projectile by the
-Failure of personal representative deceased licensee to
expansive force of gases from a burning gunpowder.
surrender firearm.
(2) Revised Penal Code:
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 36
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Powder Burns- blackening of the margin of gunshot wound of Entrance Wound Exit Wound
entrance due to smoke smudging, gunpowder tattooing and
burning of the wound margin. 1. Smaller than the missile 1. Always bigger than the
due to elasticity of the tissue missile
Abrasion Collar- results when the pressure of bullet on the skin
causes the skin to be depressed and as the bullet lacerates the 2. Edges are inverted 2. Edges are everted
skin, the depressed portion is rubbed with the rougher surface 3. Usually oval or round 3. No definite shape
of the bullet. depending on angle of
Factors Determining the Injurious Effects of Missile: approach of bullet

1. Factors inherent on the missile 4. Contusion collar or 4. Contusion collar absent


contact ring present
a. Speed of the bullet
b. Size and shape of the bullet 5. Tattooing or smudging in 5. Tattooing absent
c. Character of the missile’s movement in flight near contact fire
6. Protruding underlying 6. Underlying tissues may
2. Nature of the target tissues protrude from wound
a. Density of the target 7. Always present 7. May be absent if missile
b. Length of tissue involvement in its course
is lodged in the body
c. Nature of the media traversed- bullet passing air spaces is
less destructive as air is compressible; traveling in liquid or solid 8. Paraffin test may be 8. Paraffin test always
media may accelerate transmission of force to surrounding positive negative
tissues.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 37
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Entrance Wound (Entrance Defect, Inshoot) Metal fouling- when the surface of the bullet is scraped by the
grooves as it travels the whole length of the barrel, the
Appearance depends on:
scrapings are ejected from the barrel and strikes the target.
-Caliber of the wounding weapon: the higher the caliber the
Loose Contact of Near Fire
greater the size of the wound.
Short Range Fire (1 to 15 cm distance)
-Characteristics inherent to entrance wound. General Rule:
oval or circular with inverted edges except in near shot or Medium Range Fire (more than 15 cm but less than 60 cm)
grazing or slap wound
Fire more than 60 cm distance
-Direction of the fire
How to determine the number of fires made by the offender:
-Shape and composition of the missile- hollow point, dum-dum
1. Determine the number of spent shells
or soft point bullets
2. Determine the entrance wounds in the body of the victim.
-Range: in close range, effects also due to expanded gasses,
flame and solid products of combustion -The number of entrance wounds may not show the exact
number of fire when:
-Kind of weapon: high power, conical bullets vs. hemispherical
bullets • not all the fire made hit the body of the victim
• bullet may have hit hard object causing splitting of
Contact Fire- nature and extent of injury is dependent on the
fragments with separate entrance wounds
force of the bullet, the gas of the muzzle blast and the part of
• bullet may have entered a natural orifice of the body
the body involved.
Questions to physicians in court:
Muzzle imprint (Barrel impression)- when the gun muzzle is
pressed on the body at the time of the fire, the heated muzzle 1) Could the wounds be inflicted by the weapon presented to
during the blast produces an ironing effect on the skin. him?
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 38
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2) At what range was it fired? -Negative result is not conclusive that the person did not fire a
3) What was the direction of the fire? gun as when the handgun is well constructed or the hand has
4) Is it possible that victim returned fire or resisted attack after been subjected to extensive hand washing.
sustaining injury? (capacity to perform volitional acts)
Not self-incriminatory as the act is purely mechanical.
5) What was the relative position of the assailant and the victim
when the shot was fired? THERMAL WOUNDS
Tests for Powder Residues and Primer Components Thermal Burns
-on the skin: dorsum of the hand or site of entrance wound -lesions caused by heat or chemicals to the external or internal
surfaces of the body and includes lesions produced by fire,
-on clothing
radiant heat, solid substances, fire, friction and electricity.
Basis of the Tests:
Medicolegal Implications:
• When the gun is discharged the metallic residues from the
a. Destruction of victim of a criminal act to hide identity and
primer are blown forward towards the target and
manner of death.
backward in the direction of the shooter.
b. Torch murder
• The particles of burned, burning and unburned
c. Insurance fraud
gunpowder moving in the same direction as the metallic
d. Victim may have been trapped in building on fire
residue are also expelled.
• These are deposited on the back of the firing hand of the CLASSIFICATION OF BURNS
shooter or the palm of the victim warding off or grabbing
the weapon at time of discharge. First Degree

