Legal Medicine Reviewer-LECTURE-1-7

THE WOMEN OF ALEITHEIA
LECTURE 1
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
Rules of Court, Rule 138 5
Sec. 5. Additional requirements for other applicants. - xxx No applicant

shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized
by the government: civil law, commercial law, remedial law, criminal law,
public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics.
Application of Medicine to Law
CIVIL LAW
determination of civil personality (NCC, art 40,41,42)
limitation of persons capacity to act (NCC, article 38, 39)
marriage and legal separation - psychological incapacity
paternity and filiation
testamentary capacity of a person making a will

CRIMINAL LAW
Circumstances affecting criminal liability (insanity)
Crimes against persons
Crimes against chastity
Dangerous Drugs Act
VAWC
REMEDIAL LAW
Physical and mental examination of the person (rule 28)
Proceeding for hospitalization of an insane person (rule 101)
DNA evidence
OTHER APPLICATIONS
Labor Law Employees Compensation
Insurance Law
Special laws Juvenile Justice Act, Code of Sanitation
Capacity to Enter Contracts
Regulation of Professions Medicine and Allied Medical Sciences
Licensing of Hospitals
Duties imposed by law on Health Care providers
Health Insurance
Health related Laws

Application of Law to Medicine
Medical Negligence
Hospital Liability
Health Maintenance Organizations
Medical Privacy
Rights of Patients
Medical Records
Scope of the Course
Legal Medicine
Medical Jurisprudence
Forensic Science
Forensic Medicine
Forensic Medicine Ivy Patdu, M.D., J.D.
Legal Medicine
Branch of medicine which deals with the application of medical knowledge to

the purpose of law and in the administration of justice (Solis, Legal
medicine p. 1)
Application of Medicine to Law

Medical Jurisprudence
Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)
Application of Law to Medicine

Forensic Science
Application of a broad range of scientific disciplines to public or legal

concerns
Forensic Medicine
Forensic Medicine branch of medicine that deals with use of medical

knowledge to elucidate legal problems; sometimes it is used synonymously
with Legal Medicine.
Forensic Medicine
Clinical Forensic Medicine
Forensic Pathology
Forensic Psychiatry
Clinical Forensic Medicine
Clinical Forensic Medicine branch of medicine that deals specifically with

cases involving both legal and medical aspects of patient care.
Examples: Request for Physical Examination of person in custody, Aging of

Wounds to determine if consistent with Alleged date of infliction
Forensic Pathology
Forensic pathology subspecialty of pathology that focuses on medico-legal

death investigation; for death under suspicious circumstances, medico-legal
officer can conduct an autopsy
Autopsy
Code on Sanitation, P.D. 856 95 (1975)
Person authorized to perform Autopsies:

1. Health officers;
2. Medical officers of law enforcement agencies; and
3. Members of the medical staff of accredited hospitals.
Autopsy
Autopsies shall be performed in the following cases:

1. Whenever required by special laws
2. By Order of Court or Fiscal
3. Upon written request of police authorities
4. Whenever the Solicitor General, provincial or city fiscal as
authorized by existing laws, shall deem it necessary to disinter and
take possession of remains for examination to determine the cause
of death
5. Whenever the nearest kin shall Request in writing by nearest of kin
the to ascertain the cause of death
Maya Julieta R. Catacutan-Estabillo 2016
Autopsy
Autopsies may be performed on patients who die in accredited hospitals

subject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death
of the deceased and request permission to perform an autopsy.
2. Autopsy can be performed when the permission is granted or no
objection is raised to such autopsy within 48 hours after death.
3. In cases where the deceased has no next of kin, the permission
shall be secured from the local health authority.
Behavioral Science
Forensic Psychiatry use of psychiatric evaluation and knowledge on

human behavior to elucidate legal problems, provision of therapeutic
services
Forensic Psychology use of knowledge of the behavioral science for

assessment of criminal behavior, provision of therapeutic services provided
to individuals in forensic settings
Application: Determination of Age, Capacity to Act and competence,

Circumstances that modify criminal liability, Drug abuse, mental
illness, suicide, sexual deviance, Support for Victims of Sexual
Assault, Violence or Abuse, Criminal Profiling
Forensic Science
Forensic Entomology application of knowledge about insects, insect

identification; knowledge of their developmental and reproductive stages to
deal with legal problems such as time of death, and reconstruction of crime
scene.
Forensic Odontology the application odontology to legal problems such

as identification of human remains, and analysis of bitemarks
Forensic Anthropology discipline concerned with study of skeletonized

human remains as they apply to identification, determination of age, sex,
presence of trauma or disease, includes both anthropology and archaeology.
Anthropology is the study of humans, their cultures, and their biology.
Forensic Toxicology discipline that concerns itself with a study on drugs

and metabolites in biological fluids with application in medico-legal cases;
study of poisons and the different types of poisoning.
Forensic Chemistry scientific examination and identification of physical

evidence such as blood and seminal fluids, gunpowder residues, explosives,
hairs and fibers, tool marks, glass fragments/fractures, paints and soil
DNA Analysis use of DNA to elucidate legal problems

including identification of body fluids, stains, and determination
of species.
Forensic instrumentation - analytical chemistry such as spectroscopy

(how a material absorbs light comparison of paint chips, textile fibers),
chromatography(techniques to separate mixtures of solids or liquids into
individual components for analysis of drugs, explosive residues) and
microscopy as applied to forensic examinations.
Forensic Computer Science the application of knowledge on computers

and technology to elucidate legal problems such as recovery and analysis of
digital evidence, documentation and interpretation of computer data, and
other legal issues involving use of computer or networks as a tool or target
in the commission of the crime.
Questioned Document Examination study of all types of questioned

documents including handwriting analysis, examination of signatures, study
of document alterations of obliterations and examination of counterfeit bills
Forensic Photography documentation of crime scene and physical
evidence
Dactyloscopy study of fingerprint principles in criminal investigation
Polygraphy specific detection of deception in relation to criminal
investigation.
Presidential Decree No. 1575 requires practitioners of dentistry to keep
and maintain an accurate and complete record of the dentition of all their
patients.
Upon the lapse of ten years from the last entry, dental practitioners shall
turn over the dental records of their patients to the National Bureau of
Investigation for record purposes
History
Hippocrates (460-355 BC) discussed lethality of wounds
Antistius he is the forensic pathologist who performed an autopsy on

Julius Cesar (100-44 BC) and found out that Julius Cesar suffered from 23
wounds, only one penetrated the chest cavity through the space between
the first and second ribs.
Song Ci Father of forensic medicine. He published a 5 volume book on

forensic medicine that was useful reference for the Justice bureaucracy, His
Yuan Lu (Instructions to Coroner), included topics like abortion, infanticide,
drowning, poisoning, examination of dead
Forensics in the Philippines
1858 - first medical textbook related to medico-legal practice by Spanish

Physician Dr. Rafael Genard y Mas
1871 - Legal Medicine was included as a subject in the School of Medicine

of Real y Pontifica Universidad de Santo Tomas
1895 Medico-legal laboratory was established in the City of Manila
December 10, 1937 Commonwealth Act No. 181 was passed creating the
Division of Investigation under the Department of Justice. Medico-Legal
Section was an integral part and Dr. Gregorio Lantin was chief
June 19, 1947 Republic Act No. 157 created the Bureau of
Investigation
June 18, 1949 Republic Act 409 creation of the Office of the
Medical Examiners and Criminal Investigation Laboratory under the
Police Department of the City of Manila
READ: Solis, Legal Medicine, 6-11 (1988)
Modern
Forensics
Before, criminal investigation relied on fingerprints and eyewitness
Trace evidence
DNA Evidence
Improved Database
Fingerprint database in the Philippines
Fingerprint database mostly those with criminal records
Half a million prints in database
39M unclassified fingerprint cards
Automated Fingerprint Identification System or (AFIS) - which can

process 40,000 prints a minute
Forensics in the Philippines
Major agencies of government concerned with forensic investigations:

1. National Bureau of Investigation Taft Avenue, Manila
2. Philippine National Police Camp Crame, Quezon City- Scene of
the Crime Operation (SOCO Units)
3. Local Crime Laboratories
Resources usually go to analysis of drugs and DNA

Crime Laboratory
1. Physical Science Unit analysis of object evidence at crime scene
2. Biology Unit analysis of trace evidence (blood, fibers, DNA)
3. Firearms Unit analysis of ballistics
4. Document Examination Unit handwriting analysis
5. Photography Unit documentation
6. Others: toxicology unit (biological fluids), fingerprint, polygraph, evidencecollection
NBI Technical Divisions
Behavioral Science Division
Dactyloscopy Division
Electronic Data Processing Division
Firearms Investigation Division
Forensic Chemistry Division
Identification and Records Division
Medico-Legal Division
Photography and Publication Division
Polygraph Division
Questioned Documents Division

PNP Frontline Services
Autopsy (P1200)
Histopathological Examination (P1000)
DNA Examination (P20,000 per specimen)
Drug Test (P400)
Examination of Altered or Erased Documents, Counterfeit bills (P2000)

PNP Frontline Services
Handwriting (P3500)
Signature Examination (P2000)
Polygraph Examination (P600)
Semen Determination (P500)
Serology Examination (P500)
Virginity Determination (P100)
Senate Bill No. 1868 - seeks to establish and provide funding for a
Forensic Science Institute in the University of the Philippines system to
provide competent, scientific and modern technical services for the
detection and investigation of crimes.
Technical Group already working on curriculum for a B.S. Forensic Science
under CHED
LECTURE 2
MEDICAL SCIENCE AND THE LAW
When is a Person considered born?
Art. 40. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born
later with the conditions specified in the following article.
Art. 41. For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete delivery from the
maternal womb.
What is the Intrauterine Life?
A conceived child shall be considered born for all purposes favorable to it

provided that:
a. Delivered alive INTRAUTERINE LIFE of 7 months or older (7m,
>7m)
b. Delivered alive at less than 7 months, does NOT die within 24 hours
(<7m)
Whether an infant survives for 24 hours is a determination made in the

hospitals or by someone who attends to a woman during childbirth. In very
rare instance, some newborn babies would appear dead but are in fact still
alive.
Lazarus syndrome autoresuscitation after failed cardiopulmonary

resuscitation
Gestational Age
The law assumes that a baby born at 7 months would survive.
In the Philippine General Hospital a baby born at 27 weeks survived
In the United States A baby named Amillia Taylor was born at 21 weeks
and 6 days weighing only 283 grams (2006)
Counted from first day of last menstruation of mother
May also be based on early ultrasound
From first day of last menstruation expected date of delivery will be from
38 to 42 weeks
Continental Steel Manufacturing Corporation vs. Montao, 603 SCRA

