SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

MODULE 7

MEDICO LEGAL FEATURE IDENTIFICATION AND DEATH

Introduction

This module focuses on the crucial elements of medico-legal investigations,

particularly in identifying features related to death, medical evidence, and forensic
techniques. A clear understanding of the medico-legal aspects of death investigation
is vital for criminologists and legal professionals, as it helps determine the cause of
death, collect vital evidence, and establish the legal significance of medical findings.
The module explores key topics such as medical evidence, the law of multiplicity of
evidence, fingerprinting, handwriting analysis, and the legal importance of
determining death. It also delves into the physiological changes that occur after death,
such as putrefaction, and various judicial methods of determining death.

Learning Outcomes
By the end of this module, students will be able to:
1. Identify and comprehend the medico-legal features used to determine death
and its implications in criminal investigations.
2. Explain the role and types of medical evidence in death investigations and how
it supports legal proceedings.
3. Understand the law of multiplicity of evidence and its significance in criminal
investigations.
4. Utilize fingerprinting and handwriting analysis techniques to identify suspects
and link individuals to crime scenes.
5. Understand the legal importance of determining death, including the legal
procedures followed to confirm death.
6. Identify the physiological changes in the body after death, such as
putrefaction, and their relevance to investigations.
7. Examine the various judicial methods for determining death and their
application in legal cases.

Discussion Board

Lesson 1.1 Medico Legal Feature

Nature of the Study of the Legal Medicine:

Knowledge of legal medicine means the ability to acquire facts, the power to
arrange those facts in their logical order, and to draw a conclusion from the facts
which may be useful in the administration of justice.

Physician practitioner is known as: Medical examiner, medico-legal officer,

and medico-legal expert.

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LEGAL MEDICINE DEFINED

A branch of medicine which deals with the application of medical knowledge

to the purposes of law and the administration of justice. It is the application of basic
and clinical, medical and paramedical sciences to elucidate legal matters.

The term legal medicine, forensic medicine and medical jurisprudence are
synonymous and in common are used interchangeably.

Strictly speaking, legal medicine is primarily the application of medicine to legal

cases. (Solis)

• Forensic Medicine – concerns with the application of medical science to

elucidate legal problems.

• Forensic Science – in its broadest definition is the application of science to

law. It applies the knowledge and technology of science for the definition and
enforcement of laws.

- In a limited definition: it is the application of science to those criminal and

civil laws that are enforced by police agencies in a criminal justice system.

• Law – rule of conduct, just, dictated by legitimate power, compulsory and

obligatory to all.

• Forensic – denotes anything belonging to the court of law or used in court or

legal proceedings fitted to legal or public argumentation.

• Legal – is that pertains to law, arising out of, by virtue or included in law. It
also refers to anything conformable to the letters or rules of law as it is
administered by the court.
• Medical Jurist –(Medico-legal Expert) is a physician who specializes in the
science of legal medicine.

MEDICINE DEFINED

Medicine is defined as a science and art dealing with prevention, cure and
alleviation of disease. It is part of science of restoring and preserving health.
The term medicine is also applied to a science and art of diagnosing, treating,
curing and preventing disease, relieving pain and improving the health of a person.

MEDICAL JURISPRUDENCE DEFINED

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A branch of law which deals with the organization and regulation of the medical
profession, with the contractual obligations existing between practitioners and his
patient, and the duties imposed on the practitioner by the state.

Forensic Science Services

Forensic Pathology – involves the investigation of sudden, unnatural,

unexplained, or violent deaths to determine the cause of death.

Forensic Anthropology – is a specialty concerned primarily with the

identification and examination of human skeletal system.

Forensic Entomology – the study of insects and their relation to a criminal

investigation.

Forensic Psychiatry – a specialized area in which relationship between

human behavior and legal proceedings are examined.

Forensic Odontology – practitioners provide information for the identification

of victim when body is left in an un-recognizable state.

Forensic Engineering – concerned with failure analysis, accident

reconstruction, and causes and origins of fires or explosives.

Branches of Law Where Legal Medicine may be applied:

1. Civil Law – a mass or precepts that determine and regulate the relation of
assistance, authority and obedience between members of the family and those
which exist among members of a society for the protection of private interest
(Civil Code of the Phil.). Useful in the following:

• Determination and termination of civil personality;

• Limitation or restriction of a natural person’s capacity act;
• Marriage and legal separation;
• Paternity and filiations;
• Testamentary capacity of a person making will.

2. Criminal Law – is that branch or division of law which defines crimes, threats
of their nature and provides of their punishment (Revised Penal Code of the
Phil.).

Legal Medicine is applicable in the following:

- Circumstances affecting criminal liability;
- Crimes against person; and
- Crimes against chastity.

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3. Remedial Law – is that branch or division of law which deals with the rules
concerning pleadings, practices and procedures in all courts of the Philippines
(Rules of Court in the Philippines and also in remedial provision of Special
Laws). Legal Medicine may be applied in the following:
- Physical and mental examination of a person;
- Proceeding for hospitalization of an insane person; and
- Rules of evidences

4. Special Laws:
- Comprehensive Dangerous Drug Act of 2002 (R.A. 9165);
- Code of Sanitation (P.D. 856);
- Youth and child welfare Code;
- Insurance Law;
- Labor code;
- Employee’s comprehensive law.

MEDICAL EVIDENCE

A kind of evidence sanction by law, of ascertaining in a judicial proceeding the

truth respecting a matter of fact wherein scientific medical knowledge will be used
(Maligaya)

Kinds:
1. Relevant evidence – it is evidence having any value in reason as tending to
prove any matter probable in an action.
2. Material evidence – evidence which refers to the direction to prove a fact in
issue as determined by the rules of substantive law.
3. Competent evidence – evidence which is not excluded by law in a particular
case.
4. Direct evidence –evidence which proves the fact in dispute without the aid of
any interference or presumption.
5. Circumstantial evidence – it is a proof of fact or facts from which, taken either
singly or collectively inferred as a necessary or probable consequence.
6. Expert evidence – it is the testimony of one possessing, in regard to a
particular subject or department of human activity, knowledge not usually
acquired by another person.
7. Prima Facie evidence – it is that evidence which suffices for the proof of a
particular fact, until contradicted and overcame by other evidences.
8. Corroborative evidence – it is additional evidence of a different kind and
character, tending to prove the same point.

Forms of Medical Evidence:

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1. Real, Object or Autoptic Evidence – as defined by the Rules of Court refers to

evidence that is addressed to the senses.
Object evidence does not refer to the perception of the witness and a
recollection of that perception. It is not a reconstruction of past events as related
by a witness on the stand.
Real or object evidence is not a verbal description of something. It is not a
replica or a mere representation of something. Object or real evidence is exactly
what its name suggests. It is the real thing itself like the knife used to slash the
victim’s throat, the ring actually stolen by the accused, the bullet extracted from
the victim’s chest or the blood splattered on the wall of the room where the victim
was found. It consists of tangible things like a gun, broken glass, a piece of bloody
clothing or the defective ladder that caused the fall of the plaintiff.

Basic Requisites for the Admissibility of an Object or real evidence:

a) The evidence must be relevant;
b) The evidence must be authenticated;
c) The authentication must be made by a competent witness; and
d) The object must be formally offered in evidence.

Limitation to the presentation of real evidence:

- Indecency and Impropriety
- Repulsive Objects and those Offensive to sensibilities

Categories of Object Evidence

For purposes of authentication of an object or for laying the foundation for the
exhibit, object evidence may be classified into the following:
a) Objects that have readily identifiable marks (Unique objects);
b) Objects that are made readily identifiable (objects made unique); and
c) Objects with no identifying marks and cannot be marked (non-unique objects).

Rule on Chain of Custody

The non-unique objects refer to those objects which are not readily identifiable,
were not made identifiable or cannot be made identifiable like drops of blood or
oil, drugs in powder form, fiber, grains of sand and similar objects. Under this
situation, the proponent of the evidence must establish a chain of custody.
The purpose of establishing a chain of custody is to guaranty the integrity of
the physical evidence and to prevent the introduction of evidence which is not
authentic but where the exhibit is positively identified the chain of custody of
physical evidences irrelevant.
Since it is called a chain, there must be links to the chain. The links are the
people who actually handled or had custody of the object. Each of the links in the
chain must show how he received the object, how he handled it to prevent
substitution and how it was transferred to another. Each of the handlers of the

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evidence is a link in the chain and must testify to make the foundation complete.
This is the ideal way to show the chain of custody although the ideal way is not
absolutely required.
Demonstrative Evidence is not the actual thing but is referred to a
demonstrative because it represents or demonstrates the real thing. It is not
strictly real evidence because it is not the very thing involved in the case. A map,
a diagram, a photograph and a model, fall under this category.

2. Testimonial evidence:
a. Ordinary Witness – A physician who testifies in court on matters he perceived
from his patient in the course of physician-patient relationship.
b. Expert Witness – A physician on account of his training and experience can
give his opinion on a set of medical facts.
3. Experimental evidence – a form of evidence extracted after an experiment was
performed in court to prove a certain fact. The experiments may be permitted in
court but also with limitations as in real evidence.
4. Documentary evidence – Written evidence presented in court by an expert
witness about the subject matter in dispute and not excluded by the Rules of
Court.
Documents as evidence do not exclusively refer to writings. They may refer to
any other material like objects as long as the material contains letters, words,
numbers, figures, symbols or other modes of written expression and offered as
proof of their contents.

a. Medical certification or report on: Medical examination, physical examination,

Necropsy(autopsy), Laboratory, Exhumation, Birth and Death)
b. Medical Expert Opinion
c. Deposition – A written record of evidence given orally and transcribed in writing
in the form of questions by the interrogator and the answer of the deponent
and signed by the latter.

5. Physical evidence – These are articles and materials found in connection with
the investigation and which aid in establishing the identity of the perpetrator or the
circumstances under which the crime was committed.

Types of Physical evidence:

a. Corpus Delicti Evidence
b. Associative Evidence
c. Tracing Evidence

Methods of Preserving Physical Evidence:

a. Photographs, audio/video, photocopies
b. Sketching
c. Descriptions
d. Manikin Method

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e. Preservation from the mind of the witness

f. Special methods:
1. Whole human body embalming
2. Soft tissues – 10% formalin
3. Blood – refrigeration sealed bottled container, addition of chemical
preservatives.
4. Stains (blood/semen) – drying, placing in sealed container
5. Poison – sealed container.

Lesson 1.2 The Law of Multiplicity of Evidence in Identification

The Law of Multiplicity is a law applicable in identification which states that the
greater the similarities and dissimilarities, the greater is the probability for the
conclusion to be correct.

Ordinary Methods of Identification (Points to Consider):

a) Face
1. Configuration and shape.
2. Expression or forms according to races or effects of diseases.
3. Color of the face.
4. Marks on faces.
b) Eyes – size, shape, color, condition of eye lashes, abnormalities.
c) Nose – size and shape, condition of the nards and septum.
d) Head – size, shape, condition of forehead.
e) Ears – size, shape and configuration, presence of earring holes, abnormalities
f) Mouth – size, lips
g) Body built – thin and skinny, slender or robust type.
h) Height – tall or small, other measurement.
i) Weight – approximation as to weight.
j) Gait – it is the manner of walking.
k) Complexion – color, tattoo marks.
l) Mannerism – usual peculiar movement of the body or parts of the body.
m) Hands and Feet – size, shape and configuration, number of fingers or toe.
n) Teeth – natural or artificial, loss of teeth, alignment of teeth, size of teeth,
hygiene of the teeth, condition of the gum.

Point of Identification to both the Living and the Dead before decomposition:
occupational mark; race; stature; teeth; tattoo marks; deformities; birth mark; injuries
leaving permanent results; and mole.

SCIENTIFIC METHODS OF IDENTIFICATION

DNA FINGERPRINTING: CRACKING OUR GENETIC “BARCODE”

(Elaine N. Marieb: Essentials of Human Anatomy and Physiology)

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The terrorist attacks on New York City’s World Trade Center killed more than
3,000 people, their bodies buried in millions of tons of rubble. As weeks passed, it
became clear that even if victims could be recovered from the wreckage, their bodies
would probably be mangled, burned, or decomposed to a point where even family
members would not recognize them.

In a situation like this, how can we identify individuals with any certainty? The
New York Medical Examiner’s Office turned to DNA fingerprinting, a technique for
analyzing tiny samples of DNA taken from semen, skin, blood, and other body tissues.
DNA fingerprinting is based on the fact that no two human beings, except for identical
twins, possess identical sets of genetic material. In effect, DNA fingerprinting creates
a unique genetic “barcode” that distinguishes each of us from all other humans. Let’s
see how it works.

Creating a DNA Profile

Recall the DNA contains four nucleotides – A, G, C, and T – that form

complementary base pairs. In the members of the same species, 99.9 percent of DNA
is identical. This means that only 0.1 percent of your DNA differs from that of other
humans- even close relatives, but this is enough to make you genetically unique. In
a DNA string 3 billion units long, that 0.1 percent translates into 3 million variations
that differ slightly from everyone else’s. Unless you’re an identical sibling, your set of
DNA is yours alone. DNA fingerprinting involves analyzing an individual’s DNA,
mapping its unique pattern, and comparing it to other DNA profiles to determine
whether there’s a match.

A standard technique for creating a DNA profile focuses on 13 specific sites

on our chromosomes where short segments of nuclear DNA are arranged in a
repeating sequence. Although it is theoretically possible that unrelated people could
show identical repeats at all 13 sites, the odds are less than 1 in 1 trillion.

Sometimes it can be difficult to obtain sufficient nuclear DNA for analysis. DNA
examples recovered from crime scenes or disaster sites, for example, are frequently
contaminated with dirt, fibers, and debris, or badly decomposed, limiting the amount
of testable tissue. DNA retrieval can become a race against time as microbes,
enzymes, insects, and environmental factors such as heat and humidity accelerate
the process of decomposition.

SORTING AND IDENTIFYING OF DNA

For DNA to be profiled, it must first be cut into manageable fragments by

restriction enzymes, enzymes that recognize a specific base sequence and cleave
the DNA at this location. This breaks down chromosomes into millions of different
sizes that are then subjected to gel electrophoresis, which sorts the pieces by length.
The DNA is placed on a gel and positioned in an electric field. The negatively charged

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fragments of DNA are attracted to the positively charged electrode and migrate
toward it because the smaller pieces move more quickly than the larger pieces, the
fragments end up sorted by size.

To locate a specific repeating sequence, researchers make a DNA probe with

a complementary sequence and tag it with the radioactive compound. Because their
sequences are complementary, the probe binds to the site; and when exposed to X-
ray film, the image shows dark bands where the probe bound to the DNA.

A victim’s DNA profile is then compared to known references to find one that
matches. In the case of the World Trade Center attack, DNA references were
obtained from victim’s personal effects (such as toothbrushes and combs), entered
into a computer, and sorted to find a match.

DNA FINGERPRINTING AND FORENSICS

DNA fingerprinting has become a vital tool in forensic medicine (the application
of medical knowledge to questions of law). For example, DNA fingerprinting is used
to identify “John and Jane Does”, unknown human remains. The U.S military takes
blood and saliva samples from every recruit so it can identify soldiers killed in the line
of duty. DNA fingerprinting can also identify victims of mass disasters such as
airplane crashes. The World Trade Center tragedy called for genetic analysis on an
unprecedented scale.
DNA fingerprinting can prove that the suspect was actually at the scene of the
crime. In the United States, some communities now require certain criminal offenders
to provide DNA samples, which are classified and stored. DNA profiles can also
establish innocence. At least 10 people in the United States have been released from
death row after genetic evidence exonerated them.

DNA fingerprinting can also verify relationships in cases of disputed property,

identify long lost relatives, and establish paternity, even in the paternity cases that
are centuries old. For example, historians have fiercely debated whether Thomas
Jefferson, our third President, fathered any children by his slave Sally Hemings.
Modern DNA researchers entered the fray by profiling Jefferson’s Y chromosome. A
comparison of 19 genetic markers on the Jefferson Y chromosomes and those for
Hemings’ descendants found identical matches between the Jefferson line and
Hemings’ youngest son. Could it be chance? Hardly!

DNA or deoxyribonucleic acid

This refers to the chemical inside the nucleus of all cells that carries the genetic
instructions for making living organisms. A DNA is made up of two stands of wrap
around each other to resemble a twisted ladder. The sides are made of sugar and
phosphate molecules. The rungs are made of nitrogen-containing chemicals called

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bases. Each strand is composed of one sugar molecule, one phosphate molecule
and a base.

The four nucleotides are given abbreviations as shorthand for the bases.
A is for adenine; G is for guanine; C is for cytosine; and T is for thymine.

• DNA is your genetic blueprint.

