Chapter III
Chapter III
OF IDENTIFICATION
the determination of
or thing.
of Identification of Person:
In the prosecution of the criminal offense, the identity of the
offender and that of the victim must be established, otherwise it
will be a ground the dismissal of the charge or acquital the
accused.
2. The identification of a person missing or presumed dead will
facilitate settlement of the estate, retirement, insurance and other
social benefits. It vests on the heirs the right over the properties
of the identified person.
If identity cannot be established, then the law on presumption
of death (Art. 390, Civil Code) must be applied which requires the
lapse of seven years before a person can be presumed dead. In
special instances, the seven years period may be reduced to four
years (Art. 391, Civil Code).
3. Identification resolves the anxiety of the next-of-kin, other rela-
tives and friends as to the whereabouts of a missing person or
victim of calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of
check, entering a premise, delivery of parcels or registered mail in
post office, sale of property, release of dead bodies to relatives,
parties to a contract, etc.
Rules in Personal
The greater the number of points of similarities and dissimilarities
of two persons compared, the greater is the probability for the
conclusion to be correct. This is known as the of
city of Evidence in Identification.
2. The value of the different points of identification varies in the
formulation of conclusion. In a fresh cadaver, if the fingerprints
on file are the same as those recovered from the crime scene, they
will positively establish the identity of the person while bodily
marks, like moles, scars, complexion, shape of nose, etc. are
merely corroborative. Visual recognition by relative or friends
may be of lesser value as compared with fingerprints or dental
comparison.
41
42 LEGAL MEDICINE
3. The longer the interval between the death and the examination
of the remains for purposes of identification, the greater is the
need for experts in establishing identity. The process of taking
fingerprints and its examination under a magnifying lens
the services of an expert. When putrefaction has set in, the
ternal bodily marks useful in identification might be destroyed
so that it is necessary to resort to an anatomical or a
examination of the body which requires knowledge of
and dentistry.
4. Inasmuch as the object to be identified highly perishable, it is
necessary for the team to act in the shortest time special-
ly in cases of mass disaster.
5. There is no rigid rule to be observed in the procedure of identi-
fication of persons.
Methods of
comparison — Identification criteria recovered during investi-
gation are compared with records available in the file, or post-
mortem finding are compared with ante-mortem records.
Examples:
a. Latent fingerprints recovered from the crime scene are com-
pared with the fingerprints on file of an investigating agency.
b. Dental findings on the skeletal remains are compared with the
dental record of the person in possession of the dentist.
By exclusion — If two or more persons have to be identified and
all but one is not yet identified, then the one whose identity has
not been established may be known by the process of elimination.
IDENTIFICATION OF PERSONS
The bases of human identification may be classified as:
Those which laymen used to prove identity — No special training
or skill is required of the identifier and nc instrument or
cedure is demanded.
which are based on scientific knowledge — is
made by trained men, well-seasoned by experience and
vation, and primarily based on comparison or exclusion.
(4) Paretic gait — Gait in which the steps are short, the feet are
dragged and the legs are held more or less widely apart.
(5) Spastic gait — A gait in which the legs are held together and
move in a stiff manner and the toes dragged.
Triangular face
Tattoo marks
l e g a l medicine
Side-view of noses
Identification
of Skeleton
of Sex
A. FINGERPRINTING
Fingerprinting is considered to be the most valuable method of
identification. It is universally used
1. There are no two identical
Fingerprints show unlimited and infinite varieties of form.
Two or more fingerprints may grossly appear to be seemingly
alike but under a microscope or the magnifying lens, the dif-
ference may be proven. The chances of two fingerprints being
the same are calculated to be 1 to 64,000,000,000 which is ten
times the number of fingers existing in the world.
2. Fingerprints are not changeable:
Fingerprints are formed in the fetus in the fourth month of
pregnancy. During the latter stage of pregnancy as well as after
birth, the pattern enlarges, but no changes take place in the number
and arrangement of the friction ridges.
The finger may be wounded or but the whole pattern with
its details will reappear when the wound heals. If the injury is
deep or beyond the layers of the skin and scar develops, it will not
deter identification. On the contrary, the scar will make a much
deeper impression of the pattern. It can be said that fingerprints
are an indelible signature which a person carries from the cradle to
the grave.
A Fingerprint
58 LEGAL MEDICINE
of Patterns:
1. Arches — The ridges go from one side of the pattern to another,
never turning back to make a
a. Plain arches — The ridges on one side of the impression and
flow or tend to flow out the other side with rise or wave in the
center.
b. Tented arch — One or more ridges at the center to form a
definite angle of 90 degrees or less than 45 degrees from the
horizontal plane.