621(2009)
Hortillanos wife, Marife V. Hortillano, had a premature delivery on 5

January 2006 while she was in the 38th week of pregnancy.
According to the Certificate of Fetal Death dated 7 January 2006,
the female fetus died during labor due to fetal Anoxia secondary to
uteroplacental insufficiency.
Continental Steel immediately granted Hortillanos claim for

paternity leave but denied his claims for bereavement leave and
other death benefits, consisting of the death and accident insurance.
We emphasize that bereavement leave and other death benefits are

granted to an employee to give aid to, and if possible, lessen the
grief of, the said employee and his family who suffered the loss of a
loved one. It cannot be said that the parents grief and sense of
loss arising from the death of their unborn child, who, in this case,
had a gestational life of 38-39 weeks but died during delivery, is
any less than that of parents whose child was born alive but died
subsequently.
Abortion
Medical Definition
Abortion products of conception expelled at 20 weeks or less (24

weeks)
Fetal death in utero More than 20 weeks or weighs 500g or

more
Usual Causes of Abortion: infection, nutrition, anatomic abnormalities,

alcohol and tobacco, chromosomal abnormalities of fetus
Criminal Law Definition considers viability or capability of independent

existence
RPC arts. 256, 257, 258, 259
Intentional Abortion
Unintentional abortion
Abortion practiced by the woman herself of by her parents
Abortion practiced by a physician or midwife and dispensing of

abortives
Intentional Abortion
1. use of any violence upon the person of the pregnant woman.
Abortion caused by trauma - as a rule, caused by event/trauma

that occurred weeks before (more fatal in later stages of
pregnancy)
In later stages, a fetus might die because of Uterine rupture,

Placental Abruption
2. without using violence
could be drugs
ex. morning after pills not legal, alter hormone levels to

prevent implantation
Unintentional Abortion
Art. 257. Unintentional abortion. xxx any person who shall cause an
abortion by violence, but unintentionally.
Abortion practiced by a physician or midwife taking advantage of

their scientific knowledge or skill, shall cause an abortion or assist
in causing the same.
Dispensing of abortive by pharmacist without prescription

Ex. Cytotec (misoprostol) for ulcer
Infanticide
Art. 255. Infanticide. The penalty provided for parricide in Article 246
and for murder in Article 248 shall be imposed upon any person who shall
kill any child less than three days of age. Xxx
Problem:
A man came home to his 6-month pregnant wife. He then stabbed her 14
times. The neighbors who heard the commotion went into the house just as
the man rushed out. They saw the bloodied body of the dead wife and a
dead baby apparently delivered from the mothers womb. What crimes were
committed?
Capacity to Act
NCC, Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity to act, and
do not exempt the incapacitated person from certain obligations, as when
the latter arise from his acts or from property relations, such as
easements. (32a)
Art. 39. The following circumstances, among others, modify or limit capacity
to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence, insolvency and trusteeship.
The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited
on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of
civil life, except in cases specified by law. (n)
Sex
SEX OF A CHILD
Genetic
Appearance
Republic vs. Cagandahan, 565 SCRA 72(2008)
Jennifer Cagandahan was diagnosed of having Congenital Adrenal

Hyperplasia (CAH), and she filed a petition at RTC Laguna for
Correction of Entries in her Birth Certificate such that her gender or
sex be changed to male and her first name be changed to Jeff.
The Court considered the compassionate calls for recognition of the

various degrees of intersex as variations which should not be
subject to outright denial. SC is of the view that where the person
is biologically or naturally intersex the determining factor in his
gender classification would be what the individual, having reached
the age of majority, with good reason thinks of his/her sex. As in
this case, respondent, thinks of himself as a male and considering
that his body produces high levels of male hormones, there is
preponderant biological support for considering him as being a male.
Sexual development in cases of intersex persons makes the gender
classification at birth inconclusive. It is at maturity that the gender
of such persons, like respondent, is fixed.
Age
R.A. 9344, SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen

(15) years of age or under at the time of the commission of the offense shall
be exempt from criminal liability.
Sec. 7. xxx The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the
child himself/herself, testimonies of other persons, the physical appearance
of the child and other relevant evidence. xxx
*OLD AGE over 70 years old mitigating circumstance
Imbecility
Wechsler IQ test ratings identify those as imbeciles who suffer moderate

mental retardation.
Idiot 2 years old, profound Mental Retardation IQ below 20
Imbecile 2-7 years old, moderate to severe mental retardation IQ 2049
Moron 7-12 years old, Mild mental retardation -- IQ 50-69

Terms used:
idiot, imbecile, moron mild retardation, moderate retardation,

severe retardation, and profound retardation intellectual
disability
Intellectual disability may be assessed by psychologists and
psychiatrists
Causes: Trauma to head, genetics (Down Syndrome), Infections
(Meningitis), Lead poisoning or exposure to toxic substances
Deaf-Mute
Hearing tests, Examination by an ENT
People vs. Parazo, 310 SCRA 146(1999)
Marlon Parazo was charged with rape and frustrated homicide.

Based on the foregoing, it appears that the problem of appellant
Marlon Parazo is the severe hearing defect or deafness. The
presence of an organic disorder cannot be determined because of
the latters inability to communicate. However, some degree of
mental retardation was gathered with the use of Paper and Pencil
Test. His mental age is seven (7) years and nine (9) months. His
Intelligence Quotient (IQ) is 60.
The absence of a qualified interpreter in sign language and of any

other means, whether in writing or otherwise, to inform the accused
of the charges against him denied the accused his fundamental
right to due process of law.
INSANITY
Insanity a person with a psychiatric condition is considered insane,

usually those who suffer hallucinations, delusions, disordered thinking
Lucid intervals usually, those with a psychiatric condition, controlled by

medication, or therapy would think clearly
Ex. Schizophrenia (medical criteria)
Schizophrenia typically begin between adolescence and early adulthood

for males and a few years later for females, and usually as a result of a
stressful period (such as beginning college or starting a first full time job).
delusions and hallucinations, disorganized behavior and/or speech, flattening

or inappropriate affect
Bipolar I disorder
Manifestations:
1. at least one manic episode a person must have at least one manic
episode (Mania intense high, euphoria, feels indestructible,
elevated self-esteem, talkative)
2. Depression develops as mania fades, consequences of activities
becomes apparent
Developmental disorders include autism and mental retardation, disorders

which are typically first evident in childhood
Personality disorders are clinical syndromes which have a more long lasting
symptoms and encompass the individual's way of interacting with the
world. They include Paranoid, Antisocial, and Borderline Personality
Disorders.
Psychological Incapacity
the intention of the law to confine the application of Article 36 to the most
serious cases of personality disorders, clearly demonstrative of an utter
insensitivity or inability to give meaning and significance to the marriage;
that the psychological illness that must have afflicted a party at the inception
of the marriage should be a malady so grave and permanent as to deprive
one of awareness of the duties and responsibilities of the matrimonial bond
he or she is about to assume. Suazo vs. Suazo, 615 SCRA 154(2010)
Jocelyn and Angelito were 16 years old when they first met in June
1985. After months of courtship, Jocelyn went to Manila with
Angelito and some friends. Having been gone for 3 days, their
parents sought Jocelyn and Angelito and after finding them,
brought them back to Bian, Laguna. Soon thereafter, Jocelyn and
Angelitos marriage was arranged and they were married on March
3, 1986. Without any means to support themselves, Jocelyn and
Angelito lived with Angelitos parents after their marriage. They
had by this time stopped schooling. Jocelyn took odd jobs and
worked for Angelitos relatives as household help. Angelito, on the
other hand, refused to work and was most of the time drunk.
Jocelyn urged Angelito to find work and violent quarrels often
resulted because of Jocelyns efforts.
the intention of the law to confine the application of Article

36 to the most serious cases of personality disorders, clearly
demonstrative of an utter insensitivity or inability to give
meaning and significance to the marriage; that the
psychological illness that must have afflicted a party at the
inception of the marriage should be a malady so grave and
permanent as to deprive one of awareness of the duties and
responsibilities of the matrimonial bond he or she is about to
assume.
It is not enough that the respondent, alleged to be psychologically

incapacitated, had difficulty in complying with his marital
obligations, or was unwilling to perform these obligations. Proof of
a natal or supervening disabling factor an adverse integral
element in the respondents personality structure that effectively
incapacitated him from complying with his essential marital
obligations must be shown.
Mere difficulty, refusal or neglect in the performance of marital

obligations or ill will on the part of the spouse is different from
incapacity rooted in some debilitating psychological condition or
illness; irreconcilable differences, sexual infidelity or perversion,
emotional immaturity and irresponsibility and the like, do not by
themselves warrant a finding of psychological incapacity under
Article 36, as the same may only be due to a persons refusal or
unwillingness to assume the essential obligations of marriage.
1. Pathological Lying (Magical Thinking) Antonio vs. Reyes, 484
SCRA 353, March 10, 2006
Leonilo Antonio, 26 years of age, and Marie Ivonne Reyes, 36

years of age met in 1989. Barely a year after their first
meeting, they got married at Manila City Hall and then a
subsequent church wedding at Pasig in December 1990.
Reyes persistently lied about herself, the people around her,

her occupation, income, educational attainment and other
2.
events or things. She even did not conceal bearing an

illegitimate child, which she represented to her husband as
adopted child of their family.
Maries fantastic ability to invent, fabricate stories and letters

of fictitious characters enabled her to live in a world of makebelieve that made her psychologically incapacitated as it
rendered her incapable of giving meaning and significance to
her marriage. The root causes of Reyes psychological
incapacity have been medically or clinically identified that was
sufficiently proven by experts.
The gravity of respondents psychological incapacity was

considered so grave that a restrictive clause was appended to
the sentence of nullity prohibited by the National Appellate
Matrimonial Tribunal from contracting marriage without their
consent. It would be difficult for an inveterate pathological liar
to commit the basic tenets of relationship between spouses
based on love, trust and respect.
Constant nonfulfillment, senseless and protracted refusal to
have sexual intercourse Chi Ming Tsoi vs. Court of Appeals, 266
SCRA 324(1997)
Sometime on May 22, 1988, the plaintiff married the

defendant at the Manila Cathedral. They slept together in the
same room and on the same bed since May 22, 1988 until
March 15, 1989. But during this period, there was no attempt
of sexual intercourse between them. She claims, that she did
not: even see her husband's private parts nor did he see hers.
She remains a virgin.
Dr. Alteza said, that the defendant had only a soft erection
which is why his penis is not in its full length. But, still is
capable of further erection, in that with his soft erection, the
defendant is capable of having sexual intercourse with a
woman.
Evidently, one of the essential marital obligations under the

Family Code is "To procreate children based on the universal
principle that procreation of children through sexual
cooperation is the basic end of marriage." Constant nonfulfillment of this obligation will finally destroy the integrity or
wholeness of the marriage. In the case at bar, the senseless
and protracted refusal of one of the parties to fulfill the above
marital obligation is equivalent to psychological incapacity.
No Temporary Insanity
People vs. Aquino, 322 SCRA 769(2000)
Edgardo Aquino appeals his conviction for murder of Esmeralda

