Chapter I

GENERAL CONSIDERATION
a branch of medicine which with the
application of medical knowledge to the purposes of law and in the
administration of justice. It is the application of basic and clinical,
medical and paramedical sciences to elucidate legal matters.
Originally the terms legal medicine, forensic medicine and medical
jurisprudence are synonymous and in common practice are used
interchangeably. This concept prevailed among countries under the
Anglo-American influence.
The concept and practice of legal medicine in the Philippines is
of Spanish origin. In modern times, especially in continental Euro-
pean legal medicine has a similar meaning as the term
forensic medicine, although, strictly speaking, legal medicine is
primarily the application of medicine to eases while forensic
medicine concerns with the application of medical science to eluci-
legal problems. On the other hand, jurisprudence
denotes in rela-
tion to the practice of medicine. It concerns with the study of the
rights, duties and obligations of a medical practitioner with parti-
cular reference to those arising from relationship.
According to the Rules of Court (Sec. 5, Rule 138) Medical
Jurisprudence is one of the subjects in the law course before ad-
mission to the bar examination. This is based on the original concept
but actually it must be the study of medicine as it was the
intention and practice in the past.
Scope of Legal Medicine:
The scope of legal medicine is quite broad and encompassing. It
is the application of medical and paramedical sciences as demanded
by law and administration of justice. The knowledge of the nature
and extent of wounds has been acquired in surgery, abortion in
gynecology, sudden death and effects of trauma in pathology, etc.
aside from having knowledge of the basic medical sciences, like
anatomy, physiology, biochemistry, physics and other allied sciences.
of the Study of Legal Medicine:
A of legal medicine means the ability to acquire facts,
the power to arrange those facts in their logical order, and to draw a
1
2 LEGAL MEDICINE
conclusion from the facts which may be useful in the administration
of justice.
Aside from being a perceptor of fact, he must possess the power to
impart to others verbally or in writing all those he has observed.
A physician who specializes or is involved primarily with medico-
legal duties is known as medical examiner, medico-
legal officer, medico-legal expert). Inasmuch as administration of
justice is primarily a function of the state, physicians whose duties
are mainly in nature are mostly in the service of the
government.
Health officers, medical officers of enforcement agencies and
members of the staff of hospital are authorized
by law to perform autopsies (Sec. 95, P.D. 856, Code of Sanitation).
However, is the duty of every physician, when called upon by the
judicial authorities, to assist in the administration of justice on
matters which are medico-legal in (Sec. 2, Art. Code
of Medical Ethics of the Medical Profession of the Philippines).
To be involved in medico-legal duties, a physician must possess
sufficient knowledge of pathology, surgery, gynecology, toxicology
and such other branches of medicine germane to the issues involved.
Between an Ordinary Physician and a Medical Jurist:
An ordinary physician sees an injury or disease on the point of
view of treatment, while a sees injury or disease on
the point of view of cause.
2. The purpose of an ordinary physician examining a patient is to
arrive at a definite diagnosis so that appropriate treatment can be
instituted, while the purpose of the medical jurist in examining a
patient is to include those bodily lesions in his report and testify
before the court or before an investigative body; thus giving
justice to whom it is due.
3. Minor or trivial injuries are usually ignored by an ordinary clinician
inasmuch as they do not require usual treatment. Superficial
abrasions, small contusion and other minor injuries will heal with-
out medication. However, a medical jurist must record all bodily
injuries even if they are small or minor because these injuries may
be proofs to qualify the crime or to justify the act.
Examples: a. The presence of physical injuries of a victim of
sexual may be presumptive proof that force
was applied in the commission thereof, hence the
crime committed must be rape.
 GENERAL CONSIDERATION 3
b. The presence of physical injuries on the offender of
the crime of physical injuries may be a proof that the
victim acted in self-defense.
Other Definitions:
Law is a rule of conduct, just, obligatory, laid by legitimate power
for common observance and benefit. It is a science of moral laws
founded on the rational nature of man which regulates free activity
for the realization of his individual and social ends under the
aspect of mutual demandable independence. (1
The word includes regulations and circulars which are
issued to implement a law and have, therefore, the effect of law.
of Law:
a. It is a rule of
b. It is dictated by legitimate power; and
Compulsory and obligatory to all (Civil Code by
Forms of Law:
a. Written or Statutory Law (Lex Scripta):
This is composed of laws which are produced by the country's
legislations and which are defined, codified and incorporated
by the law-making
Example: Laws of the
Unwritten or Common Law (Lex non Scripta):
This is composed of the unwritten laws based on immemorial
customs and usages. It is sometimes referred to as case law,
common law, jurisprudence or customary law.
Laws of England