2. Loops — One or more ridges enter on either side, recurves and
terminate or tend to terminate on the same side from which it
entered.
a. Ulnar loop — Recurves towards the ulnar side of the hand or
little finger.
b. Radial loop — Recurves towards the radial side of the hand or
thumb.
3. Whorls — Patterns with two deltas and patterns too irregular in
form to
a. Simple whorls — Consist of two deltas with a core consisting of
circles, ellipses, or spiral turning to the right or left.
b. Central pocket — It is like simple loop but in the core, one
may find one ridge which forms a convex towards the opening
of the loop.
Lateral pocket loops — There are at least two loops opening at
the same side.
LEGAL MEDICINE
Whorl Composite
Dental Chart
c - Caries AB - Abutment
X — Indicated for Extraction P Pontic
RF — Retained Root Fragment Gold Clasp
AM — Amalgam Filling -
- Gold Inlay
S - Silicate Filling M - Missing due to Extraction
CG — Gold Crown U N - Unerupted
Age
9 yrs 12 permanent teeth (8 incisors and 4 molars).
11 yrs 20 permanent teeth (8 incisors, 8 premolar
and 4
yrs 28 permanent teeth and no deciduous
8 to 10 yrs Calcification begin at the 3rd molar.
25 yrs Root-ends of 3rd molar completely calcified.
Beyond 25 yrs. Ends of the root of the 3rd molar have been
completely calcified.
After 30 yrs Carries frequently develop at the
There may be gingival recession, decay attack
of the root surface.
3. Sex
Examination for the presence of bodies from palatal
HANDWRITING
A person may be through his handwriting, handprinting
and
Sec. 23, Rule Rules of Court — Handwriting, how proved:
The handwriting of a person may be proved by any witness who
believes it to be the handwriting of such person, and has seen the
person write, or has seen writing purporting to be his upon which
the witness has acted or been charged, and has thus acquired know-
ledge of the handwriting of such person. Evidence respecting the
handwriting may also be given by a comparison, made by the witness
or the court, with writings admitted or treated as genuine by the
party against whom the evidence is offered, or proved to be genuine
to the satisfaction of the judge.
The of any disputed writing may be proven by any of
the following
Acknowledgement of the alleged writer that he wrote it;
Statement of witness who saw the writing made and is able to
identify it as
By the opinion of persons who are familiar with the handwriting
of the alleged or
the opinion of an expert who compares the questioned writing
with that of other writings which are admitted or treated to be
genuine by the party against whom the evidence is offered.
Sec. 44, Rule 130, Rules of Court — Opinion of ordinary witnesses:
The opinion of a witness regarding the identity of handwriting of
a person, when he has knowledge of the person or handwriting; the
opinion of a subscribing witness to a the validity of which is
LEGAL MEDICINE
in dispute, respecting the mental sanity of the signer; and the opinion
of an intimate acquaintance respecting the mental sanity of a person,
the reason for the opinion being given, may be received as evidence.
In order for an ordinary witness to be qualified to express his
opinion, it must be shown that he has some familiarity with the
handwriting of the person in a way recognized by law.
does not flow into the fibers and spread in the same way
as fluid ink does.
(2) Fountain pen — The lines are more or less round but
when pressure is increased there is separation of the nib
which is easily detected. There is in the flow
of ink.
(3) Steel pen — There is in the flow of ink and
leaves a scratchy appearance.
(4) Pencil — Lead of pencils is compose of graphite and
clay with kaolin as binder. Soft pencils have greater
proportion of graphite while hard ones have relatively
more clay. Cheap quality pencils have frequently gritty
impurities which scratch the paper, while
pencils are free from such grit.
Paper:
Color — Color can be well appreciated with a good light.
Dirt, stain or fading condition may not show the true
color of the paper.
Surface appearance — may be smooth or rough. The
surface may be damaged or wrinkled.
(3) Watermarks - Exposure of the paper to a strong light may
reveal the watermarks of the manufacturer or the type of
paper.
(4) Weight and thickness — The may be measured
by means of the paper micrometer. Papers are designated
in weight which is in turn related to the thickness of the
sheet.
Ink:
Iron ink — Commonly used in
ink and still the basis of the greatest number of commer-
cial ink. The changes in the paper may provide some
indications of the age of the writing.
(2) It may be a solution of a single or a mixture of dyes.
This is a common constituent of inks.
(3) Logwood ink — Made of logwood extract with salts of
iron, copper, or chromium.