Lampera.
Neither are we persuaded by EDGARDOs plea of temporary

insanity. As the OSG aptly stated, temporary insanity is not
recognized in this jurisdiction. Insanity, under Article 12 of the
Revised Penal Code, connotes that the accused must have been
deprived completely of reason and freedom of the will at the time of
the commission of the crime, or that he must have acted without
the least discernment. Mere abnormality of the accuseds mental
faculties does not exclude imputability.
BWS
Insanity Mentioned in Law
Competency to stand Trial
Exempting Circumstance
Death convict who becomes insane after his final conviction cannot be
executed while in a state of insanity
Violent insanity shall be considered legal grounds for the detention of any
person
Raises penalty for rape, serious physical injuries, if victim becomes insane;
rape if victim is insane
Ground for annulment
Capacity to give consent to contract [Unsound Mind]
Detention by reason of insanity or imbecility is not considered a penalty
CRIMINAL INSANITY individuals make-up at the time of the offending

act was such that, with respect to criminality of his conduct, he substantially
lacked capacity to act rationally
* ignorance lack of understanding
* compulsion irresistible impulse
Legal standards for criminal insanity do not match the psychiatric diagnostic
criteria
R.A. 9262, Sec. 3(c)"Battered Woman Syndrome" refers to a scientifically

defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
Sec. 26 xxx In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the commission of
the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
Battered Woman Syndrome - three phases:
(1) the tension-building phase - minor batterings in the form of
verbal or slight physical abuse; woman tries to pacify the batterer
through a show of kind, nurturing behavior; or by simply staying
out of his way;
(2) the acute battering incident phase - characterized by brutality,
destructiveness and sometimes, death. The battered woman
realizes that she cannot reason with him and that resistance would
only exacerbate her condition; and
(3) the tranquil period, where the couple experience a compound
relief and the batterer may show a tender and nurturing behavior
towards his partner
People vs. Genosa, 419 SCRA 537(2004)
Marivic Genosa shot her husband dead while he was asleep. She
said she was frightened that her husband would hurt her and she
wanted to make sure she would deliver her baby safely. In fact, she
had to be admitted later at the Rizal Medical Centre as she was
suffering from eclampsia and hypertension, and the baby was born
prematurely on December 1, 1995. The Appellant after being
interviewed by specialists, has been shown to be suffering from
Battered Woman Syndrome.
The Court, however, is not discounting the possibility of selfdefense arising from the battered woman syndrome. We now sum
up our main points. First, each of the phases of the cycle of
violence must be proven to have characterized at least two
battering episodes between the appellant and her intimate partner.

Second, the final acute battering episode preceding the killing of
the batterer must have produced in the battered persons mind an
actual fear of an imminent harm from her batterer and an honest
belief that she needed to use force in order to save her life. Third,
at the time of the killing, the batterer must have posed probable -not necessarily immediate and actual -- grave harm to the accused,
based on the history of violence perpetrated by the former against
the latter. Taken altogether, these circumstances could satisfy the
requisites of self-defense. Under the existing facts of the present
case, however, not all of these elements were duly established.
Genosa was not able to avail of the BWS defense because R.A.
9262 was not yet in existence at that time.
The Unsound Mind
Insanity or Imbecility cannot give consent to a contract
Unsound mind does not have testamentary capacity
Civil Code, Art. 799. To be of sound mind, it is not necessary that the
testator be in full possession of all his reasoning faculties, or that his mind
be wholly unbroken, unimpaired, or unshattered by disease, injury or other
cause.
It shall be sufficient if the testator was able at the time of making the will to
know the nature of the estate to be disposed of, the proper objects of his
bounty, and the character of the testamentary act.
Diseases that could Affect Soundness of Mind
Multiple sclerosis
Psychiatric Conditions: severe depression, bipolar disorder, schizophrenia
Alzheimers disease
Stroke, cerebrovascular diseases
Metabolic disorders
Hepatic encephalopathy - the occurrence of confusion, altered level of

consciousness, and coma as a result of liver failure. In the advanced stages
it is called hepatic coma or coma hepaticum. It is caused by accumulation in
the bloodstream of toxic substances that are normally removed by the liver.
Meningitis
Filiation
Family Code, art. 164
Children conceived as a result of artificial insemination of the wife

with the sperm of the husband or that of a donor or both are
likewise legitimate children of the husband and his wife, provided,
that both of them authorized or ratified such insemination in a
written instrument executed and signed by them before the birth of
the child.
Artificial Insemination sperm is placed in reproductive tract of female
In Vitro Fertilization test tube baby
Art. 166. Legitimacy of a child may be impugned only on the following

grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual

intercourse with his wife;
(b) the fact that the husband and wife were living separately
in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented
sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the
instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination,
the written authorization or ratification of either parent was
obtained through mistake, fraud, violence, intimidation, or undue
influence.
Physical causes impotence
Serious illness diseases that prevent a man from achieving/sustaining an
erection
Biological/Scientific Reasons DNA, Genetics
Impotence is the inability of a person to perform sexual intercourse.
[erectile dysfunction]
Sterility is the inability of the male to beget children [abnormal sperm, low
sperm count]
Infertility is the inability of female to bear children
Physical Causes
What can cause impotence?
Erectile Dysfunction
Medication: Antidepressants and other psychiatric medications
High blood pressure drugs
Chemotherapy
High Level Painkillers (Morphine, Fentanyl)
Recreational Drugs
Serious
Illness
high blood (because of medications)
diabetes (due to blood vessel and nerve damage)
heart failure
Biological/Scientific Evidence
Rule on DNA Evidence 9(c) - DNA results that exclude the putative parent
from paternity shall be conclusive proof of non-paternity. If the value of the
Probability of Paternity is less than 99.9%, the results of the DNA testing
shall be considered as corroborative evidence. If the value of the Probability
of Paternity is 99.9% or higher, there shall be a disputable presumption of
paternity.
DNA paternity testing probability must be 99.9% (disputable presumption

satisfactory unless contradicted by other evidence)
Blood type
a. Type O + Type O = Type O
b. Type A + Type O = Type A, O
c. Type A + Type B = Type A, B, AB, O
Physical Characteristics
Marriage
FAMILY CODE ART. 45: ANNULLMENT
(2) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband and
wife;
(5) That either party was physically incapable of consummating the

marriage with the other, and such incapacity continues and appears
to be incurable; or
(6) That either party was afflicted with a sexually-transmissible

disease found to be serious and appears to be incurable.
FAMILY CODE ART. 46: FRAUD AS GROUND FOR ANNULMENT
(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its

nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or

homosexuality or lesbianism existing at the time of the marriage.
STD Curable, Incurable
INCURABLE
AIDS HIV
*Condom less risky sex
Herpes - painful, ulcerative blisters or sores on the genitals in both

men and women
CURABLE
Syphilis painless
Chancre if untreated can cause blindness, numbness, nerve

damage
Gonorrhea - burning sensation when urinating; white, yellow, or

green discharge from the penis; increased vaginal discharge, or
vaginal bleeding between periods.
Chlamydia
ALCOHOLISM
Alcoholism it is a condition characterized by a compulsion to drink,

dependence on alcohol, prolonged use affects the brain
Treatment- Detoxification, Control of Withdrawal Symptoms,

Psychological Support
Two "yes" responses indicate that the respondent should be

investigated further. The questionnaire asks the following
questions:
Have you ever felt you needed to Cut down on your

drinking?
Have people Annoyed you by criticizing your drinking?
Have you ever felt Guilty about drinking?
Have you ever felt you needed a drink first thing in the
morning (Eye-opener) to steady your nerves or to get rid
of a hangover?
Drug Addiction severe compulsion to seek and take drugs; has serious
physical, mental and social consequences
- detoxification, psychological treatment, social support
LECTURE 3
CRIME SCENE INVESTIGATION
Criminal Investigation
Criminal Investigation is a process where authorized persons, usually part

of the law enforcement agency, determines if a violation of the law has been
committed, including who is responsible and who has been victimized,
through the discovery, collection, processing and reporting of all forms of
evidence
Crime Scene Investigation is a component of criminal investigation and

refers to the complete process of obtaining evidence and relevant
information in an area where a violation of law is supposedly committed
Overview of Crime Scene Investigation
1. Securing and initial management of the Crime Scene
2. Documentation
3. Walk Through and Crime Scene Search
4. Obtaining and Processing Evidence
Locards principle of exchange objects that come in contact with each other
always transfer material to each other. In attempting to identify an individual, crime
scene investigators work with the notion that in nature no two individuals are
identical and as individuals we are all unique.
Questions that must be kept in mind by the investigator
Has a crime been committed?
Consider what crime, and what evidence would be relevant
Try to obtain information related to what, when and how a crime

was committed
Who may have committed the crime?
Crime Scene investigators should watch out for evidence that may
point to the identity of the perpetrator of the crime
Who is the victim?
Evidence that may provide information about the victim, his or her
identity, lifestyle, and personal circumstance are relevant
Why was the crime committed?
The investigator should consider as relevant evidence that might

point to intent or motive in the commission of the crime
1. SECURING AND INITIAL MANAGEMENT OF THE CRIME SCENE: WHAT
NEEDS TO BE DONE?
Emergency Management when a crime scene has been reported, the initial
responders must prioritize emergency situations
A violent suspect may still be in the crime scene posing a risk to the police
officers, crime scene investigators, or other people in the area
Victims of the crime may still be alive requiring immediate medical assistance
Crime Scene Investigation begins with securing the crime scene for purposes of:
safety
medical assistance
preservation of crime scene

Cordon crime scene with whatever material available
People must not go in and out of a crime scene

On-site assistance should disturb as little as possible in a crime scene but the
victims should receive immediate attention and transferred to appropriate
treatment facility
Media must be controlled
Failure to control a crime scene could be fatal to the prosecutions case because
it could lead to a claim of contaminated evidence
*Evacuate injured persons to nearest hospital
*Witnesses and Possible Suspects should be taken in custody, kept calm
and isolated
Supposed witnesses may be suspects
Supposed victims may be perpetrators of the crime
Initial impressions and reports of witnesses are important
A dying person may provide important information or confession (dying
declaration)
If it is a complex case, a command center may be needed to keep track of the
different teams of investigator, to serve as communication center, and to aid in
processing of collected evidence.
Requisites of a Dying Declaration are:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances
of such death;
3. That the declaration relates to facts which the victim is competent to
testify to; and
4. That the declaration is offered in a case where in the declarants death
is the subject of the inquiry.
If a body is photographed, the injury in relation to body and

surroundings are taken first before a detailed and closer picture
*Laboratory Photography microphotography, macrophotography,

laser-beam photography, Ultraviolet-light photography (fluorescent or
blue light)
Sketches
Rough sketch initial sketch which provides a general lay-out of the

crime scene, the location of the body or significant objects; it is not
drawn to scale but sketch should be labeled including distances and
notes. Sketch should be reassessed.
Finished Scale Drawing this may be completed later; sketch is

more refined drawn to scale
3. WALK-THROUGH AND CRIME SCENE SEARCH
Walk-through preliminary to actual search to aid in planning; general

assessment of the crime scene
1. assess crime scene and document important factors
2. note relevant evidence, and establish evidence that will most likely be
encountered
3. extent of search area, manpower and equipment needs identified
4. develop theory of crime
Primary Crime Scene where the crime was committed
Secondary Crime Scene related to the crime, but not site of its actual
commission; evidence found at a secondary crime scene may be relevant in
determining the primary crime scene
2. DOCUMENTATION
Part of crime scene investigation from beginning to end