Dermal Nitrate Test (Paraffin Test) Second Degree Superficial

-Positive result is not conclusive as to the presence of Second Degree Deep


gunpowder. Positive to nitrogenous compounds.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 39
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Third Degree Factors affecting the effects of burns in the body:


1. Degree of heat applied
BURNS SCALDS 2. Duration of exposure

1. Caused by dry 1. Caused by application of 3. Extent of the surface involved


heat (flame, moist heat (liquid, heat)
4. Portion of the body involved: Burns of head, neck, trunk, and
heated solid or
genital organs are usually serious
radiant heat)
5. Age of the victim
2. Occurs at or 2. Occurs at or below the site of
above the site of application or contact with 6. Sex of the victim
contact of the liquid
flame 7. Infection

3. Singeing of hair 3. Singeing of hair absent 8. Degree of burns


present Proofs that the victim was alive before burned to death:
4. Unclear 4. Boundary distinct 1. Presence of smoke in the passage
boundary between
affected and 2. Increased carboxy-hemoglobin in blood level- in carbon
unaffected area monoxide exposure

5. Clothings 5. Clothings are not usually Cherry-red color of skin


involved burned 3. Redness, edema and vessel formation- presence of vital
reaction in the heated area.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 40
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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In ante-mortem and post-mortem burns and blisters, the 1. Pregnancy is a ground for suspension of the execution of the
principal basis of distinction is the presence or absence of vital death sentence of the woman-convict.
reaction-inflammation, congestion, granulation tissue, the
2. A conceived child is capable of receiving donation.
amount of proteins.
3. A conceived child may exercise civil rights.
Other causes of blisters:
4. Concealment of the woman that she is pregnant at the time
Blister due to putrefaction- fluid is blood-stained with
putrefactive changes in the body of marriage is a ground for annulment of the marriage.
5. May be a ground for a widow’s larger claim for damages.
Blister due to disease- distribution and absence of signs of heat
application Delivery
Blister due to friction- absence of signs of heat application 1. Legitimacy
Heat Rupture- is the splitting of the soft tissues of the body due 2. Abortion
to exposure before or after death to considerable heat.
3. Infanticide
Heat Stiffening- is a condition found in dead bodies which
have been subjected to heat. The heat coagulates the 4. Concealment of birth
proteins in muscle causing stiffness and contraction. The 5. In slander or libel
extremities are flexed and fingers in pugilistic position.
Medical Evidences of Pregnancy:
Pregnancy- commences from the time the egg is fertilized and
terminates at the time the product of conception is expelled or -Presumptive and Probable Signs and Symptoms
delivered. The average duration of pregnancy is 270 to 280
1. Cessation of menstruation
days from the first of the last menstruation.
2. Changes in the breast
Legal Importance:
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 41
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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3. Progressive enlargement of the abdomen Laboratory Test for Pregancy:


After the 3rd month- uterus becomes an extrapelvic organ -Pregnancy Slide Test
4th calendar month- between the symphysis and umbiliacus -Gravindex HCG Slide Test
6th month- at the level of the umbilicus Principle: An agglutination-inhibition reaction to demonstrate
the hormone human chorionic gonadotropin (HCG) which is
4. Changes in the color of the vaginal wall and softening of the
excreted in the urine during pregnancy.
cervix
Interpretation of result: If there is no agglutination
5. Umbilical Suffle- whistling sound synchronous with the fetal
(homogeneous) the urine tested is from a pregnant woman. If
heartbeat
there is agglutination (granular) the urine is from a non-
6. Ballotement pregnant woman. A positive reaction is often possible within 6
days of the missed menstrual period.
7. Braxton-Hick’s sign- rhythmic contraction and relaxation of
the uterus Signs of Pregnancy in the Dead:

B. Positive Signs of Pregnancy Additional Findings:

1. Fetal Heart Sounds- rate of 120 to 140 beats per minute • Presence of fetus
• Unterine changes; thickening, increase in size and
2. Outlining of fetal parts capacity, mark placental attachment
3. Movement of the fetus (quickening) indisputable evidence • Corpus Luteum may be well developed but may
of life observed at the 5th month of pregnancy gradually retrogress.

