ATTY. ANTONIO D. REBOSA, M.D.

, BSCrim, FCLM
Castro Rebosa Rebosa Law Office
EVIDENCE
- means sanctioned by the Rules of Court of ascertaining in a judicial
proceeding the truth respecting a matter of fact
TYPES OF MEDICAL EVIDENCE

1. AUTOPTIC or REAL EVIDENCE addresseD to the senses of the

court
2. TESTIMONIAL EVIDENCE ex. MD in the witness stand
a) Ordinary Witness
b) Expert Witness
3. EXPERIMENTAL EVIDENCE if allowed by the court to confirm
or corroborate
4. DOCUMENTARY EVIDENCE writings/photographs
a) medical certificates
b) medical expert opinion
c) deposition
5. PHYSICAL EVIDENCE articles and materials found in connection
 CRIMINALISTICS ID, collection, preservation, and mode of presentation of physical evidence;
application of sciences in in crime detection and investigation

CORPUS DELICTI EVIDENCE objects/substances which maybe a part of

the body of the crime

ASSOCIATIVE EVIDENCE evidence that may link suspect to the crime

TRACING EVIDENCE evidence that may assist investigator in locating the suspect
 SKETCHING rough drawing of the scene or object

Rough made at the crime scene

Finished sketch prepared from the rough sketch for court presentation
 KINDS OF EVIDENCE NECESSARY FOR CONVICTION

DIRECT that which proves the fact in dispute without the aid of
any inference or presumption

CIRCUMSTANTIAL the proof of facts from which taken either singly or

collectively, the existence of a particular fact in dispute may be
inferred as a necessary or probable consequence
WEIGHT, SUFFICIENCY AND APPRECIATION OF
EVIDENCE

CIVIL CASE preponderance of evidence

CRIMINAL CASE proof/guilt beyond reasonable doubt

ADMINISTRATIVE CASE substantial evidence

Medico-legal cases
VICTIMS ----
Trauma and violence shooting, mauling, stabbing, vehicular and
industrial accidents, domestic vilolence, child abuse
Sexual abuse
Intoxication, poisoning, drug abuse/dependency
Suicide
Medical negligence
Patient-victims

1. TREATMENT top priority

2. DOCUMENTATION investigation/litigation
 HPI , P.E., MEDICO-LEGAL
REPORT
Time of Entry/Admission, identity and other personal circumstances,
Name of accompanying person, manner of entry, secure personal
belongings and effects

HPI alleged nature of incident, place of incident, date and time of

incident
refrain from specifics, details, conclusions, use of words like drinking
spree

P.E. -- General Survey level of consciousness, coherence, ambulation,

Alcoholic Breath (AB) credibility and admissibility is debatable
PHYSICAL INJURIES
NATURE Laceration MEASUREMENT ANATOMICAL
LOCATION
Punctured
Incised
Stab
Hack
Contusion
Hematoma
Abrasions
ANATOMIC DIAGRAM
RELEASE OF FOREIGN BODIES TO THIRD
PARTIES
Hospital shall take custody of all foreign bodies (e.g slugs,
imbedded sharp objects) extracted from the victim, and
shall only be released to authorized legal authorities upon
presentation of formal written request, and or upon a valid
court order.
ISSUANCE OF MEDICO-LEGAL
REPORT/CERTIFICATE
PATIENT
NEXT OF KIN
LEGAL AUTHORITIES
-right to privacy/confidentiality
-indirect contempt/obstruction of justice
BASIC NECESSITIES NEEDED AT THE
ER

- GLOVES
- CAMERA, VIDEOCAM
-BIG PLASTIC BAG
- BODY SKETCH FORM
- GLASS VIALS
- RAPE KIT (optional)
CUSTODY AND TURNOVER OF EVIDENCE TO
LEGAL AUTHORITIES

--- identification and treatment

--- initial examination of clothing and
belongings

CHAIN OF CUSTODY what, where, for how long?

--- formal letter of request from the Chief for turnover of objects (e.g.
slug, knike, etc ), issuance of medical report, ballistics test
PRESIDENTIAL DECREE NO. 169

--- MANDATORY REPORTING OF CASES BY PHYSICIANS INVOLVING

LESS SERIOUS AND SERIOUS PHYSICAL INJURIES TO POLICE
AUTHORITIES
penalty of 1-3 years imprisonment, P1,000.00-3,000.00 fine and
revocation of license
DEATH AT THE ER

POST MORTEM EXAMINATION

REQUEST FOR AUTOPSY
 MARAMING
SALAMAT PO!!!
RETROMANIACS
RJ Dusit Thani Hotel
Makati Saturdays
9pm-1am
Castro Rebosa Rebosa Law
Office

Atty. Tony D. Rebosa,MD,BSCrim,FCLM