Legal Medicine Solis Notes PDF

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Legal Medicine Solis Notes
Ethics And Legal Issues (King College (USA))
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Summary of Legal Medicine

FROGLETS NOTES Book by Solis
treatment
CHAPTER I Purpose in examining a Purpose in examining a
GENERAL CONSIDERATION patient is to arrive at a patient is to include those
definite diagnosis so that bodily lesions in his report
Legal Medicine- branch of which deals with application of appropriate treatment can and testify before the court
medical knowledge to the purposes of law and in the be instituted or before an investigative
administration of justice. It is the application of basic and body
clinical, medical and paramedical sciences to elucidate Minor or trivial injuries are Records all bodily injuries
legal matters. usually ignored inasmuch even if they are small or
as they do not require usual minor because these
 Concept and practice of Legal Medicine in the treatment. injuries may be proofs to
Philippines is of Spanish origin. qualify the crime or to justify
the act.
Legal Medicine Forensic Medicine
Application of medicine to Application of medical
legal cases science to elucidate legal Example:
problems
Presence of PHYSICAL INJURIES of a victim of sexual
abuse = presumes that force was applied; hence, crime
Medical Jurisprudence- knowledge of law in relation to committed must be RAPE.
the practice of medicine. It concerns with the study of the
rights, duties and obligations of medical practitioner with Presence of PHYSICAL INJURIES on the offender of the
particular reference to those arising from doctor-patient crime of physical injuries= proof that the victim acted in
relationship. SELF-DEFENSE.
NATURE OF THE STUDY OF LEGAL MEDICINE OTHER DEFINITIONS
 Knowledge of legal medicine means the ability to 1. LAW- rule of conduct, just, obligatory, laid by
acquire facts, the power to arrange those facts in legitimate power for common observance and
their logical order, and to draw a conclusion from benefit.
the facts which may be useful in the
administration of justice. Characteristics of Law:
 Medical Jurist (medical examiner, medico-legal
officer, medico-legal expert) – a physician who - It is a rule of conduct;
specializes or is involved primarily with medico- - It is dictated by legitimate power; and
legal duties. They are mostly in the service of the - Compulsory and obligatory to all.
government.
Forms of Law:
 It is the duty of every physician, when called
upon by the judicial authorities, to assist in the A. Written or Statutory Law (Lex
administration of justice on matters which are Scripta) – composed of laws which are
medico-legal in character.‖ produced by the country’s legislations
 To be involved in medico-legal duties, a and which are defined, codified and
physician must possess sufficient knowledge of: incorporated by the law-making body.
o Pathology Ex. Philippine Laws.
o Surgery B. Unwritten or Common Law (Lex non
o Gynecology Scripta) – composed of unwritten laws
o Toxicology based on immemorial customs and
o Other branches of Medicine germane usages. Sometimes referred to as case
to the issues involved. law, common law, jurisprudence or
customary law. Ex. Laws of England.
Ordinary Physician Medical Jurist
Sees an injury or disease Sees injury or disease on 2. FORENSIC- denotes anything belonging to the
on the point of view of the point of view of cause court of law or used in court or legal proceedings
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or something fitted for legal or public 2. Proceedings for hospitalization of an insane

argumentations. person (Rule 101); and
3. Rules on evidences (Part IV).
3. MEDICINE- a science and art dealing with
preventation, cure and alleviation of disease. It is In SPECIAL LAWS:
that part of science and art of restoring and
preserving health. It is the science and art of 1. Dangerous Drug Act (RA 6425, as amended)
diagnosing, treating, curing and preventing 2. Youth and Child Welfare Code (PD 603)
disease, relieving pain, and improving the health 3. Insurance Law (Act No. 2427 as amended)
of a person. 4. Code of Sanitation (PD 856)
5. Labor Code (PD 442)
4. LEGAL- that pertains to law, arising out of, by 6. Employee’s Compensation Law
virtue of or included in law. Refers to anything
conformable to the letters or rules of law as it is MEDICAL EVIDENCE
administered by the court.
Evidence- the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a
5. JURISPRUDENCE- science of giving a wise
matter of fact.
interpretation of the law and making just
application of them to all cases as they arise. If the means employed to prove a fact is medical
in nature then it becomes a medical evidence.
PRINCIPLE OF STARE DECISES
TYPES OF MEDICAL EVIDENCE
A principle that, when the court has once laid
down a principle of law or interpretation as applied to a 1. Autoptic or Real Evidence – evidence made
certain state of facts, it will adhere to and apply to all future known or addressed to the senses of the court. It
cases where the facts are substantially the same. is not limited to that which is known through the
sense of vision but is extended to what the sense
BRANCHES OF LAW WHERE LEGAL MEDICINE MAY
of hearing, taste, smell and touch is perceived.
BE APPLIED
(Sec.1, Rule 130)
In CIVIL LAW, knowledge of legal medicine may be useful
Limitations to the Presentation of Autoptic
on the following:
Evidence:
1. Determination and termination of civil personality
a) Indecency and Impropriety – presentation
(Art.40-41);
of evidence may be necessary to serve the
2. Limitation or restriction of a natural person’s
best interest of justice but the notion of
capacity to act (Art. 23 and 29);
decency and delicacy may cause inhibition
3. Marriage and legal separation
of its presentation.
4. Paternity and filiation
5. Testamentary capacity of a person making a will. Ex: Court may not allow exposure of the
genitalia of an alleged victim of sexual
In CRIMINAL LAW, legal medicine is applicable in the
offense to show the presence and degree of
following provisions of the Penal Code:
the genitalia and extra-genitalia injuries
1. Circumstances affecting criminal liability; suffered.
2. Crimes against person;
b) Repulsive Objects and those Offensive to
3. Crimes against chastity.
Sensibilities – foul smelling objects,
In REMEDIAL LAW, legal medicine is applied in the persons suffering from highly infectious and
following provisions of the Rules of Court: communicable disease, or objects which
when touch may mean potential danger to
1. Physical and mental examination of a person the life and health of the judge may not be
(Rule 28); presented.
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However, if such evidence is necessary in 4. Documentary Evidence- Medical Documentary

the adjudication of the case, the question of Evidence may be:
indecency and impropriety or the fact that a. Medical Certification or Report on:
such evidence is repulsive or offensive to i. Medical examination
sensibilities, it may be presented. This will ii. Physical examination
depend on the sound discretion of the court. iii. Necropsy/ autopsy
iv. Laboratory
2. Testimonial Evidence – a physician may be v. Exhumation
commanded to appear before a court to give his vi. Birth
testimony. His testimony must be given orally vii. Death
and under oath or affirmation. b. Medical Expert Opinion
c. Deposition
A physician may be presented in court as an
ordinary witness and/or as an expert witness: 5. Physical Evidence – these are articles and
materials which are found in connection with the
ORDINARY WITNESS EXPERT WITNESS investigation and which aid in establishing the
A physician who A physician on identity of the perpetrator or the circumstances
testifies in court on account of his training under which the crime was committed, or in
matters perceived from and experience can general assist in the prosecution of a criminal.
his patient in the course give his opinion on a
of physician-patient set of medical facts. Criminalistics - is the identification, collection,
relationship. He can deduce or preservation and mode of presentation of
infer something, physical evidence. It is the application of
(Sec. 20, Rule 130, determine the cause sciences such as physics, chemistry, medicine
Rules of Court) of death, or render and other biological sciences in crime detection
opinion pertinent to and investigation.
Exception: Privilege of the issue and medical
Communication nature. Type of Physical Evidences:
between physician and
patient. (Sec. 48-49, Rule a. Corpus Delicti Evidence – objects or
130) substances which may be a part of the
(Sec. 24 c, Rule 130) body of the crime.
The probative value of b. Associative Evidence- these are
the expert medical physical evidence which link a suspect
testimony depends to the crime.
upon the degree of c. Tracing Evidence- these are physical
learning and evidence which may assist the
experience on the line investigator in locating the suspect.
of what the medical
expert is testifying, the PRESERVATION OF EVIDENCE
basis and logic of his
The physical evidence recovered during medico-legal
conclusion, and other
investigation must be preserved to maintain their value
evidences tending to
when presented as exhibits in court.
show the veracity or
falsity of his Methods of Preserving Evidence
testimony.
1. Photographs, audio and/or video tape, micro-
film, Photostat, Xerox, voice tracing, etc.
3. Experimental Evidence – A medical witness 2. Sketching- rough drawing of the scene or object
may be allowed by the court to confirm his to be preserve is done. It must be simple,
allegation or as a corroborated proof to an identifying significant items and with exact
opinion he previously stated. measurement.
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Kinds of Sketch:  The preservation is co-terminus with

the life of the witness.
Rough Sketch- made at the crime scene or  Human mind can easily be subjected to
during examination of living or dead body. too many extraneous factors that may
cause distortion of the truth.
Finished Sketch- sketch prepared from the rough
sketch for court presentation. 6. Special Methods- Special way of treating certain
type of evidence may be necessary. Preservation
Essential Elements to be Included in a may be essential from the time it is recovered to
Sketch: make the condition unchanged up to the period it
reaches the criminal laboratory for appropriate
a. Measurement must be accurate; examination.
b. Compass direction must always be
indicated to facilitate proper orientation Special Ways of Preservation:
in the case of crime scene;
c. Essential item which has a bearing in a. Whole human body- embalming.
the investigation must be included; b. Soft tissues (skin, muscles, visceral
d. Scale and proportion must be stated by organs) – 10% formalin solution.
mere estimation; c. Blood- refrigeration, sealed bottle
e. There must be a title and legend to tell container, addition of chemical
what it is and the meaning of certain preservatives.
marks indicated therein. d. Stains (blood, semen) – drying, placing
in sealed container.
3. Description- putting into words the person or e. Poison- sealed container.
thing to be preserved. It must cause a vivid
impression on the mind of the reader, a true CHAPTER II
picture of the thing described. DECEPTION DETECTION
Minimum Standard Requirements which must be Methods of deception detection used by law
satisfied in the description of the person or thing enforcement agencies:
to make it complete: 1. Devices which record the psycho-physiological response
a. Polygraph or lie detector machine – records
a. Skin Lesion physiological changes that occur in association with
b. Penetrating wound lying in a polygraph.
c. Hymenal Laceration
d. Person Phases of Examination
i. Pre-test interview
4. Manikin Method- miniature model of a scene or ii. Actual interrogation and recording through the
of a human body indicating marks of a various instrument
aspects of the things to be preserved.
5. Preservation in the Mind of the Witness Standard test questions:
1. Irrelevant questions – no bearing to the case
Drawbacks of preserving evidence in the mind of under investigation (ex: age, citizenship,
the witness: occupation, etc).
2. Relevant questions – pertaining to the issue
 The capacity of a person to remember under investigation (ex: Did you shoot to death
time, place and event may be Mr. X?).
destroyed or modified by the length of 3. Control questions – unrelated to the matter
time, age of the witness, confusion with under investigation but are of similar nature
other evidence, trauma or disease, although less serious as compared to those
thereby making the recollection not relevant questions (ex: Have you ever used a
reliable; gun?).
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iii. Post-test interrogation a. Truth serum – In the test, hyoscine hydrobromide is

given hypodermically in repeated doses until a state of
Supplementary tests: delirium is induced. When the proper point is reached,
i. Peak-of-tension test – may be given if subject is the questioning begins and the subject feels a
not yet informed of the details of the offense for compulsion to answer the questions truthfully.
which he is being interrogated by the investigator. b. Narcoanalysis or narcosynthesis – practically the
ii. Guilt complex test – applied when the response same as that of administration of truth serum. The
to relevant and control questions are similar in only difference is the drug used. Psychiatric sodium
degree and consistency in a way that the amytal or sodium penthotal is administered to the
examiner cannot determine whether the subject is subject.
telling the truth or not. c. Intoxication – the apparent stimulation effect of
iii. Silent answer test – conducted in the same alcohol is really the result of the control mechanism of
manner as when relevant, irrelevant and control the brain, so alcohol, like truth serum, and
questions are asked, but the subject is instructed narcoanalytic drugs ―inhibit the inhibitor‖. (In vino
to answer the questions silently, to himself, without veritas – in wine there is truth)
making any verbal response.
3. Hypnotism – the alteration of consciousness and
Factors responsible for the 25% errors of the lie concentration in which the subject manifests a
detector: heightened of suggestibility while awareness is
1. Nervousness or extreme emotional tension maintained.
experienced by a subject who is telling the truth
regarding the offense in question 4. By observation
2. Physiological abnormalities Physiological and psychological signs and symptoms of
3. Mental abnormalities guilt:
4. Unresponsiveness in a living or guilty subject a. Sweating – if accompanied with a flushed face
5. Attempt to ―beat the machine‖ by controlled indicate anger, embarrassment or extreme
breathing or by muscular flexing nervousness. If with a pallid face, may indicate shock
6. Unobserved application of muscular pressure which or fear. Sweating hands indicate tension.
produces ambiguities and misleading indications in b. Color change – flushed face may indicate anger,
the blood pressure tracing embarrassment or shame. Pale face is sign of guilt.
c. Dryness of the mouth – nervous tension causes
b. Word association test – A list of stimulus and non- dryness of the mouth which causes continuous
stimulus words are read to the subject who is swallowing and licking of the lips.
instructed to answer as quickly as possible. The time d. Excessive activity of the Adam’s apple – on
interval between the words uttered by the examiner account of dryness of the throat, subject will swallow
and the answer of the subject is recorded. The test is saliva which causes frequent upward and downward
not concerned with the answer, be it a ―yes‖ or ―no‖. movement of the Adam’s apple.
The important factor is the time of response in relation e. Fidgeting – constantly moving about in the chair,
to the stimulus or non-stimulus words. pulling his ears, rubbing his face, picking and tweaking
the nose, etc. Indicative of nervous tension.
c. Psychological stress evaluator (PSE) – detects, f. ―Peculiar feeling inside‖ – there is a sensation of
measures, and graphically displays the voice lightness of the head and the subject is confused.
modulations that we cannot hear. When a person Result of troubled conscience.
speaks, there are audible voice frequencies, and g. Swearing to the truthfulness of his assertion – ―I
superimposed on these are the inaudible frequency swear to God I am telling the truth‖
modulations which are products of minute oscillation h. ―Spotless past record‖ – subject may assert that it is
of the muscles of the voice mechanism. Such not possible for him to do ―anything like that‖
oscillations of the muscles or microtremor occur at the inasmuch as he is a religious man and that he has a
rate of 8 to 14 cycles per second and controlled by the spotless record.
central nervous system. i. Inability to look at the investigator “straight in the
eye” – because of fear that his guilt may be seen in
2. Use of drugs that try to ―inhibit the inhibitor‖ his eyes.
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j. “Not that I remember” expression – resort to this e. The subject is given the opportunity to make a
expression to avoid committing something prejudicial lengthy, time-consuming narration.
to him.
6. Confession – an expressed acknowledgment by the
5. Scientific interrogation – the questioning of a person accused in a criminal case of the truth of his guilt as to
suspected of having committed an offense or of persons the crime charged, or of some essentials thereof.
who are reluctant to make a full disclosure of information
in his possession which is pertinent to the investigation. Requirement for the Admissibility of Evidence Obtained
Through Interrogation
Suspect – person whose guilt is considered on
reasonable ground  Custodial Investigation and Self-Incrimination
(1987 Constitution)
Witness – person other than the suspect who is  Miranda v. Arizona (Miranda Rights)- safeguards
requested to give information were established for the interrogation of
suspected persons.
Different types of criminal offenders
a. Based on behavioral attitude: Some Techniques of Interrogation
i. Active aggressive offenders – commit crimes in
an impulsive manner  Emotional Appeal- The interrogator creates a
ii. Passive inadequate offenders – commit crimes mood that is conducive to confession. He may be
because of inducement, promise or reward. sympathetic or friendly to the subject.
b. Based on the state of mind  Mutt and Jeff Technique- One interrogator (Mutt)
i. Rational offenders – commit crime with motive or is arrogant and relentless; he knows the subject
intention to be guilty. The other (Jeff) is friendly,
ii. Irrational offenders – commit crime without sympathetic, and kind. When Mutt is not present,
knowing the nature and quality of his act. Jeff will advise the subject to make a quick
c. Based on proficiency decision and plea for cooperation.
i. Ordinary offenders – engaged in crimes which  Bluff on Split-Pair Technique- Applicable where
require limited skill there are two or more persons who allegedly
ii. Professional offenders – commit crimes which participated on the commission of a crime. All of
require special skills rather than violence. them are interrogated separately and the
d. Psychological classification interrogator may claim that the subject was
i. Emotional offenders – commit crimes in the heat implicated by the author and that there is no use
of passion, anger, or revenge. for him to deny participation.
ii. Non-emotional offenders – commit crimes for  Stern Approach- Immediate and clear response
financial gain and are usually recidivist or from the subject is demanded and the
repeaters. interrogator uses harsh language.
 The subject is given the opportunity to make a
Techniques of Interrogation lengthy, time-consuming narration.
a. Emotional appeal – interrogator must create a mood
that is conducive to confession Basis of Interrogator’s Inference that the Subject is not
b. Mutt and Jeff technique – there must be at least 2 Telling the Truth
investigators with opposite character; one (Mutt) who
is arrogant and relentless, and the other (Jeff) who is  The statements have many improbabilities and
friendly, sympathetic and kind. gaps on its substantial parts.
c. Bluff on split-pair technique – applicable where  The statements are inconsistent with the material
there are two or more persons who allegedly facts.
participated in the commission of a crime. While one  The statements are incoherent.
of them is interrogated, the interrogator may claim that
the subject was implicated by the author and that Confession
there is no use for him to deny participation.
d. Stern approach – questions must be answered
clearly, and the interrogator utilizes harsh language.
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 Is an expressed acknowledgement by the authorized by the regulation, or (2) by

accused of the truth of his guilt as to the crime inflicting such punishment in a cruel
charged, or of some essentials thereof. and humiliating manner; or by
 Confession is a statement of guilt while maltreating to extort a confession or
admission is usually a statement of fact by the obtain information.
accused which does not directly involve an  Tokyo Declaration- provides guidelines to be
acknowledgment of guilt. observed by physicians concerning torture and
other inhuman treatment
Kinds of Confession o The doctor shall not countenance,
condone, or participate in the practice
 Extra-judicial Confession- is a confession made of torture or other forms of inhuman
outside of the court prior to the trial of the case. procedures
o Under the Rules of Court, extra-judicial o The doctor shall not provide premises,
confession is not a sufficient ground for instruments, substances, or knowledge
conviction unless corroborated by to facilitate such in practices
evidence of corpus delicti. o The doctor shall not be present during
o Extra-judicial confession may be: any procedure during which inhuman
 Voluntary- the accused treatment is used or threatened
speaks on his free will and o A doctor must have complete clinical
accord, without inducement independence in deciding upon the
of any kind, and with full and care of a person for whom he is
complete knowledge of the medically responsible
nature and consequence of o Where the prisoner refuses
the confession. nourishment and is considered by the
 Involuntary- obtained through doctor as capable of forming an
force, threat, intimidation, unimpaired and rational judgment
duress, or anything concerning the consequences of such
influencing the voluntary act voluntary refusal of nourishment (as
of the confessor. Such are confirmed by at least one other
inadmissible in evidence. independent doctor), he or she shall
 Judicial Confession- is the confession of an not be fed artificially. Such
accused in court. It is conclusive upon the court consequences of the refusal of
and may be considered to be a mitigating nourishment shall be explained by the
circumstance. doctor to the prisoner
o Under the Rules of Court, admissions o The World Medical Association will
made by the parties in the pleadings, or support and encourage the
in the course of the trial or other international community, the national
proceedings do not require proof and medical associations, and fellow
cannot be contradicted unless doctors, to support the doctor as
previously shown to have been made his/her family in the face of threats or
through palpable mistake. reprisals resulting from refusal to
condone the use of torture and
Maltreatment of Prisoners inhuman treatment.
 Elements (Art. 235, RPC) CHAPTER III
o The offender is a public officer or MEDICO-LEGAL ASPECTS OF IDENTIFICATION
employee
o The offender has under his charge a Identification is the determination of the individuality of a
convicted or detention prisoner person or thing.
o The offender maltreats the prisoner by Importance of Identification
overdoing in the correction and
handling of the prisoner by the (1)
imposition of punishment not
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 To establish the identity of the offender and that  Those which are based on scientific knowledge-
of the victim in the prosecution of the criminal made by trained men, well-seasoned by
offense. experience and observation
 To identify a person missing or presumed dead in
order to facilitate the settlement of the estate, Ordinary Methods of Identification
retirement, insurance, and other social benefits.
 Identification resolves the anxiety of the next-of-  Points of Identification Applicable to Living
kin, other relatives and friends as to the Persons Only
whereabouts of a missing person or victim of o Characteristics which may easily be
calamity or criminal act. changed
 Identification may be needed in some  Growth of hair, beard or
transactions like cashing of check, entering a mustache
premise, sale of property, release of dead bodies  Clothing- a person may have
to relatives, parties to a contract, etc.. a special preference for
certain form, texture or style
Rules in Personal Identification  Frequent place of visit- A
person’s special desire or
 Law of Multiplicity of Evidence in Identification- habit to be in a place if he
the greater the number of points of similarities has the opportunity to do so
and dissimilarities of two persons compared, the  Grade of profession- e.g. a
greater is the probability for the conclusion to be mechanic may be recognized
correct. by his tools, a clergy man by
 The value of the different points of identification his robe, or a nurse by her
varies in the formulation of conclusion (e.g. visual cap
recognition by relative or friends may be of lesser  Body ornamentations-
value as compared with fingerprints or dental earrings, necklaces, rings,
comparison). pins, etc. Usually worn by
 The longer the interval between the death and persons
the examination of the remains, the greater is the o Characteristics that may not be easily
need for experts in establishing identity. changed
 It is necessary for the team to act in the shortest  Mental memory- a
possible time specially in cases of mass disaster. recollection of time, place,
 There is no rigid rule to be observed in the and events.
procedure of identification of persons.  Speech- a person may
stammer, stutter, or lisp;
Methods of Identification manner of talking and quality
of the voice.
 By comparison-Identification criteria recovered  Gait- a person, on account of
during investigation are compared with records disease or some inborn traits,
available in the file. may show a characteristic
 By exclusion- If two or more persons have to be manner of walking.
identified and all but one is not yet identified, then  Mannerism- stereotype
the one whose identity has not been established movement or habit peculiar
may be known by the process of elimination. to an individual. (E.g. way of
sitting, movement of hand,
Identification of Persons movement of body,
movement of facial muscles,
Classification of the Bases of Human Identification manner of leaning, etc.)
 Hands and feet- Size, shape,
 Those which laymen use to prove identity- no and abnormalities.
special training or skill required  Foot or hand
impression-
develops when a
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foot or hand is  Negro- Thick lips

pressed on and prominent
mouldable eyes
materials like mud,  Shape of the skull
clay, cement  Caucasian-
mixture, or other Elongated skull
semi-solid mass.  Malayan- Round
 Footprint or head apparel
handprint- a  Mongolian- Round
footmark or head
handmark on a  Red Indians and
hard base Eskimos- Flat head
contaminated or  Wearing Apparel- Casual and
smeared with customary wearing may
foreign matters like indicate race as well as
dust, floor, blood, religion, nationality, region,
etc. and custom.
 Complexion o Stature- change in height; rate of
 Changes in the eyes- near- growth
sightedness, far-sightedness, o Tattoo marks- introduction of coloring
state of being color blind, etc. pigments in the layers of the skin by
 Facies- different kinds of multiple puncture.
facial expressions brought o Weight- not a good point of
about by disease or racial identification for it is easily changed
influence. from time to time.
 Left- or right-handedness o Deformities- may be congenital or
 Degree of nutrition- in acquired
relation to height and age. o Birth marks
o Injuries leaving permanent results- e.g.
 Points of Identification Applicable to Both Living amputation, improper union of fractured
and Dead before Onset of Decomposition bones
o Occupational marks- certain o Moles
occupations may result in some o Scar- a remaining mark after healing of
characteristic marks or identifying the wound.
guide  Age of scar
o Race  Recently formed-
 Color of the skin slightly elevated,
 Caucasian-Fair reddish or bluish in
 Malayan-Brown color, and tender to
 Mongolian-Fair touch
 Negro- Black  Few weeks to two
 Feature of the face months- scar has
 Caucasian- inflammatory
Prominent sharp redness, and it is
nose soft and sensitive
 Malayan- Flat nose  Two to six months-
with round face brownish or
 Mongolian- Almond coppery red, free
eyes and from contraction
prominent cheek and corrugation,
bone and soft
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 Six months or 3. Waering apparel

more- scar is white, 4. Foreign bodies
glistening, 5. Identification by close friends and relatives
contracted, and 6. Identification record
tough 7. Photographs
Anthropometry (Bertillon System)

- scheme utilizing anthropometrical measurement of the II. SCIENTIFIC METHODS OF IDENTIFICATION
human body as the basis of identification A. Fingerprinting
B. Dental identication
Basis C. Handwriting
1. The human skeleton is unchangeable after D. Identification of skeleton
twentieth year. E. Determination of sex
2. It is impossible to find two human beings having F. Determination of Age
bones exactly alike. G. Identification of Blood
3. The necessary measurement can easily be H. Identification of Hair and Fibers
taken.
A. Fingerprinting
Information included - considered to be the most valuable method of
1. Descriptive Data - color of hair, eyes Identification
2. Body marks - moles, scars - the finger may be wounded or burned, but the whole
3. Anthropometrical measurements pattern with all its details will reappear when the
A. Body measurement wound heals
B. Measurement of head 1. There is no two identical fingerprints
C. Measurement of the limbs 2. Fingerprints are not changeable
Portrait Parle (spoken picture) Practical uses

- verbal, accurate and picturesque description of 1. Help establish identity in cases of dead bodies
the person identified. Such information may be 2. Prints recoveres from crime scene associate person
given bybthe witness, relatives, or persons who 3. Prints on file are useful for comparative purposes
ate acquainted with the physical features of the 4. Among illiterates, right thumbprint is recognized as
person to be identified substitute for signature.
1. General impression
2. Age, sex Dactylography is the art and study of recording
3. Race or color fingerprints as a means of identification
4. Height
5. Weight Dactyloscopy is the art of identification by comparison of
6. Built fingerprints
7. Posture
8. Head Poroscopy is the study of the pores found on the
9. Hair pappillary or friction ridges of the skin
10. Face
11. Neck Merhods of Producing Impression
12. Shoulder 1. Plain method - bulbs of the last phalanges of the
13. Wrist fingers and thumb are pressed on
14. Hands the surface of the paper after
15. Fingers pressing them on ink
16. Arms 2. Rolled method - bulbs of the thumb and other fingers
17. Feet are rolled on the surface of the
paper after being rolled on an ink
Extrinsic Factors in Identification pad
1. Ornamentation
2. Personal belongings Kinds of Impression
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1. Real impression - impression of the finger bulbs with 2. The enamel of the teeth is the hardest substance
the use of printing ink on the in the body. It may outlast all other tissues.
surface of the paper 3. After death, the greater the degree of tissue
2. Chance impression - impresses by mere chance deatruction, the greater is importance of the
without any intention to produce it dental characteristic.
4. The more recent the ante-mortem records of the
How to Get Fingerprint Impressions on Dead Bodies person to be identified, the more reliable is the
- In case of fresh bodies, the fingers are comparative or exclusionary mode of
uncleanched and each one is inked individually identification that can be done.
with the aid of small rubber roller.
- If the "floater" has been in the body if water for a Causes of Unreliability of the Dental Records
longer time and the friction ridges have 1. The dentist may only concern himself with the
disappeared, the skin of the fingertips is cut affected teeth and may not care to have a
away. This area of the skin is placed in a small detailed examination of the other teeth.
labelled test tube containing formaldehyde 2. No uniformity in nomenclature in the charting of
solution. teeth
3. Although there may be a law obligating dentists
Types of Fingerprint Patterns to have a record of their patient, the law does not
1. Arches - the ridgea go from one side of the mention the agency which will enforce it
pattern to another, never turning back to make a 4. Changes in the teeth which are not seen by the
loop dentist
A. Plain arches
B. Tented arches C. HANDWRITING
- The handwriting of a person may be proved by a
2. Loops - one or more ridges enter on either side, witness who believes it to be the handwiting of
recurves and terminate on the same side from such person, and has seen the person write, or
which it entered has seen writing purporting to be his upon which
A. Ulnar loop the witness has acted or been charged, and has
B. Radial loop thus acquired knowledge of the handwriting of
such person.
3. Whorls - patterns with two deltas and patterns
too irregular in form to classify The genuineness of any disputed writing may be
A. Simple whorl proven by any of the following ways
B. Central pocket loop 1. Acknowledgement of the alleged writer
C. Lateral pocket loop 2. Statement of the witness who saw the writing
D. Twin loop 3. Opinion of persons who are familiar with the
E. Accidentals handwriting of the alleged writer
4. Opinion of an expert
Q: Can fingerprints be effaced?
A: No, as long as the dermis of the bulbs of the finger is not Practical Uses of Handwriting Examination
completely destroyed, the fingerprints will always 1. Financial crime
remain unchanged and indestructible. 2. Death inveatigation
3. Robberies
Q: Can fingerprints be forged? 4. Kidnapping with ransom
A: There is considerable controversy as various 5. Anonymous threatening letters
experiments could almost make an accurate 6. Falsification of documents
reproduction, still there is no case in record known or
have been written. Bibliotics - science of handwriting analysis
B. DENTAL IDENTIFICATION Graphology - study of handwriting for the purpose of

1. The possibility of two persons to have the same determining the writer's personality,
dentition is quite remote. character and aptitude.
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Handwriting - complex interaction of nerves c. Logwood ink

d. Carbon ink
Writing - conscious act, but on the account of repeated act e. Ballpoint ink
it becomes habitual and unconscious
CHAPTER III
Movements in Writing MEDICO-LEGAL ASPECTS OF IDENTIFICATION
1. Finger movement- letters are made entirely by
the action of the thumb, the pointing and middle Instruments Necessary in Questioned Document
fingers Examination:
2. Hand movement – letters are produced by the
action of the hand as a whole with the wrist as 1. Photographic instruments- to view the writing in
the center of action sufficient magnification for detail examination and
3. Arm movement – movement in writing is made preparation of evidence for presentation
by the hand and arm supported with the elbow at 2. Magnifying lend and stereoscopic binocular
the center of later swing microscope- to determine unusual appearances of
4. Whole arm movement – action is produced by writing. Obliterations, erasures and alterations may be
the entire arm without any rest more visible
3. UV lamp and infra red radiation- to mae visible the
chemical erasures
4. Measuring caliper
The Form, Style and Characteristics of the Handwriting 5. Good lighting facilities
of a Person are Basically Determined By:
Purpose of Handwriting Examination
Primary Factors
1. Survival of the letters are formed when a person 1. Whether the document was written by the suspect
begins to write 2. Whether the document was written by the person
2. Inclusion of some characteristics due to whose signature it bears
admiration of a peculiar design in writing 3. Whether the writing contains additions or deletions
3. Identifying characteristics may be the result of 4. Whether the document such as bills, receipts, suicide
the great volume of writing done notes or checks are genuine or a forgery
4. The presence or absence of physical
abnormalities or defects originating from illness, Points to Consider in Questioned Document Examination
injury, psychological variations and other similar
conditions  Slant, spacing, size, proportion of the letters, speed
and rhythm in writing, shading, pen strokes
Secondary Factors  The greater the variation in the way of writing, the
1. Position of writer greater the amount of standard of writing needed to
2. Temporary physical or psychological disturbance form a reliable impression
3. Other external temporary variables
4. Physical and chemical factors  To determine whether a certain instrument or
A. Writing instrument document has been written by a certain person,
a. Ballpen compare the writings with some standard of writings of
b. Fountain pen the same person
c. Steel pen o Two Types of Standard Writings:
d. Pencil  Collected Standards: handwriting
B. Paper by the person who is suspected to
a. Color have written the questioned
b. Surface appearance document; may be found in the
c. Watermarks private or public records of the
d. Weight and thickness persons
C. Ink  Requested Standard: standards
a. Iron gallotannate ink made by the alleged writer upon
b. Washable ink request of the examiner; usually
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applicable only to recently written 7. Length of interment or length from the time of death
documents May be determined by the nature and presence of soft
tissues and the degree of erosion of the bones.
Disguised writing Ordinarily, all the soft tissues in a grave disappear
within a year.
The deliberate attempt on the part of the writer to alter his 8. Presence or absence of ante or post mortem injuries
writing habit to invent a new writing style of by imitating the 9. Congenital deformities and acquired injuries on the
writing of another person. hard tissues causing permanent deformities
 Done by changing the direction of the slant,
changing the speed in writing, deliberate (pp. 86-102)
carelessness
Procedure of the Test
Signature forgery
Two Methods may be utilized and both should be
Signature forgery examination is the most common activity employed in the examination:
of a questioned document examiner
1. Detection of Agglutinins
Classifications of Signature Forgery 2. Detection of Agglutinogens
1. Traced forgery: the outlining of a genuine signature
from one document onto another Value of the Test
2. Simulated forgery: an attempt to copy in freehand
 It may solve disputed parentage (maternity or paternity).
manner the characteristics of a genuine signature
 Positive result - not conclusive that the one in question is
either from the memory of the signature or from as
the offspring
model.
3. Spurious forgery: one prepared primarily in the  Negative result - conclusive that he is not the child of the
forger’s own handwriting wherein little or no attempt alleged parents. Grouping is true not only with blood but
has been made to copy the characteristics of the also with other body fluids like saliva, vaginal secretion,
genuine writing seminal fluid, milk, urine and others
INHERITANCE PATTERNS OF ABO BLOOD GROUPS