4. X-ray showing fetal skull and vertebrae- 5th month of Duration of Pregnancy
pregnancy Average: 270 to 280 days from onset of last menstruation.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 42
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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There is no synchrony between coitus and fertilization. -is imaginary pregnancy observed among women nearing
menopause or in younger women who are very desirous of
Abnormally prolonged gestation
having children.
Minimum period of gestation compatible with viability: 180
Diagnosis of Fetal Death:
days
(Presumption: Fetus in the uterus (alive) unless there are
Proofs of previous pregnancy:
evidence to the contrary.)
• Laxity of abdominal wall
-Repeated examination of the uterus shows size has remained
• Presence of striae of pregnancy of the abdominal wall
stationary.
• Perinum is lax, fourchette is markedly retracted
• Only the vestige of hymen is present -Hormonal test for pregnancy is negative on more than one
• Breasts are lax with enlarged nipples occasion.
• Vaginal examination shows previous laceration of the
cervix -Cessation of fetal movement after it has been felt.
-Absence of fetal heart sounds.
SUPERFECUNDATION
-Positive signs: palpation of softened macerated fetal head,
-is fertilization by separate intercourses of two ova released at
freely movable bones, scalp hanging over a loose sac.
the same ovulation.
SUPERFETATION -Breasts cease to enlarge and become soft and flabby.
Menarche- Average: 12 to 14 years of age
-is fertilization of two ova released at different processes of
ovulation. This is possible before the end of the third month of Menopause- Average: 45 years of age
pregnancy
As long as the woman is menstruating, she has the potential
PSEUDOCYSIS OR SPURIOUS PREGNANCY capability of being pregnant.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 43
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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ABORTION 2. Unintentional Abortion


Medical viewpoint: Expulsion of the contents of a gravid uterus 3. Abortion practiced by woman herself or by her parents
anytime before full term.
4. Abortion practiced by a physician or midwife and dispensing
Legal viewpoint: Willful killing of the fetus in the uterus, or violent of abortives
expulsion of the fetus from the maternal womb and which
How Abortion is Induced or Procured
results to the death of fetus (even if the fetus is full-term)
1. By general violence
Kinds of Abortion:
-intentional violence, as exerting strong physical efforts, strong
1. Spontaneous or Natural Abortion
pressure applied on the abdomen
-occurs without any form of inducement or intervention
2. By means of local violence
2. Induced Abortion
-use of douche, injection of fluid into the uterine cavity,
a. Therapeutic Abortion dilatation of the cervix by instrumentation
-done to preserve the life/health of the mother 3. By the use of drugs
b. Criminal Abortion -Emmenagogues- substances which increase the menstrual
flow by direct effect on the uterus or indirectly by increasing
-done without any therapeutic indication but with criminal
bodily tone.
intent
e.g. Ergot, hematinics, puragtives
According to the Revised Penal Code on Abortion:
-Ecbolics- substances which when taken cause death or
1. Intentional Abortion- by a third party with or without the
expulsion of the fetus by stimulation of uterine muscles
consent of the pregnant woman
e.g. Ergot, Quinine
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 44
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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4. By surgical intervention Medical Evidences of Abortion:


