LEGAL MEDICINE

A. Definitions
1. Legal Medicine
2. Medical Jurisprudence
3. Forensic Medicine
4. Forensic Science
B. Scope and Significance
1. Application of Medical Science to Law
2. Application of Legal Principles to Medicine
3. Current Laws relevant to Medicine and Allied
Medical Science
A. Birth (Civil Code art. 40, 41)
1. Legal Issues
a. Abortion
b. Infanticide
c. Paternity and Filiation
B. Capacity to Act/ Limitations on Capacity to Act (NCC art.
38, 39)
1. Age
a. Minority
b. Old Age
2. Mental State
a. Imbecility
b. Insanity/Unsound Mind
c. Level of Education
A. Mental Health
1. Insanity
2. Psychological Incapacity
3. Battered Woman Syndrome

B. Examination of Mental Status

1. Physical Conditions
a. Deaf-Mute
b. Sexually Transmitted Disease, Curable, Incurable
c. Impotency, Sterility
d. Pregnancy
e. Drug Addiction and Alcoholism
2. Legal Implications
a. Consent in contracts
b. Testamentary Capacity
c. Criminal Liability
d. Marriage

C.Death
IV. Crime Scene Investigation
A. Conduct of Search
B. Evidence
C. Autopsy
D. Blood Spatter
E. DNA Evidence
F. Death Investigation

V. Physical Injuries
A. Wounds
1. Type of Wounds
2. Stab Wounds
3. Gun Shot Wounds
B. Physical Injuries
C. Automotive Crash or Accident

VI. Child Abuse and Sexual Crimes

VII. Examination of Witness
A. Deception Detection
B. Criminal Profiling
C. Examination of Child Witness
D. Examination of Victims of Abuse
E. Examination of Expert Witness
VIII. Criminal Liability of Physicians and Medical
Negligence
IX. Hospital Liability
1. Quizzes/Reports/Recitation/attendance 30%
2. Midterms 30%
3. Finals 40%

Reference:
 Legal Medicine by Pedro Solis
 Medical Jurisprudence by Pedro Solis

 E-mail: edwin.dimatatac@yahoo.com
Atty. Edwin L. Dimatatac, MD, FPCP, MHA
 Joseph Schwegmann, 62, who has been with
the Archdiocese of Cagayan de Oro for 20
years, was discovered at around 11:30 a.m.
inside his room at the Missionary Society of
St. Columban at the corner of Singalong and
Remedios Streets in Malate.
 Police Officer Amelito Lopez, of the Manila
Police District (MPD) Homicide Section, said
Schwegmann arrived at the missionary house
on Monday morning and stayed inside his
room to prepare for his flight. He was
supposed to return to the US on Wednesday
afternoon.
 A report sent to the investigator revealed
that hours before noon of Wednesday, the
staff of the missionary house began to
wonder why the priest had not shown any
signs that he was preparing for his
departure. A member of the staff, Jonathan
Salva, then decided to knock on his door to
inquire. When there was no response, Salva
used a duplicate key to open the door to the
room where he discovered the victim's
body.
 Lopez noted that while the body bore no
external injuries, it was already bloated,
showing that the priest could have been dead
for sometime. He offered the theory that the
elderly priest died of a natural cause.

 Jeanette Andrade, Elderly American Priest Found Dead in Manila, Yahoo!

News (June 1, 2012), http://ph.news.yahoo.com/elderly-american-priest-
found-dead-manila-092007399.html (last accessed on June 3, 2012).
 Sec. 5. Additional requirements for other
applicants. - xxx No applicant shall be
admitted to the bar examinations unless he
has satisfactorily completed the following
courses in a law school or university duly
recognized by the government: civil law,
commercial law, remedial law, criminal law,
public and private international law, political
law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
 It is inevitable that the two disciplines
intersect.
1. Medical knowledge and the forensic science
can help elucidate legal problems.
2. The practice of medicine, administration of
hospitals and other health related fields
remain to be governed by law.
CIVIL LAW
 determination of civil personality (NCC, art
40,41,42)
 limitation of person’s capacity to act (NCC,
article 38, 39)
 marriage and legal separation - psychological
incapacity
 paternity and filiation
 testamentary capacity of a person making a
will
CRIMINAL LAW
 Circumstances affecting criminal liability
(insanity)
 Crimes against persons
 Crimes against chastity
 Dangerous Drugs Act
 VAWC
REMEDIAL LAW
 Physical and mental examination of the
person (rule 28)
 Proceeding for hospitalization of an insane
person (rule 101)
 DNA evidence
REMEDIAL LAW
 Physical and mental examination of the
person (rule 28)
 Proceeding for hospitalization of an insane
person (rule 101)
 DNA evidence
 Labor Law – Employee’s Compensation
 Insurance Law
 Special laws – Juvenile Justice Act, Code of
Sanitation
 Capacity to Enter Contracts
 Regulation of Professions – Medicine and
Allied Medical Sciences
 Licensing of Hospitals
 Duties imposed by law on Health Care
providers
 Health Insurance
 Health related Laws
 Medical Negligence
 Hospital Liability
 Health Maintenance Organizations
 Medical Privacy
 Rights of Patients
 Medical Records
 Legal Medicine
 Medical Jurisprudence
 Forensic Science
 Forensic Medicine
 Branch of medicine which deals with the
application of medical knowledge to the
purpose of law and in the administration of
justice (Solis, Legal medicine p. 1)
 Application of Medicine to Law
 Legal aspect of medical practice (Solis,
Medical Jurisprudence p.1)
 Application of Law to Medicine
 Application of a broad range of scientific
disciplines to public or legal concerns
 Forensic Medicine – branch of medicine that
deals with use of medical knowledge to
elucidate legal problems; sometimes it is
used synonymously with Legal Medicine.
 Clinical Forensic Medicine
 Forensic Pathology
 Forensic Psychiatry
 Clinical Forensic Medicine –branch of
medicine that deals specifically with cases
involving both legal and medical aspects of
patient care.