Typewriter Identification
Group of Group of Exclusion
The identification of the typing machine used in a Parents Children Cases
questioned document
OxO O A, B, AB
OxA O, A B, AB
IDENTIFICATION OF THE SKELETON
OxB O, B A, AB
In the examination of bones, the following points can be AxA O, A B, AB
determined: AxB O, A, B, AB
1. Whether the remains are of human origin or not: BxB O, B A, AB
Study the shape, size, and general nature of the O x AB A, B O, AB
remains, especially that of the skull A x AB A, B, AB O
2. Whether the remains belong to a single person or not: B x AB A, B, AB O
Any plurality or excess of the bones after a complete AB x AB A, B, AB O
lay out denotes that the remains belong to more than
one person
3. Height Different Characteristics of Blood from Different Sources:
4. Sex:
Study the pelvis, skull, sternum, femur and humerus 1. Arterial Blood – bright scarlet in color, leaves the blood
5. Race vessel with pressure, high oxygen contents
6. Age: 2. Venous Blood – dark red in color, does not spill far
Determined by the appearance of ossification centers from the wound, low oxygen content
and union of bones and epiphyses, dental 3. Menstrual Blood – does not clot, acidic in reaction
identification, and obliteration of cranial structures owing to mixture with vaginal mucous, on
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microscopic examination, there are vaginal epithelial same degree as

cells, contains large number of Deoderlein’s bacillus. human’s
4. Man’s or Woman’s Blood- no method of Note: Medullary index (I) is the relation between the
differentiating man and woman’s blood diameter of the medulla and the diameter of the whole hair.
5. Child’s Blood- at birth, it is thin and soft compared The hair and fiber may be examined microscopically in its
with that of adult, red blood cells are nucleated and cross-section and longitudinal aspect.Comparative study
exhibit greater fragility, red blood cells count more must be made to show similarity of the hair and fiber.
than in adult.
Other Points in the Identification of Hair:
Identification of Hairs and Fibers 1. Characteristics of the hair:
Hair on body surfaces is fine while those from the beard,
1. Addition of a substance that will coat the outer mustache and scalp are very thick.
surface of the hair so as to impart a different Hair from the eyebrows and lashes is tapering gradually to
color. finepoints.
Ex.: Salts of bismuth, lead, silver and pyrogallic
acid 2. Length of the Hair:
Hair from the scalp grows 2.5 cms. a month.
2. Addition of substances which bleach or Beard hair grows at the rate of 0.4 millimeter a day.
change the natural color of the fiber or 3. Color of the hair:
hair.  May be black, blonde or brunette.
Ex.: Hydrogen peroxide, chlorine and
 Hair from older persons may be white or gray.
diluted nitric acid
 The hair may be artificially colored by bismuth, lead or
silver salts.
Distinctions between Human and Animal Hair:
 It may be bleached by addition of hydrogen peroxide,
Human Animal chlorine or diluted hydrochloric or nitric acid.
Medulla Air network in fine Air network in
grains forms of large Male or a Female Hair
and small In many instances it is quite impossible to state the sex
sacks. from the hair, but certain points may be worthy of mention:
Cells invisible without  Hair on the scalp of male is shorter, thicker and more
treatment in water Cells easily wiry than that of female's.
visible  Eyebrow hair of a male is generally long and more wiry
Value of I lower than than that of a female's.
0.3
Value of I higher Estimation of Age Based on the Hair:
Fuzz without medulla than 0.5  Hair of children is fine, short, and deficient of pigments
and, as a rule, devoid of medulla.
Fuzz with  At the adolescent age, hair may appear at the pubis.
medulla Hair on the scalp becomes long, wiry, and thick.
Cortex Looks like a thick muff Looks like a  In the case of older persons, the color is usually white
fairly thin hollow or gray, with marked absorption of pigments and
Pigments in the form cylinder degenerative changes
of fine grains Pigments in the
form of irregular CHAPTER IV
grains larger MEDICO-LEGAL ASPECTS OF DEATH
than that of
human’s Importance of Death Determination
1. The civil personality of a natural person is extinguished
Cuticle Thin scales not Thick scales by death;
protruding, covering protruding, do 2. The property of a person is transmitted to his heirs at
one another to about not cover one the time of death;
4/5 another the
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3. The death of the partner is one of the causes of Death will have occurred when these conditions first
dissolution of partnership agreement; coincide. (Section 1, Chapter 378 of Kansas Statute)
4. The death of either the principal or the agent is a mode
of extinguishment of agency; Brain Death
5. The criminal liability of a person is extinguished by 1. According to Harvard Report of 1968, the following are
death; the characteristics of ―irreversible coma‖:
6. The civil case for claims which does not survive is
dismissed upon the death of the defendant. a. Unreceptivity and Unresponsibility
 There is a total unawareness to externally applied
Death stimuli and inner need and complete unresponsiveness
 is the termination of life.
 it is the complete cessation of all the vital functions b. No movements or breathing
without possibility of resuscitation.  Observation covering a period of at least l hour by
 it is an irreversible loss of the properties of living matter. physicians is adequate to satisfy the criteria
 an event that takes place at a precise time.
 the ascertainment of death is a clinical and not a legal c. No reflexes
problem. Irreversible coma with abolition of central-nervous
system activity is evidenced in part by the absence of
Based on the Criterion Used in its Determination, death elicitable reflexes.
may be:  The pupil will be fixed and dilated and will not respond to
1. Brain Death a direct source of bright light.
 Death occurs when there is deep irreversible coma,  Ocular movement (to head turning and to irrigation of the
absence of electrical brain activity and complete ears with ice water) and blinking are absent.
cessation of all the vital functions without possibility of  There is no evidence of postural activity (decerebrate or
resuscitation. other).
 Swallowing, yawning, vocalization are in abeyance.
2. Cardio-Respiratory Death  Corneal and pharyngeal reflexes are absent.
 Death occurs when there is a continuous and persistent  As a rule, the stretch or tendon reflexes cannot be
cessation of heart action and respiration. elicited, i.e. tapping the tendons of the biceps, triceps
 It is a condition in which the physician and the and pronator muscles, quadriceps and gastrocnemius
members of the family pronounced a person to be dead muscles with the reflex hammer elicits no contraction of
based on the common sense or intuition the respective muscles.
 Plantar or noxious stimulation gives no response.
3. Brain and Cardio-Respiratory Death
A person will be considered medically and legally dead if in d. Flat electro-encephalogram
the opinion of a physician based on ordinary standards of  Of great confirmatory value is the flat or iso-electric
medical practice, there is: E.E.G. assuming that the electrodes have been properly
 absence of spontaneous respiratory and cardiac applied, that the apparatus is functioning normally, and
function, and because of the disease or condition which that the personnel in charge are competent.
caused, directly or indirectly, these functions to cease,
or because of the passage of time since these functions Note: All of these tests shall be repeated at least 24
ceased, attempts at resuscitation are considered hours later with no change. It is emphasized that the
hopeless; patient be declared dead before any effort is made to
 absence of spontaneous brain function and if based on take him off the respirator, if he is then on respirator.
ordinary standards of medical practice during
reasonable attempts to either maintain or restore 2. In 1969, the Ad Hoc Committee of Human Transplantation
spontaneous circulatory or respiratory function in the convened under the auspices of the Institute of Forensic
absence of aforesaid brain function, it appears that Sciences, Duquesne University School of Law adopted the
further attempts at resuscitation or supportive proposed criteriafor the determinationof death otherwise
maintenance will not succeed. known as
Philadelphia Protocol, and the following were considered:
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a. Lack of responsiveness to internal and external A. KINDS OF DEATH

environment; 1. SOMATIC DEATH OR CLINICAL DEATH
b. Absence of spontaneous breathing movements for 3  state of the body in which there is complete, persistent and
minutes, in the absence of hypocarbia and while breathing continuous cessation of the vital functions of the brain,
room air. heart and lungs which maintain life and death;
c. No muscular movements with generalized  hardly impossible to determine the exact time of death;
flaccidity and no evidence of postural activity or shivering;  immediately after death,
- the face and lips become pale
d. Reflexes and response: - the muscles become flaccid
d.1. Pupils fixed and dilated, non-reactive to strong - the sphincters are relax
stimuli; - the lower jaw tends to drop
d.2. Corneal reflexes absent; - the eyelids remain open
d.3. Supra-orbital or other pressure - pupils dilate
response absent (both pain response - skin loses its elasticity
and decerebrate posturing); - body fluids tend to gravitate to the most
d.4. Absence of snucking or snouting dependent portions of the body
response; - body heat gradually assumes the
d.5. No reflex response to upper airway temperature of the surroundings
stimulation;
d.6. No reflex response to lower airway 2. MOLECULAR OR CELLULAR DEATH
stimulation;  After cessation of the vital functions, there is still animal life
d.7. No ocular response to ice water among individual cells.
stimulation of the inner ear;  About 3-6 hours later, there is death of individual cells
d.8. No deep tendon reflexes; known as molecular or cellular death
d.9. No superficial reflexes;  Exact occurrence cannot be definitely determined due to
d.10. No plantar responses. several factors
e. Falling arterial pressure without support by drugs or 3. APPARENT DEATH OR STATE OF SUSPENDED
other means. ANIMATION
f. Iso-electric electro-encephalogram (in the absence of  This condition is not really death but merely a transient loss
hypothermia, anesthetic agents and drugs intoxication) of the vital functions of the body on account of disease,
recorded spontaneously and during auditory and tactile external stimulus or other forms of influence.
stimulation.
 It may arise especially hysteria, uremia, catalepsy and
electric shock
It is further laid down that these criteria shall have been
present for at least 2 hours and that death should be
B. SIGNS OF DEATH
certified by two physicians other than the physician of a
potential organ recipient.
1. CESSATION OF HEART ACTION AND CIRCULATION
 There must be continuous cessation of the heart action and
Other Set of criteria to Establish Brain Death:
the flow of blood in the whole vascular system
1. Mohandas and Chou (1971) – standards of Brain Death
accepted at the University of Minnesota Science
Methods of Detecting the Cessation of Heart Action and
Center.
Circulation
a. Examination of the Heart
2. The Ottawa General Hospital (1970) -
a.1. Palpation of the Pulse- may be made at the
guidelines for the criteria of cerebral death.
region of the wrist or at the neck
a.2. Auscultation for the heart sound at the
3. In France (1968) - the Council of Ministers published a
precordial Area - the rhythmic contraction and
decree which adopted the official definition of death on
relaxation of the heart is audible through the
recommendation of the French Academy of Medicine.
stethoscope. Heart sound can be audible
during life even without the aid of a stethoscope by
Note: The use of the criteria of brain death may only be
placing the ear at the precordial area
applied to those persons who are potential organ donors.
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Difficulties in Auscultation may be encountered in:  The fingers are spread wide and the finger webs are
(a) Stout person viewed through a strong light.
(b) Fatty degeneration of the heart.  Living: the finger webs appear red
(c) Pericardial effusion. Dead: yellow
a.3. Flouroscopic Examination- will reveal b.6. Application of Heat on the Shin
the shadow of the heart in its rhythmic contraction and  If heated material is applied on the skin
relaxation. The shadow may be enlarged and the Living: blister formation, congestion, and other vital
excursion made less visible due to reactions of the injured area will be observed.
pericardial effusion. Dead: will not produce true blister, no
sign of congestion, or other vital reactions.
a.4. By the Use of Electrocardiograph
This is the best method of determining heart b.7. Palpation of the Radial Pulse With Fingers
action but quite impractical  Living: will feel the rhythmic pulsation of the vessel due
to the flow of blood.
b. Examination of the Peripheral Circulation: Dead: No such pulsation will be observed
b.1. Magnus’ Test:
 A ligature is applied around the base of a finger with b.8. Dropping of Melted Wax
moderate tightness. Melted sealing wax is dropped on the breast of a person.
 In a living person there appears a bloodless zone at Dead: there will be no inflammatory edema
the site of the application of the ligature and a livid at the neighborhood of the dropped melted
area distal to the ligature. wax.
 If the ligature is applied to the finger of a dead man,
there is no such change in color. 2. CESSATION OF RESPIRATION
 must be continuous and persistent.
b.2. Opening of Small Artery:
 Living: the blood escapes in jerk and at a distance. In the following conditions there may be suspension of
 Dead: the blood vessel is white and there is no respiration without death ensuing:
jerking escape of blood but may only ooze towards a. In a purely voluntary act, as in divers, swimmers, etc. but
the nearby skin. it cannot be longer than two minutes;
 When bigger arteries are cut, blood may flow b. In some peculiar condition of respiration, like Cheyne-
without pressure continuously. Stokes respiration, but the apneic interval cannot be longer
than fifteen to twenty seconds;
b.3. Icard's Test c. In cases of apparent drowning;
 This consists of the injection of a d. Newly-born infants may not breathe for a time after birth
solution of fluorescein subcutaneously. and may commence only after stimulation or
 If circulation is still present, the dye will spread all spontaneously later.
over the body and the whole skin will have a
gleenish-yellow discoloration due to flourescein. INTERNAL HYPOSTASIS IN VISCERAL ORGANS
 This test should be applied only with the use of the
daylight as the color is difficult to be appreciated Post-mortem lividity occurs in internal organs.
with the use of artificial light.
Post Mortem Lividity Simple Congestion
b.4. Pressure on the Fingernails: Staining in organs is Generally uniform and
irregular and occurs in most found all over the body.
 lf pressure is applied on the fingernails
dependent parts.
intermittently, there will be a zone of paleness
at the site of the application of pressure which become Dull and lustreless mucous Not so.
livid on release. membrane
 There will be no such change of color if the test is Imflammatory exudates is Not seen in simple
applied to a dead man. not seen, areas of redness congestion.
alternating with pale areas
b.5. Diaphanous Test found in a hollow viscus.
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3. Liquefaction of the Soft Tissues
Post Mortem Haemorrhage of Phosphorus

Lividity scurvy poisoning Factors Modifying the Rate of Putrefaction
Presence can be Presence can be
revealed in history. revealed in Internal Factors
history. Age
Skin lesion Skin lesion present Skin lesion Condition of the Body
appears after before death present before Cause of Death
death. death
Present in the May be found all May be found all External Factors
most dependent over the skin and over the skin and Free Air
portions of the organs. organs. Earth
body. Water
Clothings
FACTORS INFLUENCING THE CHANGES IN THE BODY

CHANGES IN THE BLOOD:
AFTER BURIAL
Hydrogen Ion Concentration
State of the Body before Death: An emaciated person at
Rise of non-protein nitrogen and free amino-acid
the time of death will decompose slower than a well-
Chemical: Chloride in the plasma, Magnesium as
nourished individual. Skinny persons have more tendency
a result of diffusion, Potassium increases owing to
to decompose.
diffusion.
Time elapsed between death and burial and
AUTOLYTIC OR AUTODIGESTIVE CHANGES AFTER
environment of the body.
DEATH
Effect of Coffin: the use of a coffin will delay
After Death, proteolytic, glycolytic and lipolytic ferments of
decomposition if it is airtight and hard.
glandular tissues continue to act which lead to the
autodigestion of organs. This action is facilitated by weak Clothing and Any other Coverings on the Body when
acid and higher temperature and delayed by the alkaline buried: Clothings retard decomposition because it affords
reaction of the tissues of the body and low temperature. protection from insects and aids adipocere formation.
Their early appearance is observed in the parenchyatous
and glandular tissues. Depth at which Body is buried: the greater the depth the
body is buried the better the preservation.
Condition and type of soil: Dry, arid and sandy soil

PUTREFACTION OF THE BODY promotes mummification.
Putrefaction is the breaking down of the complex proteins Inclusion of something in the Grave which will hasten
into simpler components associated with the evolution of Decomposition
foul smelling gasses and accompanied by the change of
color of the body. Access of Air to the Body after Burial: Air may hasten
evaporation of the body fluid and promotes mummification.
Tissue changes in Putrefaction:
Mass Grave: There is relatively rapid decomposition of the
1. Changes in the color of the tissue bodies
2. Evolution of Gasses in the tissues
Trauma on the Body:
Effects of the Pressure of Gasses of Putrefaction
CHRONOLOGICAL SEQUENCE OF THE
Displacement of Blood, Bloating of the Body, Fluid Coming PUTREFACTIVE CHANGES OCCURING IN
out of both nostrils and mouth, Extrusion of the Fetus in a TEMPERATE REGIONS
gravid uters, floating of the body.
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Greenish Discoloration over the iliac fosae. 1-3 days Face swollen and red. Greenish discoloration 1 – 2 wks
Eyeballs are soft and yielding. on the eyelids, lips, neck and sternum. Skin
Greenish discoloration spreading over the 3-5 days of the hands and feet wrinkled. Upper surface
while abdomen, external genitals and other of brain greenish in color.
parts of the body. Frothy blood from the moth Skin wrinkled. Srotum and penis distended 4 wks
and nostrils. with gas. Nails and hair still intact. Lungs
Abdomen distended with gas. Cornea fallen 8-10 days emphysematous and covered the heart.
in and concave. Purplish red streaks of veins Abdomen distended, skin of hands and feet 6 – 8 wks
prominent on the extremities. Sphincters come off with nails like a glove.
relaxed. Nails firm.
Body greenish-brown. Blisters forming all 14 – 20
over the body. Skin peels off. Features days Factors Influencing the Floating of the Body in Water
unrecognizable. Scrotum distended. Body
swollen up owing to distention. Maggots Age: Bodies of fully-developed and well-nourished newly-
found on the body. Nails and hair loose and born infants float rapidly.
easily detached.
Soft parts changes into a thick, semi-fluid 2-5 mos Sex: Women float sooner than men.
black mass after death
Conditions of the body: Stout persons float quicker.
Season of the Year: The moist hot air of summer is very

CHRONOLOGICAL SEQUENCE OF THE favourable for putrefaction.
PUTREFACTIVE CHANGES OCCURING IN TROPICAL
REGIONS Water: Dead body floats in a shallow and stagnant water of
creeks or pond sooner than in deep water in running
Rigor mortis present all over. Hypostasis well 12 hrs streams.
developed and fixed. Greenish discoloration
showing over the castum. External Influence: the presence of heavy-wearing
Rigor mortis absent all over. Green 24 hrs apparel or addition weight in the pockets or attached to the
discoloration over whole abdomen and body delays floating.
spreading to chest. Abdomen distended with
gasses. Order of putrefaction when body is in water: Face, neck
Ova of flies seen. Trunk bloated. Face 48 hrs. and sternum; shoulders; arms; abdomen; legs.
discoloured. Blisters present. Moving maggots
seen. INFLUENCE OF BACTERIA IN DECOMPOSITION
Whole body grossly swollen and disfigured. 72 hrs
Hair and nails loose. Tissues soft and Decomposition is due to action of bacteria in various
discoloured. tissues of the body. Aerobic activities are present in the
Soft viscera putrefied. 1 wk early stages of decomposition, later on activities of the
Only more resistant viscera distinguishable. 2 wks anaerobes are the most prominent with the production of
Soft tissues largely gone. gasses. Softening of tissues is the result of bacterial action,
Body skeletonised. 1 mo. proteolytic and autolytic ferments.
The microorganism that plays an important role in

decomposition is Clostridium Welchii. It grows in the
CHRONOLOGICAL SEQUENCE OF THE
parenchyatous organs and is responsible for the
PUTREFACTIVE CHANGES WHEN THE BODY HAS
disintegration of cytoplasm, destruction of nuclei and
BEEN SUBMERGED IN WATER
generation of gasses in the cells.
Very little change if water is cold. Rigor mortis 4-5 days
Other destructive agents during decomposition include flies
may persist.
and maggots, reptiles, rodents, other mammals, fishes and
The skin on the hands and feet became 5-7 days crabs, and molds.
sodden and bleached. The face appears
softened and has a faded white color. Special Modification of Putrefaction
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I. Mummification: the dehydration of the whole body approximate time of death may be deduced from the
which results in the shivering and preservation of the amount of food in the stomach in relation to his last meal.
body. Mummification usually happens in warm
countries where evaporation of body fluids takes place Presence of live fleas in the clothing (drowning cases): a
earlier and faster than decomposition. flea can survive for approximately 24hrs submerged in
water. Fleas recovered, usually from the clothing of the
Kinds of mummification: victim, is observed if it still living to approximate the time
when said was submerged in water.
Natural: the body will become dehydrated and mummified
due to the forces of nature. Amount of urine in the bladder: the amount of urine in the
urinary bladder may indicate the time of death when taken
Artificial: (1) acceleration of the evaporation of the tissue into consideration, he was last seen voiding his urine.
fluids of the body before actual onset of decomposition; (2)
addition of preservatives to inhibit decomposition. State of the clothings: a circumstantial proof of the time of
death is the apparel of the deceased
II. Saponification or Adipocere Formation: a condition
wherein the fatty tissues of the body are transformed Chemical changes in the Cerebro-Spinal Fluid
to soft brownish-white substance known as adipocere.
Post-mortem clotting and decoagulation of blood: blood
Factors Influencing Adipocere Formation clots inside the blood vessels in 6-8hrs after death.
State of Health before Death, Time interval between death Presence or absence of soft tissues in skeletal remains:
and burial, effect of a coffin, presence of clothing, type of under ordinary conditions, the soft tissues of the body may
soil, access of air to the body after burial, mass grave. disappear 1-2yrs after burial.
III. Maceration: the softening of the tissues when in a fluid Condition of the Bones: if all the soft tissues have already
medium in the ansence of putrefactive microorganism disappeared from the skeletal remains, the degree of
which is frequently observed in the death of the fetus erosion of the epiphyseal ends of long bones, pulverization
en utero. of flat bones and diminution of weight due to the loss of
animal matter may be the basis of the approximation.
Duration of Death
Presence of Rigor Mortis: in warm countries, rigor mortis

sets in from 2-3 hrs after death. It si fully developed in the PRESUMPTION OF DEATH
body after 12 hrs. It may last from 18 – 36 hrs and its
disappearance is concomitant with the onset of Rule 131 Section 5 Rules of Court
putrefaction.
Article 390 Civil Code
Presence of Post-mortem lividity: usually develops 3-6 hrs
after death. Appears as small petechia-like red spots which  Disputable Presumption: not heard from for 7
later coalesce with each other to involve bigger areas in the years = DEAD
most dependent portions of the body. o Dead for all purposes. EXCEPT:
SUCCESSION
Onset of Decomposition: In tropical areas, decomposition  Absentee shall not be presumed dead for the
is early and the average time is 24-48hrs after death. purpose of opening his succession till after
absence of 10 years.
Stage of Decomposition: the approximate time of death o If he disappeared after 75 years old:
may be inferred from the degree of decomposition. Absence of 5 years SUFFICIENT to
open succession.
Entomology of the Cadaver: to approximate the time of
death, the presence of flies in the cadaver is sometimes Article 391 Civil Code
used.
 Presumed DEAD FOR ALL PURPOSES:
Stage of digestion in the stomach: it normally takes 3-4 hrs
for the stomach to evacuate its contents after a meal. The
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o Lost on board a vessel lost during sea other, shall prove the same; in the absence of proof, it is
voyage, missing airplane, not been presumed that they died at the same time and there shall
heard of for 4 years since loss of be no transmission of rights from one to the other.
vessel or airplane.
o Person in armed forces who has taken CHAPTER VII
part in war, missing for 4 years SPECIAL DEATHS
o Person In danger of death other
circumstances and his existence not I. JUDICIAL DEATH
known 4 years.
METHODS
Article 392 Civil Code
1. Death by Electrocution
If absentee appears or without appearing his 2. Death by Hanging
existence is proved, he shall recover his property in the 3. Death by Musketry
condition in which it may be found, and the price of any 4. Death by Gas Chamber
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or OTHER METHODS OF CAPITAL PUNISHMENT
rents.
1. Beheading
PRESUMPTION OF SURVIVORSHIP 2. Crucifixion
3. Beating
Rule 131 Section 5(jj) Rules of Court 4. Cutting Asunder
5. Precipitation from a height
When 2 persons die in same calamity, such as: 6. Destruction by a wild beast
7. Flaying
 Wreck 8. Impaling
 Battle 9. Stoning
 Conflagration 10. Strangling
11. Smothering
Not shown who died first; there are no particular 12. Drowning
circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting II. EUTHANASIA
from the strength and age of the sexes, according to the ―Mercy Killing‖ – deliberate and
following: painless acceleration of death of a
person usually suffering from an
1. Both UNDER 15: Older presumed survived incurable and distressing disease.
2. Both ABOVE 60: Younger presumed
survived TYPES:
3. One UNDER 15, Other ABOVE 60: UNDER
15 presumed survived 1. Active Euthanasia
4. One OVER 15, Other UNDER 60, 2. Passive Euthanasia
a. Different Sex: Male presumed a. Orthothanasia
survived b. Dysthanasia
b. Same Sex: Older
5. One UNDER 15, or ABOVE 60, the other

BETWEEN those ages: latter presumed Ways of Performing Euthanasia
survived
1. Administration of a lethal dose of poison
Article 43, Civil Code: 2. Overdosage of sedatives, hypnotics, other
pain relieving drugs
If there is a doubt, as between 2 or more persons 3. Injection of air into bloodstream
who are called to succeed each other, as to which of them 4. Application of strong electric currents
died first, whoever alleges the death of one prior to the
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5. Failure to institute the necessary 7. Evidence which will rule out

management procedure which is essential homicide, murder, parricide, and
to preserve the life of the patient. other manner of violent death.
Ways of Performing Euthanasia CHAPTER VIII

DISPOSAL OF THE DEAD BODY
1. Patient himself
2. The physician, with or without the Persons Charged with Duty of Burial:
knowledge and and consent of the patient 1. If married: surviving spouse if possesses means to pay
3. Poison was administered by the physician to the necessary expenses.
the patient without the knowledge and
consent of the patient, then it is murder. 2. Unmarried or child: nearest kin if they be adults and
Treachery is inherent to the act of poisoning within the Philippines and in possession of means to pay
and treachery qualifies it to murder. the necessary expenses.
III. SUICIDE 3. Unmarried or no kin left with means: municipal

Psychological Classification of Suicide authorities
1. First degree – deliberate, planned,
premeditated, self-murder *Shall perform such duty within 48 hours after death, if able
2. Second degree – impulsive, to do so.
unplanned, under great provocation or
mitigating circumstances Right of Custody to body:
3. Third degree – sometimes called
To the person charged with the duty of burying the body
accidental suicide. This occurs when a
except when inquest is required by law to determine cause
person puts his or her life into jeopardy
of death or cause of death is accompanied by
by voluntary self – injury
communicable disease, custody of which will remain to
4. Suicide under circumstances which
local board of health or municipal council until buried.
suggest a lack of capacity for intention
as when the person was psychotic or Right of custody means possession, the holding of a thing
under influence and effects of drugs or the enjoyment of a right. Enjoyment of a thing could
and alcohol. either be in the concept of ownership or holder of a thing
5. Self-destruction due to negligence while ownership belongs to another. The right of
6. Justifiable suicide – self- destruction possession of a corpse is equivalent to ownership and
action of a person with terminal illness. unlawful interference is an actionable wrong.
Evidence that will infer death is suicidal: Surviving spouse has the preferential right and duty to
make the arrangements but if deceased spouse left a will
1. History of depression, unresolved
stating among other things the manner his body will be
personal problem, mental disease
disposed, such provision will prevail over the provisions of
2. Previous attempt of self-
the Administrative Code.
destruction
3. If committed by infliction of Methods of Disposal of the Dead Body
physical injuries, the wounds are
located in areas accessible to the 1. Embalming
hand, vital parts of the body and
usually solitary. - Artificial way of preserving body be injecting
4. Effects of act of self-destruction formalin and perchloride of mercury or arsenic in the
found in the body of the victim common arteries and the femoral arteries.
5. Presence of suicide note
6. Suicide scene in place not 2. Burial or Inhumation
susceptible to public view
- Body must be buried within 48 hours after death
except when required for legal investigation or authorized
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by local health authorities or when embalmed (impliedly (b) A burial ground shall at least be 25 meters distant from
allowed). After 48 hours, new permit is needed. If with any dwelling house and no house shall be constructed
communicable disease, within 12 hours after death unless within the same distance from any burial ground.
directed otherwise by local board of health.
(c) No burial ground shall be located within 50 meters from
In Philippines, body needs to be buried within 24 either side of a river or within 50 meters from any source of
hours because of the climatic condition. water supply.
 Death Certificate necessary before burial except The burial remain is subject to the following requirements:
in cases of emergency. Primary duty of physician
to furnish if available. If not, local health officer, (a) Shipment of remains abroad shall be governed by the
mayor, the secretary or of a councilor. Order is rules and regulations of the Bureau of Quarantine.
successive and exclusive.
(b) The burial of remains in city or municipal burial grounds
- It must be forwarded within 48 hours after death. shall not be prohibited on account of race, nationality,
religion or political persuasion.
* The person who issued the death certificate shall notify
the justice of the peace or the auxiliary justice or the mayor (c) Except when required by legal investigation or when
if neither of the two is available if he observed any permitted by the local health authority, no unembalmed
indication of violence or crime. Permission from the remains shall remain unburied longer than 48 hours after
provincial fiscal or mayor is necessary if death due to death.
violence or crime.
Study Articles 305, 306, 307, 309 and 2219 of the NCC
Burial and transfer Permits as well as Articles 132 and 133 of the RPC.
Municipal secretaries, in the capacity of Limitations to the Funeral Rites

secretaries of municipal boards of health or as clerks to
municipal councils as the case may be, shall issue burial or a. Will of the deceased
transfer permits upon the presentation of the death
b. Burial of the person sentenced to death must not be held
certificate. Copy of death certificate shall accompany
transfer permit if body will be transferred from one with pomp (Art. 85, RPC)
municipality to another. Those bodies with dangerous
c. Restrictions as to funeral in cases of deaths due to
communicable disease shall not be carried from place to communicable disease
place except for burial or cremation. It is the duty of the
local health authorities to cause such body to be thoroughly When the cause of death is a dangerous
disinfected before being prepared for burial. Only adult communicable disease, the remains shall be buried within
members of the family may be permitted to attend the 12 hours after death. They shall not be taken to any place
burial. of public assembly. Only the adult members of the family of
the deceased may be permitted to attend the funeral.
Burial permit (death certificate) must be
presented before burial. 3. Disposal of Dead Body to the Sea
The Law Penalizes Desecration of Burial Premises Allowed when death is not due to dangerous
(Sec. 2695, Revised Administrative Code) communicable disease. A special permit needs to be
secured from officers authorized to issue permits.
Burial Grounds Requirements (PD 856, Code of Sanitation)
4. Cremation
Burial Grounds Requirements the following requirements
shall be applied and enforced: Pulverization of the body into ashes by the
application of heat. Body must first be identified and there
(a) It shall be unlawful for any person to bury remains in must be a permit for cremation.
places other than those legally authorized in conformity
with the provisions of this Chapter. When not granted:
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1. If deceased left a written direction that he will not be Persons who can grants permission to used body parts of
cremated deceased:
2. Identity has not yet been definitely ascertained a. Before death:
3. Further inquiry needed to cause of death 1. Deceased during his lifetime
5. Use of Body for Scientific Purposes 2. If minor, guardian with the approval of the
court or by the legitimate father or mother. Married woman
Unclaimed remains may be used by medical can give consent without husbands consent.
schools and scientific institutions for studies and research
subject to the rules and regulations prescribed by the b. After death:
department.
1. Nearest relative
Study RA 349 as amended by RA 1056 (Donations of
Human Body Parts) 2. Head of hospital or institution having custody
in the absence of relatives
Donation of Human Organs for Medical, Surgical and
Scientific purposes Any person may donate an organ or Persons permitted to detach body parts:
any part of his body to a person, a physician, a scientist, a
hospital or a scientific institution upon his death for 1. License physician or surgeon
transplant, medical, or research purposes subject to the
following requirements: 2. Known scientist
(a) The donation shall be authorized in writing by the donor 3. Medical or scientific institutions including eye
specifying the recipient, the organ or part of his body to be banks.
donated and the specific purpose for which it will be
Requirements:
utilized.
1. Must be in writing
(b) A married person may make such donation without the
consent of his spouse. 2. Specify the person/institution granted the
authorization
(c) After the death of a person the next of kin may
authorize the donation of an organ or any part of the body 3. Specify the organ/part to be detached
of the deceased for similar purposes in accordance with
the prescribed procedure. 4. Signed by the grantor and 2 disinterested
persons
(d) If the deceased has no next of kin and his remains are
in the custody of an accredited hospital, the Director of the 5. Copy furnished to the Secretary of Health
hospital may donate an organ or any part of the body of the
deceased in accordance with the requirement prescribed in Limitation to the Authorization
this Section.
Not allowed when died with dangerous
(e) A simple written authorization signed by the donor in communicable disease
the presence of two witnesses shall be deemed sufficient
for the donation of organs or parts of the human body Penal Provision
required in this Section, notwithstanding the provisions of
the Civil Code of the Philippines on matters of donation. A Imprisonment of not less than six months nor
copy of the written authorization shall be forwarded to the more than one year.
Secretary.
Exhumation
(f) Any authorization granted in accordance with the
requirements of this Section is binding to the executors, The deceased buried may be raised or
administrators, and members of the family of the deceased. disinterred upon lawful order from fiscals, court and any
entity vested with authority to investigate. It must be
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identified by relatives, friends or by marks on the body. - smears from vaginal canal and blood for alcohol
Physician must describe the coffin, clothing and degree of determination
decomposition before stating the actual disease or violence
in his report. Even members of NBI are required to get d. Recover foreign bodies
permit from the Director of Health for exhumation.
- Metalic fragment or whole slug for ballistic
Person died with for a cause other than examinations
dangerous communicable disease may be disinterred after
3 years of being buried or in special cases, shorter time - Operative sponge, medical instrument to prove
when in the opinion of Director of Health, the public health medical negligence
will not be endangered. It will be immediately disinfected
and inclosed in a coffin, case or box. 2. If the next of kin refuses to give consent for exhumation
autopsy, a petition in court must be done.
Disinterment of remains is subject to the following
requirements: How long can exhumation be done after interment:
(a) Permission to disinter remains of persons who died of Sec 92 Code of Sanitation, Disinterment Requirements:
non-dangerous communicable diseases may be granted
1. Permission to disinter remains of persons who
after a burial period of three years.
died of non - dangerous communicable disease
(b) Permission to disinter remains of person who died of may be granted after burial period of 3 years
dangerous communicable diseases may be granted after a 2. If death is due to a communicable dangerous
burial period of five years. disease, permission may be granted after a burial
period of 5 years
(c) Disinterment of remains covered in paragraphs "a" and 3. Shorter period may be granted in special cases,
"b" of this Section may be permitted within a shorter time subject to the approval of Regional Director
than that prescribed in special cases, subject to the (Director of Health) concerned or his duly
approval of the Regional Director concerned or his duly authorized representative.
authorized representative. 4. In all cases of disinterment, the remains shall be
disinfected and placed in a sealed container prior
(d) In all cases of disinterment, the remains shall be to disposal.
disinfected and places in a durable and sealed container
prior to their final disposal.
 According to Art 305 of the Civil Code, no human
Read article 308 of the NCC remains shall be retained, interred, disposed of
or exhumed without the consent of: spouse,
 If the dead body is a subject matter of criminal descendants of the nearest degree, ascendants
investigation, it may be exhumed anytime of the nearest degree, brothers and sisters
1. There must be a formal request from any of the law