It denotes anything belonging to the court of law or used in

court or legal proceedings or something fitted for legal or public
argumentations (Black's Law Dictionary, 4th
3. Medicine:
Medicine is a science and art dealing with prevention, cure and
alleviation of disease. It is that part of science and art of restoring
and preserving health.
The term medicine is also applied to a science and art of diag-
nosing, treating, curing and preventing disease, relieving pain,
and improving the health of a
4. Legal:
Legal is that which pertains to law, arising out of, by virtue of
or in law. It also refers to anything conformable to the
letters or rules of law as it is administered by the court.
4 LEGAL MEDICINE
5.
It is a practical science which investigates the nature, origin,
development and functions of law. It is a science of giving a wise
interpretation of the law and making just application of them to
all cases as they arise.
Judicial decisions applying or interpreting the laws shall form a
part of the Philippine jurisprudence. The decisions contemplated
are those rendered by the Supreme Court which is the arbiter
on legal issues. However, the decisions of the Court of Appeals
may serve as precedent for inferior courts on points of facts.

Principle of Stare Decisis:

A principle that, when the court has once laid down a principle of
law or as applied to a certain state of facts, it will
adhere to and apply to all future cases where the facts are sub-
stantially the same.
The principle is one of policy, grounded on the theory that
security and certainty require that accepted and established legal
principles, under which right may accrue, be recognized and fol-
lowed, though later found to be not legally sound, but whether
previous holding of court shall be adhered to, modified or over-
ruled is within the court's discretion under the circumstance of the
case before it (Black's Law Dictionary, 4th

Branches of Law Where Legal Medicine may be Applied:

1. Civil Law — Civil law is a mass of precepts that determines and
regulates the relation of assistance, authority, and obedience
between members of a family and those which exist among
members of a society for the protection of private interest (San-
chez Roman).
Our civil laws are scientifically and systematically compiled in
the Civil Code of the Philippines (Republic Act No. 386).
In civil knowledge of legal medicine may be useful on the
following:
a. The determination and termination of civil personality (Art. 40
and 41),
b. The limitation or restriction of a natural person's capacity to
act (Art. 23 and 39);
The marriage and legal separation (Book I, Title III & IV);
d. The paternity and filiation I, Title VIII); and
e. The capacity of a person making a will (Book III,
Title IV).
 GENERAL CONSIDERATION