 Examples: Request for Physical Examination

of person in custody, Aging of Wounds to
determine if consistent with Alleged date of
infliction
 Forensic pathology – subspecialty of
pathology that focuses on medico-legal
death investigation; for death under
suspicious circumstances, medico-legal
officer can conduct an autopsy
 Code on Sanitation, P.D. 856 §95 (1975)

 Person authorized to perform Autopsies:

1. Health officers;
2. Medical officers of law enforcement
agencies; and
3. Members of the medical staff of accredited
hospitals.
 Autopsies shall be performed in the following cases:

1. Whenever required by special laws

2. By Order of Court or Fiscal
3. Upon written request of police authorities
4. Whenever the Solicitor General, provincial or city
fiscal as authorized by existing laws, shall deem it
necessary to disinter and take possession of remains
for examination to determine the cause of death
5. Whenever the nearest kin shall Request in writing by
nearest of kin the to ascertain the cause of death
 Autopsies may be performed on patients who die in
accredited hospitals subject to the following
requirements:
1. The Director of the hospital shall notify the next of kin of
the death of the deceased and request permission to
perform an autopsy.
2. Autopsy can be performed when the permission is granted
or no objection is raised to such autopsy within 48 hours
after death.
3. In cases where the deceased has no next of kin, the
permission shall be secured from the local health
authority.
 Forensic Psychiatry – use of psychiatric
evaluation and knowledge on human
behavior to elucidate legal problems,
provision of therapeutic services
 Forensic Psychology – use of knowledge of
the behavioral science for assessment of
criminal behavior, provision of therapeutic
services provided to individuals in forensic
settings
 Application: Determination of Age, Capacity
to Act and competence, Circumstances that
modify criminal liability, Drug abuse, mental
illness, suicide, sexual deviance, Support for
Victims of Sexual Assault, Violence or Abuse,
Criminal Profiling
 Forensic entomology
 Forensic ontology
 Forensic anthropology
 Forensic toxicology
 Forensic Chemistry
 Forensic Computer Science
 Forensic Entomology – application of
knowledge about insects, insect
identification; knowledge of their
developmental and reproductive stages to
deal with legal problems such as time of
death, and reconstruction of crime scene.
Egg stage = 14.4 hours
First instar = 9.6 hours,
grow to 5mm
Second instar = 24 hours,
grow to 10mm
Third instar = 158.4 hours,
grow to 20mm
 Forensic Odontology – the application
odontology to legal problems such as
identification of human remains, and analysis
of bitemarks
 Presidential Decree No. 1575 requires
practitioners of dentistry to keep and
maintain an accurate and complete record of
the dentition of all their patients.
 Upon the lapse of ten years from the last
entry, dental practitioners shall turn over the
dental records of their patients to the
National Bureau of Investigation for record
purposes
 Forensic Anthropology –discipline concerned
with study of skeletonized human remains as
they apply to identification, determination of
age, sex, presence of trauma or disease,
includes both anthropology and archaeology
 Anthropology is the study of humans, their
cultures, and their biology.
 Forensic Toxicology – discipline that concerns
itself with a study on drugs and metabolites
in biological fluids with application in medico-
legal cases; study of poisons and the different
types of poisoning.
 Forensic Chemistry – scientific examination
and identification of physical evidence such
as blood and seminal fluids, gunpowder
residues, explosives, hairs and fibers, tool
marks, glass fragments/fractures, paints and
soil
 Forensic instrumentation - analytical
chemistry such as spectroscopy (how a
material absorbs light – comparison of paint
chips, textile fibers),
chromatography(techniques to separate
mixtures of solids or liquids into individual
components for analysis of drugs, explosive
residues) and microscopy as applied to
forensic examinations.
 DNA Analysis – use of DNA to elucidate legal
problems including identification of body
fluids, stains, and determination of species.
 Forensic Computer Science – the application
of knowledge on computers and technology
to elucidate legal problems such as recovery
and analysis of digital evidence,
documentation and interpretation of
computer data, and other legal issues
involving use of computer or networks as a
tool or target in the commission of the crime.
 Questioned Document Examination - study
of all types of questioned documents
including handwriting analysis, examination
of signatures, study of document
alterations of obliterations and examination
of counterfeit bills

