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CHAPTER I
GENERAL CONSIDERATION
Legal Medicine- branch of which deals with application of
medical knowledge to the purposes of law and in the
administration of justice. It is the application of basic and
clinical, medical and paramedical sciences to elucidate
legal matters.
Legal Medicine
Application of medicine to
legal cases
Forensic Medicine
Application of medical
science to elucidate legal
problems
treatment
Purpose in examining a
patient is to arrive at a
definite diagnosis so that
appropriate treatment can
be instituted
Minor or trivial injuries are
usually ignored inasmuch
as they do not require usual
treatment.
Example:
Presence of PHYSICAL INJURIES of a victim of sexual
abuse = presumes that force was applied; hence, crime
committed must be RAPE.
Presence of PHYSICAL INJURIES on the offender of the
crime of physical injuries= proof that the victim acted in
SELF-DEFENSE.
OTHER DEFINITIONS
Ordinary Physician
Sees an injury or disease
on the point of view of
Medical Jurist
Sees injury or disease on
the point of view of cause
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Purpose in examining a
patient is to include those
bodily lesions in his report
and testify before the court
or before an investigative
body
Records all bodily injuries
even if they are small or
minor
because
these
injuries may be proofs to
qualify the crime or to justify
the act.
1.
Characteristics of Law:
-
It is a rule of conduct;
It is dictated by legitimate power; and
Compulsory and obligatory to all.
Forms of Law:
A.
B.
2.
FROGLETS NOTES
or something fitted
argumentations.
3.
4.
5.
for legal
or
public
2.
3.
In SPECIAL LAWS:
1.
2.
3.
4.
5.
6.
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b)
FROGLETS NOTES
However, if such evidence is necessary in
the adjudication of the case, the question of
indecency and impropriety or the fact that
such evidence is repulsive or offensive to
sensibilities, it may be presented. This will
depend on the sound discretion of the court.
2.
4.
5.
EXPERT WITNESS
A
physician
on
account of his training
and experience can
give his opinion on a
set of medical facts.
He can deduce or
infer
something,
determine the cause
of death, or render
opinion pertinent to
the issue and medical
nature.
Rule
a.
b.
(Sec.
130)
48-49,
c.
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PRESERVATION OF EVIDENCE
The physical evidence recovered during medico-legal
investigation must be preserved to maintain their value
when presented as exhibits in court.
Methods of Preserving Evidence
1.
3.
2.
Photographs, audio and/or video tape, microfilm, Photostat, Xerox, voice tracing, etc.
Sketching- rough drawing of the scene or object
to be preserve is done. It must be simple,
identifying significant items and with exact
measurement.
FROGLETS NOTES
Kinds of Sketch:
3.
4.
5.
Skin Lesion
Penetrating wound
Hymenal Laceration
Person
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6.
CHAPTER II
DECEPTION DETECTION
Methods of deception detection used by law
enforcement agencies:
1. Devices which record the psycho-physiological response
a. Polygraph or lie detector machine records
physiological changes that occur in association with
lying in a polygraph.
Phases of Examination
i. Pre-test interview
ii. Actual interrogation and recording through the
instrument
Standard test questions:
1. Irrelevant questions no bearing to the case
under investigation (ex: age, citizenship,
occupation, etc).
2. Relevant questions pertaining to the issue
under investigation (ex: Did you shoot to death
Mr. X?).
3. Control questions unrelated to the matter
under investigation but are of similar nature
although less serious as compared to those
relevant questions (ex: Have you ever used a
gun?).
FROGLETS NOTES
iii. Post-test interrogation
Supplementary tests:
i. Peak-of-tension test may be given if subject is
not yet informed of the details of the offense for
which he is being interrogated by the investigator.
ii. Guilt complex test applied when the response
to relevant and control questions are similar in
degree and consistency in a way that the
examiner cannot determine whether the subject is
telling the truth or not.
iii. Silent answer test conducted in the same
manner as when relevant, irrelevant and control
questions are asked, but the subject is instructed
to answer the questions silently, to himself, without
making any verbal response.
Factors responsible for the 25% errors of the lie
detector:
1. Nervousness or extreme emotional tension
experienced by a subject who is telling the truth
regarding the offense in question
2. Physiological abnormalities
3. Mental abnormalities
4. Unresponsiveness in a living or guilty subject
5. Attempt to beat the machine by controlled
breathing or by muscular flexing
6. Unobserved application of muscular pressure which
produces ambiguities and misleading indications in
the blood pressure tracing
b. Word association test A list of stimulus and nonstimulus words are read to the subject who is
instructed to answer as quickly as possible. The time
interval between the words uttered by the examiner
and the answer of the subject is recorded. The test is
not concerned with the answer, be it a yes or no.
The important factor is the time of response in relation
to the stimulus or non-stimulus words.
c. Psychological stress evaluator (PSE) detects,
measures, and graphically displays the voice
modulations that we cannot hear. When a person
speaks, there are audible voice frequencies, and
superimposed on these are the inaudible frequency
modulations which are products of minute oscillation
of the muscles of the voice mechanism. Such
oscillations of the muscles or microtremor occur at the
rate of 8 to 14 cycles per second and controlled by the
central nervous system.
2. Use of drugs that try to inhibit the inhibitor
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FROGLETS NOTES
j. Not that I remember expression resort to this
expression to avoid committing something prejudicial
to him.
5. Scientific interrogation the questioning of a person
suspected of having committed an offense or of persons
who are reluctant to make a full disclosure of information
in his possession which is pertinent to the investigation.
Suspect person whose guilt is considered on
reasonable ground
Witness person other than the suspect who is
requested to give information
Different types of criminal offenders
a. Based on behavioral attitude:
i. Active aggressive offenders commit crimes in
an impulsive manner
ii. Passive inadequate offenders commit crimes
because of inducement, promise or reward.
b. Based on the state of mind
i. Rational offenders commit crime with motive or
intention
ii. Irrational offenders commit crime without
knowing the nature and quality of his act.
c. Based on proficiency
i. Ordinary offenders engaged in crimes which
require limited skill
ii. Professional offenders commit crimes which
require special skills rather than violence.
d. Psychological classification
i. Emotional offenders commit crimes in the heat
of passion, anger, or revenge.
ii. Non-emotional offenders commit crimes for
financial gain and are usually recidivist or
repeaters.
Techniques of Interrogation
a. Emotional appeal interrogator must create a mood
that is conducive to confession
b. Mutt and Jeff technique there must be at least 2
investigators with opposite character; one (Mutt) who
is arrogant and relentless, and the other (Jeff) who is
friendly, sympathetic and kind.
c. Bluff on split-pair technique applicable where
there are two or more persons who allegedly
participated in the commission of a crime. While one
of them is interrogated, the interrogator may claim that
the subject was implicated by the author and that
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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Confession
FROGLETS NOTES
Kinds of Confession
Maltreatment of Prisoners
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CHAPTER III
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
Identification is the determination of the individuality of a
person or thing.
Importance of Identification
FROGLETS NOTES
Methods of Identification
Identification of Persons
Classification of the Bases of Human Identification
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FROGLETS NOTES
foot or hand is
pressed on
mouldable
materials like mud,
clay, cement
mixture, or other
semi-solid mass.
Footprint or
handprint- a
footmark or
handmark on a
hard base
contaminated or
smeared with
foreign matters like
dust, floor, blood,
etc.
Complexion
Changes in the eyes- nearsightedness, far-sightedness,
state of being color blind, etc.
Facies- different kinds of
facial expressions brought
about by disease or racial
influence.
Left- or right-handedness
Degree of nutrition- in
relation to height and age.
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o
o
o
o
o
o
o
o
FROGLETS NOTES
Six months or
more- scar is white,
glistening,
contracted, and
tough
Information included
1. Descriptive Data - color of hair, eyes
2. Body marks - moles, scars
3. Anthropometrical measurements
A. Body measurement
B. Measurement of head
C. Measurement of the limbs
Portrait Parle (spoken picture)
- verbal, accurate and picturesque description of
the person identified. Such information may be
given bybthe witness, relatives, or persons who
ate acquainted with the physical features of the
person to be identified
1. General impression
2. Age, sex
3. Race or color
4. Height
5. Weight
6. Built
7. Posture
8. Head
9. Hair
10. Face
11. Neck
12. Shoulder
13. Wrist
14. Hands
15. Fingers
16. Arms
17. Feet
Extrinsic Factors in Identification
1. Ornamentation
2. Personal belongings
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3.
4.
5.
6.
7.
Waering apparel
Foreign bodies
Identification by close friends and relatives
Identification record
Photographs
FROGLETS NOTES
1. Real impression - impression of the finger bulbs with
the use of printing ink on the
surface of the paper
2. Chance impression - impresses by mere chance
without any intention to produce it
How to Get Fingerprint Impressions on Dead Bodies
- In case of fresh bodies, the fingers are
uncleanched and each one is inked individually
with the aid of small rubber roller.
- If the "floater" has been in the body if water for a
longer time and the friction ridges have
disappeared, the skin of the fingertips is cut
away. This area of the skin is placed in a small
labelled test tube containing formaldehyde
solution.
Types of Fingerprint Patterns
1. Arches - the ridgea go from one side of the
pattern to another, never turning back to make a
loop
A. Plain arches
B. Tented arches
2.
3.
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2.
3.
4.
FROGLETS NOTES
Handwriting - complex interaction of nerves
c.
d.
e.
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Logwood ink
Carbon ink
Ballpoint ink
CHAPTER III
MEDICO-LEGAL ASPECTS OF IDENTIFICATION
Instruments Necessary in Questioned Document
Examination:
1.
2.
3.
4.
5.
FROGLETS NOTES
applicable only to recently written
documents
7.
8.
9.
Disguised writing
Signature forgery
Signature forgery examination is the most common activity
of a questioned document examiner
Classifications of Signature Forgery
1. Traced forgery: the outlining of a genuine signature
from one document onto another
2. Simulated forgery: an attempt to copy in freehand
manner the characteristics of a genuine signature
either from the memory of the signature or from as
model.
