Legal Medicine - Is A Branch of Medicine Which Deals With The

September 14, 2020
Legal Medicine – is a branch of Medicine which deals with the

application of medical knowledge to the purposes of law and justice.
It is the application of the basic and clinical, medical and paramedical

sciences to elucidate legal matters
Purposes of the Study
1. To give the Medical Practitioner a theoretical and practical knowledge

of Medical Science in relation to law.
2. To inform the Physician of his rights and duties as an expert witness in

the pursuance of law and justice.
3. To inform students of Law of the methods of correlating medical

evidence with its legal significance. It also aims to train future lawyers on
the proper procedures of examining an expert medical witness so that
justice may be rendered to where it is due.
4. To acquaint medical and law students and practitioners of the recent

advances of forensic medicine and the medico legal systems and
procedures adapted in the Philippines and other countries.
5. To enable students of law, criminology, and police sciences to

understand the medical aspect of criminal investigation, as well as their
significance, interpretation, and probative value in court.
Mental exercise: memorize at least 2 purposes of the study of legal
medicine with respect to the legal profession.
Scope of Legal Medicine: The scope of legal medicine is quite broad

inasmuch as it covers all branches of medicine and allied sciences to the
application of law and justice.
Nature of Legal Medicine: knowledge of legal medicine means the ability

to acquire facts, the power to arrange those facts in their logical order,
and the application for purposes of law the conclusion which they lead
to.
Forensic Medicine – is synonymous with Legal Medicine, however, legal

medicine strictly means medicine applied to legal cases, while forensic
medicine refers to the use of medical science to elucidate legal
problems.
Medical Jurisprudence – branch of law which deals with the organization

and regulation of the medical profession, with the contractual
obligations existing between practitioner and his patient, and with the
duties imposed on the practitioner by the State.
Distinctions between Legal Medicine and Medical Jurisprudence
1. Legal Medicine is a branch of Medical Science while Medical

Jurisprudence is a branch of Law.
2. Legal Medicine is Medicine applied to law and administration of justice

while Medical Jurisprudence is law applied to the practice of medicine.
3. Legal Medicine basically originates from the development of medical
science whereas Medical Jurisprudence emanates from Acts of Congress,
executive orders, administrative circulars, customs and usages, and
decisions of tribunals which have relation to the practice of medicine.
4. Legal Medicine is based on the principle of coordination meaning it

coordinates medicine to law and justice. Medical Jurisprudence is based
on the principle of subordination meaning the Physician is duty bound to
obey the laws that govern the medical profession.
Mental exercise: how can you distinguish legal medicine from medical
jurisprudence?
Branches of Law where Legal Medicine is principally applied:
1. Civil Law – That branch of law which deals with a system of norms or
rules of a character general and common which regulate the relations of
persons, individual or collective, and which protects the person in his
personality as well as his interests both moral and patrimonial. As such,
therefore legal medicine can be applied to the following:
Civil Law is a mass of precepts that determines and regulates the
relationships of members of society in the interest of protecting their
lawful private interests.
Our civil laws are scientifically and systematically compiled in the

Civil Code of the Philippines (Republic Act No. 386)
In civil law, knowledge of legal medicine may be useful on the

following:
a. The determination and termination of civil personality (Art. 40 &41)
b. The limitation or restriction of a natural person’s capacity to act (Art.

23&29)
c. Marriage and legal separation
d. Paternity and filiation
Filiation - the assignment of paternity to someone, such as a bastard

child
Paternity – the fact or condition of being a father
e. The testamentary capacity of a person making a will
f. The right to hereditary succession
2. Criminal Law – branch or division of law which defines crime, treats of

their nature, and provides for their punishment. The Philippine criminal
law is codified in the Revised Penal Code and may also be found in the
penal provisions of the special laws.
Legal medicine is applicable in the following provisions of the penal

code:
a. Circumstances affecting criminal liability
b. Crimes against person
c. Crimes against chastity
3. Remedial Law – branch of law which deals with the rules concerning
pleadings, practice and procedure in all courts of the Philippines.
It is the law which gives a party a remedy for a wrong. It is intended

to afford a private remedy to a person injured by the wrongful act. It is
designed by law, which redresses an existing grievance or introduces
regulation conducive to public good.
Remedial laws are embodied in the Rules of Court of the

Philippines and also in the remedial provision of Special Laws.
Legal Medicine may be applied in the following provisions of the