If resources allow, a separate team is usually in charge of documentation
The first responders and officers who arrive at the scene should be interviewed
for their initial impressions
Documentation involves:
(1) Making notes,
(2) Photography/Videography,
(3) Sketching
Items that may be relevant are marked or numbered, photographed and
sketched before they are moved
Notes:
Note Taking during the investigation aids in making a reliable and valid
report, especially information that may no longer be recalled as the
investigation proceeds
Notes should include date and time, description of the physical scene, a
report on the first responders, and any other information that appears
relevant
Photography and video:
Purpose - to reproduce the undisturbed crime scene
General area of commission of the crime should be photographed taking

into consideration the critical areas, entry and exit points
Initial pictures should be overlapping, include general view and focused

view
Strip Search Method outdoors *Lane Method
Spiral Search Method limited manpower
Grid Search Method
10
Zone Search Method large areas
4. OBTAINING AND PROCESSING EVIDENCE
Discover and recognize evidence
Consider the who, what, where, how and why of a crime
Evidence must be photographed and sketched before they are moved
Some evidence may not be visible with ordinary lighting (E.g. semen
and fibers may be more visible using ultraviolet light, blood cleaned may
still be detected through chemicals)
Collecting Evidence
The investigator must be impartial and detached and must collect all
relevant evidence whether they support the initial impression or not
Relevant evidence include soil samples, hairs, fibers, chemicals, drugs,

blood, semen, glass fractures, paints, finger prints, documents,
firearms, bullet, tool marks
Evidence collected must be labeled, bagged or packaged and stored
appropriately
Avoid cross-contamination of evidence
Remember Locards principle
Protect and store evidence
Storage free from pets, insect, excessive heat or moisture, controlled

temperature
Item is bagged, labeled, logged
Specialized facilities for sensitive evidence (explosives)
Chain of Custody documentation of what happened to evidence from

time discovered to time when it is presented in court
People vs. Velarde, 384 SCRA 646, July 18, 2002
Crispin Velarde was charged with the complex crime of rape with
homicide of 8yo Brenda Candelaria.
Circumstantial evidence would be sufficient for conviction if (a) there is

more than one circumstance, (b) the facts from which the inferences
have been derived are proven, and (c) the combination of all the
circumstances is such that it produces a conviction beyond reasonable
doubt. These circumstances must be consistent with one another, and
the only rational hypothesis that can be drawn therefrom must be that
the accused is guilty. They must create a solid chain of events, coherent
and intrinsically believable, that point to the accused -- to the exclusion
of others -- as the perpetrator of the crime; and that sufficiently
overcome thereby the presumption of innocence in his or her favor.
Without the extrajudicial confession, the circumstantial evidence
becomes utterly insufficient to pass the test of moral certainty.
Although the defense of appellant -- mere denial -- is weak, this fact

alone cannot justify his conviction. The burden is on the prosecution to
prove his guilt beyond reasonable doubt, not on him to prove his
innocence. Well-entrenched in jurisprudence is the rule that the
conviction of the accused must rest, not on the weakness of the defense,
but on the strength of the prosecution. The Court cannot magnify the
weakness of the defense and overlook the prosecution's failure to
discharge the onus probandi.
Although the prosecution adequately proved the crime of rape with

homicide in this case, it failed to establish the identity of the perpetrator
beyond reasonable doubt. Hence, we cannot sustain appellant's
conviction. The assault on the child is unpardonable, but this Court must
uphold the primacy of the constitutional presumption of innocence in
favor of the accused, when the evidence at hand miserably falls short of
the quantum required to support conviction
EVIDENCE OBTAINED
Object Evidence admissible in court if relevant to case, provided that

chain of custody can be established
Examples:
Trace evidence extremely small

- hair or fibers microscopy
- soil samples may be compared with soil samples in
tires,
shoes
FINGERPRINTS
1. Latent prints nonporous surface, solid door knobs, light switches
Dusting use powder that contrasts with surface; fingerprint

dusting powder
Lifting prints commercially prepared lifter, lift tape
Use gloves
2. Visible fingerprints dirty, stained, bloody glossy, light-colored
surfaces
3. Plastic prints putty, grease, tar, butter, soft soap
Packaging:
Liquid blood dropper, test tube
Blood flakes pillbox or envelope
Bloodstain on clothing other mark with a string
Probative value of print claims that suspect was not at scene, or no

access to object where fingerprint found
BLOOD
Reagents luminol, tetramethyl benzedrine and phenolphthalein to

identify blood at a crime scene
Luminol water based, sprayed where blood traces are suspected

blood fluoresce to pale blue color, does not harm DNA in blood; reacts
with bleach
Precipitin test to determine whether blood is of human origin;

presence of other substance like soap and oil may yield false results
BLOOD STAIN PATTERN
General Rules:
1. The more bleeding, the bigger the stain/drop (bigger wound,
bigger stain)
11
2.
The farther the source to surface, the bigger the stain/drop

(max stain at 7 feet)
3. The blood that travels at low velocity creates a bigger
stain/drop (Medium 4-6mm stain; High velocity like from a
gunshot wound- mist, spray-type)
*The greater the force, the smaller the drops
General Rules:
1. Drops at smooth surface evenly spreads
2. Steeper impact, more elongated blood drop
3. If source of blood moving, or if it hits the surface at an angle,
you may see tails. The tail of stain determines direction of
blood; if many stains, convergence may pinpoint source. (blood
flows away from origin)
4. Blood pools but it may be disturbed (smudges)
5. If blood hits a vertical surface there is dripping (due to
gravity)
BLOOD SPATTER
1. Free-fall
2. Cast-off tangentially to arc of upswing or backswing (left-handed,
more horizontal)
3. Dripping
4. Splashing central blood drop then small drops around
5. Spurting smaller, elongated
GUNSHOT WOUND
Entry point back spatter
More spread out
May be in clothing, hands of shooter
Exit point forward spatter
More spread-out, misting

SHOE AND TIRE PRINTS
Shoe how many people, unique wear patterns, whether running or

walking, carrying something heavy
Tire tracks no used tires are alike
Photograph, cast when possible (mix plaster kits)

BITE MARKS
on body, food
Photograph and swab bite area for saliva, blood residue, DNA,
microorganisms
Cast if possible, if not lift by tape

TOOL and TOOL MARKS
Hammers, screwdrivers, broken tool pieces
Impression left by tool on surface a tool should NEVER be fitted into

an impression to see if it could have made the mark. This could render
laboratory analysis useless.
Photograph location of tool and tool mark, general crime scene, then
close-up, cast tool marks if possible
DNA EVIDENCE
From blood, saliva and other body fluids, tissues, hairs and bones
DNA means deoxyribonucleic acid, which is the chain of molecules found

in every nucleated cell of the body.
People vs. Yatar, 428 SCRA 504, May 19, 2004
Joel Yatar is charged with the complex crime of rape with

homicide. The victim is Katherine Uba who is his wifes niece.
Judilyn Pas-a, first cousin of the victim, testified that the victim
told Judilyn about the incident or attempt of the appellant to
rape her five days before her naked and violated body was
found dead in her grandmothers house on June 25, 1998. In
addition, Judilyn also testified that when her auntie Luz
Dawang Yatar, wife of Joel, separated from her husband, "this
Joel Yatar threatened to kill our family." According to Judilyn,
who was personally present during an argument between her
aunt and the appellant, the exact words uttered by appellant to
his wife in the Ilocano dialect was, "If you leave me, I will kill
all your family and your relatives x x x." These statements
were not contradicted by appellant.
It should also be noted that, although the Postmortem Report
by the attending physician, Dr. Pej Evan C. Bartolo, indicates
that no hymenal lacerations, contusions or hematoma were
noted on the victim, Dr. Bartolo discovered the presence of
semen in the vaginal canal of the victim. During his testimony,
Dr. Bartolo stated that the introduction of semen into the
vaginal canal could only be done through sexual intercourse
with the victim. In addition, it is apparent from the pictures
submitted by the prosecution that the sexual violation of the
victim was manifested by a bruise and some swelling in her
right forearm indicating resistance to the appellants assault on
her virtue.
Significantly, subsequent testing showed that the
Deoxyribonucleic acid (DNA) of the sperm specimen from the
vagina of the victim was identical the semen to be that of
appellants gene type.
DNA testing verified and credible scientific methods which
include the extraction of DNA from biological samples, the
generation of DNA profiles and the comparison of the
information obtained from the DNA testing of biological
samples for the purpose of determining, with reasonable
certainty, whether or not the DNA obtained from two or more
distinct biological samples originates from the same person
(direct identification) or if the biological samples originate from
related persons (kinship analysis)
12
LECTURE 4
DEATH
DEATH
complete cessation of all vital functions without possibility of resuscitation;

Irreversible loss of the properties of living matter
"Organ Donation Act of 1991." Sec. 2 (j) "Death".- the irreversible

cessation of circulatory and respiratory functions or the irreversible cessation
of all functions of the entire brain, including the brain stem.
A person shall be medically and legally dead if either:

(1) In the opinion of the attending physician, based on the acceptable
standards of medical practice, there is an absence of natural
respiratory and cardiac function and, attempts resuscitation would
not be successful in restoring those functions. In this case, death
shall be deemed to have occurred at the time these function
ceased ; or
(2) In the opinion of the consulting physician, concurred in by the
attending physician, that on the basis of acceptable standards of
medical practice, there is an irreversible cessation of all brain
functions; and considering the absence of such functions, furthers
attempts at resuscitation or continued supportive maintenance
would not be successful in restoring such natural functions. In this
case, death shall be deemed to have occurred at the time when
these conditions first appeared.
The death of the person shall be determined in accordance with the

acceptable standards of medical practice and shall be diagnosed separately
by the attending physician and another consulting physician, both of
whom must be appropriately qualified and suitably experienced in the care
of such patients. The death shall be recorded in the patient's medical
record.
Death:
Absence of cardiac function
Absence of respiratory function
Absence of brain activity
Brain death absence of electrical brain activity no reflexes, circulation,

respiration, dilated non-reactive pupils, flat Electroencephalogram Two
Physicians Rule
Cardio-respiratory death continuous and persistent cessation of heart action

and respiration
"Organ Donation Act of 1991." Sec. 9 xxx
In all donations, the death of a person from whose body an organ will be
removed after his death for the purpose of transplantation to a living person,
shall be diagnosed separately and certified by 2 qualified physicians neither
of whom shall be:
(a) A member of the team of medical practitioners who will effect the
removal of the organ from the body; nor
(b) The physician attending to recipient of the organ to be removed;
nor
(c) The head of hospital or the designated officer authorizing the
removal of the organ.
Legal Implications of Death:
Civil personality extinguished
Succession
Contracts partnership, agency, insurance