3. Spurious forgery: one prepared primarily in the
forgers own handwriting wherein little or no attempt
has been made to copy the characteristics of the
genuine writing
Typewriter Identification
The identification of the typing machine used in a
questioned document
IDENTIFICATION OF THE SKELETON
In the examination of bones, the following points can be
determined:
1. Whether the remains are of human origin or not:
Study the shape, size, and general nature of the
remains, especially that of the skull
2. Whether the remains belong to a single person or not:
Any plurality or excess of the bones after a complete
lay out denotes that the remains belong to more than
one person
3. Height
4. Sex:
Study the pelvis, skull, sternum, femur and humerus
5. Race
6. Age:
Determined by the appearance of ossification centers
and union of bones and epiphyses, dental
identification, and obliteration of cranial structures
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(pp. 86-102)
Procedure of the Test
Two Methods may be utilized and both should be
employed in the examination:
1. Detection of Agglutinins
2. Detection of Agglutinogens
Value of the Test
It may solve disputed parentage (maternity or paternity).
Positive result - not conclusive that the one in question is
the offspring
Negative result - conclusive that he is not the child of the
alleged parents. Grouping is true not only with blood but
also with other body fluids like saliva, vaginal secretion,
seminal fluid, milk, urine and others
INHERITANCE PATTERNS OF ABO BLOOD GROUPS
Group
Parents
OxO
OxA
OxB
AxA
AxB
BxB
O x AB
A x AB
B x AB
AB x AB
of
Group
of
Children
O
O, A
O, B
O, A
O, A, B, AB
O, B
A, B
A, B, AB
A, B, AB
A, B, AB
Exclusion
Cases
A, B, AB
B, AB
A, AB
B, AB
A, AB
O, AB
O
O
O
FROGLETS NOTES
microscopic examination, there are vaginal epithelial
cells, contains large number of Deoderleins bacillus.
4. Mans or Womans Blood- no method of
differentiating man and womans blood
5. Childs Blood- at birth, it is thin and soft compared
with that of adult, red blood cells are nucleated and
exhibit greater fragility, red blood cells count more
than in adult.
Identification of Hairs and Fibers
1.
or
fiber
or
and
Human
Air network in fine
grains
Cells invisible without
treatment in water
Value of I lower than
0.3
Fuzz without medulla
Cortex
Cuticle
Thin
scales
not
protruding, covering
one another to about
4/5
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Animal
Air network in
forms of large
and
small
sacks.
Cells
visible
easily
Value of I higher
than 0.5
Fuzz
with
medulla
Looks like a
fairly thin hollow
cylinder
Pigments in the
form of irregular
grains
larger
than that of
humans
Thick
scales
protruding, do
not cover one
another
the
same degree as
humans
Note: Medullary index (I) is the relation between the
diameter of the medulla and the diameter of the whole hair.
The hair and fiber may be examined microscopically in its
cross-section and longitudinal aspect.Comparative study
must be made to show similarity of the hair and fiber.
Other Points in the Identification of Hair:
1. Characteristics of the hair:
Hair on body surfaces is fine while those from the beard,
mustache and scalp are very thick.
Hair from the eyebrows and lashes is tapering gradually to
finepoints.
2. Length of the Hair:
Hair from the scalp grows 2.5 cms. a month.
Beard hair grows at the rate of 0.4 millimeter a day.
3. Color of the hair:
May be black, blonde or brunette.
Hair from older persons may be white or gray.
The hair may be artificially colored by bismuth, lead or
silver salts.
It may be bleached by addition of hydrogen peroxide,
chlorine or diluted hydrochloric or nitric acid.
Male or a Female Hair
In many instances it is quite impossible to state the sex
from the hair, but certain points may be worthy of mention:
Hair on the scalp of male is shorter, thicker and more
wiry than that of female's.
Eyebrow hair of a male is generally long and more wiry
than that of a female's.
Estimation of Age Based on the Hair:
Hair of children is fine, short, and deficient of pigments
and, as a rule, devoid of medulla.
At the adolescent age, hair may appear at the pubis.
Hair on the scalp becomes long, wiry, and thick.
In the case of older persons, the color is usually white
or gray, with marked absorption of pigments and
degenerative changes
CHAPTER IV
MEDICO-LEGAL ASPECTS OF DEATH
Importance of Death Determination
1. The civil personality of a natural person is extinguished
by death;
2. The property of a person is transmitted to his heirs at
the time of death;
FROGLETS NOTES
3. The death of the partner is one of the causes of
dissolution of partnership agreement;
4. The death of either the principal or the agent is a mode
of extinguishment of agency;
5. The criminal liability of a person is extinguished by
death;
6. The civil case for claims which does not survive is
dismissed upon the death of the defendant.
Death
is the termination of life.
it is the complete cessation of all the vital functions
without possibility of resuscitation.
it is an irreversible loss of the properties of living matter.
an event that takes place at a precise time.
the ascertainment of death is a clinical and not a legal
problem.
Based on the Criterion Used in its Determination, death
may be:
1. Brain Death
Death occurs when there is deep irreversible coma,
absence of electrical brain activity and complete
cessation of all the vital functions without possibility of
resuscitation.
2. Cardio-Respiratory Death
Death occurs when there is a continuous and persistent
cessation of heart action and respiration.
It is a condition in which the physician and the
members of the family pronounced a person to be dead
based on the common sense or intuition
3. Brain and Cardio-Respiratory Death
A person will be considered medically and legally dead if in
the opinion of a physician based on ordinary standards of
medical practice, there is:
absence of spontaneous respiratory and cardiac
function, and because of the disease or condition which
caused, directly or indirectly, these functions to cease,
or because of the passage of time since these functions
ceased, attempts at resuscitation are considered
hopeless;
absence of spontaneous brain function and if based on
ordinary standards of medical practice during
reasonable attempts to either maintain or restore
spontaneous circulatory or respiratory function in the
absence of aforesaid brain function, it appears that
further attempts at resuscitation or supportive
maintenance will not succeed.
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FROGLETS NOTES
a. Lack of responsiveness to internal and external
environment;
b. Absence of spontaneous breathing movements for 3
minutes, in the absence of hypocarbia and while breathing
room air.
c. No muscular movements with generalized
flaccidity and no evidence of postural activity or shivering;
d. Reflexes and response:
d.1. Pupils fixed and dilated, non-reactive
stimuli;
d.2. Corneal reflexes absent;
d.3. Supra-orbital or other pressure
response absent (both pain response
and decerebrate posturing);
d.4. Absence of snucking or snouting
response;
d.5. No reflex response to upper airway
stimulation;
d.6. No reflex response to lower airway
stimulation;
d.7. No ocular response to ice water
stimulation of the inner ear;
d.8. No deep tendon reflexes;
d.9. No superficial reflexes;
d.10. No plantar responses.
to strong
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A. KINDS OF DEATH
1. SOMATIC DEATH OR CLINICAL DEATH
state of the body in which there is complete, persistent and
continuous cessation of the vital functions of the brain,
heart and lungs which maintain life and death;
hardly impossible to determine the exact time of death;
immediately after death,
- the face and lips become pale
- the muscles become flaccid
- the sphincters are relax
- the lower jaw tends to drop
- the eyelids remain open
- pupils dilate
- skin loses its elasticity
- body fluids tend to gravitate to the most
dependent portions of the body
- body heat gradually assumes the
temperature of the surroundings
2. MOLECULAR OR CELLULAR DEATH
After cessation of the vital functions, there is still animal life
among individual cells.
About 3-6 hours later, there is death of individual cells
known as molecular or cellular death
Exact occurrence cannot be definitely determined due to
several factors
3. APPARENT DEATH OR STATE OF SUSPENDED
ANIMATION
This condition is not really death but merely a transient loss
of the vital functions of the body on account of disease,
external stimulus or other forms of influence.
It may arise especially hysteria, uremia, catalepsy and
electric shock
B. SIGNS OF DEATH
1. CESSATION OF HEART ACTION AND CIRCULATION
There must be continuous cessation of the heart action and
the flow of blood in the whole vascular system
Methods of Detecting the Cessation of Heart Action and
Circulation
a. Examination of the Heart
a.1. Palpation of the Pulse- may be made
at
the
region of the wrist or at the
neck
a.2. Auscultation for the heart sound at
the
precordial Area - the rhythmic
contraction
and
relaxation of the heart is audible through the
stethoscope. Heart sound can be
audible
during life even without the aid of a stethoscope by
placing the
ear at the precordial area
FROGLETS NOTES
The fingers are spread wide and the finger webs are
viewed through a strong light.
Living: the finger webs appear red
Dead: yellow
heart
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other vital
Simple Congestion
Generally uniform and
found all over the body.
Not so.
Not seen in simple
congestion.
FROGLETS NOTES
Haemorrhage of
scurvy
Presence can be
revealed in history.
Skin lesion
appears after
death.
Present in the
most dependent
portions of the
body.
Phosphorus
poisoning
Presence can be
revealed in
history.
Skin lesion
present before
death
May be found all
over the skin and
organs.
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FROGLETS NOTES
Greenish Discoloration over the iliac fosae.
Eyeballs are soft and yielding.
Greenish discoloration spreading over the
while abdomen, external genitals and other
parts of the body. Frothy blood from the moth
and nostrils.
Abdomen distended with gas. Cornea fallen
in and concave. Purplish red streaks of veins
prominent on the extremities. Sphincters
relaxed. Nails firm.
Body greenish-brown. Blisters forming all
over the body. Skin peels off. Features
unrecognizable. Scrotum distended. Body
swollen up owing to distention. Maggots
found on the body. Nails and hair loose and
easily detached.
Soft parts changes into a thick, semi-fluid
black mass
1-3 days
3-5 days
8-10 days
14 20
days
2-5 mos
after death
12 hrs
24 hrs
48 hrs.
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4 wks
6 8 wks
72 hrs
1 wk
2 wks
1 mo.
1 2 wks
4-5 days
5-7 days
FROGLETS NOTES
I.
Kinds of mummification:
Natural: the body will become dehydrated and mummified
due to the forces of nature.
Artificial: (1) acceleration of the evaporation of the tissue
fluids of the body before actual onset of decomposition; (2)
addition of preservatives to inhibit decomposition.
II.
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
body after 12 hrs. It may last from 18 36 hrs and its
disappearance is concomitant with the onset of
putrefaction.
