Legal Medicine Reviewer Lecture 1 7 Compress

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THE WOMEN OF ALEITHEIA
LECTURE 1 Legal Medicine

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE ¡ 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)
Rules of Court, Rule 138 §5 ¡ Application of Medicine to Law
¡ Sec. 5. Additional requirements for other applicants. - xxx No applicant
shall be admitted to the bar examinations unless he has satisfactorily Medical Jurisprudence
completed the following courses in a law school or university duly recognized ¡ Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)
by the government: civil law, commercial law, remedial law, criminal law, ¡ Application of Law to Medicine
public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics. Forensic Science
¡ Application of a broad range of scientific disciplines to public or legal
Application of Medicine to Law concerns
CIVIL LAW
¡ determination of civil personality (NCC, art 40,41,42) Forensic Medicine
¡ limitation of person’s capacity to act (NCC, article 38, 39) ¡ Forensic Medicine – branch of medicine that deals with use of medical
¡ marriage and legal separation - psychological incapacity knowledge to elucidate legal problems; sometimes it is used synonymously
¡ paternity and filiation with Legal Medicine.
¡ testamentary capacity of a person making a will
CRIMINAL LAW Forensic Medicine
¡ Circumstances affecting criminal liability (insanity) ¡ Clinical Forensic Medicine
¡ Crimes against persons ¡ Forensic Pathology
¡ Crimes against chastity ¡ Forensic Psychiatry
¡ Dangerous Drugs Act
¡ VAWC Clinical Forensic Medicine
REMEDIAL LAW ¡ Clinical Forensic Medicine –branch of medicine that deals specifically with
¡ Physical and mental examination of the person (rule 28) cases involving both legal and medical aspects of patient care.
¡ Proceeding for hospitalization of an insane person (rule 101) ¡ Examples: Request for Physical Examination of person in custody, Aging of
¡ DNA evidence Wounds to determine if consistent with Alleged date of infliction
OTHER APPLICATIONS
¡ Labor Law – Employee’s Compensation Forensic Pathology
¡ Insurance Law ¡ Forensic pathology – subspecialty of pathology that focuses on medico-legal
¡ Special laws – Juvenile Justice Act, Code of Sanitation death investigation; for death under suspicious circumstances, medico-legal
¡ Capacity to Enter Contracts officer can conduct an autopsy
¡ Regulation of Professions – Medicine and Allied Medical Sciences
¡ Licensing of Hospitals Autopsy
¡ Duties imposed by law on Health Care providers ¡ Code on Sanitation, P.D. 856 §95 (1975)
¡ Health Insurance ¡ Person authorized to perform Autopsies:
¡ Health related Laws 1. Health officers;
2. Medical officers of law enforcement agencies; and
Application of Law to Medicine 3. Members of the medical staff of accredited hospitals.
¡ Medical Negligence
¡ Hospital Liability Autopsy
¡ Health Maintenance Organizations ¡ Autopsies shall be performed in the following cases:
¡ Medical Privacy 1. Whenever required by special laws
¡ Rights of Patients 2. By Order of Court or Fiscal
¡ Medical Records 3. Upon written request of police authorities
4. Whenever the Solicitor General, provincial or city fiscal as
Scope of the Course authorized by existing laws, shall deem it necessary to disinter and
¡ Legal Medicine take possession of remains for examination to determine the cause
¡ Medical Jurisprudence of death
¡ Forensic Science 5. Whenever the nearest kin shall Request in writing by nearest of kin
¡ Forensic Medicine the to ascertain the cause of death
Forensic Medicine – Ivy Patdu, M.D., J.D. Maya Julieta R. Catacutan-Estabillo 2016
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Autopsy ¡ Questioned Document Examination – study of all types of questioned

¡ Autopsies may be performed on patients who die in accredited hospitals documents including handwriting analysis, examination of signatures, study
subject to the following requirements: of document alterations of obliterations and examination of counterfeit bills
1. The Director of the hospital shall notify the next of kin of the death ¡ Forensic Photography – documentation of crime scene and physical
of the deceased and request permission to perform an autopsy. evidence
2. Autopsy can be performed when the permission is granted or no ¡ Dactyloscopy – study of fingerprint principles in criminal investigation
objection is raised to such autopsy within 48 hours after death. ¡ Polygraphy – specific detection of deception in relation to criminal
3. In cases where the deceased has no next of kin, the permission investigation.
shall be secured from the local health authority. ¡ Presidential Decree No. 1575 requires practitioners of dentistry to keep
and maintain an accurate and complete record of the dentition of all their
Behavioral Science patients.
¡ Forensic Psychiatry – use of psychiatric evaluation and knowledge on ¡ Upon the lapse of ten years from the last entry, dental practitioners shall
human behavior to elucidate legal problems, provision of therapeutic turn over the dental records of their patients to the National Bureau of
services Investigation for record purposes
¡ Forensic Psychology – use of knowledge of the behavioral science for
assessment of criminal behavior, provision of therapeutic services provided History
to individuals in forensic settings ¡ Hippocrates (460-355 BC) – discussed lethality of wounds
¡ Application: Determination of Age, Capacity to Act and competence, ¡ Antistius – he is the forensic pathologist who performed an autopsy on
Circumstances that modify criminal liability, Drug abuse, mental Julius Cesar (100-44 BC) and found out that Julius Cesar suffered from 23
illness, suicide, sexual deviance, Support for Victims of Sexual wounds, only one penetrated the chest cavity through the space between
Assault, Violence or Abuse, Criminal Profiling the first and second ribs.
¡ Song Ci – Father of forensic medicine. He published a 5 volume book on
Forensic Science forensic medicine that was useful reference for the Justice bureaucracy, His
¡ Forensic Entomology – application of knowledge about insects, insect Yuan Lu (Instructions to Coroner), included topics like abortion, infanticide,
identification; knowledge of their developmental and reproductive stages to drowning, poisoning, examination of dead
deal with legal problems such as time of death, and reconstruction of crime
scene. Forensics in the Philippines
¡ Forensic Odontology – the application odontology to legal problems such ¡ 1858 - first medical textbook related to medico-legal practice by Spanish
as identification of human remains, and analysis of bitemarks Physician Dr. Rafael Genard y Mas
¡ Forensic Anthropology – discipline concerned with study of skeletonized ¡ 1871 - Legal Medicine was included as a subject in the School of Medicine
human remains as they apply to identification, determination of age, sex, of Real y Pontifica Universidad de Santo Tomas
presence of trauma or disease, includes both anthropology and archaeology. ¡ 1895 – Medico-legal laboratory was established in the City of Manila
Anthropology is the study of humans, their cultures, and their biology. ¡ December 10, 1937 – Commonwealth Act No. 181 was passed creating the
¡ Forensic Toxicology – discipline that concerns itself with a study on drugs Division of Investigation under the Department of Justice. Medico-Legal
and metabolites in biological fluids with application in medico-legal cases; Section was an integral part and Dr. Gregorio Lantin was chief
study of poisons and the different types of poisoning. ¡ June 19, 1947 – Republic Act No. 157 created the Bureau of
¡ Forensic Chemistry – scientific examination and identification of physical Investigation
evidence such as blood and seminal fluids, gunpowder residues, explosives, ¡ June 18, 1949 – Republic Act 409 – creation of the Office of the
hairs and fibers, tool marks, glass fragments/fractures, paints and soil Medical Examiners and Criminal Investigation Laboratory under the
¡ DNA Analysis – use of DNA to elucidate legal problems Police Department of the City of Manila
including identification of body fluids, stains, and determination
of species. READ: Solis, Legal Medicine, 6-11 (1988)
¡ Forensic instrumentation - analytical chemistry such as spectroscopy
(how a material absorbs light – comparison of paint chips, textile fibers), Modern Forensics
chromatography(techniques to separate mixtures of solids or liquids into ¡ Before, criminal investigation relied on fingerprints and eyewitness
individual components for analysis of drugs, explosive residues) and ¡ Trace evidence
microscopy as applied to forensic examinations. ¡ DNA Evidence
¡ Forensic Computer Science – the application of knowledge on computers ¡ Improved Database
and technology to elucidate legal problems such as recovery and analysis of
digital evidence, documentation and interpretation of computer data, and Fingerprint database in the Philippines
other legal issues involving use of computer or networks as a tool or target ¡ Fingerprint database – mostly those with criminal records
in the commission of the crime. ¡ Half a million prints in database
¡ 39M unclassified fingerprint cards
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¡ Automated Fingerprint Identification System or (AFIS) - which can LECTURE 2

