 Reconstructing the crime scene;

 Tracing and locating the suspect;

Special Crime Investigation- It is a special study of modern techniques in the  Vigorous questioning of the suspect in custody and in observance of due
investigation of serious and specific crime. This focus on specific crimes which by their process;
nature are difficult and complex to investigate. The following are some examples of  Serves as a witness in favor of the aggrieved or offended party
cases subject to special crime investigation:

1.Robbery ELEMENTS OF MANAGING SPECIAL CRIME INVESTIGATION

2.Arson
3.Kidnapping 1. Preliminary or Initial Investigation – This initial investigation is the job or
4.Abortion responsibility of the patrol officer responding to the call.
5.Rape Steps of the preliminary investigation:
6.Murder (1) receipt of information, initial response, and officer safety
7.Homicide procedures;
8.Carnapping (2) emergency care;
9.Criminal negligence, Hit and Run cases (3) secure and control persons at the scene;
10.Bombing (4) issue a be-on-the-lookout;
11.Swindling (5) evidence procedures generally; and
(6) the incident/offense report
Criminal Investigation- Is both a science and art in conducting inquiry pertaining to
- Information typically originates with the victim or a witness
crime or offense in consonance with legal procedures to establish the truth for the
-The aim is to have the uniformed police officer obtain all information
interest of justice and equity.
available at the crime scene so that this task need not to be repeated; the
Criminal Investigator-A public safety officer who is tasked to conduct investigation of investigator assigned will continue it.
all criminal cases as provided and embodied for under the Revised Penal Code or 2. Case Screening
criminal law of the country, and other special laws which are criminal in nature. 3. Continuing Investigation
4. Police-Prosecutor Relations
Phases of Criminal Investigation
5. Investigative Monitoring System
Three-fold aims to accomplish in Criminal Investigation
Sources in Reconstructing the Past Concerning a Crime
- To establish that a crime was actually committed,
1. People – The careful investigator identifies and exploits all potential
-To identify the guilty party;
sources.
-To locate the guilty party;
-To provide evidence of his guilt. 2. Physical Evidence – Includes any object of a material nature commonly
found at the crime scene.
Six (6) cardinal points of investigation. 3. Records – It maybe a form of a physical evidence; however, they receive
-What specific offense has been committed separate treatment because they are widely scattered, voluminous and
-Who committed it have specialists devoting full time to their storage and retrieval. They may
-Where the offense was committed? be stored on film, tape or even computer disc or hard drive
-When it was committed?
-Why it was committed? Stages in Crime Scene Reconstruction:
-How it was committed?
1. Data Collection
PURPOSE OF CRIMINAL INVESTIGATION 2. Conjecture
1.To know the crime; its element and circumstances; identify the victim, the suspects 3. Hypothesis formulation
and witnesses and secure physical evidence. 4. Testing
2.To know the truth;
5. Theory formulation
3.To know the motive.

Job of the investigator

 Identifying the criminal offender;
 Protecting the crime scene;
 Collection of evidence from the crime scene;
 Interviewing witnesses;
Types of Crime scene reconstruction 1894 – The “Medico Titulares of Forensic” which is about the regulation and its
practice was published.
According to nature of Physical evidence crime Crime scene reconstruction
crime scene reconstruction of accidents cases 1895 – A medico-legal laboratory was established in Manila to handle medico-
 Suicide  Blood or biological  Hit and run cases legalcases.
 Homicidal spatter patter  Other means of
 Arson  Theft scene transportation 1898 – During the American regime, the Spanish Forensic Medicine System
 Theft disturbance  Building and bridge waspreserved.
 Robbery  Shooting pattern collapsed cases
 Pattern evidence 1901 – The provincial, insular and municipal board of health (Acts 157, 307, 308)
 White-collar
was created by the Philippine Commission which is about the medico-legal duties of
 Other specific type of
crime scene “medico titulares” of the Spanish regime and its assignment to the health officers of
reconstruction the respective areas.
Legal Medicine is a branch of medicine that deals with application of medical
1908 – Legal Medicine was taught in all medical schools in the Philippines.
knowledge for the purpose of law and administration of justice. It is also part of medical
service which is employed by the legal authorities for the solution of legal problems. 1919 – The Department of Legal Medicine and Ethics of the University of the
Any physician who testifies in court in his professional capacity can be considered a Philippines was created under Dr. Sixto de Los Angeles as chief.
practitioner of legal medicine.
January 10, 1922 – The Department of Legal Medicine and Ethics of the University
Medical Jurisprudence is that part of the law which is concerned with regulations of the Philippines with its Department head was incorporated to the Philippine
governing the professional practice of Doctor of Medicine. The sights, duties and General Hospital.
obligations of the medical practitioner to his patient.
March 10, 1922 – The Philippine Legislature enacted Act No. 1043 which became
Technical Definitions incorporated in the administrative code as Section 2465 and provides that the
Department of Legal Medicine and Ethics of the University of the Philippines
1. Law – is a Rule of Conduct, just and obligatory laid by legitimate powers for common
became a branch of the Department of Justice.
observance and benefit.
1945 – After the liberation of Manila, Criminal Investigation Laboratory Division was
2. Forensic – It devotes anything belonging to the court of law or used in court of legal
created with Dr. Mariano Lara a chief Medico – legal officer.
proceedings or something fitted for legal or public argumentation.
Persons authorized to Perform Autopsies
3. Jurisprudence – is a practical science which investigates the nature, origin,
development and functions of law. “a science of giving wise interpretation of the law” 1. Medico – legal officers of law enforcement agencies like the NBI and PNP
2. Medical staff of accredited hospitals
4. Principle of Stare Decisis – A principle that when the court once laid down a 3. Health officer in remote or rural areas.
principle of law as applied to certain state of facts, it will adhere and apply to all future
cases where the facts are substantially the same. Medical Evidence