enforcement agencies authorized to make investigation  Sec 1098 Revised Administrative Code Shipment
addressed to any establishment authorized to perform of remains at sea - no body or remains shall be
medico-legal investigation. Reasons could be: shipped to the US except under such conditions
as may be prescribed by the United States Public
a. Determine cause of death Health Service. The outside box containing the
remains shall be plainly marked so as to show
b. Determine identity the name, age, nationality, of the deceased
person, the cause of death, the destination and
c. Recover organs or tissues for further remains.
examination for:
- toxicology analysis
 If dead body is a subject matter of criminal
- histopathological examination investigation, it may be exhumed anytime.
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Requirements to be satisfied in exhumation: g. Actual autopsy and adoption of procedure is

needed to accomplish the purpose of exhumation
a. Duration of interment as required h. Disinfection of the body and all areas involved
b. Exhumation permit to be provided by the Director must be carried out with the assistance of the
of Health local health officer and return of the body to the
c. Compliance of sanitary requirements, such that burial place
the body or remains, after exhumation shall
immediately be disinfected and enclosed in a
coffin or box and this box shall be placed in an Included in the Exhumation Report:
outside box which shall also be securely
fastened. a. The name of the deceased person and
circumstances
b. Purpose of exhumation
Procedure in medico - legal exhumations c. Name address and designation of the requesting
party
a. There must be formal request from any law d. Date, time place of exhumation
enforcement agency to make an investigation e. Description of the burial place
addressed to any person authorized to perform f. Name and address of the persons who identified
medico - legal investigation. The request must the burial place
mention the name of the deceased, place and g. Condition of the body and coffin if there is
date of interment suspicion as to the cause of interment
death etc. Reasons for the request are: h. Name and address of the persons who identified
 To determine the cause of death the body of the deceased
 Determine the identity of the deceased i. The post-mortem examination and
 Recover organs for further examination accomplishment of the purpose of exhumation
 Recover foreign bodies j. Conclusions based on the findings and result of
b. If the physician found that there is justification to examination
the exhumation and a strong probability for the k. Remarks if any
purpose to be realized, he may set the date and l. Signature and designation of physician’
time for exhumation
c. A written request for exhumation must be sent to
the regional director or ministry of health stating: Problems in Exhumation:
 Name of deceased
a. identity of the deceased - often in disaster victims
 Place of exhumation
b. refusal of the next-of-kin to give consent or to
 Date and time of exhumation
cooperate in the exhumation-autopsy - often
 Duration of interment when the next-of-kin is involved in the
 Purpose of exhumation investigation
Remedy: petition in court for an order to exhume body
The Ministry of Health, aside from issuing the CHAPTER IX
necessary permit, shall also infor the local health MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES
officer to assist the physician in the exhumation to
ensure that public health will not be prejudiced.  Physical injury is the effect of some stimulus on
the body
d. During exhumation, the grave must be properly
identified by the person who was present when  Effect is apparent: stimulus applied is insufficient
the body was interred to cause injury and body resistance is great
e. During disinterment, care and diligence must be  Effect is real: effect is visible
observed to avoid destruction, deformity,
contamination or such other effects
f. After opening the coffin, the body must be viewed  Effect of application of stimulus: Immediate
by any or more persons who can identify the (sharp object causing stab wound); Delayed
deceased (blunt object causing contusion)
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c. dolor - pain on account of involvement of sensory

nerve
Causes of Physical injuries: d. loss of function - on account of trauma, tissue
may not be able to function normally
a. Physical violence Vital reaction differentiates an ante-mortem from post-
b. Heat or cold mortem injury
c. Electrical energy
d. Chemical energy In the ff instances, vital reactions or changes may not be
e. Radiation by radio-active substances observes even if injury was inflicted during life:
f. Change of atmospheric pressure (barotrauma)
g. Infection a. If PI were inflicted during agonal state of a living
person - body cells during that period may not
have the potential capacity to react to trauma
A. PI by Physical Violence b. If death is so sudden as not to give the tissues in
the body the chance to react properly e.g. deaths
Effect is the production of wound. due to sudden coronary occlusion
Wound is the solution of the natural continuity of any tissue
of the living body. It is the disruption of the anatomic Classification of wounds:
integrity of tissue in the body.
1. As to severity:
Effect of physical violence may not always result to a. Mortal wound - capable of causing death
production of wound but wound is always an effect of immediately after infliction or shortly
physical violence. thereafter
Parts of body where wound is inflicted
Physics of wound production: considered mortal:
Wound is kinetic energy times time times area times ―other
 Heart and big blood vessel
factors‖
 Brain and upper portion of
 Kinetic energy: mass X velocity (squared) divided spinal cord
by 2. Velocity component is the important factor.  Lungs
 Time: shorter period used for transfer of energy,  Stomach, liver, spleen and
greater likelihood of producing damage. intestine
 Area of transfer: The larger the area of contract b. Non - mortal wound - not capable of causing
between the force applied on the body the lesser death immediately
is the damage to the body.
 Other factors: the less elastic and plastic the 2. Kind of instrument used:
tissue, the greater the likelihood that a laceration a. blunt instrument (contusion, hematoma,
will result. Elasticity and plasticity refer to the lacerated wound)
ability of a tissue to return to its normal size and b. sharp instrument: sharp-edged instrument
shape after being deformed by pressure. (incised wound) sharp-pointed (puncture
wound) sharp - edged and sharp - pointed
(stab wound)
Vital Reaction: sum total of all reactions of tissue or organ
c. tearing force (lacerated wound)
to trauma.
d. change of atmospheric pressure
Ff are common reactions of a living tissue to trauma: (barotrauma)
e. heat or cold (frostbite, burns or scald)
a. rubor - redness or congestion of the area due to f. chemical explosion (gunshot or shrapnel
an increase of blood supply as a part of wound)
reparative machine
b. calor - sensation of heat or increase in
temperature 3. As to manner of infliction:
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a. hit - means of bolo, blunt, instrument, axe 6. Special types of wounds:

b. thrust or stab - bayonet, dagger
c. gunpowder explosion - projectile or shrapnel a. Defense wound - result of person’s instinctive
wound reaction of self - protection; injuries suffered by a person to
d. sliding or rubbing or abrasion avoid or repel potential injury from aggressor (injury on
flexed forearms when about to be hit by blunt object;
incised or stab wound on palm when about to be stabbed
4. Depth of wound: by another)
a. superficial - only layers of skin
b. deep - inner structure beyond layers of skin b. Patterned wound - Wound in the nature and
 penetrating - wounding agent enters shape of an object or instrument and which infers the
the body but did not come out or mere object or instrument causing it.
piercing of solid organ or tissue or body
Penetrating wound - wound where dimension of depth and Ex. Impact of the face on the radiator grill of a car
direction is an important factor in its description. It involves may cause imprint of the radiator grill on the face.
the skin or mucous surface and the deeper underlying
c. Self-Inflicted Wound - Self inflicted wound is a
tissues or organs caused directly by the wounding
wound produced on oneself. As distinguished from suicide,
instrument. Example: punctured, stab, gunshot wounds.
the person has no intention to end his life.
 Perforating - wounding agent produces
Motive of Producing Self-Inflicted Wounds:
communication between the inner and
outer portion of the hollow organs. (1) To create or deliberately magnify an
Traversing pr piercing completely a existing injury of disease for pension or
particular part of body workman’s compensation;
(2) To escape certain obligations or
punishment. During war time soldiers may
5. Relation of site of application of force and
cut their fingers to avoid frontline
location of injury:
assignments and prisoners may inflict
a. coup injury - physical injury which is located
physical injuries on their body to avoid hard
at the site of application of force
labor and just be confined in a hospital to
b. contre - coup injury - physical injury found
receive food and rest.
opposite the site of application of force
(3) To create a new identity or destroy the
c. coup contre - coup injury - physical injury
existing one. Fingerprints may be
located at site and also opposite the site of
destroyed by acid, by cutting or burning.
application of force (fixed head is hit with
(4) To gain attention or sympathy.
moving object then falls on another hard
(5) Psychotic behavior
object)
d. locus minoris Resistencia - PI located not at
the side or opposite the site of application of Some Ways of Self-Mutilation:
force but in some areas offering the least
resistance to the force applied. Blow on (1) Head banging or bumping - this is
forehead may cause contusion at region of commonly observed in overactive children
eyeball because of fracture on the and causes hematoma.
papyraceous bone forming roof of orbit. (2) Exposure of parts of the body to heat
e. Extensive injury - PI involving greater area radiation from open fires, radiators, or
of body beyond site of application of force - protective grills over radiator thermophilia.
not only wide are of injury but various types (3) Penetrating nail or spike to the chest wall or
of injury. (fall from height or run-over of insertion into the urinary bladder in a
victim in vehicular accident) female.
*stationary head is hit by moving (4) Castration by amputation of the penis.
object, contusion is with the site of impact.; when moving (5) Trauma inflicted on the female genitalia to
head hits a firm fixed and hard object, Brain contusion may induce abortion or promotes hemorrhage
develop at opposite side of impact. and creates an anemia.
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(6) Subcutaneous injection of fecal matters to However, if it is not deliberate then it

promote abscess formation. may fall on paragraph 2, Art. 263,
(7) Pricking of acne eruption to lead to a Revised Penal Code (Serious Physical
severe facial disfigurement. Injuries).
(8) Subcutaneous injection of air to create a
condition of emphysema.
(9) Nail-biting (onychophagia) which may lead  Is vasectomy and tubal ligation within
to maceration of the skin and an infection. the purview of mutilation as defined
(10) Grinding of the teeth (bruxism) is frequently and penalized by Art. 262 of the
seen in the mentally retarded and can lead Revised Penal Code?
to abnormal tooth wear, a bilateral The Secretary of Justice rendered an opinion that
hypertrophy of the masseter and a pain on vasectomy and tubal litigation are not mutilation and a
chewing. legitimate method of contraception despite the fact that it is
(11) Pressure on the subcutaneous tissue by a done intentionally and deprives a person of his power of
tightly applied cord or belt around the body: reproduction. Because: …these two methods of surgical
(a) Tribal customs of metal band sterilization are affected by the closing of a pair of tubes in
around the neck or a leg by some either man or the woman so that the sperm and ovum
African tribes may cause a cannot meet; it does not involve the removal of
permanent disfigurement. reproductive glands or organs as in the case of castration,
(b) Use of shoes made of metal by with which it is sometimes confused.
chinese women.
(12) Pulling of the body hair (Trichotillomania) Serious Physical Injuries:
(Forensic Medicine a Study in Trauma & Art. 263, Revised Penal Code:
Environment Hazards by Tedeschi, Eckert &Tedeschi, Vol,
1, p.496) The Crime of serious physical injuries my be due
to:
Legal Classification of Physical Injuries:
1. Wounding;
 Mutilation: 2. Beating;
Art. 262, Revised Penal Code 3. Assaulting (Art. 263); or
4. Administering injurious substances (Art.
Kinds of Mutilation Punishable Under the Code: 264) without the intent to kill.
It may be committed through a simple negligence
1. Intentionally depriving a person, totally or or imprudence
partially of some of the essential organs for
reproduction, and The main purpose of dividing the provision into four
2. Intentionally depriving a person of any part paragraphs is to graduate the penalties depending upon
or parts of the human body other than the the nature and character of the wound inflicted and their
organs for reproduction. consequences on the person of the victim.
Mutilation is the act of looping or cutting off any part or
parts of the living body. In order to be punishable under the In paragraph one, the injured person became insane,
Code, it must be intentional, otherwise it will be considered imbecile, impotent, or blind.
as a physical injury.
Insanity has not been defined or qualified by the
 ―Mayhem‖ is the unlawful and violent Article.
and deprival of another of the use of a
Imbecility infers that the injured person must be
part of the body so as to render him
of the preadolescent age and that on account of the
less able in fighting, either to defend
physical injuries inflicted there is an arrest of mental
himself or to annoy his adversary.
development.
Mutilation of other parts of the body
other than the organ of reproduction Impotency is the inability to grant to the partner
may be classified as mayhem. sexual gratification.
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Blindness must be total or involvement of both In paragraph four, the injured person becomes ill
eyes. If only one eye became blind, then the physical injury or incapacitated for labor for more than thirty days and
will fall in paragraph 2 of Article 263. impliedly less than 90 days.
In paragraph two, the following nature and character of the It is noteworthy to mention that in paragraph 3
wound or consequences of the injuries inflicted must be and 4 of article 263 there is no mention of periods of
present: medical attendance but merely incapacity.
a. Loss of the use of speech or the power to Administering Injurious Substances or Beverages:
hear or to smell, or loss of an eye, a hand, a
foot, an arm, or a leg; Art. 264, Revised Penal Code:
b. Loss of the use of any such member; or
c. Becomes incapacitated for the work in which Elements of the Crime:
he was therefore habitually engaged.
There must be total loss of hearing capacity. If a. The offender inflicted upon another person
the loss of power to hear is only in one ear, it is a serious or any serious physical injury.
physical injury under paragraph 3, article 263 (People v. b. The infliction of physical injury was done
Hernandez, 94 Phil. 49) knowing that the substance or the beverage
administered is injurious or took advantage
Insofar as loss of a hand is concerned, the of the victim’s weakness or credulity; and
prosecution must prove by clear and conclusive evidence c. There was no intent to kill on the part of the
that the offended party cannot actually make use of his offender.
hand and that such impairment is permanent (People V. If the offender does not know that the substance
Reli. C.A. 53 O.G. 5695). administered is injurious, he cannot be held liable under
the above provision.
In paragraph 3, the following injuries of their
consequences are included: The throwing of acid on the face of someone
does not fall within the provision because what the
a. Deformity; provision contemplates is administering or taking in the
b. Loss of any other member of his body; injurious substance or beverages (U.S. Chiong Songco, 18
c. Loss the use thereof; or Phil 459).
d. Becomes ill or incapacitated for the
performance of the work in which he was The provision does not contemplate of sight or
habitually engaged for more than 90 days, less serious physical injuries are the consequence of
as a consequence of the physical injuries injurious substances of beverages, but results only in
inflicted. serious physical injuries.
If the administration of injuries substances or

Deformity is a condition of physical ugliness. It beverages is intentional, the crime committed is frustrated
must be a permanent and conspicuous. The loss of the murder. Treachery is inherent when injurious substances or
front teeth, the development of a pigmented scar on the beverages are introduced into the body.
face, or the loss of the pinna of the ear is considered
deformities. However, the development of a scar in Less Serious Physical Injuries:
covered parts of the body may not be considered deformity
Art. 265, Revised Penal Code:
because it is not a conspicuous and visible.
The basis to determine whether the physical
―The loss of any other part of his body‖ means
injury is less serious or not is by either the period of
loss of the parts of the body not mentioned in paragraph 2,
medical attendance or period of incapacity; both of which is
Art. 263.
ten days or more but not more than thirty days.
Incapacity means the inability of the injured
The fact that the injury only requires medical
person to perform, or engage on a work or vocation before
attendance for two days but incapacitated the victim from
he sustained injury.
attending to his ordinary work for a period of 29 days
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makes the crime less serious physical injuries (U.S. v.  The stab wound is
Trinidad, 4 Phil. 152). accessible to the hand
of the victim
There must be proof as to the period of medical  The hand of the victim is
attendance. In the absence of such proof of medical smeared with blood
attendance or incapacity, although the wound actually  The wounding weapon
healed in more than 30 days, the crime committed is only is firmly grasped by the
slight physical injuries (People v. Penesa, 81 Phil. 398) hand of the victim
(cadaveric spasm)
The Crime of less serious physical injuries may
 If stabbing is
be qualified and a fine or a higher penalty imposed when:
accompanied with
a. There is a manifest intent to insult or offend slashing movement, the
the injured person; wound tailing abrasion is
b. There are circumstances adding ignominy to seen towards the hand
the offense; inflicting the injury
c. The victim is the offender’s parents,  A suicide note may be
ascendants, guardian, curators or teachers; present
or  There is the presence of
d. The victim is a person of rank or person in a motive for self-
authority, provided that the crime is not destruction
direct assault.  No disturbance in the
death scene, wounding
instrument is found near
(pp.252-268) the victim
In the Description of a Stab Wound, the following must be

included: b. Homicidal – stabbing with homicidal intent is the most
common
a. Length of the skin defect
b. Condition of the extremities Characteristics:
c. Condition of the edges
d. Linear direction of the surface wound 1. Injuries other than stab wound may be present
e. Location of the stab wound 2. Stab wound located in any part of the body
f. Direction of penetration 3. Usually more than one stab wound
g. Depth of the penetration 4. There is a motive
h. Tissue and organs involved - If without motive offender is
insane or under the influence of
drugs
Stab Wound(s) may be Suicidal, Homicidal or Accidental: 5. There is a disturbance in the crime scene
a. Suicidal – Evidences showing that the stab

wound is suicidal: Medical evidences showing intent of the offender to kill the
 Located over vital parts victim:
of the body
 It is usually solitary. If a. More than one stab wounds
multiple, located on one b. Located on different parts of the body
part of the body or on parts where vital organs are
 If located on covered located
parts of the body, the c. Deep
clothing is not involved d. Stab wound with serrated or zigzag
borders
e. Irregular or stellate shape skin defects
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 Different measurement of the stab wounds may a. Located where vital organs are located
be produced by one weapon if it is tapering b. Usually singular but may be multiple but located
towards the sharp point in one area
 Withdrawal of the instrument not on the same c. Parts of the body involved is accessible to the
direction as when it was introduced may hand of the victim
increases length of the skin defect d. Clothing is usually not involved
 Three-cornered file when used as a stabbing e. Wounding is made while the victim is sitting or
weapon- three-cornered skin defect standing. There is bleeding towards the lower
 The most common immediate cause of death- part of the body
hemorrhage f. No disturbance of the crime scene
 Accidental stab wounds are rare g. Presence of suicide note
h. Wounding instrument found near the body
4. Punctured Wound
Punctured would with puncturing instrument loaded with
 A result of a thrust of a sharp pointed instrument poison:
 External injury small but depth is to a certain
degree a. Poison dart- cyanide or nicotine
b. Fish spines
 Produced by: icepick, needle, nail, spear, pointed
c. Dog bites with hydrophobia virus
stick, thorn, fang of animal, hook
d. Injection of air and poison as a way of
 External hemorrhage is limited but internal
euthanasia
injuries may be severe
 Direct involvement of blood vessels and bloody
organs may cause fatal consequences 5. Lacerated Wound (Tear, Rupture, Stretch, ―Putok‖)
 Site of external wound can be easily sealed
 Punctured would is usually accidental but in rare  A tear of the skin and the underlying tissues due
instances it may be homicidal or suicidal to forcible contact with a blunt instrument
 Produced by: wood, iron bar, fist blow, stone, butt
of firearm, others without sharp objects
Characteristics:  Force applied to tissue is greater than its
cohesive force and elasticity
1. The opening on the skin is very small and may
 The tissue tears and laceration is produced
become unnoticeable because of clotted blood
and elasticity of the skin. The wound is much
deeper than it is wide. Characteristics:
2. External hemorrhage is limited although internally
severe a. Shape and size of the injury do not correspond to
3. Sealing of the external opening will be favorable the wounding instrument
for the growth of anaerobic microorganism b. Tear on the skin is rugged with extremities
irregular and ill-defined
c. Injury developed is at the site where the blunt
Medical Evidences that tend to show it is homicidal: force is applied
d. Borders of the wound are contused and swollen
a. It is multiple and usually located on
e. Usually on areas where the bone is superficially
different parts of the body
located, like scalp, malar region on the face, front
b. Deep
part of the leg, dorsum of the foot
c. Defense wounds on the victim
f. Examination shows bridging tissue joining the
d. Disturbance of the crime scene- sign of
edges and hair bulbs intact
struggle
g. Bleeding is not extensive because blood vessels
are not severed evenly
Proof to show it is suicidal: h. Healing process is delayed
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Classification of lacerated wounds: -Healing is faster - Healing is delayed

a. Splitting caused by crushing of the skin between
two hard objects -Scar is linear or spindle- - Scar is irregular
- Best seen in laceration of the shaped
scalp, cut eyebrow of boxer,
laceration of the chin of -Caused by a sharp-edged - caused by a blunt
motorcyclist instrument instrument
b. Overstretching of the skin
- When pressure is applied on one
side of the bone, the skin over the
area will be stretched up to a Gaping of Wound:
breaking point to cause laceration
and exposure of the fractured
bone The separation of the edges especially in deep wound may
- In avulsion, the edges of the be due to the following:
remaining tissue is that of
laceration 1. Mechanical stretching or dilatation
c. Grinding Compression - Presence of a mechanical device
- Weight and grinding movement on the edges to prevent
may cause separation of the skin coaptation will cause separation
d. Tearing
- Produced by semi-sharp-edged
instrument which causes irregular 2. Loss of Tissue
edges on the would - Separation of edges of a wound
- Hatchet and choppers may be on account of loss of
tissue bridging them. The loss of
tissue may be due to:
 Lacerated wounds may involve deeper tissues i. Destruction by pressure,
like laceration of the muscles and fracture bones infection, cell lysis, burning or
 It may be homicidal or accidental but rarely chemical reaction
suicidal ii. Avulsion or physical or
mechanical stretching
resulting to separation of a
Distinction between and incised wound and a lacerated portion of the tissue
wound: iii. Trimming of the edges
Incised Wound Lacerated Wound
3. Retraction of the Edges
-Edges are clean cut; - Edges are roughly cut; - Underneath the skin are dense
regular; well-defined irregular; ill-defined networks of fibrous and elastic
connective tissue fibers running
-No swelling or contusions - There is swelling and on the same direction and forming
around the incised wound contusion around the a pattern more or less present in
lacerated wound all persons. This is called
cleavage direction or lines of
-Extremities of the wound - Extremities of the wound
cleavage of the skin.
are sharp or may be round are ill-defined and irregular
- If an incised wound or stab wound
or contused
was inflicted wherein the long axis
of the wound is parallel or on the
-Examination by means of a - Examination with a
magnifying lens shows that magnifying lens shows that same direction as the cleavage
the hair bulbs are cut the hair bulbs are preserved line of the part of the body
involved, the wound will appear
narrow or slit-like because the
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edges of the wound will not be Pudental areas 1% 1%

subjected to the lateral pull of the
severed connective tissue fibers Total 100%
- If the long axis of the wound is
perpendicular to or with an angle
with the lines of cleavage, the
tendency of the borders of the Factors responsible for the severity of wounds:
wound is to separate on account
of the retraction of the severed 1. Hemorrhage
fibers a. Hemorrhage may influence the severity of
wound by:
Practical ways of determining how much of the skin surface a.1. Loss of blood incompatible with
is involved in an injury or disease: blood:
 Skin serves as the mechanical protection of the  Blood constitutes about 1/20
body of the body weight of an adult
 It is punctuated with sensory nerve endings for  By volume, an average size
pain, temperature and touch adult has 5 to 6 quarts of
blood
 It acts as thermo-regulator, storage of water,
excretor of sweat and organ for absorption  A loss of 1/3 to 2/5 of the
circulating blood may result
 Determination of how much skin is involved is
to irreversible hypovolemic
important to determine the mode of treatment
shock and may be fatal
and prognosis
 The volume of blood lost may
 Significant in cases of: burns, contusion, dermal
be related to the rate or
manifestation of certain diseases
space of time a certain
 Burns in children and old age persons,
volume of blood has been
involvement of more than 70% of the body
shed
surface- fatal
 Males can stand more lost of
 Estimation as to how much of the body surface
blood than females
involved, the rule of the nine is used
a.2. Hemorrhage may result in an
increase in pressure in or on the vital
Body surface expressed as percentage using the rule of organs to affect the normal function:
nine:
 Intracranial hemorrhage may
Whole of head and neck 9% 9% cause compression of
the vital centers of the
Whole of one upper 9% 18% brain.
extremity  Hemopericardium may cause
embarrassment of the
Whole of front chest and 18% 18% contraction of the heart.
abdomen  Hemorrhage into the chest
cavity may cause diminution
Whole of posterior chest 18% 18% of the respiratory output with
and abdomen subsequent anoxia
a.3. Hemorrhage may cause
Whole of one lower 9% 18% mechanical barriers to the function of
extremity (front) organs:
Whole of one lower 9% 18%  Hemorrhage into the tracheo-

extremity (back) bronchial lumina can cause
asphyxia
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b. Cause of Hemorrhage: 3. Organs Involved

b.1. Trauma:
 Trauma on the vital organs of the body are
 Destruction of the blood always serious
vessel wall or increase  Crushing wounds of the heart, brain or longs are
permeability of its wall due to almost fatal
external force
b.2. Natural Causes:
4. Shock
 Common causes of
hemorrhage due to natural  May occur with or without violence
causes:  Slight blow on genitalia, slight burns in children or
o Intra-cerebral old persons, or slight violence on the head or
hemorrhage neck may cause severe shock
(apoplexy)  But violent traumas to healthy, strong persons
o Spontaneous may not produce shock
subarachnoid
hemorrhage
o Rupture of the 5. Foreign body or substance introduced into the body:
arteriosclerotic
aneurysm of the  Incision with an unsterilized scalpel may not be
aorta serious as the bite of a venomous snake
o Rupture of the  A foreign substance or body may be toxic by
esophageal varices itself or may act as a physical irritant
in cases of
cirrhosis of the liver
and bleeding of The foreign body or substance may be:
peptic ulcer of the
stomach and a. Bacterial:
duodenum
- Tetanus
o Pulmonary
hemorrhage - Pathogenic microorganism
o Ruptured ectopic
pregnancy b. Viral:
o Spontaneous
rupture of - Hydrophobia
cavernous
hemangioma or - Hepatitis
hepatoma
o Rupture of the c. Foreign body:
enlarged spleen
- Bullet
2. Size of Injury: - Glass fragments
 Burns affecting 1/3 of the body surface of the - Shrapnel

third degree type is usually
- Gauze or rubber drain
fatal
 Bigger wounds are more exposed to infection d. Chemical:
and other physical conditions
of the surroundings - Cyanide
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- Nicotine b. Tourniquette above the site of the wound
e. Toxin c. Placing ice on the bite site
 Snake Venom d. Sucking the wound to drain venom

o Characterized as two
punctured wounds at the e. Administration of anti-snake venom serum
center of the reddened
affected area
 Scorpion Venom
Snake venom toxicity will depend on: o Has neurotoxic, hemolytic
and hemorrhagic effect
a. Potency of venom injected o Produces only one punctured
wound on the center of a
b. The amount of venom depends on the season reddened area
of the year and the length of time the o Main symptoms are pain
edema and reddening
snake has eaten. If a snake has just killed his
prey, the toxic content is smaller
 Coelenterate Sting (jellyfish)
c. Size of Patient o The tentacles penetrate into
the skin and cause explosion
d. The immediate treatment instituted of the nematocyst and
liberation of the venom
o Symptoms are extreme pain,
Snake venoms are of two principal classes: urticarial rash, abdominal
pain, dilated pupils, paleness
a. Neurotoxic - primarily paralyzes the respiratory and labored breathing
and cardiac center of the
brain. May cause nausea,
vomiting, ascending 6. Absence of medical or surgical intervention:
paralysis, coma,
 A wound may not be fatal, but because of
convulsion, and cardiac
neglect in its management it may become
and respiratory arrest.
serious or fatal
b. Hematoxic - affects particularly the blood. The
manifestations are pain and
Fatal Effect of Wounds:
swelling of the affected
area, intravascular 1. Wound may be directly fatal by reason of:
hemolysis, abdominal pain,
nausea, vomiting, petechial a. Hemorrhage
hemorrhage on the gum,
pulmonary and cardiac  Incised wound on carotid artery without
edema. surgical intervention is fatal
b. Mechanical injuries on the vital organs

Emergency treatment may be:
 Blow on the head may not necessarily
a. Incision of the wound to promote more produce external lesions but may
external hemorrhage to produce severe meningeal hemorrhage
drain the venom producing compression of the brain
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c. Shock 2. Changes producing

separate
 Disturbance of the balance of fluid in pathological lesions
the body capable of producing delayed which in turn
or immediate death proves to be fatal
Ex: Operation
performed on a
2. Wound may be indirectly fatal by reason of: patient to ligate
bleeding vessel
a. Secondary hemorrhage following sepsis inside the
abdominal cavity
 On account of infection that sets in, with reasonable
deeper tissues are involved skill and due
diligence but as a
result of which
b. Specific Infection
peritonitis
 Pathogenic microorganisms may developed and
develop and multiply in the wound caused death of
causing septicemia, bacteremia, or patient
toxemia
3. Changes where a
c. Scarring Effect
definite
pathological
 Chronic gonorrheal infection may
condition was
cause stricture or urethra
present before the
injury
d. Secondary Shock Ex: A person
suffering from
Nature or death due to secondary shock tumor or cyst and
was stabbed by
- A person may have recovered someone. The stab
from the immediate effects of the is not capable of
trauma or violence, but may later producing death
die of its secondary effects or ordinarily. The
changes person may die of
the pathological
condition and the
These changes may be classified accused is liable
as follows: for his death
1. Changes whose
natural sequence
are direct and 4. Changes where a
obvious definite
Ex: Septicimia, pathological
tetanus or condition of totally
complications different nature
arising from arises after the
wounds wounding and the
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consequential  The extravasation or loss of blood from

sequence is the circulation brought about by wounds
doubtful in the cardio-vascular system.
Ex: Tuberculosis  The degree and nature of hemorrhage
meningitis that depends upon the size, kind and location
develops following of the blood vessel cut.
a blow on the head
Kinds of Hemorrhage:
Complication of trauma or injury: a. Primary Hemorrhage

 It is the bleeding which
1. Shock occurs immediately after
 The disturbance of fluid balance the traumatic injury of
resulting to peripheral deficiency which the blood vessel
is manifested by the decreased volume
of blood, reduced volume of flow,
hemoconcentration and rental b. Secondary Hemorrhage
deficiency  This occurs not
 Clinically characterized by severe immediately after the
depression of the nervous system infliction of the injury but
 Three major factors operate in the sometime thereafter on
production of shock and all are likely to or near the injured area
be associated together as the condition
develops
a. Injury to the receptive 3. Infection:
nervous system  Infection is the appearance, growth and
b. Anoxemia – reduction of development of microorganisms at the site
effective volume of of the injury
oxygen carrying
capacity of the blood
c. Endothelial damage, How injury or trauma acquires infections:
thus increasing capillary
permeability a. From the instrument or substance
which produces the injury
b. From the organs involved in the trauma
Kinds of Shock: applied
c. As an indirect effect of the injury which
a. Primary Shock creates a local area of diminished
 Caused by immediate nerve resistance causing the invasion and
impulse set up at the injured multiplication of microorganisms
area which are conveyed to d. Injury may depress the general vitality,
the central nervous system especially among the aged and the
young children and makes the patient
succumb to terminal disease
b. Delayed or Secondary Shock e. Deliberate introduction of
 Patient shows sign of general microorganisms at the site of the injury
collapse which develop some
time after the infliction of
injury 4. Embolism:
 A condition in which foreign matters are
introduced in the blood stream causing
2. Hemorrhage
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sudden block to the blood flow in the finer  Capacity for regeneration decreases as age
arterioles and capillaries increases
 State of nutrition of the individual affects
capacity or regeneration
The most common emboli in the blood
stream are:
The following regenerates rapidly:
a. Fat Embolus
 Causes of Fat Embolus: a. Connective tissues
o By injection of oily b. Blood forming tissues
substance into the c. Surface epithelium of the skin
circulation
o By injury of the
adipose tissue Those having no power or limited capacity to
which forces fat regenerate:
into the circulation
a. Highly specialized glandular epithelium
b. Smooth muscle
b. Air Embolism c. Neurons of the central nervous system
 Causes of Air Embolism:
o Gaping incised
wound of the jugular  Small clean-cut wound is covered with
vein lymph in 36 hours
o Injection of  The edges adhere in two days and wound
soapsuds or air into heals on the 7th day leaving a linear scar
pregnant uterus for  Larger incised wound shows swelling of the
the purpose of edges 8 to 12 hours
tubal insuflation or  Blood-stained serum is present in 2 days
criminal abortion which afterwards become seropurulent on
o Injection of air into the 3rd day, lasting in state from 4 to 5 days
the urinary bladder for  Small red granulation forms in 12 to 15 days
radiological study and the epithelium grows from the edges
o Insuflation of the  Scar develops later
other non-potent tubes
or hollow organs
o Injection of air Healing of Wounds
under pressure into
the nasal sinus The time of healing wounds is dependent on the
after a therapeutic following: vascularity, age of person, degree of rest or
lavage immobilization and nature of the injury.
2. Kinds of Healing Wounds