process 40,000 prints a minute MEDICAL SCIENCE AND THE LAW
Forensics in the Philippines
¡ Major agencies of government concerned with forensic investigations: When is a Person considered born?
1. National Bureau of Investigation – Taft Avenue, Manila ¡ Art. 40. Birth determines personality; but the conceived child shall be
2. Philippine National Police – Camp Crame, Quezon City- Scene of considered born for all purposes that are favorable to it, provided it be born
the Crime Operation (SOCO Units) later with the conditions specified in the following article.
3. Local Crime Laboratories ¡ Art. 41. For civil purposes, the fetus is considered born if it is alive at the
¡ Resources usually go to analysis of drugs and DNA 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
Crime Laboratory born if it dies within twenty-four hours after its complete delivery from the
1. Physical Science Unit – analysis of object evidence at crime scene maternal womb.
2. Biology Unit – analysis of trace evidence (blood, fibers, DNA)
3. Firearms Unit – analysis of ballistics What is the Intrauterine Life?
4. Document Examination Unit – handwriting analysis ¡ A conceived child shall be considered born for all purposes favorable to it
5. Photography Unit – documentation provided that:
6. Others: toxicology unit (biological fluids), fingerprint, polygraph, evidence- a. Delivered alive – INTRAUTERINE LIFE of 7 months or older (7m,
collection >7m)
b. Delivered alive at less than 7 months, does NOT die within 24 hours
NBI Technical Divisions (<7m)
¡ Behavioral Science Division ¡ Whether an infant survives for 24 hours is a determination made in the
¡ Dactyloscopy Division hospitals or by someone who attends to a woman during childbirth. In very
¡ Electronic Data Processing Division rare instance, some newborn babies would appear dead but are in fact still
¡ Firearms Investigation Division alive.
¡ Forensic Chemistry Division ¡ Lazarus syndrome – autoresuscitation after failed cardiopulmonary
¡ Identification and Records Division resuscitation
¡ Medico-Legal Division
¡ Photography and Publication Division Gestational Age
¡ Polygraph Division ¡ The law assumes that a baby born at 7 months would survive.
¡ Questioned Documents Division ¡ 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
PNP Frontline Services and 6 days weighing only 283 grams (2006)
¡ Autopsy (P1200) ¡ Counted from first day of last menstruation of mother
¡ Histopathological Examination (P1000) ¡ May also be based on early ultrasound
¡ DNA Examination (P20,000 per specimen) ¡ From first day of last menstruation – expected date of delivery will be from
¡ Drug Test (P400) 38 to 42 weeks
¡ Examination of Altered or Erased Documents, Counterfeit bills (P2000) ¡ Continental Steel Manufacturing Corporation vs. Montaño, 603 SCRA
621(2009)
PNP Frontline Services
¡ Hortillano’s wife, Marife V. Hortillano, had a premature delivery on 5
¡ Handwriting (P3500)
January 2006 while she was in the 38th week of pregnancy.
¡ Signature Examination (P2000)
According to the Certificate of Fetal Death dated 7 January 2006,
¡ Polygraph Examination (P600)
the female fetus died during labor due to fetal Anoxia secondary to
¡ Semen Determination (P500)
uteroplacental insufficiency.
¡ Serology Examination (P500)
¡ Continental Steel immediately granted Hortillano’s claim for
¡ Virginity Determination (P100)
paternity leave but denied his claims for bereavement leave and
other death benefits, consisting of the death and accident insurance.
¡ Senate Bill No. 1868 - seeks to establish and provide funding for a
¡ We emphasize that bereavement leave and other death benefits are
Forensic Science Institute in the University of the Philippines system to
granted to an employee to give aid to, and if possible, lessen the
provide competent, scientific and modern technical services for the
grief of, the said employee and his family who suffered the loss of a
detection and investigation of crimes.
loved one. It cannot be said that the parents’ grief and sense of
¡ Technical Group already working on curriculum for a B.S. Forensic Science
loss arising from the death of their unborn child, who, in this case,
under CHED
had a gestational life of 38-39 weeks but died during delivery, is
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any less than that of parents whose child was born alive but died Capacity to Act
subsequently. ¡ 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
Abortion do not exempt the incapacitated person from certain obligations, as when
¡ Medical Definition the latter arise from his acts or from property relations, such as
¡ Abortion – products of conception expelled at 20 weeks or less (24 easements. (32a)
weeks) ¡ Art. 39. The following circumstances, among others, modify or limit capacity
¡ Fetal death in utero – More than 20 weeks or weighs 500g or to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
more prodigality, family relations, alienage, absence, insolvency and trusteeship.
¡ Usual Causes of Abortion: infection, nutrition, anatomic abnormalities, The consequences of these circumstances are governed in this Code, other
alcohol and tobacco, chromosomal abnormalities of fetus codes, the Rules of Court, and in special laws. Capacity to act is not limited
¡ Criminal Law Definition – considers viability or capability of independent on account of religious belief or political opinion.
existence ¡ A married woman, twenty-one years of age or over, is qualified for all acts of
¡ RPC – arts. 256, 257, 258, 259 civil life, except in cases specified by law. (n)
¡ Intentional Abortion Sex
¡ Unintentional abortion ¡ SEX OF A CHILD –
¡ Abortion practiced by the woman herself of by her parents ¡ Genetic
¡ Abortion practiced by a physician or midwife and dispensing of ¡ Appearance
abortives ¡ Republic vs. Cagandahan, 565 SCRA 72(2008)
¡ Jennifer Cagandahan was diagnosed of having Congenital Adrenal
Intentional Abortion Hyperplasia (CAH), and she filed a petition at RTC Laguna for
1. use of any violence upon the person of the pregnant woman. Correction of Entries in her Birth Certificate such that her gender or
¡ Abortion caused by trauma - as a rule, caused by event/trauma sex be changed to male and her first name be changed to Jeff.
that occurred weeks before (more fatal in later stages of ¡ The Court considered the compassionate calls for recognition of the
Article 259. pregnancy) various degrees of intersex as variations which should not be
Abortion ¡ In later stages, a fetus might die because of Uterine rupture, subject to outright denial. SC is of the view that where the person
practiced by Placental Abruption is biologically or naturally intersex the determining factor in his
2. without using violence
a physician gender classification would be what the individual, having reached
¡ could be drugs the age of majority, with good reason thinks of his/her sex. As in
or midwife ex. morning after pills – not legal, alter hormone levels to
¡ this case, respondent, thinks of himself as a male and considering
and prevent implantation that his body produces high levels of male hormones, there is
dispensing of preponderant biological support for considering him as being a male.
Unintentional
abortive - Abortion Sexual development in cases of intersex persons makes the gender
The ¡ Art. 257. Unintentional abortion. xxx any person who shall cause an classification at birth inconclusive. It is at maturity that the gender
abortion by violence, but unintentionally. of such persons, like respondent, is fixed.
penalties ¡ Abortion practiced by a physician or midwife taking advantage of
provided in their scientific knowledge or skill, shall cause an abortion or assist Age
Article 256 in causing the same. ¡ R.A. 9344, SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen
shall be ¡ Dispensing of abortive by pharmacist without prescription (15) years of age or under at the time of the commission of the offense shall
imposed in Ex. Cytotec (misoprostol) for ulcer be exempt from criminal liability.
¡ Sec. 7. xxx The age of a child may be determined from the child's birth
their
Infanticide certificate, baptismal certificate or any other pertinent documents. In the
maximum ¡ Art. 255. Infanticide. — The penalty provided for parricide in Article 246 absence of these documents, age may be based on information from the
period, and for murder in Article 248 shall be imposed upon any person who shall child himself/herself, testimonies of other persons, the physical appearance
respectively, kill any child less than three days of age. Xxx of the child and other relevant evidence. xxx
upon any ¡ *OLD AGE –over 70 years old – mitigating circumstance
Problem:
physician¡ orA man came home to his 6-month pregnant wife. He then stabbed her 14 Imbecility
midwife who, times. The neighbors who heard the commotion went into the house just as ¡ Wechsler IQ test ratings identify those as imbeciles who suffer moderate
taking the man rushed out. They saw the bloodied body of the dead wife and a mental retardation.
advantage dead of baby apparently delivered from the mother’s womb. What crimes were ¡ Idiot – 2 years old, profound Mental Retardation IQ – below 20
committed? ¡ Imbecile – 2-7 years old, moderate to severe mental retardation – IQ 20-
their
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scientific
Forensic
knowledge or Medicine – Ivy Patdu, M.D., J.D. Maya Julieta
mental deficiency/intellectual disability R. Catacutan-Estabillo 2016
skill, shall
cause an
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¡ Moron – 7-12 years old, Mild mental retardation -- IQ 50-69 Psychological Incapacity
¡ Terms used: ¡ the intention of the law to confine the application of Article 36 to the most
¡ idiot, imbecile, moron à mild retardation, moderate retardation, serious cases of personality disorders, clearly demonstrative of an utter
severe retardation, and profound retardation à intellectual insensitivity or inability to give meaning and significance to the marriage;
disability that the psychological illness that must have afflicted a party at the inception
¡ Intellectual disability – may be assessed by psychologists and of the marriage should be a malady so grave and permanent as to deprive
psychiatrists one of awareness of the duties and responsibilities of the matrimonial bond
¡ Causes: Trauma to head, genetics (Down Syndrome), Infections he or she is about to assume. Suazo vs. Suazo, 615 SCRA 154(2010)
(Meningitis), Lead poisoning or exposure to toxic substances ¡ Jocelyn and Angelito were 16 years old when they first met in June
1985. After months of courtship, Jocelyn went to Manila with
Deaf-Mute Angelito and some friends. Having been gone for 3 days, their
¡ Hearing tests, Examination by an ENT parents sought Jocelyn and Angelito and after finding them,
¡ People vs. Parazo, 310 SCRA 146(1999) brought them back to Biñan, Laguna. Soon thereafter, Jocelyn and
¡ Marlon Parazo was charged with rape and frustrated homicide. Angelito’s marriage was arranged and they were married on March
Based on the foregoing, it appears that the problem of appellant 3, 1986. Without any means to support themselves, Jocelyn and
Marlon Parazo is the severe hearing defect or deafness. The Angelito lived with Angelito’s parents after their marriage. They
presence of an organic disorder cannot be determined because of had by this time stopped schooling. Jocelyn took odd jobs and
the latter’s inability to communicate. However, some degree of worked for Angelito’s relatives as household help. Angelito, on the
mental retardation was gathered with the use of ‘Paper and Pencil other hand, refused to work and was most of the time drunk.
Test.’ His mental age is seven (7) years and nine (9) months. His Jocelyn urged Angelito to find work and violent quarrels often
Intelligence Quotient (IQ) is 60. resulted because of Jocelyn’s efforts.
¡ The absence of a qualified interpreter in sign language and of any ¡ the intention of the law to confine the application of Article
other means, whether in writing or otherwise, to inform the accused 36 to the most serious cases of personality disorders, clearly
of the charges against him denied the accused his fundamental demonstrative of an utter insensitivity or inability to give
right to due process of law. meaning and significance to the marriage; that the
psychological illness that must have afflicted a party at the
INSANITY inception of the marriage should be a malady so grave and
¡ Insanity – a person with a psychiatric condition is considered insane, permanent as to deprive one of awareness of the duties and
usually those who suffer hallucinations, delusions, disordered thinking responsibilities of the matrimonial bond he or she is about to
¡ Lucid intervals – usually, those with a psychiatric condition, controlled by assume.
medication, or therapy would “think clearly” ¡ It is not enough that the respondent, alleged to be psychologically
¡ Ex. Schizophrenia (medical criteria) incapacitated, had difficulty in complying with his marital
¡ Schizophrenia – typically begin between adolescence and early adulthood obligations, or was unwilling to perform these obligations. Proof of
for males and a few years later for females, and usually as a result of a a natal or supervening disabling factor – an adverse integral
stressful period (such as beginning college or starting a first full time job). element in the respondent’s personality structure that effectively
¡ delusions and hallucinations, disorganized behavior and/or speech, flattening incapacitated him from complying with his essential marital
or inappropriate affect obligations – must be shown.
¡ Mere difficulty, refusal or neglect in the performance of marital
Bipolar I disorder obligations or ill will on the part of the spouse is different from
¡ Manifestations: incapacity rooted in some debilitating psychological condition or
1. at least one manic episode a person must have at least one manic illness; irreconcilable differences, sexual infidelity or perversion,
episode (Mania – intense high, euphoria, feels indestructible, emotional immaturity and irresponsibility and the like, do not by
elevated self-esteem, talkative) themselves warrant a finding of psychological incapacity under
2. Depression develops as mania fades, consequences of activities Article 36, as the same may only be due to a person’s refusal or
becomes apparent unwillingness to assume the essential obligations of marriage.
¡ Developmental disorders include autism and mental retardation, disorders 1. Pathological Lying (Magical Thinking) Antonio vs. Reyes, 484
which are typically first evident in childhood SCRA 353, March 10, 2006
¡ Personality disorders are clinical syndromes which have a more long lasting ¡ Leonilo Antonio, 26 years of age, and Marie Ivonne Reyes, 36
symptoms and encompass the individual's way of interacting with the years of age met in 1989. Barely a year after their first
world. They include Paranoid, Antisocial, and Borderline Personality meeting, they got married at Manila City Hall and then a
Disorders. subsequent church wedding at Pasig in December 1990.
¡ Reyes persistently lied about herself, the people around her,
her occupation, income, educational attainment and other
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events or things. She even did not conceal bearing an ¡ CRIMINAL INSANITY – individual’s make-up at the time of the offending
illegitimate child, which she represented to her husband as act was such that, with respect to criminality of his conduct, he substantially
adopted child of their family. lacked capacity to act rationally
¡ Marie’s fantastic ability to invent, fabricate stories and letters * ignorance – lack of understanding
of fictitious characters enabled her to live in a world of make- * compulsion – irresistible impulse
believe that made her psychologically incapacitated as it ¡ Legal standards for criminal insanity do not match the psychiatric diagnostic
rendered her incapable of giving meaning and significance to criteria
her marriage. The root causes of Reyes’ psychological
incapacity have been medically or clinically identified that was No Temporary Insanity
sufficiently proven by experts. ¡ People vs. Aquino, 322 SCRA 769(2000)
¡ The gravity of respondent’s psychological incapacity was ¡ Edgardo Aquino appeals his conviction for murder of Esmeralda
considered so grave that a restrictive clause was appended to Lampera.
the sentence of nullity prohibited by the National Appellate ¡ Neither are we persuaded by EDGARDO’s plea of “temporary
Matrimonial Tribunal from contracting marriage without their insanity.” As the OSG aptly stated, “temporary insanity” is not
consent. It would be difficult for an inveterate pathological liar recognized in this jurisdiction. Insanity, under Article 12 of the
to commit the basic tenets of relationship between spouses Revised Penal Code, connotes that the accused must have been
based on love, trust and respect. deprived completely of reason and freedom of the will at the time of
2. Constant nonfulfillment, senseless and protracted refusal to the commission of the crime, or that he must have acted without
have sexual intercourse Chi Ming Tsoi vs. Court of Appeals, 266 the least discernment. Mere abnormality of the accused’s mental
SCRA 324(1997) faculties does not exclude imputability.
¡ Sometime on May 22, 1988, the plaintiff married the
defendant at the Manila Cathedral. They slept together in the BWS
same room and on the same bed since May 22, 1988 until ¡ R.A. 9262, Sec. 3(c)"Battered Woman Syndrome" refers to a scientifically
March 15, 1989. But during this period, there was no attempt defined pattern of psychological and behavioral symptoms found in women
of sexual intercourse between them. She claims, that she did living in battering relationships as a result of cumulative abuse.
not: even see her husband's private parts nor did he see hers. ¡ Sec. 26 xxx In the determination of the state of mind of the woman who was
She remains a virgin. suffering from battered woman syndrome at the time of the commission of
¡ Dr. Alteza said, that the defendant had only a soft erection the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
which is why his penis is not in its full length. But, still is ¡ “Battered Woman Syndrome” - three phases:
capable of further erection, in that with his soft erection, the (1) the tension-building phase - minor batterings in the form of
defendant is capable of having sexual intercourse with a verbal or slight physical abuse; woman tries to pacify the batterer
woman. through a show of kind, nurturing behavior; or by simply staying
¡ Evidently, one of the essential marital obligations under the out of his way;
Family Code is "To procreate children based on the universal (2) the acute battering incident phase - characterized by brutality,
principle that procreation of children through sexual destructiveness and sometimes, death. The battered woman
cooperation is the basic end of marriage." Constant non- realizes that she cannot reason with him and that resistance would
fulfillment of this obligation will finally destroy the integrity or only exacerbate her condition; and
wholeness of the marriage. In the case at bar, the senseless (3) the tranquil period, where the couple experience a compound
and protracted refusal of one of the parties to fulfill the above relief and the batterer may show a tender and nurturing behavior
marital obligation is equivalent to psychological incapacity. towards his partner
¡ People vs. Genosa, 419 SCRA 537(2004)
Insanity Mentioned in Law ¡ Marivic Genosa shot her husband dead while he was asleep. She
¡ Competency to stand Trial said she was frightened that her husband would hurt her and she
¡ Exempting Circumstance wanted to make sure she would deliver her baby safely. In fact, she
¡ Death convict who becomes insane after his final conviction cannot be had to be admitted later at the Rizal Medical Centre as she was
executed while in a state of insanity suffering from eclampsia and hypertension, and the baby was born
¡ Violent insanity shall be considered legal grounds for the detention of any prematurely on December 1, 1995. The Appellant after being
person interviewed by specialists, has been shown to be suffering from
¡ Raises penalty for rape, serious physical injuries, if victim becomes insane; Battered Woman Syndrome.
rape if victim is insane ¡ The Court, however, is not discounting the possibility of self-
¡ Ground for annulment defense arising from the battered woman syndrome. We now sum
¡ Capacity to give consent to contract [Unsound Mind] up our main points. First, each of the phases of the cycle of
¡ Detention by reason of insanity or imbecility is not considered a penalty violence must be proven to have characterized at least two
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battering episodes between the appellant and her intimate partner. (a) the physical incapacity of the husband to have sexual
Second, the final acute battering episode preceding the killing of intercourse with his wife;
the batterer must have produced in the battered person’s mind an (b) the fact that the husband and wife were living separately
actual fear of an imminent harm from her batterer and an honest in such a way that sexual intercourse was not possible; or
belief that she needed to use force in order to save her life. Third, (c) serious illness of the husband, which absolutely prevented
at the time of the killing, the batterer must have posed probable -- sexual intercourse;
not necessarily immediate and actual -- grave harm to the accused, (2) That it is proved that for biological or other scientific reasons, the
based on the history of violence perpetrated by the former against child could not have been that of the husband, except in the
the latter. Taken altogether, these circumstances could satisfy the instance provided in the second paragraph of Article 164; or
requisites of self-defense. Under the existing facts of the present (3) That in case of children conceived through artificial insemination,
case, however, not all of these elements were duly established. the written authorization or ratification of either parent was
¡ Genosa was not able to avail of the BWS defense because R.A. obtained through mistake, fraud, violence, intimidation, or undue
9262 was not yet in existence at that time. influence.
¡ Physical causes – impotence
The Unsound Mind ¡ Serious illness – diseases that prevent a man from achieving/sustaining an
¡ Insanity or Imbecility – cannot give consent to a contract erection
¡ Unsound mind – does not have testamentary capacity ¡ Biological/Scientific Reasons – DNA, Genetics
¡ Civil Code, Art. 799. To be of sound mind, it is not necessary that the ¡ Impotence is the inability of a person to perform sexual intercourse.
testator be in full possession of all his reasoning faculties, or that his mind [erectile dysfunction]
be wholly unbroken, unimpaired, or unshattered by disease, injury or other ¡ Sterility is the inability of the male to beget children [abnormal sperm, low
cause. sperm count]
¡ It shall be sufficient if the testator was able at the time of making the will to ¡ Infertility is the inability of female to bear children
know the nature of the estate to be disposed of, the proper objects of his
bounty, and the character of the testamentary act. Physical Causes
¡ What can cause impotence?
Diseases that could Affect Soundness of Mind ¡ Erectile Dysfunction
¡ Multiple sclerosis ¡ Medication: Antidepressants and other psychiatric medications
¡ Psychiatric Conditions: severe depression, bipolar disorder, schizophrenia ¡ High blood pressure drugs
¡ Alzheimer’s disease ¡ Chemotherapy
¡ Stroke, cerebrovascular diseases ¡ High Level Painkillers (Morphine, Fentanyl)
¡ Metabolic disorders ¡ Recreational Drugs
¡ Hepatic encephalopathy - the occurrence of confusion, altered level of
consciousness, and coma as a result of liver failure. In the advanced stages Serious Illness
it is called hepatic coma or coma hepaticum. It is caused by accumulation in ¡ high blood (because of medications)
the bloodstream of toxic substances that are normally removed by the liver. ¡ diabetes (due to blood vessel and nerve damage)
¡ Meningitis ¡ heart failure
Filiation Biological/Scientific Evidence