2. Criminal Law — law is that branch or division of law

which defines crimes, treats of their nature and provides for their
punishment.
It is a body of specific rules regarding human conduct which have
been promulgated by political authority, which apply uniformly
to all members of the classes to which the rules refer, and which are
enforced by punishment administered by the state
Cressey, Criminology, 7th p. 4).
Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory,
subject to the principles of public international law and to treaty
stipulations (Art. 14 Civil Code).
The Philippine criminal law is codified in the Revised Penal
Code and may also be found in the penal provisions of the special
laws.
Legal medicine is applicable in the following provisions of the
penal
a. Circumstances affecting criminal liability (Title I);
b. Crimes against person (Title VIII), and
Crimes against chastity (Title XI).
3. Remedial Law — Remedial law is that branch or division of law
which deals with the rules concerning practices and
procedures in all courts of the Philippines.
It is the law which gives a party a remedy for a wrong. It is
intended to afford a private remedy to a person injured by the
wrongful act. It is a designed law, which redresses an existing
grievance or introduces regulation conducive to public good
(Black's Law Dictionary, 4th
Our remedial law is embodied in the Rules of Court of the
Philippines and also in the remedial provision of Special Laws.
Legal Medicine may be applied in the following provisions of
the Rules of
a. Physical and mental examination of a person (Rule 28);
b. Proceedings for hospitalization of an insane person (Rule
and
Rules on evidences (Part IV).
4. Special Laws:
a. Dangerous Drug Act (R.A. 6425, as amended)
b. Youth and Child Welfare Code (P.D. 603)
Insurance Law (Act No. 2427 as amended)
d. Code of Sanitation (P.D. 856)
6 LEGAL MEDICINE
e. Labor Code (P.D. 442)
f. Compensation Law
Some Bask Principles Governing Application and Effects of Laws:
Ignorance of the law no one from therewith
or nominem (Art 3, Civil Code):
The main reason for the provision is to prevent ignorance of
the law as a means of defense for violation of the law. The
vision refers to all kinds of domestic laws on grounds of
diency, policy and necessity.
of the law" may refer to the literal wordings of the
law and also to the meaning or interpretation given to the law.
But the rule is not inflexible. It may only be applied when it is
clearly manifested and inexcusably ignorant of the law.
Mere ignorance of the facts of the law would furnish immunity
from the punishment for violation of the penal code and immunity
from the liability for actual loss for violation of personal or prop-
erty right.
2. Laws shall have no retroactive effect, unless the contrary is
vided (Art. 4, Civil Code):
A law can only be applied to cases after its promulgation
must not be given retroactive application.
A law, however, may be given retroactive effects in the follow-
ing instances:
a. When the law provides the contrary (Art. 4, Civil Code).
b. Penal laws shall be given retroactive effect if favorable to the
accused who is not habitually delinquent (Art. 22, Revised
Penal Code).
When the statute is remedial in nature because there is no vested
right in the rules of procedure.
d. When the law creates a new substantive right.
3. Rights may be waived, unless the waiver is contrary to law, public
order, public policy, morals or good or prejudicial to a
third person with a right by law (Art. 6, Civil Code):
A right is the power, privilege, faculty which entitles a man to
have, or to do, or to receive from another within the limits
prescribed by law. Waiving is the intentional or voluntary
quishment, abandonment or throwing away, renunciation, sur-
rendering of a known right.
The rights granted to a person by law may be waived but in the
following cases, the law does not allow such
a. When such waiver will be contrary to the existing
 GENERAL CONSIDERATION 7
b. When it is against public order, public policy, morals and good
customs.
When in so waiving it is prejudicial to a third person with a right
recognized by law.
4. which are contrary to law, public order or public policy
shall not be countenanced (Art. 11, Civil Code). A custom must
be proved as a fact according to the rules of evidence (Sec. 12,
Civil Code):
Custom is a usage or practice of the people, which by common
adoption and acquiescence and by long and unvarying habit, has
become compulsory and has acquired the force of a law with
respect to the place and to which it relates
Law Dictionary, 4th
Customs constitute sources of supplementary law in default of
specific legislation.
However, if the custom is contrary to the existing law or to
public order and policy, the law must prevail.
5. Laws are repealed only by subsequent ones, and their violation or
shall not be excused by disuse, custom or practice
to the contrary.
When the court declares a law to be inconsistent with the con-
the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall
be valid only when they are not contrary to the laws or the con-
stitution (Art. 7, Civil Code):
The constitution is the fundamental law of the land. All acts,
administrative or executive orders contrary to the provision of
the constitution shall be deemed void.
Any existing law which is inconsistent with a subsequent law
is deemed repealed by the latter law.
Administrative or executive acts, orders and regulations are con-
sidered valid when they are not in contravention with the existing
laws.

BRIEF HISTORY OF LEGAL MEDICINE

IN WORLDWIDE SCALE:
The earliest recorded medico-legal expert was Imhotep (2980
B.C.). He was the chief physician and architect of King Zoser of
the third dynasty in Egypt and the builder of the first pyramid.
That time was the first recorded report of a murder trial written
on clay tablet.
8 LEGAL MEDICINE

The Code of Hammurabi, the oldest code of law (2200 B.C.)