Criminal liability
Organ transplantation
Death Investigation if death is sudden, unexplained, violent, under suspicious

circumstance Investigate
Types of Death:
Natural death may be made to look as though it resulted from natural

causes
Accidental death may not be accidental but a result of suicide or crime
Suicide death may be caused by crime
Homicide, Murder, as a result of Crime
Unexplained
Duties
1.
2.
3.
4.
5.
of a Medical Examiner
Establish Fact of Death
Identification of Deceased
Determination of Time of Death
Determination of cause and manner of death
Obtain evidence in the body
- Evidence relevant to circumstances of death weapons, tools, blood
FACT OF DEATH
SIGNS OF DEATH
Cessation of cardiac activity and circulation no heartbeat and no

pulse, blood settles in dependent portion due to gravity (livor
mortis)
Cessation of respiration person stops breathing
Barbiturate overdose shallow breathing
Cessation of brain activity loss of reflexes or response to pain, flat

electro-encephalogram
Distinguish from drug overdose, hypothermia, coma
Anencephaly survives for 7 days, reported 7 months and 10

months
Cooling of body (algor mortis), Skin becomes pale
Stiffening (rigor mortis) and Decomposition
Eyes become non-reactive and would later start to cloud
Action of heat
IDENTIFICATION
Visual Recognition, Personal effects or ornaments
Fingerprints, DNA, also palm prints, foot print
Medical history: Blood type to rule out, Dental Records
Forensic anthropologist gender, height, race and age;
Forensic odontologist age range
Forensic entomologist location, approximate time of death
Important:
Legal certification of death
Succession
Insurance
Criminal Law
TIME OF DEATH
Postmortem interval time of death and discovery of the body
13
Death within 4 days estimated to within 4 hours

People vs. Seranilla, 348 SCRA 227, December 15, 2000
Time of death:
(1) Changes in Muscle
(2) Cooling of Body
(3) Lividity
(4) Putrefaction
(5) Consider Digestive Process
At death, body is limp until rigor mortis sets in
Rigor mortis stiffening of joints (low in babies and aged)
Face then larger muscles
Lasts 1-3 days, then muscles decompose
CHANGES IN MUSCLE FOLLOWING DEATH

1. Stage of Primary Flaccidity muscles relaxed, incontinence,
pupils dilated (when warm, only 1:51 minutes, may last up to 6
hours), may pass electric current
2. Rigor Mortis usually develops after 3-6 hours, body become
rigid (may last from 24-36 hours), faster development if warm
Note: if holding something that is difficult to

remove, may be something held in hand just
before death - due to cadaveric spasm
Cadaveric Spasm - instantaneous muscle rigidity

at time of death; only certain muscles and no
whole body, does not disappear, cannot be
induced
3. Decay of muscles muscles become flaccid, no more reaction to
stimulus (3 days, shorter if warm)
Changes in muscles:
Flaccid up to 6 hours
Stiff (rigor mortis) up to 2 days
Flaccid (decaying) after 2 days

TIME OF DEATH
1. ALGOR MORTIS
Algor mortis - Cooling of the body - fastest during first two hours
Tropical countries 12 -15 hours, same as environment
Delay fever, sudden death in good health, obesity, death from

asphyxia, death of middle age
Accelerate leanness of body, extreme age, long-standing

disease, chronic fever with wasting
Air in large room, in water speeds up cooling

2. POSTMORTEM LIVIDITY
Postmortem lividity - effect of gravity once circulation ceases ,

Blood may remain fluid after death for 6-8 hours
Dark blue discoloration (livor mortis) but may be cherry red if

death is due to carbon monoxide poisoning
develops up to 10-12 hours after death
this means, after 10-12 hours, lividity is fixed
If body moved after 12 hours, pattern of lividity may indicate

position at death
3. POSTMORTEM LIVIDITY
Lividity on dependent portions (back legs) if face down (face, chest,

stomach, legs)
If pressing directly on hard surface, no lividity
If blood released from large wounds little lividity

Signs of Death
Bruise - results from injury sustained while alive (antemortem bruise)
found outside vessels
inflammation in area
Does not change color when pressed
Dead blood collects usually dependent portion
if dead, vessels remain healthy, clot can be stripped

Putrefaction
Tropical region
12 hours rigor mortis
24 hours rigor mortis , greenish discoloration of abdomen
48 hours trunk bloated, face discolored, there may be maggots
72 hours whole body swollen, disfigured
1 week internal organs putrefied
2 weeks almost all soft tissues gone, cannot be distinguished
1 month skeletonized
* Temperate areas slower process 2-5 months after death soft parts
change into thick, semi-fluid black mass
Insects will help:
tie suspect to victim
insect parts in car, clothes
whether body was moved
time of death based on life cycle of insect

Submerged in Water
Usually body remains immersed for 8-10 days in warm water (up to 3 weeks
in cold water)
Fleas if still alive, then body has been in water for less than 24 hours
DROWNING victims curl up in semifetal position
If submerged in water, there is very little change after 4-5 days especially if
water is cold
From 5-7 days - face swollen and red, wrinkled hands and feet, outer skin
loosen (5-6 days), upper surface of brain greenish
2-3 weeks nails separate
4 weeks scrotum and penis distended with gas
6-8 weeks abdomen distended

Stages of Digestion
Stomach:
Light meal empty within 11/2 2 hours after being eaten
Medium sized 3-4 hours
Heavy 4-6 hours
*Stomach empties 4-6 hours after a meal
Small Intestines:
After 6-8 hours from eating reaches distal ileum
Small intestine 12 hours to be empty
14

*Must find out when victim last ate, or if there is vomit near body
Suicide
People vs. Operaa, Jr., 343 SCRA 43, October 13, 2000
The prosecution sought to show through circumstantial evidence

that appellant Rodolfo Operaa, Jr. killed his wife Alicia by
strangulation, on May 11, 1994.
Both the mother of the deceased, the herein complainant, and

Joselito Paragas insisted that Alicia Operaa was still alive when
they first saw her lying on the floor of the kitchen of their house.
Rufina Maminta, an anguished mother and out of love for her
daughter, begged the appellant, again and again, that her dying
daughter be brought to the hospital but seemingly without any
concern, appellant staunchly refused to rush Alicia to the nearest
hospital; reasoning that she could not reach the hospital alive.
An external examination of the body of the deceased was conducted

on May 14, 1994 by Dr. Tomas Cornel, upon the request of Mrs.
Maminta. On May 18, 1994, an exhumation followed by an autopsy
of the remains of the deceased was conducted by Dr. Ronald
Bandonill of the NBI, again upon the request of the herein
complainant. According to Dr. Bandonills report, the presence of
multiple injuries all over the body and the suspicious presence of
multiple abrasions on the area of the neck not related to the
hanging gives the suicidal aspect a big question mark. With respect
to the said suspicious multiple abrasions on the neck, the same
were clarified by the same doctor as abrasions, multiple, with signs
of strangulation, encircling the neck, at an area of 32.0 cms. x 4.5
cms., just below the thyroid cartilage. Aside from the said
abrasions, there were twelve (12) abrasions and one (1) contusion
found on the body of the deceased.
Contrary to the claim of appellant that the deceased was found

hanging from a wooden truss in their kitchen, SPO1 Daniel Coronel
of the Dagupan City Police Station testified that per his
investigation, he found no markings on the roof truss from where
the victim was supposed to have hanged herself. He also measured
the distance of the 2 x 3 by 1 yard wooden truss from the floor of
the kitchen and found it to be six (6) feet. The deceased was 56 in
height.
On the basis of the foregoing facts and circumstances, Rufina

Maminta instituted the case of parricide at bar against the appellant.
Investigating a suicide
1. Obtain information
any condition that deceased may have disease,

psychiatric
current medications
2. Obtain evidence on circumstances surrounding death
frame of mind, behavior near time of death, history
Look for:
suicide note
History of previous attempts
Self-mutilation
Jokes, communications, writing about suicide
Giving away possessions
Depression or anxiety
Increased risk-taking behaviour

3. Clues in crime scene
weapons near body
crime scene movement of body, lividity
*For death investigation, a timeline must be established
Cause of Death
Not a guaranty of accuracy, depends on the examiner, based on available

information
Manner of Death circumstance, condition of body, medical findings
Natural, suicide, homicide, accident, undetermined
External Examination and Internal Examination: Examination of injury,

determination of possible weapon used, identifying marks
Microscopy, Xrays, Samples for toxicology
Evidence obtained in body important

Death Certificate
A death certificate is conclusive evidence only as to the fact of death of the

deceased.
The cause of death may be established by other evidence.
LECTURE 5
WOUNDS
Causes
Wound injury to body resulting from force, violence or trauma

Stress Cardiomyopathy (Takotsubo)
of Physical Injuries
Physical Violence
Heat or Cold
Electrical injury
Chemical injury
Radiation
Change of atmospheric pressure
Infection
Extent of Injuries
Speed ex. Bullet v. Stone
Mass
ex. Baseball bat v. Stick
Elasticity of tissue
ex. Scalp v. Abdomen
Area of contact ex. Stabbing

Reactions of Tissues to Trauma
Rubor
Calor
Dolor
Tumor
Loss of function
15
Types of Wounds
Mortal wound location heart, brain, brain stem, lungs, stomach, liver,
intestine, spleen
Non-mortal extremities unless injuring big vessels

Based on Instrument
Blunt contusion, hematoma, lacerated wound
Sharp incised, punctured, stab
Tearing force lacerated wound
Chemical explosion GSW
Heat or cold frost bite, burn
3.
Infliction
Hit
Thrust
Explosion
Sliding abrasion
Depth
Penetrating
Perforating
Special
Types
Defense wound
Patterned wound
Self-inflicted wound
Medical Classification of Wounds

1. Closed
a. Superficial petechiae, contusion, hematoma
b. Deep musculoskeletal - sprain, dislocation, fracture, strain,
subluxation, Internal hemorrhage, cerebral concussion
2. Open abrasion, incised, stab, punctured, lacerated
May be caused by disease too hemophilia
Cold compress/warm compress

Hematoma bukol, swelling
Blunt force, usually where there is bone
Cavity develops blood flows to cavity
Head, chest, anterior part of legs
Closed wound that is elevated
If aspirated, there may be blood
May lead to abscess, gangrene