-Dilatation and curettage, surgical abdominal route 1. In the living
Complications of Abortion: a. Presence of external signs of violence
b. Examination of the generative tract (external genitalia
1. Immediate Effects: and vagina, cervix, uterus)
a. Shock c. Examination of the instrument used for blood, placental
tissue or fetal parts
b. Hemorrhage d. Signs of previous pregnancy- condition of the breasts,
c. Embolism- air or fat or bacterial laxity of the abdominal wall, lochial discharge, palpability
of the uterus and laceration of the cervix and perineum
d. Infection e. Examination of the expelled product of conception-
marks of instrumentation, signs of physical violence, proof
e. Poisoning
of viability, presence of abortives and other toxic
f. Vagal inhibition materials in fetal blood
f. Testimony of the physician who completed the abortion
g. Perforation of the bladder or adjacent organs or of other witnesses
2. Delayed Effects: 2. In the dead
a. Infection a. Evidence of instrumentation- remnants of placenta in
b. Fistula Formation uterine cavity, perforation of the uterus
b. Examination of stomach and its contents- for
c. Sterility abortifacient drugs
d. Pelvic Adhesions c. Examination of the kidneys and other organs
d. Examination of uterine contents
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 45
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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e. Biological tests- test for paternity, pregnancy test 5. Accidents in the delivery: Abnormal presentation,
f. Evidence of complications of abortion prolonged labor, prolapsed cord
6. Violence- deliberate or accidental
BIRTH
Live Birth- when the child after delivery exhibits signs of vitality
-is the entire delivery of a child with or without its separation
and viability is not necessary.
from the body of the mother. It is not necessary that the cord
should be cut or the placenta expelled. Presumption: Every newborn child found dead was born dead.
Legal Importance: Proofs of Live Birth
-Birth determines personality • Presence of heart action and circulation
• Movement and cry of the child
-Proof of live birth must be shown before death of the child by
• Presence of respiration
the prosecution in the case of infanticide
HYDROSTATIC TEST
-To have a child acquire personality distinct from that of the
mother, there must be proof of life after complete separation -determines whether respiration took place in a newborn child
from the mother’s womb. before death. Based on the principles that the specific gravity
of the lungs becomes less as a result of the introduction of air in
Still Birth- when the child does not show any sign of life after
the air passage and air sacs.
being completely born
4. Changes in the Umbilical Cord:
Causes:
Within 12-24 hours—begins to shrink and dry
1. Immaturity
2. Congenital diseases or malformation 36-48 hours- inflammatory redness of the base of the umbilical
3. General debilitating disease cord
4. Local disease of the generative organ-placental
2nd or 3rd day- shrivels and falls on 5th or 6th day
hemorrhage
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 46
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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10th-12th day- healed cicatrix of the umbilical cord • Fast running vehicle: front portion of care may be
accordioned and steering wheel driven back to
Paternity and Filiation
passenger compartment
Paternity- is the civil status of the father with respect to the child
begotten by him. SIDE IMPACT CRASH
• When a vehicle strikes on the side of another vehicle (as
Filiation- is the civil status of the child relation to its mother or in the street intersection) or when a vehicle skids sideways
father. into a fixed object.
VEHICULAR ACCIDENT
REAR IMPACT CRASH
In Automotive crash: • As in change of lane in express way or crash at the rear
parked vehicle
• FIRST COLLISION: impact of the moving vehicle with • Acceleration-deceleration injury or whiplash injury: with
another or fixed object. The moving vehicle rapidly the impact the head moves backward then moves
decelerates & stops after the impact. forward until the chin strikes the front of chest
• SECOND COLLISION – the impact of the unrestrained
occupants inside the vehicle. Immediately after the first ROLL OVERF CRASH (TURN-TURTLE IMPACT)
collision, the occupants move in the same direction and • While rolling, the occupants may be pinned, crushed or
at the same velocity towards the point of impact. may be thrown away and fall on the ground

FRONT IMPACT CRASH EJECTION OF THE OCCUPANT


• The driver may strike the steering wheel, the hub of the • The primary impact of the vehicle may forcibly open the
steering column, windshield, rear view mirror, the column unlocked door
between windshield and side window or the dashboard
SUICIDAL CRASH
• Usually a single vehicle and single occupant crash.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 47
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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• Head on collision with roadside object, pole or bridge • The leg carrying the body has more tendency to be
support at a high speed fractured. If the victim is standing, both legs may be
• No evidence of effort to apply brake or foot still on fractured
accelerator pedal.
• If the impact is above the center of gravity of the
PEDESTRIAN – VEHICLE COLLISION: pedestrian, the tendency of the body is to move away
• Primary Impact – is the first violent contact between the from the vehicle and fall on the ground.
pedestrian and the motor vehicle.
The severity depends on” • If the brake was applied during or immediately after the
o Position of the victim upon impact crash, the car slows down faster than the movement of
o Speed of the moving vehicle the pedestrian who continues moving forward and lands
o Amount of bodily support on the road.