included legislation on adultery, rape, divorce, incest, abortion and
violence.
Hippocrates (460-355 B.C.) in Greece discussed the lethality
of wounds. Aristotle (384-322 B.C.) fixed animation of fetus at
the 40th day after conception.
About 300 B.C. the Chinese materia gave information
on poison including aconite, arsenic and opium. Hashish was said
to have been used as a narcotic in surgery about 200 B.C.
That bodies of all women dying during confinement should
immediately be opened in order to save the life was pro-
mulgated during the reign of in Rome (600
B.C.).
The first surgeon" or forensic pathologist was Antis-
tius. Julius Caesar (100-44 B.C.) was murdered and his body was
exposed in the forum and Antistius performed the autopsy. He
found out that Julius Caesar suffered from twenty-three wounds
and only one penetrated the chest cavity through the space be-
tween the first and second ribs.
Justinian (483-565 A.D.), in his Digest, made mention that a
physician is not an ordinary witness and that a physician gives
judgment rather than testimony. This led to the recognition of
expert witness in court.
The first textbook in legal medicine was included in the Consti-
Carolina which was promulgated in 1532 during
the reign of Emperor Charles V in Germany.
Pope Innocent III (1209) issued an edict providing for the
appointment of doctors to the courts for the determination of the
nature of wounds.
Pope Gregory IX, in 1234, caused the preparation of Nova
which concerned medical evidence, mar-
riage, nullity, impotence, delivery, caesarian section, legitimacy,
sexual offenses, crime against persons and witchcraft.
In the 14th century, Pope John XXII expressed the need of
experts in the ecclesiastical courts, in the diagnosis of leprosy and
many medico-legal documents.
In China, the Hsi Yuan Lu (Instructions to Coroner) was pub-
lished. It is a five volume book dealing with inquest, criminal
abortion, infanticide, signs of death, assault, suicide, hanging,
strangling, drowning, burning, poisoning and antidotes, and
examination of the dead.
 GENERAL CONSIDERATION 9
In 1575, Ambroise Pare considered legal medicine as a separate
discipline and in his book, abortion, infanticide,
death by lightning, hanging, drowning, feign diseases, distinction
between ante-mortem and post-mortem wound and poisoning by
carbon monoxide and by corrosives.
Paulus a papal physician, is regarded as
the of forensic medicine." He published
which dealt with the legal aspects of wounds and
the first two chapter dealt with the detection of secret homicide.
In 1598, Pineau published in Paris a work on virginity
and defloration. He confirmed the existence of the hymen and
that it may not rupture during sexual intercourse.
(1787-1853) introduced chemical methods in toxicology.
In his des Poison, he mentioned mineral, vegetable and
animal poison in relation with physiology, pathology and legal
medicine. He was considered later as the founder of modern
toxicology.
The period thereafter is characterized by an appreciable in-
crease in available publication on the subject dealing with modem
innovative findings and procedures related to medical progress and
changes in the laws.
2. IN THE PHILIPPINES:
In 1858, the first medical textbook printed including per-
tinent instructions related to medico-legal practice by Spanish
physician, Dr. Rafael y Mas, Chief Army Physician,
entitled "Manual de
In 1871, teaching of legal medicine, included as an academic
subject in the foundation of the School of Medicine of the Real
y Pontifica Universidad de Santo
On March 31, 1876 by virtue of the Royal Decree No. 188, of
the King of Spain, the position of "Medico was created
and made in charge of public sanitation and at the same time
medico-legal aid in the administration of justice.
In 1894, rules regulating the services of those "Medico Titular
y was published.
In 1895, medico-legal laboratory was established in the City of
Manila and extended at the same time its services to the provinces.
In 1898, American Civil Government preserved the Spanish
forensic medicine system.
1901, Philippine Commission created the provincial, insular
and municipal Board of Health (Act Nos. 157, 307 and 308) in
the Philippines and assigned to the respective inspectors and pres-
10 LEGAL MEDICINE

