Legal Medicine the patient is to arrive at a patient is to include those

definite diagnosis so that bodily lesions in his report

- a branch of medicine which deals with the appropriate treatment can and testify
application of medical knowledge to the purposes be before the court or before
of law and in the administration of justice. instituted, an investigative body; thus
- application of basic and clinical, medical and giving
paramedical sciences to elucidate legal matters. justice to whom it is due
- legal medicine, forensic medicine and medical Minor or trivial injuries must record all bodily
jurisprudence are synonymous are usually ignored by an injuries even if they are
- the concept of practice I the Ph. is of Spanish in ordinary clinician small or minor because
origin inasmuch as they do not these injuries may
require usual treatment. be proofs to qualify the
Legal Medicine Forensic Medical crime or to justify the act.
Medicine jurisprudence
Primarily the Concerns with Concerns with
Other Definitions:
application of the application the study of the
medicine to of medical rights, duties
Law
legal eases science to and obligations
- is a rule of conduct, just, obligatory, laid by
elucidate legal of a medical
legitimate power for common observance and
problems practitioner with
benefit. It is a science of moral laws founded on
particular
the rational nature of man which regulates free
reference to
activity for the realization of his individual and
those arising
social ends under the aspect of mutual
from doctor-
demandable independence
patient
relationship
Characteristics of Law:
a. It is a rule of conduct;
Scope of Legal Medicine
b. It is dictated by legitimate power; and
- The scope of legal medicine is quite broad and
c. Compulsory and obligatory to all
encompassing. It is the application of medical
and paramedical sciences as demanded by law
Forms of Law:
and administration of justice.
1. Written or Statutory Law
- This is composed of laws which are produced by
Nature of the Study of Legal Medicine
the country's legislations and which are defined,
codified and incorporated by the law-making
 Knowledge of legal medicine body.
- Ability to acquire facts, the power to arrange - Ex: Laws of the Philippines
those facts in their logical order, and to draw a 2. Unwritten or Common Law
conclusion from the facts which may be useful in - This is composed of the unwritten laws based on
the administration of justice immemorial customs and usages. It is sometimes
referred to as case law, common law,
 Medical Jurist ( medical examiner, medico- jurisprudence or customary law.
legal officer, medico-legal expert) - Ex: Laws of England
- Physician who specializes or is involved
primarily with medico-legal duties Forensic
- It denotes anything belonging to the court of law
Sec. 95, P.D. 856, Code of Sanitation, the following are or used in court or legal proceedings or
authorized by law to perform autopsies: something fitted for legal or public
a. Health officers argumentations
b. Medical officers of law
c. Enforcement agencies Medicine
d. Medical staff of accredited hospital - The term medicine is also applied to a science
and art of diagnosing, treating, curing and
Sec. 2, Art. III, Code of Medical Ethics of the Medical preventing disease, relieving pain, and improving
Profession of the Philippines: the health of a person
"it is the duty of every physician, when called upon by
the judicial authorities, to assist in the administration of Legal
justice on matters which are medico-legal in character" - arising out of, by virtue of or included in law. It
also refers to anything conformable to the letters
or rules of law as it is administered by the court.

Ordinary Physician
Sees injury/ disease on the
point of view of treatment
The purpose of examining
Medical Juris
Sees injury/ disease on the
point of view of cause
in examining a
Jurisprudence
- It is a practical science which investigates the
nature, origin, development and functions of law.