• If the contact is below the center of gravity, the body • If no brake was applied during the accident and at a
moves backwards to hit the hood, windshield or top of high speed, the pedestrian passes over the top of the
the car. The average height of the bumper is 40 to 60 cms hood, windshield and windshield frame.
from the ground. The most common site of impact is the • Secondary Impact – is the subsequent impact of the
upper portion of the leg (bumper fracture) pedestrian to the ground after the first impact. Injuries
depend on the force of ground impact, nature of the
• If the driver had effectively applied the break before the road and part of the body involved.
impact, contact will be at a lower level due to down
ward dive of the front end of the vehicle immediately • Run Over Injuries – pedestrian, usually a child, receives the
after application of the brake. impact above the center of gravity falling on the ground
with the car wheel passing over the body. Crash fracture,
skid or tire marks, rupture of organs and internal
hemorrhage may result.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 48
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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dangerous situation where subsequent and significant


• Hit and Run Injuries – usually happens when driver is drunk physical injuries are severe requiring medical treatment.
or high, at night time, in an isolated road with no
eyewitnesses. Tire thread marks, abrasion prints or parts of • Physical Neglect – includes the failure to provide the child
vehicle in contact with victim or in crime scene may be with the necessities of life – medical care, nourishment,
submitted to laboratory. clothing, supervision, housing. The failure to provide must
be willful.
• Field Sobriety Tests – refer to standardized tests to initially
assess and determine intoxication, such as the horizontal CAUSES OF CHILD ABUSE OR NEGLECT
gaze nystagmus, the walk-and-turn, the one-leg stand.
1. Unwanted Child
• Alcohol Drunkenness: A person with at least 0.15% alcohol • Husband disputing the paternity of the child
in the blood is considered drunk. Some countries consider • Illegitimacy
it a crime driving with only 0.05% blood alcohol. - Child born of unmarried woman
- Wife committed adultery
CHILD ABUSE - Child was born as a consequence of rape
• Congenital or acquired deformity of the child
Is the physical and mental injury or maltreatment of a child by 2. Abusive Parent
a person who is responsible for the child’s welfare under a. Uncontrollable abuse by psychotic, pervasively angry
circumstances which will indicate that the child’s health or or temperamental parent
welfare is harmed or threatened. The infliction must be willful b. Controllable abuse by compulsive disciplinarian or
and not accidental. impulsive but inadequate parent
3. Child as center of emotional “triangle”
• Physical Abuse – may include the act of physical or
emotional persuasion that places the child in a potentially CLASSIFICATION OF CHILD ABUSER
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 49
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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• Intermittent Child Abuser – parent who does not intend to • In sexual abuse, injuries to the genitalia, perirectal and
hurt the child, but driven by panic or compulsion into perivaginal areas present
abusive behavior • In child neglect: signs of malnutrition, poor hygiene,
infection, poor growth and development
• One-Time Child Abuser – manhandles child once and never
repeats the act. There is more likelihood to repeat the act. Facts to be considered to suspect that a child is a victim of
Abuse:
• Constant Child Abuser – parent who hates the child and
deliberately beats/miscares for it. May have personality • Child is emotional, fearful and with a vague history of
disorder. injury
• Parents present a vague and defensive detail of the
• Ignorant Abuser – most tragic because the parent “mean” child’s “illness” or “injury”
well, but attempts at rearing the child result in permanent • Many previous unexplained signs of injuries or previous
injury or death ] illness
• Parents have extended delay in seeking medical care
Evidence Tending to Show Injuries Due to Abuse:
Every Child deserves a parent…
• Skin imprints from forcefully striking objects – hand, cord, But not every parent deserves a child…
chain
• Multiple bruises and/or scars, particularly on trunk, head SEX CRIMES
and face
• Multiple small burns or emersion burn levels – cigarette, VIRGINITY – condition of a female who has not experienced
iron, boiling water sexual intercourse and whose genital organs have not been
• Multiple fresh healing Fractures altered by carnal connection.
• Trauma to the mouth, nose, ears and eyes
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 50
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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The presumption of a woman’s virginity arises when it is shown


that she is single and continuous until overthrown by proof to Physicians give much attention in the examination of the
the contrary. hymen in the determination of virginity.