5. Criminalistics – it is the application of medical and other basic science in crime Evidence is a means, sanctioned by rules of court, of ascertaining in the judicial
investigation. It includes collection, identification and preservation of evidence. proceedings the truth respecting the matter of fact. (Rules of court, Rule 128 section
1) medical evidence if the means employed to prove a fact is medical in nature.
Historical Development of Legal Medicine in the Philippines
Types of Medical Evidence
1858 – The first textbook in Legal Medicine and its practice by Dr. Rafael Genard y Mas,
who is a Spanish chief army physician was published and is entitled “Manual de 1. Real, autoptic or object evidence – it is an evidence that made known or
Medecina Domestica.” addressed to the senses of the court. The probative value of real evidence is the
best and highest form of proof.
1871 – Legal medicine was included in the curriculum of the college of medicine in the
University of Santo Thomas. Example:

March 31, 1876 – The “medico titulares” which took charge of the public sanitation and Human Skeletal remains may be allowed inside the court room to show presence of
medico-legal aid for the purpose of justice was created by the King of Spain in his Ante Mortem fractures.
Royal Decree No. 188.
2. Testimonial Evidence – form of evidence taken orally or in writing the answers to B. Associate evidence – These are evidences which links the suspect to the
questions propounded by the counsel and presiding officer of the court. A medical commission of the crime. Examples. Weapons used, finger and foot prints, wearing
witness can only testify on matters derived by his own perception. apparent.

Hearsay information are as a rule not admissible in court. Hearsay evidences are C. Training Evidence – These are physical evidence which may help in locating
now knowledge of the witness but from mere repetition of what he has heard. A witness the whereabouts of the perpetrators of the crime. Examples. Ship manifest, airlines
can testify only those facts which he knows of his own knowledge. manifest.

Exception to the non – admissibility of hearsay evidence is dying declaration. Evidence Necessary for Conviction
Physicians are frequent recipients of the dying declarations in clinic and hospitals.
1. Direct Evidence – An evidence which proves the fact in dispute without the aid
To be admissible the following factors should be considered. of any inference or presumption.

1. That the declarant was conscious about his impending death. 2. Circumstantial Evidence – It is a proof of fact or facts from which, taken either
2. That the declarant was in full possession of his mental faculties. singly of collectively maybe informed as necessary of probable consequence.
3. That the declarant must be with regards to his impending death.
A dying declaration cannot be used in civil action and is not admissible if the patient 3. Prima Facie Evidence – It is that evidence which suffixes for the proof of a
recovers. particular fact until contradicted by other evidences

3. Experimental Evidence – a medical witness may be permitted to conduct 4. Corroborative Evidences – it is an additional evidence of a different kind and
experiment on laboratory animals to prove his allegations on certain position he had character, tending to prove the same point.
previously stated in full view of the court.
5. Expert Evidence – It is testimony of the possessing, in regards to particular
4. Documentary Evidence – a written evidence presented to the court by the expert subject on Department of Human Activity, knowledge not usually acquired by other
witness about the subject matter in dispute. persons.

