By:

JOSEPH D. DAJAY LLB- 2

What is DEATH?
The permanent cessation of all biological functions that sustains a living organism. Loss of LIFE resulting from injury or sickness.
(Labor Code, Art 167, par m.)

it is the injury, disease or the combination of both injury and disease responsible for initiating the trend of physiological disturbance, brief or prolonged, which produce the fatal termination. It may be IMMEDIATE or PROXIMATE

 IMMEDIATE (Primary) CAUSE OF DEATH

This applies to case when trauma or disease kills quickly that there is no opportunity for sequelae or complications to develop. Example: An extensive brain laceration as a result of a vehicular accident.

PROXIMATE (Secondary) CAUSE OF DEATH

The injury or disease was survived for a sufficiently prolonged interval which permitted the development of serious sequelae which actually cause the death. Example: A stab wound in the abdomen which later caused generalized peritonitis, peritonitis is the proximate cause of death.

Hypovolemic Shock Multiple Stab wound

Cardio-Respiratory Arrest Multi-organ Failure Hepatocarcinoma, Stage 4

POST-MORTEM EXAMINATION:
- An external examination of a dead body without incision being made

AUTOPSY : (Official & Unofficial)

- A comprehensive study of a dead body, in addition to the external examination done.

1. 2. 3. 4. 5. 6. 7.

Deaths by violence Accidental Deaths Suicides Sudden death of persons who are in good health Death unattended by physician. D.O.A. with no clinical diagnosis Death occurring in a unnatural manner.

 Determine the cause of Death Recovering, identifying, preserving evidentiary material Provide interpretation and correlation of facts related to death. Provide factual, objective medical report. Separating death due to diseases from external cause
It must further be shown that the death is the direct and proximate consequence of the criminal or negligent act of someone.

To rule out or confirm any possibility of a so-called Foul play.

If death developed independent of an unlawful act, then the person committed the unlawful act cannot be held responsible for the death.

A. NATURAL DEATH
B. VIOLENT DEATH a.) Accidental Death b.) Negligent Death c.) Infanticidal Death d.) Parricide Death e.) Murder f.) Homicidal Death

This is the death caused by a natural disease condition in the body. The disease may develop spontaneously or it might have been a consequence of

physical injury inflicted prior to its development.

If a natural disease developed without the intervention of the felonious act of another person, no one can be held responsible for the death.

Natural death may or may not be associated with violence. Although the history and external findings may show that death is due to natural cause, a complete autopsy must be made to determine exactly the cause of death and exclude the possibility of violent cause.

1. Did the person die of a natural cause and were the physical injuries inflicted immediately after death?
if violence was applied on a dead person, the person inflicting the injury cannot be guilty of murder, homicide, or parricide. The act is considered to be an impossible crime and is penalized as such. In order that it may be considered an impossible crime, the person inflicting injuries must have no knowledge that the victim is already dead at the time of infliction.

Example: A has a grudge and wanted to kill B. One night A entered the bedroom of B and without knowing that B died of heart failure an hour ago, inflicted several stab wounds on B. A cannot be held liable for murder because it is an impossible crime. B was already dead when the stab wounds were inflicted. However the law imposes penalty for such act depending upon the degree of criminality and social danger of the offender. (Art.
59, Revised Penal Code)

2. Was the victim Suffering from a Natural disease and the Violence Only Accelerate the Death?
If the violence inflicted on a person suffering from a natural disease only accelerated the death of the victim, the offender inflicting such violence is responsible for the death of the victim
It is immaterial as to whether the offender has no intention of killing the victim. The fact that the victim died, the offender must be held liable to whatever be the consequence of his wrongful act. (Article 4, par 1, Revised Penal Code)

A gave a blow in the abdomen of B, Unfortunately B died of severe abdominal hemorrhage due to the trauma rupture of the liver which was severely diseased. A is liable for the death of B even if A has no intention to kill B. A must be held liable for the consequences of his felonious act. However he may avail himself of the mitigating circumstance that he had no intention to commit so grave a wrong as that committed ( Art. 13, Revised Penal Code)

 If a person died of natural cause and the physical injuries inflicted is independent of the cause of death, the accused will not be responsible for the death but merely for the physical injuries he had inflicted.
Example: A and B are sweethearts, A at the fit of anger slapped B in the face. B is suffering from severe heart disease. After slapping, B died of heart failure. A cannot beheld liable for the death of B. He may only be held for slight physical injury brought about by the slapping

To make the offender liable for the death of the victim, it must be proven that the death is the natural consequence of the physical injuries inflicted. If the physical injuries is not the proximate cause of death of the victim, then the offender cannot be held liable for such death.