idents of the same, medico-legal duties of the

of the Spanish regime. The Philippine Legislature maintained the
pre-existing medico-legal system in full force in the Administrative
Code.
In 1908, the Philippine Medical School incorporated the teach-
ing of Legal Medicine, one hour a week to the fifth year medical
students.
In 1919, the University of the Philippines created the Depart-
ment of Legal Medicine and Ethics with the head having the salary
of 4,000.00 pesos per annum, half-time basis, with Dr. Sixto de
Angeles as the
On January 10, 1922, the head of the Department of Legal
Medicine and Ethics became the Chief of the Medico-Legal De-
partment of the Philippine General Hospital without pay.
On March 10, Philippine Legislature enacted Act. No.
1043 which became incorporated in the Administrative Code as
Section 2465 and provided that the Department of Legal Medicine,
University of Philippines, became a branch of the Department
of Justice.
On December 10, 1937, Commonwealth Act. No. 181 was
passed creating the Division of Investigation under the Department
of Justice. The Medico-Legal Section was made as an integral part
of the Division with Dr. Gregorio T. Lantin as the chief.
On March 3, 1939, the Department of Legal Medicine of the
College of Medicine, University of the Philippines was abolished
and its functions were transferred to the Medico-Legal Section of
the Division of Investigation under the Department of Justice.
On July 4, 1942, President Jose P. Laurel consolidated by
executive order all the different law-enforcing agencies and created
the Bureau of Investigation on July
In 1945 immediately after liberation of the City of Manila, the
Provost Marshal of the United States Army created the Criminal
Investigation Laboratory with the Office of the Medical Examiner
as an integral part and with Dr. Mariano Lara as Chief Medical
Examiner.
On June 28, 1945, the Division of Investigation, under the
Department of Justice was reactivated.
On June 19, 1947, Republic Act. No. 157 creating the Bureau
of Investigation was passed. The Bureau of Investigation was
created by virtue of an of the President of the
Philippines. Under the a Division was created
with Dr. Enrique V. de los Santos as the Chief.
 GENERAL CONSIDERATION 11
There exists a Medico-Legal Division in the Criminal Laboratory
Branch of the G-2 of the Philippine Constabulary. All provincial,
municipal and city health officers, physicians of hospitals, health
centers, asylums, penitentiaries and colonies are ex-officio medico-
legal
In remote places where the services of a registered physician was
not available, a "Cirujano may perform medico-legal
work. However, after the approval of Republic Act 1982 on
June 15, 1954 which provided for the creation of rural health
unit to each municipality composed of municipal health officer, a
public nurse, a midwife and a sanitary inspector virtually abolished
the appointment of Cirujano Ministrante thereby making qualified
physicians to perform medico-legal functions.
June 18, 1949, Republic Act 409 which was later amended by
Republic Act 1934 provides (Sec. 38) for the creation of the of-
fice of the Medical Examiners and Criminal Investigation Labo-
under Department of the City of Manila.
On December 23, 1975, Presidential Decree 856 was promul-
gated and Sec. 95 provides:
A. Persons authorized to perform autopsies:
Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals
B. Autopsies shall be performed in the following cases:
Whenever required by special laws;
2. Upon order of a competent court, a mayor and a provin-
cial or city fiscal;
3. Upon written request of police authorities,
4. Whenever the Solicitor General, provincial or city fiscal
deem it necessary to disinter and take possession of the
remains for examination to determine the cause of death;
and
5. Whenever the nearest kin shall request in writing the
authorities concerned to ascertain the cause of death.

MEDICAL EVIDENCE
Evidence is the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a matter of
fact (Sec. 1, Rule 128, Rules of Court).
It the of proof, or probative matter, legally presented at
the trial of an issue by the act of the parties and through the medium
12 LEGAL MEDICINE