• You inherit it from your biological parents.
• It codes for things like eye color, hair color, stature, predisposition to some
diseases and many other human traits.
• DNA is constructed like a ladder; each base forms half of the rung, meeting in
the middle.

Applications of DNA Analysis

• Criminal Investigations -- matching suspect with evidence

• Parentage Testing -- identifying parent(s)
• Historical investigations
• Missing persons investigations
• Mass disasters – positive identification of the deceased
• Military DNA “dog tag”
• Convicted felon DNA databases

Why is DNA evidence useful in criminal investigation?

"DNA evidence" constitutes the totality of the DNA profiles, results and
other genetic information directly generated from DNA testing of biological
samples.

DNA in Criminal Investigations

• Skin, blood, semen, teeth, muscle, fingernails, bone, feces, hairs and saliva all
contain DNA.
• The same DNA is found in all cells of the body.
• The same DNA profile is recovered, no matter what the sample (cell) type.
• Your DNA does not change through your life.
• Any cellular material left at a crime scene may be a useful source of DNA.

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Evidence Collection and Preservation

As a general rule – air dry any sample taken. If it is in the form of tissues,
either freeze or soak in lyses buffer solution.
DNA evidence can be found anywhere at a crime scene.

General Guidelines for the Handling, packing, and Shipping of Biological

Evidence:
• Degradation of biological evidence is most commonly caused by
exposure to moisture and heat, which encourages the growth of
bacteria. This can lead to destruction of the DNA and the possibility of
incomplete or no DNA typing results being obtained.
• Contamination of samples, either by coming into contact with each
other, or with DNA from a person handling the sample, can lead to un‐
interpretable DNA results.

Considerations for Handling

In order to avoid contamination of DNA evidence, Human Identification
Technologies, Inc. recommends the following:
• Always wear latex gloves when handling biological evidence.
• Change gloves between handling of each item of evidence.
• Process biological evidence on a clean area (such as a fresh piece of
butcher paper). Use a 10 % bleach solution to clean areas at which
biological evidence will be handled.
• Be careful not to talk excessively over biological evidence. Wear a mask
if necessary.
• Only work with one piece of evidence at a time.
• Never allow items of biological evidence to come into contact with each
other.

Ways to avoid degradation of DNA evidence:

• Do not expose biological evidence to excessive heat or humidity.
• Allow biological evidence to air‐dry prior to packaging.

Considerations for Packing

• Dried Stains. After stains have been air dried, store frozen or refrigerated
in separate paper containers (e.g. bags, envelopes, cardboard boxes).
NEVER USE PLASTIC CONTAINERS
• Liquid Blood Samples. Store refrigerated in original glass/plastic tubes.
NEVER FREEZE LIQUID BLOOD SAMPLES as glass tubes can shatter
• Other. Biological evidence such as tissue samples, organ samples, bones,
and liquid urine samples can be stored in air‐tight, sterile plastic containers.

Limitation of DNA Analysis

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a) DNA cannot be used to:

• Tell how long the suspect was at the crime scene.
• Tell how long the suspect handled an object.
• Determine how long ago the cells were deposited on the item.

b) Environmental factors such as heat, bacteria and mold can destroy DNA
evidence.
c) Identical twins share identical DNA.
d) DNA cannot be used to determine WHEN the suspect was at the crime
scene.

Has Forensic DNA Profiling replaced other forensic techniques?

• Not all cases can be solved with DNA.
• Not all cases can be solved with fingerprinting.
• The disciplines can work in synergy.
• Forensic science is multidisciplinary: pathology, biology, anthropology,
odontology, toxicology, ballistics, fingerprints, etc.

How long does crime scene DNA last?

• If items have been stored properly, DNA can last decades (30+ years).
• Exposed to harsh environment (eg: heat, sunlight, moisture, mold), DNA may
only last a few days or weeks.
• In the laboratory: we can’t tell in advance whether or not an item will yield any
DNA.
• DNA can be present, but too degraded to give a result (partial DNA profiles)

Availability of DNA Testing in the Philippines

• UP DNA Analysis Laboratory
• PNP Crime Laboratory DNA Analysis Section
• NBI DNA Division
• St. Luke’s Hospital
• National Kidney and Transplant Institute

DACTYLOSCOPHY

Fingerprinting – considered to be the most valuable method of identification.

Principle:
a. No two identical fingerprint
b. Fingerprints are not changeable
c.
Dactylography– is the art and study of recording fingerprints as a means of
identification.

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Dactyloscophy – is the art of identification by comparison of fingerprints. It is the

study and utilization of fingerprints.
Poroscopy– is the study of pores found on the capillary or friction ridges of the skin
for the purpose of identification.

Methods of producing impressions:

1. Plain method – The bulbs of the last phalanges of the fingers and thumb are pressed
on the surface of the paper after pressing them on ink plate with printing ink.
2. Rolled method – The bulb of the thumb and other fingers are rolled on the surface
of the paper after being rolled in an inkpad with the printing ink.

Kinds of Impressions:
a. Real – impression of the finger bulbs with the use of printing ink on the surface of
the paper.
b. Chance impression – Fingerprints which are impressed by mere chance without
any intention to produce it.
1. Visible print – impression made by chance and is visible without previous
treatment.
2. Plastic print.
3. Latent print – Prints which are not visible after impression but made visible by
the addition of some substances.

Types of Patterns:
a. Arch (Plain and Tinted)
b. Loops (Radial and Ulnar)
c. Whorl (Plain; Central Pocket: Double; and Accidental)

Bifurcation – forking or dividing of one line into two or more branches.

Divergence – spreading apart of two lines which have been running parallel or
nearly parallel.
Delta – point on a ridge at or in front of and nearest the center of the divergence
of the type line.

Handwriting

Bibliotics – the science of handwriting analysis. It is the study of documents and

writing materials to determine its genuineness or authorship.
Graphology – the study of the handwriting for the purpose of determining the writer’s
personality, character and aptitude.
Handwriting is a complex interaction of nerves, memory and muscular movement.
Writingis a conscious act, but on account of a repeated act it becomes habitual and
unconscious.

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Identification of Skeleton

The legal importance in the study of skeleton:

a. For identification whether the skeleton is of human or not.
b. Determination of sex.
c. Determination of race.
d. Determination of height.
e. Determination of plurality of missing bones.
f. Determination of ante-mortem or post-mortem injuries in the bones and teeth.
g. Determination of the duration of internment.

Difference between Male and Female Pelvis

Male Pelvis Female Pelvis

1. Heavier in construction Lighter in construction
2. Pubic Arch- narrow and less Pubic arch- wider and round
round
3. Diameter of true pelvis is less Diameter of true pelvis is greater
4. Greater sciatic notch is narrow Greater sciatic notch is wider
5. Body of the pubis is narrow Body of the pubis is wider
6. Obturator Foramen is egg shape Obturator Foramen is triangular in
shape
7. Sacrum is short and wide Sacrum is short and wide

Determination of Sex

a) Presumptive evidence:
i. Body contour – females have prominent pelvis while males have
slender body.
ii. Voice and manner of speech – females have high-pitch voice,
while males have low-pitch voice; males have hard and well-
developed muscles; males usually stronger than females.
b) Probable evidence :
i. Possession of female genital organs such as vagina, uterus and
enlarge breast at maturity; possession of penis in male.
ii. Estrogen and progesterone in females; and resterone and
testosterone in males.
c) Conclusive evidence:
Presence of ovary in female; presence of testes in male.

Determination of Age

Rules to determine the Age of the Fetus:

i. For the fetus less than 25cm long, find the square root of the length in
centimeters and the result is the age of the fetus in months.

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ii. For fetus 25cm long or more, divide the length of the fetus in
centimeters by five (5) and the result is the age of the fetus in month.

Identification of Blood and Blood Stains

Legal Importance in the study of blood:

a. For identification;
b. To determine relationship in a crime of parricide;
c. To determine the cause of death.
d. To determine the direction of escape of the victim or assailant.
e. To determine the place of commission of the crime.

Determination of the Presence of Blood:

a. Physical Examination
i. Physical characteristic
ii. Solubility test
iii. Heat test
iv. Luminescence test
b. Chemical examination
i. Benzidine test
ii. Guaiacun test
iii. Phenophthalene test – Kastle-Meyer test
iv. Leuko-malachite Green test
v. Stained material in saline plus ammonia
c. Microscopic examination
d. Biological Examination – Precipitin test.

Identification of Hair and Fibers

Hair – is the outermost covering part of the different parts of the body with the
exception of the palm of the hands and the sole of the feet.

Through microscopic examination, the forensic examiner will first determine if the hair
samples are of animal or human origin. If the hair is of animal, a general determination
as to species may be made, i.e., cat, dog, horse, cow, carabao, etc. In the case of
human hair, the following can be determined:

1. The race of the person the hair originated from Negroid, Mongolian, and
Caucasian.
2. The area of the body surface that the hair originated from head, face, chest,
axilla, and pubic region.
3. How hair was removed – naturally or forcibly.
4. Whether the hair was cut will dull or sharp instrument or was crushed or
burned.
5. Usually examination will not permit conclusive determination of age and sex.

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Fiber – composed of knotted or woven yarn; examined in terms of color, composition

and construction. Questioned fabric may be determined if similar to known fabrics.
Positive identification may be made where a questioned piece of fabrics may be fitted
back into the known fabrics. This type of fabric examination is based on matching
broken ends of yarn together.

Fiber may be identified as to type, color and matching characteristics based

on laboratory microscopic, micro-chemical and melting examinations. Generally, fiber
matches are not positive evidence, and require substantiation with other
corroborative evidence.

Anthropometry (Bertillon’s System)

Study of measurements of human body, esp., in comparative basis.

The measurement of the human body; the branch of anthropology relating to

such measurement of person at various ages and in different tribes, occupation, etc.
(Webster)
Alphonse Bertillon, a French Criminologist devised scheme using
anthropometrical measurement of human body. The number of bones of human adult
skeleton is 206.

Basis for Bertillon system:

1. Human skeleton does not change after 20 years.
2. It is impossible to find human beings having bones exactly the same.
3. Measurements can be easily taken by using simple instrument.

Methods of Approximating the Height of the Person:

1. Measure the distance between the tips of the middle fingers of both hands with
the arms extended laterally and it will be equal to the height of the person.
2. Two times the length of one arm plus 12 inches for the clavicle and 1.5 inches
for the sternum is the approximate height.
3. Two times the length from the vertex of the skull to the pubis symphysis is the
height of the person.
4. The distance between the sterna notch and the pubis symphysis is about one
third (1/3) of the height.
5. The distance from the base of the skull to the coccyx is about 44% of the
height.

Lesson 1.3 MEDICO-LEGAL INVESTIGATION

The Medico-legal System

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1. Medico-Legal Office – This is the medico-legal system in the Philippines

handled by a medical jurist or medico-legal officer who is a registered
physician duly qualified to practice medicine in the Philippines. The medico-
legal officer is the one who investigates medico-legal cases of death, physical
injuries, rape and other sexual crimes. His duty is to examine the victim or
assailant, to make a report and to appear as expert witness in court when
summon by the proper authorities.

2. Medical Examiner - This system is used in some parts of United States. It is

handled by the Chief Medical Examiner who is a Doctor of Medicine and
appointed by the Mayor from the classified list compiled by the civil service on
the basis of competitive examinations.
The duty of medical examiner is to investigate the cause of death
especially violent deaths or other circumstances leading to the death of the
victim. The medical examiner on duty after being informed by the police officer
of a certain crime that needs to be investigated by the medical examiner will
go to the place of the crime, interview the witness, examine the victim and then
take specimen, if any, for examination. Then, during trial, the medical examiner
will present his medical reports to the court.

3. Coroner System – The Coroner System probably originated in England. A

Country Coroner or Borough Coroner is a barrister, solicitor, or legally qualified
medical practitioner, of not less than five years standing in his profession and
is elected by the County Council or Borough Council.
The Coroner is an inquest officer whose duty is to inquire into the
circumstances of certain medico-legal deaths within his jurisdiction. Unlike, the
medico-legal officer and the medical examiner whose qualification, duties and
powers are practically the same, the coroner had investigative and judicial
functions. He is notified by the police officers, doctors, registrar of death, or by
anyone about a case of violent death. The coroner may then summon a doctor
to make an examination of the body of the victims; witnesses may summoned
by the coroner for the coroner’s court.
After the jury, the case maybe finally transferred to the magistrate if
minor cases, and to the court of assize if serious cases. Again, the coroner,
medical practitioners, police officers and witnesses maybe summoned to
confirm and/or shed light about the cases.

THE MEDICO-LEGAL DIVISION

Functions
1. Perform autopsy to determine the cause, manner, mechanism and time of
death.
2. Perform examination of human skeletal remains to determine the sex, age,
race, and body built in order to establish the identity and to determine the
cause of death.

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3. Conduct exhumation of human remains.

4. Perform physical examination on victims of physical injuries.
5. Perform genital and extra-genital examinations on victims of sexual abuse.
6. Perform physical examination on suspect prior to detention or release.
7. Perform forensic odontology examinations.
8. Perform hispathological examination.
9. Perform serological and microbiological examination.
10. To conduct DNA Analysis and paternity determination.
11. Psychiatric evaluation.

Capabilities
1. Autopsy – to determine the cause, mechanism and manner of death.
2. Exhumation – to determine/verify the exact cause of death.
3. Physical Examination – sexual offenses, physical injuries, arrested and to be
released persons.
4. Skeletal Remains Examination – to determine the causes of death and
identification.
5. Hispatological Examination – to determine the cause of death through tissue
examination.
6. Serological Examination – to determine presence of human blood and type.
7. DNA Examination – tissue matching examination.
8. Lectures/Demonstrates/Seminars
9. Court Duties – testify in court
10. Scene of Crime Operation (SOCO) – collection preservation, and handling of
evidence.

The following are cases considered medico-legal in nature:

1. Injuries or deaths involving persons who have no means of being identify.
2. Persons pronounced as “Dead on Arrival.”
To be classified as being dead on arrival at the emergency room of the
hospital or DOA is liberally construed to mean also dying within short
period of the time arrival which may be within one hour as long as 24
hours depending on the circumstances of the cases.
3. They also involve deaths under the following circumstances:
a. Death occurring within 24 hours of admission, when the clinical course of
death is unknown or undeterminable.
b. Unexpected sudden death especially when the deceased was in apparent
good health.
c. Death due to natural disease but associated with physical evidence
suspicious of foul play.
d. Death as result of violence, accident, suicide or poisoning.
e. Death due to improper or negligent act of another person.
4. They also involve victims of physical injuries caused by any of the following:
a. Physical violence such as a gunshot wound, stab wounds, mauling, etc.
b. Vehicular accident

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c. Asphyxia
d. Electrocution, chemical or thermal insult
e. Accident, “attempted” homicide or suicide
f. Poisoning
5. Cases of child abuse, domestic violence, sexual abuse, alcoholism and drug
addiction.
6. Cases involving the mental competency of the patient.
7. Iatrogenic causes brought about by negligent acts or omissions of the hospital
staff resulting in violation of rights of patients or leading to his physical or
mental incapacitation, physical injury and death.
Under Philippine laws, medico=legal deaths must undergo mandatory
autopsy. No consent is required for the autopsy although the next-of-
kin is informed of this requirement and his signed consent obtained as
a matter of courtesy. The death certificate cannot be completed without
the autopsy. If the hospital has no authority to conduct the autopsy, it
refers the case to a government body which can do it – either to the
PNP or the NBI or to a municipal or provincial health officer. If the
hospital has the authority to conduct the autopsy but relatives refuse to
cooperate, the death certificate is merely filled up by putting as the
cause of death “UNDETERMINED”. In effect, it is as if no death
certificate has been issued because legally the body cannot be buried
without a cause of death.

Lesson 1.4 MEDICO-LEGAL INVESTIGATION

Criminal Interrogation
A means of investigation thru interview between the subject and the
interrogator about the crime in dispute. The procedure involved the use of
psychological and neurological technique in the manner of interrogation.

Purpose of Interrogation:
1. To gather information as accurate and detailed as possible.
2. To inculcate new ideas, opinions, or attitudes in person.
3. To make confession and admission in person.
4. To bring about the arousal and display of attitudes in person in which they can
influenced.

Note: The role of a doctor in a criminal interrogation is to assist whenever it

requires technical and medical skills in its operation and interpretation of results.

Deception-Detection Method

Methods of deception detection:

1. Devices which record the psycho-physiological responses:

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a. Use of a polygraph machine.

Polygraphy– scientific method of detecting deception with the use of the
polygraph instrument.

Purpose– to determine truth or deception based on the presence of emotional

disturbance of the subject as appearing on the recorded physiological responses
to question relative to the case under investigation.