AFFECTION OF THE CENTRAL NERVOUS SYSTEM

A. Cerebral Apoplexy:
- The sudden loss of consciousness followed by paralysis or death due to hemorrhage from thrombosis or embolism in the cerebral vessels. 1. Cerebral Hemorrhage 2. Cerebral Embolism 3. Cerebral Thrombosis

B. Abscess of the Brain C. Meningitis of the Fulminant Type

AFFECTION OF THE CIRCULATORY SYSTEM

A. Occlusion of the Coronary Vessels

The occlusion maybe due to embolism, thrombosis, or stenosis of the coronary opening. The most common cause of sudden death due to natural cause.

B. Fatty or Myocardial Degeneration of the Heart: C. Rupture or the Aneurysm of the Aorta

D. Valvular Heart Disease

E. Rupture of the Heart

AFFECTION OF THE RESPIRATORY SYSTEM

A. Acute edema of the Larynx: - This may develop from acute infection or from swallowing irritant substances. B. C. D. E. F. G. Tumor of the Larynx Diphtheria Edema of the Lungs Pulmonary Embolism Lobar Pneumonia Pulmonary hemorrhage Severe coughing or slight exertion may rupture a normal or diseased pulmonary vessel causing severe hemorrhage.

AFFECTION OF THE GASTRO-INTESTINAL TRACT A. Ruptured Peptic Ulcer B. Acute Intestinal Obstruction

AFFECTION OF THE GENITO-URINARY TRACT A. Acute Strangulated Hernia B. Ruptured Tubal Pregnancy C. Ovarian Cyst with Twisted Pedicle

AFFECTION OF THE GLANDS A. Status Thymico-Lymphaticus B. Acute Hemorrhagic Pancreatitis

SUDDEN DEATH IN YOUNG CHILDREN A. Bronchitis B. Congestion of the Lungs C. Acute Broncho-pneumonia D. Acute Gastro-enteritis E. Convulsion F. Spasm of the Larynx

VIOLENT DEATH
Violent deaths are those due to injuries inflicted in the body by some forms
of outside force. The physical injury must be the proximate cause of death. The death of the victim is presumed to be natural consequence of the physical injuries inflicted, when the following facts are present. 1. That the victim at the time of the physical injuries were inflicted was in normal health. 2. That the death maybe expected from physical injuries inflicted. 3. That death ensued within reasonable time.

CLASSIFICATION OF TRAUMA OR INJURIES

1. 2. 3. 4. 5. 6. 7. Physical Injury Trauma sustained thru the use of physical force. Thermal Injury- Caused by heat or cold. Electrical Injury Injury due to electrical energy. Atmospheric Injury - Those due to change in atmospheric pressure. Chemical Injury Those caused by chemicals Radiation Injury - Those brought about by radiation Infection Those caused by microbial invasion

The accused while hunting saw wild chickens and fired a shot. He heard a human cry and found out that the victim was hit. There was no evidence of the intention of the accused to kill the deceased. HELD: If life is taken by misfortune while the actor is in performance of a lawful act executed with due care and without intention of doing harm, there is no criminal liability. (U.S. vs Tanedo 15 Phil 196)

Example:

A surgeon while performing a laparotomy to arrest bleeding, left a foreign body (forceps or gauze) inside the abdominal cavity and as a result of which the patient died, The surgeon is liable for homicide through reckless imprudence

The defendant fired shot on the ground to pacify a quarrel. The bullet ricocheted and hit a bystander who died there after. HELD: The defendant is guilty of homicide though reckless imprudence. It is apparent that he did not exercise precautionary measures, considering that the place is populated and there is likelihood to hit the bystander. (People v. Nocum, 77 Phil. 101)

- The law does not punish the person committing suicide because society has always considered a person who attempts to ill himself as an unfortunate being, a wretched person deserving more pity than penalty.