Presence of Post-mortem lividity: usually develops 3-6 hrs
after death. Appears as small petechia-like red spots which
later coalesce with each other to involve bigger areas in the
most dependent portions of the body.
Onset of Decomposition: In tropical areas, decomposition
is early and the average time is 24-48hrs after death.
PRESUMPTION OF DEATH
Rule 131 Section 5 Rules of Court
Article 390 Civil Code
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FROGLETS NOTES
o
o
o
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
1.
2.
3.
4.
5.
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Death by Electrocution
Death by Hanging
Death by Musketry
Death by Gas Chamber
PRESUMPTION OF SURVIVORSHIP
JUDICIAL DEATH
METHODS
II.
Beheading
Crucifixion
Beating
Cutting Asunder
Precipitation from a height
Destruction by a wild beast
Flaying
Impaling
Stoning
Strangling
Smothering
Drowning
EUTHANASIA
Mercy Killing deliberate and
painless acceleration of death of a
person usually suffering from an
incurable and distressing disease.
TYPES:
1.
2.
Active Euthanasia
Passive Euthanasia
a. Orthothanasia
b. Dysthanasia
FROGLETS NOTES
5.
Patient himself
The physician, with or without the
knowledge and and consent of the patient
Poison was administered by the physician to
the patient without the knowledge and
consent of the patient, then it is murder.
Treachery is inherent to the act of poisoning
and treachery qualifies it to murder.
III. SUICIDE
Psychological Classification of Suicide
1. First degree deliberate, planned,
premeditated, self-murder
2. Second degree impulsive,
unplanned, under great provocation or
mitigating circumstances
3. Third degree sometimes called
accidental suicide. This occurs when a
person puts his or her life into jeopardy
by voluntary self injury
4. Suicide under circumstances which
suggest a lack of capacity for intention
as when the person was psychotic or
under influence and effects of drugs
and alcohol.
5. Self-destruction due to negligence
6. Justifiable suicide self- destruction
action of a person with terminal illness.
Evidence that will infer death is suicidal:
1.
2.
3.
4.
5.
6.
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7.
CHAPTER VIII
DISPOSAL OF THE DEAD BODY
Persons Charged with Duty of Burial:
1. If married: surviving spouse if possesses means to pay
the necessary expenses.
2. Unmarried or child: nearest kin if they be adults and
within the Philippines and in possession of means to pay
the necessary expenses.
3. Unmarried or no kin left with means: municipal
authorities
*Shall perform such duty within 48 hours after death, if able
to do so.
Right of Custody to body:
To the person charged with the duty of burying the body
except when inquest is required by law to determine cause
of death or cause of death is accompanied by
communicable disease, custody of which will remain to
local board of health or municipal council until buried.
Right of custody means possession, the holding of a thing
or the enjoyment of a right. Enjoyment of a thing could
either be in the concept of ownership or holder of a thing
while ownership belongs to another. The right of
possession of a corpse is equivalent to ownership and
unlawful interference is an actionable wrong.
Surviving spouse has the preferential right and duty to
make the arrangements but if deceased spouse left a will
stating among other things the manner his body will be
disposed, such provision will prevail over the provisions of
the Administrative Code.
Methods of Disposal of the Dead Body
1. Embalming
- Artificial way of preserving body be injecting
formalin and perchloride of mercury or arsenic in the
common arteries and the femoral arteries.
2. Burial or Inhumation
- Body must be buried within 48 hours after death
except when required for legal investigation or authorized
FROGLETS NOTES
by local health authorities or when embalmed (impliedly
allowed). After 48 hours, new permit is needed. If with
communicable disease, within 12 hours after death unless
directed otherwise by local board of health.
In Philippines, body needs to be buried within 24
hours because of the climatic condition.
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Study Articles 305, 306, 307, 309 and 2219 of the NCC
as well as Articles 132 and 133 of the RPC.
Limitations to the Funeral Rites
a. Will of the deceased
b. Burial of the person sentenced to death must not be held
with pomp (Art. 85, RPC)
c. Restrictions as to funeral in cases of deaths due to
communicable disease
When the cause of death is a dangerous
communicable disease, the remains shall be buried within
12 hours after death. They shall not be taken to any place
of public assembly. Only the adult members of the family of
the deceased may be permitted to attend the funeral.
3. Disposal of Dead Body to the Sea
Allowed when death is not due to dangerous
communicable disease. A special permit needs to be
secured from officers authorized to issue permits.
4. Cremation
Pulverization of the body into ashes by the
application of heat. Body must first be identified and there
must be a permit for cremation.
When not granted:
FROGLETS NOTES
a. Before death:
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Requirements:
1. Must be in writing
2. Specify the person/institution granted the
authorization
3. Specify the organ/part to be detached
persons
FROGLETS NOTES
identified by relatives, friends or by marks on the body.
Physician must describe the coffin, clothing and degree of
decomposition before stating the actual disease or violence
in his report. Even members of NBI are required to get
permit from the Director of Health for exhumation.
Person died with for a cause other than
dangerous communicable disease may be disinterred after
3 years of being buried or in special cases, shorter time
when in the opinion of Director of Health, the public health
will not be endangered. It will be immediately disinfected
and inclosed in a coffin, case or box.
Disinterment of remains is subject to the following
requirements:
(a) Permission to disinter remains of persons who died of
non-dangerous communicable diseases may be granted
after a burial period of three years.
(b) Permission to disinter remains of person who died of
dangerous communicable diseases may be granted after a
burial period of five years.
(c) Disinterment of remains covered in paragraphs "a" and
"b" of this Section may be permitted within a shorter time
than that prescribed in special cases, subject to the
approval of the Regional Director concerned or his duly
authorized representative.
(d) In all cases of disinterment, the remains shall be
disinfected and places in a durable and sealed container
prior to their final disposal.
4.
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FROGLETS NOTES
Requirements to be satisfied in exhumation:
a.
b.
c.
b.
c.
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g.
h.
Problems in Exhumation:
a.
b.
FROGLETS NOTES
c.
Physical violence
Heat or cold
Electrical energy
Chemical energy
Radiation by radio-active substances
Change of atmospheric pressure (barotrauma)
Infection
A. PI by Physical Violence
Classification of wounds:
1.
As to severity:
a. Mortal wound - capable of causing death
immediately after infliction or shortly
thereafter
Parts of body where wound is inflicted
considered mortal:
b.
2.
3.
As to manner of infliction:
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FROGLETS NOTES
a.
b.
c.
d.
4.
Depth of wound:
a. superficial - only layers of skin
b. deep - inner structure beyond layers of skin
penetrating - wounding agent enters
the body but did not come out or mere
piercing of solid organ or tissue or body
Penetrating wound - wound where dimension of depth and
direction is an important factor in its description. It involves
the skin or mucous surface and the deeper underlying
tissues or organs caused directly by the wounding
instrument. Example: punctured, stab, gunshot wounds.
5.
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(3)
(4)
(5)
FROGLETS NOTES
(6) Subcutaneous injection of fecal matters to
promote abscess formation.
(7) Pricking of acne eruption to lead to a
severe facial disfigurement.
(8) Subcutaneous injection of air to create a
condition of emphysema.
(9) Nail-biting (onychophagia) which may lead
to maceration of the skin and an infection.
(10) Grinding of the teeth (bruxism) is frequently
seen in the mentally retarded and can lead
to abnormal tooth wear, a bilateral
hypertrophy of the masseter and a pain on
chewing.
(11) Pressure on the subcutaneous tissue by a
tightly applied cord or belt around the body:
(a) Tribal customs of metal band
around the neck or a leg by some
African tribes may cause a
permanent disfigurement.
(b) Use of shoes made of metal by
chinese women.
(12) Pulling of the body hair (Trichotillomania)
(Forensic Medicine a Study in Trauma &
Environment Hazards by Tedeschi, Eckert &Tedeschi, Vol,
1, p.496)
Legal Classification of Physical Injuries:
Mutilation:
Art. 262, Revised Penal Code
Kinds of Mutilation Punishable Under the Code:
1.
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Wounding;
Beating;
Assaulting (Art. 263); or
Administering injurious substances (Art.
264) without the intent to kill.
It may be committed through a simple negligence
or imprudence
The main purpose of dividing the provision into four
paragraphs is to graduate the penalties depending upon
the nature and character of the wound inflicted and their
consequences on the person of the victim.
In paragraph one, the injured person became insane,
imbecile, impotent, or blind.
Article.
FROGLETS NOTES
a.
Deformity;
Loss of any other member of his body;
Loss the use thereof; or
Becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days,
as a consequence of the physical injuries
inflicted.
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FROGLETS NOTES
(pp.252-268)
In the Description of a Stab Wound, the following must be
included:
a.
b.
c.
d.
e.
f.
g.
h.
5.
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FROGLETS NOTES
4. Punctured Wound
A result of a thrust of a sharp pointed instrument
External injury small but depth is to a certain
degree
Produced by: icepick, needle, nail, spear, pointed
stick, thorn, fang of animal, hook
External hemorrhage is limited but internal
injuries may be severe
Direct involvement of blood vessels and bloody
organs may cause fatal consequences
Site of external wound can be easily sealed
Punctured would is usually accidental but in rare
instances it may be homicidal or suicidal
a.
b.
c.
d.
e.
f.
g.
h.
1.
2.
3.
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Characteristics:
Characteristics:
a.
b.
c.
d.
e.
f.
g.
h.
FROGLETS NOTES
Classification of lacerated wounds:
a. Splitting caused by crushing of the skin between
two hard objects
- Best seen in laceration of the
scalp, cut eyebrow of boxer,
laceration of the chin of
motorcyclist
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
breaking point to cause laceration
and exposure of the fractured
bone
- In avulsion, the edges of the
remaining tissue is that of
laceration
c. Grinding Compression
- Weight and grinding movement
may cause separation of the skin
d. Tearing
- Produced by semi-sharp-edged
instrument which causes irregular
edges on the would
- Hatchet and choppers
-Healing is faster
- Healing is delayed
- Scar is irregular
-Caused by a sharp-edged
instrument
- caused by a blunt
instrument
Gaping of Wound:
2.