Theory of polygraphy – when a mentally normal person tells a lie, physiological

changes occur within his/her body that could be recorded by a polygraph machine
and evaluated by the polygraph examiner.
A polygraph test operates on the principle that stress causes physiological
changes in the body which can be measured to indicate whether the subject of
the examination is telling the truth. During an examination in which a polygraph is
used, sensors are attached to the subject so that the polygraph can mechanically
record the subject’s physiological responses to a series of questions.
Courts accordingly uniformly reject the results of polygraph tests when offered
in evidence for the purpose of establishing the guilt or innocence of the accused
of a crime because it has not yet attained scientific acceptance as a reliable and
accurate means of ascertaining truth or deception.

The Four (4) Components of polygraph machine:

1. Pneumograph – records changes of breathing of the subject.
2. Galvanograph – records the skin resistance of the subject to a very small
amount of electricity.
3. Cardiosphygmograph – records the changes of blood pressure and pulse
rate.
4. Kymograph – motor that pulls or drive chart paper.

b. Use of the word association test.

c. Use of the psychological stress evaluator.

2. Use of Drugs:
a. Narcoanalysis or narcosynthesis – this is a deception detection method uses
anesthetic drugs like Sodium Pentothal or sodium Amytal to get information
from the subject. The drug is injected intravenously until inhibition is released
then the interrogator will asks questions. The tendency of the subject is to
reveal the secrets of the crime.
b. Administration of truth serum – same as Narcosynthesis, in the test
HyoscineHydrobromide given hypodermically in repeated doses until state of
delirium is induced.
c. (Intoxication) The use of alcoholic beverages – the information taken from the
subject while under the influence of alcohol may be admissible if the subject
can recall his statement when he was under influence of alcohol when
confronted again.

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3. Hypnotism.
4. By observation
5. Scientific Interrogation.
6. Confession.

Lesson 1.5 MEDICO-LEGAL ASPECT OF DEATH

Importance of Death determination:

1. The civil personality of a natural person is extinguished by death. (Art. 42, New
Civil Code of the Philippines)
2. The property of a person is transmitted to his heirs at the time of death. (Art.
774, Civil Code)
3. The death of a partner is one of the causes of dissolution of partnership
agreement.
4. The death of either the principal or agent is a mode of extinguishment of
agency.
5. The criminal liability of a person is extinguished by death.
6. The civil case for claims which does not survive is dismissed upon death of
the defendant.

Death – is the termination of life. It is the complete cessation of all the vital functions
without possibility of resuscitation.
Dying is a continuing process while death is an event that takes place at a
precise time.
Medico-Legal Death – it refers to the death which involves in crime or medico-legal
cases to prove or disprove that a foul play had been done.

Criterion in Determination of Death:

1. Braindeaths – occurs when there is deep irreversible coma, absence of

electrical brain activity and complete cessation of all the vital functions without
possibility of resuscitation.

2. Cardio-Respiratory death – occurs when there is a continuous and persistent

cessation of heart action and respiration. (Condition in which physician and
the members of the family pronounced a person to be dead).

KINDS OF DEATH

1. SOMATIC DEATH (Clinical death) – is a complete and persistent cessation of

respiration, circulation and almost all brain functions of an organism. It is
usually pronounced by a physician or other members of the family.
2. MOLECULAR DEATH (Cellular death) – is the cessation of life of the
individual cells of the body which occurs one at a time after somatic death.

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3. APPARENT DEATH (State of suspended animation) – is a state of temporary

cessation of the vital activities of the body or the vital processes were
depressed to the minimum compatible to life.

SIGNS OF DEATHS

1. Cessation of heart action and circulation.

-There must be an entire and continuous cessation of the heart action and flow
of blood in the whole vascular system.
Methods of Detecting the Cessation of Heart Action:
a. Palpation of the pulse.
b. Auscultation of the heart sound.
c. Use of electrocardiograph.
2. Cessation of respiration.
Irregular types in respiration may be seen in the following conditions:
a. Cheyne-Stokes respiration – a respiration wherein the apneic period is
about 15-30 seconds.
b. In drowning and electric shock.
c. In newly born infants.
d. In voluntary act of respiratory suspension.

Methods of Detecting Cessation of Respiration:

a. Movement of chest and abdomen.
b. Auscultation
c. Examination with feather or cotton fibers.
d. Examination with mirror
e. Examination with glass of water.

3. Cooling of the Body (Algor Mortis)

- The metabolic processes and other biochemical changes in the body
producing heat and energy as well as then function of the hypothalamus
controlling the body temperature stopped upon death; thereby the body
temperature gradually decreases until it assumes the temperature of the
environment.
- Post-mortem Caloricity is the rise of temperature of the body after death due
to rapid and early putrefactive changes or some internal changes. It is usually
observed in the first two hours after death.

Factors that affect the Cooling of the Body:

A. Body Factors
a. Body size – The size of the body is inversely proportional to the rate of
cooling of the body after death. The size of the body is best expressed
as the ratio of the surface area exposed to cooling to the body mass.
b. Age – The age exerts its effect on cooling because it alters the size of
the body. A thin, emaciated adult and a child with the same size factor

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will cool at about the same rate, however the middle age adult will have
a delayed cooling of the body after death.
c. Infectious diseases – Persons who died from infectious diseases
characterized by high fever will have a delayed cooling of the body than
those who have died from longstanding or lingering illness associated
with wasting.
d. Death from asphyxia – Persons who died from asphyxia will have a
delayed cooling of the body than those who have died from some other
causes.
B. Environmental Factors
a. Effect of clothing – The naked body will cool faster than those with
clothing.
b. Air temperature and movement – The colder the air temperature and
the faster and the faster the air movement, the faster is t he rate of
cooling the dead body.
c. Environmental and room temperature – If the environment and room
temperature is low, the faster will be the cooling of the dead body.

4. Insensibility of the body and loss of power to move.

- No kind of stimulus is capable of letting the body have voluntary movement.
- This condition must be observed in conjunction with cessation of heart beat
and circulation and cessation of respiration.

5. Changes of the skin

a. Observed to be pale and waxy-looking due to the absence of circulation.
b. Loss of elasticity of the skin result to post-mortem contact flattening.
c. Opacity of the skin due to absence of circulation.
d. Effect of the application of heat will not produce blister or inflammatory
reaction.

6. Changes in the eyes.

a. Loss of corneal reflex
b. Clouding of the cornea
c. Flaccidity of the eye ball due to lose of tone of orbital muscle
d. Dilation of pupil due to iris muscles loses tone.

CHANGES IN THE BODY FOLLOWING DEATH

1. Changes in the Muscles – The entire muscular tissue passes 3 stages after
death:
a. Stage of primary flaccidity or muscular irritability.
- Complete relaxation and softening of all the body.
- Muscles are still irritable due to presence of molecular life after somatic
death.
- Usually lasts about 2 to 6 hours after death.

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b. Stage of post-mortem rigidity (Cadaveric rigidity, or Death struggle of

muscles or Rigor Mortis)
- Occurs 3 to 6 hours after death, totally become stiff after 12 hours and may
last for 24 to 48 hours during cold weather and 18 to 36 hours during
summer.
- If rigor mortis sets in early it passes off quickly and vice versa.
- Contraction of muscles is due to coagulation of the plasma protein.
- May be utilized to approximate the length of time the body has been dead.
- Differ from cadaveric spasm or instantaneous rigor which occurs at the
moment of death due to extreme nervous tension, only group of muscles
are involved and usually not symmetrical. (e.g. A weapon held in the hand
before death and can be removed with difficulty; thus important medico-
legal point in determination whether it is a case of suicide, murder, or
homicide.
c. State of secondary flaccidity or commencement of petrifaction.
- Muscles become soft and placid and do not respond to mechanical or
electrical stimulus.

2. Changes in the blood

a. Coagulation of the blood:
Ante-mortem Clot Post-mortem Clot
1. Firm in consistency 1. Soft in consistency.
2. Surface of the blood vessel 2. Surface of the blood vessels
raw after the clots are smooth and healthy after the
removed. clots are removed.
3. Clots can be stripped off in
3. Clots homogenous in layers.
construction so it cannot be
stripped into layers. 4. Clot with distinct layer.
4. Clot with uniform color.

b. Post-mortem Lividity or Cadaveric Lividity, or Post-mortem

Suggillation or Post-mortem Hypostasis or Livor Mortis:
After death when the heart stops beating and subsequently followed by
cessation of circulation, the blood flow in the whole body also stops. This stasis
in the circulation will drain the blood from the capillaries and veins to
accumulate in the most dependent portions of the body by pull of gravity
producing a discoloration in those areas of the skin not subject to pressure.
The distended capillaries coalesce with one another until the whole
area becomes dull-red or purplish in color known as post-mortem lividity. If the
body is lying on his back, the lividity will develop on the back.
Usually appears 3 to 6 hours after death and fully developed 12 hours
after death.

Importance of post-mortem lividity:

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1. It is a sign of death.
2. It approximates the time of death in a person.
3. It determines the position of the body after death.
4. It may indicate the cause of manner of death.

3. Autolytic or autodigestive changes after death.

- Afetr death body enzymes (proteolyticglycilytic and lipolitic) ferments
glandular tissues continue to act which lead to autodigestion of organs.
- Facilitated by weak acids and higher temperature.
- Delayed by alkaline reaction of the tissues and low temperature.
Autolysis – the destruction of cells of a body by the action of its own serum.

4. Putrefaction of the body – This is the breaking down of the complex proteins
into simpler components associated with the evolution of foul smelling gasses
and accompanied by the change in color of the body.

Putrefaction – it is the process of dissolution of tissues by the digestive action

of its enzymes and bacteria that results to softening and liquefaction of tissues
usually accompanied by the liberation of foul smelling gases and change of
color of the tissues.

DURATION OF DEATH

In the determination as to how long a person has been dead the following points must
be given consideration:

1. Presence of rigor mortis, sets in from 2 to 3 hours after death, fully after 12
hours, may last for 18 hours to 6 hours.
2. Presence of post mortem lividity, usually develops 3 to 6 hours after death.
3. Onset of decomposition, 24 to 48 hours after death.
4. Stage of decomposition:

12 hours – rigor mortis complete, hypostasis well-developed and fixed.

Greenish discoloration showing over the rectum.

24 hours – Rigor mortis absent all over, greenish discoloration over whole
abdomen and spreading to chest. Abdomen distended with gasses.

48 hours – ova of files seen. Trunk bloated. Face discolored and swollen.
Blisters present. Moving maggots seen.

72 hours – whole body grossly swollen and disfigured. Hair and nails loose.
Tissues are soft and discolored.

One week – Soft viscera putrefied.

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Two weeks – only more resistant viscera distinguished and soft tissues largely
gone.

One month – Body skeletonized.

5. Entomology of the cadaver.

- The common files undergo as egg, larval, pupal and adult stage.
- Usual time for the egg to be hatched into the larva is 24 hours so that by
the presence of maggots in the cadaver death has occurred more than 24
hours.

6. Stage of digestion of stomach.

- It takes normally 3 to 4 hours for stomach to evacuate its contents after
meals; however, this is influenced by the following factors:

a. Size of last meal – stomach starts to empty within 10 minutes after

the first food entered; light meal leaves stomach within 1-1/2 to 2
hours after being eaten; medium size after 3 to 4 hours, and heavy
meal after 4 to 6 hours.
b. Kind of meal – liquid move more rapidly than semi-solid and the
latter more rapidly than solids.
c. Personal variation –psychogenispylorospasm can prevent
departure of the meal from the stomach for several hours, while a
hypermotile stomach may enhance entry of food into duodenum.
d. Other factors – Vegetables need time for gastric digestion, less
fragmented food needs more time to stay in the stomach, absence
or insufficiency of gastric enzymes and hydrochloric acid with solid
food will delay gastric evacuation.

7. Presence of Live Flea in the Clothing in drowning cases:

- Flea can survive 24 hours submerged in water and can no longer be
revived more than 24 hours.

8. Amount of Urine in the Bladder – The amount of urine in the bladder may
indicate the time of death when taken into consideration the time when a
person urinates or evacuates his urinary bladder.

9. State of Clothing – It the dead person is well dressed, it is more likely that
death occurs at day time, but if wearing pajamas or nightgowns, it is possible
that death occurs at night and probably at home.

10. Chemical changes in the cerebro-spinal fluid (15 Hours Following Death).
a. Lactic acid increases from 15 mg to 200 mg per 100 cc.
b. Non-protein nitrogen increases from 15 to 40mg.

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c. Amino-acid concentration rises from 1 to 12% following death.

11. Post-mortem clotting and decoagulation of blood.

- Blood clots inside the blood vessels in 6 to 8 hours after death.
- Decoagulation of blood occurs at the early stage of decomposition.

12. Presence or absence of soft tissues in skeletal remains.

- Ordinarily, soft tissues of the body may disappear 1-to-2-year time after
burial. Acceleration of its destruction depends upon the influence of several
factors.

13. Conditions of the bones.

CAUSES OF DEATH

The primary purpose of medico-legal autopsy is the determination of the cause

of death. It also be shown that the death is the direct and proximate consequence of
the criminal or negligent act of some.

The cause of death is the injury, disease or the combination of both injury and
disease responsible for initiating the trend or physiological disturbance, brief or
prolonged, which produce the fatal termination it may be immediate or proximate.
1. Immediate (Primary) Cause of Death – This applies to cases when trauma
or disease kill quickly that there is no opportunity for sequelae or complications
to develop. An extensive brain laceration as a result of a vehicular accident is
an example of immediate cause of death.
2. The Proximate (Secondary) Cause of Death – the injury or disease was
survived for a sufficiently prolonged interval which permitted the development
of serious sequelae which actually caused the death. If a stab wound in the
abdomen later caused generalized peritonitis, then peritonitis is the proximate
cause of death.

The mechanism of death is the physiologic derangement or biochemical

disturbance incompatible with life which is initiated by the cause of death. It may be
hemorrhagic shock, metabolic disturbance, respiratory depression, toxemic
condition, cardiac arrest, tamponade etc.

The manner of death is the explanation as to how the cause of death came into
being or how the cause of death arose.

Classification as to the Causes of Death:

1. Natural Death – it is natural when the fatality is caused solely by disease
(lobar pneumonia, ruptured tubal pregnancy, cancerous growth, cerebral
hemorrhage due to hypertension, etc.).

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2. Violent or Unnatural Death – Death due to injury of any sort (gunshot,

stab, fracture, traumatic shock etc.). a physician must not include in the
consideration of the matter of death that such violent death is suicidal,
accidental o homicidal.

The Following are deaths Due to Natural Causes:

(1) Affection of the central nervous system:

(a) Cerebral Apoplexy:
(b) The sudden loss of consciousness followed by paralysis or death due
to hemorrhage from thrombosis or embolism in the cerebral vessels.
(c) Abscess of the Brain:
A circumscribed accumulation of infective materials in certain
areas of the brain. It may produce coma or death when it ruptures or
when it produces acute edema of the brain.
(d) Meningitis of the Fulminant Type:
There is inflammation of the covering membranes of the bran
due to infection or some other causes.
(2) Affection of the Circulatory System:
(a) Occlusion of the Coronary Vessels.
(b) Fatty or Myocardial Degeneration of the Heart.
(c) Rupture of the Aneurysm of the Aorta.
(d) Valvular Heart disease.
(e) Rupture of the Heart.
(3) Affections of the respiratory System:
(a) Acute edema of the larynx
(b) Tumor of the larynx.
(c) Diphtheria.
(d) Edema of the lungs.
(e) Pulmonary embolism.
(f) Lobar pneumonia.
(g) Pulmonary hemorrhage.
(4) Affection of the Gastro-Intestinal Tract
(5) Affections of the Genito-Urinary Tract.
(6) Affection of the Glands.
(a) Status thymico-lymphaticus.
(b) Acute hemorrhagic Pancreatitis.
(7) Sudden Death in Young Children:
(a) Bronchitis.
(b) Congestion of the lugs.
(c) Acute broncho-pneumonia.
(d) Acute gastro-enteritis.
(e) Convulsion.
(f) Spasm of the larynx.

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Note: Sudden Unexpected Nocturnal Death (SUND) commonly called

“Bangungot”.

VIOLENT DEATH

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

Classification of Trauma or Injuries:

(1) Physical injury – trauma sustained thru the use of physical force.
(2) Thermal injury – injury caused by heat or cold.
(3) Electrical injury – injury due to electrical energy.
(4) Atmospheric injury – those due to the change of atmospheric pressure.
(5) Chemical injury – those caused by chemicals.
(6) Radiation injury – those brought about by radiation.
(7) Infection – those caused by microbic invasion.

Penal classification of violent deaths:

(1) Accidental death:
Due to misadventure or accident. An accident is something that happens outside
the sway of our will, and although it comes about through some act of will, lies beyond
bounds of human for seeable consequences.
In a pure accidental death, the person who causes the death is exempted from
criminal liability.
Art. 12, No. 4, Revised Penal code:

Exempting Circumstances:
The following from the criminal liability:

Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.

