Академический Документы
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A Report by:
Jose Parcon
Jonathan Siddayao
1PedroP.Solis,MedicalJurisprudence,R.P.GarciaPublishingCo.,1988.
2Ibid.
a. Ordinary Witness
A physician who testifies in court on matters he perceived from his
patient in the course of physician-patient relationship is considered
as an ordinary witness.
An exception to the ordinary witness rule is the privilege
communication between physician and patient. The physician and
other medical practitioners cannot in a civil case, without the
consent of the patient, be examined as to any information, which
he may have acquired in attending such patient in a professional
capacity.
A medical witness can only testify on matters derived by his own
perception. He can only testify on matters which he has personal
knowledge.
Matters, which are not from the personal knowledge of the witness
but from mere repetition of what he has heard others say, are
hearsay evidence.
As a rule, hearsay evidence is not admissible in court. But one of
the exceptions to the non-admissibility of hearsay evidence is
dying declaration.
The declaration of a dying person under the consciousness of his
impending death is admissible because of its necessity and it is
trustworthy.
3Ibid.
i.
ii.
iii.
iv.
b. Expert Witness
A physician on account of his training and experience can give his
opinion on a set of medical facts. He can deduce or infer
something, determine the cause of death, or render opinion
pertinent to the issue and medical in nature.
The probative value of the expert medical testimony depends upon
the degree of learning and experience on the line of what the
medical expert is testifying, the basis and logic of his conclusion,
and other evidences tending to show the veracity or falsity of his
testimony.
3. Experimental Evidence
A medical practitioner as a witness may be allowed by the court to
confirm his allegation as a corroborated proof to an opinion he
previously stated.
Example:
5. Physical Evidence
These are articles and materials, which are 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, or in general assist in the prosecution of a criminal.
Types of Physical Evidence:
a) Corpus Delicti Evidence Objects or substances that may be a part
of the body of the victim of murder, prohibited drugs recovered
from the possession of the offender, knife with bloodstain or
fingerprint of the suspect, etc.
b) Associative Evidence These are physical evidences, which may link
a suspect to the crime. The suspect may leave clues at scene of the
crime such as: weapons or tools used in the crime, fingerprint or
foot impression of the suspect, wearing apparel, etc., and other
articles of value that may be useful in solving the crime.
c) Tracing evidence Physical evidences which may assist
investigators in locating the suspect such as: aircraft or ships
manifest, physicians clinical record in case the suspect seeks
medical assistance for injuries sustained in an encounter, blood
stains of the wounded suspect infer direction he traversed during
escape.
Source:
Pedro P. Solis, Medical Jurisprudence, R.P. Garcia Publishing Co.,
1988.