Loss of Tissue
- Separation of edges of a wound
may be on account of loss of
tissue bridging them. The loss of
tissue may be due to:
i. Destruction by pressure,
infection, cell lysis, burning or
chemical reaction
ii. Avulsion or physical or
mechanical
stretching
resulting to separation of a
portion of the tissue
iii. Trimming of the edges
3.
Lacerated Wound
-Examination by means of a
magnifying lens shows that
the hair bulbs are cut
- Examination with a
magnifying lens shows that
the hair bulbs are preserved
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FROGLETS NOTES
9%
9%
9%
18%
18%
18%
18%
18%
9%
18%
9%
18%
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Pudental areas
1%
Total
1%
100%
blood:
Hemorrhage
a. Hemorrhage may influence the severity of
wound by:
a.1. Loss of blood incompatible with
FROGLETS NOTES
b.
Cause of Hemorrhage:
b.1. Trauma:
Common
causes
of
hemorrhage due to natural
causes:
o Intra-cerebral
hemorrhage
(apoplexy)
o Spontaneous
subarachnoid
hemorrhage
o Rupture of the
arteriosclerotic
aneurysm of the
aorta
o Rupture of the
esophageal varices
in
cases
of
cirrhosis of the liver
and bleeding of
peptic ulcer of the
stomach
and
duodenum
o Pulmonary
hemorrhage
o Ruptured ectopic
pregnancy
o Spontaneous
rupture
of
cavernous
hemangioma
or
hepatoma
o Rupture of the
enlarged spleen
2. Size of Injury:
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3. Organs Involved
4. Shock
FROGLETS NOTES
- Nicotine
e. Toxin
Snake Venom
o Characterized
as
two
punctured wounds at the
center of the reddened
affected area
Scorpion Venom
o Has neurotoxic, hemolytic
and hemorrhagic effect
o Produces only one punctured
wound on the center of a
reddened area
o Main symptoms are pain
edema and reddening
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FROGLETS NOTES
c. Shock
2.
Changes producing
separate
pathological lesions
which in
turn
proves to be fatal
Ex: Operation
performed on a
patient to ligate
bleeding vessel
inside the
abdominal cavity
with reasonable
skill and due
diligence but as a
result of which
peritonitis
developed and
caused death of
patient
3.
Changes where a
definite
pathological
condition
was
present before the
injury
Ex: A person
suffering from
tumor or cyst and
was stabbed by
someone. The stab
is not capable of
producing death
ordinarily. The
person may die of
the pathological
condition and the
accused is liable
for his death
4.
Changes where a
definite
pathological
condition of totally
different
nature
arises after the
wounding and the
b. Specific Infection
c. Scarring Effect
d. Secondary Shock
Nature or death due to secondary shock
-
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Changes
whose
natural sequence
are direct and
obvious
Ex: Septicimia,
tetanus or
complications
arising from
wounds
FROGLETS NOTES
consequential
sequence
is
doubtful
Ex: Tuberculosis
meningitis that
develops following
a blow on the head
Shock
3.
a.
Primary Hemorrhage
It is the bleeding which
occurs immediately after
the traumatic injury of
the blood vessel
b.
Secondary Hemorrhage
This
occurs
not
immediately after the
infliction of the injury but
sometime thereafter on
or near the injured area
Infection:
Infection is the appearance, growth and
development of microorganisms at the site
of the injury
How injury or trauma acquires infections:
a.
b.
Kinds of Shock:
a.
b.
2.
Hemorrhage
38
c.
Primary Shock
Caused by immediate nerve
impulse set up at the injured
area which are conveyed to
the central nervous system
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d.
e.
4.
Embolism:
A condition in which foreign matters are
introduced in the blood stream causing
FROGLETS NOTES
sudden block to the blood flow in the finer
arterioles and capillaries
b.
Fat Embolus
Causes of Fat Embolus:
o By injection of oily
substance into the
circulation
o By injury of the
adipose
tissue
which forces fat
into the circulation
Air Embolism
Causes of Air Embolism:
o Gaping
incised
wound of the jugular
vein
o Injection
of
soapsuds or air into
pregnant uterus for
the purpose of
tubal insuflation or
criminal abortion
o Injection of air into
the urinary bladder for
radiological study
o Insuflation of the
other non-potent tubes
or hollow organs
o Injection of air
under pressure into
the nasal sinus
after a therapeutic
lavage
Connective tissues
Blood forming tissues
Surface epithelium of the skin
Healing of Wounds
The time of healing wounds is dependent on the
following: vascularity, age of person, degree of rest or
immobilization and nature of the injury.
2. Kinds of Healing Wounds
Healing of Wounds
1.
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FROGLETS NOTES
return after a lapse of one month with or without the
formation of a scar.
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2.
Dead Victim
Age of the wound from degree
of healing
Weapon used
Reasons for multiplicity of
wounds
Whether injury is accidental, suicidal
or homicidal
Ante-mortem or postDangerous to life of injury
mortem wound
Permanent deformity
Mortal or non-mortal wound
caused by injury
Presence of disease or
abnormal development at
Shock produced by wounds
time of wounding which
may accelerate death
Complications produced by
Cause of wound (accident,
injury
suicide, homicide)
3.
FROGLETS NOTES
Conditions of the Locality - (a) degree of hemorrhage;
(b) evidence of struggle; (c) position of the body;
(d) presence of suicide note; (e) condition of
weapon.
Factors in Determining Whether Wounds were Inflicted
During Life or After Death
1.
2.
3.
1.
41
PostMortem
Wound
Hemorrhage slight or none
at all and always venous
No spouting of blood
Blood is not clotted or a soft
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clot
Edges and cellular tissues
are not deeply stained and
can be removed by
washing.
Edges do not gape but are
closely approximated to
each other unless wound is
caused within one or two
hours after death.
No
inflammation
or
reparative processes
2.
4.
3.
4.
5.
6.
FROGLETS NOTES
State of clothings - Usually no change in its
condition in suicide while it may be in disorderly
position due to struggle in homicide.
Factors in Determining Length of Time of Survival of the
Victim After Infliction of the Wound
1.
Degree of Healing
Signs of repair appear in less than a day after
infliction of injury. By the degree of the granulation of
tissue formation and other reparative changes, the
age of the wound may be estimated.
2.
3.
4.
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Severe injury of the brain and cranial box usually produces unconsciousness but power
to perform volitional acts depends upon areas
of the brain involved.
Wounds of big blood vessels (carotid, jugular,
even aorta) - not prevent performance of
voluntary acts
Penetrating wound of heart - instantaneously
fatal but experience shows victim may still be
capable of locomotion
Rupture of organs - victim may still move and
speak
Extrinsic Evidences in Wounds
1.
FROGLETS NOTES
(b) Presence of blood - In some cases, absence of
blood stains is due to the rapidity of the blow and
compression of the blood vessels or blood may be
wiped out by the clothings in the process of
withdrawal.
(c) Presence of hair and other substance
2.
3.
4.
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As to Wounding Power
a. Low Velocity Firearm - With muzzle velocity of not
more than 1,400 feet/second (i.e. revolver)
b. High Power Firearm - 2,200 - 2500 feet/second
(i.e. military riffle)
2.
Definition
An instrument used for the propulsion of a projectile
by the expansive force of gases coming from the
burning of gunpowder
Includes rifles, muskets, shotguns, revolvers, pistols,
and all other deadly weapons from which a bullet,
ball, shot, shell, or other missile may be
discharges by means of gunpowder or other
explosives. it also includes air rifles except such
3.
FROGLETS NOTES
4.
2.
3.
4.
5.
Range:
In close range fire, the injury is not only due to the
missile but also due to the pressure of the expanded
gases, flame and other solid products of combustion.
Distant fire usually produces the characteristic effect
of the bullet alone.
6.
Kind of Weapon:
High power weapon has more destructive effect as
compared with low power one. The shape of the bullet
also plays an important role. Conical shape free end
bullets have more piercing power without marked
tissue destruction while missiles with hemispherical
free ends are more destructive.
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Contact Fire:
The nature and extent of the injury is caused not only
by the force of the bullet but also by the gas of the
muzzle blast and part of the body involved. The
following factors must be taken into consideration:
FROGLETS NOTES
1. The Effectiveness of the Sealing Between the Gun
Muzzle and the Shin:
If all the gaseous product of combustion is prevented
from being spilled out, there will be more destructive
effects on the tissues.
2. The Amount of Gas Liberated by the Combustion of
the Propellant:
The greater is the amount of gas in a confined area,
the greater will be the tissue destruction.
3. Nature of Bullet: Bigger caliber bullet is obviously
more destructive than smaller ones.
4. Part of the Body Involved: The nature, character
and extent of injury in contact fire is different
(1) when the bone is superficially located under the
skin, and (2) when the bone is deeply located in loose
or soft parts of the body.
Pressed and Firm Contact Fire:
1.
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FROGLETS NOTES
In shotgun fire, the size of the wound of entrance is
dependent upon the distance of the fire. Near fire causes
concentration of entry of the pellets, and as distance
increases the pellets disperse with individual pellets
causing individual wounds of entry. Only in this instance
may the wound of entrance of the same size as the gauge
of the shotgun pellets.
Other Pieces of Evidence or Findings Used to
Determine Entrance of Gunshot:
1. Examination of the clothing, if involved in the
course of the bullet
2. Examination of the internal injuries caused by the
bullet
3. Testimony of witnesses:
Determination of the Traiectory of the Bullet Inside the
Body of the Victim:
1.
External Examination :
Internal Examination :
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Always absent..
Underlying tissues may be
seen protruding from the
wound.
Paraffin test always
negative.
FROGLETS NOTES
l. Determination of the Number of Spent Shells:
2. Determination of Entrance Wounds in the Body of the
Victim
3. Number of Shots Heard by Witnesses
Instances when the Number of Gunshot wounds of
Entrance is Less than the Number of Gunshot Wounds
of Exit in the Body of the Victim:
1. A bullet might have entered the body but split
into several fragments, each of which made a
separate exit.
2. One of the bullets might have entered a natural
orifice of the body, e.g. mouth, nostrils, thereby making it
not visible and then producing a wound of exit.
3. There might be two or more bullets which
entered the body through a common entrance and later
making individual exit wounds.
4.
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FROGLETS NOTES
create doubt to the statement made by the firer that he
made only a single shot, but ballistic examination can show
as to whether the bullet travelled in tandem.