of witnesses, records, documents, concrete objects, etc., for the pur-

pose of inducing belief in the minds of the court as to their content-
Law Dictionary, 4th
If the means employed to prove a fact is medical in nature then it
becomes a medical evidence.
Same in all — The rules of evidence shall be the same in
all courts and on all trials and hearings, whether civil or criminal
(Sec. 2, Rule 128, Rules of Court).
Admissibility of evidence — Evidence is admissible when it is
relevant to the issue and is not excluded by these rules (Sec. 3, Rule
128, Rules of Court).
It is considered relevant when it has the tendency to prove any
matter of fact. It is something which by the process of logic, an
inference may be made as to the existence or non-existence of a fact
at issue.
Relevancy of evidence (collateral matters) — Evidence must have
such a relation to the fact in issue as to induce belief in its existence
or non-existence; therefore, collateral matters shall not be allowed,
except when they tend in any reasonable degree to establish the
probability or improbability of the fact at issue (Sec. 4, Rule 130,
Rules of Court).
Collateral matters are those different from those or do not cor-
respond with the matters in issue.
Types of Medical
Autoptic or Real Evidence:
This is an evidence made known or addressed to the senses of the
court. It is not limited to that which is known through the sense
of vision but is extended to what the sense of hearing, taste, smell
and touch is perceived.
Sec. 1, Rule 130, Rules of Court — View of an object — When-
ever an object has such a relation to the fact in issue as to afford
reasonable ground of belief respecting the latter, such object may
be exhibited to or viewed by the court, or its existence, situation,
condition, or character proved by witnesses, as the court in its
discretion may determine.
The court may require the physician to present the skeleton of
the victim of a criminal act exhumed and examined for the judge
to see the presence and degree of the ante-mortem fracture.
Limitations to the Presentation of Autoptic Evidence:
a. Indecency and — Presentation of an evidence may
be necessary to serve the best interest of justice but the notion
of decency and delicacy may cause inhibition of its presentation.
 GENERAL CONSIDERATION 13
The court may not allow exposure of the genitalia of an
alleged victim of sexual offense to show the presence and degree
of the genital and extra-genital injuries suffered by the victim.
There are other ways for the court to know the facts other than
actual exhibition.
b. Repulsive Objects and those Offensive to Sensibilities — Foul
smelling objects, persons suffering from highly infectious and
communicable disease, or objects which when touch may mean
potential danger to the life and health of the judge may not be
presented.
However, if such evidence is necessary in the adjudication of
the case, the question of indecency and impropriety or the fact
that such is repulsive or offensive to sensibilities, it
may be presented. This will depend on the sound discretion of
the court.
Testimonial Evidence:
A physician may be commanded to appear before a court to
give his testimony. While in the witness stand, he is obliged to
answer questions by counsel and presiding officer of
the court. His testimony must be given orally and under oath or
affirmation.
A physician may be presented in court as an ordinary witness
and/or as an expert witness:
a. Ordinary Witness:
A physician who testifies in court on matters he perceived
from his patient in the course of physician-patient relationship
is considered as an ordinary witness.
Sec. 18, Rule 130, Rules of Court — Their
fication — Except as provided in the next succeeding section,
all persons who, having organs of sense, can perceive, and per-
ceiving, can make known their perception to others, may be
witnesses. Neither parties nor other persons interested in the
outcome of a case shall be excluded; nor those who have been
convicted of crime; nor any person on account of his opinion
on matters of belief.
One of to the ordinary witness rule is the
privilege (confidential) between physician
and patient. Although the physician perceived something
through his organ of sense and has the power to transmit to
others what he perceived, he is not allowed to disclose those
informations to others as regards to matters he perceived from
his patient during the physician-patient relationship.
14 LEGAL MEDICINE
Sec. 21(c), Rule 130, Rules of Court — Privileged
cation — A person authorized to practice medicine, surgery or
obstetrics cannot in a civil case, without the consent of the
patient, be examined as to any information which he may have
acquired in attending such patient in a professional capacity,
which information was necessary to enable him to act in that
capacity, and which would blacken the character of the patient.
A medical witness can only testify on matters derived by his
own perception. informations are as a rule not ad-
missible court. Hearsay evidences are those not proceeding
from the personal knowledge of the witness but from mere
repetition of what he has heard others say. It is "second
hand" evidence which rest mainly on the and
petence of its source.
Sec. 30, Rule 130, Rules of Court — Testimony generally
confined to personal knowledge — A can only
to those facts which he knows of his knowledge; is,
which are derived from his own perception, except as other-
wise provided in these
One of the exceptions to the of hearsay
evidence is dying declaration. The declaration of a dying person
under the consciousness of his impending death as regards
circumstance regarding his impending death is admissible in
spite of the fact that it is a hearsay, it is made so because of
necessity and it is trustworthy.
to the hearsay Sec. 31, Rule 130, Dying
declaration — The declaration of a dying person, made under a
consciousness of an impending death, may be received in a
criminal case wherein his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such
death.
Physicians are frequent recipients of dying declaration in the
medical clinics and emergency rooms of hospitals. To be ad-
missible it must be shown that the declarant was conscious of
his impending death, that the declaration must be with regards
to his impending death; that the declarant was in full possession
of his mental faculties when he made the and that
such evidence is presented in court in a case of homicide,
murder or parricide wherein the declarant was the
b. Expert
A physician on account of his training and experience can
give his opinion on a set of medical facts. He can deduce or
 GENERAL CONSIDERATION 15
infer something, determine the cause of death, or render opinion
pertinent to the issue and medical nature.
Sec. 42, Rule — Opinion Rule — General
Rule — The opinion is not except as
indicated in the section.
Sec. 43, Rule Rules of Court — Evidence — The
opinion of a witness regarding a question of science, art or
trade, when he is skilled therein, may be received in evidence.
The probative value of the expert medical testimony depends
upon the degree of learning and experience on the line of what
the medical expert is testifying, the basis and logic of his con-
clusion, and other evidences tending to show the veracity or
falsity of his testimony.
3. Experimental Evidence:
A medical witness may be allowed by the court to confirm his
allegation or as a corroborated proof to an opinion he previously
stated.
The issue as to how long a person can survive, after the ad-
ministration of lethal dose of poison can be shown by the ad-
ministration of the said poison to experimental animals within
the view of the court.
4. Documentary Evidence:
A document is an instrument on which is recorded by means of
letters, figures, or marks intended to be used for the purpose of
recording that matter which may be evidentially used. The term
applies to writings, to words printed, lithographed or photo-
graphed; to seals, plates or stones on which inscriptions are cut
or engraved; to photographs and pictures; to maps or plans
Law 4th
Medical Documentary Evidence may be:
a. Medical Certification or Report
(1) Medical examination.
(2) Physical examination.
(3) Necropsy (autopsy).
(4) Laboratory.
(5) Exhumation.
(6) Birth.
(7) Death.
b. Medical Expert Opinion.
Deposition — A deposition is a written record of evidence
given orally and transcribed in writing in the form of questions
16 LEGAL MEDICINE