Elements of Provision:
(a) A person is performing a lawful act.
(b) He performed it with due care.
(c) He caused injury to another by mere accident.
(d) He is without fault and with no intention of causing it.

(2) Negligent Death:

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Death due to reckless imprudence, negligence, lack of skill or lack of foresight.

The Revised Penal Code provides that felonies may be committed when the
wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

(3) Suicidal Death (Destruction of One’s Self):

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

Art. 253, Revised Penal Code:

Giving assistance to suicide:
Any person who shall assist another to commit suicide shall suffer the penalty
of prision mayor, if such person lends his assistance to another to the extent of doing
the killing himself, he shall suffer the penalty of reclusion temporal. However, if the
suicide is not consummated the penalty of arresto mayor in its medium and maximum
periods shall be imposed.

Acts Punishable in giving assistance to Suicide:

(a) The offender assisted in the commission of suicide of another which was
consummated.
(b) The offender gave assistance in the commission of suicide to the extent of
doing the killing himself which is consummated.
(c) The offender assisted another in the commission of suicide which is not
consummated.

(4) Parricidal Death (Killing of One’s Relative):

Art. 246, Revised Penal Code:
Parricide:
Any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants or descendants, or his spouse, shall
be guilty of parricide and the punished by the penalty of reclusion perpetua to
death.

(5) Infanticidal death (Killing of a child less than three days old):
Art. 255, Revised Penal Code:
Infanticide:
The penalty provided for parricide in art. 246 and for murder in art. 248
shall be imposed upon any person who shall kill any child less than three days
of age.

(6) Murder:
Art. 258, Revised Penal Code:
Murder;
Any person who, not falling within the provisions of art. 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal

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in its maximum period of death, if committed with any of the following

circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means of persons
to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion. Shipwrecks, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin.
4. On occasion of any calamities enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or
any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberate inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.

(7) Homicidal Death:

Art. 249, Revised Penal Code:
Homicide:
Any person, who, not falling within the provisions of article 246 shall kill
without the attendance of any of the circumstances enumerated in the next
preceeding article, shall be deemed guilty of homicide and be punished by
reclusion temporal.

Death under Special Circumstances:

(1) Death Caused in a Tumultuous Affray.
(2) Death or physical injuries inflicted under exceptional circumstances.

PATHOLOGICAL CLASSIFICATION OF THE CAUSES OF DEAHT:

An analysis of all deaths from natural causes will ultimately lead to the failure
of the heart, lungs, and the brain, so that death due to pathological lesions may be
classified into:
a. Death from syncope:
This is death due to sudden and fatal cessation of the action of the heart
with circulation included.
b. Death from Asphyxia:
Asphyxia is a condition in which the supply of oxygen to the blood or to
the tissues or to both has been reduced below normal working level.
c. Death from Coma:

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Coma is the state of unconsciousness with insensibility of the pupil and

conjunctivae, and inability to swallow, resulting from the arrest of the
functions of the brain.

SPECIAL DEATH
1. Judicial Death.
2. Euthanasia (Mercy Killing) – is the deliberate and painless acceleration of
death of a person usually suffering from an incurable and distressing
disease.
3. Death from starvation – the deprivation of a regular and constant supply of
food and water which is necessary to normal health of a person.

DEATH BY ASPHYXIA

Asphyxia is the general term applied to all forms of violent death which results
from the inference with the process of respiration or the condition in which the supply
of oxygen to the blood or to the tissues or both has been reduced below normal level.

The two main classes of Asphyxia:

1. Due to respiratory obstruction; and
2. Circulatory arrest
In both of these, there is reduction of the oxygen content of the blood (hypoxia)
as well as the elevation of carbon dioxide content (hypercapnea).

The sequence of events:

1. Effects of an obstructed airway,
2. Compression of vessels in the neck,
3. Direct stimulation of the carotid sinuses,
4. Circulatory and biochemical effects of drowning, and
5. Others which all resulted to death by hypoxia.

Types of asphyxial Death:

1. Anoxic Death - This is associated with the failure of the arterial blood
to become normally saturated with oxygen
2. Anemic Anoxic Death – this is due to a decreased capacity of the
blood to carry oxygen.
3. Stagnant Anoxic Death – this is brought about by the failure of
circulation.
4. Histotoxic Anoxic death – this is due to the failure of the cellular
oxidative process, although the oxygen is delivered to the tissues, it
cannot be utilized properly. Cyanide and alcohol are common agents
responsible for histotoxic anoxic death.

Phases of Asphyxial Death:

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1. Dyspneic Phase – the symptoms are due to the lack of oxygen and the
retention of carbon dioxide in the body tissue.
2. Convulsive Phase – this is due to stimulation of the central nervous system
by carbon dioxide.
3. Apneic Phase – the apnea is due to the paralysis of the respiratory center of
the brain. The breathing becomes swallow and gasping and the rate becomes
slower till death. The heart later fails.

Classification of Asphyxia:
1. Hanging.
2. Strangulations:
a. Strangulation by ligature.
b. Manual strangulation or throttling.
c. Special forms of strangulations:
(1) Palmar strangulation.
(2) Garroting.
(3) Mugging or yoking.
(4) Compression of the neck with stick.
3. Suffocation:
a. Smothering or closing of the mouth and nostrils by solid objects.
b. Choking or closing of the air passage by obstruction of its lumen.
4. Asphyxia by submersion or drowning.
5. Asphyxia by pressure on the chest (Traumatic crush asphyxia).
6. Asphyxia by irrespirable gases.

ASPHYXIA BY HANGING

Asphyxia by hanging is a form of violent death through about by the

suspension of the body by a ligature which encircles the neck and constricting force
is the weight of the body.

Hanging is strangulation by means of a rope, cord, or similar ligature tightened

by the weight of the body.

Complete hanging is a condition of hanging when the feet do not touch the
floor and incomplete hanging occurs when the victim is sitting, kneeling, lying, or
the whole suspended body does not cause complete compression of the neck.

Typical hanging occurs when the point of suspension is placed centrally over
the occiput and Aypical hanging is when the ligature is tied or noose is present on
one side of the neck, infront or behind the ear or on the chin.

Causes of death in hanging:

1. By injury to the spinal cord and brain stem.
2. By mechanical constriction of the neck structures.

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3. By cardiac arrest.

General
• Most hangings are self-inflicted, but foul play should not be ruled out until an
autopsy and full examination of the death scene are completed.
• Homicidal hangings are rare. Simulating a hanging to disguise a homicide
should be considered when injuries could not have been self-inflicted or
evidence indicates the cause of death was not asphyxia.
• The decedent can be in any position, provided that the pressure on the neck
is sufficient of block the blood vessels in the neck.
• Small quantities of blood and other fluids may purge from body openings and
collect on clothing or beneath the body.

Scene

• The body may partially or fully suspend.

• Note the position of the body, composition of the ligature, position of the knot,
course and level of the ligature, point of suspension, and method of
attachment.
• If the ligature is thrown over a suspension point and not tied to it, the ligature
should be further examined. Examine both sides of the suspension point. An
abraded area on the side opposite the body may indicate the hanging was not
a suicide.
• A ligature on a body should be removed by the pathologist at the time of the
autopsy.
• If ligature material must be cut at the scene, find the midway point between
the suspension point and noose and wrap electrical tape around the line. Cut
through the center of the taped section to prevent the line from fraying or
unraveling.
• If possible, remove the knot from the suspension point without cutting the line
or untying the knot.
• If you must untie the knot, photograph it completely before you untie it.
• Videotape the untying. This may help reconstruct a complex knot. Take the
rope or material used to tie the knot and the video to the autopsy for
examination by the pathologist.
• Leave the noose and remaining ligature material attached to the body.

Body

• The face of the hanging victim may appear congested. The tongue may
protrude and turn dark from drying.
• Lividity will appear in the lower parts of the arms and legs. If lividity appears in
an area inconsistent with the position of a hanging body, the victim may have
been banged after death.

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Determination whether hanging is suicidal, homicidal or accidental

A. Suicidal hanging
In death by hanging, it is usually suicidal unless proven otherwise. Some
evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled bedding or wires.
2. Identification of the fibers from the ropes in the hands of the victim. This
is unlikely in simulating hanging.
3. Evidences of movement of the rope on the beam or anchorage from
upward or downward as the body has been suspended.
B. Homicidal hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, etc.
4. Nature of the windows, curtains and doors.
C. Accidental hanging is not common

ASPHYXIA BY STRANGULATION

1. STRANGULATION BY LIGATURE:
Strangulation by ligature is produced by compression of the neck by means
of a ligature which is tightened by a force other than the weight of the body.

General
• Most garroting cases are homicides.
• Suicides and accidental deaths by garroting have been known to occur.

Scene
• Ligature is usually a common object such as necktie, stocking, belt, or rope.
• The ligature must be missing. Expand the search area accordingly.
• Examination of the ligature mark may show a pattern consistent with the
design of the ligature.
• Look for signs of a struggle.
• The ligature may contain trace evidence such as skin cells, blood, and clothing
fibers from the perpetrator.

Body

• The descendant’s face and upper chest may show a dusky purple
discoloration. Petechial hemorrhages may be present in he whites of the eyes
and skin.
• A ligature mark is usually horizontal, completely encircling the neck below the
larynx (unlike a v-shaped mark on a hanging victim).
• A ligature will often leave a pattern abrasion on the neck.

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• Do not remove the ligature from the body at the scene.

• Fibers may be present in the ligature mark even if the ligature is missing.

2. MANUAL STRANGULATION OR THROTTLING:

This is the form of asphyxia death whereby the constructing force applied in
the neck is the hand.

Mechanism of death:
1. Death by obstruction of the airway.
2. Death by reflex cardiac arrest.
3. Death by compression of the blood vessels on the neck resulting to cerebral
anoxia.

General

• Throttling is usually homicidal. It may be accidental if death occurs from sexual

activities involving hypoxyphilia.
• Manual strangulation cannot be self-inflicted. When a person loses
consciousness, his or her hands will relax and blood will return to the brain.
• Generally, there is a disparity in strength between the assailant and the victim
or the victim was incapacitated prior to strangling.
• Look for evidence of a struggle (moved or damaged furniture, etc.).

Scene

• Look for signs of struggle. Manual strangulation does not instantly incapacitate
a victim.
• A rug under the victim’s feet may have been displaced during strangulation
and other items within reach may have been disturbed.

Body

• The skin of the victim may take on a bluish hue due to an increase of poorly
oxygenated blood in the circulatory system.
• Evidence of a struggle may be evident, for example, bruising and defensive
scratches around of the neck if a victim attempted to break an attacker’s hold.
Scrapings found under the nails of the deceased may provide useful
information about the attacker that can link him or her to the deceased.
• Fingernail marks, abrasions, and contusions on a victim’s neck are common.
They may have been caused as the victim struggled against the assailant or
when the assailant fought against the victim.
• Cyanosis and petechial hemorrhages of the face and eyes will usually be
present.

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Special Forms of Strangulation:

1. Palmar Strangulation - The palm of the hand of the offender is pressed in
front of the neck without employing the fingers. The pressure must be sufficient
to occlude the lumen of the windpipe.
2. Garroting – a ligature, a metal collar or a bowstring is placed around the neck
and tightened at the back.
3. Mugging (Strangle-hold) – this is form of strangulation with the assailant
standing at the back and the forearm is applied in front of the neck. The
pressure on the neck is brought about by the pressure of the fixed elbow.
4. Compression of the Neck with a Stick – the victim may be forced to place
his back behind a post. The assailant with a piece of stick placed in front of the
neck pulls with two hands passing on both sides of the post backwards with
sufficient strength to occlude the trachea.

ASPHYXIA BY SUFFOCATION

Asphyxia by suffocation is exclusion of air from the lungs by closure of air

openings or obstruction of the air passageway from the external openings to the air
sacs.

SMOTHERING:

This is the form of asphyxia death caused by the closing of the external
respiratory orifices, either by the use of the hand or by some other means. The nostrils
and mouth may be blocked by the introduction of foreign substances, like mud, paper,
cloth etc.
• Children may accidentally smother if they play with plastic bags or similar
objects.
• Placing hands, a pillow, or a cushion over another person’s nose and mouth
or placing a plastic bag over his or her head may cause homicidal smothering.
• An adult can obstruct an infant’s or child’s airway by placing the child against
his or chest. A “soft suffocation” may be accomplished with a pillow.

Scene
• Smothering scenes rarely reveal evidence to assist in determining the method
used unless the devices was left at the scene.
• Look for signs of a struggle.
• Any object that may have been used to smother a victim should be examined
under an alternate light source for the presence of the victim’s saliva.
• Any object that may have been used and also the victim’s saliva should be
collected and processed for trace evidence.

Body
• Smothering may leave no external signs of injury, particularly on an infant.

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• A pattern injury of bruising on the face may be consistent with the pattern of
an item used to smother, such as hand.
• Trace evidence may be detected around the nose and mouth.
• The frenulum (thin tissue that holds the lips to the gums) may be cut or
abrasions may appear around, under and between the lips and gums.
• Look for signs of physical trauma resulting from a struggle (trace evidence
under victim’s fingernails).

KINDS:
1. Overlaying.
2. Accidental smothering of epileptic.
3. Gagging.
4. Plastic bag suffocation.

CHOKING:
This is a form of suffocation brought about by the impaction of foreign body in
the respiratory passage.

ASPHYXIA BY SUBMERSION OR DROWNING

This is a form of asphyxia wherein the nostrils and mouth has been submerged
in any watery, viscid or pultaceous fluid for a time to prevent the free entrance of air
into the air passage and lungs.
Drowning is usually a diagnosis of exclusion after a body is found in or near
water and no other cause of death is determined.

Time required for death in Drowning:

Submersion for 1-1/2 minutes is considered fatal, if an ordinary effort for
respiration is made; however, a person may survive even after 4 minutes of
submersion. The average time required for death in drowning is 2 to 5 minutes. It has
been claimed that the length of survival in drowning is proportional to the amount of
froth in the respiratory tract.

General

• There is no reliable test that specifically determines death from drowning.

• It is important at autopsy to determine whether the victim was alive at the time
of submersion.
• Since most drowning victims swallow water prior to death, lack of water in the
stomach of a person found in still water (bathtub pond, etc.) suggest death
may have occurred prior to submersion. In fast moving water, the lungs may
fill after death.

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•Most drowning’s involving inhalation of water. “Dry drowning” or “dry lungs”

indicate the larynx closed by spasm and prevented water from entering the
lungs.
SCENE

• Quickly secure the scene and the body, documenting all items relative to the
incident.
• Removal of the body from the water after a long submersion may cause rapid
decomposition. Thorough photography of the face and body is very important.
• Metal objects removed from or associated with the body may quickly corrode
when removed from the water. Place such items into a container filled with
water from the scene.
• Fully document all rescue and resuscitation attempts.
• Record weather conditions, depth of water, water currents, water condition
(rough, smooth), and other pertinent factors.
• A sample of water may be taken for comparison with water and contaminants
obtained from the lungs.
• Broaden the scene of the outdoor drowning. Find and document any signs that
the victim walked, slipped, fell, or was carried into the water.
• Any equipment such as SCUBA gear involved in the incident should be seized
for expert examination for functionality.
• A dive computer (console or wristwatch) at the scene must be seized. It will
contain the information about the fatal dive and previous dives. Data from the
computer should be recovered and logged by someone very familiar with its
operation.
• In a SCUBA-related diving death, determine the depth for each dive, and the
intervals on the surface between dives.
• Search for missing clothing and other items belonging to victim.

BODY

• Note the exact location and depth where the body found using GPS
coordinates if possible. This information may become important for drift studies
to determine point or location of immersion.
• Note any unusual findings associated with the body such as bindings and
weights.
• Note specific body conditions, particularly rigor, livor, and algor mortis. The
intense physical activity associated with drowning may often dramatically
accelerate the onset of rigor mortis.
• Note any signs of struggle, scratches, bruising, or marks that may have been
self-inflicted during drowning.
• Note any objects clutched in the hands, for example, weeds or other flora from
the water where the drowning occurred.

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•Note any frothy sputum in the mouth or nose.

•Note injuries to the head, back, or shoulders that may be consistent with
impact by a boat or propeller.
COMPRESSION ASPHYXIA, (TRAUMATIC OR CRUSH ASPHYXIA)

This is a form of asphyxia whereby the free exchange of air in the lungs is
prevented by the immobility of the chest and abdomen due to external pressure or
crush injury.
In homicidal cases, the assailant may kneel on the chest of the victim or
squeeze the victim between the arms and legs as in wrestling.
In accidental cases, the body may be pinned between two big objects or
collapsing building on the ground.
Very rarely is traumatic asphyxia attempted in suicide.