GUNSHOT WOUNDS MAY BE SUICIDAL, HOMICIDAL
OR ACCIDENTAL
Pieces of evidence that tend to show that the Gunshot(s)
wound is Suicidal:
1. The shot was fired in a closed or locked room' usually in
the office or bedroom.
2. The death weapon is almost always found near the
place where the victim was found.
3. The strot was fired with the muzzle of the gun in contact
with the part of the body involved or at close range. The
wound of entrance may show signs of muzzle impression,
burning, smudging and tattooing.
4. The location of the gunshot wound of entrance is in an
accessible part of the body to the wounding hand. It may
be at the temple, roof of the mouth, precordial or epigastric
region. A person committing suicide wilI do the act in his
most convenient way, unless he has the intention of
deceiving the investigator.
5. The shot is usually solitary. If the shot is made on the
head involving the brain, the shocking effect of the injury
will not make him capable of firing another shot. However,
shots in some parts of the body which may not produce
immediate death cir sudden loss of consciousness, the
possibility of additional shots is not remote
6. The direction of the fire is compatible with the usual
trajectory of the bullet considering the hand used and the
part of the body involved.
12. place where the shot took place may reveal suicide
note
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FROGLETS NOTES
entrance? Yes. The caliber may be inferred from the
diameter of the gunshot wound.
Determination of the Length of Survival of the Victim:
1. nature of wound
2. organs involved
3. presence or absence of infection
4. amount of blood loss
5. physical condition of victim
Capacity of the Victim to Perform Volitional Acts:
Depends upon the following:
1. area of body involved
2. vital organs involved
3. resistance of victim
*Injuries in the brain and spinal cord which cause
incapacity to do voluntary acts negates the capacity.
Determination as to length of time a firearm had been
fired:
1. Odor of the gas inside the barrel
*mixture of gases has peculiar characteristic
order which is noticeable several hours afar
discharge. Later, the odor will disappear as
gases usually evaporate or chemical transform to doorless
compounds
2. Chemical changes inside the barrel
3. Evidence that may be deduced from the wound
1. age of wound
2. degree of healing
3. degree of infection
Determination Whether the Wounding Weapon is an
Automatic Pistol or Revolver:
1. Location of empty shells
revolver
VS
automatic pistol
in clylindrical magazine chamber after fire
driven out of weapon after shot
2. Nature of spent bullet
revolver
VS
automatic pistol
no coating
bullet is copper jacketed
3. Nature of base of cartridge or spent shell
revolver
VS
automatic pistol
wider diameter than
no such difference
that of cylindrical body
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FROGLETS NOTES
Grade of choke:
1. Unchoke- diameter of barrel from rear to muzzle is the
same
2. Choke- diameter of barrel at muzzle end is smaller
than rest of the barrel
*The lethal range is in an area of 30 inches in diameter at
30 to 40 yards according to degree of choking.
Types of shotgun:
1. As to number of barrel
a. Single Barrel Shotgun
b. Double Barrel Shotgun
2. As to manner of firing and reloading:
a. Bolt action
b. Lever Action
c. Pump action
d. Autoloading
*A shotgun cartridge is usually 2-3/4 or 3 inches long and
diameter depends on the gauge of the firearm
Shotgun wound of entrance:
1. Contact or near contact shot - not more than 6 inches
Indicators:
a. shape of wound
b. entrance wound is burned
c. blackening due to smoke
d. gunpowder tattooing is densely located
e. contusion of tissue
f. singeing of hair (less than 6 inches)
g. disrupted deeper tissues
h. presence of carbon monoxide along the bullet
tract
i. recovery of wad together with shot (pellets)
2. Long range shot - more than 6 inches skin-muzzle
distance
Indicators
a. 2-3 feet muzzle distance-> single wound of
entry
b. 3-4 feet distance-> serrated wound of entry
referred to as rat hole
c. 5-6 feet-> wad tends to produce independent
injury, usually an abrasion
d. 6 feet-> shots begins to separate from
conglomerate shot
10 feet-> produces independent wounds of entry
Billiard ball ricochetted effect- tendency for one
shot to stoke another causing changes of
the shot
course
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OF
FROGLETS NOTES
*The
test
may involve
determination of presence of gunpowder residues of
primer components
the
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By 4D2014-2015
FROGLETS NOTES
and cartridge cases in a particular gun to the exclusion of
all others
Three separate and distinct area of Ballistics:
1. Interior Ballistics - deals with what happened to the
cartridge and its bullet from the time trigger is pulled
until the bullet exits from the barrel
2. Exterior Ballistics - deals with what happened to the
bullet or projectile from the moment it leaves the gun
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
4. Medical Ballistics- concerned with the penetration,
severity and appearance of the wound due to bullet or
missile
Basic Principles Involved in Firearm Identification:
1. Quality of metal in the manufacture of firearm is much
harder and resistant to deformity than the quality of
metal used n the manufacture of cartridge. In the
process of contact between the part of the gun
involved and the cartridge, the surface condition of the
part of the gun can easily be impressed on the shell or
bullet.
2. Firearms have certain physical characteristics of
certain type of caliber which differentiate it from
others.
3. No two firearms can be manufactured with identical
surface characteristics; referred to as individual
characteristics
Instruments Use in Firearm Identification:
1. Comparison Microscopes- instrument consists of two
compound microscopes which allows comparison of
two objects by looking through single eyepiece. The
individual or accidental characteristics of two objects
may be compared. There is an attachment for
photographic camera to facilitate the taking of pictures
of the findings.
2. Bullet Recovery Box- instrument for the purpose of
recovering the test bullet and shell. It is a long
cylindrical container filled with cotton and an open
shooting end.
*The test shell
and bullet may be used for comparison with the
evidence bullet or shell.
Other ways of recovering test bullet as used in
other countries:
1. Shot may be fired on a box with oil and
sawdust
2. Vertical or horizontal shot on water tank
3. Shot fired on a block of ice
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By 4D2014-2015
3. Hand lens
4. Sharp pointed instrument for scraping I.D. marks
5. Caliper
6. Analytical Balance
See illustration on page 386
Types of marking on the examination through
Comparison Microscope:
1.
2.
e.
FROGLETS NOTES
2.
b.
53
Determination
of
the
clss
characteristics: physical characteristics
of certain caliber of firearm used by the
manufacturer:
i. Number of rifling
ii. Direction and rates of rifiling
marks
iii. Dimension of the lands and
grooves
iv. Depth of the grooves
v. Style of the cannelure
Determination of individual
accidental characteristics:
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or
Cranium:
Close or near contact fire in the
head may produce marked
laceration of the skin, burning and
tattooing of the surrounding skin.
The skull is fractured without any
definite shape with the linear
extensions to almost all of the
bones comprising the cranial box.
Fire from distance with the
bullet having a right angle of
approach to the skull, the fracture
is oval at the outer table. There
will be radiating linear fractures
from point of entrance. The wound
exit will be clean-cut oval round
FROGLETS NOTES
opening at the inner table with
beveled fracture at the outer table.
4.
2.
Brain Substance:
Usually a rugged tunnel with a
diameter larger than that of the
caliber of the bullet, with mark
ecchymosis of the surrounding
area and filled with fresh and
clotted blood. Fragments of bones
may be felt in the tunneled bullet
tract. In jury of the brain causes
sudden loss of consciousness and
incapable of voluntary movement.
3.
Face
May noy cause serious trouble
except that it becomes potential
avenue for infection that may
cause deformity.
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Neck
5.
Chest:
1. Chest wall: usually has an
upward course and may
involve both sides. The bullet
may strike the rib, sternum or
the body of the vertebra and
may cause deformity or
deflection of its course. When
the intercostal or mammary
vessel are injured there will
be perfused hemorrhage.
2.
Lungs: it produces a
cylindrical tunnel much larger
than the diameter of the
projectile with the bloody
contents and ecchymotic
borders.
When
the
pulmonary vessel is involved,
the profuse hemorrhage is
observe that produces death
before medical intervention
can be done. If only the lungs
is involve, the profuse
hemorrhage may cause
collapse of the lungs,
displacement of the heart.
Emphysema is present when
there is marked injury to the
air sacs. The victim may not
die immediately but later may
develop
aspiration
pneumonia
or
cerebral
embolism.
FROGLETS NOTES
3.
4.
5.
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6.
CHAPTER XVII
DEATH BY ASPHYXIA
FROGLETS NOTES
supply of oxygen to the blood or to the tissues or both has
been reduced below normal level.
3.
2.
3.
4.
2.
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Classification of Asphyxia:
1.
2.
3.
4.
5.
6.
Hanging
Strangulation:
a. By ligature
b. Manual strangulation or throattling
c. Special forms of strangulations:
i. Palmar strangulation
ii. Garroting
iii. Mugging or yoking
iv. Compression of the neck with
stick
Suffocation:
a. Closing the mouth and nostrils by solid
object
b. Choking or closing of the air passage
by the obstruction of its lumen
asphyxia by submersion or drowning.
Asphyxia by pressure on the chest
Asphyxia by irrespirable gases
2.
FROGLETS NOTES
3.
as symmetry:
a. symmetrical: the knot or noose is at the
midline of the body either at the occiput
or just below the chin.
b. Asymmetrical: knot or noose is not is
not in the midline but on the one side,
with the head tilted to the side opposite
the location of the noose or knot.
4.
5.
Mechanism of Death:
There is a ligature around the neck with a knot or
with a sliding noose and the other end is fastened to an
elevated object like peg, nail, window casing, door knob,
tree, etc..
Upon suspension of the body, the weight causes
the noose or band to tighten, producing pressure at the
region of the neck.
The pressure of the band will cause the air
passage to constrict, the larynx is pushed backwards and
its opening is closed by the contact of the anterior to the
posterior laryngeal wall producing asphyxia.
Pressure of the ligature may also cause
compression of the superior laryngeal nerve, ceratoid
arteries and jugular veins producing cerebral anoxia.
Forms of furrow that develops in the neck
depends upon the type of ligature, the number of loops
around the neck and the point of suspension.
Protrusion of the tongue depends upon how
pressure is applied around the neck. If above the larynx
and in an upward direction, the tongue will be pushed
outward and will protrude from the mouth but if the
pressure is below, the tongue is kept inside the buccal
cavity.