 Forensic Photography – documentation of

crime scene and physical evidence
 Dactyloscopy - study of fingerprint principles
in criminal investigation

 Polygraphy- specific detection of deception

in relation to criminal investigation.
So the other disciples told him, “We have seen
the Lord!” But he said to them, “Unless I
see the nail marks in his hands and put my
finger where the nails were, and put my hand
into his side, I will not believe.” (John 20:25)

St. Thomas the Doubter – said to be the patron

saint of Forensic Science
 Hippocrates (460-355 BC) – discussed
lethality of wounds
 Antistius - he is the forensic pathologist who
performed an autopsy on Julius Cesar (100-44
BC) and found out that Julius Cesar suffered
from 23 wounds, only one penetrated the
chest cavity through the space between the
first and second ribs.
 Song Ci – Father of forensic medicine
He published a 5 volume book on forensic
medicine that was useful reference for the
Justice bureaucracy, His Yuan Lu (Instructions
to Coroner), included topics like abortion,
infanticide, drowning, poisoning,
examination of dead
1858 - first medical textbook related to
medico-legal practice by Spanish Physician Dr.
Rafael Genard y Mas
1871 - Legal Medicine was included as a
subject in the School of Medicine of Real y
Pontifica Universidad de Santo Tomas
1895 – Medico-legal laboratory was
established in the City of Manila
 December 10, 1937 – Commonwealth Act No. 181 was
passed creating the Division of Investigation under
the Department of Justice. Medico-Legal Section was
an integral part and Dr. Gregorio Lantin was chief
 June 19, 1947 – Republic Act No. 157 created the
Bureau of Investigation
 June 18, 1949 – Republic Act 409 – creation of the
Office of the Medical Examiners and Criminal
Investigation Laboratory under the Police Department
of the City of Manila
Read Solis, Legal Medicine, 6-11 (1988)
 State-of-the art technology
 Single hair or flake of paint leads to culprit
 glamorous CSIs
 CSIs confronting witnesses during the
investigation
 Persons under investigation will confess
 Before, criminal investigation relied on
fingerprints and eyewitness
 Trace evidence
 DNA Evidence
 Improved Database
Fingerprint database in the Philippines
 Fingerprint database – mostly those with
criminal records
 Half a million prints in database
 39M unclassified fingerprint cards
 Automated Fingerprint Identification System
or (AFIS) - which can process 40,000 prints a
minute
 Major agencies of government concerned with
forensic investigations:
1. National Bureau of Investigation – Taft Avenue,
Manila
2. Philippine National Police – Camp Crame,
Quezon City- Scene of the Crime Operation
(SOCO Units)
3. Local Crime Laboratories
 Resources usually go to analysis of drugs and
DNA
1. Physical Science Unit – analysis of object
evidence at crime scene
2. Biology Unit – analysis of trace evidence (blood,
fibers, DNA)
3. Firearms Unit – analysis of ballistics
4. Document Examination Unit – handwriting
analysis
5. Photography Unit – documentation
6. Others: toxicology unit (biological fluids),
fingerprint, polygraph, evidence-collection
 Behavioral Science Division
 Dactyloscopy Division
 Electronic Data Processing Division
 Firearms Investigation Division
 Forensic Chemistry Division
 Identification and Records Division
 Medico-Legal Division
 Photography and Publication Division
 Polygraph Division
 Questioned Documents Division
 Autopsy (P1200)
 Histopathological Examination (P1000)
 DNA Examination (P20,000 per specimen)
 Drug Test (P400)
 Examination of Altered or Erased
Documents, Counterfeit bills (P2000)
 Handwriting (P3500)
 Signature Examination (P2000)
 Polygraph Examination (P600)
 Semen Determination (P500)
 Serology Examination (P500)
 Virginity Determination (P100)
 Senate Bill No. 1868 - seeks to establish and
provide funding for a Forensic Science
Institute in the University of the Philippines
system to provide competent, scientific and
modern technical services for the detection
and investigation of crimes.
 Technical Group already working on curriculum
for a B.S. Forensic Science under CHED
THANK YOU.