(4) Carbon ink — It is a fine suspension in water of carbon
with stabilizing agent. India ink is an example of this
type of ink.
(5) Ballpoint ink — A thick suspension of dye in a liquid
which is usually a drying oil (Crime Phy-
Evidence and the Police by Paul L. Kirk,
p. 446).
ASPECTS OF IDENTIFICATION 69
lighting facilities.
>se of Handwriting Examination:
the document was written by the suspect.
Whether the document was written by the person whose signature
it bears.
the writing contains additions or deletions.
the document such as bills, suicide notes or
checks are genuine or a forgery.
Points to be Considered in Questioned Document Examination:
Size, slant, spacing, proportion of the letters, speed and rhythm in
writing, shading and change of position in pen hold, pressure, pen-
lift, initial and terminal strokes, alignment, etc.
Inasmuch as handwriting examination is basically comparative,
the standard for such comparison must be suitable and sufficient.
The greater the variation in a way of writing, the greater is the
amount of standard writing needed to form a reliable impression.
Handwriting examination by comparison with known standards:
To determine whether a certain instrument or document has been
written by a certain person, it is necessary to compare the writings
on such instrument or document with some standard writings of
the same person for the purpose of comparison and determine the
similarities.
The standard (exemplar) writings with which the questioned
writing has to be compared are of two types:
1. Collected (procured) — These consist of handwriting
by the person who is suspected to have written the questioned
document. It may be found in the private or public records of
LEGAL MEDICINE
B.
Length of body
Length of manubrium x 100 46.2 (male and
54.3 (female)
Femur:
Pearson and Bell made a study of the sex difference in the
femur:
Male Female
Right Left Right Left
width 80.147 79.404 70.123 69.886
2. Vertical diameter
head 47.059 46.769 41.123 40.765
3. External condyle
oblique length 61.846 61.048 55.804 55.176
Vertical diameter
of neck 33.849 34.337 29.337 29.520
D. Humerus:
Dwight gives the following measurement for male and female
bones
Male Female
1. Vertical diameter of head 48.7 42.6
2. Transverse diameter of head 44.6 38.9
E.
Male Female
Less curve of shaft. More curve of shaft.
2. Mastoid process larger. 2. Predominance of cranial roof
over cranial base Mastoid pro-
cess smaller.
3. Cranium placed horizontally 3. Cranium placed horizontally
rests on mastoid process. rests on the occipital and
bones.
4. Styloid process shorter. 4. Styloid process longer and
slender.
5. Forehead higher and more 5. Forehead less high and more
oblique. vertical.
6. Superciliary ridges less sharp 6. Superciliary ridges
or more rounded.
7. Zygomatic arches and frontal 7. Zygomatic arches and frontal
sinuses more prominent. less prominent.
8. Lower jaw larger and wider. 8. Lower jaw narrower and
lighter and chin not
82 LEGAL MEDICINE
3. Extremities:
Length of the lower leg
a. Crural Index x 100
Length of the upper leg
95 — 98 —
98 — Mongolian and Malayan
Length of humerus of radius x 100
b.
Length of femur Length of tibia
(Modi p. 22)
Indian — 67.27
European - 70.4
Negroes
Length of humerus
Index x 100
Length of femur
MOLAR
root
more important
than eruption
E DETERMINATION SEX
Legal Importance of Sex Determination:
As an aid in identification:
Habit, social life, manner of dressing, physical features and
ASPECTS OF IDENTIFICATION 87
inclination are generally dependent on the sex. These points are
useful in
2. To whether an individual can exercise certain obli-
gations by law to one sex only:
The person who has reached majority is qualified for all acts
of civil life, save the exceptions established by this Code in special
cases. (Art. 402, Civil Code).
of the capacity to contract marriage:
Any male of the age of sixteen years or upwards, and any
female of the age of fourteen years or not under any
of the impediments mentioned in articles 80 to 84 may contract
marriage (Art. 54, Civil Code).
a requisite to certain crimes:
— Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise un-
conscious; and
3. When the woman is years of even though
neither of the in the two preced-
ing paragraphs shall be present (Art. 335, Revised Penal
Code).
— The penalty provided for parricide in article
and for murder in article 248 shall be imposed upon any person
who shall kill any child less than three days of age (Art. 255,
Penal Code).
MICROSCOPIC EXAMINATIONS:
Saline extract of the stain is examined under the microscope.