Healing of Wounds
a. Healing by Primary (First) Intention
It takes place when there is minimal tissue loss, more

1. Power of the human tissue to regenerate approximation of the edges and without significant
 Regeneration is the replacement of bacterial contamination. Within 24 hours after the injury,
destroyed tissue by newly formed similar there is an acute neutrophilic response and scab will be
tissue formed due to dehydration of the surface clot. After
 The more highly specialized the tissue, the three days, microphages and fribroblasts will appear.
less capacity for regeneration Collagen fibers will bridge the raw area and
differentiated surface cells begin to proliferate to cover
the exposed area. The normal state of the area may
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return after a lapse of one month with or without the cuts, hair and other foreign bodies in the scene; (c)
formation of a scar. witnesses to the incident; (d) wounding instrument;
(e) photography, sketching or accurate description of
b. Healing by Secondary Intention the scene of the crime for preservation
It take place when the injury causes more extensive

loss of cells and tissues. Inflammatory reaction is more 2. Examination of the Wounded Body
intense and granulation tissue growth bears all the
responsibility for its closure. Production of a large scar
and greater loss of skin appendages (hair, sweat and Living Victim Dead Victim
sebaceous glands) and slower reparative process may Age of the wound from degree
occur. of healing
Weapon used
c. Aberrated Healing Process Reasons for multiplicity of
wounds
In some instances, healing process may deviate from Whether injury is accidental, suicidal
the normal way on a normal individual and may result or homicidal
to: Ante-mortem or post-
Dangerous to life of injury
mortem wound
(1) Formation of Excessive Granulation Tissue or
Permanent deformity
"Proud Flesh" - It may prevent the closing of wound and Mortal or non-mortal wound
caused by injury
can be remedied by excision or cautery.
Presence of disease or
(2) Keloid Formation - It is the a large bulging tumorous abnormal development at
Shock produced by wounds
scar produced by an abnormal amount of collagen in the time of wounding which
connective tissue. may accelerate death
Complications produced by Cause of wound (accident,
(3) Stricture - It is the contraction of the fibrous tissue of injury suicide, homicide)
the scar formed.
(4) Fistula or Sinus Formation - Fistula is a 3. Examination of the Wound

communication between an inner cavity and the outside  Character - State the type of wound, characteristic
while sinus is a tract of infection traversing the inner part marks, presence of contusion collar, scab
of the body. It may remain for a lone time unless the formation, infection, surgical intervention, etc.
causal factor (infection or foreign body) is removed.  Location - Region of the body where it is situated,
distance of the wound from some fixed point in the
CHAPTER X body prominence. Location is important in
MEDICO-LEGAL INVESTIGATION OF WOUNDS determining trajectory or course of the wounding
weapon
 Depth - It is measurable if the outer wound and inner
Rules to observe by the physician in examining wounds: end is fixed. It must not be attempted in a living
subject if it will prejudice the health or life or in a
 ALL injuries must be described. stabbed wound in the abdomen due to movability
 Description must be comprehensive with sketches or of the abdominal wall
photographs if possible.  Condition of Area Surrounding the Wound - Presence
 Examination must not be influenced by other of burning or tattooing in gunshot wounds by near
information obtained from others in making a report or contact fire, hesitation cuts in suicidal incised
or conclusion. wound or contusion in lacerated wound
 Extent - Extensive injury may show marked degree of
force applied
Outline of Medico-Legal Investigation of Physical Injuries
 Direction - It is material in determining the relative
1. General Investigation of the Surroundings: (a) place position of the victim and offender.
of the commission of the crime; (b) clothing, stains,  Number - Multiple wounds in different parts of the
body are generally indicative homicide or murder.
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 Conditions of the Locality - (a) degree of hemorrhage; and cellular tissues not clot
(b) evidence of struggle; (c) position of the body; removed by washing
(d) presence of suicide note; (e) condition of Edges and cellular tissues
weapon. Edges gape owing to the are not deeply stained and
reaction of the skin and can be removed by
muscle fibers washing.
Factors in Determining Whether Wounds were Inflicted
During Life or After Death Edges do not gape but are
closely approximated to
1. Hemorrhage is more profuse when the wound was Inflammation and reparative
each other unless wound is
inflicted during lifetime. If wounds are inflicted after processes
caused within one or two
death, the amount of bleeding is comparatively less hours after death.
due to loss of tone of blood vessels, absence of heart No inflammation or
action and post-mortem clotting of blood. Violence reparative processes
upon a living body may not show bruise until after
death.
Factors in Determining Whether Wound is Homicidal,
Suicidal or Accidental
2. Signs of Inflammation such as pus, adhesion of the
edges and other vital reactions may be present 1. Nature of the wound inflicted
whenever the wound was inflicted during lifetime  Abrasions - extensive in accidental death, rare in
although they may be less pronounced when suicidal, not common in murder unless the
resistance of the victim is markedly weakened. Post- body is dragged on the ground, common in
mortem wounds do not show any manifesting signs homicide especially when victim offered some
of vital reaction. degree of resistance.
 Contusion - rare in suicide unless done by
jumping from a height, may be found in
3. Signs of Repair such as fibrin formation, growth of
accidental death often due to a fall or forcible
epithelium, scab or scar formation conclusively show
contact with some hard object.
that wound was inflicted during lifetime. But absence
 Incised wound - common in suicide and
of such does not show wound was inflicted after
homicide. Accidental cuts are frequent
death since the tissue may not have been given
everyday occurrences but rarely cause of
ample time to repair before death took place.
death.
2. External signs and position and attitude of the body
4. Retraction of the Edges of the Wound inflicted during when found
life cause gaping of the wound while in case of 3. Location of the weapon or manner it is held
wound inflicted after, edges do not gape and are 4. Motive
closely approximated to each other. 5. Personal character of the deceased
6. Other information such as:
 Signs of struggle - Its absence is more in suicide,
Distinction between Ante-Mortem and Post-Mortem accident or murder. Presence of hair or portion
Wounds of skin on nails of assailant or deceased
 Number and direction of wound - Multiple
Ante- Post- wounds in concealed parts of the body are
Mortem Mortem indicative of homicide. Single wound in a
Wound Wound position the deceased could have been
Hemorrhage more or less conveniently inflicted is suicidal. In cut-throat,
Hemorrhage slight or none generally transverse in homicide while oblique
copious and generally
at all and always venous in suicide.
arterial
Marks of spouting of blood  Nature and extent of wound - Homicidal wounds
No spouting of blood may be caused by any wounding instrument
from arteries
Deep staining of the edges Blood is not clotted or a soft while suicidal wounds are due to sharp
instruments.
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 State of clothings - Usually no change in its  Determining which of the wounds were inflicted first
condition in suicide while it may be in disorderly depends on relative position of the parties, trajectory
position due to struggle in homicide. of the wound inside the body, organs involved and
degree of injury, testimony of witnesses and
presence of defense wounds.
Factors in Determining Length of Time of Survival of the
Victim After Infliction of the Wound
Effect of Medical and Surgical Intervention on the Death
1. Degree of Healing
Signs of repair appear in less than a day after 1. If death occurred after medical intervention, offender is
infliction of injury. By the degree of the granulation of still liable provided (1) death is shown to be inevitable and
tissue formation and other reparative changes, the even without intervention, death is a normal and direct
age of the wound may be estimated. consequence; (2) physician must be competent and
exercised care and diligence.
2. Changes in the Body
Systemic changes such as degree of wasting, 2. Minor wounds were received by victim but death resulted
anemia, condition of the face and bed sore formation on account of gross incompetence or negligence of
may provide for a basis. physician, offender is liable only for the physical injuries
inflicted.
3. Age of the Blood Stain
It may be determined from the physical color Effect of Negligence of the Injured on the Death
changes of the skin although it is not reliable.
Negligence of the victim in the proper care and
4. Testimony of the Witnesses treatment of the injury will not exonerate the offender since
In cases where witnesses testify as to the exact he is not bound to submit himself to medical treatment. But
time, medical evidence as to duration of survival is if negligence is deliberate and is really the cause of death,
merely corroborative. offender can only be held liable for physical injuries.
Possible Instruments Used by Assailant Inferred from Power of Volitional Acts of the Victim After Receiving a
Nature of Wound Fatal Blow
 Contusion - blunt instrument The determination of the victim's capacity to perform

 Incised wound - sharp-edged instrument inflicted by volitional acts rests upon the medical witness.
hitting
 Lacerated wound - blunt instrument  Severe injury of the brain and cranial box -
 Punctured wound - sharp-pointed instrument usually produces unconsciousness but power
 Abrasion - body surface rubbed on rough hard to perform volitional acts depends upon areas
surface of the brain involved.
 Gunshot wound - diameter of the wound of entrance  Wounds of big blood vessels (carotid, jugular,
may approximate caliber of firearm even aorta) - not prevent performance of
voluntary acts
 Penetrating wound of heart - instantaneously
 A physician can only state that it is possible that a fatal but experience shows victim may still be
certain injury is possibly caused by a certain capable of locomotion
instrument presented. He must be cautious in making  Rupture of organs - victim may still move and
categorical statements. speak
 In case of multiple offenders and there is conspiracy,
it is not necessary to determine who inflicted the fatal
blow. Where victim received multiple injuries, Extrinsic Evidences in Wounds
determining which injury caused the death depends
on the testimony of the physician by examining which 1. From Wounding Weapon
of the wounds caused injury to some vital organs or (a) Position - Near the body of the victim in suicidal
large vessels or led to secondary results causing and accidental death or firmly grasped by the victim
death. in case of suicide
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(b) Presence of blood - In some cases, absence of as being of small caliber and limited range are
blood stains is due to the rapidity of the blow and used a toys. The barrel of any firearm shall be
compression of the blood vessels or blood may be considered as complete firearm for all purposes
wiped out by the clothings in the process of thereof (Section 877, Revised Administrative
withdrawal. Code)
(c) Presence of hair and other substance

Penal Provisions of Law Relative to Firearm
2. In the Clothings of the Victim
In gunshot wounds, holes in the clothing may Alarms and Scandals (Art. 155, Revised Penal Code)
determine the wound of entrance whole presence of
gunpowder at the hole indicates distance. Clean-cut The penalty of arresto menor or fine not exceeding
tears indicates use of sharp-edged instrument. 200 pesos shall be imposed upon:
Severe tearing may show struggle. The degree of
soaking of the clothing with blood may depict 1. Any person who within any town or public place shall
hemorrhage. discharge any firearm, rocket, firecracker, or other
explosive calculated to cause alarm or danger;
3. From Examination of the Assailant
Determination of the degree of intoxication, mental xxxxxxxxxx
condition, physical power, etc of the offender may be
necessary. Discharge of Firearms (Art. 254, Revised Penal Code)
4. From the Scene of the Crime Any person who shall shoot at another with any
firearm shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the case
CHAPTER XIII are such that the act can be held to constitute frustrated or
GUNSHOT WOUNDS attempted parricide, murder, homicide or any other crime
for which higher penalty is prescribed by any of the articles
of the Code.
Death or physical injuries brought about by the powder
propelled substances may be due to the following: Classification of Small Firearms
 Firearm shot - The injury is caused by the missile Small firearms are those which will propel projectile of
propelled by the explosion of the gunpowder in the less than one inch in diameter.
cartridge shell and at the rear of the missile. The
missile may be single as in the case of a pistol or 1. As to Wounding Power
revolver or multiple shots or pellets in case of a a. Low Velocity Firearm - With muzzle velocity of not
shotgun. more than 1,400 feet/second (i.e. revolver)
 Detonation of high explosives as in grenades, bombs
b. High Power Firearm - 2,200 - 2500 feet/second
and mine explosion.
(i.e. military riffle)
2. As to Nature of the Bore

Firearm Wound
a. Smooth Bore Weapon - Inside portion of the barrel
Definition is perfectly smooth (i.e. shotgun)
An instrument used for the propulsion of a projectile b. Rifled Bore Firearm - The bore of the barrel has
by the expansive force of gases coming from the spiral lands and grooves which run parallel with one
burning of gunpowder another but twisted spirally from breech to muzzle
Includes rifles, muskets, shotguns, revolvers, pistols, (i.e. military rifle)
and all other deadly weapons from which a bullet,
3. As to the Manner of Firing
ball, shot, shell, or other missile may be
a. Pistol - Fired only by a single hand (i.e. revolver)
discharges by means of gunpowder or other
explosives. it also includes air rifles except such b. Rifle - Fired from shoulder (i.e. shotgun)
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4. As to the Nature of Magazine Gunshot Wound of Entrance (Entrance Defect,

a. Cylindrical Revolving Magazine - Cartridge is in a Inshoot):
cylindrical magazine which rotates at the rear portion
of the barrel (i.e. revolver) The appearance of the gunshot wound of entrance
depends upon the following:
b. Vertical or Horizontal Magazine - Cartridge is held
one after another vertically or horizontally by a spring 1. Caliber of the Wounding Weapon:
side to side or end to end (i.e. pistol) Excluding other factors which may influence the size
of the wound of entrance, the higher the caliber of the
Types of Small Firearms of Medico-Legal Interest wounding bullet the greater will be the size of the
wound of entrance.
 Revolver - It has a cylindrical magazine at the rear of
the barrel capable of revolving motion and can 2. Characteristics Inherent to the Wound of Entrance:
accommodate of five or six cartridges housed in The wound of entrance, as a general rule, is oval or
separate chamber. It has muzzle velocity of 600 circular with inverted edges, except in near shot or in
feet/second. gazing or slap wound. The wound of exit is usually
 Automatic Pistol - More appropriately called "self- larger than the wound of entrance.
loading firearm". Empty shell is ejected when the
cartridge is fired and a new one is slipped into the 3. Direction of the Fire:
breech automatically. It has muzzle velocity of A right angle approach of the bullet will make the
1,200 feet/second. wound of entrance circular in shape, except when the
 Rifle - It has a long barrel and butt and is fired from a missile is deformed or the fire is in contact or near. In
shoulder. A military riffle has a magazine and volt cases of an acute angle of approach of the bullet, the
action. It has a muzzle velocity of 2,500 wound of entrance is oval in shape with the contusion
feet/second and a range of 3,000 feet. A miniature or abrasion collar widest on the side of the acute
riffle is a single self-loading weapon. angle of approach.
4. Shape and Composition of the Missile:

(pp.336-352) Deformity of the bullet modifies the shape of the
wound of entrance.
6. Fragmentation of Hard Brittle Object in the Trajectory:
5. Range:
Bone involvement along the trajectory may cause
In close range fire, the injury is not only due to the
comminuted fracture and each bone fragment may cause
missile but also due to the pressure of the expanded
additional damage on the surrounding tissues and even in
gases, flame and other solid products of combustion.
the wound of exit.
Distant fire usually produces the characteristic effect
of the bullet alone.
7. Muzzle Blast in Contact Fire:
When gun muzzle is pressed on the skin when fired, all of 6. Kind of Weapon:
the products of combustion primarily the muzzle blast will High power weapon has more destructive effect as
penetrate the tissues causing severe mechanical compared with low power one. The shape of the bullet
destruction on account of pressure. The explosive effect also plays an important role. Conical shape free end
will cause extensive laceration of soft tissues and fracture bullets have more piercing power without marked
of bones. tissue destruction while missiles with hemispherical
free ends are more destructive.
8. Other Consequential Effects on the Body of the Victim:
Contact Fire:
Aside from direct involvement of vital structures of the The nature and extent of the injury is caused not only
body, pressure to other organs and tissues, the gunshot by the force of the bullet but also by the gas of the
wound may be the source of hemorrhage, infection, muzzle blast and part of the body involved. The
paralysis, shock, loss of functioning etc. which may cause following factors must be taken into consideration:
disability or death on the victim.
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1. The Effectiveness of the Sealing Between the Gun a. Wound of entrance is usually large, circular and without
Muzzle and the Shin: radiating laceration.
If all the gaseous product of combustion is prevented b. Edges are everted due to outward slapping of the skin.
from being spilled out, there will be more destructive c. Singeing of the hair, blackening of the wound due to
effects on the tissues. fouling, burn, and tattooing.
d. Muzzle imprint due to outward slapping of the skin and
2. The Amount of Gas Liberated by the Combustion of heat.
the Propellant: e. Pinkish color of the deeper structures due to carbon
The greater is the amount of gas in a confined area, monoxide.
the greater will be the tissue destruction.
Loose Contact or Near Fire:
3. Nature of Bullet: Bigger caliber bullet is obviously
more destructive than smaller ones. 1. Entrance wound may be large circular or oval depending
upon the angle of approach of the bullet.
4. Part of the Body Involved: The nature, character 2. Abrasion collar or ring is distinct.
and extent of injury in contact fire is different 3. Smudging, burning and tattooing are prominent with
(1) when the bone is superficially located under the singeing of the hair.
skin, and (2) when the bone is deeply located in loose 4. Muzzle imprint may be seen depending upon the degree
or soft parts of the body. of slapping of the skin of the gun muzzle.
5. There is blackening of the bullet tract to a certain depth'
Pressed and Firm Contact Fire: 6.Carboxyhemoglobinispresentinthewoundandsurrounding
areas.
1. On Parts of the Body Where Bone is Superficial:
This is commonly observed on the head where Short Range Fire (1 to 15 cm. distance)
the skull is just underneath the scalp. The Medium Range Fire (more than 15 cm. but less than 60
following are the characteristics of the injuries: cm)
Fired More Than 60 cm. Distance
a. The wound of entrance is large, frequently
star-shaped
b. Edges of the wound may be everted. Instances When the Size of the Wound of Entrance Do
c. Areas in the entrance wound is blackened by Not Approximate the Caliber of the Firearm:
burns, tattooing and smudging.
d. Muzzle imprint, Barrel impression (Profile of In distant fire, the rule is that the diameter of the gunshot
the muzzle) on the skin wound of entrance is almost the same as the caliber of the
e. The bullet may cause radiating fracture wounding firearm, but in the following instances, the rule is
f. Blood and tissue become pink due to carbon not followed:
monoxide.
g. Fragments of lead and bullet jacket may be 1. Factors which make the wound of entrance bigger than
found. the caliber:
Metal Fouling - When the bullet travels the a. In contact or near fire
whole length of the tight fitting barrel, it is rotated b. Deformity of the bullet which entered
by the lands and grooves. Its surface is scraped c. Bullet might have entered the skin sidewise
by the lands and the scraping is ejected from the d. Acute angular approach of the bullet -
barrel and strikes the target. It may lodge on the
clothings or may cause small abrasions or 2. Factors which make the wound of entrance smaller than
superficial lacerations on the skin around the the caliber:
main wound.
a. Fragmentation of the bullet before penetrating
h. Singeing of hair. the skin
b. Contraction of the elastic tissues of the
2. Parts of the Body Where the Bone is Deeply Located:
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In shotgun fire, the size of the wound of entrance is when the victim is lying on his back on a hard object
dependent upon the distance of the fire. Near fire causes or in small caliber shots the wound of exit tends to be
concentration of entry of the pellets, and as distance circular or nearly circular with abrasion at its border. It
increases the pellets disperse with individual pellets is also observed that tight-fitting clothings, waist band,
causing individual wounds of entry. Only in this instance belt collar, brassiere may also support the skin to
may the wound of entrance of the same size as the gauge enhance formation of a circular wound of exit.
of the shotgun pellets.
Distinction Between Gunshot Wound of Entrance and
Other Pieces of Evidence or Findings Used to Wound ot Exit:
Determine Entrance of Gunshot:
Entrance Wound
1. Examination of the clothing, if involved in the Exit Wound
course of the bullet Appears to be smaller than Always bigger than the
2. Examination of the internal injuries caused by the the missile owing to the missile
bullet elasticity of the tissue
3. Testimony of witnesses: Edges are inverted. Edges are everted
Usually oval or round It does not manifest any
Determination of the Traiectory of the Bullet Inside the depending upon the angle definite shape
Body of the Victim: of approach finite shape of
the bullet.
1. External Examination : "Contusion collar" or ―Contusion‖ is absent
"Contact ring is present due
a. Shape of the Wound of Entrance to the invagination of the
b. Shape and Distribution of the Contusion or skin and spinning of missile
Abrasion Collar
c. Difference in Level Between the Entrance and Tattooing or smudging may Always absent..
Exit Wounds be present when firing is
d. By Probing the Wound of Entrance near
Underlying tissues are not Underlying tissues may be
2. Internal Examination : protruding. seen protruding from the
wound.
a. Actual Dissection and Tracing the Course of the
Wound at Autopsy Paraffin test may be positive Paraffin test always
b. Fracture of Bones and Course in Visceral Organs negative.
c. Location of Bone Fragments and Lead Particles
d. X-ray examination
The "Odd and Even Rule" in Gunshot Wounds:
Exit (Outshoot) Wound: An exit wound does not
show characteristic shape unlike the wound of If the number of gunshot wounds of entrance and exit
entrance. It may be slit-like, stellate, irregular or even found in the body of the victim is even the presumption is
similar to the wound of entrance. This is due to the that no bullet is lodged in the body, but if the number of the
absence of external support beyond the skin so the gunshot wounds of entrance and exit is odd, the
bullet tends to tear or shatter the skin while sufficient presumption is that one or more bullets might have been
amount of kinetic energy is still in the bullet during the lodged in the body. The rule is merely presumptive and
process of piercing the skin. actual inspection and autopsy will verify the truth of the
Variation on the shape of the wound of exit may be presumption. It may be possible that all of those wounds or
attributable to the deformity of the bullet in its passage a majority of them are entrance wounds with some bullets
in the body and to the wabbling and stumbling lodged, yet the number may still be even.
movement of the bullet during its course and
fragmentation of the missiles. How to Determine the Number of Fires Made by the
Offender:
Shored Gunshot wound of Exit - If the place where the
gunshot wound of exit is pressed on a hard object as
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l. Determination of the Number of Spent Shells: hitting the bone the course is deflected to have the wound
2. Determination of Entrance Wounds in the Body of the of entrance as the wound of exit
Victim
3. Number of Shots Heard by Witnesses Determining whether the wound is Ante mortem or
postmortem:
Instances when the Number of Gunshot wounds of
Entrance is Less than the Number of Gunshot Wounds If the wounds inflicted after death show no evidence of
of Exit in the Body of the Victim: profuse hemorrhage, or there are signs of vital reactions in
the tissue, then the gunshot wound is ante-mortem.
1. A bullet might have entered the body but split Wounds inflicted after death show no evidence of profuse
into several fragments, each of which made a hemorrhage, no retraction of the edges, and there are no
separate exit. vital reactions.
2. One of the bullets might have entered a natural Problems confronting Forensic physician in the
orifice of the body, e.g. mouth, nostrils, thereby making it identification of Gunshot Wounds:
not visible and then producing a wound of exit.
1. Alteration of the Lesion Due to Natural process
3. There might be two or more bullets which 2. Medical and Surgical Intervention
entered the body through a common entrance and later 3. Embalming
making individual exit wounds. 4. Problem Inherent to the Injury itself
6. X-ray Examination The use of an X-ray is almost
4. In near shot with a shotgun, the pellets might indispensable in the examination of gunshot injuries. The
have entered in a common wound and later use of the apparatus will facilitate recovery of the lodged
dispersed while inside the body and making bullet together with the location of its fragments
separate wounds of exit.
Special Consideration on Bullets:
Instances when the Number of Gunshot wounds of L. Souvenir Bullet: Bullet has been lodged and has
Entrance is More than the Number of Gunshot Wounds remained in the body. Its long presence causes the
of Exit in the Body of the Victim: development of a dense fibrous tissue capsule around the
bullet causing no untoward effect. It may be located just
1. When one or more bullets are not through and through underneath the skin to be easily palpated and may cause
and the bullet is lodged in the bodY. 'inconvenience and irritation. Deep seated location may not
cause any problem to warrant its immediate removal.
2. When alt of the bullets produce through and through
wounds but one or more made an exit in the natural orifices 2. Bullet Migration: Bullet that is not lodged in a place
of the body where it was previously located. A bullet which strikes the
neck may enter the air passage, and it may be coughed out
3. When different shots produced different wounds of or swallowed and recovered in the stomach or intestine.
entrance but two or more shots produced a common exit
wound Bullets Embolism - a special form of bullet migration when
the bullet loses its momentum u'hile inside the charnber of
Instances when there is No Gunshot wound of Exit but the heart or inside the big blood vessels and carried by the
the Bullet is Not Found in the Body of the Victim: circulating blood to some parts of the body where it may be
lodged. It may cause sudden loss of function of the area
1. When the bullet is lodged in the gastro-intestinal tract supplied or death if vital organs are involved.
and expelled through the bowel, or lodged in the pharynx
and expelled through the mouth by coughing. 3. Tandem Bullet: Two or more bullets leaving the barrel
one after another. In cases of misfire or a defect in the
2. Near fire with a blank cartridge produced a wound of cartridge, the bullet may be lodged in ihe barrel and a
entrance but no slug may be recovered. succeeding shot may cause the initial and the succeeding
bullet to travel in tandem. There is a strong possibility for
3. The bullet may enter the wound of entrance and upon them to enter the target in a common hole. This might
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create doubt to the statement made by the firer that he 13. no disturbance in the place of death
made only a single shot, but ballistic examination can show
as to whether the bullet travelled in tandem. Russian Roulette:
-agreement among persons to load a revolver with live
GUNSHOT WOUNDS MAY BE SUICIDAL, HOMICIDAL cartridge; each member will cock and pull trigger with
OR ACCIDENTAL muzzle directed to the temple or other vital parts; the
person who will pull trigger with live cartridge in the firing
Pieces of evidence that tend to show that the Gunshot(s) chamber will suffer the fatal consequence
wound is Suicidal: -may be considered suicidal
1. The shot was fired in a closed or locked room' usually in Evidences to show the gunshot wound is homicidal:
the office or bedroom. 1. no point of election in he wound entrance
2. fire is made when victim is at some distance
2. The death weapon is almost always found near the
place where the victim was found.
3. defense wounds (signs of struggle)
4. disturbance of the surroundings
3. The strot was fired with the muzzle of the gun in contact 5. wounding firearm cannot be found at crime scene
with the part of the body involved or at close range. The 6. witness testimony
wound of entrance may show signs of muzzle impression,
burning, smudging and tattooing. Evidences to show that the wound is accidental:
1. usually one shot
4. The location of the gunshot wound of entrance is in an 2. no special area of body involved
accessible part of the body to the wounding hand. It may 3. determination of relative position of victim and
be at the temple, roof of the mouth, precordial or epigastric assailant
region. A person committing suicide wilI do the act in his
most convenient way, unless he has the intention of 4. witness testimony
deceiving the investigator.
Points to be considered and included in the report of
5. The shot is usually solitary. If the shot is made on the the physician:
head involving the brain, the shocking effect of the injury 1. complete description of wound of entrance and exit
will not make him capable of firing another shot. However, 2. location of the wound
shots in some parts of the body which may not produce 3. direction and length of bullet tract
immediate death cir sudden loss of consciousness, the 4. organs or tissues involved
possibility of additional shots is not remote 5. location of missile, if lodges in the body
6. The direction of the fire is compatible with the usual 6. diagram and other illustration showing location of
wounds
trajectory of the bullet considering the hand used and the
part of the body involved.
Questions that a physician is expected to answer in
court:
7. Personal history may reveal social, economic, business
or marital problem which the victim cannot solve. He may 1. Could the wound be inflicted by the weapon?
have history of mental disease, depression, severe 2. At what range was it fired?
frustration or previous attempt of self-destruction. 3. Direction of the fire
4. Possibility that gunshot wounds are self-inflicted
8. Examination of the hand of the victim may show 5. Signs of struggle
presence of gunpowder.
6. Possibility of the victim to fire or resist the attack after
being injured
9. Entrance wound do not usually involve clothings.
7. Did the victim die instantaneously?
11. victim’s fingerprints on butt 8. Relative position of assailant and victim
12. place where the shot took place may reveal suicide Can the Caliber of the Wounding Firearm be
note determined from the size of the gunshot wound of
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entrance? Yes. The caliber may be inferred from the *It is not possible to determine the direction of the shot
diameter of the gunshot wound. from the direction of the sound UNLESS that flash or the
person firing the shot is seen at that time.
Determination of the Length of Survival of the Victim:
1. nature of wound *It is impossible to distinguish and memorise the report
2. organs involved from two firearm of the came caliber.
3. presence or absence of infection *It may be possible for a person who is accustomed to
4. amount of blood loss sound of firearms of different calibers to identify firearm by
5. physical condition of victim the sound produced.
Capacity of the Victim to Perform Volitional Acts: Gunshot wound may not be a near fire:
Depends upon the following: 1. when a device is set up to hold the firearm
1. area of body involved 2. clothings are interposed between the victim and the
2. vital organs involved firearm
3. resistance of victim 3. failure of examining physician to distinguish between a
*Injuries in the brain and spinal cord which cause near or far shot wound
incapacity to do voluntary acts negates the capacity. 4. product of a near shot wound has been washed out of
the wound
Determination as to length of time a firearm had been
fired: X-ray examinations may:
1. Odor of the gas inside the barrel 1. facilitate location of bullet
*mixture of gases has peculiar characteristic
order which is noticeable several hours afar
2. reveal fragmentation and location
discharge. Later, the odor will disappear as 3. show bone involvement
gases usually evaporate or chemical transform to doorless 4. reveal trajectory of bullet
compounds 5. show effects of bullet wound and other injuries
2. Chemical changes inside the barrel
3. Evidence that may be deduced from the wound SHOTGUN WOUNDS
1. age of wound
2. degree of healing Shotgun- shoulder-fired firearm having a barrel that is
3. degree of infection smooth-bored
Determination Whether the Wounding Weapon is an Classes of shot in a shotgun shell:

Automatic Pistol or Revolver: 1. Birdshot- shot are small (0.5 inch to 0.15 diameter);
1. Location of empty shells use for hunting fowls and small animals
revolver 2. Buckshot- shot ranges form 0.24 to 0.33 inch in
VS automatic pistol diameter; fewer in number of shots (9shots)
in clylindrical magazine chamber after fire 3. Single Projectile (rifled slug)- only a single or slug in a
driven out of weapon after shot shell
2. Nature of spent bullet
revolver Systems employed in the determination of the
VS automatic pistol diameter of barrel of a shotgun:
no coating
bullet is copper jacketed
1. Gauge System - determination of number of lead
balls, each fitting of the bore totals to one pound in
3. Nature of base of cartridge or spent shell
weight
revolver
VS automatic pistol 2. Expression of the bore diameter in inches-0.410 bore
wider diameter than shotgun is the only shotgun at present designated
no such difference 3. Metric system - bore in millimeters
that of cylindrical body
*Not standard length of barrel.
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e. smudging due to smoke up to 15 inches