Ligature in Hanging
1.
2.
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Symptoms
1.
2.
3.
4.
5.
6.
7.
FROGLETS NOTES
3. Difficulty of breathing and swallowing
4. Sensation of number ness of both legs.
All the above symptoms may last for 12 days after rescue.
c.
2.
3.
Other factors
a. Physical condition of the subject
b. The rate of consumption of oxygen in
the blood and tissues.
Treatment
1.
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2.
3.
2.
FROGLETS NOTES
f.
3.
Different diagnosis:
1.
2.
B. Asphyxia by Strangulation
Strangulation by Ligature:
It is produced by compression of the neck by
means of a ligature which is tightened by a force other than
the weight of the body.
It may be observed in infanticide using the
umbilical cord as the constricting material. This must be
differentiated from accidental strangulation during child
birth, the umbilical cord is abnormally long and there is no
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.
Causes of Death in Strangulation by Ligature
1. Asphyxia due to the occlusion of the windpipe.
2. Coma due to arrest of cerebral circulation.
3. Shock or syncope.
4. Inhibition of the respiratory center due to the pressure
on the vagus and sympathetic nerves.
Accidental, Homicidal or Suicidal Strangulation by Ligature
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FROGLETS NOTES
Homicidal strangulation is the most common of
the three forms of strangulation by ligature. Aside from the
ligature mark in the neck, there are evidence of struggle or
marks of violence in other parts of the body.
Suicidal strangulation by ligature is quite rare. It
may be done by placing a ligature around the neck and
tightened by means of twisting a piece of stick.
There are a few instances of strangulation which
are accidental and most of the victims are children or
epileptics who are helpless and incapable of extricating
themselves.
Manual Strangulation or Throttling
This is a form of asphyxial death whereby the
constricting force applied in the neck is the hand.
Methods of Throttling
1. Using one hand
2. Using both hands with assailant in front
3. Using both hands with assailant at the back
Manners of Death in Manual Strangling
1. The air passage may be blocked and death is due to
asphyxia
2. The pressure on the neck may cause compression of
the blood vessels and disturb the blood supply of the
brain
3. The nerves of the neck may be traumatized especially
the superior laryngeal branch of the glossipharyngal,
hypoglossal nerves and the plexus surrounding
Bifurcation of the common carotid artery or of the
vagus producing shock.
Accidental, Homicidal or Suicidal Manual Strangulation
1. Suicidal throttling is impossible because of the
pressure of the person's own hand must be
maintained for sometime but when unconsciousness
begins, the hands are relaxed and the victim recovers.
2. Accidental throttling may occur but the victim never
died of asphyxia but of other causes.
3. Homicidal manual strangulation is the most common.
It is a method of choice in infanticide.
Special Forms of Strangulation
1. Palmar Strangulation
The palm of the hand of the offender is pressed
in front of the neck without employing fingers.
2. Garroting
A ligature, a metal collar or a bowstring is placed
around the neck and tightened at the back.
3. Mugging (strangle-hold)
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FROGLETS NOTES
Administration of stimulants as ammonia,
aromatic vinegar, etc.
Injection of strchnine, coramine, caffeine, etc.
Inhalation of oxygen combined with 5% to 8%
carbon dioxide to stimulate respiration.
Floating of the Body in Drowning
The body may not immediately be recovered
after drowning because it is under water. The specific
gravity of human body is slightly more than of the water.
Within 24 hours, on account of the decomposition which
causes the accumulation of gas in the body, the body
floats. The floating of the body is markedly influenced by
the weather, condition of the fluid medium where drowning
took place, presence of wearing apparel, age, sex and
body built. The body when recovered, floats usually with
flexed extremities. The head is submerged because it has
a higher specific gravity than the rest of the body.
"tete de negri" - the bronze color of the head and neck of a
person who died in water during the process of
decomposition.
E. Compression Asphyxia (Traumatic or Crush Asphyxia)
This is a form of asphyxia whereby the free
exchange of air in the lungs is prevented by the immobility
of the chest and abdomen due to external pressure or
crush injury.
In homicidal cases, the assailant may kneel on
the chest of the victim or squeeze the victim between the
arms and legs as in wrestling.
In accidental cases, the body may be pinned
between two big objects or collapsing building on the
ground.
Very rarely is traumatic asphyxia attempted in
suicide.
Death by Crucifixion
When person is nailed on a cross the weight is
supported by the nailed feet. Classified as traumatic
asphyxia.
F. Asphyxia by Breathing Irrespirable Gases
Carbon Monoxide (Carbonic Oxide Gas, Co "Silent Killer")
Carbon Monoxide is formed from the incomplete
combustion of carbon fuel. The fatal carbon monoxide
poisoning usually involves burning wood, oil,coal, kerosene
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EFFECTS
Burking
POST-MORTEM FINDINGS
FROGLETS NOTES
HYDROGEN CYANIDE
NATURE and CHARACTERISTICS
EFFECTS
POST-MORTEM FINDINGS
SULFUR DIOXIDE
NATURE and CHARACTERISTICS
COLORLESS gas
Employed as a disinfectant, bleaching agent
Found in eruption of volcanoes
EFFECTS
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POST-MORTEM FINDINGS
WAR GASES
ESSENTIAL CHARACTERISTICS
Chloracetophenone (C.A.P.)
Bromobenzyl Cyanide (B.B.C.)
Ethyl Iodoacetate (K.S.K.)
EFFECTS:
PREVENTIVE MEASURES
FROGLETS NOTES
VESICANT or BLISTERING GAS
KINDS
CHAPTER XVIII
DEATH OR PHYSICAL INJURIES DUE TO
AUTOMOTIVE CRASH OR ACCIDENT
EFFECTS
AUTOMATIVE CRASH:
KINDS
Chlorine (CL2)
Phosgene (COCL2)
Chloropierin
Diphosgene
EFFECTS
1.
2.
EFFECTS
BLOOD POISONS
KINDS
3.
4.
EFFECT
HUMAN FACTOR
a. Mental Attitude ex. Reckless driving,
showing of, inattention, fatigue, inexperience
b. Perceptive Defect ex. Defective vision,
defective hearing
c. Delayed or Sluggish Reaction Time
Reaction Time the space of time the driver
perceives an impending danger and the actual
application of the brake.
d. Disease the driver may develop an
epileptic fit or suffer from a heart attack
while on the steering wheel
e. Chemical Factor ex. Driving under
influence of alcohol or drugs (depressant
drugs, marijuana, psychotrophic drugs) ,
leak in the exhaust system of the vehicle
5.
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FROGLETS NOTES
KINDS OF COLLISIONS IN AUTOMOTIVE CRASH
1.
2.
2.
3.
Driver
a. Severe impact of the drivers head on the
windshield may cause laceration of the
scalp, face or neck.
b. Impact of the lower extremities against the
dashboard may cause fracture of the tibia,
fibula, femur, or pelvis as well as lacerations
and abrasion of the skin of the area.
c. The impact of the face to the circular rim of
the steering wheel may cause fractures of
the teeth, jaw and facial bones.
Front Seat Passenger
a. Abrasion of the face and scalp.
b. Laceration of the face and scalp.
c. Fracture of the skull.
d. Laceration or rupture of the heart.
e. Crashing injury of the neck.
f. Fracture of the ribs and sternum.
g. Laceration of the liver and/or spleen.
Rear Seat Occupants they may strike the back
of the front seat, the pillar between the front and
rear side doors, or may be propelled over the
front seat striking the front seat passenger and
driver, dashboard or windshield.
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2.
3.
4.
FROGLETS NOTES
injuries to the abdominal wall, visceral organs
and vertebral column.
Seat belt Syndrome the acute flexion of the
trunk (jackknifing) with the belt as the central
fulcrum may cause fracture of the trunk with the
visceral organs in forward motion, may stretch
the mesentery and causes injury to the intestine
and mesentery itself. There may be abrasion,
contusion and hematoma of the lower portion of
the abdomen.
3.
4.
HIT-AND-RUN INJURIES
A fast moving vehicle may run over, hit or sideswipe a pedestrian or collide with another vehicle
or fixed object and get away from the scene
without regard to the unfortunate victim
This usually happens when the driver is drunk or
high at night time, in an isolated road and with
no eyewitnesses or someone who could take
note of the identity of the vehicle
SUICIDAL CRASH
1.
PRIMARY IMPACT
2.
SECONDARY IMPACT
2.
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FROGLETS NOTES
3.
Crush injury
Tire Thread Marks
Abrasion Marks
Paint Marks
Blood, hair or Clothing of the Victim
Physical Defects of the Victim
Inebriation of the Victim the victim might have
been under the influence of alcohol and other
depressant drugs
3.
4.
MOTORCYCLE CRASH
REASONS WHY THERE IS A HIGH PERCENTAGE OF
MOTORCYCLE CRASH
1.
2.
3.
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1.
2.
CHAPTER XXI
MEDICO-LEGAL ASPECTS OF SEX CRIMES
A.
3.
FROGLETS NOTES
4.
Breast
Viginal Canal
Labia Majora and Labia Minora
Fourchette (present a V-shape appearance as
the two labia minora unite posteriorly.)
Hymen
a. As to the shape and size of the
opening:
i. Annular or Circular- the
opening is oval or circular
located at the center of the
hymen.
ii. Infantile- the opening is
small.
iii. Semilunar or crescentric- the
concavity may be facing
either side or upwards or
downwards.
iv. Linear- the opening is slit-like
and usually running vertically.
v. Cribiform- the hymen
presents several openings
instead of a single one.
vi. Stellate- hymenal opening is
like a star.
vii. Septate- there are two
openings separated by a
bridge of hymenal tissue.
viii. Fimbriated- the border of the
opening shows small
irregular protrusiontowards
the opening.
ix. Imperforate- no opening in
the hymen.
b. As to structure and consistency:
i. Firm and with strong
connective tissue and plenty
of blood vessels.
ii. Thick yielding hymen with
scarce blood vessels.
iii. Membranous hymen- hymen
is parchment like, may be
transparent and may be
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c.