¡ Family Code, art. 164 ¡ Rule on DNA Evidence 9(c) - DNA results that exclude the putative parent
¡ Children conceived as a result of artificial insemination of the wife from paternity shall be conclusive proof of non-paternity. If the value of the
with the sperm of the husband or that of a donor or both are Probability of Paternity is less than 99.9%, the results of the DNA testing
likewise legitimate children of the husband and his wife, provided, shall be considered as corroborative evidence. If the value of the Probability
that both of them authorized or ratified such insemination in a of Paternity is 99.9% or higher, there shall be a disputable presumption of
written instrument executed and signed by them before the birth of paternity.
the child. ¡ DNA paternity testing – probability must be 99.9% (disputable presumption
¡ Artificial Insemination – sperm is placed in reproductive tract of female – satisfactory unless contradicted by other evidence)
¡ In Vitro Fertilization – test tube baby ¡ Blood type –
¡ Art. 166. Legitimacy of a child may be impugned only on the following a. Type O + Type O = Type O
grounds: b. Type A + Type O = Type A, O
(1) That it was physically impossible for the husband to have sexual c. Type A + Type B = Type A, B, AB, O
intercourse with his wife within the first 120 days of the 300 days ¡ Physical Characteristics
which immediately preceded the birth of the child because of:
8
Marriage LECTURE 3
¡ FAMILY CODE ART. 45: ANNULLMENT CRIME SCENE INVESTIGATION
¡ (2) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband and
wife; Criminal Investigation
¡ (5) That either party was physically incapable of consummating the ¡ Criminal Investigation – is a process where authorized persons, usually part
marriage with the other, and such incapacity continues and appears of the law enforcement agency, determines if a violation of the law has been
to be incurable; or committed, including who is responsible and who has been victimized,
¡ (6) That either party was afflicted with a sexually-transmissible through the discovery, collection, processing and reporting of all forms of
disease found to be serious and appears to be incurable. evidence
¡ FAMILY CODE ART. 46: FRAUD AS GROUND FOR ANNULMENT ¡ Crime Scene Investigation – is a component of criminal investigation and
¡ (2) Concealment by the wife of the fact that at the time of the refers to the complete process of obtaining evidence and relevant
marriage, she was pregnant by a man other than her husband; information in an area where a violation of law is supposedly committed
¡ (3) Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or Overview of Crime Scene Investigation
¡ (4) Concealment of drug addiction, habitual alcoholism or 1. Securing and initial management of the Crime Scene
homosexuality or lesbianism existing at the time of the marriage. 2. Documentation
3. Walk Through and Crime Scene Search
STD – Curable, Incurable 4. Obtaining and Processing Evidence
¡ INCURABLE
¡ AIDS – HIV Locard’s principle of exchange – objects that come in contact with each other
¡ *Condom – less risky sex always transfer material to each other. In attempting to identify an individual, crime
¡ Herpes - painful, ulcerative blisters or sores on the genitals in both scene investigators work with the notion that in nature no two individuals are
men and women identical and as individuals we are all unique.
¡ CURABLE
¡ Syphilis – painless Questions that must be kept in mind by the investigator
¡ Chancre à if untreated can cause blindness, numbness, nerve ¡ Has a crime been committed?
damage ¡ Consider what crime, and what evidence would be relevant
¡ Gonorrhea - burning sensation when urinating; white, yellow, or ¡ Try to obtain information related to what, when and how a crime
green discharge from the penis; increased vaginal discharge, or was committed
vaginal bleeding between periods. ¡ Who may have committed the crime?
¡ Chlamydia ¡ Crime Scene investigators should watch out for evidence that may
¡ ALCOHOLISM point to the identity of the perpetrator of the crime
¡ Alcoholism – it is a condition characterized by a compulsion to drink, ¡ Who is the victim?
dependence on alcohol, prolonged use affects the brain ¡ Evidence that may provide information about the victim, his or her
¡ Treatment- Detoxification, Control of Withdrawal Symptoms, identity, lifestyle, and personal circumstance are relevant
Psychological Support ¡ Why was the crime committed?
¡ Two "yes" responses indicate that the respondent should be ¡ The investigator should consider as relevant evidence that might
investigated further. The questionnaire asks the following point to intent or motive in the commission of the crime
questions:
¡ Have you ever felt you needed to Cut down on your 1. SECURING AND INITIAL MANAGEMENT OF THE CRIME SCENE: WHAT
drinking? NEEDS TO BE DONE?
¡ Have people Annoyed you by criticizing your drinking?
¡ Have you ever felt Guilty about drinking? ¡ Emergency Management – when a crime scene has been reported, the initial
¡ Have you ever felt you needed a drink first thing in the responders must prioritize emergency situations
morning (Eye-opener) to steady your nerves or to get rid ¡ A violent suspect may still be in the crime scene posing a risk to the police
of a hangover? officers, crime scene investigators, or other people in the area
¡ Drug Addiction – severe compulsion to seek and take drugs; has serious ¡ Victims of the crime may still be alive requiring immediate medical assistance
physical, mental and social consequences ¡ Crime Scene Investigation begins with securing the crime scene for purposes of:
¡ - detoxification, psychological treatment, social support ¡ safety
¡ medical assistance
¡ preservation of crime scene
¡ Cordon crime scene with whatever material available
9
¡ People must not go in and out of a crime scene ¡ If a body is photographed, the injury in relation to body and
¡ On-site assistance should disturb as little as possible in a crime scene but the surroundings are taken first before a detailed and closer picture
victims should receive immediate attention and transferred to appropriate ¡ *Laboratory Photography – microphotography, macrophotography,
treatment facility laser-beam photography, Ultraviolet-light photography (fluorescent or
¡ Media must be controlled blue light)
¡ Failure to control a crime scene could be fatal to the prosecution’s case because ¡ Sketches
it could lead to a claim of “contaminated evidence” ¡ “Rough sketch” – initial sketch which provides a general lay-out of the
*Evacuate injured persons to nearest hospital crime scene, the location of the body or significant objects; it is not
*Witnesses and Possible Suspects should be taken in custody, kept calm drawn to scale but sketch should be labeled including distances and
and isolated notes. Sketch should be reassessed.
¡ Supposed witnesses may be suspects ¡ Finished Scale Drawing – this may be completed later; sketch is
¡ Supposed victims may be perpetrators of the crime more refined drawn to scale
¡ Initial impressions and reports of witnesses are important
¡ A dying person may provide important information or confession (dying 3. WALK-THROUGH AND CRIME SCENE SEARCH
declaration)
¡ If it is a complex case, a command center may be needed to keep track of the ¡ Walk-through – preliminary to actual search to aid in planning; general
different teams of investigator, to serve as communication center, and to aid in assessment of the crime scene
processing of collected evidence. 1. assess crime scene and document important factors
¡ Requisites of a “Dying Declaration” are: 2. note relevant evidence, and establish evidence that will most likely be
1. That death is imminent and the declarant is conscious of that fact; encountered
2. That the declaration refers to the cause and surrounding circumstances 3. extent of search area, manpower and equipment needs identified
of such death; 4. develop theory of crime
3. That the declaration relates to facts which the victim is competent to ¡ Primary Crime Scene – where the crime was committed
testify to; and ¡ Secondary Crime Scene – related to the crime, but not site of its actual
4. That the declaration is offered in a case where in the declarant’s death commission; evidence found at a secondary crime scene may be relevant in
is the subject of the inquiry. determining the primary crime scene
2. DOCUMENTATION
¡ Part of crime scene investigation from beginning to end ¡ Strip Search Method – outdoors *Lane Method
¡ 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 ¡ Spiral Search Method – limited manpower
¡ 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 ¡ Grid Search Method
¡ 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
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¡ Zone Search Method – large areas ¡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
4. OBTAINING AND PROCESSING EVIDENCE favor of the accused, when the evidence at hand miserably falls short of
the quantum required to support conviction
¡ Discover and recognize evidence ¡ EVIDENCE OBTAINED
¡ Consider the who, what, where, how and why of a crime ¡ Object Evidence – admissible in court if relevant to case, provided that
¡ Evidence must be photographed and sketched before they are moved chain of custody can be established
¡ Some evidence may not be visible with ordinary lighting (E.g. semen ¡ Examples:
and fibers may be more visible using ultraviolet light, blood cleaned may ¡ Trace evidence – extremely small
still be detected through chemicals) - hair or fibers – microscopy
¡ Collecting Evidence - soil samples – may be compared with soil samples in
¡ The investigator must be impartial and detached and must collect all tires,
relevant evidence whether they support the initial impression or not shoes
¡ Relevant evidence include soil samples, hairs, fibers, chemicals, drugs,
blood, semen, glass fractures, paints, finger prints, documents, ¡ FINGERPRINTS
firearms, bullet, tool marks 1. Latent prints – nonporous surface, solid – door knobs, light switches
¡ Evidence collected must be labeled, bagged or packaged and stored ¡ Dusting – use powder that contrasts with surface; fingerprint
appropriately dusting powder
¡ Avoid cross-contamination of evidence ¡ Lifting prints – commercially prepared lifter, lift tape
¡ Remember Locard’s principle ¡ Use gloves
¡ Protect and store evidence 2. Visible fingerprints – dirty, stained, bloody – glossy, light-colored
¡ Storage – free from pets, insect, excessive heat or moisture, controlled surfaces
temperature 3. Plastic prints – putty, grease, tar, butter, soft soap
¡ Item is bagged, labeled, logged ¡ Packaging:
¡ Specialized facilities for sensitive evidence (explosives) ¡ Liquid blood – dropper, test tube
¡ Chain of Custody – documentation of what happened to evidence from ¡ Blood flakes – pillbox or envelope
time discovered to time when it is presented in court ¡ Bloodstain on clothing other – mark with a string
¡ People vs. Velarde, 384 SCRA 646, July 18, 2002 ¡ Probative value of print – claims that suspect was not at scene, or no
¡ Crispin Velarde was charged with the complex crime of rape with access to object where fingerprint found
homicide of 8yo Brenda Candelaria. ¡ BLOOD
¡ Circumstantial evidence would be sufficient for conviction if (a) there is ¡ Reagents – luminol, tetramethyl benzedrine and phenolphthalein – to
more than one circumstance, (b) the facts from which the inferences identify blood at a crime scene
have been derived are proven, and (c) the combination of all the ¡ Luminol – water based, sprayed where blood traces are suspected –
circumstances is such that it produces a conviction beyond reasonable blood fluoresce to pale blue color, does not harm DNA in blood; reacts
doubt. These circumstances must be consistent with one another, and with bleach
the only rational hypothesis that can be drawn therefrom must be that ¡ Precipitin test – to determine whether blood is of human origin;
the accused is guilty. They must create a solid chain of events, coherent presence of other substance like soap and oil may yield false results
and intrinsically believable, that point to the accused -- to the exclusion ¡ BLOOD STAIN PATTERN
of others -- as the perpetrator of the crime; and that sufficiently ¡ General Rules:
overcome thereby the presumption of innocence in his or her favor. 1. The more bleeding, the bigger the stain/drop (bigger wound,
Without the extrajudicial confession, the circumstantial evidence bigger stain)
becomes utterly insufficient to pass the test of moral certainty.
11
2. The farther the source to surface, the bigger the stain/drop Judilyn Pas-a, first cousin of the victim, testified that the victim
(max stain at 7 feet) told Judilyn about the incident or attempt of the appellant to
3. The blood that travels at low velocity creates a bigger rape her five days before her naked and violated body was
stain/drop (Medium – 4-6mm stain; High velocity like from a found dead in her grandmother’s house on June 25, 1998. In
gunshot wound- mist, spray-type) addition, Judilyn also testified that when her auntie Luz
*The greater the force, the smaller the drops Dawang Yatar, wife of Joel, separated from her husband, "this
¡ General Rules: Joel Yatar threatened to kill our family." According to Judilyn,
1. Drops at smooth surface – evenly spreads who was personally present during an argument between her
2. Steeper impact, more elongated blood drop aunt and the appellant, the exact words uttered by appellant to
3. If source of blood moving, or if it hits the surface at an angle, his wife in the Ilocano dialect was, "If you leave me, I will kill
you may see tails. The tail of stain determines direction of all your family and your relatives x x x." These statements
blood; if many stains, convergence may pinpoint source. (blood were not contradicted by appellant.
flows away from origin) ¡ It should also be noted that, although the Postmortem Report
4. Blood pools but it may be disturbed (smudges) by the attending physician, Dr. Pej Evan C. Bartolo, indicates
5. If blood hits a vertical surface – there is dripping (due to that no hymenal lacerations, contusions or hematoma were
gravity) noted on the victim, Dr. Bartolo discovered the presence of
¡ BLOOD SPATTER semen in the vaginal canal of the victim. During his testimony,
1. Free-fall Dr. Bartolo stated that the introduction of semen into the
2. Cast-off – tangentially to arc of upswing or backswing (left-handed, vaginal canal could only be done through sexual intercourse
more horizontal) with the victim. In addition, it is apparent from the pictures
3. Dripping submitted by the prosecution that the sexual violation of the
4. Splashing – central blood drop then small drops around victim was manifested by a bruise and some swelling in her
5. Spurting – smaller, elongated right forearm indicating resistance to the appellant’s assault on
¡ GUNSHOT WOUND her virtue.
¡ Entry point – back spatter ¡ Significantly, subsequent testing showed that the
¡ More spread out Deoxyribonucleic acid (DNA) of the sperm specimen from the
¡ May be in clothing, hands of shooter vagina of the victim was identical the semen to be that of
¡ Exit point – forward spatter appellant’s gene type.
¡ More spread-out, misting ¡ DNA testing – verified and credible scientific methods which
¡ SHOE AND TIRE PRINTS include the extraction of DNA from biological samples, the
¡ Shoe – how many people, unique wear patterns, whether running or generation of DNA profiles and the comparison of the
walking, carrying something heavy information obtained from the DNA testing of biological
¡ Tire tracks – no used tires are alike samples for the purpose of determining, with reasonable
¡ Photograph, cast when possible (mix plaster kits) certainty, whether or not the DNA obtained from two or more
¡ BITE MARKS distinct biological samples originates from the same person
¡ on body, food (direct identification) or if the biological samples originate from
¡ Photograph and swab bite area for saliva, blood residue, DNA, related persons (kinship analysis)
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 wife’s niece.
12
LECTURE 4 ¡ Contracts – partnership, agency, insurance