It is a science of giving a wise interpretation of
the law and making just application of them to all
cases as they arise
Principle of Stare Decisis
 - when the court has once laid down a principle of
law or intepretation as applied to a certain state of
facts, it will adhere to and apply to all future
cases where the facts are substantially the same
- principle is one of policy, grounded on the theory
that security and certainty require that accepted
and established legal principles, under which
right may accrue, be recognized and followed,
though later found to be not legally sound, but
whether previous holding of court shall be
adhered to, modified or overruled is within the
court's discretion under the circumstance of the
case before it
Branches of Law Where Legal Medicine may be applied:
1. Civil Law
In civil law, knowledge of legal medicine may be useful on
the following:
a. determination and termination of civil
personality
b. limitation or restriction of a natural
person's capacity to act
c. marriage and legal separation
d. paternity and filiation
e. testimentary capacity of a person making
a will
2. Criminal Law
Legal medicine is applicable in the following provisions of
the penal code:
a. Circumstances affecting criminal liability
b. Crimes against person
c. Crimes against chastity
3. Remedial Law
Legal Medicine may be applied in the following provisions
of the Rules of Court:
a. Physical and mental examination of a person
b. Proceedings for hospitalization of an insane
person
c. Rules on evidences
4. Special Laws:
a. Dangerous Drug
b. Youth and Child Welfare Code
c. Insurance Law
d. Code of Sanitation
e. Labor Code
f. Employee’s Compensation Law
BRIEF HISTORY OF LEGAL MEDICINE
Worldwide Scale:
 Imhotep (2980 B.C.)
- earliest recorded medico-legal expert
- He was the chief physician and architect of King
Zoser of the third dynasty in Egypt and the
builder of the first pyramid.That time was the
first recorded report of a murder trial written on
clay tablet.
 The Code of Hammurabi
- oldest code of law (2200 B.C.) included
legislation on adultery, rape, divorce, incest,
abortion and violence.
 Hippocrates
- discussed the lethality of wounds.
 Aristotle
- fixed animation of fetus at the 40th day after
conception.
 About 300 B.C.
- the Chinese materia medica gave information on
poison including aconite, arsenic and opium
 Hashish
- said to have been used as a narcotic in surgery
about 200 B.C.
 Reign of Numa Pompilius in Rome (600 B.C.)
- That bodies of all women dying during
confinement should immediately be opened in
order to save the child's life was promulgated
 Antistius
- first "police surgeon" or forensic pathologist
- Julius Caesar was murdered and his body was
exposed in the forum and Antistius performed the
autopsy. He found out that Julius Caesar suffered
from twenty-three wounds and only one
penetrated the chest cavity through the space
between the first and second ribs.
 Justinian
- in his Digest, made mention that a physician is
not an ordinary witness and that a physician gives
judgment rather than testimony. This led to the
recognition of expert witness in court
 Constitute Criminalis Carolina
- Where the first textbook in legal medicine was
included, which was promulgated in 1532 during
the reign of Emperor Charles V in Germany.
 Pope Innocent III (1209)
- issued an edict providing for the appointment of
doctors to the courts for the determination of the
nature of wounds.
 Pope Gregory IX
- caused the preparation of Nova Compilatio
Decretalium which concerne medical evidence,
marriage, nullity, impotence, delivery, caesarian
section, legitimacy,sexual offenses, crime against
persons and witchcraft.
 14th century, Pope John XXII
- expressed the need of experts in the ecclesiastical
courts, in the diagnosis of leprosy and many
medico-legal documents
 Hsi Yuan Lu (Instructions to Coroner) was
published
- It is a five volume book dealing with inquest,
criminal abortion, infanticide, signs of death,
assault, suicide, hanging, strangling, drowning,
burning, poisoning and antidotes, and
examination of the dead.
 Ambroise Pare
- considered legal medicine as a separate discipline
and he'discussed in his book, abortion,
infanticide, death by lightning, hanging,
drowning, feign diseases, distinction between
ante-mortem and post-mortem wound and
poisoning by carbon monoxide and by corrosives.
 Paulus Zacchias
- a papal physician, is regarded as the "father of
forensic medicine." He published Questiones
 Medico-legales which dealt with the legal aspects
of wounds and the first two chapter dealt with the
detection of secret homicide
 Severin Pineau
- published in Paris a work on virginity and
defloration. He confirmed the existence of the
hymen and that it may not rupture during sexual
intercourse.
 Orfila
- introduced chemical methods in toxicology. In
his Traite' des Poison, he mentioned mineral,
vegetable and animal poison in relation with
physiology, pathology and legal medicine. He
was considered later as the founder of modern
toxicology.