Note the presence of red blood cells, leucocytes, epithelial cells and
microorganisms. The presence of red blood cells will conclusively
show that the stain is blood. By microscopic examination, we can
differentiate the origin or the part of the body it came from. Men-
strual blood will show abundance of vaginal epithelial cells and Doe-
bacilli.
MICRO-CHEMICAL TESTS:
Hemochromogen or
A fragment of the suspected material is placed on a slide glass and
a drop of hemochromogen reagent is added. A cover glass is
placed on top and heated gradually for a time, then examined
under the microscope. Crystals varying from salmon color to
dark brown and pink and which are irregular rhomboids or in
clusters, may be seen. This test is positive to any substance
containing hemoglobin.
solution:
Sodium hydroxide 3 cc.
Pyridine 3 cc.
Glucose (saturated .3 cc.
Distilled water 7
Hemochromogen
100 LEGAL MEDICINE
2. blood or
On the microscopic slide is placed fragments of the stain and a
drop of water with trace of sodium chloride added. Add glacial
acetic acid and evaporate to dryness under a cover slip. Dark
Drown rhombic prisms of chloride of hematin are formed. This
is considered as the best of the test.
of test:
A particle of dried stain or a fiber of the stained fabric is placed
on a glass slide and covered with a cover slip with a needle inter-
posed to prevent direct contact of the cover slip with the slide.
A drop of acetone is run under the cover slip so that the material
surrounded and a drop of diluted oxalic or acetic acid is then
added. When examined under high power microscope, small
dark, crystals of acetone-haemin are seen.
SPECTROSCOPIC EXAMINATIONS:
This examination depends on the principle that blood pigments
have the power to absorb light of certain wave length and produce
certain characteristic absorption bands on the spectrum. By means
of the spectroscope we can determine the presence of the following
substances:
From fresh blood stains:
a. Oxyhemoglobin
b. Hemoglobin
Reduced hematin or
2. From older stains:
a.
b. Alkaline hematin
d. Reduced hematin
3. Other blood preparations:
a. Acid hematin
b. Alkaline hematin
d. Hematin
BIOLOGIC EXAMINATIONS:
Precipitin
This test is to determine whether the blood is of human origin
or not.
Principle of the test:
By injecting an animal, a rabbit, with blood
of unrelated animal, an anti-serum is produced in the blood of
the animal injected. The serum of this animal injected is capable
ASPECTS OF IDENTIFICATION 101
will make the red blood cells suspension remain even. But
suspended in the serum of another group, the red blood cells
clump with one another and this is called agglutination. The red
blood cells contain agglutinogens and the serum contains agglu-
tinins.
Procedure of the test:
Two methods may be utilized and both should be employed
in the
a. Detection of agglutinins
b. Detection of agglutinogens
a. Detection of agglutinins:
A saline extract is made on the stain. The solution is then
mixed on a slide glass with A, B, and O cell suspensions. The
results should be examined after agitation for several hours until
a decisive reading is possible.
b. Detection of agglutinogens:
Agglutinogens cannot be detected in dried stains since the
red blood cells lose this power on drying, but the presence may
be shown by their ability to absorb agglutinins A and B and
their power to inhibit the action of the sera containing these
agglutinins from the test sera. When these are subsequently
tested against known test corpuscles, the absorption which has
taken place will become apparent. Corresponding absorption
will result if only agglutinogen or B is present in the stain.
The portion of stained material should be mixed with Group
O serum. (Medical Jurisprudence and Toxicology by
8th p. 308).
Value of the test:
It may solve disputed parentage (paternity or A
positive result is not conclusive that the one in question is the
offspring, but a negative result is conclusive that he is not the child
of the alleged parents.
Inheritance Patterns of ABO Blood Groups:
Group of Group of Exclusion
Parents Children Cases
OxO A, B, AB
Ox A B, AB
OxB A, AB
Ax A O, A B, AB
AxB O, A, B, AB
BxB O, B A, AB
AB A, B 0 , AB
AB A, B, AB 0
104 LEGAL MEDICINE
AB A, B, AB
AB A, B, AB
Inheritance of type
Possible Children
MxM M
M, MN
MxN MN
MN x MN M, MN
MN x N MN, N
NxN N
Grouping is true not only with blood but also with other fluids
of the body like saliva, vaginal secretion, seminal fluid, milk, urine
and others.
Age of the Blood Stains:
When blood is exposed to the atmosphere or some other influ-
ences, its hemoglobin is converted to or hematin.
The color is changed from red to reddish-brown. The presence of
acid accelerates the of hematin. These changes take place
in warm weather within 24 hours. Blood of one week old and that
of six weeks may not present a difference in physical and chemical
properties.