DEATH ¡ Criminal liability
¡ Organ transplantation
DEATH
¡ complete cessation of all vital functions without possibility of resuscitation; Death Investigation – if death is sudden, unexplained, violent, under suspicious
Irreversible loss of the properties of living matter circumstance à Investigate
¡ "Organ Donation Act of 1991." Sec. 2 (j) "Death".- the irreversible
cessation of circulatory and respiratory functions or the irreversible cessation Types of Death:
of all functions of the entire brain, including the brain stem. ¡ Natural – death may be made to look as though it resulted from natural
¡ A person shall be medically and legally dead if either: causes
(1) In the opinion of the attending physician, based on the acceptable ¡ Accidental – death may not be accidental but a result of suicide or crime
standards of medical practice, there is an absence of natural ¡ Suicide – death may be caused by crime
respiratory and cardiac function and, attempts resuscitation would ¡ Homicide, Murder, as a result of Crime
not be successful in restoring those functions. In this case, death ¡ Unexplained
shall be deemed to have occurred at the time these function
ceased ; or Duties of a Medical Examiner
(2) In the opinion of the consulting physician, concurred in by the 1. Establish Fact of Death
attending physician, that on the basis of acceptable standards of 2. Identification of Deceased
medical practice, there is an irreversible cessation of all brain 3. Determination of Time of Death
functions; and considering the absence of such functions, furthers 4. Determination of cause and manner of death
attempts at resuscitation or continued supportive maintenance 5. Obtain evidence in the body
would not be successful in restoring such natural functions. In this - Evidence relevant to circumstances of death – weapons, tools, blood
case, death shall be deemed to have occurred at the time when
these conditions first appeared. FACT OF DEATH
¡ The death of the person shall be determined in accordance with the ¡ SIGNS OF DEATH
acceptable standards of medical practice and shall be diagnosed separately ¡ Cessation of cardiac activity and circulation– no heartbeat and no
by the attending physician and another consulting physician, both of pulse, blood settles in dependent portion due to gravity (livor
whom must be appropriately qualified and suitably experienced in the care mortis)
of such patients. The death shall be recorded in the patient's medical ¡ Cessation of respiration – person stops breathing
record. ¡ Barbiturate overdose – shallow breathing
¡ Death: ¡ Cessation of brain activity – loss of reflexes or response to pain, flat
¡ Absence of cardiac function electro-encephalogram
¡ Absence of respiratory function ¡ Distinguish from drug overdose, hypothermia, coma
¡ Absence of brain activity ¡ Anencephaly – survives for 7 days, reported 7 months and 10
¡ Brain death – absence of electrical brain activity – no reflexes, circulation, months
respiration, dilated non-reactive pupils, flat Electroencephalogram “Two ¡ Cooling of body (algor mortis), Skin becomes pale
Physicians Rule” ¡ Stiffening (rigor mortis) and Decomposition
¡ Cardio-respiratory death – continuous and persistent cessation of heart action ¡ Eyes become non-reactive and would later start to cloud
and respiration ¡ Action of heat
¡ "Organ Donation Act of 1991." Sec. 9 xxx ¡ IDENTIFICATION
¡ In all donations, the death of a person from whose body an organ will be ¡ Visual Recognition, Personal effects or ornaments
removed after his death for the purpose of transplantation to a living person, ¡ Fingerprints, DNA, also palm prints, foot print
shall be diagnosed separately and certified by 2 qualified physicians neither ¡ Medical history: Blood type – to rule out, Dental Records
of whom shall be: ¡ Forensic anthropologist – gender, height, race and age;
(a) A member of the team of medical practitioners who will effect the ¡ Forensic odontologist – age range
removal of the organ from the body; nor ¡ Forensic entomologist – location, approximate time of death
(b) The physician attending to recipient of the organ to be removed; ¡ Important:
nor ¡ Legal certification of death
(c) The head of hospital or the designated officer authorizing the ¡ Succession
removal of the organ. ¡ Insurance
¡ Legal Implications of Death: ¡ Criminal Law
¡ Civil personality extinguished ¡ TIME OF DEATH
¡ Succession ¡ Postmortem interval – time of death and discovery of the body
13
¡ Death within 4 days – estimated to within 4 hours 3. POSTMORTEM LIVIDITY