Burking – this is a form of traumatic asphyxia death invented by Burke and Hare for
the purpose of murdering people to be sold to medical schools for dissection.

Traumatic crush asphyxia – is a condition of asphyxia death due to external

compression of the thorax and abdomen with consequent prevention of respiratory
movement.

MECHANICAL ASPHYXIA

Death results from manual compression of the chest by a heavy weight or

anatomical positioning of a victim that prevents respiration.

General

• Mechanical asphyxia is almost always accidental.

• If often occurs during auto repair when a jack slips and the weight of the vehicle
rests on the victim’s chest.
• As a result of a drug or alcohol intoxication, a person may stumble or fall into
a position that restricts breathing.
• During hypoxic sexual activities, death may accidentally result from bondage-
related face or chest sitting that restricts airflow.

Scene

• Fully document the object causing the compression, its weight, and any safety
measures devices in place.
• Consider consulting a safety engineer.

Body

• Fully document the position of the body when discovered.

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• Document any pattern injuries to the chest along with objects at the scene that
may have created the patterns.
• Document any injuries to the hands or arms that indicate the victim

CHEMICAL ASPHYXIA

This occurs when the atmosphere breathed lacks sufficient oxygen to support
life or contains a chemical that prevents oxygen intake. The manner of death may be
accident, suicide, or homicide.

General

• Never enter in the chemical scene until the source of the chemical has been
identified and secured.
• Deaths from chemical asphyxia are usually accidents or suicides.
• An increasingly popular form of suicide involves posting a sign (caution:
poisonous gas) outside a vehicle or bathroom, the mixing chlorine bleach and
detergent cleanser to release toxic gas inside the vehicle or room.
• Death may be occurring from “huffing” (inhaling fumes that produce a “high”).
• Carbon monoxide is the most common chemical asphyxiate.
• Carbon monoxide poisoning has been associated with homicides, suicides,
and accidental deaths.

Scene

• Note the probable source of the asphyxiate.

• Note the exact position of the body.
• Note indications that the victim may have attempted to escape.
• Note indications of alcohol or drugs use that may have prevented the victim
from attempting to escape.
• .note any safety measures or equipment in place or available and their
functionalities.

Helium or Nitrogen Scene (Exit Bag or Exit Hood)

• Widely publicized method in right-to-die literature and on websites.
• Considered painless. The inert gases reportedly suppress the panicky need-
to-breathe feeling associated with suffocation.
• Generally requires 5 minutes or less exposure.
• Requires a plastic bag fitted over the head and sealed at the neck with a
drawstring or other device, a helium tank, and plastic tubing extending from
tank valve regulator to the hood.
• Not indicated through standard toxicology testing. Death may appear natural
if the equipment is removed.

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• If suicide is criminally assisted, the equipment may contain latent prints or DNA
of individuals who assisted.
• Kits may commercially obtain. Search for packing and wrapping materials,
address labels, and credit card records.
Carbon Monoxide Scene: Heater
• Determine that the area is safe to enter.
• Determine probable source of gas.
• Charcoal grills used indoors produce significant levels of carbon monoxide and
may cause accidental deaths.
• Fossil fuel heaters that are not properly vented will emit carbon dioxide into a
home. They should be made safe by the fire department or a competent
heating technician. While heater-caused deaths are usually accidental, look
for evidence of tampering. Only a trained technician should test a heater.

Carbon Monoxide Scene: Vehicle

• Determine whether vehicle was still running when discovered. Carbon
monoxide deaths may be accidental (running a vehicle in a garage with
inadequate ventilation) or suicidal (sealing windows and channeling exhaust
into the passenger compartment).
• Determine the location of the keys and position of the ignition.
• Determine the gas gauge level. If the key in in the “run” position and the engine
is not running, the gas gauge should read empty if death is suicidal.
• Search for a device such as a hose used to transport exhaust emissions to the
passenger compartment.
• Determine whether and how the windows were sealed; search for tape, rags,
and other materials.
• If the vehicle was in a locked garage, determine position of the garage door
and whether attempts were made to seal it.
• Collect hoses, tape, and other items used to channel the exhaust or seal the
doors; preserve them for fingerprint analysis.

Body
Note the position of the body and whether lividity is present.
• Lividity is associated with carbon monoxide poisoning is generally bright and
cherry red.
• In both light and dark skinned persons, fingernail beds will appear red or pink.
• Lividity associated with cyanide is generally pink.
• Lividity associated with nitrites is generally known.

Lesson 1. 7 AUTOPSY

An autopsy is a comprehensive study of a dead body, performed by a trained

physician employing recognized dissection procedure and techniques. It includes
removal of tissues for further examination.

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The study consists of two general parts:

1. External examination
2. Internal examination

Post-mortem examination – refers to an external examination of a dead body

without incision being made, although blood and other body fluids may be collected
for examination.

Kinds of Autopsy:
a. Hospital or Non-official Autopsy.
b. Medico-legal or Official Autopsy.

Hospital or Non-official Autopsy

This is an autopsy done on a human body with the consent of the deceased
person’s relatives for the purpose of:
1. Determining the cause of death.
2. Providing correlation of clinical diagnosis and clinical symptoms
3. Determining the effectiveness of therapy.
4. Studying the natural course of disease process; and
5. Educating students and physicians.

Medico-Legal or Official Autopsy

This is an examination performed on a dead body for the purpose of:
1. Determining the cause, manner (mode), and time of death;
2. Recovering, identifying, and preserving evidentiary material;
3. Providing interpretation and correlation of facts and circumstances related to
death;
4. Providing a factual, objective medical report for law enforcement, prosecution,
and defense agencies; and
5. Separating death due to disease from death due to external cause for
protection of the innocent.

Note: In cases which require a medico-legal autopsy, the dead body belongs to the
state for the protection of public interest. The physician entasked to perform such
autopsy is considered to be the authoritative agent and representative of the state
who has the property right of the dead body.
When an Autopsy shall be performed on a Dead Body:

Sec. 95 (b), P.D. 856, Code of Sanitation:

a. Whenever required by special laws;
b. Upon order by a competent court, a mayor and a provincial or city fiscal;
c. Upon written requests of police authorities;

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d. Whenever the Solicitor General, Provincial or city fiscal as authorized by

existing laws, shall deem it necessary to disinter and take possession of the
remains for examination to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the authorities concerned in
order to ascertain the cause of death.
Persons who are authorized to Perform Autopsies and Dissections:
a. Health Officers;
b. Medical Officers of law enforcement agencies; and
c. Members of the medical staff of accredited hospitals. (Sec.95 (a) P.D. 856).

Other Salient Features Peculiar to Medico-legal Autopsies:

a. Clinical history of the deceased is most instances absent, sketchy or doubtful.
b. The identity of the deceased is the responsibility of the forensic pathologist.
c. The time of the death and the timing of the tissue injuries must be answered
by the forensic pathologist.
d. The forensic pathologist must alert himself of the possible inconsistencies
between the apparent cause of death and his actual findings in the crime
scene.
e. A careful examination of the external surface for possible trauma including the
clothing to determine the pattern of the injuries in relation to the injuries agent.
f. The autopsy report is written in a style that will make it easier for laymen read
and more clearly organized insofar as the mechanism of death is concerned.
g. The professional and environmental climate of a forensic pathologist is with
the courts, attorneys and police who make scrutiny of the findings and
conclusion.

The following are cases considered medico-legal in nature:

8. Injuries or deaths involving persons who have no means of being identify.
9. Persons pronounced as “Dead on Arrival.”
To be classified as being dead on arrival at the emergency room of the
hospital or DOA is liberally construed to mean also dying within short
period of the time arrival which may be within one hour as long as 24
hours depending on the circumstances of the cases.
10. They also involve deaths under the following circumstances:
f. Death occurring within 24 hours of admission, when the clinical course of
death is unknown or undeterminable.
g. Unexpected sudden death especially when the deceased was in apparent
good health.
h. Death due to natural disease but associated with physical evidence
suspicious of foul play.
i. Death as result of violence, accident, suicide or poisoning.
j. Death due to improper or negligent act of another person.
11. They also involve victims of physical injuries caused by any of the following:
g. Physical violence such as a gunshot wound, stab wounds, mauling, etc.
h. Vehicular accident

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i. Asphyxia
j. Electrocution, chemical or thermal insult
k. Accident, “attempted” homicide or suicide
l. Poisoning
12. Cases of child abuse, domestic violence, sexual abuse, alcoholism and drug
addiction.
13. Cases involving the mental competency of the patient.
14. Iatrogenic causes brought about by negligent acts or omissions of the hospital
staff resulting in violation of rights of patients or leading to his physical or
mental incapacitation, physical injury and death.
Under Philippine laws, medico=legal deaths must undergo mandatory
autopsy. No consent is required for the autopsy although the next-of-
kin is informed of this requirement and his signed consent obtained as
a matter of courtesy. The death certificate cannot be completed without
the autopsy. If the hospital has no authority to conduct the autopsy, it
refers the case to a government body which can do it – either to the
PNP or the NBI or to a municipal or provincial health officer. If the
hospital has the authority to conduct the autopsy but relatives refuse to
cooperate, the death certificate is merely filled up by putting as the
cause of death “UNDETERMINED”. In effect, it is as if no death
certificate has been issued because legally the body cannot be buried
without a cause of death.

The following Manner of Death should be autopsied:

a. Death by violence.
b. Accidental death.
c. Suicides.
d. Sudden death of persons who are apparently in good health.
e. Death unattended by physician.
f. Death in hospitals or clinics (D.O.A.) wherein in physician was not able arrive
at a clinical diagnosis as the cause of death.
g. Death occurring in an unnatural manner.

Procedures of Autopsy I (Modified Virchow’s Method)

1. The autopsy starts with the gross and general examination of the external
body, taking note of general features, identifying marks and injuries.
2. The body is initially opened with the skin incisions of the thorax and abdomen.
Pathologists prefer a Y-incision over a longitudinal midline incision, which is
easier and simpler. Either way, the skin is flapped laterally, while the Y-incision
involves further upward dissection until the lower neck structures are exposed.
3. Pulmonary windows are created on both sides of the thorax by opening the
costalis and exposing the parietal pleura at all levels of the intercostals spaces.
Color is inspected to verify the contents of the cavity. These windows are then
connected by cutting the ribs between them with a costotome. Alternatively,
water may be poured inside the skin flaps and pleural cavity content is

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determined with a syringe. Bubbling of water when the parietal pleura is

punctured comprise the test of pneumothorax (or black color in the pulmonary
window)
4. After cutting the ribs, the sternum is lifted away. The arrangements of the
internal organs are inspected.
5. The pericardial sac is opened with a small, inverse Y-incision. The liquid
contents are evaluated and measured.
6. The upper leg of the pericardial incision is extended along the pulmonary trunk
up to its bifurcation. The bifurcation is opened with a small knife to look for
pulmonary emboli.
7. Blood is withdrawn preferentially from the large veins for toxicology. Many
pathologists prefer intracardiac blood, especially for microbiology. Other body
fluids for toxicology may be evacuated.
8. The heart is inspected, lifted and cut away from its base.
9. Each lung is removed from its roots at the mediastinim.
10. The large intestines are ligated and removed with scissors.
11. The liver, gallbladder and bile ducts are inspected and excised.
12. The small intestines are legated, mobilized, explore and removed with the
stomach and esophagus. The gut is opened down while whole length and
along the greater curvature of the stomach.
13. The spleen and pancreas are excised and divided.
14. The kidneys are removed with its collecting ducts and urinary bladder.
15. The adrenals are removed from the bed of perinephric fat.
16. The prostate is palpated and removed in males, while the uterus and ovaries
are exenterated from females.
17. The major blood vessels are ligated, inspected and dissected carefully.
18. A careful, above the hair-line, behind the ears, coronal incision of the scalp
provides anterior and posterior flaps for inspection of injuries that are not
readily identifiable from the unshaven head.
19. The cranial vault is opened horizontally with anterior and posterior transverse
cuts (may require turning over of the body).

Negative Autopsies – An autopsy is called a negative autopsy if after all efforts,

including gross, and microscopic studies and toxicological analysis, fail to reveal
a cause of death. It is an autopsy which after a meticulous examination with the
aid of other examinations does not yield any definite cause of death.
There are reports that approximately 2 to 10% of the total autopsy cases I
medico-legal centers yield a negative result although theoretically there must be
a cause of death.

Negligent Autopsy – An autopsy wherein no cause of death is found on account

of imprudence, negligence, lack of skill or lack of foresight of the examiner. The
act or omission which may be inadvertent or deliberate may be:
1. Failure to have an adequate history or facts and circumstances surrounding
the death.

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2. Failure to make a thorough external examination.

3. Inadequate or improper internal examinations.
4. Improper histological examination.
5. Lack of toxicological or other laboratory aids.
6. Pathologist incompetence.
Post-Test (1-20)
Instruction: Identify the correct answer for each question.
1. What does medico-legal feature identification help determine in criminal
cases?
Answer: The cause of death and the circumstances surrounding it.
2. What types of evidence are important in determining the cause of death?
Answer: Medical evidence, including autopsy findings and physical evidence
from the body.
3. What is the law of multiplicity of evidence?
Answer: The requirement that multiple forms of evidence must be collected to
substantiate a claim or theory.
4. How are fingerprints used in criminal investigations?
Answer: To match prints left at crime scenes with individuals, helping to
identify suspects.
5. What is the role of handwriting analysis in investigations?
Answer: To link or exclude suspects based on similarities in handwriting
characteristics.
6. Why is it important to legally determine death?
Answer: It serves as the foundation for legal proceedings, allowing for the
classification of crimes like homicide.
7. What does putrefaction reveal in an investigation?
Answer: It helps estimate the time of death and informs the investigation about
the body's condition.
8. How can putrefaction affect the investigation of a death?
Answer: It can indicate the time elapsed since death and provide insight into
environmental factors that affected the body.
9. What is judicial death, and how is it determined?
Answer: Judicial death is the legal confirmation of death, typically determined
by medical professionals or coroners through autopsy or other medical means.
10. What role does medical evidence play in death investigations?
Answer: Medical evidence provides factual, scientific proof regarding the
cause and manner of death.
11. What is the importance of fingerprints at a crime scene?
Answer: Fingerprints are unique identifiers that can directly link a suspect to
the crime scene.
12. How is handwriting analysis conducted in a forensic context?
Answer: By comparing suspect handwriting with documents found at the
crime scene to find similarities or inconsistencies.

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13. Why are autopsies vital in criminal investigations?

Answer: Autopsies provide a detailed examination of the body to determine
cause of death and reveal any foul play.
14. How do investigators handle putrefaction during death investigations?
Answer: By observing the signs of decomposition, which help establish the
time of death.
15. What does the law of multiplicity of evidence help ensure in criminal
investigations?
Answer: It ensures that multiple types of evidence are presented to support
the case in a trial.
16. What is the key feature of fingerprinting in criminal investigations?
Answer: Fingerprints are unique to each individual, making them highly
valuable in identifying suspects.
17. How does putrefaction assist in determining the time of death?
Answer: The rate of decomposition can help estimate the time elapsed since
death.
18. What does handwriting analysis tell investigators about a crime?
Answer: It can confirm whether a suspect wrote specific documents, linking
them to the crime.
19. Why is medical evidence critical in confirming the cause of death?
Answer: Medical evidence, including autopsies and toxicology reports,
provides scientifically verifiable details.
20. How do investigators apply the law of multiplicity of evidence in court?
Answer: By presenting multiple pieces of evidence to create a strong and
convincing case for the prosecution.

MODULE 8

MEDICO-LEGAL ASPECTS OF
PHYSICAL INJURIES

Introduction
This module focuses on the crucial elements of medico-legal investigations,
particularly in identifying features related to death, medical evidence, and forensic

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techniques. A clear understanding of the medico-legal aspects of death investigation

is vital for criminologists and legal professionals, as it helps determine the cause of
death, collect vital evidence, and establish the legal significance of medical findings.
The module explores key topics such as medical evidence, the law of multiplicity of
evidence, fingerprinting, handwriting analysis, and the legal importance of
determining death. It also delves into the physiological changes that occur after death,
such as putrefaction, and various judicial methods of determining death.
Learning Outcomes
By the end of this module, students will be able to:
1. Identify and comprehend the medico-legal features used to determine death
and its implications in criminal investigations.
2. Explain the role and types of medical evidence in death investigations and how
it supports legal proceedings.
3. Understand the law of multiplicity of evidence and its significance in criminal
investigations.
4. Utilize fingerprinting and handwriting analysis techniques to identify suspects
and link individuals to crime scenes.
5. Understand the legal importance of determining death, including the legal
procedures followed to confirm death.
6. Identify the physiological changes in the body after death, such as
putrefaction, and their relevance to investigations.
7. Examine the various judicial methods for determining death and their
application in legal cases.