Kinds of Virginity Hymenal opening can be oval, circular, infantile, semilunar,


linear cribriform, stellate septate, imperforate.
1. Moral Virginity – the state of not knowing the nature of
sexual life and not having experienced sexual relation. Hymen can be firm, thick or membraneous.

2. Physical Virginity – the state of knowing the nature of Virginity is NOT synonymous with Chastity.
sexual life but not having experienced sexual intercourse.
Defloration – is the laceration or rupture of hymen as a result of
a. True Physical Virginity – when the hymen is intact sexual intercourse. All other lacerations not caused by the
with the edges distinct and regular and opening sexual act are not considered as defloration.
barely admitting the tip of small finger of examiner
The fact that the hymen is intact does not prove absence of
b. False Physical Virginity – when the hymen is previous sexual intercourse and the presence of laceration
unruptured but the orifice is wide and elastic does not prove defloration.
admitting 2 or more fingers of the examiner
1. Evidence from the Victim
3. Demi Virginity – when the woman permits any form of
sexual liberties abstaining from rupturing the hymen by Ø Written consent from the subject guardian
sexual act Ø History of the alleged rape
4. Virgo Intacta – literally refers to a truly virgin woman Ø Date, time and place of alleged commission of rape
without structural changes in her reproductive organs to
infer previous sexual intercourse
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 51
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Ø Date, time, and place of the examination: material to the b. Hair, blood, seminal other stains
determination of the possible findings of the physician on c. Personal belongings of the offender or victim
the victim
SEMEN
Ø Condition of clothing – for laboratory examination
Viscid, albuminous fluid and with faint grayish-yellow color, with
Ø Pertinent physical examination: gait, facial expression and fishy odor and containing spermatozoa, epithelial cells, lecithin
bodily and mental attitude, genitalia and breasts bodies and other substances

Ø Mental state of the victim: mental shock, under the SPERMATOZOON


influence of depressants, alcohol or sex stimulants
- Living organism in the seminal fluid consisting of a head,
Ø Bodily signs of violence to include determination of the neck, and tail.
probable age of the physical injuries - 50 – 55 microns in length; ovoid and flat frontally and
pear-shaped on profile
Ø Examination of the breasts and genitalia for swelling, - Head is 5 microns, tail is long with its ciliary movement
tenderness, contusion, abrasion, laceration, blood, responsible for the forward movement
semen, louse and other foreign bodies
2.5 to 5 cc of semen per ejaculation
2. Examination of the alleged offender 60 million spermatozoa/cc
80% chance motile after 45 minutes
3. Evidence from the companion of the victim 20% or less become abnormal in forms after 3 hours

4. Investigation of the crime scene - In the clothes of the victim and the alleged accused
- Vaginal smear from the victim
a. Disturbances in the place of commission - Stains on the body of the victim and of the accused
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 52
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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- Stains at the site of the commission of the crime SEMINAL GROUPING – specific agglutinable substances A
and B as in blood. Value: A positive result does not definitely
EXAMINATIONS imply that the person is the owner of the semen in question.
A negative result will totally exclude the alleged accused as
1. Cross Examination the possible owner of the semen.