¡ People vs. Seranilla, 348 SCRA 227, December 15, 2000 ¡ Lividity on dependent portions (back legs) if face down (face, chest,
¡ Time of death: stomach, legs)
(1) Changes in Muscle ¡ If pressing directly on hard surface, no lividity
(2) Cooling of Body ¡ If blood released from large wounds – little lividity
(3) Lividity
(4) Putrefaction Signs of Death
(5) Consider Digestive Process ¡ Bruise - results from injury sustained while alive (antemortem bruise)
¡ At death, body is limp until rigor mortis sets in ¡ found outside vessels
¡ Rigor mortis – stiffening of joints (low in babies and aged) ¡ inflammation in area
¡ Face then larger muscles ¡ Does not change color when pressed
¡ Lasts 1-3 days, then muscles decompose ¡ Dead – blood collects usually dependent portion
¡ if dead, vessels remain healthy, clot can be stripped
¡ CHANGES IN MUSCLE FOLLOWING DEATH Putrefaction

1. Stage of Primary Flaccidity – muscles relaxed, incontinence, ¡ Tropical region
pupils dilated (when warm, only 1:51 minutes, may last up to 6 ¡ 12 hours – rigor mortis
hours), may pass electric current ¡ 24 hours – rigor mortis , greenish discoloration of abdomen
2. Rigor Mortis – usually develops after 3-6 hours, body become ¡ 48 hours – trunk bloated, face discolored, there may be maggots
rigid (may last from 24-36 hours), faster development if warm ¡ 72 hours – whole body swollen, disfigured
¡ Note: if holding something that is difficult to ¡ 1 week – internal organs putrefied
remove, may be something held in hand just ¡ 2 weeks – almost all soft tissues gone, cannot be distinguished
before death - due to cadaveric spasm ¡ 1 month – skeletonized
¡ Cadaveric Spasm - instantaneous muscle rigidity ¡ * Temperate areas – slower process 2-5 months after death – soft parts
at time of death; only certain muscles and no change into thick, semi-fluid black mass
whole body, does not disappear, cannot be ¡ Insects will help:
induced ¡ tie suspect to victim
3. Decay of muscles – muscles become flaccid, no more reaction to ¡ insect parts in car, clothes
stimulus (3 days, shorter if warm) ¡ whether body was moved
¡ time of death based on life cycle of insect
Changes in muscles:
¡ Flaccid – up to 6 hours Submerged in Water
¡ Stiff (rigor mortis) – up to 2 days ¡ Usually body remains immersed for 8-10 days in warm water (up to 3 weeks
¡ Flaccid (decaying) – after 2 days in cold water)
¡ Fleas – if still alive, then body has been in water for less than 24 hours
TIME OF DEATH ¡ DROWNING – victims curl up in semifetal position
1. ALGOR MORTIS ¡ If submerged in water, there is very little change after 4-5 days especially if
¡ Algor mortis - Cooling of the body - fastest during first two hours water is cold
¡ Tropical countries – 12 -15 hours, same as environment ¡ From 5-7 days - face swollen and red, wrinkled hands and feet, outer skin
¡ Delay – fever, sudden death in good health, obesity, death from loosen (5-6 days), upper surface of brain greenish
asphyxia, death of middle age ¡ 2-3 weeks – nails separate
¡ Accelerate – leanness of body, extreme age, long-standing ¡ 4 weeks – scrotum and penis distended with gas
disease, chronic fever with wasting ¡ 6-8 weeks – abdomen distended
¡ Air in large room, in water – speeds up cooling
2. POSTMORTEM LIVIDITY Stages of Digestion
¡ Postmortem lividity - effect of gravity once circulation ceases , ¡ Stomach:
Blood may remain fluid after death for 6-8 hours ¡ Light meal – empty within 11/2 – 2 hours after being eaten
¡ Dark blue discoloration (livor mortis) but may be cherry red if ¡ Medium sized 3-4 hours
death is due to carbon monoxide poisoning ¡ Heavy 4-6 hours
¡ develops up to 10-12 hours after death ¡ *Stomach empties 4-6 hours after a meal
¡ this means, after 10-12 hours, lividity is fixed ¡ Small Intestines:
¡ If body moved after 12 hours, pattern of lividity may indicate ¡ After 6-8 hours from eating – reaches distal ileum
position at death ¡ Small intestine – 12 hours to be empty
14
¡ *Must find out when victim last ate, or if there is vomit near body ¡ Depression or anxiety
Suicide ¡ Increased risk-taking behaviour
¡ People vs. Operaña, Jr., 343 SCRA 43, October 13, 2000 ¡ 3. Clues in crime scene
¡ The prosecution sought to show through circumstantial evidence ¡ weapons near body
that appellant Rodolfo Operaña, Jr. killed his wife Alicia by ¡ crime scene – movement of body, lividity
strangulation, on May 11, 1994. ¡ *For death investigation, a timeline must be established
¡ Both the mother of the deceased, the herein complainant, and
Joselito Paragas insisted that Alicia Operaña was still alive when Cause of Death
they first saw her lying on the floor of the kitchen of their house. ¡ Not a guaranty of accuracy, depends on the examiner, based on available
Rufina Maminta, an anguished mother and out of love for her information
daughter, begged the appellant, again and again, that her dying ¡ Manner of Death – circumstance, condition of body, medical findings
daughter be brought to the hospital but seemingly without any ¡ Natural, suicide, homicide, accident, undetermined
concern, appellant staunchly refused to rush Alicia to the nearest ¡ External Examination and Internal Examination: Examination of injury,
hospital; reasoning that she could not reach the hospital alive. determination of possible weapon used, identifying marks
¡ An external examination of the body of the deceased was conducted ¡ Microscopy, Xrays, Samples for toxicology
on May 14, 1994 by Dr. Tomas Cornel, upon the request of Mrs. ¡ Evidence obtained in body important
Maminta. On May 18, 1994, an exhumation followed by an autopsy
of the remains of the deceased was conducted by Dr. Ronald Death Certificate
Bandonill of the NBI, again upon the request of the herein ¡ A death certificate is conclusive evidence only as to the fact of death of the
complainant. According to Dr. Bandonill’s report, the presence of deceased.
multiple injuries all over the body and the suspicious presence of ¡ The cause of death may be established by other evidence.
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 LECTURE 5
were clarified by the same doctor as “abrasions, multiple, with signs WOUNDS
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 ¡ Wound – injury to body resulting from force, violence or trauma
found on the body of the deceased. ¡ Stress Cardiomyopathy (Takotsubo)
¡ Contrary to the claim of appellant that the deceased was found
hanging from a wooden truss in their kitchen, SPO1 Daniel Coronel Causes of Physical Injuries
of the Dagupan City Police Station testified that per his ¡ Physical Violence
investigation, he found no markings on the roof truss from where ¡ Heat or Cold
the victim was supposed to have hanged herself. He also measured ¡ Electrical injury
the distance of the 2” x 3” by 1 yard wooden truss from the floor of ¡ Chemical injury
the kitchen and found it to be six (6) feet. The deceased was 5’6” in ¡ Radiation
height. ¡ Change of atmospheric pressure
¡ On the basis of the foregoing facts and circumstances, Rufina ¡ Infection
Maminta instituted the case of parricide at bar against the appellant.
Extent of Injuries
Investigating a suicide ¡ Speed ex. Bullet v. Stone
¡ 1. Obtain information ¡ Mass ex. Baseball bat v. Stick
¡ any condition that deceased may have – disease, ¡ Elasticity of tissue ex. Scalp v. Abdomen
psychiatric ¡ Area of contact ex. Stabbing
¡ current medications Reactions of Tissues to Trauma
¡ 2. Obtain evidence on circumstances surrounding death ¡ Rubor
¡ frame of mind, behavior near time of death, history ¡ Calor
¡ Look for: ¡ Dolor
¡ suicide note ¡ Tumor
¡ History of previous attempts ¡ Loss of function
¡ Self-mutilation
¡ Jokes, communications, writing about suicide
¡ Giving away possessions
15
Types of Wounds ¡ May be caused by disease too – hemophilia