Medical Documentary Evidence may be in the form of: 6. Relevant Evidence – It is an evidence having any value of reason as tending to
prove any matter probable in an action.
A. Medical certification or report
7. Material Evidence – An evidence which refers to the direction to prove a fact in
1. Physical Examination Report issue as determine by the rules of substantive law.
2. Autopsy report
3. Exhumation report 8. Competent Evidence – It is an evidence which is not included by law in a
4. Death certificate particular case.
5. Birth Certificate
9. Corpus Delicti – It means the body of the crime or actual commission of the
B. Medical Expert Opinion – a physician on account of his training and crime charged.
expertise can give his own opinion on a set of medical facts.
Methods of Preserving Evidence
C. Deposition – is a written record of evidence given orally and transcribed in
writing in the form of questions by the interrogation and the answers of his 1. Photography and Audio – Visual Recording. Photography is the most useful
deponent and signed by the latter. and reliable means of preserving evidence. Camera is easily available and
reproduction is easy.
5. Physical Evidence – these are articles and materials which are necessary in crime
investigation and detection, this will aid in establishing the identities of the criminal and 2. Sketching – Rough drawing of the scene or object is done if no scientific
the circumstances surrounding the commission of the crime. apparatus to preserve evidence is available.

The following are types of physical evidence necessary for the conviction of the 3. Description – It requires keen observation and perception in putting in words the
perpetrators. person or thing to be preserved.

A. Corpus Delicti Evidence – it means the body of the crime or actual commission of 4. Testimony from the Witness or Witnesses – A person who has the power to
the crime charged. Examples. Body of the victim of murder, blood stained knife. transmit to others what he has perceived.

5. Special Methods:
A. Embalming for human body algorithm to analyze the polygraph data in order to estimate a probability level of
B. Refrigeration for Blood lying or sincerity of a subject.
C. Staining for blood and semen
2. Use of Drugs
Proof beyond reasonable doubt.
a. Narco Synthesis or Narco Analysis
In a criminal case, the defendant is entitled to an acquittal unless guilt is
showed beyond reasonable doubt. b. Administration of Truth Serum

MEDICO LEGAL INVESTIGATION c. Use of Alcoholic beverages

Truth is necessary in the administration of justice attained by using medical techniques. 3. Stimulus Association Test
Although the result in medical techniques in deception detection are not admissible as
4. Use of Hypnotism
evidence in court, it may be useful for further investigation. The role of physician in
criminal investigation utilizing in its operation and interpret the results. SIGNS AND SYMPTOMS OF GUILT
1. Color Change
DECEPTION DETECTION METHODS 2. Sweating or perspiration accompanied by flushed face
3. Dryness of mouth
It is a method of gathering information from the subject about the crime in dispute
4. Excessive activity of Adam’s apple on account of inhibition of salivary gland
employing the use of special medicines and other devices, drugs and other substances. 5. Fidgeting
Their results are not admissible in court but useful for further investigation. 6. Inability to Look Straight at the Interrogator’s Eyes
7. Breathing
METHODS OF DECEPTION DETECTION
8. Peculiar and Unusual Expression
1. Use of polygraph test or lie detector test or Keeler’s test. 9. Swearing to the Truthfulness of his Assertions
10. Spotless Record
 Daniel Defoe advance a theory that the pulse of a suspicious person can reveal
that the person is lying in his essay "An Effectual Scheme to the Immediate
Confession and Admission
Preventing and Suppressing of Street Robberies all Other Disorders of the Night"
A confession is a declaration of the accused that he had committed or participated
 1878-Angelo Mosso used an instrument called a plethysmograph to detect the
in the commission of the crime and therefore a statement of guilt .
change in blood pressure.
admission is a statement of fact usually applied in criminal cases which do not
 Sir James Mackenzie, MD, constructed the first polygraph in 1892.
directly involve an acknowledgement of guilt or criminal intent.
 Cesare Lombroso the first who use a scientific instrument to measure
Kinds of Confession:
physiological responses ; modified an existing instrument called a
hydrosphygmograph A. Extra Judicial Confession- Confession made outside the court during
preliminary investigation.
 Dr. William Moulton Marston credited with the invention of a primitive form of lie
detector when he developed in 1915, of the systolic blood pressure test, which 1. Voluntary extra judicial confession – a confession voluntarily made outside the
would become, subsequently, a component of the modern polygraph. court in his free will without using force, intimidation, violence, threat, promise or
reward. This confession is voluntarily and admissible in court as evidence.
 1921, John A. Larson- built the original lie detector device
2. Involuntary extra judicial – this is a confession done outside the court wherein
 1939, Leonarde Keeler patented what is considered the prototype of the modern
the accused made the statement which is not of his own free will or influenced by
polygraph - the Keeler Polygraph. Today Leonarde Keeler is known as the
other person or given as a result of force or intimidation, violence, threat, promise or
father of the polygraph.
reward. This confession is not admissible in court as evidence because it is
Computer age of the polygraph involuntarily taken and under threat, force, intimidation reward or promise.

