LEGAL MEDICINE
Dr. Ernesto Evangelista, Jr.
Legal Med (chapter 1)
• Application and
study of medical
problems which
are presented by
crimes.
Legal med
Legal Med (chapter 1)
• Legal Medicine:
• A branch of medicine
• Application of medical knowledge for the purpose of law
and administration of justice
• EMPLOYED by legal authorities for the solution of legal
problems
• Physician who testifies in court in his professional
capacity
Legal Med (chapter 1)
• Medical Jurisprudence:
• Law concerning regulations
governing the professional practice of
Doctor of Medicine
• E.g. Euthanasia
Legal Med (chapter 1)
• DEFINITIONS OF TERMS
• Law:
• Rule of conduct, just and
obligatory laid by legitimate
powers for common
observance and benefit
Legal Med (chapter 1)
• FORENSIC:
• Anything belonging to the
court of law
• Used in court of legal
proceedings
• Fitted for legal or public
argumentation
Legal Med (chapter 1)
• JURISPRUDENCE:
• Practical science which
investigates:
• Nature
• Origin
• Development
• Functions of law
Legal Med (chapter 1)
• PRINCIPLE OF STARE
DECISIS:
• A principle that when a court
has once laid down a
principleof law as applied to a
certain state of facts, it will
adhere to and apply to all
future cases where the facts are
subtantially the same
Legal Med (chapter 1)
• CRIMINALISTICS:
• Application of medical and other
basic sciences
• Crime detection and investigation
• EVIDENCES ARE:
• Collection
• Identification
• Preservation
Legal Med (chapter 1)
• HISTORY:
• 1858: First medical textbook printed (UST)
• 1895: Medico-legal lab (Manila)
• 1908: Legal medicine thought in medical schools (Philippines)
• 1919: Department of Legal Medicine and ethics (UP) under Dr.
Sixto delos Angeles
• 1945: Criminal Investigation Laboratory Division; chief medico-legal
officer: Dr. Mariano Lara
Legal Med (chapter 1)
• Medico-legal system in Philippines
• Medico-legal officer: registered physician duly
qualified to practice medicine in philippines
• NBI and Philippine National Police have their own
respective medico-legal officer
Legal Med (chapter 1)
• Medico-Legal Officer:
• Investigates medico-legal
cases of:
• Death
• Physical injuries
• Rape
• Other sexual crimes
Legal Med (chapter 1)
• Authorized to perform autopsies:
• Medico-legal officers
(NBI/PNP)
• Medical staff of accredited
hospitals
• Health officers in remote or
rural areas
Legal Med (chapter 1)
• MEDICAL EVIDENCE:
• Is a means, sanctioned by rules
of court, of ascertaining in the
judicial proceedings the truth
respecting the matter of fact.
Legal Med (chapter 1)
• TYPES:
• Real, autoptic or object:
• Evidence made known
• Addressed to the senses of
court
• Highest form of proof
• Human skeletal
Legal Med (chapter 1)
• Testimonial:
• Orally/writing answers
• Questions in court
• Medical witness only on matters
derived by his own perception
• Hearsay: not admissable to court
• Repetitions from others
• EXCEPT: Dying declaration
Legal Med (chapter 1)
• Dying declaration:
• Declarantwas conscious about his impending death
• Declarant full possession of his mental status
• Declarant must be with regards to his impending death
• Cannot be used in civil action
• Not admissible if patient recovers
Legal Med (chapter 1)
• EXPERIMENTAL:
• Laboratory animals to prove
his allegations from previously
stated in full view of the court
Legal Med (chapter 1)
• DOCUMENTARY:
• Written document
• Medical certificate or reporT
• Physical exam
• Autopsy
• Exhumation
• Death certificate
• Birth certificate
Legal Med (chapter 1)
• Medical Expert Opinion:
• Expertise/trainings
• Deposition
• Orally transcribed in writing
• Interrogation
• Physical Evidence
• Articles and materials
• Crime investigation/detection
• Circumstances surrounding the crime
Legal Med (chapter 1)
• Types of Physical Evidence:
• A. CORPUS DELICTI:
• The body of crime or actual commission of the
crime charged
• E.g. Blood stained knife
• Body of victim
Legal Med (chapter 1)
• B. Associate Evidence:
• Links the suspect to the commission of the crime
• Weapons used, fingerprints
• Training Evidence:
• Physical evidence help locate the where about of the
perpetuators:
• Ship manifest, airline manifest
Legal Med (chapter 1)
• EVIDENCE FOR CONVICTION
• 1.) Direct
• Proves the fact in dispute
without the aid of any
interference or presumption
• 2.) Circumstantial
• Proof of fact/facts
• Necessary/probable
consequence
Legal Med (chapter 1)
• 3.) Prima Facie
• Evidence which suffixes for the
proof of a particular fact until
contradicted by other evidences
• 4.) Corroborative
• Additional evidence proving to
the same point
• 5.) Expert
• Testimony of an expert
Legal Med (chapter 1)
• 6.) Relevant Evidence:
• Having any value reason as
tending to prove any matter
probable in an action
• 7.) Material Evidence:
• Refers to the direction to prove
a fact in issue as determine by
rules of substantive law
Legal Med (chapter 1)
• 8.) Corpus Delicti:
• The body of the crime
• Actual commission of the
crime
Legal Med (chapter 1)
• METHODS OF PRESERVING
EVIDENCE:
• Photography and Audio:
• Visual recording
• Most useful and reliable
• Camera
Legal Med (chapter 1)
• Sketching:
• Rough drawing
• Scene or object
• If no scientific apparatus
Legal Med (chapter 1)
• Description:
• Keen observation and
perception
• Put into words
• The person or thing to be
preserved
Legal Med (chapter 1)
• Testimony from the witness/s
• Person who has power to
transmit to others what HE
HAS percieved
• Specific Methods
• Embalming
• Refrigeration
• Staining for blood and semen
Legal Med (chapter 1)
• PROOF BEYOND REASONABLE DOUBT:
• In criminal case, the defendant is entitled to an
acquittal unless guilt is shown beyond reasonable
doubt.
End of chapter 1