¡ Mortal wound location– heart, brain, brain stem, lungs, stomach, liver, ¡ Cold compress/warm compress
intestine, spleen 3. Hematoma – bukol, swelling
¡ Non-mortal – extremities unless injuring big vessels ¡ Blunt force, usually where there is bone
¡ Cavity develops – blood flows to cavity
Based on Instrument ¡ Head, chest, anterior part of legs
¡ Blunt – contusion, hematoma, lacerated wound ¡ Closed wound that is elevated
¡ Sharp – incised, punctured, stab ¡ If aspirated, there may be blood
¡ Tearing force – lacerated wound ¡ May lead to abscess, gangrene
¡ Chemical explosion – GSW ¡ Extensive Blunt Force Injuries
¡ Heat or cold – frost bite, burn ¡ Head Trauma – could develop subdural hematoma/epidural hematoma
which may appear later
Infliction ¡ Arrhythmia – irregular heartbeat due to great force on chest
¡ Hit ¡ Liver, Spleen, Kidney Injuries, Internal bleeding
¡ Thrust ¡ Hypovolemic shock due to extensive bleeding in extremities
¡ Explosion ¡ Rhabdomyolysis – a condition in which damaged skeletal muscle
¡ Sliding abrasion tissuebreaks down
¡ Deep Closed Wound
Depth ¡ Sprain – muscle or ligament torn
¡ Penetrating ¡ Strain – over-stretching of muscle or ligament
¡ Perforating ¡ Fracture – closed, open, comminuted
¡ Internal hemorrhage – rupture of blood vessels
Special Types ¡ Cerebral Concussion
¡ Defense wound ¡ Unconsciousness
¡ Patterned wound ¡ Eyelids close
¡ Self-inflicted wound ¡ Muscles relax
¡ Shallow respiration
Medical Classification of Wounds ¡ Fast pulse
1. Closed ¡ Low temperature
a. Superficial – petechiae, contusion, hematoma ¡ Sluggish reflex
b. Deep – musculoskeletal - sprain, dislocation, fracture, strain, ¡ Sphincters relax
subluxation, Internal hemorrhage, cerebral concussion ¡ Loss of memory just before injury
2. Open – abrasion, incised, stab, punctured, lacerated
OPEN WOUNDS
CLOSED WOUNDS
¡ Abrasion – removal of superficial epithelial layer – “gasgas”
1. Petechiae - love bite? 1. Scratch and Graze – sharp pointed object sliding across skin
¡ Pinhead size 2. Imprint abrasion – scratching of skin shows pattern or stamping
¡ Blood from capillaries under subcutaneous tissue, mucous membrane 3. Friction abrasion – caused by pressure accompanied by movement
¡ May be caused by Trauma, asphyxia ¡ Post mortem abrasion – usually over bony prominence (elbow), yellowish
2. Contusion – pasa, bruise instead of reddish-bronze
¡ Caused by blood from blood vessels due to trauma, blunt force ¡ Incised Wound – produced by sharp-edged or sharp-linear edge
¡ Force compresses vessel forcing blood out of area to tissue beneath skin ¡ Hacked wound – heavy cutting instrument
¡ Develops after lapse of minutes to hours 1. Wound is straight, profuse hemorrhage, gaping due to retraction of
¡ Location may be different from site of application, size different from edges
object causing it due to gravity 2. Paralysis if nerve affected
¡ Shape – object used, size – degree of force ¡ Punctured wound
¡ Age of contusion: 1. Thrust of sharp pointed instrument
1. immediate - Red to purple 2. Usually internal hemorrhage
2. 4-5 days – green 3. External wound may be sealed by dried blood, clot
3. 7-10 days -- yellow 4. Small opening
4. 14-15 days – begins to disappears (1 week to 1 month) 5. Infection may develop due to sealing
¡ More bruising – bloody parts, with excessive fat
16
¡ Lacerated wound ¡ Medium range 6 inches but less than 24 inches – inverted edges,
1. Tear of skin and underlying tissues due to forcible contact with a blunt abrasion collar, smudging, lesser density of tattooing
instrument ¡ More than 24 inches– circular or oval, no burning, smudging, tattooing
2. Force greater than cohesive force and elasticity of skin ¡ GSW Exit Wound
3. Rugged tear, irregular extremities ¡ Exit wound not always present
4. Contused and swollen edges ¡ Everted edges of wound
5. bleeding not extensive ¡ Portions of tissue may be protruding
6. rarely suicidal, may be accidental ¡ Usually bigger than missile/bullet
¡ No definite shape
STAB WOUNDS ¡ No abrasion collar, tattooing or smudging
¡ Paraffin test may be negative
¡ Penetration of sharp-pointed and sharp-edged instrument ¡ Shotgun Wound
¡ Common cause of death - hemorrhage ¡ Shotgun cartridge – more gunpowder
¡ Suicidal Stab Wound ¡ Not more than 6 inches:
¡ Located over vital parts of the body 1. entrance wound burned
¡ Solitary, if multiple, located in one part only 2. blackening due to smoke
¡ If on covered parts, clothing is not involved 3. tattooing densely located in limited area
¡ Accessible to hand of victim 4. hair burn
¡ Hand of victim smeared with blood 5. severe disruption of tissue
¡ Wounding weapon may be firmly grasped by hand of victim ¡ More than 6 inches:
¡ Wound tailing towards hand inflicting injury 1. Single wound of entry but may have isolated shots causing
¡ Suicide note may be present independent entry
¡ There is presence of motive for self-destruction 2. 3-4 feet – serrated or scalloped circumference
¡ No disturbance in death scene 3. 5-6 feet distance – wad tends to produce independent injury
¡ Evidence of Intent to Kill usually an abrasion
¡ More than one stab wound 4. 6 feet – shots begin to separate 10 feet – independent wounds
¡ Stab wounds located in different parts of the body or where vital organs of entry
located ¡ Smudging due to smoke up to 15 inches
¡ Deep stab wounds ¡ Tattooing up to 24 inches
¡ Serrated or zigzag borders infers alternative thrust and withdrawal of ¡ How do you determine number of shots?
wounding instrument to increase internal damages ¡ Number of entrance wounds
¡ Irregular stellate skin defects – changing direction of weapon with portion of ¡ Number of spent shells
weapon at level of skin acting as lever ¡ Shots heard by witness
¡ Suicidal GSW
GUNSHOT WOUNDS ¡ Shot fired in closed or locked room, open but isolated or uninhabited
place
¡ Cause of Injury: ¡ Weapon in crime scene
1. Flame – scorching or burning of skin, hair, edges may be burned in ¡ Shot at close range
contact fire; flame does not go beyond distance of 6 inches, pistols or ¡ Location accessible to wounding hand
revolvers – 3 inches ¡ Usually a solitary shot
2. Smoke – light, almost black, does not penetrate skin, deposited on ¡ Personal history consistent with suicide
target, seen with distance up to 12 inches ¡ Hand of victim may show gunpowder
3. Powder grains – may penetrate skin and cause hemorrhage in deeper ¡ Usually entrance do not involve clothings
tissues, cannot be removed by wiping, seen around wound entrance up ¡ Fingerprints of victim on butt
to 24 inches ¡ Suicide note
4. Powder burns – blackening of GSW entrance, gunpowder tattooing ¡ Homicidal GSW
5. Abrasion collar – pressure of bullet causes skin to be depressed, bullet ¡ Site of entrance no point of election
lacerates skin, depressed portion rubs with rough surface of bullet ¡ Usually made with assailant some distance from the victim
¡ GSW Entrance Wound ¡ Signs of struggle
¡ Higher caliber – usually bigger wound entrance ¡ Firearm not at crime scene
¡ Usually oval or circular except in near shots or grazing wound ¡ Testimony of witness
¡ Short range fire 1-6 inches – edges of wound inverted, may have areas
of burning, smudging, powder tattooing, abrasion collar
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¡ Expert witness AUTOMOTIVE CRASH