Extensive Blunt Force Injuries
Head Trauma could develop subdural hematoma/epidural hematoma

which may appear later
Arrhythmia irregular heartbeat due to great force on chest
Liver, Spleen, Kidney Injuries, Internal bleeding
Hypovolemic shock due to extensive bleeding in extremities
Rhabdomyolysis a condition in which damaged skeletal muscle

tissuebreaks down
Deep Closed Wound
Sprain muscle or ligament torn
Strain over-stretching of muscle or ligament
Fracture closed, open, comminuted
Internal hemorrhage rupture of blood vessels

Cerebral Concussion
Unconsciousness
Eyelids close
Muscles relax
Shallow respiration
Fast pulse
Low temperature
Sluggish reflex
Sphincters relax
Loss of memory just before injury
OPEN WOUNDS
CLOSED WOUNDS
1.
2.
Petechiae - love bite?
Pinhead size
Blood from capillaries under subcutaneous tissue, mucous membrane
May be caused by Trauma, asphyxia

Contusion pasa, bruise
Caused by blood from blood vessels due to trauma, blunt force
Force compresses vessel forcing blood out of area to tissue beneath skin
Develops after lapse of minutes to hours
Location may be different from site of application, size different from

object causing it due to gravity
Shape object used, size degree of force
Age of contusion:
1. immediate - Red to purple
2.
4-5 days green
3. 7-10 days -- yellow
4. 14-15 days begins to disappears (1 week to 1 month)
More bruising bloody parts, with excessive fat
Abrasion removal of superficial epithelial layer gasgas

1. Scratch and Graze sharp pointed object sliding across skin
2. Imprint abrasion scratching of skin shows pattern or stamping
3. Friction abrasion caused by pressure accompanied by movement
Post mortem abrasion usually over bony prominence (elbow), yellowish
instead of reddish-bronze
Incised Wound produced by sharp-edged or sharp-linear edge
Hacked wound heavy cutting instrument
1. Wound is straight, profuse hemorrhage, gaping due to retraction of
edges
2. Paralysis if nerve affected
Punctured wound
1. Thrust of sharp pointed instrument
2. Usually internal hemorrhage
3. External wound may be sealed by dried blood, clot
4. Small opening
5. Infection may develop due to sealing
16
Lacerated wound
1. Tear of skin and underlying tissues due to forcible contact with a blunt
instrument
2. Force greater than cohesive force and elasticity of skin
3. Rugged tear, irregular extremities
4. Contused and swollen edges
5. bleeding not extensive
6. rarely suicidal, may be accidental
STAB WOUNDS
Penetration of sharp-pointed and sharp-edged instrument

Common cause of death - hemorrhage
Suicidal Stab Wound
Located over vital parts of the body
Solitary, if multiple, located in one part only
If on covered parts, clothing is not involved
Accessible to hand of victim
Hand of victim smeared with blood
Wounding weapon may be firmly grasped by hand of victim
Wound tailing towards hand inflicting injury
Suicide note may be present
There is presence of motive for self-destruction
No disturbance in death scene

Evidence of Intent to Kill
More than one stab wound
Stab wounds located in different parts of the body or where vital organs
located
Deep stab wounds
Serrated or zigzag borders infers alternative thrust and withdrawal of

wounding instrument to increase internal damages
Irregular stellate skin defects changing direction of weapon with portion of
weapon at level of skin acting as lever
GUNSHOT WOUNDS
Cause of Injury:
1. Flame scorching or burning of skin, hair, edges may be burned in
contact fire; flame does not go beyond distance of 6 inches, pistols or
revolvers 3 inches
2. Smoke light, almost black, does not penetrate skin, deposited on
target, seen with distance up to 12 inches
3. Powder grains may penetrate skin and cause hemorrhage in deeper
tissues, cannot be removed by wiping, seen around wound entrance up
to 24 inches
4. Powder burns blackening of GSW entrance, gunpowder tattooing
5. Abrasion collar pressure of bullet causes skin to be depressed, bullet
lacerates skin, depressed portion rubs with rough surface of bullet
GSW Entrance Wound
Higher caliber usually bigger wound entrance
Usually oval or circular except in near shots or grazing wound
Short range fire 1-6 inches edges of wound inverted, may have areas
of burning, smudging, powder tattooing, abrasion collar
Medium range 6 inches but less than 24 inches inverted edges,

abrasion collar, smudging, lesser density of tattooing
More than 24 inches circular or oval, no burning, smudging, tattooing

GSW Exit Wound
Exit wound not always present
Everted edges of wound
Portions of tissue may be protruding
Usually bigger than missile/bullet
No definite shape
No abrasion collar, tattooing or smudging
Paraffin test may be negative

Shotgun Wound
Shotgun cartridge more gunpowder
Not more than 6 inches:

1. entrance wound burned
2. blackening due to smoke
3. tattooing densely located in limited area
4. hair burn
5. severe disruption of tissue
More than 6 inches:

1. Single wound of entry but may have isolated shots causing
independent entry
2. 3-4 feet serrated or scalloped circumference
3. 5-6 feet distance wad tends to produce independent injury
usually an abrasion
4. 6 feet shots begin to separate 10 feet independent wounds
of entry
Smudging due to smoke up to 15 inches
Tattooing up to 24 inches
How do you determine number of shots?
Number of entrance wounds
Number of spent shells
Shots heard by witness

Suicidal GSW
Shot fired in closed or locked room, open but isolated or uninhabited

place
Weapon in crime scene
Shot at close range
Location accessible to wounding hand
Usually a solitary shot
Personal history consistent with suicide
Hand of victim may show gunpowder
Usually entrance do not involve clothings
Fingerprints of victim on butt
Suicide note
Homicidal GSW
Site of entrance no point of election
Usually made with assailant some distance from the victim
Signs of struggle
Firearm not at crime scene
Testimony of witness
17
Expert witness
Wound caused by weapon
What range fired
Direction of fire
Can they be self-inflicted
Signs of struggle
Could victim have resisted attack or died spontaneously
Relative position of assailant and victim

Whether Person fired a firearm
dorsum of hands examined to determine presence of gunpowder
may be gross examination
paraffin test coated with melted paraffin, powder particles will be

extracted and embedded in paraffin cast; lung-s reagent will turn blue
if there is nitrate; not conclusive
fertilizers, cosmetics, cigarettes, urine contain nitrites and

nitrates and will give positive reaction
Location of GSW
Head, brain matter:

1. Serious if breathing centers affected or critical areas
2. If cerebral hemisphere victim may survive
3. Face not serious but may cause infection
4. Neck - depends
Chest wall may be fatal -- hemorrhage, hemothorax,

1. may hit lungs causing bleeding
2. GSW to heart victim may still be able to run death not
instantaneous
Abdomen not as serious
Spine disabilities if spinal cord, may cause compression of cord
Upper cervical cord may cause death
Extremities you will see characteristic of GSW, not so serious
AUTOMOTIVE CRASH
PHYSICAL INJURIES
Mutilation depriving a person, totally or partially, of some essential organ for

reproduction
1. Cutting off
2. Must be intentional to be punishable
3. If other parts of body mutilated mayhem
Art. 262 of RPC
Serious Physical Injuries
1. Person becomes insane, imbecile, impotent or blind (both eyes)
2. Loss of speech, hearing (both ears) or smelling, one eye, hand, foot,
arm, leg, incapacitated for work
3. Deformed (loss of teeth, pigmented scar, pinna of ear), loss part or use
of part of body, ill or incapacitated to do work for which person is
habitually engaged >90 days
4. Illness or incapacity for labor > 30 days to 90 days
Same penalty for Administering injurious substance without intent

to kill (art. 264)
Less Serious Physical Injuries
Incapacitated for 10 days or more or medical attendance for same

period, not more than 30 days (10-30 days)
Slight physical injury up to 9 days
Driver and Passengers:

1. First collision moving vehicle with another vehicle or fixed object
2. Second collision the occupants with interior of vehicle
Cause of death or injury:
1. Displacement of occupants within vehicle with impact against structures
2. Ejection
3. Distribution of the passenger compartment, direct impact injuries
Driver/Front seat passenger
1. May hit parts of the car
2. Front portion may be shortened
3. Skull fractures, laceration head, face, scalp, fracture of leg bones, hip
bones, abrasions and lacerations
Rear seat may be propelled to front
Side impact:
more severe injuries, less crushable structural components
laceration of vital organs, pelvic injuries

Rear impact whiplash, may involve gas tank and gas leakage
Roll-over crash may be pinned, crushed, thrown away on ground
Pedestrian vehicle
1. usually front bumper hits leg of victim bumper fracture
2. if below point of gravity, body moves backwards to hit hood, windshield
3. if above point of gravity body moves away from vehicle, fall on ground
(children)
secondary impact
pedestrian to ground after first impact
multiple abrasions and contusions

run over injuries
usually if children, may fall on ground and vehicle passes over body
skid tire marks, rupture of organs, fracture, may die right away
especially if head hit
Motorcycle
1. usually body absorbs the impact
2. ejection common
3. injuries usually head and legs
18
LECTURE 6 and 7
CHILD ABUSE
R.A. 7610: Special Protection of Children Against Abuse, Exploitation and
Discrimination Act
Sec. 3:
a. "Children" refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition
b. "Child abuse" - maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being
(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
(4) to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
SECTION 10(a). Other Acts of Neglect, Abuse, Cruelty or Exploitation and

Other Conditions Prejudicial to the Childs Development
1. Enumerated in Article 59 of Presidential Decree No. 603
2. Child abuse
3. Child cruelty,
4. Child exploitation
5. Being responsible for conditions prejudicial to the childs
development
Sanchez vs. People, 588 SCRA 747(2009)
VVV and her family were lessees on Sanchez fishing pond. One day Sanchez
wanted to drive their family away, and in doing so willfully, unlawfully and
feloniously abuse physically one [VVV], a sixteen (16) year old minor, by
hitting her thrice in the upper part of her legs, and which acts are prejudicial
to the child-victim's development which acts are not covered by the Revised
Penal Code, as amended, but the same are covered by Art. 59, par. 8 of P.D.
No. 603 as amended; to the damage and prejudice of the offended party in
the amount to be proved during the trial.
R.A. 7610
Child Prostitution and Other Sexual Abuse
Child Trafficking
Use of Children in Obscene Publications and Indecent Shows
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions

Prejudicial to the Child's Development
Use of child to beg, act as conduit in drug trafficking or conduct any illegal
activities
Sanctions on Establishments or Enterprises which Promote, Facilitate, or