Grade of choke: f. gunpowder tattooing up to 24 inches
1. Unchoke- diameter of barrel from rear to muzzle is the g. in an unchoked shotgun, to estimate the
same distance: measure the distance between the
2. Choke- diameter of barrel at muzzle end is smaller farthest shot in inches and subtract one, the
than rest of the barrel number obtained will give the muzzle-target
distance in yards
*The lethal range is in an area of 30 inches in diameter at
30 to 40 yards according to degree of choking. *A close shot produces more serious injuries because of
concentration on specific target and greater kinetic energy
Types of shotgun: of pellets.
1. As to number of barrel DETERMINATION OF THE PRESENCE OF
a. Single Barrel Shotgun
GUNPOWDER AND PRIMER COMPONENTS
b. Double Barrel Shotgun
2. As to manner of firing and reloading:
The importance of determining the gunpowder on the
a. Bolt action
skin of the victim:
b. Lever Action
c. Pump action 1. Determination of the distance of the gun muzzle from
d. Autoloading the victim’s body when fired
*The presence of gunpowder at or near the
wound of entrance shows that the gun muzzle
*A shotgun cartridge is usually 2-3/4 or 3 inches long and when fired is not more than 24 inches but its absence will
diameter depends on the gauge of the firearm not preclude near fire because other factors
might have intervened
Shotgun wound of entrance: 2. Determining whether a person has fired a firearm
*When a person fires a gun, the powder particles
1. Contact or near contact shot - not more than 6 inches which escape may cling on the
Indicators:
dorsum of the hand
a. shape of wound
*Detection of metallic residue on the primer palm
b. entrance wound is burned
hand may indicate that the individual
c. blackening due to smoke
was making a defensive movement trying to ward off the
d. gunpowder tattooing is densely located
weapon
e. contusion of tissue
*In suicide, residue may be deposited on the
f. singeing of hair (less than 6 inches)
palm of the hand used to steady the barrel at
g. disrupted deeper tissues
the time of discharge
h. presence of carbon monoxide along the bullet
tract
Procedures in determining the presence of gunpowder:
i. recovery of wad together with shot (pellets)
2. Long range shot - more than 6 inches skin-muzzle 1. Gross examination or examination with the use of
distance hand lens
Indicators *This examination is not conclusive because
a. 2-3 feet muzzle distance-> single wound of other foreign particles may be mistaken for
entry gun powder or other primer components.
b. 3-4 feet distance-> serrated wound of entry 2. Microscopic examination
referred to as ―rat hole‖ 3. Chemical tests
c. 5-6 feet-> wad tends to produce independent a. Laboratory test to determine firearm residues
injury, usually an abrasion *There is inference of contact or near
d. 6 feet-> shots begins to separate from distance of the gun muzzle to the skin when
conglomerate shot there is burning, tattooing, smudging visible
10 feet-> produces independent wounds of entry *The same test may be applied to
―Billiard ball ricochetted effect‖- tendency for one dorsum of hand of persons suspected to have
shot to stoke another causing changes of the shot fired the gun
course
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*The test may involve the bombardment, afterwards their quantity is

determination of presence of gunpowder residues of measured.
primer components 3. Flameless Atomic Absorption Spectroscopy (FAAS)
*Sample of hand washing is subjected to a high
Test for the presence of gunpowder residues: temperature to vaporise the metallic elements
1. On the skin (Dorsum of the hand or site of the wound of the primer residue.
of entrance): *This method is quick, sensitive and employs
1. Dermal nitrate test (Paraffin test, Diphenylamin equipment within economic means
test, Lung’s test or Gonzales’ test) *Can determine presence of barium, antimony
*The presence of small particles and lead
containing either nitrate or nitrite will be indicated 4. Use of Scanning Electron Microscope with a Linked X-
by a blue reaction of the particles upon contact ray Analyzer
with Lung’s reagent. *Adhesive material is used to remove any
*Test is not conclusive as to the residue particles from the hand. The material
presence of gunpowder because fertilizers, then examined under the scanning electron
cosmetics, cigarettes, urine and other microscope with a linked X-ray analyzer.
nitrogenous compounds with nitrites and
nitrates will give a positive reaction FIREARM IDENTIFICATION
*Subjection of suspect is not self- Factors:
incriminatory; act purely mechanical 1. Caliber of the weapon
2. On clothing's (Especially coloured ones) 2. Fingerprints
Walker’s tes (C-acid test, H-acid test) *may determine if homicidal or suicidal nature of
*A glossy photographic paper is fixed death
thoroughly in hypo solution for 20 minutes to 3. Fouling of the barrel
remove all silver salts and then washed for 45 *recently fired firearm may have a characteristic
minutes and dried. door smoke inside the barrel
*If unburned powder grains are 4. Serial number
present, it will result to production of dark red or
orange-brown spots on the prepared paper. Procedure of restoring serial number if tampered:
Test for the presence of Primer Components: 1. Cleaning
1. Harrison and Gilroy Test *All oil, dirt, grease and paint should be removed
*A cotton swab moistened with 0.1 molar with gasoline, xylol and acetone
hydrochloric acid is used to gather antimony, 2. Polishing (Most important)
barium and lead. *Whole surface should be smoothly polished
*The test does not enjoy substantial utilisation in using a fine file followed by a medium to fine grade
forensic laboratory because: carborondum cloth
1. lacks specificity of color reaction *The area should always have the mirror-like
2. inadequately sensitive surface
3. interference of color reaction among three 3. Etching
elements themselves *For all iron or steel materials, the following
4. development of instability of color etching may be used
2. Neutron Activation Analysis (NAA) Hydrochloric acid - 80 cc
*A sample is obtained from the hands by the use Distilled water - 60 cc
of paraffin or washing the hand with dilute acid. It is Ethyl alcohol - 50 cc
then exposed to radiation from a nuclear react emitting Copper chloride - 10 grams
neurons. *The solution is swabbed until the numbers
*The test requires access to a nuclear reactor appear.
(very expensive test) 4. Ballistic examination
*Unable to detect lead *Ballistics - study of physical forces reaction on
*Principle: Barium and antimony are converted projectiles
into isotopes by means of neutron *Foreign ballistics - also known as firearm
identification; deals with examination of fired bullets
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and cartridge cases in a particular gun to the exclusion of 3. Hand lens

all others 4. Sharp pointed instrument for scraping I.D. marks
5. Caliper
Three separate and distinct area of Ballistics: 6. Analytical Balance
1. Interior Ballistics - deals with what happened to the
cartridge and its bullet from the time trigger is pulled See illustration on page 386
until the bullet exits from the barrel
2. Exterior Ballistics - deals with what happened to the Types of marking on the examination through
bullet or projectile from the moment it leaves the gun Comparison Microscope:
barrel to the moment of impact on the target or object
3. Terminal Ballistics- concerns with the effect of the
bullet on the target or until it comes to rest 1. Impression type Mark (Stamp Mark) – the
4. Medical Ballistics- concerned with the penetration, forcible application of hard surface against the
severity and appearance of the wound due to bullet or softer one leaving an impression on the softer
missile surface. E.g. striking of the firing pin on the
percussion cup.
Basic Principles Involved in Firearm Identification: 2. Striation or serration mark – produced by a
1. Quality of metal in the manufacture of firearm is much harder surface scraping, dragging, siding or
harder and resistant to deformity than the quality of slipping cross the softer one leaving a series of
metal used n the manufacture of cartridge. In the abrasions, serrations and scrapes. E.g. bullet
process of contact between the part of the gun surface may show the rifling marks on its surface
involved and the cartridge, the surface condition of the of the barrel.
part of the gun can easily be impressed on the shell or
bullet. When the cartridge is fired from the firearm, the
2. Firearms have certain physical characteristics of following marks are found in the shell and from
certain type of caliber which differentiate it from the bullet:
others.
3. No two firearms can be manufactured with identical Marks found in the Shell:
surface characteristics; referred to as ―individual
characteristics‖ a. Marks of firing pin – impressions
in the percussion cap
Instruments Use in Firearm Identification: b. Marks from the extractor – marks
found in front of the rim of the
1. Comparison Microscopes- instrument consists of two shell
compound microscopes which allows comparison of
c. Marks from the ejector- marks
two objects by looking through single eyepiece. The
found in the head of the shell
individual or accidental characteristics of two objects
d. Marks from breechblock: the
may be compared. There is an attachment for
impact of the shell in the
photographic camera to facilitate the taking of pictures
bleechblock in the recoil
of the findings.
impresses the ridges of the
2. Bullet Recovery Box- instrument for the purpose of bleechblock and often gives
recovering the test bullet and shell. It is a long identification mark characteristic of
cylindrical container filled with cotton and an open a firearm.
shooting end. *The test shell e. Marks on the cylindrical surface of
and bullet may be used for comparison with the the shell- mark brought about by
evidence bullet or shell. the magazine.
Other ways of recovering test bullet as used in
other countries:
1. Shot may be fired on a box with oil and Marks found in the bullet:
sawdust
2. Vertical or horizontal shot on water tank
3. Shot fired on a block of ice
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a. Number of lands and grooves- i. The refling barrel is reflected

number of grooves, depth, and in the bullet as it passes
width depend upon the through it.
manufacturer of the firearm. ii. Firing pin mark: when the
b. Direction of the twist of the Rifling base of the cartridge is hit by
Marks- the direction of the spiral the firing pi, the pin produces
lands and grooves may twist to the distinct markings which can
right or to the lest. be reproduced by succeeding
shots.
iii. Breechblock mark: as the
Each manufacturers of firearms make certain marks which bullet is propelled forward by
will distinguish firearms manufacturered by them and the force of the expanded
makes specific number of spiral grooves and direction of gas, the casing is forcibly
the twist in the brrel of the firearm. The bullet recovered moved backward against the
from the ody may show those marks in the examination breech force or recoil plate.
and the examiner may have the presumption where the The backward force transfers
firearm came. the marking on the
breechblock to the base of
In fire Arm Identification the Examiner must take into the cartridge.
consideration the following: iv. Extractor mark: mark made
by the extractor on the
1. gross examination or examination with cartridge rim when pulled
magnifying lense: away from the firing
a. caliber of the bullet chamber.
b. presence or absence of deformity or v. Ejector mark: mark produced
loss part by the ejector in the process
c. presence of foreign elements. E.g. of throwing away the spent
blood, flesh shell.
d. identity marks placed by previous
possessor.
GUNSHOT WOUNDS IN DIFFERENT
PARTS OF THE BODY
2. Examination with the use of comparison
microscope: this is the comparison between
Head and Neck
evidence shell or bullet with the test shell or
bullet
1. Cranium:
a. Determination of the clss
Close or near contact fire in the
characteristics: physical characteristics
head may produce marked
of certain caliber of firearm used by the
laceration of the skin, burning and
manufacturer:
tattooing of the surrounding skin.
i. Number of rifling
The skull is fractured without any
ii. Direction and rates of rifiling
definite shape with the linear
marks
extensions to almost all of the
iii. Dimension of the lands and
bones comprising the cranial box.
grooves
iv. Depth of the grooves
Fire from distance with the
v. Style of the cannelure
bullet having a right angle of
approach to the skull, the fracture
b. Determination of individual or
is oval at the outer table. There
accidental characteristics:
will be radiating linear fractures
from point of entrance. The wound
exit will be clean-cut oval round
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opening at the inner table with 4. Neck

beveled fracture at the outer table.
The bullet may pierce the front
Grazing approach of the bullet portion of the neck and may
may produce an elongated gutter- involve the cervical portion of the
like depressed fracture of the spinal cord; causing instantaneous
cranium. The tangential impact death if the upper portion is
of the bullet may cause it to split involved. If involve the carotid or
and it is not uncommon to see a jugular vessel and death may be
fragment lodging in the brain due to profused hemorrhage.
substance while the other ricochet Injury to trachea and upper
outside hitting other objects bronchi may cause asphyxia or
nearby. aspiration pneumonia.
2. Brain Substance: 5. Chest:

1. Chest wall: usually has an
upward course and may
Usually a rugged tunnel with a involve both sides. The bullet
diameter larger than that of the may strike the rib, sternum or
caliber of the bullet, with mark the body of the vertebra and
ecchymosis of the surrounding may cause deformity or
area and filled with fresh and deflection of its course. When
clotted blood. Fragments of bones the intercostal or mammary
may be felt in the tunneled bullet vessel are injured there will
tract. In jury of the brain causes be perfused hemorrhage.
sudden loss of consciousness and
incapable of voluntary movement. 2. Lungs: it produces a
cylindrical tunnel much larger
than the diameter of the
projectile with the bloody
Injury in the cerebral hemispheres contents and ecchymotic
is as a rule not immdediately fatal borders. When the
and the victim may survive the pulmonary vessel is involved,
injury, however if the bullet the profuse hemorrhage is
courses the medulla, pons, and observe that produces death
other vital centers causes the before medical intervention
immediate death. Some victims can be done. If only the lungs
may live for a while but developed is involve, the profuse
epileptiform convalsions as a hemorrhage may cause
sequel. collapse of the lungs,
displacement of the heart.
Emphysema is present when
3. Face there is marked injury to the
air sacs. The victim may not
May noy cause serious trouble die immediately but later may
except that it becomes potential develop aspiration
avenue for infection that may pneumonia or cerebral
cause deformity. embolism.
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3. Heart: wound may be the spinal cord may be due

circular or stellate with to:
subepicardial hemorrhage in a. Bullet affects the
the surrounding tissue. As a canal and the
general rule does not prevent spinal cord causing
the victim from running, either partial or
walking or to do other forms complete
of volitional acts for death is severance
not usually instantaneous. b. Injury in the body of
wound of the auricle is more other parts of the
rapidly fatal as compared vertebra and
with the would of the ventricle contusion,
on the account of thickness concussion or
of the musculature of the compression on the
latter which produces account of impact.
temporary closure of the Injury of the upper
wound. cervical spinal cord
4. Abdomen: wounds are quite may cause
frequent but not as serious immediate death
as those of the chest and because the vital
head because of its ability to nerve tracts may
surgical operation. It is be involved. Lower
limited to one or several spinal cord injury
organs. Bullet wound of the may cause motor
liver and other or sensory
parenchymatous abdominal paralysis and may
organs may cause stellate later succumb to
perforations which are hypostatic
usually larger than the caliber pneumonia,
of the bullets that causes suppuration or
them. The tunnel may other
contain fragmented tissue, complications.
fresh and clotted blood. Loss 6. Extremities: it may show the
of function, of the kidney, characteristic lesion of
pancreas, etc may lead to gunshot wounds. Usually the
fatal resuls. Bullet wounds in wound is not so serious
the stomach and other hollow except when it involves the
areas are usually small on principal blood vessels and
the account of he contractility nerves. The bony tissue may
of the walls. The wound involves the principal blood
entrance is smaller than the vessels and nerves.
exit wound. Timely surgical
intervention may prevent
untoward complications.
However, death due to CHAPTER XVII
peritonitis is not rare on the DEATH BY ASPHYXIA
account of the spilling of its
contents into abdominal
cavity.
5. Spine or Spinal Cord: injury Asphyxia – general term applied to all forms of
of the spine may not involve violent death which results primarily from interference with
the spinal cord but injury of the process of respiration or the condition in which the
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supply of oxygen to the blood or to the tissues or both has 3. Apneic Phase: is due to the paralysis of the
been reduced below normal level. respiratory center of the brain. The breathing
shallow and gasping and the rate becomes
Types of death by Asphyxia: slower till death. The heart later fails.
1. Anoxic Death: associated with failure of the
arterial blood to become normally saturated with Classification of Asphyxia:
oxygen may be due to :
a. High altitude 1. Hanging
b. Traumatic crush asphyxia 2. Strangulation:
c. Paralysis of the respiratory centerdue a. By ligature
to poisoning, injury or anesthesia, etc. b. Manual strangulation or throattling
d. Mechanical interference with the c. Special forms of strangulations:
passage of air into or down the i. Palmar strangulation
respiratory tract due to: ii. Garroting
i. Closure of external iii. Mugging or yoking
respiratory ortifice iv. Compression of the neck with
ii. Obstruction of air passage stick
iii. Respiratory abnormalities 3. Suffocation:
e. shutting blood from the right side of the a. Closing the mouth and nostrils by solid
heart to the left without passage object
through the lungs b. Choking or closing of the air passage
2. Anemic Anoxic Death: this is due to a by the obstruction of its lumen
decreased capacity of the blood to carry oxygen. 4. asphyxia by submersion or drowning.
This condition may be due severe hemorrhage, 5. Asphyxia by pressure on the chest
poisoning, or low hemoglobin level in the blood. 6. Asphyxia by irrespirable gases
3. Stagnant Anoxic Death: this is brought about by
the failure of circulation which may be due to
heart failure, shock, or arterial and venous Asphyxia By Hanging: is a form of violent death brought
obstruction. about by the suspension of the body by a ligature which
4. Histotoxic Anoxic Death: this is due o the encircles the neck and the constricting force is the weight
failure of the circulation of the cellular oxidatives of the body. The victim may be sitting or lying with the face
process, although the oxygen is delivered to the down provided that the pressure is present in front or in the
tissues, it cannot be utilized properly. Cyanide side of the neck.
and alcohol is common agents responsible.
Classification of asphyxia by hanging:
Phases of Asphyxial Death: 1. as to location of the ligature and knot:

a. typical: ligature runs from the midline
1. Dyspenic Phase: symptoms due to lack of above the thyroid cartilage
oxygen and retention of carbon dioxide in the symmetrically encircling the neck on
body tissue. Breathing becomes rapid and deep, both sides to occipital region.
pulse rate increase and rise of blood pressure. b. Atypical: the ligature is tied or noosed
2. Convulsive phase: this is due to simulation of and present on one side of the neck, in
the cntral nervous system by carbon dioxide. The front or behind the ear or on the chin.
cyanosis becomes more pronounced and yes 2. as to amount of constricting force:
becomes staring and pupils are dilated. Visceral a. complete: body is completely
organs shows petechial hemorrhages known as suspended and he constricting force is
Tardieu Spots (caused by the hemorrhage the whole weight
produced by the rapture of the capillaries on b. partial: body is partially suspended as
account of the increase if intra-capillaries when the victim is sitting, kneeling,
pressure). The victim may become unconscious reclining, prone or in any other
in the convulsive stage. positions.
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3. as symmetry: There may be no sliding noose at the end of the

a. symmetrical: the knot or noose is at the ligature. It may be tightened after it has been
midline of the body either at the occiput encircled around the neck and the pressure on
or just below the chin. the air passage, blood vessels and nerves of the
b. Asymmetrical: knot or noose is not is neck is established when the body is suspended.
not in the midline but on the one side,
with the head tilted to the side opposite 3. Mode of Application of the Ligature
the location of the noose or knot. The ligature may be placed around the neck with
a single loop or with two or more hoops. This can
be distinguished on the nature of the ligature
Mechanism of Death: marks. In single loop, there is but one ligature
furrow, but if there are several, there will be
There is a ligature around the neck with a knot or several ligature marks with an intervening
with a sliding noose and the other end is fastened to an redness between the furrow. There is more
elevated object like peg, nail, window casing, door knob, pressure in a single loop ligature on account of
tree, etc.. concentration of force at the weight compare to
several loops.
Upon suspension of the body, the weight causes
the noose or band to tighten, producing pressure at the 4. Position of the Knot
region of the neck. The knot or joint is usually located on either side
of the neck. The head is flexed opposite the
The pressure of the band will cause the air location of the knot. The level of the ligature
passage to constrict, the larynx is pushed backwards and around the neck may differentiate hanging from
its opening is closed by the contact of the anterior to the strangulation by ligature. In hanging, the ligature
posterior laryngeal wall producing asphyxia. is usually pull of the constricting force, while in
case of strangulation by ligature, the loop is
Pressure of the ligature may also cause found below the thyroid cartilage. It is not easy to
compression of the superior laryngeal nerve, ceratoid retain the knot beneath the chin.
arteries and jugular veins producing cerebral anoxia.
5. Course of the ligature around the neck
Forms of furrow that develops in the neck The usual appearance is that the groove or
depends upon the type of ligature, the number of loops ligature mark is deepest opposite the location of
around the neck and the point of suspension. the knot. However, if the not is just underneath
the chin, the groove at the back of the neck is not
Protrusion of the tongue depends upon how
deep on account of the firmer skin and muscular
pressure is applied around the neck. If above the larynx
tissue.
and in an upward direction, the tongue will be pushed
outward and will protrude from the mouth but if the Symptoms
pressure is below, the tongue is kept inside the buccal
cavity. 1. Gradual loss of sensibilities
2. Sensation of constriction of the neck
Ligature in Hanging 3. Loss of consciousness and muscular power
4. Numbness of the legs and clonic convulsion
1. Materials used in Ligature.
5. Sensation of ringing inside the ear
The thinner the ligature and the tougher the
6. Sensation of flash of light before the eyes
material, the more pronounced will the the mark
7. Face becomes red with eyes prominent and
on the skin of the neck. If the material is soft and
feeling of heat in the head.
broad the ligature impression on the neck is less
marked. The rope is commonly used as ligature
because it is easily available and strong. Other If the victim is timely rescued and revived after artificial
materials includes beddings, belts, electric wire respiration, he will suffer the following symptoms:
etc.
1. Whistling sensation insede the ear
2. Noose 2. Watering of the eyes
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3. Difficulty of breathing and swallowing c. Place the patient where there is free
4. Sensation of number ness of both legs. current of fresh air
All the above symptoms may last for 12 days after rescue. d. Electrical stimulation of the phrenic
nerve
Cause of Death in Hanging e. Administration of respiratory stimulant,
like ammonia.
1. Simple asphyxia by blocking the air passage 2. Stimulate the heart to renew action if it ceases to
2. Congestion of the venous blood vessel in the beat.
brain a. Apply heat at the region of the
3. Lack of arterial blood in the brain due to pressure precordium
on the carotid arteries b. Hypodermic injection of coramine,
4. Syncope due to pressure on the vagus and strychnine, or other stimulants
carotid sinus which leads to reflex irritation and c. Administration of brandy.
paralysis of the medullary autonomic centers 3. Maintain the natural body temperature
5. Injury on the spinal column and spinal cord. a. Cover the body with blanket
6. Any combination of the above b. Place the patient in a warm room
Time Required in the Process of Death Post mortem findings in death by hanging
Time is influenced by the following: 1. General External Appearance
a. Neck elongated and stretched with the
1. Severity of the constricting force head inclined on the side opposite the
If the constricting force is only sufficient to knot or noose
occlude the windpipe, death may be delayed; but b. Eyes closed or partially opened with
if the pressure is sufficient to occlude the carotid pupils usually dialted on one side and
arteries, jugular veins and vagus nerve, then small on the other side (facies
unconsciousness develops immediately and sympathetic)
death is accelerated. c. Lividity or pallor of the face with
swelling and protrusion of the tongue
2. Point of application of the ligature
d. Hands are clenched firmly and purple
When the ligature is made below the larynx,
colored fingernails
death is almost instantaneous, but when applied
e. Lips livid or blue
above the larynx, death may not occur for three
f. Saliva dribbled from the mouth with
to five minutes. Hanging with the knot situated on
froth
one side of the neck may delay death because of
g. State of erection or semi erection of the
closure of cerebral vessels cannot be
penis with seminal flued in the urethral
maintained. If knot is below the jaw, maximum
meatus
pressure is at the back of the neck cause merely
h. Post mortem lividity with ecchymosis
partial occlusion of the windpipe and blood
are mostly marked at the legs
vessels of the neck, thereby delaying death.
i. Urination or defecation due to the loss
3. Other factors of power of sphincter muscles.
a. Physical condition of the subject 2. Internal Findings:
b. The rate of consumption of oxygen in a. Engorgement of the lungs
the blood and tissues. b. Venous system contains dark-colored
Treatment fluid blood.
c. Right side of the heart and the big
1. Induce the natural act of respiration blood vessels connected with it are
a. Ligature must be loosened and mouth distended with blood.
msut be wiped to remove all obstacle d. Blood vessels of the brain is generally
to free air. congested.
b. Tongue must be pulled forward and the e. Kidneys are congested.
body must be laid on back rest.
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f. Sub-pleural, sub-pericardial punction It is advisable to look for other injuries which are capable of
hemorrhages producing death to eliminate the possibility of hanging as
3. Findings on the neck: the cause of death.
a. Neck is flexed opposite the side where
the knot is located. Determinations whether hanging is accidental, homicidal or
b. Ligature mark which forms groove is suicidal
about or rather leass than the knot.
c. The course of the ligature is inverted v- 1. Evidence in support of homicidal hanging
shape with the apex of the v at the site a. Nature of windows and doors - whether
of the knot. entrance was forcibly opened or have
d. The skin at the site of the ligature is been used as an escape by the
hard with red line of congestion and offender in homicide case
hemorrhage in some points. b. Presence of signs of struggle- furniture
e. Ecchymosis of the neck depends upon and beddings may be disturbed
the width and softness of the ligature. whenever there is a previous struggle.
f. There may be rapture of the underlying c. Presence of stains, bodily injuries in
blood vessels, muscles and other soft the body of the victim
tissue d. Presence of defense wounds in the
g. The lining membrane of the blood body of the victim
vessels may be lacerated.
h. Fracture of the hyoid bone or tracheal
rings. ―Lynching‖ a form of homicidal hanging usually
found in southern states of US. Usually practiced
by Americans against the Negros who commit
Different diagnosis: crime against the white American. Whenever
colored offenders are apprehended, they are
1. Fold markings on the neck of an obese individual hanged by means of a rope on a tree or some
– the marks are not continuous and removed on similar objects. The Negroes are executed
stretching the skin of the neck without due process of the law.
2. Marks of tight neckwear – the location and
history will differentiate this from ligature marks. B. Asphyxia by Strangulation
Strangulation by Ligature:
Determinations Whether Hanging is Ante Mortem or Post It is produced by compression of the neck by
Mortem means of a ligature which is tightened by a force other than
the weight of the body.
The principal criterion is the vital reaction. But, It may be observed in infanticide using the
hanging made immediately after death may also show to a umbilical cord as the constricting material. This must be
certain extent vital reaction, while hanging of a living differentiated from accidental strangulation during child
subject whose bodily resistance has been markedly birth, the umbilical cord is abnormally long and there is no
weakened may show slight vital reaction disturbance in the wharton's jelly.
Strangulation by ligature is commonly observed
in rape cases, but the presence of findings in the genitalia
and other physical injuries are distinctive findings.
The following finding show that hanging is ante mortem
Causes of Death in Strangulation by Ligature
1. redness or ecchymosis at the site of ligature 1. Asphyxia due to the occlusion of the windpipe.
2. ecchymosis of the pharynx and epiglottis 2. Coma due to arrest of cerebral circulation.
3. line of redness or rupture if the intima of the 3. Shock or syncope.
carotid artery 4. Inhibition of the respiratory center due to the pressure
4. subpleural, subepicardial punctiform on the vagus and sympathetic nerves.
hemorrhages
Accidental, Homicidal or Suicidal Strangulation by Ligature
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Homicidal strangulation is the most common of This is a form of strangulation with the assailant
the three forms of strangulation by ligature. Aside from the standing at the back and the forearm is applied in front of
ligature mark in the neck, there are evidence of struggle or the neck.
marks of violence in other parts of the body. 4. Compression of the Neck with a Stick
Suicidal strangulation by ligature is quite rare. It The victim may be forced to place his back
may be done by placing a ligature around the neck and behind a post.
tightened by means of twisting a piece of stick.
There are a few instances of strangulation which C. Asphyxia by Suffocation
are accidental and most of the victims are children or
epileptics who are helpless and incapable of extricating Asphyxia by suffocation is exclusion of air from
themselves. the lungs by closure of air openings or obstruction of the air
passageway from the external openings to the air sacs.
Manual Strangulation or Throttling
This is a form of asphyxial death whereby the Smothering
constricting force applied in the neck is the hand. This is a form of asphyxial death caused by the
closing of the external respiratory orifices, either by the use
Methods of Throttling of the hand or by some other means. The nostrils and
1. Using one hand mouth may be blocked by the introduction of foreign
2. Using both hands with assailant in front substances, like mud, paper, cloth, etc.
3. Using both hands with assailant at the back Suicidal smothering by means of his own hand is
not possible
Manners of Death in Manual Strangling Homicidal and accidental smothering is frequent.
1. The air passage may be blocked and death is due to It may occur when a person is under the influence of
asphyxia alcohol, epilepsy or in any other helpless state. It is
2. The pressure on the neck may cause compression of common among children.
the blood vessels and disturb the blood supply of the Examples: overlaying, accidental smothering of epileptic,
brain gagging, plastic bag suffocation
3. The nerves of the neck may be traumatized especially
the superior laryngeal branch of the glossipharyngal, Choking
hypoglossal nerves and the plexus surrounding This is a form of suffocation brought about by the
Bifurcation of the common carotid artery or of the impaction of foreign body in the respiratory passage. Most
vagus producing shock. of suffocation by choking is accidental, although it may be
utilized in suicide or in homicide.
Accidental, Homicidal or Suicidal Manual Strangulation
1. Suicidal throttling is impossible because of the D. Asphyxia by Submersion or Drowning
pressure of the person's own hand must be
maintained for sometime but when unconsciousness This is a form of asphyxia wherein the nostrils
begins, the hands are relaxed and the victim recovers. and mouth has been submerged in any watery, viscid or
2. Accidental throttling may occur but the victim never pultaceous fluid for a time to prevent the free entrance of
died of asphyxia but of other causes. air into the air passage and lungs.
3. Homicidal manual strangulation is the most common.
It is a method of choice in infanticide. Time Required for Death in Drowning
Submersion for 1-1/2 minutes is considered fatal,
Special Forms of Strangulation if ordinary efforts for respiration is made, however, a
1. Palmar Strangulation person may survive even after 4 minutes of submersion.
The palm of the hand of the offender is pressed The average time required for death in drowning is 2 to 5
in front of the neck without employing fingers. minutes.
2. Garroting
A ligature, a metal collar or a bowstring is placed Emergency Treatment in Drowning
around the neck and tightened at the back. Remove the bodily clothings especially the tight
3. Mugging (strangle-hold) ones and wrap the body with blanket. Place the face down
and perform artificial respiration, using any of the following
methods: Schaefer's Method or Sylvester's Method.
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Administration of stimulants as ammonia, and charcoal used in heating or cooking, or gasoline

aromatic vinegar, etc. engine in cars.
Injection of strchnine, coramine, caffeine, etc. Accidental and suicidal death by carbon
Inhalation of oxygen combined with 5% to 8% monoxide poisoning is common. Victims may be
carbon dioxide to stimulate respiration. accidentally imprisoned or deliberately enclose themselves
in a room or garage with motor engine running or slow
Floating of the Body in Drowning burning is present.
The body may not immediately be recovered
after drowning because it is under water. The specific Qualitative Test for Carbon Monoxide in the Blood
gravity of human body is slightly more than of the water. 1. Kunkel's Test
Within 24 hours, on account of the decomposition which 2. Potassium Ferrocyanide Test
causes the accumulation of gas in the body, the body 3. Examination Through a Spectroscope
floats. The floating of the body is markedly influenced by 4. Gas Chromatograph
the weather, condition of the fluid medium where drowning 5. Infrared Analysis
took place, presence of wearing apparel, age, sex and
body built. The body when recovered, floats usually with Carbon Dioxide (Carbonic Gas Acid)
flexed extremities. The head is submerged because it has
a higher specific gravity than the rest of the body. Carbon Dioxide is the gas blown out of the lungs
during respiration, product of complete combustion of
"tete de negri" - the bronze color of the head and neck of a carbon containing compounds, and the end result of
person who died in water during the process of fermentation and decomposition of organic matters.
decomposition.
E. Compression Asphyxia (Traumatic or Crush Asphyxia) HYDROGEN SULFIDE (SULPHURETTED HYDROGEN,

H2S)
This is a form of asphyxia whereby the free
exchange of air in the lungs is prevented by the immobility NATURE and CHARACTERISTICS
of the chest and abdomen due to external pressure or
crush injury.  COLORLESS, Transparent gas, sweetish taste
In homicidal cases, the assailant may kneel on and emitting an odor similar to a rotten egg.
the chest of the victim or squeeze the victim between the  Formed during a decomposition process of
arms and legs as in wrestling. organic substances containing sulphur.
In accidental cases, the body may be pinned  Found in large quantities in a sewer, septic tanks,
between two big objects or collapsing building on the drainage pipes, and deep wells.
ground.
Very rarely is traumatic asphyxia attempted in EFFECTS
suicide.
 A dilute solution produces irritation of the eyes,
Burking nose, throat and air passages, followed by
This is a form of traumatic asphyxial death dizziness, headache, nausea, vomiting,
invented by Burke and Hare for the purpose of murdering abdominal pain, cyanosis, dilated pupils, cold
people to be sold to medical schools for dissection. extremities, and labored breathing
 Prolonged exposure on a diluted atmosphere
Death by Crucifixion may cause tetanic convulsion, delirium, stupor,
When person is nailed on a cross the weight is coma and death.
supported by the nailed feet. Classified as traumatic
POST-MORTEM FINDINGS
asphyxia.
F. Asphyxia by Breathing Irrespirable Gases
 Putrefaction sets rapidly.
 Offensive odor is noticed on opening the body.
Carbon Monoxide (Carbonic Oxide Gas, Co "Silent Killer")
 Blood in fluid state, dark brown in color is due to
Carbon Monoxide is formed from the incomplete
combustion of carbon fuel. The fatal carbon monoxide conversion of hemoglobin to sulmethemoglobin.
poisoning usually involves burning wood, oil,coal, kerosene  Lungs are congested and edematous.
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 Other organs are congested and dark colored. POST-MORTEM FINDINGS
 Not characteristics but there may be cyanosis

HYDROGEN CYANIDE with signs of asphyxia
NATURE and CHARACTERISTICS WAR GASES
 One of the most toxic and rapid acting gases. ESSENTIAL CHARACTERISTICS
 Formed by addition of acid to potassium or
sodium salt of cyanide.  Heavier than air
 Found in leaves of cherry-laurel, in bitter almond,  Capable of spreading rapidly on the area where
in kernels of common cherry, plum, peaches, in the chemical effects is desired
ordinary bamboo shoots, and in certain oil seeds  Capable of producing effect even in low
and beans. concentration on a specified area
 May be a true gas, smoke, volatilized liquid or
EFFECTS finely divided solid
 Manufactured in big quantity in a relatively cheap
 Loss of muscular power, giddiness, slow and price
stertorous breathing with loss of consciousness  Stable substance or not easily made non-toxic by
which may or not be preceded by convulsion rapid chemical reaction
before death  Capable of storage for an ample length of time
POST-MORTEM FINDINGS CLASSIFFICATION BASED ON THE PHYSIOLOGICAL
ACTION
 Body is livid or violet in color
 Post-mortem lividity is bright red or pink due to LACRIMATOR or TEAR GAS
the formation of cyanmenthhemoglobin
 Fingers are clenched, fingernails are blue and KINDS:
jaws firmly closed
 Eyes are bright and glistening and pupils are  Chloracetophenone (C.A.P.)
dilated  Bromobenzyl Cyanide (B.B.C.)
 Odor of the acid may be noticed on opening the  Ethyl Iodoacetate (K.S.K.)
body
 Heart is engorged with bright red blood EFFECTS:
 Mucous membrane of the esophagus and the
stomach may be congested and covered with  Irritation of the eyes with copious flow of tears
froth.  Severe lacrimation, spasm of the eyelids,
congestion of the conjunctivae and temporary
SULFUR DIOXIDE blindness
 Irritation of the respiratory passages and lungs,
NATURE and CHARACTERISTICS burning sensation in the throat and discomfort on
the chest
 COLORLESS gas  Vomiting, nausea, bronchitis and blistering of the
 Employed as a disinfectant, bleaching agent skin
 Found in eruption of volcanoes
PREVENTIVE MEASURES
EFFECTS
 Wearing of Gas mask
 Irritation of the respiratory passage, thus causes  Washing of the affected eyes with boric acid
sneezing, coughing, spasm of the glottis and solution
suffocation  Sodium bicarbonate solution may be applied in
 Irritates the eyes and caused congestion and other affected areas
lacrimation
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VESICANT or BLISTERING GAS  Hydrocyanic Acid (Hydrogen Cyanide or Prussic