FROGLETS NOTES
i. Degree of laceration
(complete, incomplete or
complicated laceration)
ii. Location of laceration
iii. Duration of laceration(fresh
bleeding, fresh healing,
healed with sharp coaptible
borders without congestion or
healed laceration with
rounded non-coaptible
borders and retraction of the
edges.)
iv. Complications of laceration
PSYCHOLOGICAL CONSIDERATION
A.
B.
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FROGLETS NOTES
rape
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FROGLETS NOTES
confer jurisdiction on the court. Filing of complaint
by father of a girl who is only 14 years old,
sufficient compliance with RPC.
Instances When Rape is Punishable by Death
1. When by reason or on the occasion of the rape, the
victim becomes insane
2. When the rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof
3. When by reason or on the occasion of the rape, a
homicide is committed
Medical Evidences in Rape
1. Evidences from the victim
-written consent from victim or guardian if not of
age, if confined on correctional institution by the head of
the institution
-short history of the rape in writing
-the following must be recorded by the physician:
a. date, time and place of the alleged
commission of rape
-to determine how
long has elapsed
after
alleged
commission
of
crime before filed
complaint
or
subjected herself to
medical
examination
genitalia,
1. pubic hair of
offender
2. semen
spermatozoa
3. blood stains
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4. body louse
2. Examination of the alleged offender
and
FROGLETS NOTES
- Semen: the viscid, albuminous fluid with faint grayishyellow color, having the characteristic fishy odor, and
containing spermatozoa, epithelial cells, lecithin bodies and
other substances
-Spermatozoon: living organism, normally present in the
seminal fluid consisting of a head, neck and tail. From 5055 microns in length. The head is ovoid and flattened when
viewed in front and pearshape when viewed on the profile.
-The ff specimens may be examimed for seminal fluid and
spermatozoa:
accused
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patches
FROGLETS NOTES
2. Micro-chemical Examinations
-moisten portion of stained fabric with diluted hydrochloric
acid solution and let soaking stay for 1/2 to 5 hrs
depending on age of stain. Allow the liquid portion to dry on
the side. Perform any of the following:
a. Florence Test: produced by the action of
iodine on choline, not a proof of seminal fluid but only of
the presence of some vegetable or animal substance,
positive result: merely presumptive evidence of small fluid,
negative result: in all probability it is not that of the seminal
fluid
b. Berberio's Test: some allege this test is
specific for spermatic fluid, reaction probably depends on
the presence of spermatic secretion
c. Puramen Reaction: based on the presence of
spermine in the prostatic fluid, Puramen reaction is found
to be very reliable and rather characteristic of seminal fluid
d. Acid Phosphate Test: semen produces a very
high phosphate activity as compared with other body fluids
the ff are needed:
1. citrate buffer solution
2. suitable substrate
3. diazonium salt
3. Microscopic Examinations
-presence of complete spermatozoon will
undoubtedly infer presence of seminal fluid, although
semen may be present without spermatozoa, such
as in cases of aspermia (semen without
spermatozoa) or oligospermia
(semen with few
spermatozoa)
a. Dr. Hankin's Method
b. Gaguli's Method: best way to stain
spermatozoa in India
4. Biological Examinations
a. Precipitin Test (Biological test of Farnum)
-to determine whether semen is of
human origin or not
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FROGLETS NOTES
OTHER CRIMES AGAINST CHASTITY
A. SEDUCTION
A. QUALIFIED SEDUCTION
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B. SIMPLE SEDUCTION:
Art. 338. Simple seduction. The seduction of a woman
who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.
Elements:
1. The offended party is over 12 but less than 18 years of
age;
2. The offended party must be single or a widow of good
reputation;
3. There must be sexual intercourse done by the offender
with her; and
4. The sexual act must be committed by means of deceit.
FROGLETS NOTES
Medical Evidences in the Crime of Seduction
B. ACTS OF LASCIVIOUSNESS
C. ABDUCTION
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FROGLETS NOTES
B. CONCUBINAGE:
Elements:
PROSTITUTION
Types of Prostitutes:
1. Call girl;
2. Hustler:
Elements:
b) Street walker
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scandalous
3. Door knocker;
4. Factory Girl
Effects of Prostitution
FROGLETS NOTES
a superior officer;
2. Any warden or other public officer
directly charged with the care and custody of
prisoners or persons under arrest who shall
solicit or make immoral or indecent advances to
a woman under his custody.
Methods of Control:
2. Strict prohibition
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FROGLETS NOTES
exhibitions and indecent shows. The penalty of prision
mayor or a fine ranging from six thousand to twelve
thousand pesos, or both such imprisonment and fine, shall
be imposed upon:
(1) Those who shall publicly expound
or proclaim doctrines openly contrary to public
morals;
(2) (a) the authors of obscene
literature, published with their knowledge in any
form; the editors publishing such literature; and
the owners/operators of the establishment selling
the same;
(b) Those who, in theaters, fairs,
cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market
for violence, lust or pornography; (3) offend any
race or religion; (4) tend to abet traffic in and use
of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs,
established policies, lawful orders, decrees and
edicts;
xxx
xxx
xxx
xxx
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FROGLETS NOTES
intracrural intercourse as well as cunnilingus, but
attempts at
vaginal penetration
are most common.
Theories Why Adults become Interested in Children:
a. Emotional congruence- Children are sexually attractive
to adult:
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Sexual Abnormalities
FROGLETS NOTES
Over Sex:
a. Satyriasis excessive sexual desire of men
to intercourse
b. Nymphomania strong sexual feeling of
women; hot or fighter
Both are general expressions of compulsive
neurosis.
c.
3.
2.
2.
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4.
FROGLETS NOTES
from frottage in that there may not only be
rubbing but actual intercourse
1.
As to Visual Stimulus:
1.
2.
2.
3.
As to Number: (sexual deviation because more than two
persons are participating)
1.
2.
2.
3.
Sexual Reversal:
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Introduction
Definition: state of a woman who has, within her body, the
growing product of conception or a fecundated germ
FROGLETS NOTES
Commencement: from time egg cell is fertilized and
terminates at the time such product is expelled or delivered
Duration: 270-280 days from first day or onset of last
menstruation; inasmuch as some authorities consider more
than two weeks as the life span of the spermatozoa in the
vaginal canal, it is hard to ascertain the exact date of the
fertilization; no synchrony between coitus and fertilization
Legal Importance:
1.
2.
3.
4.
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FROGLETS NOTES
Funic souffl or Umbilical souffl whistling
sound synchronous with the fetal heart
7. Ballottement feeling perceptible to the fingers
on giving sudden impulse to the child through the
neck of the uterus; hand placed on abdomen
8. Braxton-Hicks Sign rhythmical contraction and
relaxation of the uterus, perceptible to the hand
on the abdomen
9. Bladder irritability or Frequent urination usually
at second month
10. Capricious appetite
11. Abnormality in pigmentation especially in
abdomen and perineum
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
portion to the growing fetus
6.
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d.
4.
5.
6.
Proofs of Pregnancy:
1. Laxity of abdominal wall.
2. Presence of Striae of pregnancy on the
abdominal wall.
3. Perineum is lax with a scar if there was previous
laceration. Fourchette is markedly restracted.
4. Vestige only of the hymen is present.
5. Breast is lax with enlarged nipples.
6. Vaginal examination showed previous laceration
of cervix.
-
FROGLETS NOTES
1.
2.
3.
4.
5.
6.
Methods of Delivery:
1. Natural Route expulsion of the products of
conception through the normal passage, that is
through the vaginal canal.
2. Surgical Route expulsion of the products of
conception is not through normal openings of the
female generative tract but through some artificial
openings brought about by surgery.
Signs of Recent Delivery:
1. Languid look, with pulse and temperature slightly
increased.
2. Peculiar odor which is present up to the 10th day
of confinement.
3. Changes in the breast (sensation of tightness in
breasts and milk may be expressed).
4. Flaccidity of the abdominal wall.
5. Linea Albicantes (Striae of Pregnancy) present in
the abdominal wall.
6. Presence of Linea Negra.
7. Uterus is enlarged and palpable.
8. Laxity of the perineum with possible tear.
9. Vaginal canal is lax and with possible lacerations.
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FROGLETS NOTES
b.
c.
d.
2.
3.
4.
Kinds of Abortion:
1. Spontaneous Abortion occurs without any
form of inducement or intervention.
2. Induced Abortion this will not take place had it
not been for some form of inducement or
intervention. Induced abortion may be:
a. Therapeutic Abortion abortion purposely
done to preserve the life of the mother.
b. Criminal Abortion done without
therapeutic indication but with criminal intent
is punishable by law.
-
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b.
c.
d.
FROGLETS NOTES
e.
f.
g.
2.
b.
d.
b.
3)
d.
e.
f.
1)
2)
3)
Paleness of integument
4)
5)
Presence of
characteristic lochial
discharge and odor
6)
2)
Marks of instrumentation
3)
Signs of physical
violence
4)
5)
Presence of abortives
and other toxic materials
in the fetal blood
6)
Presence or absence of
malformation
7)
Completeness of the
placenta
8)
85
c.
2)
c.
1.
By 4D2014-2015
Appearance of the
external genitalia and
vagina may show
laceration, contusion,
abrasions and other
marks of
instrumentation.
FROGLETS NOTES
2.
g.
h.
Evidence of
instrumentation
b.
86
Examination of uterine
contents - Remnant of the
product of conception for the
By 4D2014-2015
1)
Paternity test
2)
Test for
pregnanc
Examination of some
untoward effects of
abortion: (1) infection,
toxemia or bacteremia (2)
embolism (3) fistulae
formation (4) pelvic
adhesions.
Therapeutic Abortion
Abortifacent drugs
and other irritants
may be found
inside the stomach
upon chemical
examination.
d.
Examination of stomach
and its contents:
c.
f.
Biological test
FROGLETS NOTES
2.
3.
4.
5.
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2.
3.
4.
FROGLETS NOTES
5.
a.
CHAPTER XXV
BIRTH
Legal Importance of the Study of Birth
1.
2.
3.
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b.
2)
3)
Presence of Respiration
4)
5)
FROGLETS NOTES
7)
Marks of Violence
8)
9)
2)
3)
2)
3)
4)
2.
3.
4.
5.
6.
7.
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FROGLETS NOTES
3.
4.
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Problems:
1.