a. Inspection with the naked eye or hand lens The mere presence of spermatozoa on the stain shows the
Stain is graying-white to faint yellow. Map-like presence of spermatic fluid, but the absence of
contour with silvery appearance of the surface. spermatozoa does not prove that the stain is not seminal
Hardened with shiny borders.
b. Inspection by means of ultraviolet light Ø Sperm can live for only a few hours inside the vagina, and
Seminal discharge shows bluish fluorescence even less than outside the human body, exposed to the
open air. If the sperm survives to enter the less hostile
2. Micro-chemical Examination (Specific) environment of the female reproductive tract beyond the
cervix, they can survive for up to five days. The egg,
a. Berberio’s Test – picric acid however, has a life-span of only about a single day from
b. Puramen Reaction – sulfonic acid and flavianic acid the time it leaves the ovary.
c. Acid phosphatase test
Ø In short, fertilization can occur whenever a live sperm
3. Microscopic Examination meets up with a live egg, which can happen even if the
sperm are deposited up to five days in advance of
Ganguli’s Method – stain with erythocin and malachite ovulation.
green

4. Biological Examination
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 53
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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SEXUAL ABNORMALITIES 1. Over Sex


As to the Choice of Sexual Partner: a. Satyriasis- excessive sexual desire of men to intercourse
Heterosexual- sexual desire towards the opposite sex; normal b Nymphomania- excessive desire of women to intercourse
sexual behaviour, socially and medically acceptable.
-expression of compulsive neurosis
1. Homosexual- sexual desire towards the same sex
2. Under-sex (Sexual Frigidity)
a) Overt- conscious of homosexual cravings and makes no
-Sexual anesthesia
attempts to disguise intention
b) Latent -Dyspareunia
2. Infantosexual- sexual desire towards an immature person -Vaginismus
a) Pedophilia- compulsive desire to have sexual intercourse -Old age
with a child of either sex.
_________________________________
3. Bestiality (Zoophilia)- sexual gratification is attained by sexual
intercourse with animals 1. Oralisim- use of the mouth as a way of sexual gratification

4. Autosexual- self-gratification or masturbation • a. Fellatio


• b. Cunnilingus
5. Gerontophilia- sexual desire for elder person • Analism
6. Necrophilia- erotic desire or sexual intercourse with a corpse 2. Sado-Masochism (Algolagnia)- pain or cruel act as factor for
gratification
7. Incest- sexual relation between persons who, by reason of
blood relationship, cannot legally marry • a. Sadism (Active Algolagnia)- infliction of pain on
another is necessary for sexual enjoyment
As to Conscious Strength of Sexual Urge:
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 54
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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• b. Masochism (Passive Algolagnia)- pain is the primary 4. Partialism- sexual deviation wherein a person has special
factor for sexual gratification affinity to certain parts of the female body
3. Fetishism- sexual perversion where the real or fantasized As to Number:
presence of an object or bodily part is necessary for sexual
1. Troilism (Menage a trois’)- sexual perversion where three
stimulation and/or gratification.
persons are participating in sexual orgies.
• a. Anatomic- where parts of the body are the target of
interest for sexual gratification 2. Pluralism- sexual deviation in which a group of persons
participate in sexual orgies.
• b. Clothing-interest on shoes, handkerchief,
undergarments either on sexual partner or stolen ________________________
• c. Necrophilic- desire to be near a dead body and may
or may not violate the dead person for sexual 1. Transvestism- deviation where a male individual derives
gratification pleasure from wearing the female apparel
• d. Odor- stimulus is pleasant or foul odor 2. Transexualism- extreme desire to identify with the opposite
o Urolagnia sex as completely as possible and to discard their anatomical
o Coprolagnia sex
• e. Narcissism- extreme admiration and love one’s self
3. Intersexuality- genetic defect with intermingling of the
As to the Part of the Body: characteristics of both sexes including physical form,
1. Sodomy- sexual act through the anus of another person reproductive organs and sexual behaviour.

2. Uranism- sexual gratification is attained by fingering, • a. Gonadal agenesis- sex organs have never developed
fondling, licking body parts • b. Gonadal dysgenesis- external reproductive organs are
present but testes or ovaries fail to develop
3. Frottage- compulsive desire of a person to rub his sex organ Klinefelter’s Syndrome- XXY chromosome
against some part of the body of another Turner’s Syndrome- XO chromosome
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 55
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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• c. True Hermaphroditism- state of bisexuality, having both • General debilitating disease


