Legal Med 2019 Final Examination Answers

Cordillera Career Development College
COLLEGE OF LAW
Buyagan, La Trinidad, Benguet
LEGAL MEDICINE
(Final Examination)
Submitted to: Atty. Ruth B. Bawayan
Submitted by: Gina Portuguese Gawon
DECEMBER 16, 2019

1. How is Legal Medicine different from Medical Jurisprudence?
(5 points)
ANSWER:
Legal Medicine is a branch of medicine which deals with the

application of medical knowledge to the purpose of law and in the
administration of justice. It is different from Medical jurisprudence
because it is the knowledge of law in relation to the practice of
medicine.
2. (a) What is the importance of determining the kinds of

physical injuries as defined under the Revised Penal Code in
the filing of a case? (5 points)
ANSWER:
The importance of determining the kinds of physical injuries as

defined under the Revised Penal Code in the filing of a case
are the following:
a. To establish the guilt beyond reasonable doubt;

b. To aid in determining whether the act was executed with
malice or it is a pure accident thereby identifying it whether it
is an attempted of frustrated;
c. It will be the basis on what is the real cause of death of one
victim or what case should be file against an accused; and
d. It will also determine the range of penalty that shall be
impose in the said crime which was committed.
(b) Enumerate & differentiate the various kinds of wounds. (5

points)
ANSWER:
The kinds of wounds are the following:

a. Cuts which are less hazardous and less likely to be inflamed;
b. Punctures which are caused by pointed weapons thrust into
a person’s body;
c. Bruises which are caused by blunt force hitting a soft part of
the body;
d. Gun-shots which are caused by the bullet’s contact with a
person’s body;
e. Fractures which are caused by blunt force that resulted to
snapping of a person’s bone;
f. Burns which are cause by heat; and
g. Hacks which are caused by intentionally wielding a sharp
object to a person’s body.
(c) What are the various stages of death? What is its

relevance in legal cases? (10 points)
ANSWER:
The various stages of death are the following:
a. Somatic or clinical death- persistence of vital functions;

b. Molecular or cellular death- 3 to 6 hours after cessation of
life; and
c. Apparent death or state of suspended animation-transmitted
loss of consciousness in hysteria, uremia, electric shock.
3. Is a medical examination and a medical certificate necessary

before a case of rape can be filed? Explain your answer. (10
points)
ANSWER:
No. In the case of People v. Colorado which it held that medical

certificate is not necessary to prove the commission of rape, as
even a medical examination of the victim is not indispensable in a
prosecution for rape. Expert testimony is merely corroborative in
character and not essential to conviction. It added that She
recognized rule in this jurisdiction is that the "assessment of the
credibility of witnesses is a domain best left to the trial court judge
because of his unique opportunity to observe their deportment and
demeanor on the witness stand; a vantage point denied appellate
courts-and when his findings have been affirmed by the Court of
Appeals, these am generally binding and conclusive upon this
Court."
The court even cited in the case of People v. Saludo wherein it

held that rape is a painful experience which is oftentimes not
remembered in detail. For such an offense is not analogous to a
person's achievement or accomplishment as to be worth recalling
or reliving; rather, it is something which causes deep psychological
wounds and casts a stigma upon the victim, scarring her psyche
for life and which her conscious and subconscious mind would opt
to forget. Thus, a rape victim cannot be expected to mechanically
keep and Then give an accurate account of the traumatic and
horrifying experience she had undergone.
Thus, even if there is no medical examination or medical

certificate, if the victim can be able to recall the event and the
prosecution can prove that their witness is a credible person, then
the case of rape can be filed.
4. (a) For a medical malpractice suit to prosper, what must be

established and proven by the plaintiff? How should this be
done? (15 points)
ANSWER:
The injured patient (plaintiff) must show that the physician