by the interrogator and the answer of the deponent and signed

by the latter.
5. Physical Evidence:
These are articles and materials which are found in connection
with the investigation and which aid in establishing the identity
of the perpetrator or the circumstances under which the crime was
committed, or in general assist in the prosecution of a criminal.
The identification, collection, preservation and mode of pre-
sentation of physical evidence is known in modern parlance as
criminalistics. Criminalistics is the application of sciences such
as physics, chemistry, medicine and other biological sciences in
crime detection and investigation.
On the investigator's viewpoint, the following are the
types of physical
a. Corpus Delicti Evidence — Objects or substances which may be
a part of the body of the crime. The body of the victim of
murder, prohibited drugs recovered from a person, dagger with
blood stains or fingerprints of the suspect, stolen motor
vehicle identified by plate number and by body or engine
serial numbers are examples of corpus delicti evidence.
b. Associative Evidence — These are physical evidences which a
suspect to the crime. The offender may leave clues at the scene
such as weapon, tools, garments, fingerprints or foot impression.
Broken headlights glass found at the crime scene in "hit and
run" homicide may be associated with the car found in the
repair shop. Wearing apparel of the offender and other articles
of value may be recovered where the crime of rape was com-
mitted.
Tracing Evidence are physical evidences which may assist
the investigator in locating the suspect. Aircraft or ship manifest,
physician's clinical record showing medical treatment of suspect
for injuries sustained in an encounter; blood stains recovered
from the area traversed by the wounded suspect infer direction
of the movement are examples of tracing evidence.
Preservation of Evidences:
The physical evidences recovered during medico-legal investi-
gation must be preserved to maintain their value when presented as
exhibits in court. Most medical evidences are easily destroyed or
physically or chemically altered unless appropriate preservation
procedure are applied. This problem is further compounded by the
long space of time the evidence was recovered and its presentation in
court. From its recovery and from becoming a part of the inves-
 GENERAL CONSIDERATION 17
report, a preliminary investigation will be made by the
fiscal to prove that there is a prima facie evidence to
warrant filing of the case in court. While in court, the case further
suffers delays because of postponement of the hearings, preferential
trials of other cases, raising of prejudicial issues to higher courts, etc.
Preservation of evidence is indeed vital in medico-legal investigation.
of Preserving Evidences:
1. audio and/or video tape, micro-film, photostat,
xerox, voice tracing, etc.
Photography is considered to be the most practical, useful and
reliable means of preservation.
a. are available in many places.
b. The object preserved is reduced in size in the picture propor-
tionately with other objects adjacent or near it.
An unlimited number of copies can be reproduced, each of
which is identical to one another.
In colored photographs variation may occur in the choice
of the kind of film and printing paper used.
Identification of voice from the recording instrument may
sometimes be difficult. Audio-recording may be dependent on
the speed, volume, pitch and timbre which may be changed by
the instrument used in the recording and replaying.
2. Sketching — If no scientific apparatus to preserve evidence is avail-
able then a rough drawing of the scene or object to be preserve is
done. It must be simple, identifying significant items and with
exact measurement.
of Sketch:
a. Rough Sketch — This is made at the crime scene or during
examination of living or dead body. On the latter, an anatomic
figure of the front, back and side part of the body must be
made and the bodily lesions indicated.
b. Finished Sketch — A sketch prepared from the rough sketch for
court presentation.
Elements to be in a Sketch:
a. Measurement must be accurate.
b. Compass direction must always be indicated to facilitate proper
orientation in the case of crime scene.
Essential item which has a bearing in the investigation
included.
d. Scale and proportion must be stated by mere estimation.
18 LEGAL MEDICINE
e. There must be a title and legend to tell what it is and the mean-
ing of certain marks indicated therein.
3. Description — This is putting into words the person or thing to be
preserved. Describing a thing requires keen observation and a
good power of attention, perception, intelligence and experience.
It must cause a vivid impression on the mind of the reader, a true
picture of the thing described.
The following are the minimum standard requirements which
must be satisfied in the description of the person or thing to make
it complete:
a. Skin Lesion — kind, measurement, other descriptive
mation of the lesion location, orientation.
b. Penetrating Wound (Punctured, Stab or Gunshot) — kind,
shape, other information from the wound itself, location,
orientation, direction, other structures involved, complications
and foreign elements that may be present.
Hymenal laceration — location, degree, duration, complication.
d. Person — those requirement in portrait (see p. 53 supra).
4. Manikin Method — In a miniature model of a scene or of a human
body indicating marks of the various aspects of the things to be
preserved. An anatomical model or statuette may be used and
injuries are indicated with their appropriate legends. Although it
may not indicate the full detail of the lesion, it is quite impressive
to the viewer as to the nature and severity of the trauma.
5. Preservation in the Mind of the Witness — A person who perceived
something relevant for proper adjudication of a case may be a
witness in court if he has the power to transmit to others what he
He would just have to make a recital of his collection.
Principal drawbacks of preserving evidence in the mind of the
witness:
a. The capacity of a person to remember time, place and event
may be destroyed or by the length of time, age of the
witness, confusion with other evidences, trauma or disease,
thereby making the recollection not reliable.
b. The preservation is with the life of the witness. If
the witness dies, then the evidence is lost.
Human mind can easily be subjected to too many extraneous
factors that may cause distortion of the truth. Other persons
influence a witness to serve the interest of another or state
untruthful facts to justify an end.
6. Special — Special way of treating certain type of evidence
may be necessary. Preservation may be essential from the time it
 GENERAL CONSIDERATION 19
is recovered to make the condition unchanged up to the period it
reaches the criminal laboratory for appropriate examination.
Preservation may be needed for the remaining portion of the
evidence submitted for future verification court pre-
sentation.
Some of the Special of Preservation are:
a. Whole human body — embalming.
b. Soft tissues (skin, muscles, visceral organs) — formalin
solution.
Blood — refrigeration, sealed bottle container, addition of
chemical preservatives.
d. Stains (blood, semen) — drying, placing in sealed container.
e. Poison — sealed container.
Kinds of Evidence Necessary for Conviction:
1. Direct Evidence:
That which proves the fact in dispute without the aid of any
inference or presumption. The evidence presented corresponds to
to the precise or actual point at issue.
2. Circumstantial Evidence:
The proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute may be
inferred as a necessary or probable consequence.
When is circumstantial evidence sufficient to produce conviction?
a. When there is more than one circumstance;
b. When the facts from which the inferences are derived are
and
When the combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt (Sec. 4, Rule
Rules of