Conduct Activities Constituting Child Prostitution and Other Sexual Abuse,
Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts
of Abuse
Protection for Working Children, Children of Indigenous Cultural
Communities, Children in Situations of Armed Conflict
PD 603
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and
other institutions as well as private physicians providing treatment shall,
within forty-eight hours from knowledge of the case, report in writing to the
city or provincial fiscal or to the Local Council for the Protection of Children
or to the nearest unit of the Department of Social Welfare,
any case of a maltreated or abused child, or exploitation of an employed

child contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of the Department of Social
Welfare to whom such a report is made to forward the same to the provincial
or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or

physician who fails to make such report to a fine of not more than two
thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept
strictly confidential and no information relating thereto shall be disclosed
except in connection with any court or official proceeding based on such
report.
Any person disclosing confidential information in violation of this provision

shall be punished by a fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for not less than thirty days
nor more than one year, or both such fine and imprisonment, at the
discretion of the court.
CHILD ABUSE
1. Physical Abuse
2. Sexual Abuse
3. Physical Neglect
Causes
1.
2.
3.
4.
of Child Abuse by History

Unwanted child
Abusive parent
Child as center of triangle
Child as hindrance to socio-economic activities of parent
Medical Evidence of Abuse

1. skin imprints from objects hand, cord, chain, lash and belt buckles are
indicator of abuse
2. multiple bruises or scars trunk, head face
3. multiple small burns or emersion burn levels cigarette, iron, boiling water
(donut shaped burn on buttocks, burns deeper in middle hot liquid poured
4. multiple fresh healing fractures; twist fractures spiral
characteristic/usually multiple healing fractures
5. trauma to mouth nose ears and eyes
6. head injuries, skull fractures, subdural hematoma
7. injuries to genitalia, perivaginal, perirectal, child has std
8. child neglect malnourishment, poor hygiene, infection, poor growth and
development, in need of medical attention, dental work, glasses
19
Shaken
1.
2.
3.
4.
Infant syndrome
Shaken Infant syndrome
no signs of external injury
intracranial and intraocular hemorrhages
may cause motor defects, mental retardation, vision impairments that are
not noticeable until child reaches school age
Child Sexual Abuse
INCEST
Common - father-daughter
Father history of emotional deprivation and psychological

inadequacy
Families deeply troubled, much hostility between members
Young child is in a helpless and dependent position and unable to

say no or is simply not mature enough to cope with strong
conflicting feelings of sexual relations with a relative
The younger the child and the closer the relationship, the more
serious the emotional consequence
Adults who suffered sexual abuse may suffer from depression, selfabusive behavior and sexual dysfunction. Victims suffer from
feelings of inferiority, poor basic trust, repressed anger, difficulties
in establishing successful adult relationships
REPRESSSED MEMORIES OF SEXUAL ABUSE
Victims of sexual abuse in childhood often have some memory of

prior sexual abuse although they may be fragmented
Traumatic experiences may come back in flashbacks, in physical

forms, such as sensation of gagging, or in nightmares
FACTORS TO CONSIDER:
1. child is emotional, fearful, vague history of injury
2. child is overly aggressive, disruptive, destructive and hostile
3. vague and defensive detail of child injury from parents or parents
aggressive, abusive or apathetic and unresponsive when
approached about problems concerning child
4. many previous unexplained injuries or history of previous illness
5. extended delay in seeking medical care
6. poor growth and development of child
7. child complains of beatings and maltreatment
Sex Crimes
VIRGNITY
Parts of the female body to be considered in the determination of

the condition of virginity:
1. Breasts
2. Vaginal Canal
3. Labia Majora and Labia minora
4. Fourchette
5. Hymen
HYMENAL LACERATION
Parts of the female body to be considered in the determination of

the condition of virginity:
Fresh bleeding laceration recent
Fresh healing, with some swelling after 24 hours
Healed with congested edges, sharp coaptible borders 4

to 10 days
Healed with no congestion, sharp coaptible borders more

than 10 days to 3 weeks
Healed laceration, rounded borders more than 1 month

CRIMES WHERE VIRGINITY IS AN ELEMENT
Qualified seduction The seduction of a virgin over twelve years

and under eighteen years of age, committed by any person in
public authority, priest, home-servant, domestic, guardian, teacher,
or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced
Consented abduction The abduction of a virgin over twelve

years and under eighteen years of age, carried out with her consent
and with lewd designs
DEATH DUE TO THE SEXUAL ACT
Death from Natural Causes usually happened to males because of

greater physical exertion during intercourse myocardial infarction
Death of the female partner is usually accidental suffocation,

embolism
Death may be due to defensive act of woman victim
Death of both partners usually due to intercourse in enclosed space

RAPE
1. Carnal knowledge of a woman by a man
2. Through sexual assault insertion of penis into anal orifice or
mouth, or insertion of object or instrument to genital or anal orifice
Must be committed:
1. Through force, threat or intimidation
2. When offended party is deprived of reason or otherwise
unconscious
3. Fraudulent machinations, grave abuse of authority
4. Offended party under 12yo or demented
Dementia strictly refers to slow deterioration of

mental function but may refer to condition where
there is decreased mental function characterized
by problems with memory, reasoning or thinking
Allegations of Grave abuse of authority, fraudulent machinations

consider the personality, intellectual capability and circumstances of
the victim
Use of Force, threat or intimidation tenacious resistance is not

required
deprived of reason or otherwise unconscious
EXAMPLES:
Date rape drugs Flunitrazepam (Rohypnol)
Sleeping sickness, knocked-out, sleeping
Takes effect within 20 minutes, causes

disorientation, amnesia, muscle relaxation,
dizziness, headaches, slows psychomotor
responses, and lowers inhibitions
Respiratory depression, coma, and death are

unpredictable possibilities when someone
unknowingly takes a date rape drug
Gamma-hydroxybutyrate
AlcohoL
20
DEATH DUE TO THE SEXUAL ACT

1. Death from Natural Causes usually happened to males because of
greater physical exertion during intercourse myocardial infarction
2. Death of the female partner is usually accidental suffocation,
embolism
3. Death may be due to defensive act of woman victim
4. Death of both partners usually due to intercourse in enclosed space
PROFILE OF RAPISTS
Solitary, socially inadequate man with low self esteem

1.
Primary aim: to reassure themselves of their masculinity
by exercising power over their victim. They believe woman
will fall in love with them
2.
They tend to kiss and fondle their victims, compliment
them on their beauty, and they avoid violence
3.
They become distressed if the woman becomes manifestly
upset or struggles too much
Sexual sadist, excited by womans suffering

1.
They are extremely intelligent and active
2.
Rape involves torture and may create their own violent
pornography
3.
Cool and calm when committing and recounting crimes
4.
Penetrate victims as violently as possible
5.
They do not appear odd or peculiar to people who know
them in daily life
Motivation found to be motivated by anger (violent physical
assault) or assertion of power (no more force than necessary to
succeed)
Most serial rapists have prior sexual offenses which may not be
rape voyeurism, obscene phone calls
In one study, only 33 percent collected pornography, 76% had

history of prior sexual abuse either as victims or as witnesses
VICTIMS OF RAPE
Acute disorganization characterized by shock, disbelief, fear and

anxiety
May lose appetite, startle at minor noises, develop headaches or

insomnia or fatigue
May have trouble maintaining normal family or occupational life
May have frightening dreams or develop irrational fears
May develop sexual dysfunctions afraid of sex or unable to

experience orgasms
MEDICAL EVIDENCE
1. Evidences from the victim
physical examination, mental state examination,

examination of clothing
commonly injured extragenital areas are the mouth, throat,

wrist, arms, breasts, and thighs.
2. Examination of the alleged offender physical examination,
evidence from sex organ, pubic hair
3. Examination for presence of seminal fluid and spermatozoa
clothing, vaginal smear, and other stains on the body(lips, cheeks,
thighs, anus, and buttocks) of victim, accused, crime scene
RAPE KIT
1. Instructions
2. Small paper bags, envelopes, cardboard boxes for evidence
collection
3. White sheets, gauze
4. Microscope glass slides, test tube
5. Comb to collect hair and fiber
6. Wooden splints, nail clipper
7. Documentation forms
8. Labels
EVIDENCE COLLECTION
1. Victims clothing bagged
2. Pubic hair region is combed to recover any foreign hair
3. Stains on victim collected in gauze
4. Pubic hair samples from victim taken
5. Vaginal and cervical smears on microscopic slides, anal smears if
indicated
6. Condition of hymen and perineum noted
7. Scraping of nails with wooden splint, or nails cut
8. Oral swabs
9. Blood sample
RAPE VICTIM ASSISTANCE
R.A. No. 8505 Rape Victim Assistance and Protection Act of 1998
Sec. 3 Rape Crisis Center xxx establish in every province and city
a rape crisis center located in a government hospital or health clinic
or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological counselling,

medical and health services, including their medico-legal
examination; xxx
Sec. 4. Duty of the Police Officer xxx
(b) Arrange for counseling and medical services for the

offended party xxx
xxx It shall be the duty of the police officer or the

examining physician, who must be of the same gender as
the offended party, to ensure that only persons expressly
authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical
examination is being conducted.
For this purpose, a women's desk must be established in

every police precinct throughout the country to provide a
police woman to conduct investigation of complaints of
women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims
must be assigned to female prosecutor or prosecutors after
the police shall have endorsed all the pertinent papers
thereof to the same office.
UNNATURAL SEXUAL OFFENSES AND ABNORMALITIES
1. Pedophilia psychiatric disorder in persons 16 years of age or
older typically characterized by a primary or exclusive sexual
interest toward prepubescent children (generally age 11 years or
younger, though specific diagnostic criteria for the disorder extends
the cut-off point for prepubescence to age 13)
21
2.
Bestiality sexual activity between humans and non-human

animals or a fixation on such practice
3. Gerontophilia sexual preference for the elderly
4. Necrophilia sexual attraction to corpses
5. Incest sexual intercourse between family and close relatives
6. Fetishism sexual arousal a person receives from a physical
object, or from a specific situation
7. Frottage sexual rubbing non-penetrative sex
8. Coprolalia involuntary swearing or the involuntary utterance of
obscene words or socially inappropriate and derogatory remarks
9. Indecent Exposure the deliberate exposure in public or in view
of the general public by a person of a portion or portions of his or
her body, in circumstances where the exposure is contrary to local
moral or other standards of appropriate behavior
Art. 55 of the Family Code - A petition for legal separation may be filed on
the ground of sexual infidelity or perversion;
R.A. 9262 A sexual perversion may be considered as an act of Violence
against women or children which could include stalking, voyeurism
Alcohol
22ML OF 40%(80 PROOF ALCOHOL) PER HOUR IF YOU SIP AT THIS RATE,
YOU DO NOT ACCUMULATE ALCOHOL IN THE BODY
1 CUP = 250 ML
Speed that alcohol enters blood stream depends on:
Food in stomach
Type of beverage and concentration of alcohol
Circumstances under which alcohol is consumed
Drinkers constitutional state