Rules of Court:
a. Physical and mental examination of a person (Rule 28)
b. Proceedings for hospitalization of an insane person (Rule 101)
c. Rules on evidence (Part IV)
4. Special Laws
a. Insurance law
b. Employer’s Liability act
c. Labor Code(P.D. 442)
d. Dangerous Drug Act (R.A.6425)
e. Youth and Child Welfare Code (P.D. 603)

f. Code of Sanitation (P.D. 856)
Medico-Legal Officer – is a physician duly qualified to practice medicine

in the Philippines and has sufficient experience and training in all
branches of medico-legal work. All municipal and city health officers are
bestowed with the duties of a Medico-legal officer. Any Physician in
attendance of a victim of physical injuries where justice and law are
sought after is an ex officio medico-legal officer but is more appropriately
called an expert medical witness.
Duties of the Medico-legal Officer:
1) He investigates death upon request, expressed or implied, from

competent authorities. He is authorized to perform autopsy and conduct
serology or toxicology examinations relevant to the circumstances of
death.
2) He conducts physical examination on a victim of any crime resulting in

physical injuries, lethal or otherwise.
3) He makes a record of his physical findings and issues a certified copy

thereof upon request.
4) He appears in court upon being subpoenaed to testify and elucidate

on the physical injuries inflicted on the victim.
Medical Jurist (definition) – is a physician who specializes in the science

of legal medicine. He possesses a sufficient knowledge of pathology,
surgery, toxicology, and other branches of medicine in its application to
law and justice. Sometimes a Medical Jurist is called Forensic Pathologist
Differences between an Ordinary Physician and a Medical Jurist:
1. An ordinary physician sees an injury or disease on the point of view of

treatment, while a medical jurist sees injury or disease as regards to
cause.
2. The purpose of an ordinary physician’s examination of a patient is to

institute remedy of treatment, while that of a medical jurist is for law
and to give justice to one where justice is due.
3. Minor bodily lesions may be insignificant to an ordinary physician to

warrant attention for they may not necessitate treatment or produce
untoward effect. To a medical jurist, physical injuries of whatever nature,
size, and location must be appreciated and described. His examination
may prove force and may change the nature of the crime, or it may prove
justification on the part of the offender to inflict injuries on the victim.
Attributes of an efficient medico-legal officer:
A physician is expected to be an impartial observer, intent only on

seeking the truth of a case in relation to its circumstances. He must also
possess the ability to impart in words or in writing all of his observations.
He must also be able to give his logical opinion.
Some members of the medical profession regard court appearance for
medico legal testimony with abhorrence treating it as additional burden
to their duties. Some will refuse to handle medico legal cases out of fear,
or due to waste of material time when being summoned in court.
But, no physician in practice can ignore a summons nor refuse to appear
in court to testify on a medico legal case.

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September 14, 2020

Legal Medicine – is a branch of Medicine which deals with the

It is the application of the basic and clinical, medical and paramedical

Purposes of the Study

1. To give the Medical Practitioner a theoretical and practical knowledge

2. To inform the Physician of his rights and duties as an expert witness in

3. To inform students of Law of the methods of correlating medical

4. To acquaint medical and law students and practitioners of the recent

5. To enable students of law, criminology, and police sciences to

Scope of Legal Medicine: The scope of legal medicine is quite broad

Nature of Legal Medicine: knowledge of legal medicine means the ability

Forensic Medicine – is synonymous with Legal Medicine, however, legal

Medical Jurisprudence – branch of law which deals with the organization

Distinctions between Legal Medicine and Medical Jurisprudence

1. Legal Medicine is a branch of Medical Science while Medical

2. Legal Medicine is Medicine applied to law and administration of justice

4. Legal Medicine is based on the principle of coordination meaning it

Branches of Law where Legal Medicine is principally applied:

Our civil laws are scientifically and systematically compiled in the

In civil law, knowledge of legal medicine may be useful on the

a. The determination and termination of civil personality (Art. 40 &41)

b. The limitation or restriction of a natural person’s capacity to act (Art.

c. Marriage and legal separation

d. Paternity and filiation

Filiation - the assignment of paternity to someone, such as a bastard

Paternity – the fact or condition of being a father

e. The testamentary capacity of a person making a will

f. The right to hereditary succession

2. Criminal Law – branch or division of law which defines crime, treats of

Legal medicine is applicable in the following provisions of the penal

b. Crimes against person

c. Crimes against chastity

It is the law which gives a party a remedy for a wrong. It is intended

Remedial laws are embodied in the Rules of Court of the

Legal Medicine may be applied in the following provisions of the

a. Physical and mental examination of a person (Rule 28)

b. Proceedings for hospitalization of an insane person (Rule 101)

c. Rules on evidence (Part IV)

b. Employer’s Liability act

c. Labor Code(P.D. 442)

d. Dangerous Drug Act (R.A.6425)

e. Youth and Child Welfare Code (P.D. 603)

Medico-Legal Officer – is a physician duly qualified to practice medicine

Duties of the Medico-legal Officer:

1) He investigates death upon request, expressed or implied, from

2) He conducts physical examination on a victim of any crime resulting in

3) He makes a record of his physical findings and issues a certified copy

4) He appears in court upon being subpoenaed to testify and elucidate

Medical Jurist (definition) – is a physician who specializes in the science

1. An ordinary physician sees an injury or disease on the point of view of

2. The purpose of an ordinary physician’s examination of a patient is to

3. Minor bodily lesions may be insignificant to an ordinary physician to

Attributes of an efficient medico-legal officer:

A physician is expected to be an impartial observer, intent only on

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