Weight and Sufficiency of Evidence:

Rule Rules of
Section 1. Preponderance of evidence, how determined. — In
civil the party having the burden of proof must establish his
case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues involved
lies, the court may consider all the facts and circumstances of the
case, the manner of testifying, their intelligence, their
means and opportunity of knowing the facts to which they
testifying, the nature of the facts to which they testify, the
20 LEGAL MEDICINE

or improbability of their testimony, their interest or want of

interest, and also their personal credibility so far as the same may
legitimately appear upon the trial. The court may also consider the
number of witnesses, though the preponderance is not necessarily
with the greatest number.
From the foregoing provision of the Rules of Court, the following
factors must be considered which party's evidence preponderate.
a. All the facts and circumstances of the case.
b. The witnesses' manner of testifying, their intelligence, their
means and opportunities of knowing the facts to which they are
testifying.
The nature of the facts to which the witnesses testify.
d. The probability and improbability of the witnesses' testimony.
e. The interest or want of interest of the witnesses.
f. Credibility of the witness so far as the same may legitimately
appear upon the trial.
g. The number of witnesses presented, although preponderance is
not necessarily with the greatest number.
Section 2 — Proof beyond reasonable doubt — In a criminal case,
the defendant is entitled to an acquittal, unless his guilt is shown
beyond reasonable doubt. Proof beyond reasonable doubt does not
mean such a degree of proof as, excluding possibility of error,
produces absolute certainty. Moral certainty only is or that
degree of proof which produces conviction in an unprejudiced mind.

It is presumed that a person is innocent of a crime until the con-

trary is proven beyond reasonable doubt. The doubt, the benefit of
which an accused is entitled in a criminal case, is a reasonable doubt,
and not a whimsical or fanciful doubt, based on imagined and wholly
improbable possibilities and unsupported by evidence.