Intoxication
0.05 percent alcohol in blood thought judgment and restraint are loosened
and sometimes disrupted
0.10 percent voluntary motor actions usually become perceptibly clumsy
0.20 percent function of entire motor area of brain is measurably

depressed
0.30 percent person is confused and may become stuporous
0.40-0.50 percent person is in coma
At higher levels, the primitive centers of the brain that control breathing and
heart rate are affected and death ensues
Alcohol may produce blackouts/amnesia
Alcohol is metabolized in the liver
Some drugs are also metabolized in the liver
Prolonged use increases metabolism
Does not get drunk easily
Drugs dont take effect
But if intoxicated alcohol and drug competes and toxic blood levels may
accumulate because the competition with alcohol causes less drug to be
metabolized
Others drugs have synergistic effect with alcohol which means they become
more potent narcotics, benzodiazepines, other depressants
Deception Detection
A person who is telling the truth can repeat the story the same way many
times, with variations, and with missing details.
A person who is telling a fabricated story can repeat it word for word, and
dates and time are precise, and all details are remembered.
EYES AND FACE:
1. When asked about something, looks to the left instead of right
(visually constructed images v. visually remembered images)
2. Avoids making eye contact
3. Facial Expression incongruent, or does not affect the whole face
4. Clearing of throat, Licking of lips, rubbing of throat, chin, mouth
BODY LANGUAGE
1. Stiff posture or uncomfortable, makes adjustment on clothes
2. Tendency to distancing self from accuser, turns away,
unconsciously positions objects between self and accuser
3. Crossing of arms
PHYSIOLOGICAL BASIS
Sympathetic system function is to prepare a body for emergency,

Fight or Flight response
1. Increase heart rate
2. Constricted arterioles of skin
3. Arterioles of muscles dilated
4. Blood pressure is raised
5. Redistribution of blood leaves skin, and GI tract and passes brain,
heart, skeletal muscles
6. Dilate pupils
7. Hair may stand on end
8. Sweating occurs
WHEN A PERSON IS LYING OR NERVOUS
Dryness of mouth, licking of lips
Shaking or trembling
Perspiration
Increased heartbeat
Faster pulse, slight pulsing of neck arteries
Rapid breathing
Flushing of face
People v. Adoviso - 309 SCRA 1(1999)
Adovino shot Rufino Agunos several times with said firearms hitting
the latter on the different parts of his body which were the direct
and immediate cause of his death. On the premise that the trial
court rendered the judgment of conviction on the basis of mere
conjectures and speculations, appellant argues that the negative
result of the polygraph test should be given weight to tilt the scales
of justice in his favor.
The theory behind a polygraph or lie detector test is that a person

who lies deliberately will have a rising blood pressure and a
subconscious block in breathing, which will be recorded on the
graph. However, American courts almost uniformly reject the
results of polygraph tests when offered in evidence for the purpose
of establishing the guilt or innocence of one accused of a crime,
whether the accused or the prosecution seeks its introduction, for
the reason that polygraph has not as yet attained scientific
acceptance as a reliable and accurate means of ascertaining truth
or deception. The rule is no different in this jurisdiction. Thus, in
22
People v. Daniel, stating that much faith and credit should not be
vested upon a lie detector test as it is not conclusive. Appellant, in
this case, has not advanced any reason why this rule should not
apply to him.
POLYGRAPH
Accuracy depends on:

1. Subject
2. Equipment
3. Operator
Failure to detect lies:

1. Subject has taken drugs
2. Makes deliberate muscular contractions
3. Psychopathic personality
Polygraph measures:
1.
Respiration and depth of breathing
2.
Changes in skin
3.
Blood pressure
4.
Pulse rate
HYPNOSIS
Brain waves remain as if awake, oxygen consumption is the same
Induce trance by persuading subjects to relax, lose interest in

external distractions, focus on hypnotists suggestions
Once subject is relaxed, hypnotist gives simple suggestions before

proceeding to more difficult ones
Hypnotic susceptibility depends on trust on the hypnotist and

willingness to be hypnotized
Information obtained under Hypnosis not admissible

PSYCHOLOGICAL STRESS EVALUATOR AND VOICE STRESS TESTS not
scientifically proven to be reliable, measures micro-tremors of the human
voice
TRUTH SERUM
Sodium pentathol
Drug removes persons inhibitions so he or she is more likely to tell

the truth
Patients may become violently excited
Rule on Examination of a Child Witness
Rules apply whenever proceedings involve a child witness
Child witness: A child witness is any person who at the time of giving
testimony is below the age of eighteen (18) years. In child abuse cases, a
child includes one over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
Objectives: to create and maintain an environment that will allow children

1. to give reliable and complete evidence,
2. minimize trauma to children,
3. encourage children to testify in legal proceedings, and
4. facilitate the ascertainment of truth.
Every child is presumed qualified to be a witness. However, the court shall

conduct a competency examination of a child, motu proprio or on motion of
a party, when it finds that substantial doubt exists regarding the ability of
the child to perceive, remember, communicate, distinguish truth from

falsehood, or appreciate the duty to tell the truth in court.
Examination of a child as to his competence shall be conducted only by the
judge who shall ask only developmentally appropriate questions
Court may appoint:
1. Interpreter for child
2. Facilitator - The facilitator may be a child psychologist, psychiatrist,
social worker, guidance counselor, teacher, religious leader, parent,
or relative.
3. Guardian ad litem
4. Support persons - A child testifying at a judicial proceeding or
making a deposition shall have the right to be accompanied by one
or two persons of his own choosing to provide him emotional
support.
In his testimony, the child may be allowed use of:
1. Testimonial aids
2. Emotional security item - While testifying, a child shall be allowed to
have an item of his own choosing such as a blanket, toy, or doll.
3. Screens, one-way mirrors, and other devices to shield child from
accused
When a child testifies:
1. the public may be excluded
2. testimony may be given in a separate room to be televised to the
courtroom by Live-link television
3. videotaped deposition may be applied for- which may be admitted
into evidence If, at the time of trial, the court finds that the child is
unable to testify
Studies Suggest that:
Children as young as six years old have no trouble distinguishing

between fact and fantasy when describing the actions of other
people. In one study, on only one test did six year olds do worse
than adults children had trouble distinguishing what they had
actually said aloud from what they had imagined themselves saying
When testimony depends on noticing an incidental event, six year

olds seemed to do better than adults who tend to concentrate more
narrowly than children who usually do not focus their attention in
the same single-minded manner that adults do
Children make less inferences than adults because children have a

smaller store of knowledge and are unlikely to distort information
by incorrect expectations
Testimony of children are more sketchy because they remember

fewer details.
A child may be suggestible if the child did not understand the event
or if the childs memory of the event has become relatively less
accessible.
In identification of suspects, children are more likely to make false

identifications unless the person is familiar to them.
23
VAWC: Republic Act No. 9262, Sections 29, 35, 40
SECTION 29. Duties of Prosecutors/Court Personnel.
Prosecutors and court personnel should observe the following duties

when dealing with victims under this Act:
(a) communicate with the victim in a language understood by the
woman or her child; and
(b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
SECTION 35. Rights of Victims.
In addition to their rights under existing laws, victims of violence

against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of
Justice (DOJ) or any public legal assistance office;
(c) to be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for
under the Family Code; and
(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.
SECTION 40. Mandatory Programs and Services for Victims.
The DSWD, and LGU's shall provide the victims temporary shelters,
provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance. The DOH shall
provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders.
The DSWD shall provide rehabilitative counseling and treatment to

perpetrators towards learning constructive ways of coping with
anger and emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to submit to
psychiatric treatment or confinement.
Rule 130: Expert Witness Rule
SEC. 48. General rule. The opinion of a witness is not admissible, except
as indicated in the following sections.
SEC. 49. Opinion of expert witness. The opinion of a witness on a

matter requiring special knowledge, skill, experience or training which he is
shown to possess, may be received in evidence.

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THE WOMEN OF ALEITHEIA

Sec. 5. Additional requirements for other applicants. - xxx No applicant

determination of civil personality (NCC, art 40,41,42)

limitation of persons capacity to act (NCC, article 38, 39)

marriage and legal separation - psychological incapacity

paternity and filiation

testamentary capacity of a person making a will

Circumstances affecting criminal liability (insanity)

Crimes against persons

Crimes against chastity

Dangerous Drugs Act

Physical and mental examination of the person (rule 28)

Proceeding for hospitalization of an insane person (rule 101)

Labor Law Employees Compensation

Special laws Juvenile Justice Act, Code of Sanitation

Capacity to Enter Contracts

Regulation of Professions Medicine and Allied Medical Sciences

Duties imposed by law on Health Care providers

Health related Laws

Health Maintenance Organizations

Forensic Medicine Ivy Patdu, M.D., J.D.

Branch of medicine which deals with the application of medical knowledge to

Application of Medicine to Law

Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)

Application of Law to Medicine

Application of a broad range of scientific disciplines to public or legal

Forensic Medicine branch of medicine that deals with use of medical

Clinical Forensic Medicine

Clinical Forensic Medicine branch of medicine that deals specifically with

Examples: Request for Physical Examination of person in custody, Aging of

Forensic pathology subspecialty of pathology that focuses on medico-legal

Code on Sanitation, P.D. 856 95 (1975)

Person authorized to perform Autopsies:

Autopsies shall be performed in the following cases:

Maya Julieta R. Catacutan-Estabillo 2016

THE WOMEN OF ALEITHEIA

Autopsies may be performed on patients who die in accredited hospitals

Forensic Psychiatry use of psychiatric evaluation and knowledge on

Forensic Psychology use of knowledge of the behavioral science for

Application: Determination of Age, Capacity to Act and competence,

Forensic Entomology application of knowledge about insects, insect

Forensic Odontology the application odontology to legal problems such

Forensic Anthropology discipline concerned with study of skeletonized

Forensic Toxicology discipline that concerns itself with a study on drugs

Forensic Chemistry scientific examination and identification of physical

DNA Analysis use of DNA to elucidate legal problems

Forensic instrumentation - analytical chemistry such as spectroscopy

Forensic Computer Science the application of knowledge on computers

Forensic Medicine Ivy Patdu, M.D., J.D.

Questioned Document Examination study of all types of questioned

Hippocrates (460-355 BC) discussed lethality of wounds

Antistius he is the forensic pathologist who performed an autopsy on

Song Ci Father of forensic medicine. He published a 5 volume book on

1858 - first medical textbook related to medico-legal practice by Spanish

1871 - Legal Medicine was included as a subject in the School of Medicine

1895 Medico-legal laboratory was established in the City of Manila

Fingerprint database in the Philippines

Fingerprint database mostly those with criminal records

Half a million prints in database

39M unclassified fingerprint cards

Maya Julieta R. Catacutan-Estabillo 2016

THE WOMEN OF ALEITHEIA

Automated Fingerprint Identification System or (AFIS) - which can

Forensics in the Philippines