¡ Wound caused by weapon
¡ What range fired ¡ Driver and Passengers:
¡ Direction of fire 1. First collision – moving vehicle with another vehicle or fixed object
¡ Can they be self-inflicted 2. Second collision – the occupants with interior of vehicle
¡ Signs of struggle ¡ Cause of death or injury:
¡ Could victim have resisted attack or died spontaneously 1. Displacement of occupants within vehicle with impact against structures
¡ Relative position of assailant and victim 2. Ejection
¡ Whether Person fired a firearm 3. Distribution of the passenger compartment, direct impact injuries
¡ dorsum of hands examined to determine presence of gunpowder ¡ Driver/Front seat passenger
¡ may be gross examination 1. May hit parts of the car
¡ paraffin test – coated with melted paraffin, powder particles will be 2. Front portion may be shortened
extracted and embedded in paraffin cast; lung-s reagent – will turn blue 3. Skull fractures, laceration head, face, scalp, fracture of leg bones, hip
if there is nitrate; not conclusive bones, abrasions and lacerations
¡ fertilizers, cosmetics, cigarettes, urine – contain nitrites and ¡ Rear seat – may be propelled to front
nitrates and will give positive reaction ¡ Side impact:
¡ Location of GSW ¡ more severe injuries, less crushable structural components
¡ Head, brain matter: ¡ laceration of vital organs, pelvic injuries
1. Serious if breathing centers affected or critical areas ¡ Rear impact – whiplash, may involve gas tank and gas leakage
2. If cerebral hemisphere – victim may survive ¡ Roll-over crash – may be pinned, crushed, thrown away on ground
3. Face – not serious but may cause infection ¡ Pedestrian – vehicle
4. Neck - depends 1. usually front bumper hits leg of victim – bumper fracture
¡ Chest wall – may be fatal -- hemorrhage, hemothorax, 2. if below point of gravity, body moves backwards to hit hood, windshield
1. may hit lungs causing bleeding 3. if above point of gravity – body moves away from vehicle, fall on ground
2. GSW to heart – victim may still be able to run death not (children)
instantaneous ¡ secondary impact
¡ Abdomen – not as serious ¡ pedestrian to ground after first impact
¡ Spine – disabilities if spinal cord, may cause compression of cord ¡ multiple abrasions and contusions
¡ Upper cervical cord – may cause death ¡ run over injuries
¡ Extremities – you will see characteristic of GSW, not so serious ¡ usually if children, may fall on ground and vehicle passes over body
¡ skid tire marks, rupture of organs, fracture, may die right away
PHYSICAL INJURIES especially if head hit
¡ Motorcycle
¡ Mutilation – depriving a person, totally or partially, of some essential organ for 1. usually body absorbs the impact
reproduction 2. ejection common
1. Cutting off 3. injuries usually head and legs
2. Must be intentional to be punishable
3. If other parts of body mutilated à 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
18
LECTURE 6 and 7 Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts
CHILD ABUSE of Abuse
¡ Protection for Working Children, Children of Indigenous Cultural
Communities, Children in Situations of Armed Conflict
R.A. 7610: Special Protection of Children Against Abuse, Exploitation and PD 603
Discrimination Act ¡ Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and
¡ Sec. 3: other institutions as well as private physicians providing treatment shall,
a. "Children" refers to person below eighteen (18) years of age or within forty-eight hours from knowledge of the case, report in writing to the
those over but are unable to fully take care of themselves or city or provincial fiscal or to the Local Council for the Protection of Children
protect themselves from abuse, neglect, cruelty, exploitation or or to the nearest unit of the Department of Social Welfare,
discrimination because of a physical or mental disability or condition ¡ any case of a maltreated or abused child, or exploitation of an employed
b. "Child abuse" - maltreatment, whether habitual or not, of the child child contrary to the provisions of labor laws. It shall be the duty of the
which includes any of the following: Council for the Protection of Children or the unit of the Department of Social
(1) Psychological and physical abuse, neglect, cruelty, sexual Welfare to whom such a report is made to forward the same to the provincial
abuse and emotional maltreatment; or city fiscal.
(2) Any act by deeds or words which debases, degrades or ¡ Violation of this provision shall subject the hospital, clinic, institution, or
demeans the intrinsic worth and dignity of a child as a physician who fails to make such report to a fine of not more than two
human being thousand pesos.
(3) Unreasonable deprivation of his basic needs for survival, ¡ In cases of sexual abuse, the records pertaining to the case shall be kept
such as food and shelter; or strictly confidential and no information relating thereto shall be disclosed
(4) to immediately give medical treatment to an injured child except in connection with any court or official proceeding based on such
resulting in serious impairment of his growth and report.
development or in his permanent incapacity or death. ¡ Any person disclosing confidential information in violation of this provision
¡ SECTION 10(a). Other Acts of Neglect, Abuse, Cruelty or Exploitation and shall be punished by a fine of not less than one hundred pesos nor more
Other Conditions Prejudicial to the Child’s Development than five thousand pesos, or by imprisonment for not less than thirty days
1. Enumerated in Article 59 of Presidential Decree No. 603 nor more than one year, or both such fine and imprisonment, at the
2. Child abuse discretion of the court.
3. Child cruelty,
4. Child exploitation CHILD ABUSE
5. Being responsible for conditions prejudicial to the child’s 1. Physical Abuse
development 2. Sexual Abuse
3. Physical Neglect
Sanchez vs. People, 588 SCRA 747(2009)
¡ VVV and her family were lessees on Sanchez’ fishing pond. One day Sanchez Causes of Child Abuse by History
wanted to drive their family away, and in doing so willfully, unlawfully and 1. Unwanted child
feloniously abuse physically one [VVV], a sixteen (16) year old minor, by 2. Abusive parent
hitting her thrice in the upper part of her legs, and which acts are prejudicial 3. Child as center of triangle
to the child-victim's development which acts are not covered by the Revised 4. Child as hindrance to socio-economic activities of parent
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 Medical Evidence of Abuse
the amount to be proved during the trial. 1. skin imprints from objects – hand, cord, chain, lash and belt buckles are
indicator of abuse
R.A. 7610 2. multiple bruises or scars – trunk, head face
¡ Child Prostitution and Other Sexual Abuse 3. multiple small burns or emersion burn levels – cigarette, iron, boiling water
¡ Child Trafficking (donut shaped burn on buttocks, burns deeper in middle – hot liquid poured
¡ Use of Children in Obscene Publications and Indecent Shows 4. multiple fresh healing fractures; “twist” fractures – spiral
¡ Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions characteristic/usually multiple healing fractures
Prejudicial to the Child's Development 5. trauma to mouth nose ears and eyes
¡ Use of child to beg, act as conduit in drug trafficking or conduct any illegal 6. head injuries, skull fractures, subdural hematoma
activities 7. injuries to genitalia, perivaginal, perirectal, child has std
¡ Sanctions on Establishments or Enterprises which Promote, Facilitate, or 8. child neglect – malnourishment, poor hygiene, infection, poor growth and
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, development, in need of medical attention, dental work, glasses
19
Shaken Infant syndrome ¡ Healed with congested edges, sharp coaptible borders – 4
1. Shaken Infant syndrome to 10 days
2. no signs of external injury ¡ Healed with no congestion, sharp coaptible borders – more
3. intracranial and intraocular hemorrhages than 10 days to 3 weeks
4. may cause motor defects, mental retardation, vision impairments that are ¡ Healed laceration, rounded borders – more than 1 month
not noticeable until child reaches school age ¡ CRIMES WHERE VIRGINITY IS AN ELEMENT
¡ Qualified seduction — The seduction of a virgin over twelve years
Child Sexual Abuse and under eighteen years of age, committed by any person in
¡ INCEST public authority, priest, home-servant, domestic, guardian, teacher,
¡ Common - father-daughter or any person who, in any capacity, shall be entrusted with the
¡ Father – history of emotional deprivation and psychological education or custody of the woman seduced
inadequacy ¡ Consented abduction — The abduction of a virgin over twelve
¡ Families – deeply troubled, much hostility between members years and under eighteen years of age, carried out with her consent
¡ Young child is in a helpless and dependent position and unable to and with lewd designs
say no or is simply not mature enough to cope with strong ¡ DEATH DUE TO THE SEXUAL ACT
conflicting feelings of sexual relations with a relative ¡ Death from Natural Causes usually happened to males because of
¡ The younger the child and the closer the relationship, the more greater physical exertion during intercourse – myocardial infarction
serious the emotional consequence ¡ Death of the female partner is usually accidental – suffocation,
¡ Adults who suffered sexual abuse may suffer from depression, self- embolism
abusive behavior and sexual dysfunction. Victims suffer from ¡ Death may be due to defensive act of woman victim
feelings of inferiority, poor basic trust, repressed anger, difficulties ¡ Death of both partners usually due to intercourse in enclosed space
in establishing successful adult relationships ¡ RAPE
¡ REPRESSSED MEMORIES OF SEXUAL ABUSE 1. Carnal knowledge of a woman by a man
¡ Victims of sexual abuse in childhood often have some memory of 2. Through sexual assault – insertion of penis into anal orifice or
prior sexual abuse although they may be fragmented mouth, or insertion of object or instrument to genital or anal orifice
¡ Traumatic experiences may come back in flashbacks, in physical ¡ Must be committed:
forms, such as sensation of gagging, or in nightmares 1. Through force, threat or intimidation
¡ FACTORS TO CONSIDER: 2. When offended party is deprived of reason or otherwise
1. child is emotional, fearful, vague history of injury unconscious
2. child is overly aggressive, disruptive, destructive and hostile 3. Fraudulent machinations, grave abuse of authority
3. vague and defensive detail of child injury from parents or parents 4. Offended party under 12yo or demented
aggressive, abusive or apathetic and unresponsive when ¡ Dementia – strictly refers to slow deterioration of
approached about problems concerning child mental function but may refer to condition where
4. many previous unexplained injuries or history of previous illness there is decreased mental function characterized
5. extended delay in seeking medical care by problems with memory, reasoning or thinking
6. poor growth and development of child ¡ Allegations of Grave abuse of authority, fraudulent machinations –
7. child complains of beatings and maltreatment consider the personality, intellectual capability and circumstances of
the victim
Sex Crimes ¡ Use of Force, threat or intimidation – tenacious resistance is not
¡ VIRGNITY required
¡ Parts of the female body to be considered in the determination of ¡ deprived of reason or otherwise unconscious
the condition of virginity: ¡ EXAMPLES:
1. Breasts ¡ Date rape drugs – Flunitrazepam (Rohypnol)
2. Vaginal Canal ¡ Sleeping sickness, knocked-out, sleeping
3. Labia Majora and Labia minora ¡ Takes effect within 20 minutes, causes
4. Fourchette disorientation, amnesia, muscle relaxation,
5. Hymen dizziness, headaches, slows psychomotor
¡ HYMENAL LACERATION responses, and lowers inhibitions
¡ Parts of the female body to be considered in the determination of ¡ Respiratory depression, coma, and death are
the condition of virginity: unpredictable possibilities when someone
¡ Fresh bleeding – laceration recent unknowingly takes a date rape drug
¡ Fresh healing, with some swelling – after 24 hours ¡ Gamma-hydroxybutyrate
¡ AlcohoL
20
¡ DEATH DUE TO THE SEXUAL ACT ¡ RAPE KIT