NOTE: A person who gives assistance to the commission of suicide of another is punishable because he has no right to destroy or assists in the destruction of the life of another. (Revised Penal Code, Article 253)

Any person who shall kill his father, mother or child, whether legitimate or illegitimate in relation with the offender, or other legitimate ascendants, or descendants or spouse of the offender. (Revised Penal Code,
Article 246)

5. INFANTICIDAL DEATH:
Killing of a child less than three days old. (Article 255, Revised Penal
Code)

6. MURDER
Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: x x x x ( Article 248, Revised Penal Code)

7. HOMICIDAL DEATH:
Any person who, not falling within the provision of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. (Article 249, Revised Penal Code)

PATHOLOGICAL CLASSIFICATION OF THE CAUSES OF DEATH

An analysis of all deaths from natural causes will ultimately lead to the failure of the HEART, LUNGS, and the BRAIN, so the death due to pathological lesions may be classified into. A. Death from Syncope B. Death from Asphyxia C. Death from Coma - All of the above-mentioned conditions invariably produced the so-called Sudden Death . Sudden Death is the termination of life which comes quickly when it is not expected.

DEATH FROM SYNCOPE:

- This is death due to sudden and fatal cessation of the action of the heart with circulation included. - Commonly known as Heart Attack

DEATH FROM ASPHYXIA:

- Asphyxia is a condition in which the supply of oxygen to the blood or to the tissues or to both has been depleted or reduced below normal working level. 1. Diseases of the respiratory system 2. Strangulation, suffocation, hanging, drowning, inhalation of irritant gases. 3. Impaction of foreign bodies in the larynx, such as Choking. 4. Others

DEATH FROM COMA:

Coma is the state of unconsciousness with insensibility of the pupil and conjunctiva, and inability to swallow, resulting from the arrest of the function of the brain.

CAUSES OF COMA:
1. Gross Lesion of the brain 2. Poisons

DEATH WITH NO SPECIFIC FINDINGS Sudden Infant Death Syndrome or Crib Death
- The unexpected death of Infants, usually under six months of age.

Sudden Unexplained Nocturnal Death (SUND)

- This is known aspok-kuri in Japan and Bangungot in the Philippines.

JURISPRUDENCE
CALIMUTAN VS. PEOPLE, GR. No. 152133, February 9, 2006
Person Conducted the Examination CAUSE OF DEATH Procedure Done Dr. Ulanday Municipal Health Officer Cardio-Respiratory Arrest, Due to suspected FOOD POISONING Post-Mortem Examination Suspected Food Poisoning FINDINGS Dr. Mendez- NBI MedicoLegal Expert TRAUMATIC INJURY OF THE ABDOMEN Exhumation and Extensive Autopsy Internal Hemorrhage in the abdominal cavity. Lacerated Spleen

Punishable Crime / Person Liable for Death

NONE / Negligence No person maybe held liable cause of death has no basis

HOMICIDE Accused will be held liable

PEOPLE VS. DE VERA, GR No. 113116, October 30, 1996

Dr. Bautista A Medico- Legal Expert of NBI ASPHYXIA COMPATIBLE WITH STRANGULATION Extensive Autopsy Contused-Abrasions, Congestion under the skin

Person Conducted the Examination CAUSE OF DEATH

The police (Probably the S.O.C.O.) ASPHYXIA BY HANGING Post-Mortem Examination Asphyxia by Hanging Absence of Ligature Marks

Procedure Done

Findings

Possible Crime committed Person Liable for the death

None Considered Suicide

Parricide Accused is Liable

SUICIDAL STRANGULATION vs. HOMICIDAL STRANGULATION

THATS ALL FOLKS, THANK YOU FOR LISTENING!