Acid)
KINDS  Hydrogen Sulfide (Sulphurated Hydrogen)
 Carbon Monoxide (Carbonated Oxide, C0)
 Mustard Gas (Dichlordiethyl Sulfide, Yellow
Cross, ―Ypertite‖)
 Lewisite (Chlorovinyl-dichlorarsine)
CHAPTER XVIII
EFFECTS DEATH OR PHYSICAL INJURIES DUE TO
AUTOMOTIVE CRASH OR ACCIDENT
 Contact with the skin may cause bleb or blister
formation AUTOMATIVE CRASH:
LUNG IRRITANTS (Asphyxiant or Choking Gas)
FACTORS RESPONSIBLE TO AN AUTOMOTIVE CRASH
KINDS
1. HUMAN FACTOR
 Chlorine (CL2) a. Mental Attitude – ex. Reckless driving,
 Phosgene (COCL2) showing of, inattention, fatigue, inexperience
 Chloropierin b. Perceptive Defect – ex. Defective vision,
 Diphosgene defective hearing
c. Delayed or Sluggish Reaction Time –
EFFECTS  Reaction Time – the space of time the driver
perceives an impending danger and the actual
 When inhaled, they cause dyspnea, tightness of application of the brake.
chest and coughing, varying degree of d. Disease – the driver may develop an
conjunctival irritation, vomiting, coma and death epileptic fit or suffer from a heart attack
while on the steering wheel
STERNUTATOR (Nasal Irritants or Vomiting Gases)
e. Chemical Factor – ex. Driving under
KINDS influence of alcohol or drugs (depressant
drugs, marijuana, psychotrophic drugs) ,
 Diphenyl chlorarsine (D.A.) leak in the exhaust system of the vehicle
 Diphenylamine chlorarsine (D.M.)
 Diphenyl cyanarsine (D.C.) 2. ENVIRONMENTAL FACTOR – ex. Roads,
weather, absence of road signs, blind
EFFECTS intersections, stiff and slippery road may prolong
the sked time
 Nausea, stricken with coryza, malaise,  Sked time – the space of time between the
headache, vomiting, salivation and pain in the actual application of the brake and the stopping
chest, and prostration of the car
PARALYSANTS (Nerve Gas) 3. MECHANICAL FACTOR – ex. Defect in the

steering wheel, poor brake, transmission failure,
EFFECT worn out tires, unstable body
 Paralysis at the myoneural junction 4. SOCIAL FACTOR – ex. Speed, Insurance –

develop ―devil may care‖ attitude on the driver
inasmuch as he will not be financially held liable
for damages as a consequence of a crash
BLOOD POISONS
5. PEDESTRIAN
KINDS
INJURIES AND DEATH ON THE DRIVER AND
PASSENGERS
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KINDS OF COLLISIONS IN AUTOMOTIVE CRASH  With the impact at the rear, the head moves
backward or hyperextended, then the head will
1. First Collision – the impact of the moving vehicle move forward until the chin strikes the front
with another vehicle or a fixed object portion of the chest and with the neck
2. Second Collision – the impact of the unrestricted hyperflexed.
occupants with the interior of the vehicle  The backward and forward movement of the
head is known as ―acceleration-deceleration
FACTORS RESPONSIBLE FOR PASSENGERS AND injury‖ or ―whiplash‖. It may result to muscle
DRIVER INJURY spasm or injury to the ligament of the neck
resulting to pain.
1. Displacement of the occupants within the vehicle
with impact against structures ROLL OVER CRASH (Turn-turtle Impact)
2. Ejection
3. Distribution of the passengers in the  In the process of rolling, the occupants may be
compartment resulting in direct impact injuries pinned, crushed or may be thrown away and fall
on the ground.
FRONT IMPACT CRASH
 On account of the ling period of the process of
1. Driver rolling, the passenger does not sustain severe
a. Severe impact of the driver’s head on the injuries. The rolling process causes the different
windshield may cause laceration of the sides of the vehicle to absorb the force of the
scalp, face or neck. impact.
b. Impact of the lower extremities against the
EJECTION OF THE OCCUPANTS
dashboard may cause fracture of the tibia,
fibula, femur, or pelvis as well as lacerations  The primary impact of the vehicle may forcibly
and abrasion of the skin of the area. open the unlocked door.
c. The impact of the face to the circular rim of
 Ejection may increase further the injury sustained
the steering wheel may cause fractures of
by the occupant.
the teeth, jaw and facial bones.
2. Front Seat Passenger MEANS EMPLOYED TO MINIMIZE INJURY TO DRIVER
a. Abrasion of the face and scalp. AND PASSENGER
b. Laceration of the face and scalp.
c. Fracture of the skull. 1. Use of soft padded dashboard, windshield safety
d. Laceration or rupture of the heart. glass, dashboard with perforation to allow metal
e. Crashing injury of the neck. to deform easily, enlarged and padded central
f. Fracture of the ribs and sternum. steering wheel hub and collapsible steering
g. Laceration of the liver and/or spleen. column
3. Rear Seat Occupants – they may strike the back 2. The interior of the passenger compartment,
of the front seat, the pillar between the front and including the steering wheel, dashboard, side
rear side doors, or may be propelled over the doors are prevented from intruding into the
front seat striking the front seat passenger and passenger compartment and strike the
driver, dashboard or windshield. occupants.
3. The fender, bumper and other parts of the car
SIDE IMPACT CRASH commonly involved in the impact are made of
metal which can absorb energy, dissipate such
 Common impact in street intersections force and prevent its transmission to the driver
 The lateral impact to the chest may cause and passengers.
fracture of the ribs, contusion with laceration of 4. Special restraints to the occupants are being
the lungs. applied to reduce the severity of the second
 Laceration of the spleen and kidneys and pelvic collision in the forms of lap and shoulder belt and
may also be observed. air bag. But the use of seat belt is not absolutely
considered as a safety device. It may cause
REAR IMPACT CRASH
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injuries to the abdominal wall, visceral organs  Accounts for the multiple abrasions and
and vertebral column. contusions on the body of the pedestrian-victim
Seat belt Syndrome – the acute flexion of the
trunk (jackknifing) with the belt as the central 3. RUN OVER INJURIES
fulcrum may cause fracture of the trunk with the
visceral organs in forward motion, may stretch  The pedestrian may be run over by the moving
the mesentery and causes injury to the intestine vehicle during the initial impact or thereafter
and mesentery itself. There may be abrasion,  Usually, the victim dies of shock
contusion and hematoma of the lower portion of  Crash fracture, skid or tire marks, rupture of
the abdomen. organs and internal hemorrhage may be seen at
autopsy
SUICIDAL CRASH
4. HIT-AND-RUN INJURIES
 Usually a single vehicle and single occupant
crash
 A fast moving vehicle may run over, hit or side-
 Head on collision with roadside object, pole or swipe a pedestrian or collide with another vehicle
bridge support at a high speed. or fixed object and get away from the scene
 No evidence of any effort to apply the brake or to without regard to the unfortunate victim
avoid striking the object (foot still on the  This usually happens when the driver is drunk or
accelerator pedal)
―high‖ at night time, in an isolated road and with
HOMICIDE BY MOTOR VEHICLE no eyewitnesses or someone who could take
note of the identity of the vehicle
 The simulation of a crash may occur to conceal a
EVIDENCE IN VEHICULAR CRASH
prior homicide
 Victim of other means of violent death may be 1. FROM THE SCENE OF THE CRIME
placed on the road to simulate that he is a victim
of ―hit and run‖.  The area of the road – a photograph sketch must
be taken to determine who violated the traffic
PEDESTRIAN – VEHICLE COLLISION
rules and regulation
DEATH OR PHYSICAL INJURIES TO PEDESTRIAN  The skid and tire marks on the road – for
identification of vehicle and whether the driver
1. PRIMARY IMPACT stepped on the brake immediately before the
crash
 First violent contact between the pedestrian and  Condition and position of the victim – whether
the motor vehicle pedestrian or occupants
 The severity of the injury depends on the position  Condition of the vehicle and of other structures in
of the victim when the impact occurred, speed of the vicinity
the moving vehicle, and the amount of bodily  Blood, paint strains, pieces of clothing that may
support (clothing and other apparel) be found in the body of the victim, ground or on
 The movement of the body after the primary the vehicle
impact depends on the location of the impact  Narrations of witnesses as to how the incident
 Bumper Fracture – Fracture of the leg bones as took place including the identity of the vehicle
a consequence of the primary impact and the victims
2. SECONDARY IMPACT 2. FROM THE DRIVER
 The subsequent impact of the pedestrian to the  Fitness to drive – capacity to manipulate the
ground after the first impact steering wheel, step on the brake and
 The injury sustained by the pedestrian depends accelerator, visual and hearing perception, reflex
mostly on the force of the ground impact, nature time, heart condition, history of epileptic seizure,
of the road and part of the body involved etc.
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 Alcoholic drunkenness – a person with at least 1. There are so little crushable materials to absorb
0.15% alcohol in the blood is considered drunk the impact that the motorist himself is subjected
 Injuries due to second collision – like steering to the severe force.
hub imprint, fractured skull, multiple abrasions 2. No restraint system is available to keep the
and laceration of the face and scalp, fracture of operator and the passenger on the bike and as a
the leg bones, ribs and sternum result, ejection from the motorcycle is common.
3. FROM THE VICTIM IN VEHICLE-PEDESTRIAN Inasmuch as the cyclist is exposed to crashes, the only
COLLISION alternative approach is the protective wearing apparel.
1. Leather jacket, thick pants, and gloves to protect

 Crush injury
the skin from injuries that result from ejection
 Tire Thread Marks
2. Leather boots to protect from injuries of the
 Abrasion Marks
bones of the feet and legs.
 Paint Marks 3. Motorcyclist helmet which must be buckled to
 Blood, hair or Clothing of the Victim protect the head.
 Physical Defects of the Victim
 Inebriation of the Victim – the victim might have
been under the influence of alcohol and other CHAPTER XXI
depressant drugs MEDICO-LEGAL ASPECTS OF SEX CRIMES
PURPOSES OF THE AUTOPSY OF VICTIMS OF VIRGINITY AND DEFLORATION

VEHICULAR ACCIDENTS A. Virginity- is a condition of a female who has not
experienced sexual intercourse and whose
1. Determine deceased’s position on the vehicle or genital organs have not been altered by carnal
the pattern of injuries connection.
2. Determine whether death occurred as a result of A woman is a VIRTOUS FEMALE if her
the crash and not due to natural disease, body is pure and if she has never had
poisoning, gunshot wound or other causes prior any sexual intercourse with another,
to the crash though her mind and heart is impure.
3. Question of survivorship when more than one
member of the family died in a crash There is a presumption that a woman is virgin whenever it
4. Size of monetary reward in a civil suit may is shown that she is single and continuous until overthrown
depend on the nature and extent of the injuries by proof to be contrary.
suffered
KINDS OF VIRGINITY
MOTORCYCLE CRASH
1. Moral Virginity- the state of not knowing the
REASONS WHY THERE IS A HIGH PERCENTAGE OF nature of sexual life and not having experienced
MOTORCYCLE CRASH sexual relation.
2. Physical Virginity- a condition where a woman is
1. A motorcycle can attain a high speed compared conscious of the nature of the sexual life but has
with other ordinary road vehicle. not experienced sexual intercourse.
2. It has a small profile that the driver of other a. True Physical Virginity- the hymen is
vehicles may fall to see it. intact.
3. At high speed and frequently in curves, the b. False Physical Virginity- hymen is
cyclist may lose control of the brake. it may hit a unruptured but the orifice is wide and
fixed object, the tire may skid, or the cyclist may elastic.
be drunk. 3. Demi-Virginity- condition of a woman who
permits any form of sexual liberties as long as
Whenever the motorcycle strikes another vehicle or a fixed
they abstain from rupturing the hymen by sexual
object the injuries is quite severe because:
act.
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4. Virgo Intacta- a truly virgin woman. There are no lacerate without pain or
structural changes in her organ to infer previous appreciable bleeding.
sexual intercourse and that she is a virtuous c. As to number of opening:
woman. i. Single orifice
ii. Septate- two openings
PARTS OF THE FEMALE BODY TO BE CONSIDERED iii. Multiple- several openings
IN THE DETERMINATION OF THE CONDITION OF iv. Imperforate- no opening
VIRGINITY.
Virginity is NOT synonymous with Chastity.
1. Breast
2. Viginal Canal A woman may resort to many forms of
3. Labia Majora and Labia Minora homosexual as well as heterosexual practices without
4. Fourchette (present a V-shape appearance as losing her virginity, yet she may be unchaste.
the two labia minora unite posteriorly.)
5. Hymen B. DEFLORATION
a. As to the shape and size of the
opening: Defloration is the laceration or rupture of the hymen as a
i. Annular or Circular- the result of sexual intercourse.
opening is oval or circular
located at the center of the Parts of the female genitalia that must be examined to
hymen. determine defloration:
ii. Infantile- the opening is
1. Condition of the Vulva
small.
2. Fourchette
iii. Semilunar or crescentric- the
3. Viginal canal
concavity may be facing
4. Hymen- the fact that hymen is intact does
either side or upwards or
not prove absence of previous sexual
downwards.
intercourse and the presence of laceration
iv. Linear- the opening is slit-like
does not mean defloration.
and usually running vertically.
a. Other causes of hymenal
v. Cribiform- the hymen
laeration:
presents several openings
i. Passage of clotted blood
instead of a single one.
during menstruation
vi. Stellate- hymenal opening is
ii. Ulceration due to
like a star.
disease
vii. Septate- there are two
iii. Jumping or running
openings separated by a
iv. Falling on hard and
bridge of hymenal tissue.
sharp object
viii. Fimbriated- the border of the
v. Medical instrumentation
opening shows small
vi. Local medication
irregular protrusiontowards
vii. Self-scratching due to
the opening.
irritation
ix. Imperforate- no opening in
viii. Masturbation
the hymen.
ix. Insertion of foreign
b. As to structure and consistency:
bodies
i. Firm and with strong
x. Previous operation
connective tissue and plenty
of blood vessels. IN THE MEDICAL EXAMINATION OF THE HYMEN, THE
ii. Thick yielding hymen with FOLLOWING FACTS MUST BE INCLUDED;
scarce blood vessels.
iii. Membranous hymen- hymen a. General condition of the hymen
is parchment like, may be b. Original shape of the orifice (opening)
transparent and may be c. If lacerated, the following must be
noted:
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i. Degree of laceration DEATH RELATED TO SEXUAL ACT

(complete, incomplete or
complicated laceration) A. Death by male partner
ii. Location of laceration a. Death from natural cause- because of
iii. Duration of laceration(fresh increased blood pressure, tachycardia
bleeding, fresh healing, and hyperventilation due to emotional
healed with sharp coaptible response and muscular exertion.
borders without congestion or b. Death may be due to the defensive act
healed laceration with of the woman-victim.
rounded non-coaptible B. Death by female partner
borders and retraction of the a. The sexual intercourse might be done
edges.) in a relatively confined space like the
iv. Complications of laceration back of the seat of a car.
b. In case of oral sex (fellatio) wherein the
PSYCHOLOGICAL CONSIDERATION male penis is placed in the mouth of
the female partner. The Size and the
A. During sexual excitement length of the penis may cause total or
a. Local Changes – the parasymphatetic partial block of the air passage,
innervations of the sex organ is from causing asphyxia.
the 2nd , 3rd and 4th spinal sacral c. In case of cunnillingus (a prevented
segments, and the sympathetic sexual act wherein the male licks the
innervations is from the 11th thoracic female genital organ) the male partner
down to the 1st lumbar. Brrr brrr brrr may blow air in the vulva and may
b. Sysmetic effects: cause embolism especially when the
i. Increase of pulse rate woman is pregnant.
ii. Marked increase in blood d. Sadist who may not be sexually
pressure making its peak satisfied by sexual intercourse but by
during orgasm inflicting physical injuries to the partner
iii. An increase of peripheral .
flow of blood experienced as e. In concealing the crime.
an increase of body warmth f. The female may die of shock as a
iv. Tumescence- consequence result of the extreme trauma in case of
of this peripheral flow rape.
concentrating on erectile g. Hemorrhage.
tissue h. Infection
v. Increased respiration C. Death of BOTH partners
vi. A decrease in bleeding a. May be due to the performance of the
during arousal sexual act in an enclosed place with
vii. A decrease of sensory carbon monoxide or asphyxiant gas.
perception b. Homicide-suicide pact. Brrrr brr brr
B. During Orgasm
In the male, orgasm is the sensation Character of the Offended Party:
resulting from the contraction of the
smooth muscles of the genital and the -The person is guilty of rape if force and violence were
striated muscles of the pelvic floor used regardless of the good or bad morals of the offended
coinciding with ejaculation. party.
In the female, during orgasm, there is
contraction of the smooth muscles of Evidences of Force or Intimidation: or
the uterus and rhythmic contraction of
the viginal sphincter, the -Mere initial reluctance of the offended party or verbal
ischiocavernousus and the pelvic floor refusal alone will not prove force. Must be a manifested
musculature. Brrr brr brr and tenacious resistance.
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-Force, as an element in rape, need not be irresistible as c. Sexual act on a woman under the influence of
long as it brings the desired result. sex stimulating drugs
-If the offender is the father of the girl who is of a tender -if did not deprive her of reason, not
age, it is not necessary that there are signs that she put up rape (US v. Lung), BUT local courts
a determined resistance. would consider this as rape because actually deprived her
of reason
-Employment of force is established not only by testimony
of the injured girl but also by the signs of finger grips on the 2. The woman-victim is unconscious
front part of her neck, on the arms and the fact that the
garments worn at the time were torn and heavily stained a. Sexual act committed while the woman is on
with blood. her natural sleep
- Strong evidence of force is the presence of physical b. Sexual act on a woman suffering from sleeping
injures found on the person of the victim in the course of sickness - because woman is unconscious
medical examination. The victim may suffer all types of
physical injuries depending upon the resistance offered by c. Sexual act on a woman who is unconscious
her and the degree of force applied by the offender. because she was knocked-out
Rape Committed by Employment of Intimidation -if offender inflicted physical injuries on

a woman sufficient to make her
- Application of threat will cause fear in the victim of the unconscious before the sexual act was done
untoward consequence. If she will not accede to the will of
the offender, the crime may constitute intimidation. d. Sexual act after administration of narcotics or
other "knock out" drugs
-Intimidation purely subjective, cannot be proven by
medical evidence. 3. When the woman is under 12 years of age
Rape Committed by Depriving the Victim of Her -called statutory rape

Reason or Otherwise Made Unconscious
-regardless of whether or not force or intimidation
1. Deprival of Reason is applied or the child is not deprived of her
reasons or otherwise unconscious
a. Rape committed on insane or mentally
deficient woman -even if child consented or even if child a
prostitute
-victim: woman, 14 years of age,
feeble-minded and can only speak -reason: one must not take advantage of the
mono-syllables meager intelligence and incomplete physical
development of a child below the age of 12
-sexual intercourse with insane woman
-multiple rapes committed by each accused was
-BUT, sexual intercourse with a deaf- independent to others
mute woman is not rape in the
absence of proof that she is an imbecile -victim and accused must immediately be
examined by the physician to have a strong
-proof of mental condition of the victim medical evidence of rape, BUT lack of medical
by medical findings of the physician examination of victim NOT an
who needed indispensable element in the prosecution of rape.
WON it will prosper depend upon the
b. Rape committed while the woman is under the evidences offered.
influence of alcohol or other depressant drugs
-complaint for rape NOT valid unless it is a
-in the absence of decided cases, also complaint by the offended party. Information not
rape signed by the offended party is insufficient to
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confer jurisdiction on the court. Filing of complaint e. physical and mental development of
by father of a girl who is only 14 years old, the victim
sufficient compliance with RPC.
-height, strength and degree
Instances When Rape is Punishable by Death of muscular development of
woman must be
1. When by reason or on the occasion of the rape, the noted to determine whether
victim becomes insane she has capacity to resist
unlawful resistance
2. When the rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof -describe mental state of
victim
3. When by reason or on the occasion of the rape, a
homicide is committed f. examination of the body for signs of
violence
Medical Evidences in Rape
-signs of physical violence on
1. Evidences from the victim the body if actual force was
applied
-written consent from victim or guardian if not of
age, if confined on correctional institution by the head of -whole body subjected for
the institution inspection
-short history of the rape in writing -may use xray for bone
lesions
-the following must be recorded by the physician:
-determine of probable age of
a. date, time and place of the alleged the physical injuries-- does it
commission of rape correspond to the alleged
date of commission?
-to determine how
long has elapsed g. examination of the genitalia,
after alleged including the breast
commission of
crime before filed -breast roughly handled or
complaint or presence of finger marks,
subjected herself to nipples bitten, vulva
medical swelling, hymen fresh
examination lacerations etc.
-place: determine which court -in the pubic hair the ff may
can acquire jurisdiction be gathered:
b. date, time and place of the 1. pubic hair of
examination offender
-material to the determination 2. semen and
of the possible findings of the spermatozoa
physician on the victim
3. blood stains
c. condition of the clothings
4. body louse
d. physician must observe the gait, the
facial expression and the bodily and 2. Examination of the alleged offender
mental attitude of the subject
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a. physical development, mental condition and 1. Disturbances in the place of commission may infer or
strength affirm the statement of victim that she did offer resistance
-won offender can overpower the 2. Strands of hair, blood, seminal and other stains may be
resistance offered by the victim recovered to prove consummation and struggle
b. evidence of physical injuries 3. Pieces of personal belongings of offender and/or victim

may be recovered to prove consummation and struggle
-whole body must be examined
4. Investigation of witnesses who may possibly be material
-victim in the course of struggle may to the prosecution of the case may be conducted
have inflicted injurie upon him
EXAMINATION FOR SEMINAL FLUID AND
c. condition of the sex organ SPERMATOZOA
-blood, seminal stain, vaginal - Semen: the viscid, albuminous fluid with faint grayish-
epithelium and doderleins bacillus, yellow color, having the characteristic fishy odor, and
urethral meatus moist containing spermatozoa, epithelial cells, lecithin bodies and
other substances
d. evidence from pubi hair
-Spermatozoon: living organism, normally present in the
-matted together due to blood stains or seminal fluid consisting of a head, neck and tail. From 50-
seminal fluid discharge 55 microns in length. The head is ovoid and flattened when
viewed in front and pearshape when viewed on the profile.
-presence of body louse
-The ff specimens may be examimed for seminal fluid and
e. potency of the offender spermatozoa:
- defense that he is impotent 1. wearing apparel of the victim and alleged
accused
f. evidence of genital infection
2. vaginal smear from victim
3. Evidences form the companion of the victim
3. stains on the body of the victim and accused
a. history of the incident, won they are consistent
with narration of facts of victim 4. stains found at the site of the commission of
the offense
b. if companion helped victim when force was
applied by offender, companion must be PROCEDURE:
subjected to physical and medical examination
for physical injuries 1. Gross Examinations
c. examination of clothings a. Inspection by means of the naked eye or with
the use of the hand lens
d. to determine whether the companion might
have participated as an accomplice -stain is grayish-white to faint yellow in
color
e. mental condition, physical power, age and
emotional state to determine capacity to resist b. Inspection by means of Ultraviolet light
unlawful aggression from offender
-to make visible small seminal stains or
f. presence of alcohol or other depressants patches
Investigation of the Crime Scene: -shows bluish fluorescence
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2. Micro-chemical Examinations -test of unknown semen in the same

way as blood precipitin is done
-moisten portion of stained fabric with diluted hydrochloric
acid solution and let soaking stay for 1/2 to 5 hrs b. Seminal Grouping
depending on age of stain. Allow the liquid portion to dry on
the side. Perform any of the following: -test is of value for elimination
a. Florence Test: produced by the action of -positive result does not definitely imply
iodine on choline, not a proof of seminal fluid but only of that the person is owner of sperm in
the presence of some vegetable or animal substance, question, negative result: totally
positive result: merely presumptive evidence of small fluid, exclude alleged accused as possible
negative result: in all probability it is not that of the seminal owner of semen
fluid
How long after sexual intercourse can spermatozoa be
b. Berberio's Test: some allege this test is found in the vaginal canal? Short period of time in vagina
specific for spermatic fluid, reaction probably depends on but in uterus, differing views (2 or 3 days at most, 43 hours,
the presence of spermatic secretion 17 days, more than 2 weeks, 48 hrs after intercourse)
c. Puramen Reaction: based on the presence of Can a woman be raped while she is on her natural
spermine in the prostatic fluid, Puramen reaction is found sleep? Occasionally it may happen, but highly improbable.
to be very reliable and rather characteristic of seminal fluid Normal virgin: hard to conceive such could be committed,
BUT possible to woman who had several sexual
d. Acid Phosphate Test: semen produces a very intercourse and to those who have given birth
high phosphate activity as compared with other body fluids
Can a woman commit the crime of rape on a man?
the ff are needed: "commited by having carnal knowledge of a woman" thus,
no. BUT, under present laws, WOMAN CAN COMMIT
1. citrate buffer solution CRIME OF RAPE ON A MAN. (See crim :p)
2. suitable substrate Can rape cause death? Although not usual, introduction
of matured male sex organ into vagina of young girl may
3. diazonium salt produce injury sufficient to produce death. Death may be
due to hemorrhage brought about by laceration of vaginal
3. Microscopic Examinations canal, shock, subsequent infection such as gangrene or
peritonitis.
-presence of complete spermatozoon will
undoubtedly infer presence of seminal fluid, although Laceration of vagina with accompanying hemorrhage can
semen may be present without spermatozoa, such also occur even in adult women if man's sex organ is
as in cases of aspermia (semen without exceptionally big and sexual act was done roughly.
spermatozoa) or oligospermia (semen with few
spermatozoa) Can husband commit the crime of rape on his wife?
NO. Marriage is a license of the husband to have sexual
a. Dr. Hankin's Method intercourse with his wife. Purpose of marriage is
procreation and there can be no procreation if there is no
b. Gaguli's Method: best way to stain
sexual intercourse.
spermatozoa in India
However, if there is a decree of legal separation by the
4. Biological Examinations
court, husband may be guilty of rape on wife. Legal
a. Precipitin Test (Biological test of Farnum) separation does not dissolve the matrimonial tie between
husband and wife, but merely separation in bed.
-to determine whether semen is of
human origin or not The husband may also be guilty of rape on his wife if he is
a principal by cooperation or by inducement for the act
committed by another man.
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OTHER CRIMES AGAINST CHASTITY 2. Incestuous Qualified Seduction -
A. SEDUCTION a. Brother who seduces his sister
b. Ascendant who seduces his descendant
A. QUALIFIED SEDUCTION -seduction where there is blood relationship

between the seducer and the seduced. Father
Art. 337, Revised Penal Code - The seduction of a virgin seducing daughter or other descendants, or
over twelve years and under eighteen years of age, brother seducing sister.
committed by any person in public authority, priests, house
servant, domestic, guardian, teacher or any person who, in -In this type of seduction, woman seduced need
any capacity, shall be entrusted with the education or not be a virgin or may be more than eighteen
custody of the woman seduced, shall be punished by years of age and the penalty is higher
prision correcional in its minimum and medium periods.
basis: father and brother
The penalty next higher in degree shall be imposed upon obliged to lead the
any person who shall seduce his sister or descendant, descendant or sister to the
whether or not she be a virgin or over eighteen years of path of rectitude and
age. morality, but instead virtually
persuader her to become
Under the provisions of this Chapter, seduction is immoral or be a party to the
committed when the offender has carnal knowledge of any condemnable act
of the persons and under the circumstances described
therein. B. SIMPLE SEDUCTION:
Types of Qualified Seduction Art. 338. Simple seduction. — The seduction of a woman
who is single or a widow of good reputation, over twelve
1. Ordinary Qualified Seduction but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.
a. offended party must be a virgin
Elements:
b. offendede party must be over twelve years and
under eighteen years of age 1. The offended party is over 12 but less than 18 years of
age;
c. there must be sexual intercourse between the
offender and the offended party; and 2. The offended party must be single or a widow of good
reputation;
d. the sexual act was done through abuse of
authority or confidence 3. There must be sexual intercourse done by the offender
with her; and
(1) those who acted with abuse of
authority 4. The sexual act must be committed by means of deceit.
(a) Person in public authority  The statute making simple seduction a crime is
not to punish illicit intercourse, but to punish the
(b) Guardian seducer who by means of his promise of
marriage, destroyed the chastity of an unmarried
(c) Teahcher - need not be female of previous chaste character, and who
teacher, but same school
draws her aside from the path of virtue and
(d) Person who, in any rectitude, and then fails or refuses to fulfill his
promise. (People v. Iman)
capacity, is entrusted with the
education or custody of the
woman seduced
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Medical Evidences in the Crime of Seduction Art. 339. Acts of lasciviousness with the consent of the
offended party. — The penalty of arresto mayor shall be
 Medico-legal investigation of a victim of imposed to punish any other acts of lasciviousness
seduction is practically the same as in the case committed by the same persons and the same
of rape. circumstances as those provided in Articles 337 and 338.
Elements:
 Medical proofs on account of the application of
force, and conditions that will cause the victim to 1. The offender commits acts of lasciviousness;
be deprived of her reason or otherwise
unconscious are no longer relevant. 2. The offended woman must be over 12 but under 18
years of age, except when the victim is the sister or
descendant of the offender;
 When the issue of age of the victim becomes a
problem and its determination may be proved 3. The offender commits the act by abuse of authority,
through medical proofs confidence, relationship or deceit;
4. The victim must be a woman, virgin, single, or widow of

 When the alleged criminal act developed into good reputation, except when she is the sister or
pregnancy and birth of the child, the question of descendant of the offender where virginity is not required.
paternity may be necessary.
Medical Evidences in the Crime of Acts of Lasciviousness
B. ACTS OF LASCIVIOUSNESS  Like in the crimes of rape and

seduction, medico-legal investigation is
Acts of Lasciviousness are acts which tend to excite lust; involved in proving the lascivious act
conduct which is wanton, lewd, voluptuous or lewd itself and the other elements to
emotion. constitute the crime.
A. ACTS OF LASCIVIOUSNESS:
 Physical injuries may be suffered by
Art. 336. Acts of lasciviousness. — Any person who shall the victim on the part of the body where
commit any act of lasciviousness upon other persons of the lascivious act was committed.
either sex, under any of the circumstances mentioned in
the preceding article, shall be punished by prision
correccional.
Elements: C. ABDUCTION
1. The offender commits any acts of lasciviousness; Abduction is the carrying away of a woman by an abductor
with lewd design.
2. The lascivious act is done under any of the following
circumstances: Lewd design is the intent of the abductor to have sexual
intercourse with the woman abducted.
a. By using force or intimidation.
A. FORCIBLE ABDUCTION:
b. By depriving her of her reasons or otherwise
unconscious; Art. 342. Forcible abduction. — The abduction of any
woman against her will and with lewd designs shall be
c. When the woman is under 12 years of age; punished by reclusion temporal. The same penalty shall be
imposed in every case, if the female abducted be under
3. The offended party must be a person of either sex. twelve years of age.
B. ACTS OF LASCIVIOUSNESS WITH THE CONSENT Elements:

OF THE OFFENED PARTY:
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1. The victim abducted is a woman; B. CONCUBINAGE:
2. The abduction is against her will; Art. 334. Concubinage. — Any husband who shall keep a
mistress in the conjugal dwelling, or shall have sexual
3. The abduction is with lewd design. intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in any
B. CONSENTED ABDUCTION: other place, shall be punished by prision correccional in its
minimum and medium periods.
Art. 343. Consented abduction. — The abduction of a virgin
over twelve years and under eighteen years of age, carried Ways of Committing the Crime:
out with her consent and with lewd designs, shall be
punished by the penalty of prision correccional in its 1. Keeping a mistress in the conjugal dwelling;
minimum and medium periods.
2. Having sexual intercourse, under scandalous
Elements: circumstances, with a woman not his wife; or
1. The offended party must be a virgin; 3. Cohabiting with her in any other place.
2. The offended party must be over 12 but under 18 years PROSTITUTION
old;
Prostitutes are women who, for money or profit, habitually
3. The carrying away of the offended party is with her indulge in sexual intercourse or lascivious conduct.
consent; and
Reasons why some women become prostitutes:
4. The taking away must be with lewd design.
 Physiological and psychological traits;
D. ADULTERY AND CONCUBINAGE  Economic factors;
 Home and neighborhood;
A. ADULTERY:
 Influence of contraceptives
Art. 333. Who are guilty of adultery. — Adultery is
committed by any married woman who shall have sexual
Medico-legal Aspects of Prostitution
intercourse with a man not her husband and by the man
who has carnal knowledge of her knowing her to be  Prostitution is one of the venues in spreading
married, even if the marriage be subsequently declared venereal and other diseases
void. Adultery shall be punished by prision correccional in
 Evidences may be gathered to prove sexual or
its medium and maximum periods.
lascivious acts
If the person guilty of adultery committed this offense while Types of Prostitutes:
being abandoned without justification by the offended
1. Call girl;
spouse, the penalty next lower in degree than that provided
in the next preceding paragraph shall be imposed. 2. Hustler:
Elements: a) Bar or tavern ―pick-up:
1. The woman is married; b) Street walker
2. She has had sexual intercourse with a man not her 3. Door knocker;
husband; and
4. Factory Girl
3. The man with whom she had sexual intercourse knows
her to be married even if the marriage has subsequently Effects of Prostitution
been declared void.
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 Arrest and imprisonment; a superior officer;