acted negligently in rendering care, and that such negligence
resulted injury. To do so, four legal elements must be proven: (1) a
professional duty owed to the patient; (2) breach of duty; (3) injury
caused by the breach; and (4) resulting damages. This includes
doing nothing when they should have done something. This may
be considered an act or omission or a negligence.
(b) What is the nature of a malpractice suit? Explain. (5

points)
ANSWER:
The nature of a malpractice suit is based on the claim under
quasi-delicts. Wherein it requires proof that a party failed to
observe, for the protection of the interest of another person, the
degree of care, precaution, and vigilance which the circumstances
justly demands thereby causing injury to another. It is the act
needed to do by a reasonable man, guided with reasonable
conduct of human affairs would do. Thus, it is the doing of
something which is prudent and reasonable man would not do.
(c) Provide and define at least three concepts applied by trial

courts in medical malpractice suits. (15 points)
ANSWER:
5. (a) Who is an expert witness? Why are they presented in

court? (10 points)
ANSWER:
An expert witness is one who belongs to the profession or

calling to which the subject matter of the inquiry relates and who
possesses special knowledge on questions on which he proposes
to express an opinion. There is no definite standard of determining
the degree of skill and knowledge that a witness must possess in
order to testify as an expert. It is sufficient that the following factors
be present: (1) training and education; (2) particular, first-hand
familiarity with the facts of the case; and (3) presentation of
authorities or standard upon which his opinion is based. The
question of whether a witness is properly qualified to give an
expert opinion rests with the discretion of the trial court.
They are called to present in court to testify and to give their full
knowledge and expertise to the case which is related to their
expertise or field.
(b)According to Deborah D. Kuchler, a diligent attorney can
maximize his/her possibility of prevailing on the basis of
the expert’s testimony alone , if the attorney cautiously
adheres to the four-step process for the direct examination
of witnesses: (1) qualifying the expert; (2) establishing a
basis for his/her opinion; (3) eliciting the opinion; and (4)
explaining the opinion. When eliciting the expert’s opinion,
explain why the lawyer is not encouraged to ask the
expert, ‘What happened next?’ (10 points)
ANSWER:
In the discussion of Deborah Kuchler, she discourages

the lawyers to ask "what happened next?" because there is a
tendency that the expert witness will give lengthy exegesis. She
said that it is better if the lawyer will ask a question that the jury
needs to know the answer or likely answer to the question
before the expert actually respond. If the jury answers or would
likely to know the answer, it cements to their minds the lawyer's
arguments without relying on the expert's credibility. Also,
through this method, the jurors are not forced to take in the
whole developed testimony because they had the tendency to
fade-in and to fade-out.
(c)In relation to a case for Reckless Imprudence Resulting to

Homicide, should an expert witness be presented? How
about for the Defense? Explain your answers with the
application of legal medicine concepts. (10 points)

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Cordillera Career Development College

Submitted to: Atty. Ruth B. Bawayan

Submitted by: Gina Portuguese Gawon

DECEMBER 16, 2019

Legal Medicine is a branch of medicine which deals with the

2. (a) What is the importance of determining the kinds of

The importance of determining the kinds of physical injuries as

a. To establish the guilt beyond reasonable doubt;

(b) Enumerate & differentiate the various kinds of wounds. (5

The kinds of wounds are the following:

(c) What are the various stages of death? What is its

The various stages of death are the following:

a. Somatic or clinical death- persistence of vital functions;

3. Is a medical examination and a medical certificate necessary

No. In the case of People v. Colorado which it held that medical

The court even cited in the case of People v. Saludo wherein it

Thus, even if there is no medical examination or medical

4. (a) For a medical malpractice suit to prosper, what must be

The injured patient (plaintiff) must show that the physician

(b) What is the nature of a malpractice suit? Explain. (5

(c) Provide and define at least three concepts applied by trial

5. (a) Who is an expert witness? Why are they presented in

An expert witness is one who belongs to the profession or

In the discussion of Deborah Kuchler, she discourages

(c)In relation to a case for Reckless Imprudence Resulting to

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