Pre-Test (1-15)
Instruction: Identify the correct answer for each question.

1. What is the primary purpose of medico-legal feature identification?

Answer: To determine the cause of death and gather evidence for legal
proceedings.
2. What type of evidence is critical in death investigations?
Answer: Medical evidence, including autopsy results, toxicology reports, and
physical evidence from the body.
3. What does the law of multiplicity of evidence refer to?
Answer: The principle that multiple pieces of evidence are needed to build a
strong case in legal proceedings.
4. What is fingerprinting used for in criminal investigations?
Answer: To identify individuals based on unique patterns left on surfaces at
crime scenes.
5. How does handwriting analysis contribute to investigations?
Answer: It helps to identify or rule out suspects by comparing handwriting
samples.
6. Why is determining death important in legal terms?
Answer: It establishes the foundation for investigations, determining whether
a crime such as homicide has occurred.

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7. What physiological change occurs in the body after death?

Answer: Putrefaction, which is the decomposition process where bacteria
break down the body.
8. What does putrefaction indicate in a death investigation?
Answer: It helps to determine the time of death and provides evidence about
how long the body has been deceased.
9. What is judicial death?
Answer: A legal determination of death, usually performed by a medical
examiner or coroner.
10. What is the significance of medical evidence in a death investigation?
Answer: It provides objective information to confirm the cause of death and
whether a crime occurred.
11. Which of the following is a method used to determine death?
Answer: Autopsy.
12. Why are fingerprints considered valuable in a crime scene investigation?
Answer: They are unique to individuals, making them a key identifying feature.
13. What is the role of handwriting analysis in criminal investigations?
Answer: To compare suspect writings with documents found at crime scenes.
14. What is the significance of autopsy in death investigations?
Answer: It helps to determine the cause of death and identifies any potential
injuries or toxins.
15. How does the law of multiplicity of evidence apply in criminal cases?
Answer: It ensures that multiple pieces of evidence are used to build a
convincing case.

HANDS-ON/EXPERIENTIAL LEARNING ACTIVITY

Activity Title:
"Uncovering the Truth: Investigating Physical Injuries and Accidental Deaths"

Objectives:
1. Analyze medico-legal features of physical injuries and their implications in
investigations.
2. Explore the types of asphyxia deaths and their medico-legal importance.
3. Investigate the effects of radiation and other factors on human bodies during
accidents.
4. Examine causes and investigation techniques related to aircraft fatalities.

Activity Structure:
1. Pre-Activity Orientation (30 minutes)
• Topics Covered:
o Overview of medico-legal features of physical injuries and accidental
deaths.
o Types of wounds and their classification (incised, lacerated, contused,
etc.).

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o Understanding asphyxia deaths (e.g., strangulation, suffocation,

drowning).
o Effects of radiation exposure on the human body.
o Factors causing aircraft fatalities and their investigation process.
• Interactive Lecture with Visuals:
o The facilitator uses case examples, images, and videos to explain key
concepts.

2. Evidence Analysis Stations (1.5 hours)

• Setup: Divide students into groups and rotate them across analysis stations.
1. Station 1: Wound Identification and Analysis
o Materials: Photos or mannequins with simulated wounds (incised,
lacerated, contused, etc.).
o Task:
▪ Identify the type of wound.
▪ Analyze possible causes (e.g., sharp or blunt object, firearm).
▪ Document findings in a medico-legal format.
2. Station 2: Asphyxia Death Scenarios
o Materials: Mock scenarios of asphyxia deaths (strangulation,
suffocation, drowning).
o Task:
▪ Determine the type of asphyxia based on the provided evidence
(e.g., neck marks, frothy discharge).
▪ Estimate the time and possible manner of death.
3. Station 3: Radiation Effect Case Study
o Materials: Simulated reports and images of radiation effects on human
tissues.
o Task:
▪ Identify symptoms and signs of radiation exposure.
▪ Suggest safety protocols for handling such incidents.

3. Mock Case Investigation (1 hour)

• Scenario:
o A multi-casualty incident occurs involving a drowning victim, a plane
crash, and a radiation-exposed worker.
o Teams receive a combination of evidence types:
▪ Medical reports (wound patterns, radiation symptoms).
▪ Physical evidence (photos, crash site diagrams).
▪ Witness statements.
• Task:
o Work as forensic investigators to:
▪ Identify victims and causes of injuries or deaths.
▪ Reconstruct the incident based on evidence.
▪ Present findings, including medico-legal conclusions and
recommendations for preventing similar incidents.

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4. Reflection and Presentation (30 minutes)

• Teams present their findings to the class, focusing on:
o How they classified wounds or determined causes of death.
o Challenges in investigating accidental deaths and medico-legal injuries.
o Recommendations for improving investigation techniques.

Materials Needed:
• Simulated wound models or high-quality images.
• Mock reports and case files for radiation effects and aircraft fatalities.
• Crash site diagrams or black box analysis samples.
• Witness statements or case narratives.
• Presentation tools (e.g., flipcharts, laptops).

Assessment Criteria:
1. Technical Skills: Accuracy in identifying medico-legal features of injuries and
accidental deaths.
2. Analytical Thinking: Ability to connect evidence with possible causes.
3. Collaboration: Teamwork in solving mock cases.
4. Presentation: Clarity and depth of findings.
5. Application: Realistic and practical recommendations for future investigations.

Lesson 1.1 Physical Injuries

Physical injury is the effect of some forms of stimulus on the body. The effect
may only be apparent when the stimulus applied is insufficient to cause injury and the
body resistance is great.
The effect of the application of stimulus may be immediate or may be delayed.

Causes of Physical Injuries:

1. Physical Violence
2. Heat or cold
3. Electrical Energy
4. Chemical Energy
5. Radiation by Radio-Active Substances
6. Change of Atmospheric Pressure
7. Infection

Physical Injuries Brought About by Physical Violence

The effect of the application of physical violence on a person is the production
of wound.

Wound – is the solution of the natural continuity of any tissue of the living body. It is
the disruption of the anatomic integrity of a tissue of the body.

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Classification of Wounds
1. As to Severity:
a. Mortal Wound – wound which is caused immediately after infliction or
shortly thereafter that is capable of causing death.
b. Non-mortal – wound which is not capable of producing death immediately
after infliction or shortly thereafter.
2. As regards to the Dept of the Wound:
a. Superficial – when the wound involves only the layers of the skin.
b. Deep – when the wound involves the inner structure beyond the layers of
the skin.
(1) Penetrating – one in which the wounding agent enters the body but did
not come out or the mere piercing of a solid organ or tissue of the body.
(2) Perforating – when the wounding agent produces communication
between the inner and outer portion of the hollow organs.
3. As regards to the Relation of the Site of the Application of Force and the
Location of Injury:
a. Coup Injury – physical injury which is located at the site of the application
of force.
b. Contre-coup Injury – physical injury found opposite the site of the
application force.
c. Coup Contre-Coup Injury – physical injury located at the site and also
opposite the site of application force.

4. Special Types of Wound:

a. Defense Wound – wound which is the result of a person’s instinctive
reaction of self-protection. Injuries suffered by a person to avoid or repel
potential injury contemplated by the aggressor.
b. Patterned Wound – wound in the nature and shape of an object or
instrument and which infers the object or instrument causing it.
c. Self-inflected Wound – wound produced on one self. As distinguished
from suicide, the person has no intention to end his life.

Legal Classification of Physical Injuries:

• Mutilation – Article 262, Revised Penal Code –

Kinds of mutilation under the Code:
1. Intentionally depriving a person, either totally or partially, of some
essential organ for reproduction, and
2. Intentionally depriving a person of any part or parts of the human
body other than the organs for reproduction.
Mutilation – is the act of looping or cutting off any part or parts of the living body.
Mayhem – is the unlawful and violent deprival of another of the use of any part of the
body so as to render him less able in fighting, either to defend himself or to annoy his
adversary.

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Vasectomy and tubal ligation are not mutilation.

• Serious Physical Injuries – Article 263, RPC.

How is the crime of serious physical injuries committed?
It is committed; by wounding; beating; assaulting; or by administering injurious
substance.
What are serious physical injuries?
They are:
1. When the injured person become insane, imbecile, impotent or blind in
consequence of the physical injuries inflected;
2. When the injured person (a) loses the use of speech or the power to hear or
to smell, or loses an eye, a hand, afoot, an arm, or a leg, or (b) loses the use
of any such member, or (c) becomes incapacitated for the work in which he
was therefore habitually engaged in consequence of the physical injuries
inflicted;
3. When the person injured (a) becomes deformed, or (b) loses any other
member of his body, or (c) loses the use thereof, or (d) becomes ill or
incapacitated for the performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the physical injuries
inflicted;
4. When the injured person become ill or incapacitated for labor for more than 30
days but must not be more than 90 days, as a consequence of the physical
injuries inflected.

• Administering Injurious Substance or Beverages: Article 264, RPC.

• Less Serious Physical Injuries: Article 265, RPC.
• Slight Physical Injuries and Maltreatment: Article 266, RPC.
• Physical Injuries Inflected in a Tumultuous Affray: Article 252, RPC.

TYPES OF WOUNDS
(Medical Classification)

A. CLOSE WOUNDS
1. Superficial Close Wound
a. Petechiae - These are minute, pinpoint, circumscribed extravasation of blood
in the subcutaneous tissue or underneath the mucous membrane.
Example: subpleural petechial hemorrhage (Tardieu’s spot), Insect bite.
b. Contusion (Bruise) – it is a wound in the substance of the true skin and in the
subcutaneous cellular tissues because of extravasations of blood.
The shape of the bruise is usually round or oval but may follow the
shape of the wounding weapon, so that the position of the bruise may indicate
the manner of the assault.
The age as well as the healing of the contusion is based on its color.

Age of Contusion:

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The size tends to become smaller from the periphery to the center and passes
through a series of color changes as a result of the disintegration of the red blood
corpuscles and liberation of hemoglobin.
➢ The contusion is sometimes purple soon after its complete development.
➢ In 4 to 5 days, the color changes to green.
➢ In 7 to 10 days, it becomes yellow and gradually disappears on the 14th or 15th
day.

Factors influencing the degree and extent of contusion

1. Vitality of tissue
2. Parts involved
3. Amount of forced applied
4. Accompanying diseases
5. Age
6. Sex

c. Hematoma – it is large extravasations of blood in newly formed cavity

secondary to trauma, characterized be swelling, discoloration of tissues
and extravasations of blood underneath the tissues. The hematoma
may be absorbed spontaneously or may complicate forming abscess,
cyst, gangrene or tumor.

2. Deep Close Wound

Musculo-Skeletal Injuries:
a. Sprain
b. Dislocation
c. Fracture
d. Strain
e. Subluxation

Sprain – it is the straining or tearing of the articular tendons, ligaments and muscles
characterized by swelling, discoloration of tissues involved and extreme pain.
Fracture – it is a break or solution in the continuity of the bone tissue resulting from
violence or from some existing pathology.

Kinds of Fracture:

1. Simple fracture – it is an injury where there is a line of fracture but the

alignment of the bones is still intact.
2. Compound fracture – it is an injury where there is a break in the bone and
loss of alignment of the affected bones.
3. Comminuted fracture – it is a fracture where there is a break in the bone,
loss of alignment of the affected bones and separation of fragments of bones.

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Common Types of Fractures

Fracture Type Description Comment

Comminuted Bone breaks into many Particularly common in

fragments older people, whose
bones are more brittle

Compression Bone is crushed Common in porous bones

Typical of skull fracture

Depressed Broken bone portion is
pressed inward
Commonly occurs when
Impacted Broken bone ends are one attempts to break a
forced into each other fall with outstretched
arms

Common sports fractures

Spiral Ragged break occurs
when excessive twisting
forces are applied to a
bone
Common in children,
Greenstick Bone breaks whose bones are more
incompletely, much in the flexible than those of
way a green twig breaks adults

Dislocation – displacement of the articular surface of bones entering into the

formation of a joint.

Kinds of Dislocation:
1. Simple dislocation – a dislocation where there is a placement of the bones
but without external wound.
2. Compound Dislocation – a dislocation where there is a displacement of
bones and accompanying break or wound in the skin.

a. Cerebral concussion (CommotioCerebri)– it is a condition of the

brain resulting from a sudden jarring or stunning of the brain which
follows a head injury and is characterized by headache or dizziness;
unconsciousness or semi-consciousness; muscles relaxed and flaccid;
reflexes sluggish; respiration slow and swallow; and pulse which is
rapid but weak.

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b. Internal Hemorrhage – it is bleeding usually in cavity or organs inside

the body.
1. Intra-cranial hemorrhage – it is bleeding in the cranial cavity.
2. Rupture of organ – it is an injury of the hollow organ inside the body
characterized by the extravasation of blood.
3. Laceration of organ – it is a laceration of an organ inside the body
secondary to violence characterized by bleeding.
B. OPEN WOUNDS

1. Abrasion – it is an open wound

characterized by removal of the
epithelial layer of the skin brought about
by friction against a hard, rough object.
On the other hand, Erosion is eating
away of the superficial layer of the skin
due to some other causes other than
friction or sliding.

Forms of Abrasion:
a. Linear abrasion – an abrasion where there is a single line of injury which may
be curve or straight.
b. Multi-linear abrasion – a form of abrasion where there are several lines of
injury are parallel to one another.
c. Confluent abrasion – a form of abrasion wherein the lines of injury are
arranged in haphazard manner.
d. Multiple abrasions – an abrasion in the body surface located in the different
parts of the body.

Types of Abrasion:

a. Scratches – an abrasion brought about by the stroke of sharp pointed

instrument over the skin producing injury.
b. Grazes – an abrasion due to forcible contact with a rough, hard object resulting
to irregular removal of the skin surface.
c. Impact or imprint abrasion – an abrasion due to contact with a rough, hard
object in which the structural form of the object is reflected over the kin.
d. Pressure or friction abrasion – an abrasion due to pressure applied and with
the accompanying.

Distinction between Ante-Mortem and Post-mortem Abrasion:

Ante-Mortem Post-Mortem
Color Reddish brown Yellow and translucent
Location Any area Over bony prominences
which come in contact

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with the rough surface it

rests upon.
Vital reaction Present Absent

2. Incised Wound – It is an open

wound produced by forcible contact
with sharp-edge instrument
characterized by gaping and smooth
edges of the wound; sharp
extremities; shelving and profuse
bleeding of the wound.
The incised wound may be
suicidal, homicidal or accidental
depending upon the location,
direction and the presence or absence of hesitation cuts.

Incised wounds may be Suicidal, Homicidal or Accidental:

a. Suicidal – Located in peculiar parts of the body, like the neck, flexor surface
of the extremities (elbow, groin, knee), wrist and accessible to the hand in
inflicting the injury.
b. Homicidal – The incised wounds are deep, multiple and involved both
accessible and non-accessible parts of the body to the hands of the victim.
Defense wound and other forms of wounds may be present. Clothing is
always involved.
c. Accidental – Multiple incised wound is commonly observe in the
passengers and driver of vehicular accidents.

3. Lacerated Wounds – It is a wound

produced by blunt instrument and is
characterized by inflammation and
contusion.
Types of Lacerated Wound:
a. Splitting – a laceration produced by
contact of the skin with the two hard
objects moving in the opposite direction
over the skin. (e.g. Laceration of the
scalp, cut eyebrow).
b. Over-stretching – it is a laceration produced by contact of the skin to
moving hard objects and characterized by the presence of a flap of skin.
c. Grinding compression – a laceration of the skin produced by the
crushing, rounding movement of a hard heavy object causing separation of
the skin from the underlying tissue.
d. Tearing – a laceration characterized by a flap of torn skin at the edge of
the wound.

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e. Cut laceration – a laceration produced by contact with a heavy cutting

blunt instrument such as chopper or hatchet.

4. Punctured wound – a laceration produced

by a sharp-pointed instrument and is
characterized by small opening of the
wound as exemplified by injuries from the
nails, pins, thorns, hooks and others.
Medical evidences that tend to show it is
Homicidal:
a. It is multiple and usually located in
different parts of the body.
b. The wounds are deep.
c. There are defense wounds on the victim.
d. There is disturbance in the crime scene
(sign of struggle).

5. Stab Wound – it is a wound produced by a

sharp-edged and sharp-pointed instrument
in the penetration of the wounding
instrument, it is the sharp-pointed portion
which is the first to come in contact with the
body than the sharp-edged portion. The
edges of the wound are clean-cub smooth
and distinct.

Medical evidence showing intent of the

offender to kill the victim:
a. There are more than one stab wounds.
b. The stab wounds are located in different
parts of the body or on parts of the body
where vital organs are located.
c. Stab wounds are deep.
d. Stab wound with serrated or zigzag borders infers alternative thrust and
withdrawal of the wounding weapon to increase internal damages.
e. Irregular or stellate shape skin defects.