 Venereal infection;
 Social ostracism; 2. Any warden or other public officer
 Poor personal hygiene; directly charged with the care and custody of
 Excessive use of alcohol; prisoners or persons under arrest who shall
 Irregular habit of eating and sleeping; solicit or make immoral or indecent advances to
 Demoralization and physical deterioration a woman under his custody.
If the person solicited be the wife, daughter, sister of

Medical Evidence in Prostitution- Genital examination relative within the same degree by affinity of any person in
required is the same as in any other sexual offense the custody of such warden or officer, the penalties shall be
prision correccional in its minimum and medium periods
Methods of Control: and temporary special disqualification.
1. Legalized but regulated; or Ways of Committing Abuse of Chastity:
2. Strict prohibition 1. By soliciting or making immoral or indecent advances to

a woman interested in matters pending before the
OTHER PERSONS INVOLVED IN THE BUSINESS OF offending officer for decision or with respect to which he is
PROSTITUTION ARE PUNISHED BY THE FOLLOWING required to submit a report to, or consult with a superior
PROVISIONS OF THE RPC: officer;
A. Corruption of Minors: 2. By soliciting or making immoral or indecent advances to

a woman under the offender’s custody;
Art. 340. Corruption of minors. — Any person who shall
promote or facilitate the prostitution or corruption of 3. By soliciting or making immoral or indecent advances to
persons underage to satisfy the lust of another, shall be the wife, daughter or relatives with the same degree by
punished by prision mayor, and if the culprit is a pubic affinity of any person in custody of the offending warden or
officer or employee, including those in government-owned officer.
or controlled corporations, he shall also suffer the penalty
of temporary absolute disqualification. (As amended by UNNATURAL SEXUAL OFFENSES AND SEXUAL
Batas Pambansa Blg. 92). ABNORMALITIES
B. White Slave Trade: Unnatural Sexual Offenses are not only a deviation to the
normal course of nature but also commonly observed
Art. 341. White slave trade. — The penalty of prision mayor manifestations of sexual perversion. Most of those persons
in its medium and maximum period shall be imposed upon suffering from the conditions do not exhibit criminal intent
any person who, in any manner, or under any pretext, shall but manifesting aberrations which may be a subject-matter
engage in the business or shall profit by prostitution or shall for the psychiatrist to treat.
enlist the services of any other for the purpose of
prostitution (As amended by Batas Pambansa Blg. 186.) Provisions of the Penal Code which may be Applicable to
Unnatural Sexual Offenses:
C. Abuse Against Chastity:
1. Grave Scandal:
Art. 245. Abuses against chastity; Penalties. — The
penalties of prision correccional in its medium and Art. 200. Grave scandal. — The penalties of arresto mayor
maximum periods and temporary special disqualification and public censure shall be imposed upon any person who
shall be imposed: shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any
1. Upon any public officer who shall other article of this Code.
solicit or make immoral or indecent advances to
a woman interested in matters pending before 2. Immoral doctrines, obscene publications and exhibitions:
such officer for decision, or with respect to which
he is required to submit a report to or consult with Art. 201. Immoral doctrines, obscene publications and
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exhibitions and indecent shows. — The penalty of prision

mayor or a fine ranging from six thousand to twelve 4. Any person who, not being included
thousand pesos, or both such imprisonment and fine, shall in the provisions of other articles of this Code,
be imposed upon: shall be found loitering in any inhabited or
uninhabited place belonging to another without
(1) Those who shall publicly expound any lawful or justifiable purpose;
or proclaim doctrines openly contrary to public
morals; 5. Prostitutes.
(2) (a) the authors of obscene
literature, published with their knowledge in any 4. Unjust vexation or any other coercion:
form; the editors publishing such literature; and
the owners/operators of the establishment selling Art. 287. Light coercions. — xxx xxx xxx
the same; xxx xxx xxx xxx xxx
(b) Those who, in theaters, fairs, Any other coercions or unjust vexations shall be punished
cinematographs or any other place, exhibit, by arresto menor or a fine ranging from 5 pesos to 200
indecent or immoral plays, scenes, acts or pesos, or both.
shows, whether live or in film, which are
prescribed by virtue hereof, shall include those SEXUAL ABNORMALITIES
which (1) glorify criminals or condone crimes; (2)
As to the Choice of Sexual Partner:
serve no other purpose but to satisfy the market
for violence, lust or pornography; (3) offend any 1. Heterosexual- sexual desire towards opposite sex.
race or religion; (4) tend to abet traffic in and use
of prohibited drugs; and (5) are contrary to law, 2. Homosexual- sexual desire towards same sex.
public order, morals, and good customs,
established policies, lawful orders, decrees and a) Overt- persons who re conscious o their
edicts; homosexual cravings, and who make no attempts
to disguise their intention.
(3) Those who shall sell, give away or
exhibit films, prints, engravings, sculpture or b) Latent- persons who may or may not be aware
literature which are offensive to morals. (As of the tendency in that direction but are inclined to
amended by PD Nos. 960 and 969). repress the urge to give way to their homosexual
3. Vagrants and Prostitutes: yearning.
Art. 202. Vagrants and prostitutes; penalty. — The 3. Infantosexual- sexual desire towards an immature
following are vagrants: person.
1. Any person having no apparent

means of subsistence, who has the physical a) Pedophilia- a form of sexual perversion
ability to work and who neglects to apply himself wherein a person has the
or herself to some lawful calling;
compulsive desire to have sexual intercourse
2. Any person found loitering about with a child of either sex.
public or semi-public buildings or places or A Pedophile may be:
trampling or wandering about the country or the
streets without visible means of support; a. Homosexual pedophile- may attempt
either oral or anal intercourse with his
3. Any idle or dissolute person who victim.
ledges in houses of ill fame; ruffians or pimps
and those who habitually associate with b. Heterosexual pedophile- may
prostitutes; attempt either oral, vaginal, anal,
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intracrural intercourse as well as cunnilingus, but 6. Gerontophilia- sexual desire with elder person.
attempts at vaginal penetration
are most common. 7. Necrophilia- a sexual perversion characterized by erotic
desire or actual sexual intercourse with a corpse.
Theories Why Adults become Interested in Children:
8. Incest- sexual relations between persons who, by reason
a. Emotional congruence- Children are sexually attractive of blood relationship cannot legally marry.
to adult:
As to Instinctual Strength of Sexual Urge:
 Children are non-dominant;
 Adults have low self-esteem, immaturity, 1. Over Sex:
socialization to male dominance or narcissism;
and a. Satyriasis- excessive desire of men to
intercourse;
 Unconscious impulse, compulsively to repeat
child-adult sex contact to master, and his or her b. Nymphomania- strong sexual desire of women
own early experience of child-adult sexual abuse.
2. Under Sex (Sexual frigidity):
b. Conditioning Modeling- behavioral modeling begins with a. Sexual anesthesia- absence of sexual desire
the early childhood experience, positive or negative, and is or arousal during sexual act in women.
conditioned by hormonal abnormalities, child pornography
and the misattribution of arousal as being only from b. Dyspareunia- painful sexual act in women.
children.
c. Vaginisimus- painful spasm of the vagina
c. Blockage- alternative sexual gratification may become during sexual act.
blocked due to poor social skills with adults of the opposite
sex, anxiety about sex, unresolved oedipal conflicts, d. Old age- weakening of sexual feeling in the
unavailability of or conflict with a committed partner, as well elderly.
as repressive social sexual norms.
As to Mode of Sexual Expression or Way of Sexual
d. Disinhibition- sexual controls may become disinhibited Satisfaction:
due to senility, dementia, mental retardation, psychosis,
drug or alcohol, impulse disorders, situational stress, failure 1. Oralism- the use of the mouth as a way of sexual
of incest avoidance, a general cultural acceptance. gratification.
4. Bestosexual- sexual desire towards animals.
a. Fellatio (Irrumation)- The female agent

receives the penis of a man into her mouth and by
5. Autosexual (Self-gratification or maturbation)- it is a form friction with the lips and tongue coupled with the act of
of ―self-abuse‖ or ―solitary vice‖ carried without the sucking initiates orgasm.
cooperation of another person.
b. Cunnilingus- sexual gratification is attained by
Types of Masturbation: licking or sucking the external female genitalia
a. Conscious Type- the person deliberately c. Anilism (anilingus)- a form of sexual perversion
resorts to some mechanical means of producing sexual wherein a person derives excitement by licking the
excitement with or without orgasm; anus of another person of either sex.
b. Unconscious Type- the release of sexual 2. Sado-masochism (Algolagnia)- pain or cruel act as a
tension may come about via the mechanism of factor for gratification.
nocturnal stimulation with or without emission, which
may also be considered as ―masturbation Sexual Abnormalities
equivalent‖.
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As to Instinctual Strength of Sexual Urge:  Necrosadism (Lust murder) – victim

dies; deviate has a strong homicidal
1. Over Sex: urge, suffering from organic brain
a. Satyriasis – excessive sexual desire of men disease, a schizo, epileptic or a
to intercourse psychopath
b. Nymphomania – strong sexual feeling of c. Masochism (Passive algolagnia) – pain or
women; ―hot‖ or ―fighter‖ humiliation from opposite sex is the primary
 Both are general expressions of compulsive factor for sexual gratification
neurosis.
3. Fetishism – real or fantasied presence of an
object or bodily part is necessary for sexual
2. Under-sex or Sexual Frigidity: stimulation and/or gratification
a. Sexual anesthesia – absence of sexual a. Anatomic – particular portions of the body
arousal during intercourse in women (ex. breasts, buttocks)
b. Dyspaureunia – painful sexual act in women b. Clothing – shoes, handkerchiefs,
c. Vaginismus – painful spasm of the vagina undergarments, etc.
during intercourse c. Necrophilic – near a dead body; may or may
d. Old age – weakening of sexual feeling in the not violate dead person
elderly; there is desire, but accomplishment d. Odor (Ospresiophilia) – pleasant or foul
is difficult; accompanied by odd behaviour odor
like exhibitionism, incest, homosexuality i. Urolagnia – sight of women urinating;
sometimes, even a desire to drink the
urine
As to Mode of Sexual Expression or Way of Sexual ii. Coprolognia – sight of women
Satisfaction: defecating
iii. Mysophilia – filth or excretion
1. Oralism – use of mouth
e. Pygmalionism – statues
a. Fellation (Irrumation) – female receives the
f. Manikinism – manikins
penis into her mouth, by friction with the lips
g. Narcissism – extreme admiration and love of
and tongue, coupled with the act of sucking,
one’s self; looking at the mirror and
initiates orgasm
appreciating oneself
b. Cunnilungus – licking and sucking the
h. Negative fetish – marked dislike for things
external female genitalia
i. Saboteur fetish – deviate does damage
c. Anilism (Anilingus) – licking the anus of
while he gets satisfaction (ex. cutting clothes
another; form of sexual perversion
or hair)
j. Incendiarism – from setting fire
2. Sado-masochism (Algolagnia) – pain or cruel act k. Vampirism – sight of blood
a. Flaegellation – act of whipping or being
whipped
As to the Part of the Body:
b. Sadism (Active algolagnia) – infliction of
pain on another is necessary or sometimes 1. Sodomy – sexual act through anus
the sole factor in sexual enjoyment 2. Uranism – fingering, fondling with breast, licking
i. Cannibalism – biting without flesh- parts of the body, etc.
eating, but with presumed unconscious 3. Frottage – compulsive desire of a person to rub
wish to consume his sex organ against some body parts of another
ii. Love bites – superficial punctuate (ex. rubbing or pressing organs against women’s
contusions seen usually at the side of buttocks in crowded places and pretends it is
the neck, breast, other body parts ―accidental‖)
caused by forcible sucking of the 4. Partialism – special affinity to certain part of the
mouth (teeth guarded by the lips) female body; usually, intercourse is merely
applied to the loose tissue secondary to satisfy the sexual desire; differs
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from frottage in that there may not only be 1. Transvestism (Sexo-esthetic inversion; Psychical
rubbing but actual intercourse hermaphroditism; Metamorphosis sexualis
paranoia) – male derives pleasure from wearing
female apparel and vice versa; generally
As to Visual Stimulus: harmless insofar as they have no desire to
assault anyone, but merely to attract attention
1. Voyeurism – compulsion to peep to see persons 2. Transexualism – identify themselves with the
undress or perform other personal activities and opposite sex as completely as possible and to
usually, masturbates in excess afterwards; discard forever their anatomical sex; hate their
―Peeping Tom‖ genitalia that sometimes they attempt to castrate
2. Mixoscopia (Scoptophilia) – watching a couple or mutilate themselves, take sex hormones or
undress or during their sex intimacies subject themselves to surgery
3. Intersexuality – genetic defect wherein an
individual shows intermingling of the
As to Number: (sexual deviation because more than two characteristics of both sexes including physical
persons are participating) form, reproductive organs, sexual behaviour
a. Gonadal agenesis – testes or ovaries have
1. Troilism (Menage a trois) – three persons are
never developed; determined very early in
participating in sexual orgies where the usual
fetal life
activity may be fellatio, kissing the buttock,
b. Gonadal dysgenesis – external sexual
―suixante-neuf‖ or 69, coitus; ―eternal triangle‖
structures are present but at puberty fail to
2. Pluralism – group of persons participate in sexual
develop
orgies; two or more couples perform intercourse
i. Klenefetter’s syndrome – male type
in one room and may agree to exchange for
where the anatomical structure is male,
―variety’s sake‖ during the ―sexual festival‖
but the nuclear sexing is female
(Chromatin positive); XXY
Other Sexual Deviates: chromosomes
ii. Turner’s syndrome – structurally and
1. Coprolalia – need to use obscene language to phenotypically female but the ovaries
obtain gratification; sometimes, go beyond are small; sterility with the absence of
uttering by making some writings and sketches the second X chromosomes
on the walls of toilets c. True hermaphroditism – bisexuality, having
2. Don Juanism – applied by psychiatrists to both ovaries and testicles; nuclear sex is
describe characteristics of promiscuity and usually female; sex character may be
making seduction of many women as part of his neutral or whichever is dominant
career; cannot find anyone to be a permanent d. Pseudohermaphrodite – anatomically of one
companion sex but the sex character is that of the
3. Indecent exposure (Exhibitionism) – wilful opposite sex
exposure in a public place of one’s genital organ i. Male pseudohermaphrodite –
in the presence of others, usually of the opposite gonads are testicles but the character
sex; with or without masturbatory act; women is effeminate
may expose themselves as in ―bubble and fan‖ ii. Female pseudohermaphrodite –
dances and the ―strip tease‖ acts in night clubs gonads are ovaries but the character is
 People v. Aparici (G.R. 13375): Dancer in a masculine
burlesque show in a night club was
apprehended and charged for immoral
exhibition because her act of dancing only CHAPTER XXII
wearing nylon panties and patches on her PREGNANCY
breasts corrupted those minds which were
susceptible to immoral influence. Introduction
Definition: state of a woman who has, within her body, the

Sexual Reversal: growing product of conception or a fecundated germ
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Commencement: from time egg cell is fertilized and Instances Why Some Women Claim Pregnancy Even if
terminates at the time such product is expelled or delivered None Exists:
Duration: 270-280 days from first day or onset of last 1. Ground for suspension of death sentence in a
menstruation; inasmuch as some authorities consider more woman
than two weeks as the life span of the spermatozoa in the 2. Lawful plea in mitigation when charged with theft
vaginal canal, it is hard to ascertain the exact date of the – kleptomania may be brought about by her
fertilization; no synchrony between coitus and fertilization temporary insanity due to conception
3. Ground for widow’s larger claim
 Abnormally Prolonged Gestation – extends to 300 4. Claim for the posthumous child
days 5. For black-mailing purposes or inducing a man to
 Minimum Period of Gestation Compatible with marry her
Viability of Child – a child born at 180 days of
gestation may live; child born before this period
may be born alive but is not viable or capable of Instances Why Some Women Deny the Existence of
living Pregnancy:
 Methods of Estimating the Date of Expected
Delivery: 1. No ground to become pregnant – unmarried,
1. From the date of the first day of the last divorced, living separately from husbands; to
menstruation, add seven days and count three defend moral and social reputation
months backward. 2. Defense when accused of infanticide or abortion
2. Count forward nine calendar months from the 3. Marriage inducement
date of the first day of the last menstruation
and add one week.
Medical Evidences of Pregnancy:
3. Count forty weeks or ten lunar months from the
date of the first day of the last menstruation. A. Presumptive or Probable Signs and
4. Determination of the level of the fundus of the Symptoms
uterus 1. Cessation of menstruation – it must be noted that
5. MacDonald Method – distance from the
a woman is capable of menstruating even during
symphysis pubis up to the fundus of the uterus pregnancy during the first three months; nursing
in centimters divided by 3.5 gives the age in mother may not menstruate
month gestation 2. Morning sickness
6. Date of the quickening – count ahead in 24 3. Changes in the breast
weeks multigravidas and 22 weeks in 4. Progressive enlargement of the abdomen – at
primagravidas from date of quickening; found
the end of the third month, the fundus of the
not to be reliable uterus is at the level of the brim of the pubic bone
5. Changes in color of the vagina and softening of
Legal Importance: the cervix
 Different Signs to Show Changing of Color:
1. Pregnancy is a ground for the suspension of the a. Jacquemin-Chadwick’s Sign – pale violet
execution of the death sentence in a woman. discoloration of the anterior wall of the
(Art. 83, RPC) vagina
2. A conceived child is capable of receiving b. Hegar’s Sign – bi-manual examination of
donation. (Art. 742, NCC) the gravid uterus shows extreme
3. A conceived child may exercise civil rights. (Arts. softening of the cervix
40-41, NCC) c. MacDonald’s Sign – softening of the
4. Concealment of the woman that she is pregnant isthmus, fundus of the uterus is anteflex
at the time of the marriage is a ground for d. Goodell’s Sign – cervix of the uterus feels
annulment of the marriage. (Arts. 85-87, NCC) as hard as the tip of the nose, no
pregnancy; but when as soft as the lips,
uterus is gravid
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6. Funic soufflé or Umbilical soufflé – whistling d. Read the results after two
sound synchronous with the fetal heart minutes.
7. Ballottement – feeling perceptible to the fingers 4. Interpretation of results:
on giving sudden impulse to the child through the a. No agglutination (homogeneous) –
neck of the uterus; hand placed on abdomen pregnant
8. Braxton-Hick’s Sign – rhythmical contraction and b. Agglutination (granular) – not pregnant
relaxation of the uterus, perceptible to the hand 5. Sensitivity – often possible within 5 days
on the abdomen after missed menstrual period; pregnancy
9. Bladder irritability or Frequent urination – usually will be diagnosed 12 days after the missed
at second month menstrual period
10. Capricious appetite 6. Remarks – fresh morning urine is preferable
11. Abnormality in pigmentation – especially in and suitable; if result is doubtful, repeat test
abdomen and perineum after a few days
12. Easy Fatigability – due to weight of the gravid
uterus and insufficiency of nutrient and oxygen
supply to the tissues due to a deviation of a B. Gravindex HCG Slide Test – same principle and
portion to the growing fetus procedure involved as PST; Gravindex is merely
a trade name
B. Positive Signs and Symptoms of Pregnancy:

1. Hearing of the fetal heart sounds (Mayor’s Sign) Signs of Pregnancy in the Dead: (additional findings to
– compared to ticking of a watch under a pillow; the objective signs already mentioned)
rate is 120-140 beats per minute
2. Outlining of the fetal parts – through palpation 1. Presence of ovum or fetus
3. Movement of the fetus (Quickening) – at the fifth 2. Findings on the uterus itself
month 3. Corpus Luteum – usually well-developed at the
4. X-ray Examination time of delivery
Laboratory Test for Pregnancy: Proofs of Pregnancy:

1. Laxity of abdominal wall.
A. Pregnancy Slide Test (PST) 2. Presence of Striae of pregnancy on the
1. Principle – an agglutination-inhibition abdominal wall.
reaction is used to demonstrate the 3. Perineum is lax with a scar if there was previous
hormone human chorionic gonadotropin laceration. Fourchette is markedly restracted.
(HCG) which is excreted into the urine 4. Vestige only of the hymen is present.
during pregnancy 5. Breast is lax with enlarged nipples.
2. Regeants: 6. Vaginal examination showed previous laceration
a. Pregnancy Slide Test antiserum – of cervix.
human HCG antiserum from rabbit
b. Pregnancy Slide Test antigen – HCG - Superfecundation is the fertilization made by
latex suspension, chemically-bound separate intercourses of two ova which have
3. Procedure: escaped at the same act of ovulation.
a. Place 1 drop of urine then 1 drop of - Superfoetation is the fertilization of two ova
PST antiserum 1 in one of the circles which have escaped at different acts of ovulation.
on the test slide and mix thoroughly. - Spurious Pregnancy is an imaginary pregnancy
b. Add 1 drop of PST antigen 2. usually observed among women nearing
Shake well and mix well. menopause or younger women who are very
c. Carefully agitate the slide with a desirous of having children. The patient may
circular motion to ensure that the imagine fetal movement which is in reality a
fluid revolves slowly within the muscle contraction.
circle.
Diagnosis of Fetal Death (Proof of Fetal Death):
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1. The size remains stationary even after the lapse 10. Cervix is the uterus is flabby, patulous and may
of a number of weeks or months. be torn.
2. Endocrine test for pregnancy is negative on more 11. Presence of lachial disahcrage.
than one occasion. 12. Evidence of placenta, umbilical cord and new-
3. Cessation of fetal movement after they have born child.
been felt. 13. Positive pregnancy slide test.
4. Absence of fetal heart sounds after repeated and
prolonged examination. CHAPTER XXIV
5. Palpation of softened macerated fetal head with ABORTION
bones freely movable on each other and the
scalp hanging over a loose sac. - Abortion is the expulsion of the contents of a
6. Breasts cease to be enlarged and become soft gravid uterus anytime before full term while
and flabby. others consider it as the forcible expulsion of the
product of conception anytime before the age of
- In the Philippines, menstruation begins at the age viability. Viability is at the point at which the
of 12-14 years old and ceases at the age of 45. fetus is potentially able to live outside of the
As long as the woman starts menstruating, she mother’s womb, albeit with respiratory aid.
has the potential of becoming pregnant.
Principal Elements of Abortion:
CHAPTER XXIII 1. That the expulsion of the product of conception is
DELIVERY induced.
2. That the fetus dies either as an effect of the
- Delivery is the process by which a woman gives violence used, drug administered or the fetus
birth to her offspring. was expelled before the term of its viability.
- The study of delivery is important because proof
of delivery is necessary in judicial action on: Clinical Types of Abortion:
legitimacy, abortion, infanticide, concealment of 1. Missed Abortion – an ovum destroyed by
birth, and in slander or libel. hemorrhage into the choriospace usually before
the 4th month of the pregnancy.
Methods of Delivery: 2. Threatened Abortion – hemorrhage without
1. Natural Route – expulsion of the products of dilatation of the internal os.
conception through the normal passage, that is 3. Inevitable Abortion – hemorrhage with dilatation
through the vaginal canal. if the internal os and the presence of rhythmical
2. Surgical Route – expulsion of the products of pain.
conception is not through normal openings of the 4. Incomplete Abortion – not all products of
female generative tract but through some artificial conception had been expelled from the uterus;
openings brought about by surgery. fragments or portions of which is retained.
5. Complete Abortion – the whole product of
Signs of Recent Delivery: conception is expelled.
1. Languid look, with pulse and temperature slightly
increased. Causes of Abortion:
2. Peculiar odor which is present up to the 10th day 1. Death of the fetus
of confinement. 2. Abnormality of the uterus
3. Changes in the breast (sensation of tightness in 3. Emotional condition
breasts and milk may be expressed). 4. Aborifacent drugs
4. Flaccidity of the abdominal wall. 5. Trauma whether direct or indirect
5. Linea Albicantes (Striae of Pregnancy) present in 6. Hormonal deficiency
the abdominal wall. 7. Acute specific fever and high temperature
6. Presence of Linea Negra.
7. Uterus is enlarged and palpable. Provisions of the RPC on Abortion:
8. Laxity of the perineum with possible tear. 1. Intentional Abortion (Elements)
9. Vaginal canal is lax and with possible lacerations. a. That the woman is pregnant.
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b. That violence was applied, or drug was woman brought about by the post-mortem
administered, or a person acts upon such contraction of the uterine muscles.
pregnant woman.
c. That the effect of such violence, drug, or Reasons why some people procure Abortion:
acts of the offender, the fetus dies or is 1. Preserve the life and health of the pregnant
expelled. woman.
d. That the offender has the intention to abort 2. Terminate prematurely illegitimate pregnancy in
the pregnant woman. order to conceal the dishonor of the woman.
3. Financial difficulty.
2. Unintentional Abortion (Elements) 4. To preserve body form.
a. The woman must be pregnant.
b. Violence was applied on such pregnant How Abortion is Induced or Procured:
woman without the intention of aborting her. 1. By General Violence – includes intentional
c. The woman aborted as a result of the violence, exerting strong physical efforts and
violence. other forms of strenuous and exhaustive
exercises.
3. Abortion practiced by the woman herself or by 2. By Local Violence – violence is applied in any
her parents (Elements) portion of the generative organ. This is usually
a. The woman is pregnant. resorted to when general violence and the use of
b. Abortion is intended to be committed. drugs fails to give the desired result. Local
c. Abortion is induced by: violence may be applied by the pregnant woman
(1) The pregnant woman herself. herself, by the physician, midwife or the parents.
(2) Other persons with the consent of the 3. By the Use of Drugs
pregnant woman herself. 4. By Surgical Intervention
(3) The parents of the woman, or either of 5. Modern Methods like Amniocentesis and
them for the purpose of concealing her Vacuum Suction
dishonor and with the consent of the
Complications of Abortion
woman herself.
1. Immediate Untoward Effects:
4. Abortion practiced by a physician or midwife and
dispensing abortive (Elements) a. Shock – may be due to the laceration
a. The woman is pregnant. of the uterus or the adjacent organ like
b. The physician induced or assisted in the bladder, rectum, intestine or blood
causing the abortion with the use of vessels. The injury may be due to the
scientific knowledge. introduction of instruments or the
c. The acts done by the physician or midwife application of hot fluid or corrosive
was intended to cause abortion. substances.
b. Hemorrhage and Anemia – Adherent
Kinds of Abortion: placental tissue, infection, presence of
1. Spontaneous Abortion – occurs without any foreign bodies and atony of the uterus
form of inducement or intervention. may cause hemorrhage for failure of
2. Induced Abortion – this will not take place had it the uterine muscles to contract.
not been for some form of inducement or
intervention. Induced abortion may be: c. Embolism: (1) Air Embolism (2) Fat
a. Therapeutic Abortion – abortion purposely Embolism (3)Thrombo-Embolism (4)
done to preserve the life of the mother. Bacterial Embolism
b. Criminal Abortion – done without d. Infection – Pathogenic organism may
therapeutic indication but with criminal intent be introduced into the uterus and
is punishable by law. produce systemic symptoms. If death
occurs, signs of toxemia may be
- Post-mortem Abortion is the expulsion of the observed at autopsy.
product of conception after death of the pregnant
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e. Poisoning – Lysol, corrosive 2) Examine the external os

sublimate, iodine solution are for softness, tear and
frequently used for vaginal douche and discharge.
may cause systemic poisoning.
3) Note the size of the
f. Vaginal Inhibition – Sudden dilatation uterus, its consistency
of the cervix due to the introduction of and location.
some objects may cause sudden
c. Examination of the instrument used for
collapse due to reflex inhibition of the
the presence of blood, placental tissue
vagus nerve.
or fetal parts.
g. Perforation of the bladder or any of
d. History – Note the state of health
the neighboring organs
beforehand after abortion. Inquire as to
2. Delayed Untoward Effects the motive of the abortion and history
of having ingested with abortives.
a. Infection – The infection may originate
from the vaginal canal or from the e. Signs of previous pregnancy:
blood stream coming from a focus of
1) Condition of the breasts
infection in the body.
2) Laxity of the abdominal
b. Fistula Formation – Communication
wall
between the vagina or the uterus with
the rectum or bladder may be an after 3) Paleness of integument
effect of perforation due to
instrumentation. 4) General body weakness
5) Presence of
c. Sterility – Plugging of the fallopian
characteristic lochial
tubes, infection of the ovaries may
discharge and odor
cause sterility.
d. Pelvic Adhesion – Infection and 6) Palpability of the uterus
trauma may cause the uterus or vagina and laceration of the
cervix and perineum
to become adherent to the surrounding
organs or tissues. f. Examination of the expelled product of
conception
Medical Evidences of Abortion
1) Blood examination for
1. Medical Evidences of Abortion in the Living
maternity and paternity
a. Presence of external signs of violence
in the form of contusions, abrasions, 2) Marks of instrumentation
hematoma, open wounds of whatever 3) Signs of physical
form on the body surface if induced by violence
general violence. If violence is applied
locally in the generative tract, injuries of 4) Proof of viability or non-
whatever form or description may be viability of the fetus
seen therein 5) Presence of abortives
b. Examination of the generative tract: and other toxic materials
in the fetal blood
1) Appearance of the
external genitalia and 6) Presence or absence of
vagina may show malformation
laceration, contusion, 7) Completeness of the
abrasions and other placenta
marks of
instrumentation. 8) Other identifying marks
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g. Laboratory test for pregnancy following: (1) infection (2)

stage of pregnancy (3) other
h. Testimony of the physician who
complication of abortion.
completed the abortion or of other
persons who witnessed the criminal act e. Biological test
2. Medical evidence of abortion in the dead: 1) Paternity test
 Aside from the evidences of abortion in 2) Test for
the living which may be found in the pregnanc
dead, the following may be observed at
f. Examination of some
autopsy:
untoward effects of
a. Evidence of abortion: (1) infection,
instrumentation toxemia or bacteremia (2)
embolism (3) fistulae
 This will include the formation (4) pelvic
presence of adhesions.
punctured wounds
in the placenta, Therapeutic Abortion
presence of
 An abortion which the law allows under
remnants of the
some justifications
placenta inside the
uterine cavity, Legal Justification to Therapeutic Abortion
presence of
perforation of the  Art. 11, No. 4, Revised Penal Code
uterus. o Any person who, in order to
b. Examination of stomach avoid an evil or injury, does
and its contents: an act which causes damage
to another, provided that the
 Abortifacent drugs following requisites are
and other irritants present: (1) that the evil
may be found sought to be avoided actually
inside the stomach exists; (2) that the injury
upon chemical feared be greater than that
examination. done to avoid it; (3) that there
be no other practical and less
c. Examination of the kidneys
harmful means of preventing
and other organs for
it.
irritants
 In the performance of an abortion, two
 Like the stomach
lives are involved, namely, the life of
and its contents,
the mother and the life of the fetus.
other organs like
One life must be sacrificed to save the
the kidneys, liver,
life of another in case of therapeutic
spleen must be
abortion.
subjected to a
qualitative and  The evil sought to be avoided is the
quantitative danger on the life of the mother if such
examination for the pregnancy will be allowed to continue.
presence of irritant Such evil may be infection, organic
poisons. condition or abnormality existing on the
person of the woman and which under
d. Examination of uterine
ordinary course of event will cause
contents - Remnant of the
death.
product of conception for the
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 In the evaluation as to whose life must 2. Abortion in order to be justifiable must be

be spared, it is a common concept that performed to save the life or to preserve the
the life of the mother must be preferred health of the mother. But modern advancement
than that of the unborn child. A of medical science has reduced the number of
conceived child is not definitely sure of diseases which will endanger the life and health if
its independent existence while the pregnancy is allowed to progress to full term. A
mother has already manifested real life. physician must exercise due diligence in
considering a disease or a combination of
Grounds for Therapeutic Abortion: diseases or conditions as grounds for the
1. Cardio-vascular conditions as congestive heart therapeutic abortion.
failure, auricular fibrillations, repeated 3. Abortion must be performed openly in a hospital
hemoptysis, paroxysmal tachycardia. to avoid suspicion that it was done for some
2. Renal conditions as chronic nephritis, previous cause other than to save the life of the mother.
eclampsia, pyelitis, tuberculosis Abortion performed in a private clinic wherein
3. Pulmonary conditions as advanced tuberculosis. there are no sufficient facilities to cope with
4. Blood condition as severe anemia. emergency which may arise in the course of the
5. Gynecological conditions as refractory chorea operation may be a ground for malpractice.
gravidarum.
6. Organic nervous conditions as psychosis. 4. It is advisable to have the opinion of other
7. Miscellaneous conditions as diabetes, competent physicians as to the justifiability of
exophthalmic goiter. such therapeutic abortion. The opinion of one
8. Hereditary conditions as insanity. might be influenced by prejudice and
misjudgment.
Is the eminent danger of committing suicide on account of
her existing pregnancy be a ground to induce therapeutic 5. Enlightened and expressed consent must be
abortion to save the life of the woman? obtained from the woman herself if she has no
impediment to give consent. It is advisable to
 Hatchard v. State (48 N.W. 380 Wis.) a woman have also the consent of the husband, inasmuch
who threatened to commit suicide unless she as abortion will affect marital relationship.
could be relieved of the child with which she was
pregnant does not present such a necessity for Reasons Why It Is Difficult to Prosecute Physicians
the performance of the operation to save the life Committing the Crime of Abortion
of the woman. The intention of the law applies 1. The crime is performed clandestinely by an
only to cases where death of the mother might intelligent being who is fully aware of his criminal
reasonably be anticipated from natural causes act.
unless the product of conception is destroyed.
2. The physician has several medical reasons to
 In a case cited by Camp and Purchase (Practical justify his act. There is no hard and fast rule in
Forensic Medicine, p. 32, 1957), a married medicine. He may claim that there is medical
woman with unstable character finding herself justification to such abortion because the woman
pregnant, threatened to commit suicide. The is suffering from a disease which might imperil
physician whom she repeatedly made her threat her life if pregnancy will be allowed to progress to
during her unexpected visits referred her to a full term.
psychiatrist who recommended abortion. The
operation was carried on by a reputed 3. In most cases, the products of conception
gynecologist but unfortunately, the patient died of removed which may be utilized as corpus delcti
gangrene of the uterus. The coroner did not in the crime is lost.
recommend prosecution because the operation 4. The pregnant woman herself is in connivance
was done to save the life of the mother. with the physician and it is quite difficult to let her
Safeguards to be Observed by Physician in Performing testify truthfully as to the actual happening. She,
Therapeutic Abortion: herself, is in pari delicto to the crime of criminal
abortion.
1. The lawful abortion must be performed by a
licensed physician or surgeon.
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5. Medical society seems to have a lukewarm a. Still Birth – when the child has not breathed or
attitude in helping the state prosecute the has not shown any sign of life after being
abortionist. completely born.
CHAPTER XXV  Causes of Still Birth