2.
3.
FROGLETS NOTES
6.
a.
2.
3.
4.
5.
6.
2.
By omission or neglect
a. Failure to ligate the umbilical cord (if
not cut or not tightly ligated, child may
bleed to death)
b. Failure to protect the child from heat
and cold (depriving the child of
necessary clothing)
c. Failure to take the necessary help of a
midwife or a skilled physician
d. Failure to supply the child with proper
food (child starved to death)
e. Failure to remove the child from the
mothers discharge which resulted to
suffocation
By commission
a. Inflicting physical injuries (use of
kitchen utensils, hard or sharp objects)
b. Suffocation
c. Strangulatioin
d. Drowning (child disposed in a
sewerage disposal in a creek)
e. Poisoning
f. Burning
g. Delibreate exposure to heat cold (direct
sunshine, basin of cold water)
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CHAPTER XXVII
PATERNITY AND FILIATION
Paternity civil status of the father with respect to the
child begotten by him
Filiation civil status of the child in relation to its mother or
father
Legal importance of determining paternity and filiation
1.
2.
For succession
a. Right of legitimate children is different
from that of illegitimate childrem
For enforcement of naturalization and
immigration laws
a. Naturalized citizens give ipso facto
Philippine citizenship to their minor
children. Thus, the minors must prove
that they are legitimate children of the
naturalized citizen.
b. A minor child of a naturalized or
permanent resident alien may be given
the right to land in the Philippines upon
proof that he is a legitimate child of the
latter.
FROGLETS NOTES
(Hello blockmates, the book used provisions from the Civil
Code re: Paternity and Filiation but I think we now use the
Family Code for this so I will put here the relevant FC
provisions instead. Thanks.)
d.
Kinds of Children
1.
Legitimate Children
a.
b.
c.
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e.
f.
g.
FROGLETS NOTES
ii. If he should die after the filing of the
complaint without having desisted
therefrom; or
iii. If the child was born after the death of the
husband.
2.
Legitimated Children
a. Children conceived and born outside of wedlock
of parents who, at the time of the conception of
the former, were not disqualified by any
impediment to marry each other may be
legitimated.
Legitimation shall take place by a
subsequent valid marriage between
parents. The annulment of a voidable
marriage shall not affect the legitimation.
Legitimated children shall enjoy the same
rights as legitimate children.
The effects of legitimation shall retroact to
the time of the child's birth.
The legitimation of children who died
before the celebration of the marriage
shall benefit their descendants.
Legitimation may be impugned only by
those who are prejudiced in their rights,
within five years from the time their cause
of action accrues.
3.
Adopted Children
a. Who may adopt
i. Any Filipino citizen of legal age, in
possession of full civil capacity and legal
rights, of good moral character, has not
been convicted of any crime involving
moral turpitude, emotionally and
psychologically capable of caring for
children, at least sixteen (16) years older
than the adoptee, and who is in a position
to support and care for his/her children in
keeping with the means of the family. The
requirement of sixteen (16) year
difference between the age of the adopter
and adoptee may be waived when the
adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's
parent;
ii. Any alien possessing the same
qualifications as above stated for Filipino
nationals: Provided, That his/her country
has diplomatic relations with the Republic
of the Philippines, that he/she has been
living in the Philippines for at least three
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b.
FROGLETS NOTES
i. Any person below eighteen (18) years of
age who has been administratively or
judicially declared available for adoption;
ii. The legitimate son/daughter of one
spouse by the other spouse;
iii. An illegitimate son/daughter by a qualified
adopter to improve his/her status to that
of legitimacy;
iv. A person of legal age if, prior to the
adoption, said person has been
consistently considered and treated by
the adopter(s) as his/her own child since
minority;
v. A child whose adoption has been
previously rescinded; or
vi. A child whose biological or adoptive
parent(s) has died: Provided, That no
proceedings shall be initiated within six
(6) months from the time of death of said
parent(s).
4.
Illegitimate Children
a. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise
provided in this Code.
B. Illegitimate Children
Those who were born out of lawful wedlock or
after a competent time after its dissolution.
1. Natural Children:
a. Natural Children (Proper):
-those born outside wedlock of parents
who, at the time of the conception of the former,
were not disqualified by any impediment to marry
each other (Art. 269, Civil Code).
b. Natural Children by Legal Fiction:
-those children born out of void
marriages or those born of voidable marriages
after the decree of annulment.
c. Natural Children by Presumption:
-those natural children acknowledged
by the father or the mother separately if the
acknowledging parent was legally competent to
contract marriage at the time of conception.
2. Spurious Children:
Illegitimate children who are not natural.
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a. Adulterous Children:
- children conceived in an act of
adultery or concubinage.
b. Sacrilegious Children:
-children born of parents who have
been ordained in sacris (priest and nun).
c. Incestuous Children:
-children born by parents who are
legally incapable of contracting valid marriage
because of their blood relationship.
d. Manceres:
-children conceived by prostitutes.
Civil Liability of Persons Guilty of Crimes Against Chastity:
Art. 345, Revised Penal Code:
Persons guilty of rape, seduction or abduction
shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring,
unless the law should prevent him from
so doing.
3. In every case to support the
offspring.
FROGLETS NOTES
2. Blood Grouping Test:
-blood type of the child is a
possible product of the
parents not conclusively
show that the child is born by
such parents.
-blood type of the child is not
the possible product of the
parents conclusively show
that the child is not that of the
husband.
3. Evidences from the Mother:
a. Proofs of Previous
Delivery:
-supposed mother
may be subjected
to an examination
to determine the
presence of signs
of previous
childbirth and
which are
compatible with the
age of the child.
b. Proofs of Physical Potency
and Fertility:
-the woman may
be manifesting
some acquired or
congenital defect
wherein impotency
may be inferred.
-fertility may be
inferred from the
presence of other
pregnancies and
the absence of
organic
abnormalities of the
generative system.
c. Proof of Capacity to have
Access with the Husband:
-general physical
examination of the
woman is
necessary to
determine whether
she is physically
capable of having
sexual intercourse
with her husband.
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FROGLETS NOTES
A. Artificial Insemination
A medical procedure by which the semen is
introduced into the vagina by means other than
copulation for the purpose of procreation.
therapeutic insemination more suitable term
for the procedure.
Artificial Insemination Classified According to the
Source of Semen:
1. A.I.H. (Artificial Insemination Homologous,
Artificial Insemination Husband) Sperm comes
from the husband.
2. A.I.D. (Artificial Insemination Donor, Artificial
Insemination Heterologous) Sperm comes from
a donor other than the husband.
3. A.I.H.D. (Artificial Insemination Husband
Donor, Polled Donor Semen) Donor semen
comes from the husband and a third party donor.
Medical Indications for Artificial Insemination:
1. For A.I.H.:
a. When the deposition of the
husbands semen within the vagina is by coitus;
b. When the infertility is due to poor
motility, paucity or otherwise defective
sperm cells or too small a volume of
the ejaculant.
2. For A.I.D. or A.I.H.D.:
a. Absolute male sterility
(Azoospermia);
b. Oligospermia Less than 10-15
million sperm per cc. of semen with
infertility of long duration;
c. Hereditary disease in the husband
making propagation inadvisable for
eugenic reason; or
d. An Rh blood incompatability is
expected to cause an abnormal baby
on situations where other techniques to
overcome such incompatability are not
applicable.
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FROGLETS NOTES
7. Full and valid consents and releases should be
obtained in writing from all parties involved, and
each consent must be an informed consent.
Status of the Child Born by Artificial Insemination:
husband.
Consent on A.I.D.:
The consent and release for any future claim
must be obtained by the physician from all
parties in writing.
Consent of wife is necessary to avoid being held
liable for an assault.
Consent of husband is necessary to avoid the
wife being charged with adultery
Consent and release of the donor should be
obtained for the unrestricted use of the semen
supplied
Donor should also certify in writing that he will
make no effort to ascertain the identity of the
couple involved.
If the donor is married, consent of the wife must
also be obtained
B. In Vitro Fertilization
Also known as test tube baby, it is the fertilization
of the egg cell by the sperm cell extracted from
the respective donors placed in an artificial
medium and after reaching a certain stage of
cellular division and development:
1. Implanted into the womans uterus,
or
2. Gestation (development of the
embryo to a child) in an artificial womb.
o Ectogenesis (extra
corporeal
gestation)
whenever the
embryo is allowed
to develop in an
artificial womb
Procedure of In Vitro Fertilization:
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FROGLETS NOTES
7. The ovum coming from the wife is fertilized
artificially by the sperm coming from the sperm
donor and the blastocyst is implanted into the
surrogates uterus.
8. The ovum coming from the ovum donor is
fertilized by the sperm coming from the husband
and the blastocyst is placed into the surrogates
uterus.
9. The ovum coming from the ovum donor is
fertilized by the sperm coming from the sperm
donor and the blastocyst is implanted into the
surrogates uterus.
Basis of Legality of In Vitro Fertilization:
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FROGLETS NOTES
Genetic mother is unable
to carry the child to term
because of disease or injury.
Genetic mother may
believe either that she is too
old to safely carry a child to
term, or that the child may be
born with abnormalities.
Genetic mother may
possess deleterious genetic
traits which may be passed
on to the child.
Couple is unable to adopt
a child.
b. Convenience
A woman may not want to
interrupt her career during
the gestational period.
-Motivation of a woman to become a
surrogate mother:
a. Altruistic motive
b. Material consideration
If the surrogate mother
merely receives all expenses
incurred in carrying the fetus
to term and then delivered:
altruistic motive
If payment is beyond the
reasonable cost of
pregnancy, it is tantamount to
rental for the use of the
uterus.
-Problems that may arise in the
agreement in the use of surrogate
mother for gestational purpose:
a. If the surrogate mother
decided to abort the child
contrary to the wish of the
genetic parents.
b. The surrogate mother may
decide to keep the child after
birth rather than surrender
him to the genetic parents.
c. The parents may decide to
abort the child because of the
fear that abnormality may be
present but the surrogate
mother refuses to do so.
d. If the child was born with
abnormality and the parents
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FROGLETS NOTES
2. Embryo Transplantation The removal of a
fertilized egg from a womans uterus to transfer
to that of another womans 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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