BURNS

The skin is only about as thick as a paper towel; not too impressive as organ
system go. And yet, when it is severely damage, nearly every body system suffers.
Metabolism accelerates or may be impaired, changes in the immune system occur,
and the cardiovascular system may falter. Such severe damage can be caused by
burns.

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Burns – is tissue damage and cell death cause by intense heat, electricity, UV
radiation (sunburn), or certain chemicals (such as acids).

Two (2) life-threatening problems when the skin is burned and its cell are
destroyed:

1. The body loses its precious supply of fluids containing proteins and
electrolytes as these seep from the burn surfaces. Dehydration and
electrolyte imbalance follow and can lead to a shot down of the kidneys
and circulatory shock (inadequate circulation of blood caused by low blood
volume).

Rules of Nines – methods of determining how much of the body surface is

burned.

This method divides the body into 11 areas, each accounting for 9 percent of
the total body surface area, plus an additional area surrounding the genitals (the
perineum) representing 1 percent of the body surface area.

Later, infection is the most important threat and is the leading cause of death
in burn victims. Burned skin is sterile for about 24 hours. But after that, pathogens
such as bacteria and fungi easily invade areas where the skin has been destroyed
and multiply rapidly in the nutrient rich environment of the dead tissues. To make
matters worse, the patient’s imbue system becomes depressed within one to two
days after severe burn injury.

Burns are classified according to their severity (depth) as first-, second- or

third-degree burns:

In first-degree burns, only the epidermis

is damaged. The area becomes red and
swollen. Except for the temporary
discomfort, first-degree burns are not
usually serious and generally heal in two to
three days without any special attention.
Sunburn is usually a first-degree burn.

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Second-degree burns involve in injury to the

epidermis and the upper region of the dermis.
The skin is red and painful, and blisters appear.
Be present, regrowth (regeneration) of the
epithelium can occur. Ordinarily, no permanent
scars result if care is taken to prevent infection.
First- and second- degree burns are referred to
as partial-thickness burns.

Third-degree burns destroy the entire

thickness of the skin, so these burns are also
called full-thickness burns. The burned areas
appear blanched (gray-white) or blackened,
and because the nerve endings n the area is
destroyed, the burned area is not painful. In
third-degree burns, regeneration is not
possible, and the skin grafting must be done
to cover the underlying exposed tissues.

In general, burns are considered critical if any of the following condition exists:

1. Over 25 percent of the body has second-degree burns,

2. Over 10 percent of the body has third-degree burns, or
3. There are third-degree burns of the face, hands, or feet.

Facial burns are particularly dangerous because of the possibility of burns in

respiratory passage ways, which can swell and cause suffocation. Joint injuries are
troublesome because the scar tissue that eventually forms can severely limit joint
mobility.

GUNSHOT WOUNDS

Characteristics of Wound of Entrance

The wound of entrance is usually small and may be smaller than missile due
to the retraction of the skin and tissues at the opening of the wound. The edge of the
wound is inverted with some contusion or abrasion around the wound. This contusion
collar or abrasion collar is due to spinning movements and rough surface of the bullet
as well as the invagination of the skin. In contact or close-range fire there is burning
of the skin, singeing of the hair and gunpowder tattooing. The other description of the
wound of entrance is based on the distance of the body from the fired gun.

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Contact Fire – the wound of entrance

was bunted due to the explosion of the
powder, which produces the heated and
expanded gases. There is burning of the
tissues in the affected area because it is
within the flame zone; singeing of the hair,
and particles of gunpowder in and around the
wound entrance. The skin is separated from
the underlying tissue in the affected area and
the blasted tissue is cherry red because of
the presence of carbon monoxide. The pressure of the bullet slug will cause caving-
in or excavation of tissues and the contusion collar is seen around the wound of
entrance. The size of the wound is rather small.

Near Contact Up to six inches Fire – there is bursting of tissues, burning,

and blackening of the skin as in contact fire but the particles of gunpowder are present
inside as well as around the wound of entrance.
The shape of the wound may be lacerated or slit-like and the size is larger than
the diameter of the missiles. The excavation of tissues due to the pressure of the
penetrating bullet slug may not be as severe as in contact fire.

Distance above Six Inches Up to Twenty-Four Inches – the size of the

wound gradually approximates the size of the missile. As the distance from the target
becomes farther, the burning or the blackening of tissues, gunpowder, tattooing,
singeing of hair and excavation of tissues becomes lesser and lesser until disappears
beyond the twenty-four inches distance.

Characteristics of Wound of Exit

Usually, the wound of exit is larger than the missile but does not follow any
definite shape. The edge of the wound is everted and sometimes with some tissues
or flaps of skin protruding from the wound.
The bullet slug may be lodged inside the body, usually in long-range fire, and
therefore without any wound of exit.

Differentiation between Gunshot Wound of Entrance and Wound of Exit:

Differentiation Points Entrance Wounds Exit Wounds

Size Smaller than the missile Bigger than the missile
Edge Inverted Everted
Shape Round or oval No definite shape
Contusion collar Present in contact and absent
near contact
Gunpowder tattooing Present in contact and absent
near contact fire

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Presence or absence of Always present May be absent if the slug

wound is lodge inside the body
Protrusion of tissue Absent May be present
Paraffin test Contact fire Absent

Determination whether the gunshot is Suicidal, Homicidal or Accidental

A. Evidences to prove that gunshot wound is suicidal:
1. Accessibility of the involved part to the hand of the victim.
2. Usually only one gunshot wound.
3. Usually the distances are short or close range.
4. Presence of suicide note.
5. History of frustration or despondency of the victim.
6. Wounding weapon held tightly by the victim.
7. Exclusion of other evidences to prove that it is not suicide.
B. Evidences to prove that gunshot wound is homicidal:
1. Wound is located at any part of the body.
2. Victim usually at certain distance from the assailant.
3. Signs of struggle (defense wound) may be present in the victim.
4. Disturbances of the surrounding.
5. Wounding weapon usually not found at the scene of the crime.
6. Testimony of witnesses.
C. Evidences to prove that gunshot wound is accidental:
1. Usually one gunshot wound.
2. Wound located at any part of the body.
3. Absence of personal grudge between victim and the one who fired the
gun.
4. Testimony from witnesses.

MEDICO-LEGAL INVESTIGATION OF WOUNDS

The following rules must be observed by the physician in the examination of wounds:
1. All injuries must be described, however small for it may be important later.
2. The description of the wounds must be comprehensive, and if possible a
sketch or photograph must be taken.
3. The examination must not be influenced by any other information obtained
from others in making a report or a conclusion.

Outline of the Medico-legal Investigation of Physical Injuries:

1. General Investigation of the surroundings:
a. Examination of the place where the crime was committed.
b. Examination of the clothing, stains, cuts, hair and other foreign bodies that
can be found in the scene of the crime.
c. Investigation of those persons who may be the witnesses to the incident or
those who could give light to the case.
d. Examination of the wounding instrument.

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e. Photography, sketching, or accurate description of the scene of the crime

for purposes of preservation
2. Examinations of the wounded Body:
a. Examinations that are applicable to the living and dead victim:
(1) Age of the wound from the degree of healing.
(2) Determination of the weapon used in the commission of the offense.
(3) Reasons for the multiplicity of wounds in cases where there are more
than one wound.
(4) Determination whether the injury is accidental suicidal or homicidal.
b. Examinations that are applicable only to the living:
(1) Determination whether the injury is dangerous to life.
(2) Determination whether the injury will produce permanent deformity.
(3) Determination whether the wound(s) produced shock.
(4) Determination whether the injury will produce complication as a
consequence.
c. Examinations that are applicable to the dead victim:
(1) Determination whether the wound is ante-mortem or post-mortem.
(2) Determination whether the wound is mortal or not.
(3) Determination whether death is accelerated by a disease or some
abnormal developments which are present at the time of the infliction of
the wound.
(4) Determination whether the wound was caused by accident, suicide or
homicide.

3. Examinations of the wound:

The following must be included in the examinations of the wound. The
report made in connection with such examination must also include in detail
the following items:
a. Character of the wound – the description must first state the type of wound,
e.g. abrasion, contusion, hematoma, incised, lacerated, stab wound etc.
b. Location of the wound – the region of the body where the wound is situated
must be stated.
c. Depth of the wound – the determination of the exact depth of the wound must
not be attempted in a living subject if in so doing it will prejudice the health of
life.
d. Condition of the surroundings – the area surrounding the wound must be
examined. In gunshot wound near or contact fire will produce burning or
tattooing of the surrounding skin.
e. Extent of the wound - extensive injury may show marked degree of force
applied in the production of the wound. In homicidal cut-throat cases, it is
generally deeper than in cases of suicide. Homicidal wounds are extensive
and numerous.
f. Direction of the wound – the direction of the wound is material in the
determination of the relative position of the victim and the offender when such
wound has been inflicted.

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g. Number of wounds – several wounds found in different parts of the body are
generally indicative of murder or homicide.
h. Conditions of the locality:
(1) Degree of hemorrhage.
(2) Evidence of struggle.
(3) Information as to the position of the body.
(4) Presence of letter or suicide note.
(5) Condition of the weapon.

Determination Whether the Wounds was inflicted During Life or After Death:
In the determination whether the wounds were inflicted during life or after
death, the following factors must be taken into consideration:
1. Hemorrhage:
▪ as a general rule, hemorrhage is more profuse when the wound was
inflicted during the lifetime of the victim.
▪ In wounds inflicted after death, the amount of bleeding is comparatively
less if at all bleeding occurred.
2. Signs of Inflammation:
▪ There may be swelling of the area surrounding the wound, effusion of
lymph or pus and adhesion of the edges. Other vital reactions are
present whenever the wound was inflicted during life, although it may
be less pronounced when the resistance of the victim is markedly
weakened.
▪ Post-mortem wounds do not show any manifesting signs of vital
reaction.
3. Signs of Repair – fibrin information, growth or epithelium, scab or scar
formation conclusively show that the wound was inflicted during life.
4. Retraction of the Edges of the Wound:
▪ Owing to the vital reactions of the skin and contractility of the muscular
fibers, the edges of the wound inflicted during life retract and cause of
gaping.
▪ In the case of the wound inflicted after death, the edges do not gape
and are closely approximated to each other.

Distinctions between Ante-mortem and Post-mortem Wounds:

Ante-Mortem Wounds Post-Mortem Wounds
1. Hemorrhage more or less 1. Hemorrhage slight or none at all
copious and generally arterial. and always venous.
2. Marks of spouting of blood from 2. No spouting of blood.
arteries.
3. Clotted blood 3. Blood is not clotted; if at all, it is a
soft clot.
4. Deep staining of the edges and 4. The edges and cellular tissues
cellular tissues, this is not are not deeply stained. The
removed by washing.

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staining can be removed by

5. The edges gape owing to the washing.
reaction of the skin and muscle 5. The edges do not gape, but are
fibers. closely approximated to each
other, unless the wound is
caused within one or two hours
6. Inflammation and reparative after death.
processes. 6. No inflammation or reparative
processes.

Determinations whether the wounds are homicidal, suicidal or accidental:

1. As to the nature of the wound inflicted:
a. Abrasions – extensive
abrasions on the body are
always suggestive of
accidental death, especially in
death due to traffic accident.
In suicidal death, abrasions
rarely observed. In case of
murder, abrasions are not
common except when the
body is dragged on the
ground. In homicide, abrasions may commonly be observed especially
when the victim offered some degree of resistance to the attacker.

b. Contusion – it is rarely
observed in suicidal death,
except when the suicidal act
was done by jumping from
the height. A person
contemplating to commit
suicide will not choose a blunt
instrument.

Contusion in accidental death

may also be found in any
portion of the body. It is often
due to a fall and due to a forcible contact with some hard objects.

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c. Incised Wounds – are

commonly observed in suicide
and homicide. The depth,
location and other surrounding
circumstances will differentiate
one from the other. Accidental
cuts are frequent everyday
occurrences, but rarely as a
cause of death.

Points to be considered in the Determination as to whether the Wounds is

Homicidal, Suicidal or Accidental:

1. External signs and circumstances related to the position and attitude of the
body when found.
2. Location of the weapon or the manner in which it was held.
3. The motive underlying the commission of the crime and the like.
4. The personal character of the deceased.
5. The possibility for the offender to have purposely changed the truth of the
condition.
6. Other information:

a. Signs of struggle:
➢ Absence of signs of struggle is more in suicide, accident or murder.
➢ Contusion or abrasion may indicate trauma due to fist finger or feet of
the assailant.
➢ Presence of hair or portion of the skin (epidermis) on the nails of the
assailant or deceased may be a clue in the determination whether death
is suicidal, homicidal or accidental.
b. Number and Direction of Wounds:
➢ Multiple wounds in concealed portions of the body are generally
indicated for homicide.
➢ Single wound located in a position that the deceased could have been
conveniently inflicted is usually suicidal.
c. Direction of the wound:
➢ This is important in case of cut-throat. It is generally transverse in case
of homicide while it is oblique in case of suicide.
d. Nature and extent of the wound:
➢ Homicidal wounds may be brought about by any wounding instrument.
Suicidal wounds are frequent due to sharp instruments. Accidental
physical injuries may be of any kind.
e. State of the Clothing:
➢ There is usually no change in the condition of the clothing in suicidal
case.

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➢ In homicidal death, on account of the struggle which took place before

death, the clothing of the victim is in a disorderly fashion.

Length of Time of Survival of the Victim after Infliction of the Wound:

In the approximation of the length of the survival of the victim after receipt of
the physical injury, the following factors must be taken into consideration:
1. Degree of healing:
The injured portion of the body undergoes certain chemical and
physical changes as a normal course of repair. The capillaries are dilated and
edema develops at once. This is followed by the migration of the white cells
from the capillaries to the damaged area. Fibroblasts begin to proliferate later
with the formation of the granulation tissues.
Signs of repair of the wound appear in less than a day after the infliction
of injury. By the degree of granulation tissue formation and other reparative
changes, the age of the wound may be estimated.
2. Changes in the body in Relation to the Time of Death:
The length of time in the survival of the victim may be approximated
from the systematic changes in the body. The degree of wasting, anemia,
condition of the face, and bed sore formation may be a basis as to how long a
person survived.
3. Age of the Blood stain:
The age of the blood stain may be determined from the physical color
changes of the skin, although it is not reliable. Although there are some basis
for such method, it must not be relied upon because the physical changes of
the blood is modified by several external factors.
4. Testimony of the Witness When the Wound as Inflicted:
The actual witness may testify in court as to the exact time the wound
was inflicted by the offender. In the case, medical evidence as to the duration
of survival is merely corroborative.

Possible Instruments Used by the assailant in inflicting the Injuries:

The determination of the wounding instrument may be made from the nature
of the wound found in the body of the victim:
1. Contusion – produced by blunt instruments.
2. Incised Wounds – produced by sharp-edged instrument inflicted by hitting.
3. Lacerated wound – produced by blunt instrument.
4. Punctured wound – produced by sharp-pointed instrument.
5. Abrasion – body surface is rubbed on a rough hard surface.
6. Gunshot wound – the diameter of the wound of entrance may approximate
the caliber of the wounding firearm.

Could the injury have been inflicted by a special weapon?

A physical cannot determine definitely that a certain specific weapon was used
in inflicting a wound. He can only state that it is possible that a certain injury is possibly

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caused by a certain instrument presented. He must be cautious in making a categoric

statement.

Which of the injuries sustained by the victim caused death?

➢ If there are several offenders who conspired with one another in the
commission of the offense, it is not necessary to determine who among them
gave the fatal blow.
➢ In the crime of conspiracy, the act of one is the act of all.
➢ But if there is no conspiracy in the commission of the offense it is necessary
to determine who among the offenders gave the fatal injury to the victim,
because they are only responsible for their individual acts.
➢ In a case wherein the victim is a recipient of multiple injuries, the determination
as to which of the injuries caused death is dependent on the testimony of the
physician.
➢ This can be ascertained by examining individually the wounds and note which
of them are involved in the injury to some vital organs or large vessels, or led
to secondary results causing death.
➢ When two or more wounds involved the vital organs, it is difficult to ascertain
which among them caused the death. It is important to determine the degree
of the damage of each wound caused on the vital organ.

Which of the wounds was inflicted first?

➢ When there are several wounds present on the body of the victim, it is
important to determine which of them was inflicted first because it may be
necessary for the qualification of the offense committed.
➢ If the first wound was inflicted in a treacherous way that the victim after receipt
is incapable of defense, then the murder is committed, but if the fatal wound
was inflicted last, it is possible that the crime committed is only homicide.