Differential Characteristics of Blood from Different Sources:
Arterial Blood:
a. Bright scarlet in color.
b. Leaves the blood vessel with pressure.
High oxygen contents.
2. Venous Blood:
a. Dark red in color.
b. Does not spill far from the wound.
Low oxygen content.
3. Menstrual Blood:
a. Does not clot.
b. Acidic in reaction owing to mixture with vaginal mucous.
On microscopic examination, there are vaginal epithelial cells.
d. Contains large number of bacillus.
4. or Woman's Blood:
There is no method differentiating a man's blood from a wo-
man's blood. Probably, the presence of sex hormone in female
blood may be a point of differentiation.
5. Child's Blood:
a. At birth, it is thin and soft compared with that of adult.
b. Red blood cells are nucleated and exhibit greater fragility.
Red blood cells count more than in adult.
ASPECTS OF IDENTIFICATION
The fibers have typical large cavities which are not uniform but
vary with the degree of contraction of the walls of the fibers
which are
The ends are blunt.
The fibers are stained red with and yellow with
aniline sulphate, also with iodine and sulfuric acid.
6. Wool
These fibers can easily be distinguished from vegetable fibers
since the former show an outer layer of flattened cells and im-
bricated margins.
The are composed of fibrous tissues but sometimes
the medulla is present.
They do not dissolve in a solution composed of copper sulphate,
sodium carbonate and ammonia.
Stain is yellow with iodine and sulfuric acid and also with
picric acid.
Do not dissolve in sulfuric acid.
of singeing on burning.
7. Silk Fibers:
Manufactured silk is almost structureless, microscopically.
Fibers stain is brown with iodine and sulfuric acid and yellow
with picric acid.
dissolve slowly in a mixture of copper sulphate, sodium
and ammonia.
Linen Fibers:
Fibers are straight and tapering to a point.
Cortical area shows transverse lines which frequently
simulating a jointed appearance.
The medullary region shows a thin dense line.
They do not dissolve in concentrated sulfuric acid.
If placed in 1% alcoholic solution of and then in a
solution of ammonium hydroxide, they assume a bright red
color (Medical Jurisprudence and Toxicology by 8th
P.
The Vegetable and Animal Fibers may be Differentiated as Follows:
1. Ignition
a. Animal fibers — Burn and fuse; smell of burnt hair, fused
and globular; fume turns red litmus to
blue.
b. Vegetable fibers — Rapid combustion, end charred and break
sharply; smell of burning wood; vapor
turns blue litmus to red.
MEDICO-LEGAL OF IDENTIFICATION 107
2. Chemical Use of concentrated nitric
a. Animal fibers — Turn yellow.
b. Vegetable fibers — No change in color.
3. Picric acid test:
a. Wool and silk — Yellow.
b. Cellulose — No
4. Reagent
a. Wool and silk — Turn brown.
b. Cellulose — Turn
5. Soaked in tannic acid:
a. Wool and silk — No change.
b. Cellulose fibers —
6. Heated with 10% NaOH:
a. Wool and silk — Dissolve.
b. Cellulose — Not affected.
Once the fibers are found to be of animal origin, the next step
is the examination to determine whether these fibers are human
hair or hair of other animals:
Parts of the Hair:
1. Cuticle — The outer layer of the hair.
2. Cortex or middle layer — Consists of longitudinal fibers bearing
the pigment.
3. Medulla or core — Contains air bubbles and some pigments.
Differences Between Hair Forcibly Extracted and Naturally Shed Hair:
If a has been extracted forcibly, the bulb is irregular in
form due to rupture of the sheath and shows an undulating surface,
together with excrescences of different shapes and sizes. A naturally
shed bulb has a rounded extremity, a smooth surface, and most
show signs of atrophic or fatty degeneration, especially
in an elderly person (Medical Jurisprudence and Toxicology by
8th p. 99)
Distinctions between Human and Animal Hair
Human Animal
Medulla
Air network in fine grains. Air network in forms of
large or small sacks.
Cells invisible without treatment Cells easily visible.
in water.
Value of I lower than 0.3. Value of I higher than
Fuzz without medulla. Fuzz with medulla.
108 LEGAL MEDICINE
Cortex
Looks like a thick muff. Looks a fairly thin
hollow cylinder.
Pigments in the form of fine Pigments in the form of
grains. irregular grains larger
than that of
Cuticle
Thin scales not protruding, co- Thick scales protruding,
vering one another to about do not cover one ano-
4/5. ther to the same degree
as the human's.