BIRTH 1. Immaturity
2. Congenital diseases
Legal Importance of the Study of Birth or malformation
3. General debilitating
1. Birth determines personality: diseases (acute
 Art. 40,Civil Code: Birth determines specific infection,
personality; but the conceived child toxemia, kidney
shall be considered born for all disease, acute liver
purposes that are favorable to it, disease, septicemia)
provided it be born later with the 4. Local disease of the
conditions specified in the following generative organ
article. (syphilis; ablation
 Art. 41, Civil Code: For civil purposes, placenta, intra-
the foetus is considered born if it is placental
alive at the time it is completely hemorrhage, or
delivered from the mother’s womb. extensive infarction;
However, if the foetus had an intra- kind of the cord;
uterine life of less than seven months, placenta previa
it is not deemed born if it dies within 5. Accidents in the
twenty-four hours after its complete delivery
delivery from the maternal womb. 6. Violence, either
2. Appearance of a child is a ground for the deliberate or
revocation of donation: accidental at birth.
 Art. 760, Civil Code: Every donation b. Live-Birth – the child after birth exhibited clear
inter vivos, made by a person having signs of vitality and viability is not necessary.
no children or descendants, legitimate
or legitimated by subsequent marriage,  In law, the presumption is every newborn
or illegitimate, may be revoked or child found dead was born dead. The
reduced as provided in the next article, burden of proof lies on those who declare
by the happening of any of these otherwise. To have a child acquire a
events. (1) if the donor, after the personality distinct as that of the mother,
donation has legitimate or legitimated there must be proof of life after complete
or illegitimate children, even though separation from the mother’s womb.
they be posthumous.
3. Proof of live-birth must first be shown before  Proofs of Live Birth
death of the child by the prosecution in the case 1) Presence of Heart Action and
of infanticide: Circulation
 Art. 255, RPC – Infanticide: The
2) Movement of the Child and Crying
penalty provided for parricide (reclusion
perpetua to death) in article 246 and for 3) Presence of Respiration
murder (reclusion temporal in its
maximum period to death) in article 4) Examination of the Stomach and
248 shall be imposed upon any person Intestine
who shall kill any child less than three 5) Changes in the Middle Ear
days of age. (Wredin’s Test: The middle ear of
Birth may be: the a child before birth is filled with
gelatinous, embryonic connective
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tissue. This disappears after the

birth of the child.))
6) Condition of the Skin
7) Marks of Violence
8) Changes in the Umbilical Cord
9) Condition of the Heart and Blood
Vessels
Proof of Live-Birth can be deduced in the following:
1) Well-developed signs of breathing
2) Presence of air or food in the stomach
3) Changes having taken place in the region of
the umbilicus
If born alive, how long did the child survive?
If Born Alive, How Long Did the Child Survive?
 It is not possible to determine the exact  It is not possible to determine the exact length of
length of time the child has lived after birth, time that the child has lived after birth.
but an approximate idea may be formed  An approximate may be formed after
after consideration of the following points: consideration of the following points:
1. Changes in the skin
1) Changes in the skin a. At birth – body of the child is
2) Presence of caput succedaneum bright-red in color; covered
with vernix caseosa which
3) Changes in the umbilical cord may be present up to 2 days
4) Changes in the circulation b. At a week’s time – normal
color of the skin
Signs of Maturity of the Child at Birth c. First 3 days after birth –
1. Length of the fetus – 50 centimeters exfoliation of the skin in the
abdomen
2. Weight – 3.0 kilos 2. Presence of Caput Succedaneum
3. Lanugo hair almost disappeared a. If present – the child was
born with head presentation
4. Limbs and body plump b. There are color changes in
5. Face lost its wrinkles the course of its absorption
c. The Caput lasts up to the 7th
6. Skin covered with vernix caseosa day
7. Head covered with hair about 2 inches long
Proof of Live-Birth can be deduced in the following:
1. Well-developed sings of breathing

2. Presence of air or food in the stomach
3. Changes having taken place in the region of the
umbilicus
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If the crime penalized in this article be committed

3. Changes in the Umbilical Cord by the mother of the child for the purpose of
a. Mummification of the cord concealing her dishonor, she shall suffer the
does not occur if the child is penalty of prision correccional in its medium and
submerged in water after maximum periods, and if said crime be
birth committed for the same purpose by the maternal
b. A mummified cord may again grandparents or either of them, the penalty shall
be soft after continuous be prision mayor.
soaking in water
4. Changes in the Circulation Penalties
a. Umbilical artery begins to
contract – about 10 hours  If killing done by parents, grandparents, or other
after birth direct ascendants  penalty: parricide
b. Umbilical vein and ductus  If killing done by any other person  penalty:
venosus obliterate – 4th and murder
5th day  If killing done by mother or maternal
c. Ductus arteriosus – on the 3rd grandparents for the purpose of concealing her
day dishonor  lenient penalty
d. Foramen ovale closes on the
2nd or 3rd month
Problems:
Signs of maturity of the child at birth 1. Infancy is the period in the life of a child from
birth up to one year.
1. Length of the fetus – 50 cm a. Why is the crime of infanticide applied
2. Weight – 3 kg only to kiiling of less than 3-day old
3. Lanugo hair almost disappeared infant rather than within the 1st year of
4. Limbs and body plump the life of the child?
5. Face lost its wrinkles 2. When the head and neck of the child are already
6. Skin covered with vernix caseosa (waxy or out of the birth canal and the child has breathed
cheese-like white substance found coating the through the lungs but the child is not yet capable
skin of newborn human babies) of independent existence and it was deliberately
7. Head covered with haird about 2 inches long put to death, is it considered infanticide?
8. Nails project from the fingers; toe-nails reach 3. When a child was born less than 7 months of
only to the end uterogestaton. With modern neonatal
9. One or both testes are in the scrotum, or labia management, the child had all the chances to
have close the vulva live. After a few hours after birth, the chold was
10. Lower end of femur may show center of deliberately killed. Is the killing a case of
ossification about 0.6 cm in diameter infanticide? Can the crime of infanticide be
committed on someone who is not yet a person
as contemplated by law?
CHAPTER XXVI
INFANTICIDE (NEONATICIDE)
Motives for committing infanticide
Infanticide - The killing of a child less than 3 days old.
1. To conceal dishonor (single, widowed, estranged
RPC. Art. 255. Infanticide. — The penalty from husband, living separately from husband)
provided for parricide in Article 246 and for 2. Financial reason
murder in Article 248 shall be imposed upon any 3. Desired number of children has already been
person who shall kill any child less than three attained (substitute for ineffective family
days of age. planning)
4. Congenital abnormality of the child
5. Mental abnormality of the parent
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6. Belief that child will bring bad luck to the family a. Presence of marks of physical violence
(fingernail marks at the neck)
b. Abrasion
Criminological Characteristics of infanticide c. Contusion
d. Hematoma
1. Most often committed by the mother e. Lacerated wounds
2. Almost always committed at home f. Ligature or pressure marks on the neck
3. Crime scene: no manifest disturbance, no 2. Examination of mouth and upper portion of the
witnesses, no noise, no outcry alimentary tract (the tubular passage extending
4. Trauma applied is so minimal from the mouth to the anus, through which food
5. A newly born child found dead was born dead. is passed and digested)
Burden of proof that a living child has been killed a. Can show signs of poisoning
is placed on the prosecution 3. In case of poisoning, the organs must be
preserved and sent to a competent toxicologist
for proper analysis
What must be proven by evidence 4. Laceration or other injury of the upper portion of
air passage
1. That the child was born alive
5. Lungs may show signs of drowning
2. That the child was deliberately killed
6. Fracture of the bones, laceration of the internal
3. That the child killed was less than 3 days old
organs
How Infanticide is committed
1. By omission or neglect
CHAPTER XXVII
a. Failure to ligate the umbilical cord (if
PATERNITY AND FILIATION
not cut or not tightly ligated, child may
bleed to death)
Paternity – civil status of the father with respect to the
b. Failure to protect the child from heat
child begotten by him
and cold (depriving the child of
necessary clothing) Filiation – civil status of the child in relation to its mother or
c. Failure to take the necessary help of a father
midwife or a skilled physician
d. Failure to supply the child with proper Legal importance of determining paternity and filiation
food (child starved to death)
e. Failure to remove the child from the 1. For succession
mother’s discharge which resulted to a. Right of legitimate children is different
suffocation from that of illegitimate childrem
2. By commission 2. For enforcement of naturalization and
a. Inflicting physical injuries (use of immigration laws
kitchen utensils, hard or sharp objects) a. Naturalized citizens give ipso facto
b. Suffocation Philippine citizenship to their minor
c. Strangulatioin children. Thus, the minors must prove
d. Drowning (child disposed in a that they are legitimate children of the
sewerage disposal in a creek) naturalized citizen.
e. Poisoning b. A minor child of a naturalized or
f. Burning permanent resident alien may be given
g. Delibreate exposure to heat cold (direct the right to land in the Philippines upon
sunshine, basin of cold water) proof that he is a legitimate child of the
latter.
Post-mortem findings in cases of infanticide
1. Complete examination of skin surfaces

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(Hello blockmates, the book used provisions from the Civil legitimacy or may have been sentenced as an
Code re: Paternity and Filiation but I think we now use the adulteress.
Family Code for this so I will put here the relevant FC d. If the marriage is terminated and the mother
provisions instead. Thanks.) contracted another marriage within three hundred
days after such termination of the former
Kinds of Children marriage, these rules shall govern in the absence
of proof to the contrary:
1. Legitimate Children i. A child born before one hundred eighty
days after the solemnization of the
a. Who are considered legitimate children subsequent marriage is considered to
i. Children conceived or born during the have been conceived during the former
marriage of the parents marriage, provided it be born within three
ii. Children conceived as a result of artificial hundred days after the termination of the
insemination of the wife with the sperm of former marriage;
the husband or that of a donor or both are ii. A child born after one hundred eighty
likewise legitimate children of the days following the celebration of the
husband and his wife, provided, that both subsequent marriage is considered to
of them authorized or ratified such have been conceived during such
insemination in a written instrument marriage, even though it be born within
executed and signed by them before the the three hundred days after the
birth of the child. The instrument shall be termination of the former marriage.
recorded in the civil registry together with e. The legitimacy or illegitimacy of a child born after
the birth certificate of the child. three hundred days following the termination of
b. Grounds to impugn legitimacy of a child: the marriage shall be proved by whoever alleges
i. That it was physically impossible for the such legitimacy or illegitimacy.
husband to have sexual intercourse with f. The action to impugn the legitimacy of the child
his wife within the first 120 days of the shall be brought
300 days which immediately preceded the i. Within 1 year from the knowledge of the
birth of the child because of: birth or its recording in the civil register, if
1. the physical incapacity of the the husband or, in a proper case, any of
husband to have sexual his heirs, should reside in the city or
intercourse with his wife; municipality where the birth took place or
2. the fact that the husband and was recorded.
wife were living separately in ii. If the husband or, in his default, all of his
such a way that sexual heirs do not reside at the place of birth as
intercourse was not possible; or defined in the first paragraph or where it
3. serious illness of the husband, was recorded, the period shall be two
which absolutely prevented years if they should reside in the
sexual intercourse; Philippines; and three years if abroad.
ii. That it is proved that for biological or iii. If the birth of the child has been
other scientific reasons, the child could concealed from or was unknown to the
not have been that of the husband, husband or his heirs, the period shall be
except in the instance provided in the counted from the discovery or knowledge
second paragraph of Article 164; or of the birth of the child or of the fact of
iii. That in case of children conceived registration of said birth, whichever is
through artificial insemination, the written earlier.
authorization or ratification of either g. The heirs of the husband may impugn the filiation
parent was obtained through mistake, of the child within the period prescribed in the
fraud, violence, intimidation, or undue preceding article only in the following cases:
influence. i. If the husband should died before the
c. The child shall be considered legitimate although expiration of the period fixed for bringing
the mother may have declared against its his action;
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ii. If he should die after the filing of the (3) continuous years prior to the filing of
complaint without having desisted the application for adoption and maintains
therefrom; or such residence until the adoption decree
iii. If the child was born after the death of the is entered, that he/she has been certified
husband. by his/her diplomatic or consular office or
any appropriate government agency that
2. Legitimated Children he/she has the legal capacity to adopt in
a. Children conceived and born outside of wedlock his/her country, and that his/her
of parents who, at the time of the conception of government allows the adoptee to enter
the former, were not disqualified by any his/her country as his/her adopted
impediment to marry each other may be son/daughter: Provided, Further, That the
legitimated. requirements on residency and
 Legitimation shall take place by a certification of the alien's qualification to
subsequent valid marriage between adopt in his/her country may be waived
parents. The annulment of a voidable for the following:
marriage shall not affect the legitimation. 1. a former Filipino citizen who
 Legitimated children shall enjoy the same seeks to adopt a relative within
rights as legitimate children. the fourth (4th) degree of
 The effects of legitimation shall retroact to consanguinity or affinity; or
the time of the child's birth. 2. one who seeks to adopt the
 The legitimation of children who died legitimate son/daughter of
before the celebration of the marriage his/her Filipino spouse; or
shall benefit their descendants. 3. one who is married to a Filipino
 Legitimation may be impugned only by citizen and seeks to adopt
those who are prejudiced in their rights, jointly with his/her spouse a
within five years from the time their cause relative within the fourth (4th)
of action accrues. degree of consanguinity or
affinity of the Filipino spouse; or
iii. The guardian with respect to the ward
3. Adopted Children after the termination of the guardianship
a. Who may adopt and clearance of his/her financial
i. Any Filipino citizen of legal age, in accountabilities.
possession of full civil capacity and legal iv. Husband and wife shall jointly adopt,
rights, of good moral character, has not except in the following cases:
been convicted of any crime involving 1. if one spouse seeks to adopt
moral turpitude, emotionally and the legitimate son/daughter of
psychologically capable of caring for the other; or
children, at least sixteen (16) years older 2. if one spouse seeks to adopt
than the adoptee, and who is in a position his/her own illegitimate
to support and care for his/her children in son/daughter: Provided,
keeping with the means of the family. The However, that the other spouse
requirement of sixteen (16) year has signified his/her consent
difference between the age of the adopter thereto; or
and adoptee may be waived when the 3. if the spouses are legally
adopter is the biological parent of the separated from each other.
adoptee, or is the spouse of the adoptee's v. In case husband and wife jointly adopt, or
parent; one spouse adopts the illegitimate
ii. Any alien possessing the same son/daughter of the other, joint parental
qualifications as above stated for Filipino authority shall be exercised by the
nationals: Provided, That his/her country spouses.
has diplomatic relations with the Republic b. Who may be adopted
of the Philippines, that he/she has been
living in the Philippines for at least three
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i. Any person below eighteen (18) years of

age who has been administratively or a. Adulterous Children:
judicially declared available for adoption; - children conceived in an act of
ii. The legitimate son/daughter of one adultery or concubinage.
spouse by the other spouse;
iii. An illegitimate son/daughter by a qualified b. Sacrilegious Children:
adopter to improve his/her status to that -children born of parents who have
of legitimacy; been ordained in sacris (priest and nun).
iv. A person of legal age if, prior to the
adoption, said person has been c. Incestuous Children:
consistently considered and treated by -children born by parents who are
the adopter(s) as his/her own child since legally incapable of contracting valid marriage
minority; because of their blood relationship.
v. A child whose adoption has been
previously rescinded; or d. Manceres:
vi. A child whose biological or adoptive -children conceived by prostitutes.
parent(s) has died: Provided, That no
proceedings shall be initiated within six Civil Liability of Persons Guilty of Crimes Against Chastity:
(6) months from the time of death of said  Art. 345, Revised Penal Code:
parent(s). Persons guilty of rape, seduction or abduction
shall also be sentenced:
4. Illegitimate Children 1. To indemnify the offended woman.
a. Children conceived and born outside a valid 2. To acknowledge the offspring,
marriage are illegitimate, unless otherwise unless the law should prevent him from
provided in this Code. so doing.
3. In every case to support the
offspring.
B. Illegitimate Children
 Those who were born out of lawful wedlock or  The adulterer and the concubine may also be
after a competent time after its dissolution. sentenced, in the same proceeding or in a
separate civil proceeding, to indemnify for
1. Natural Children: damages caused to the offended spouse.
 In cases of multiple rape, the offenders may not
a. Natural Children (Proper): be required to recognize the offspring.
-those born outside wedlock of parents
who, at the time of the conception of the former,  If the woman abused is married, the child born
were not disqualified by any impediment to marry subsequently cannot be recognized and support
each other (Art. 269, Civil Code). cannot be demanded from the offender.
b. Natural Children by Legal Fiction:

-those children born out of void Evidence of Paternity and Filiation
marriages or those born of voidable marriages
after the decree of annulment. A. Medical Evidences
c. Natural Children by Presumption: 1. Parental Likeness:

-those natural children acknowledged -Heredity transmits traits and
by the father or the mother separately if the characteristics from parents
acknowledging parent was legally competent to to the offsprings.
contract marriage at the time of conception. -There must be some gross
manifestation of the children
2. Spurious Children: which may be in common
 Illegitimate children who are not natural. with the father.
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2. Blood Grouping Test: 4. Evidences from the Father:

-blood type of the child is a a. Proof of Physical Potency
possible product of the and Fertility:
parents  not conclusively -medical
show that the child is born by examination must
such parents. be done whether
-blood type of the child is not husband is capable
the possible product of the of erection.
parents  conclusively show -examination of
that the child is not that of the spermatozoa in the
husband. seminal fluid is
necessary to
3. Evidences from the Mother: determine fertility.
a. Proofs of Previous -presence of
Delivery: disease, congenital
-supposed mother or acquired
may be subjected abnormalities, etc.
to an examination may be factors that
to determine the may bring about
presence of signs impotency or
of previous sterility.
childbirth and b. Proof of Access:
which are -physician must
compatible with the determine the
age of the child. health and vigor of
b. Proofs of Physical Potency the father, the
and Fertility: presence of
-the woman may disease, which may
be manifesting bring about his
some acquired or incapacity to
congenital defect perform sexual
wherein impotency intercourse.
may be inferred.
-fertility may be B. Non-medical Evidences
inferred from the
presence of other 1. Record of birth in the Civil Registrar,
pregnancies and or by an authentic document or a final
the absence of judgment (Art. 265, Civil Code).
organic 2. Continuous possession of the status
abnormalities of the of a legitimate child (Art. 266, Civil
generative system. Code).
c. Proof of Capacity to have 3. Any other evidences allowed by the
Access with the Husband: Rules of Court and special laws (Art.
-general physical 267, Civil Code).
examination of the
woman is CHAPTER XXVIII
necessary to PATERNITY AND FILIATION ON NON-CONVENTIONAL
determine whether METHODS OF PROCREATION
she is physically
capable of having  The standard method of reproduction is the
sexual intercourse introduction of the male sperm into the
with her husband. generative organ of a female through sexual
intercourse followed by fertilization, growth and
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development of the conceptus and its Selection of Donor of Semen:

subsequent delivery.  In A.I.D., the selection of the appropriate donor of
 However, modern advancement of medicine semen resides in the physician.
modified the conventional method as a solution  If the child born becomes defective which can be
to some specific problems of reproduction. traced from a physician’s negligence or
carelessness in choosing the donor, the
A. Artificial Insemination physician may be held liable.
 A medical procedure by which the semen is  Obligations imposed on a physician in the
introduced into the vagina by means other than selection of donors:
copulation for the purpose of procreation. 1. Proper screening must be made of
 ―therapeutic insemination‖ – more suitable term the donor.
for the procedure. 2. Donor must have the racial
characteristic and physical proportion
Artificial Insemination Classified According to the as those of the husband and wife and
Source of Semen: the blood type must be compatible with
A.B.O. and Rh genotype of the wife.
1. A.I.H. (Artificial Insemination Homologous, 3. Physician must ensure that the
Artificial Insemination Husband) – Sperm comes identity of the donor is not known to the
from the husband. parents and vice versa.
4. Complete physical examination with
2. A.I.D. (Artificial Insemination Donor, Artificial standard test for syphilis and
Insemination Heterologous) – Sperm comes from gonorrhea is obtained not more than 1
a donor other than the husband. week before the seminal fluid is
collected.
3. A.I.H.D. (Artificial Insemination Husband
Donor, Polled Donor Semen) – Donor semen Precautions to be Observed by the Physician in Performing
comes from the husband and a third party donor. Artificial Insemination:
Medical Indications for Artificial Insemination: 1. Physician should make certain by reasonable
testing that the procedure is medically indicated
1. For A.I.H.: for the couple. Husband is infertile and such
a. When the deposition of the condition is permanent.
husband’s semen within the vagina is by coitus;
b. When the infertility is due to poor 2. Physician should establish by proper
motility, paucity or otherwise defective evaluation that the couple is emotionally stable
sperm cells or too small a volume of and psychologically suited for this type of
the ejaculant. parenthood.
2. For A.I.D. or A.I.H.D.: 3. Physician must use all reasonable precautions

a. Absolute male sterility in selecting the donor.
(Azoospermia);
b. Oligospermia – Less than 10-15 4. Physician must, under no circumstances
million sperm per cc. of semen with except by court order, reveal the fact of artificial
infertility of long duration; insemination or the identity of the donor or of the
c. Hereditary disease in the husband couple to each other or to other persons.
making propagation inadvisable for
eugenic reason; or 5. Physician must use freshly donated sperm or
d. An Rh blood incompatability is frozen semen.
expected to cause an abnormal baby
on situations where other techniques to 6. The insemination procedure must be
overcome such incompatability are not performed by the physician in accordance with
applicable. the currently accepted techniques.
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7. Full and valid consents and releases should be  Process begins with injections into the oocyte
obtained in writing from all parties involved, and (ovum) donor of a hormone known as
each consent must be an ―informed consent.‖ gonadotropin, which induces super-ovulation.
 Approximately 30 hours later, the oocytes are
Status of the Child Born by Artificial Insemination: removed from the ovary by laparoscopy, a
surgical procedure accomplished by inserting two
1. In A.I.H. – child is a legitimate child of the thin glass tubes into the ovary through a small
husband. incisiom in the abdomen.
2. In A.I.D., with consent of the husband – child is  The removed oocytes are placed in a Petri dish
legitimate although the fertilization semen is not or a test tube containing growth medium
from the husband. simulating the environment of the woman’s body.
3. In A.I.D., without consent or against the will of  The oocytes are then fertilized by a sperm which
the husband – child is illegitimate has been held in vitro.
 The resulting conceptus, after it divides and
Consent on A.I.D.: grows for a few days until it reaches the
 The consent and release for any future claim blastocyst stage (stage at which the embryo
must be obtained by the physician from all normally enters the uterus), is then inserted
parties in writing. through the vagina and cervix into the uterus
 Consent of wife is necessary to avoid being held where it is implanted at a proper time in
liable for an assault. menstrual cycle.
 Consent of husband is necessary to avoid the  After successful transplantation, the woman
wife being charged with adultery carried the blastocyst to term.
 Consent and release of the donor should be
obtained for the unrestricted use of the semen Possible Situations in In Vitro Fertilization:
supplied
 Donor should also certify in writing that he will 1. The ovum removed from the wife is fertilized
make no effort to ascertain the identity of the by the husband’s sperm and the resulting zygote
couple involved. is implanted into the wife’s uterus.
 If the donor is married, consent of the wife must
also be obtained 2. The ovum removed from the wife is fertilized
by the sperm coming from a third party (sperm
B. In Vitro Fertilization donor) and is implanted into the wife’s uterus.
 Also known as test tube baby, it is the fertilization
of the egg cell by the sperm cell extracted from 3. The ovum coming from a third party (ovum
the respective donors placed in an artificial donor) is fertilized by the husband’s sperm and
medium and after reaching a certain stage of the blastocyst is implanted into wife’s uterus.
cellular division and development:
1. Implanted into the woman’s uterus, 4. The ovum taken from the ovum donor is
or fertilized by the sperm coming from the sperm
2. Gestation (development of the donor and the blastocyst is implanted into the
embryo to a child) in an artificial womb. wife’s uterus.
o Ectogenesis (extra
corporeal 5. The ovum removed from a single woman is
gestation) – fertilized by the sperm taken from a male donor,
whenever the the blastocyst is implanted into the single
embryo is allowed woman’s uterus.
to develop in an
artificial womb 6. The ovum removed from the wife is fertilized
by the husband’s sperm and the blastocyst is
Procedure of In Vitro Fertilization: implanted to a ―host‖ or surrogate.
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7. The ovum coming from the wife is fertilized Problems in In Vitro Fertilization:
artificially by the sperm coming from the sperm
donor and the blastocyst is implanted into the 1. The probability that the child to be born will be
surrogate’s uterus. defective.
-Some of the probable causes of the
8. The ovum coming from the ovum donor is birth of a defective child:
fertilized by the sperm coming from the husband a. Administration of hormone
and the blastocyst is placed into the surrogate’s to the prospective source of
uterus. ovum
b. Mechanical manipulation
9. The ovum coming from the ovum donor is of the oocyte and embryo
fertilized by the sperm coming from the sperm c. Mistake in the ―screening
donor and the blastocyst is implanted into the process‖ or selection of the
surrogate’s uterus. best ovum for fertilization
d. Defective donors (sperm
Basis of Legality of In Vitro Fertilization: or ovum)
 No person shall be deprived of life, liberty, or -A physician need not fear too much of
property without due process of law, nor shall the possible liability on account of a
any person be denied the equal protection of the defective child because:
laws. (Art. III, Sec. 1, 1987 Constitution) a. The plaintiff will find
 From the term ―liberty‖ emanates the right of difficulty in proving
privacy negligence because birth
 The right of privacy means the right to be left defects are well known to
alone. It is the right of an individual to the occur in normal or natural
possession and control of his own person, free pregnancies.
from all restraints or interference of others, b. Prospective parents are
unless by clear and unquestionable authority of normally briefed of the
law. It is the right of parents or guardians to potential risks of the
establish their family life as they see fit. procedure before their
 Other implication of the right of privacy which consent is obtained.
may be the basis of legality of in vitro fertilization: c. In vitro fertilization has yet
o Right of procreation – A ban on the use to evolve a clearly defined
of in vitro fertilization would prevent an standard of care by which to
individual from using means to fulfill his determine whether the action
or her procreative mission. of the physician is negligent.
o Right of marital privacy – Prohibition of d. The plaintiff is required to
in vitro fertilization as a way to have meet the difficult task of
children will mean government proving negligence.
intrusion into the marital bedroom in
search of evidence for violating the law. -Social Problem in In Vitro Fertilization:
o Right to decide whether to bear or  The progress of science
beget – The right of a person to must be geared towards
determine whether to carry or not to improvement in the quality of
carry a product of conception, to be or men and not towards
not to be a mother or to raise or not to retrogression or deterioration.
raise a family.
o Right of self-determination – ―Every 2. Problem of surrogate mother:
human being of adult age and of sound -Reasons why the services of a
mind has the right to determine what surrogate mother may be necessary:
shall be done on his own body.‖ a. Necessity
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 Genetic mother is unable refused to take the child from

to carry the child to term the surrogate mother.
because of disease or injury. e. Can the couple enforce the
 Genetic mother may contract in the event that the
believe either that she is too surrogate mother committed
old to safely carry a child to other breaches?
term, or that the child may be f. Is there a need to go
born with abnormalities. through the procedure of
 Genetic mother may adoption in order to
possess deleterious genetic legitimatize the child at birth?
traits which may be passed
on to the child. -Potential solution to the problems of
 Couple is unable to adopt surrogate mother:
a child. a. By contract – There must
be a contract specifically
b. Convenience mentioning the rights and
 A woman may not want to duties of each party.
interrupt her career during b. By legislation – The court
the gestational period. is bound to enforce the
legislation unless found to be
-Motivation of a woman to become a unconstitutional. (better
surrogate mother: solution)
a. Altruistic motive
b. Material consideration 3. Problem of the status of the child born by in
 If the surrogate mother vitro fertilization (please refer to possible
merely receives all expenses situations in in vitro fertilization portion above)
incurred in carrying the fetus a. Situation 1 – Child is legitimate
to term and then delivered: b. Situation 5 – Child is illegitimate
altruistic motive c. Situation 2 and 3 – Child may still be
If payment is beyond the legitimate if there is consent of the
reasonable cost of sterile party to the in vitro fertilization. If
pregnancy, it is tantamount to child is not considered legitimate,
―rental‖ for the use of the adoption may be done
uterus. The status that the child
may be a problem may
-Problems that may arise in the change if the in vitro
agreement in the use of surrogate fertilization was done with the
mother for gestational purpose: knowledge and consent or
a. If the surrogate mother against the will of the sterile
decided to abort the child spouse.
contrary to the wish of the d. Situation 4, 6, 7, 8 and 9 – Genetic
genetic parents. parents are different from the
b. The surrogate mother may gestational mother. Adoption may be a
decide to keep the child after legal remedy provided there is no
birth rather than surrender impediment to the application of the
him to the genetic parents. procedure, otherwise a special
c. The parents may decide to legislation may be necessary.
abort the child because of the
fear that abnormality may be C. Other Non-Conventional Methods of Procreation
present but the surrogate
mother refuses to do so. 1. Artificial Inovulation – The removal of an
d. If the child was born with unfertilized egg from a woman and placing it on
abnormality and the parents the reproductive tract of another woman.
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2. Embryo Transplantation – The removal of a

fertilized egg from a woman’s uterus to transfer
to that of another woman’s uterus.
3. Parthenogenesis (―Virgin Birth‖) – A type of
sexual reproduction whereby the unfertilized egg
with 23 chromosome compliment doubled its
content to become a diploid cell that starts
dividing as if it is a fertilized egg without the
intervention of a male sperm cell, the resulting
offspring is a female.
4. Cloning – A type of sexual reproduction
whereby the nucleus of a female egg is removed
(enucleation) which contains the genetic material
and replaced with the nucleus of a body
(somatic) cell of the same or another woman
(renucleation). The renucleated egg is then
placed in a uterus for gestation and normal
development. Resulting offspring is genetically
identical to the parent.
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Legal Medicine Solis Notes

Ethics And Legal Issues (King College (USA))

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Summary of Legal Medicine

NATURE OF THE STUDY OF LEGAL MEDICINE OTHER DEFINITIONS

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or something fitted for legal or public 2. Proceedings for hospitalization of an insane

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However, if such evidence is necessary in 4. Documentary Evidence- Medical Documentary

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Kinds of Sketch:  The preservation is co-terminus with

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iii. Post-test interrogation a. Truth serum – In the test, hyoscine hydrobromide is

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 Is an expressed acknowledgement by the authorized by the regulation, or (2) by

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foot or hand is  Negro- Thick lips

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 Six months or 3. Waering apparel

Anthropometry (Bertillon System)

Portrait Parle (spoken picture) Practical uses

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B. DENTAL IDENTIFICATION Graphology - study of handwriting for the purpose of

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Handwriting - complex interaction of nerves c. Logwood ink

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INHERITANCE PATTERNS OF ABO BLOOD GROUPS

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microscopic examination, there are vaginal epithelial same degree as

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a. Lack of responsiveness to internal and external A. KINDS OF DEATH

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3. Liquefaction of the Soft Tissues

Post Mortem Haemorrhage of Phosphorus

FACTORS INFLUENCING THE CHANGES IN THE BODY

Condition and type of soil: Dry, arid and sandy soil

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Season of the Year: The moist hot air of summer is very

The microorganism that plays an important role in

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