In the determination as to which of the wounds present was inflicted first,

the following factors must be taken into consideration:
1. Relative position of the assailant and the victim when the first injury was
inflicted on the latter.
2. Trajectory or course of the wound inside the body of the victim
3. Organs involved and degree of injury sustained by the victim.
4. Testimony of the witness.
5. Presence of defense wounds on the victim. If the victim tried to make a
defensive act during the initial attack, then the defense wounds must have
been inflicted first.

Effect of Medical and Surgical Intervention on the Death:

➢ If the death of the victim followed a surgical or medical intervention, the
offender will still be held responsible for the death of the victim if it can be
proven that death was inevitable and that even without the operation, death is
a normal and direct consequence of the injuries sustained.

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➢ If the victim merely received minor wounds but death resulted on account of
the gross incompetence or negligence of the physician, the offender cannot be
held liable for the death. He can only be held liable for physical injury.

Effect of negligence of the Injured Person on the Death:

If death occurred from complication arising from a simple injury owing to the
negligence of the injured person in its proper care and treatment, the offender is still
responsible for the death. A person is not bound to submit himself to medical
treatment for the injuries received during the assault.

Relative Position of the Victim and Assailant when injury was inflected:
The following points must be considered:
1. Location of the wound in the body of the victim.
2. Direction of the wound.
3. Nature of the instrument used in inflicting the injury.
4. Testimony of witness.

Extrinsic Evidences in Wounds:

1. Evidences from the wounding weapon:
a. Position of the weapon.
b. Blood on weapon.
c. Hair and other substances on weapon.
2. Evidences in the clothing of the victim.
3. Evidences derived from the examination of the assailant.
4. Evidences derived from the scene of the crime.
Lesson 1. 2 OTHER RELATED CASES INVOLVING MEDICO-LEGAL
APPLICATION

Medico-Legal Aspect of Sexual Offences

Virginity – is a condition of a female who has not experienced sexual intercourse

and whose genital organs have not been altered by carnal connection.
Kinds of Virginity:
1. Moral Virginity – The state of not knowing the nature of sexual life and not
having experienced sexual relation.
2. Physical Virginity – A condition whereby a woman is conscious of the nature
of the sexual life but has not experienced sexual intercourse.
3. Demi-Virginity – This term refers to a condition of a woman who permits any
form of sexual liberties as long as they abstain from rupturing the hymen by
sexual act.
4. Virgo Intacta – Literally the term refers to a truly virgin woman; that there are
no structural changes in her organ to infer previous sexual intercourse and that
she is a virtuous woman.

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Defloration – is the laceration or rupture of the hymen as a result of sexual

intercourse. All other lacerations of the hymen which are not caused by sexual act
are not considered as defloration.

SEXUAL OFFENSES

RAPE:
When and How Rape is committed – Article 266-A – Rape is Committed:
1. By a man who shall have carnal knowledge of a woman under of the following
circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve (12) years of age is demented,
even though none of the circumstances mentioned above be present.
2. By any person who, under any of the circumstances mentioned in paragraph
1 hereof,shall commit an act of sexual assault by inserting his penis into
another person’s mouth or anal orifice, or any instrument or object into the
genital or anal orifice of another person.

Medical Evidences in Rape:

1. Evidences from the victim:
a. Date, time and place of alleged commission of rape.
b. Date, time and place of the examination.
c. Conditions of the clothing.
d. The physician must observe the gait, the facial expression and the bodily
and mental attitude of the subject.
e. Physical and mental development of the victim.
f. Examination of the body for signs of violence.
g. Examination of the genetalia, including the breast.
▪ The breast must be examined for the presence of finger marks or
application of pressure. They might have been roughly handled or
the nipples bitten.
▪ The vulva may show swelling, tenderness, contusion, abrasion,
laceration or may be smeared with blood, semen, and other foreign
bodies.
▪ The hymen may show fresh laceration, swelling or bruising. There
may be healed lacerations or signs of physical virginity.
▪ In the pubic hair, the following medical evidence may be gathered:
(1) Pubic hair of the offender.
(2) Semen and spermatozoa.
(3) Blood stains.
(4) Body louse.
2. Examination of the alleged offender:
a. Physical development, mental condition and strength.

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b. Evidence of physical injuries.

c. Condition of the sex organ.
d. Evidence from the pubic hair.
e. Potency of the offender.
f. Evidence of genital infection.

Investigation of the Crime Scene:

1. Disturbances in the place of commission may infer or affirm the statement of
the victim that she did offer resistance.
2. Strands of hair, blood, seminal and other stains may be recovered to prove
consummation and struggle.
3. Pieces of personal belongings of the offender and/or victim may be recovered
to prove identity and physical struggle.
4. Investigation of witness who may possibly be material to the prosecution of the
case may be conducted.

SEDUCTION – The act of a man enticing women to have unlawful intercourse with
him by means of persuasion, solicitation, promises, bribes, or other means without
employment of force.
Kinds of Seduction under RPC:
1. Qualified Seduction (Article 337, Revised Penal Code.
Types:
a. Ordinary – seduction of a virgin over 12 years and under 18 years of age,
committed by a person in public authority, priest, house-servant, domestic,
guardian, teacher or any person who in any capacity, shall be entrusted
with the education or custody of the woman seduced.
b. Incestuous – this includes seduction wherein there is blood relationship
between the seducer and the seduced.

2. Simple Seduction (Article 338, RPC). The seduction of a woman who is

single or a widow of good reputation, over 12 but under 18 years of age,
committed by means of deceit.
Deceit – is a fraudulent and cheating misrepresentation, artifice or device,
used by one or more persons to deceive and trick another, who is ignorant of
the true facts, to the prejudice and damage of the party imposed upon.

Medical Evidences in the Crime of Seduction:

➢ Medical proofs on account of the application of force, and conditions that will
cause the victim unconscious are no longer relevant.
➢ Determination of the age of victim trough medical proofs may be necessary.
➢ If the alleged criminal act developed into pregnancy and birth of the child, the
question of paternity may be necessary.

ACTS OF LASCIVIOUSNESS – are acts which tend to excite; conduct which is

wanton, lewd, voluptuous or lewd emotion. (Black’s Law Dictionary)

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Acts considered lascivious:

1. Embracing, kissing and holding the woman’s breast.
2. Art. 336 Revised Penal Code. Acts of lasciviousness.
3. Art. 339, Revised Penal Code – Acts of lasciviousness with the consent of the
offended party.

ABDUCTION – is the carrying away of a woman by an abductor with lewd design.

Lewd design is the intent of the abductor to have sexual intercourse with the woman
abducted.
Types of abduction punishable under the Revised Penal Code:
1. Forcible abduction (Art. 342, RPC)
2. Consented abduction (Art. 343, RPC)

ADULTERY AND CONCUBINAGE

Adultery is committed by any married woman who shall have sexual intercourse with
a man not her husband and by the man who has carnal knowledge of her, knowing
her to be married, even if the marriage be subsequently declared void. (Art. 333,
Revised Penal Code)

Concubinage – is committed by any husband who shall keep a mistress in the

conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances,
with a woman who is not his wife, or shall cohabit with her in any place. (Art. 334,
RPC)

PROSTITUTION

Prostitutes are women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct. (Art. 202, (5), RPC)

Medico-legal aspect of Prostitution:

1. Prostitution is one of the venues in spreading venereal and other diseases.
2. Evidences may be gathered to prove sexual or lascivious acts.

Other persons involved in the business of prostitution are punished under the
following provisions of the Revised Penal Code:
1. Corruption of Minors (Art. 340, RPC)
2. White Slave Trade (Art. 341, RPC)

PREGNANCY

Pregnancy is the state of a woman who has within her body the growing
product of conception or a fecundated germ.

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Legal Importance of the Study of Pregnancy:

1. Pregnancy is a ground for the suspension of the execution of the death
sentence in a woman. (Art. 83, RPC)
2. A conceived child is capable of receiving donation. (Art. 742, Civil Code)
3. A conceived child may exercise civil rights. (Art. 40, 41, Civil Code)
4. Concealment of the woman that she is pregnant by a man other than her
husband at the time of marriage is a ground for annulment of marriage.

Medical Evidence of Pregnancy:

A. Presumptive or Probable Signs and Symptoms:
1. Cessation of Menstruation.
2. Morning Sickness.
3. Change in the breast.
4. Progressive enlargement of the breast.
5. Change in color of the vagina and softening of the cervix.
6. Funic Soufflé or umbilical soufflé.
7. Ballottement
B. Positive Sign
1. Hearing of the Fetal Heart Sounds.
2. Outlining of the Fetal Parts.
3. Movement of the fetus.
4. X-ray examination.
5. Laboratory test for pregnancy.
DELIVERY – is the process by which a woman gives birth to her offspring.

Puerperium is the interval between the terminations of the labor (delivery) to the
complete return of the reproductive organ to its normal non-pregnant state. This lasts
from 6 to 8 weeks.

The study of delivery is important because proof of delivery is necessary in judicial

action on the following:
1. Legitimacy
2. Abortion
3. Infanticide
4. Concealment of birth
5. In slander or libel

ABORTION – is the willful killing of the fetus in the uterus, or violent expulsion of the
fetus from the maternal womb and which results to the death of the fetus.
Viability – is the point at which the fetus is potentially able to live outside the
mother’s womb, albeit with respiratory aid.

Provisions of the Revised Penal Code on Abortion:

1. Intentional Abortion (Art. 256, RPC)
2. Unintentional Abortion. (Art. 257, RPC)

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3. Abortion practiced by the woman herself or by her parents. (Art. 258, RPC)
4. Abortion practice by a physician or midwife and dispensing of abortive. (Art.
259, RPC)

Post-mortem Abortion – This is the expulsion of the product of conception after

death of the pregnant woman brought about by the post-mortem contraction of the
uterine muscles.

Medical Evidence of Abortion:

1. Abortion in Living:
a. Presence of external signs of violence in the form of contusions, abrasions,
hematoma, open wounds of whatever form on the body surface if induced
by general violence.
b. Examination of the generative track:
(1) Appearance of the external genitalia and vagina may show laceration,
contusion, abrasions and other marks of instrumentation.
(2) Examine the external or for softness, tear, and discharge.
(3) Note the size of the uterus, its consistency and location.
c. Examination of the instrument used for the presence of blood placental
tissue or fetal parts.
d. History – Note the state of health beforehand after abortion.
e. Signs of previous pregnancy:
(1) Condition of the breast
(2) Laxity of the abdominal wall.
(3) Paleness of integument.
(4) General body weakness.
(5) Presence of characteristic lochial discharge and odor.
(6) Palpability of the uterus and laceration of the cervix and perineum.
f. Examination of the expelled product of conception.
g. Laboratory test for pregnancy.
h. Testimony of the physician who completed the abortion or of other persons
who witnesses the criminal act.

Therapeutic Abortion – is an abortion which the law allows under some

justifications.

BIRTH

Legal Importance of the Study of Birth:

1. Determines personality. (Art. 40 and 41, Civil Code)
2. Appearance of a child is a ground for revocation of donation. (Art. 760, Civil
Code)
3. Proof of live-birth must first be shown before death of the child by the
prosecution in the case of infanticide.

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Still-birth – when the child has not breathed or has not shown any sign of life after
being completely born.

Live-birth – the child after birth exhibited clear signs of vitality and viability is not
necessary.

PATERNITY AND FILIATION

Paternity is the civil status of the father with respect to the child begotten by
him.
Filiation is the civil status of the child in relation to its mother or father.

Legal Importance:
1. For succession – In legal succession, the right of the legitimate children is
different from that of the illegitimate children. The law gives more rights in the
property of the deceased parent to legitimate children.
2. For enforcement of the naturalization and immigration laws.

Kinds of Children:
1. Legitimate – are those who were born in lawful wedlock or within 300 days
after dissolution of marriage.
2. Legitimated – a child born out of lawful wedlock and therefore considered
illegitimate are by fiction of law considered legitimate by subsequent valid
marriage of the parents.
3. Illegitimate – are those who were born out of lawful wedlock or after a
competent time after its dissolution.

Medical Evidence of Paternity and Filiation:

1. Parental Likeness.
2. Blood Grouping Test.
3. DNA Test.
4. Evidence from the mother:
a. Proofs of previous delivery.
b. Proofs of physical potency and fertility.
c. Proof of capacity to have access with the husband.

Non-Medical Proof:
1. Record of birth in the civil registrar.
2. Continuous possession of the status of a legitimate child (Art. 266, Civil Code).
3. Any other evidences allowed by the Rule of Court and special laws (Art. 267,
Civil Code).

Paternity and Filiation on Non-Conventional Methods of Procreation

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Artificial insemination – is medical procedure by which the semen is introduced into

vagina by means other than copulation for the purpose of procreation. This also
known as therapeutic insemination.

Classification:
1. A.I.H. (Artificial Insemination Homologous/Husband) – When the sperm comes
from the husband.
2. A.I.D. (Artificial Insemination Donor/Heterologous) – When the sperm comes
from a donor other than the husband.
3. A.I.H.D. (Artificial Insemination Husband Donor, Polled Donor Semen) – When
the donor semen comes from the husband and a third party donor.

In Vitro Fertilization (Test Tube Baby) is the fertilization of the egg cell by the sperm
cell extracted from the respective donors placed in an artificial medium and after
reaching a certain stage of cellular division and development: (1) Implanted into a
woman’s uterus; or (2) Gestation in an artificial womb.
Ectogenesis (extra corporeal gestation) – embryo is allowed to develop in
an artificial womb.

Surrogate Mother – is a woman who is not the source of the ovum and in whose
uterus the in vitro fertilized egg is implanted to develop up to full term and delivered
child.
IMPOTENCY AND STERILITY

Impotency is the physical incapacity of either sex to allow or grant to the other
legitimate sexual gratification.
A person may be impotent but not sterile, or sterile but not impotent although
both conditions may exist at the same time.

Legal Importance of Impotency:

1. Impotency, if proven, will overthrow the presumption of legitimacy (Art. 255,
Civil Code).
2. Impotency may be a ground for annulment of marriage.
3. Impotency may be a defense in rape.
4. Impotency may be a cause to the development of abnormal sexual behavior.
5. Impotency may be a cause for the development of suicidal tendency.

Sterility – is the loss of power of procreation and is absolutely independent of

whether or not impotence is present.

Medico-Legal Aspect of Disturbance of Mentality

INSANITY- In the sociological viewpoint, insanity is the persistent inability through

mental causes to adapt oneself to the ordinary environment.

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In medicine, it is the prolonged departure of the individual from his natural

mental state arising from bodily disease.
In law, it covers nothing more than the relation of a person and the particular
act which is subject of judicial investigation.

Legal Importance:
1. Insanity is a restriction on the capacity of a natural person to act (Art. 38, Civil
Code)
2. Insanity modifies or limits the capacity of a natural person to act (Art. 39, Civil
Code).
3. Insanity at the time of marriage of any or both parties is a ground for the
annulment of marriage.
4. A testator must be of sound mind at the time of execution of a will.
5. A witness to a will must be of sound mind.
6. Insanity of the testator is a ground for disallowance of a will.
7. An insane cannot give consent to a contract.
8. The guardian or the insane himself, if there is no parent or guardian shall be
held liable for damages due to his insanity.
9. Insanity exempts a person from criminal liability.
10. Suspension of the execution and service of the penalties in case of insanity.

Mental Deficiency – (mental sub-normality, mental retardation) is the below-normal

intellectual functioning which originates from the arrest or incomplete development of
the mind during the development period below the age of 18 which may be induced
by various factors associated with the impairment of learning, social adjustment or
maturation.

Classification:
1. Idiot – Usually congenital and due to defective development of the mental
faculties. An idiot is wanting in memory, will power and emotion. The
intelligence is comparable to that of a 2 year old child.
2. Imbecile – person whose mental defect, although not amounting to idiocy, is
yet pronounced that they are incapable of managing themselves of their
affairs, or in the case of children, of being taught to do so. He has the mental
development similar to a child from 2 to 7 years old.
3. Feeble-minded – person whose mental defect, although not amounting to
imbecility, is yet so pronounced that they require care, supervision and control
in their protection or for the protection of others; or, in the case of children, that
they appear to be permanently incapable of reason of such defectiveness of
receiving property benefit from the instruction of ordinary schools. He has a
mentally similar to that of a child 7 to 12 years old.
4. Moral Defective- In addition to the mental defect, there are strong vicious and
criminal propensities, so that the person requires care, supervision and control
for the protection of others.

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Other Conditions Manifesting Disturbance of Mentality:

1. Somnambulism – This is an abnormal mental condition whereby a person is
performing an act while in the state of natural sleep.
2. Semisomnolence or Somnolencia – a state when a person is in half asleep or
in a condition between sleep and waking.
3. Hypnotism or Mesmerism – A person is made unconscious by the suggestive
influence of the hypnotist.
4. Delirium – is a state of confusion of mind. It is characterized by incoherent
speech, hallucination, illusions, delusions, restlessness, and apparently
purposeless motions.

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