IN THE PHILIPPINES:
 Manual de Medicina Domestica
- the first medical textbook printed including
pertinent instructions related to medico-legal
practice by Spanish physician, Dr. Rafael Genard
y Mas, Chief Army Physician
 In 1871, teaching of legal medicine, included as
an academic subject in the foundation of the
School of Medicine of the Real y Pontifica
Universidad de Santo Tomas.
 the position of "Medico Titulares" was created
and made in charge of public sanitation and at the
same time medico-legal aid in the administration
of justice
 In 1894, rules regulating the services of those
"Medico Titular y Forences" was published.
 In 1895, medico-legal laboratory was established
in the City of Manila and extended at the same
time its services to the provinces.
 In 1898, American Civil Government preserved
the Spanish forensic medicine system.
 In 1901, Philippine Commission created the
provincial, insular and municipal Board of Health
(Act Nos. 157, 307 and 308) in the Philippines
and assigned to the respective inspectors and
presidents of the same, medico-legal duties of the
"Medico Titulares" of the Spanish regime. The
Philippine Legislature maintained the pre-
existing medico-legal system in full force in the
Administrative Code.
 In 1908, the Philippine Medical School
incorporated the teaching of Legal Medicine, one
hour a week to the fifth year medical students.
 On March 10, 1922,-the Philippine Legislature
enacted Act. No.1043 which became
incorporated in the Administrative Code as
Section 2465 and provided that the Department
of Legal Medicine, University of -the Philippines,
became a branch of the Department of Justice.
 December 10, 1937, Commonwealth Act. No.
181 was passed creating the Division of
Investigation under the Department of Justice.
The Medico-Legal Section was made as an
integral part of the Division with Dr. Gregorio T.
Lantin as the chief.
 March 3, 1939, the Department of Legal
Medicine of the College of Medicine, University
of the Philippines was abolished and its functions
were transferred to the Medico-Legal Section of
the Division of Investigation under the
Department of Justice.
 July 4, 1942, President Jose P. Laurel
consolidated by executive order all the different
law-enforcing agencies and created the Bureau of
Investigation on July 8,1944.
 In 1945 immediately after liberation of the City
of Manila, the Provost Marshal of the United
States Army created the Criminal Investigation
Laboratory with the Office of the Medical
Examiner as an integral part and with Dr.
Mariano Lara as Chief Medical Examiner.
On December 23, 1975, Presidential Decree 856 was
promulgate and Sec. 95 provides:
A. Persons authorized to perform autopsies:
1. Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals
B. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon order of a competent court, a mayor and a
provincialor city fiscal;
3. Upon written request of police authorities,
4. Whenever the Solicitor General, provincial or city
fiscal deem it necessary to disinter and take possession
of the remains for examination to determine the cause
of death;
5. Whenever the nearest kin shall request in writing the
authorities concerned to ascertain the cause of death.
MEDICAL EVIDENCE
Evidence
- the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth
respecting a matter of fact. If the means
employed to prove a fact is medical in nature
then it becomes a medical evidence.
If the means employed to prove a fact is medical in nature
then it becomes a medical evidence.
TYPES OF MEDICAL EVIDENCE
1. Autoptic or Real Evidence
- evidence made known or addressed to the senses
of the court. It is not limited to that which is
known through the sense of vision but is
extended to what the sense of hearing, taste,
smell and touch is perceived.
Limitations to the Presentation of Autoptic Evidence:
a. Indecency and Impropriety
- Presentation of an evidence may be necessary to
serve the best interest of justice but the notion of
decency and delicacy may cause inhibition of its
presentation
- Ex. The court may not allow exposure of the
genitalia of an alleged victim of sexual offense to
show the presence and degree of the genital and
extra-genital injuries suffered by the victim.
There are other ways for the court to know the
facts other than actual exhibition.
b. Repulsive Objects and those Offensive to
Sensibilities