1. Death from Natural Causes usually happened to males because of 1. Instructions
greater physical exertion during intercourse – myocardial infarction 2. Small paper bags, envelopes, cardboard boxes – for evidence
2. Death of the female partner is usually accidental – suffocation, collection
embolism 3. White sheets, gauze
3. Death may be due to defensive act of woman victim 4. Microscope glass slides, test tube
4. Death of both partners usually due to intercourse in enclosed space 5. Comb to collect hair and fiber
¡ PROFILE OF RAPISTS 6. Wooden splints, nail clipper
¡ Solitary, socially inadequate man with low self esteem 7. Documentation forms
1. Primary aim: to reassure themselves of their masculinity 8. Labels
by exercising power over their victim. They believe woman ¡ EVIDENCE COLLECTION
will fall in love with them 1. Victim’s clothing bagged
2. They tend to kiss and fondle their victims, compliment 2. Pubic hair region is combed to recover any foreign hair
them on their beauty, and they avoid violence 3. Stains on victim collected in gauze
3. They become distressed if the woman becomes manifestly 4. Pubic hair samples from victim taken
upset or struggles too much 5. Vaginal and cervical smears on microscopic slides, anal smears if
¡ Sexual sadist, excited by woman’s suffering indicated
1. They are extremely intelligent and active 6. Condition of hymen and perineum noted
2. Rape involves torture and may create their own violent 7. Scraping of nails with wooden splint, or nails cut
pornography 8. Oral swabs
3. Cool and calm when committing and recounting crimes 9. Blood sample
4. Penetrate victims as violently as possible ¡ RAPE VICTIM ASSISTANCE
5. They do not appear odd or peculiar to people who know ¡ R.A. No. 8505 Rape Victim Assistance and Protection Act of 1998
them in daily life ¡ Sec. 3 Rape Crisis Center – xxx establish in every province and city
a rape crisis center located in a government hospital or health clinic
¡ Motivation – found to be motivated by anger (violent physical or in any other suitable place for the purpose of:
assault) or assertion of power (no more force than necessary to ¡ (a) Providing rape victims with psychological counselling,
succeed) medical and health services, including their medico-legal
¡ Most serial rapists have prior sexual offenses which may not be examination; xxx
rape – voyeurism, obscene phone calls ¡ Sec. 4. Duty of the Police Officer – xxx
¡ In one study, only 33 percent collected pornography, 76% had ¡ (b) Arrange for counseling and medical services for the
history of prior sexual abuse either as victims or as witnesses offended party xxx
¡ VICTIMS OF RAPE ¡ xxx It shall be the duty of the police officer or the
¡ Acute disorganization characterized by shock, disbelief, fear and examining physician, who must be of the same gender as
anxiety the offended party, to ensure that only persons expressly
¡ May lose appetite, startle at minor noises, develop headaches or authorized by the offended party shall be allowed inside
insomnia or fatigue the room where the investigation or medical or physical
¡ May have trouble maintaining normal family or occupational life examination is being conducted.
¡ May have frightening dreams or develop irrational fears ¡ For this purpose, a women's desk must be established in
¡ May develop sexual dysfunctions – afraid of sex or unable to every police precinct throughout the country to provide a
experience orgasms police woman to conduct investigation of complaints of
¡ MEDICAL EVIDENCE women rape victims. In the same manner, the preliminary
1. Evidences from the victim investigation proper or inquest of women rape victims
¡ physical examination, mental state examination, must be assigned to female prosecutor or prosecutors after
examination of clothing the police shall have endorsed all the pertinent papers
¡ commonly injured extragenital areas are the mouth, throat, thereof to the same office.
wrist, arms, breasts, and thighs. ¡ UNNATURAL SEXUAL OFFENSES AND ABNORMALITIES
2. Examination of the alleged offender – physical examination, 1. Pedophilia – psychiatric disorder in persons 16 years of age or
evidence from sex organ, pubic hair older typically characterized by a primary or exclusive sexual
3. Examination for presence of seminal fluid and spermatozoa – interest toward prepubescent children (generally age 11 years or
clothing, vaginal smear, and other stains on the body(lips, cheeks, younger, though specific diagnostic criteria for the disorder extends
thighs, anus, and buttocks) of victim, accused, crime scene the cut-off point for prepubescence to age 13)
21
2. Bestiality – sexual activity between humans and non-human ¡ A person who is telling the truth can repeat the story the same way many
animals or a fixation on such practice times, with variations, and with missing details.
3. Gerontophilia – sexual preference for the elderly ¡ A person who is telling a fabricated story can repeat it word for word, and
4. Necrophilia – sexual attraction to corpses dates and time are precise, and all details are remembered.
5. Incest – sexual intercourse between family and close relatives ¡ EYES AND FACE:
6. Fetishism – sexual arousal a person receives from a physical 1. When asked about something, looks to the left instead of right
object, or from a specific situation (visually constructed images v. visually remembered images)
7. Frottage – sexual rubbing non-penetrative sex 2. Avoids making eye contact
8. Coprolalia – involuntary swearing or the involuntary utterance of 3. Facial Expression incongruent, or does not affect the whole face
obscene words or socially inappropriate and derogatory remarks 4. Clearing of throat, Licking of lips, rubbing of throat, chin, mouth
9. Indecent Exposure – the deliberate exposure in public or in view ¡ BODY LANGUAGE
of the general public by a person of a portion or portions of his or 1. Stiff posture or uncomfortable, makes adjustment on clothes
her body, in circumstances where the exposure is contrary to local 2. Tendency to distancing self from accuser, turns away,
moral or other standards of appropriate behavior unconsciously positions objects between self and accuser
¡ Art. 55 of the Family Code - A petition for legal separation may be filed on 3. Crossing of arms
the ground of sexual infidelity or perversion; ¡ PHYSIOLOGICAL BASIS
¡ R.A. 9262 – A sexual perversion may be considered as an act of Violence ¡ Sympathetic system – function is to prepare a body for emergency,
against women or children which could include stalking, voyeurism Fight or Flight response
1. Increase heart rate
Alcohol 2. Constricted arterioles of skin
¡ 22ML OF 40%(80 PROOF ALCOHOL) PER HOUR – IF YOU SIP AT THIS RATE, 3. Arterioles of muscles dilated
YOU DO NOT ACCUMULATE ALCOHOL IN THE BODY 4. Blood pressure is raised
¡ 1 CUP = 250 ML 5. Redistribution of blood – leaves skin, and GI tract and passes brain,
¡ Speed that alcohol enters blood stream depends on: heart, skeletal muscles
¡ Food in stomach 6. Dilate pupils
¡ Type of beverage and concentration of alcohol 7. Hair may stand on end
¡ Circumstances under which alcohol is consumed 8. Sweating occurs
¡ Drinker’s constitutional state ¡ WHEN A PERSON IS LYING OR NERVOUS
¡ Dryness of mouth, licking of lips
Intoxication ¡ Shaking or trembling
¡ 0.05 percent alcohol in blood – thought judgment and restraint are loosened ¡ Perspiration
and sometimes disrupted ¡ Increased heartbeat
¡ 0.10 percent – voluntary motor actions usually become perceptibly clumsy ¡ Faster pulse, slight pulsing of neck arteries
¡ 0.20 percent – function of entire motor area of brain is measurably ¡ Rapid breathing
depressed ¡ Flushing of face
¡ 0.30 percent – person is confused and may become stuporous ¡ People v. Adoviso - 309 SCRA 1(1999)
¡ 0.40-0.50 percent – person is in coma ¡ Adovino shot Rufino Agunos several times with said firearms hitting
¡ At higher levels, the primitive centers of the brain that control breathing and the latter on the different parts of his body which were the direct
heart rate are affected and death ensues and immediate cause of his death. On the premise that the trial
¡ Alcohol may produce blackouts/amnesia court rendered the judgment of conviction on the basis of “mere
¡ Alcohol is metabolized in the liver conjectures and speculations,” appellant argues that the negative
¡ Some drugs are also metabolized in the liver result of the polygraph test should be given weight to tilt the scales
¡ Prolonged use increases metabolism of justice in his favor.
¡ Does not get drunk easily ¡ The theory behind a polygraph or lie detector test is that a person
¡ Drugs don’t take effect who lies deliberately will have a rising blood pressure and a
¡ But if intoxicated – alcohol and drug competes and toxic blood levels may subconscious block in breathing, which will be recorded on the
accumulate because the competition with alcohol causes less drug to be graph. However, American courts almost uniformly reject the
metabolized results of polygraph tests when offered in evidence for the purpose
¡ Others drugs have synergistic effect with alcohol which means they become of establishing the guilt or innocence of one accused of a crime,
more potent – narcotics, benzodiazepines, other depressants whether the accused or the prosecution seeks its introduction, for
the reason that polygraph has not as yet attained scientific
Deception Detection 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 the child to perceive, remember, communicate, distinguish truth from
vested upon a lie detector test as it is not conclusive. Appellant, in falsehood, or appreciate the duty to tell the truth in court.
this case, has not advanced any reason why this rule should not ¡ Examination of a child as to his competence shall be conducted only by the
apply to him. judge who shall ask only developmentally appropriate questions
¡ POLYGRAPH ¡ Court may appoint:
¡ Accuracy depends on: 1. Interpreter for child
1. Subject 2. Facilitator - The facilitator may be a child psychologist, psychiatrist,
2. Equipment social worker, guidance counselor, teacher, religious leader, parent,
3. Operator or relative.
¡ Failure to detect lies: 3. Guardian ad litem
1. Subject has taken drugs 4. Support persons - A child testifying at a judicial proceeding or
2. Makes deliberate muscular contractions making a deposition shall have the right to be accompanied by one
3. Psychopathic personality or two persons of his own choosing to provide him emotional
¡ Polygraph measures: support.
1. Respiration and depth of breathing ¡ In his testimony, the child may be allowed use of:
2. Changes in skin 1. Testimonial aids
3. Blood pressure 2. Emotional security item - While testifying, a child shall be allowed to
4. Pulse rate have an item of his own choosing such as a blanket, toy, or doll.
¡ HYPNOSIS 3. Screens, one-way mirrors, and other devices to shield child from
¡ Brain waves remain as if awake, oxygen consumption is the same accused
¡ Induce trance by persuading subjects to relax, lose interest in ¡ When a child testifies:
external distractions, focus on hypnotist’s suggestions 1. the public may be excluded
¡ Once subject is relaxed, hypnotist gives simple suggestions before 2. testimony may be given in a separate room to be televised to the
proceeding to more difficult ones courtroom by Live-link television
¡ Hypnotic susceptibility depends on trust on the hypnotist and 3. videotaped deposition may be applied for- which may be admitted
willingness to be hypnotized into evidence If, at the time of trial, the court finds that the child is
¡ Information obtained under Hypnosis not admissible unable to testify
¡ PSYCHOLOGICAL STRESS EVALUATOR AND VOICE STRESS TESTS – not ¡ Studies Suggest that:
scientifically proven to be reliable, measures micro-tremors of the human ¡ Children as young as six years old have no trouble distinguishing
voice between fact and fantasy when describing the actions of other
¡ TRUTH SERUM people. In one study, on only one test did six year olds do worse
¡ Sodium pentathol than adults – children had trouble distinguishing what they had
¡ Drug removes person’s inhibitions so he or she is more likely to tell actually said aloud from what they had imagined themselves saying
the truth ¡ When testimony depends on noticing an incidental event, six year
¡ Patients may become violently excited olds seemed to do better than adults who tend to concentrate more
narrowly than children who usually do not focus their attention in
Rule on Examination of a Child Witness the same single-minded manner that adults do
¡ Rules apply whenever proceedings involve a “child witness” ¡ Children make less inferences than adults because children have a
¡ Child witness: A “child witness” is any person who at the time of giving smaller store of knowledge and are unlikely to distort information
testimony is below the age of eighteen (18) years. In child abuse cases, a by incorrect expectations
child includes one over eighteen (18) years but is found by the court as ¡ Testimony of children are more sketchy because they remember
unable to fully take care of himself or protect himself from abuse, neglect, fewer details.
cruelty, exploitation, or discrimination because of a physical or mental ¡ A child may be suggestible if the child did not understand the event
disability or condition. or if the child’s memory of the event has become relatively less
¡ Objectives: to create and maintain an environment that will allow children accessible.
1. to give reliable and complete evidence, ¡ In identification of suspects, children are more likely to make false
2. minimize trauma to children, identifications unless the person is familiar to them.
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
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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1

THE WOMEN OF ALEITHEIA

LECTURE 1 Legal Medicine

Autopsy ¡ Questioned Document Examination – study of all types of questioned

¡ Automated Fingerprint Identification System or (AFIS) - which can LECTURE 2

Filiation Biological/Scientific Evidence

LECTURE 4 ¡ Contracts – partnership, agency, insurance

¡ Death within 4 days – estimated to within 4 hours 3. POSTMORTEM LIVIDITY

¡ CHANGES IN MUSCLE FOLLOWING DEATH Putrefaction

Types of Wounds ¡ May be caused by disease too – hemophilia

¡ Expert witness AUTOMOTIVE CRASH

¡ DEATH DUE TO THE SEXUAL ACT ¡ RAPE KIT

VAWC: Republic Act No. 9262, Sections 29, 35, 40

Rule 130: Expert Witness Rule

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