ovaries and testicles; Nuclear sex usually female • Local disease of the generative organ-placental
• d. Pseudohermaphroditism- sex organ is anatomically of haemorrhage
one sex but the sex characteristcs are that of the • Accidents in the delivery: abnormal presentation,
opposite sex prolonged labor, prolapsed cord
• Violence- deliberate or accidental
BIRTH
Live Birth- when the child after delivery exhibits signs of vitality
-is the entire delivery of a child with or without its separation
and viability is not necessary
from the body of the mother. It is not necessary that the cord
should be cut or the placenta expelled. Presumption: Every newborn child found dead was born dead.
Legal Importance: ___________________
• Birth determines personality • Presence of heart action and circulation
• Proof of live birth must first be shown before death of the • Movement and cry of the child
child by the prosecution in the case of infanticide • Presence of respiration
To have a child acquire personality distinct from that of the HYDROSTATIC TEST
mother, there must be proof of life after complete separation
-determines whether respiration took place in a newborn child
from the mother’s womb.
before death. Based on the principles that the specific gravity
Still Birth- when the child does not show any sign of life after of the lungs becomes less as a result of the introduction of air in
being completely born the air passages and air sacs.
Causes: 4. Changes in the Umbilical Cord
• Immaturity Within 12-24 hours- begins to shrink and dry
• Congenital diseases or malformation
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 56
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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36-48 hours- inflammatory redness of the base of the umbilical o a. Proofs of previous delivery- should be compatible
cord with the age of the child
o b. Proof of physical potency and fertility
2nd or 3rd day- shrivels and falls on the 5th or 6th day
o c. Proof of capacity to have access with the
10th -12th day- healed cicatrix of the umbilical cord husband
4. Evidences From the Partner

PATERNITY AND FILIATION o Proof of Physical Potency and Fertility

Paternity- is the civil status of the father with respect to the -whether the husband is capable of erection
child begotten by him
-quantitative and qualitative examination of the
Filiation- is the civil status of the child in relation to its mother or spermatozoa in the seminal fluid
father
5. Proof of Access
Evidence of Paternity/Filiation
B. NON-MEDICAL EVIDENCES
A. MEDICAL EVIDENCES
1. Birth record in the Civil Registrar or by an authentic
1. Parental Likeness- general feature, gesture, personal document or a final judgment
peculiarities, gait, speech, movement, color and texture of
2. Continuous possession of the status of a legitimate child
hair, eyes, general built and size
ARTIFICIAL INSEMINATION
2. Blood Grouping Test- a positive result is not conclusive, but a
negative result is conclusive -is the medical procedure by which the semen is introduced
into the vagina by means other than copulation for the
3. Evidences from the Mother
purpose of procreation.
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 57
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Classification according to the source of semen: Gonadotropin is injected into the ovary
1. AIH (Artificial Insemination Homologous)- when the sperm
comes from the husband
Superovulation
2. AID (Artificial Insemination Donor)- when the sperm comes
from a donor other than the husband
Laparoscopy to remove oocytes or ova
3. AIDH (Artificial Insemination Husband Donor)- when the
semen comes from the husband and a third party donor
The physician selects the appropriate donor of semen To Petri dish or test tube with growth medium
Obligations of the physician:
1. Proper screening of the donor including chromosomes for Sperm fertilizes ovum
genetic defects.
2. Ensure that the donor must have blood type compatible with
ABO and Rh genotype of the wife Conceptus kept in moist environment at room temperature

3. Ensure that the identity of the donor is not known to the


parents and vice versa Divides into blastocyst state
4. Conduct complete examination with tests for AIDS, syphilis
and gonorrhoea not more than 1 week before the seminal fluid
is collected Zygote is implanted to the uterus via vagina and cervix
(transplantation)
LEGAL MEDICINE NOTES Tahanlangit, Maxi Dominick D. 58
CAGAMPANG, GUIGAYOMA, NALA, TAHANLANGIT Xavier University-Ateneo de Cagayan
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Carried to term
CLONING
-type of sexual reproduction where the nucleus of a female
egg is removed (enucleation) which contains the genetic
material and replace with the nucleus of a somatic cell of
same or another woman (renucleation)

Placed in a uterus for gestation and normal development

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