The polygraph made its official entry into the computer age around 1993 when B. Judicial Confession- A confession made inside the court. It is conclusive and
statisticians of the Johns Hopkins University Applied Physics Laboratory in Maryland maybe considered to be a mitigating circumstance to criminal liability.
completed a software called PolyScore, which used a sophisticated mathematical
IDENTIFICATION OF PERSON OF MATERIAL 1. Marks of the Face.
a. presence of birth marks, tribal marks, scars, moles and tattoo
Identification - is the recognition of an individual as determine, by characteristics which b. presence of pimples, pock marks, freckles and new growth
distinguish that individual from all others. c. presence of lines at the sides of nose and mouth
2. Eyes.
Importance of Identification
a. Size - big or small
1. A person who had been arrested of his criminal act and that of the victim, the b. Shape - slit like or almond shape
identities must be established in order to prosecute the case, c. Color - black, brown, blue, red eyes
d. Conditions of eyelashes and eyebrows
2. The identities of a person who died leaving a vast of state and the person who e. Presence of abnormalities in the eyes - cross eyed, pterygium. arcus
claimed to be the legal heir of the deceased must be established senilis
3. Nose.
3. Identification relieves the anxiety of his love ones and friends of a missing or victims a. Size and shape - flat or pointed
of airplane crashed or ship wrecked. b. Condition of the nasal openings
4. Head.
4. Identification necessary in bank transactions or entering premises. Size and Shape
Rule in Personal Identification Caucasian - elongated head
Indians and Eskimos - flat head
Law of Multiplicity of Evidence Identification Malayan and Mongolian round
5. Condition of the Hair
The greater the number of point of similarities and dissimilarities of 2 persons compared, a. Hair lines - anterior and posterior lines
the greater is the probability for the conclusion to be correct. b. Absence, thin, thick, kinky hairs
c. Short and long hair
The following points should be taken in consideration when unknown of body is found. 6. Ears.
a. Size - big and small
1. Place, date, time when the body was found.
b. Shape and configuration
2. Approximate age and built and height c. Presence of earring holes, pinched ears
7. Mouth.
3. Probable cause of death and time of death a. Size - big or small mouth
b. Lips- thin or thick lips
4. Complete description of body including tattoo marks 8. Body Built.
a. thin or skinny
The Law of Multiplicity is a law applicable identification which states that the greater the b. fat, obese or robust
similarities and dissimilarities the greater is the probability for the conclusion to be 9. Height - A person ceases to increase in height at the age of 25 years. As the
correct. person grows older the height decreases due to fusion of the intervertebral discs,
Points to be considered in Identifying a Person The height of a person can be easily determined by using simple
instrument if the body is complete. But if some parts of the body are lacking actual
1. Face- It is a very important means of identifying a person. It may be oval, elongated, measurements may not be possible,
or triangular. The feature of the face: Some of the methods used to approximate the height:
a. Caucasian-prominent sharp nose A. Measure the distance between the tips of the middle fingers of both
b. Flat nose with round face among Malayan hands extended laterally it will be approximates the height of the person,
c. Mongolian - almond eyes and prominent cheek bone B. Measure the distance from the vertex of the skull symphysis pubis
d. Negro - Thick lips prominent eyes, black face. multiply by two that will be approximates the height.
Facial expression or facies brought about by effects of diseases or race. C. Distance between supra sternal notch to the symphysis pubis multiply
1. Hippocratic Facies - It is a facial expression of a person approaching death. Eyes by three that will be approximates the height.
sunken, pinched nose, temple hollow, lips relaxed, livid skin 10. Presence of Tattoo marks in the form of drawings, names and initials.
2. Myxedema Facies - The face of a person is pole, swollen cheeks which do not pit on 11. Gait walking characteristics manner of
pressure associated with slow speech and muscle weakness. a. Cerebellar Gait - A swaying or staggering manner of walking like that of
a drunken person.
3. Mongolian Facies - Dull-look appearance of a person characterized by almond shape b. Cow's Gait - A manner of walking due to knock knee like that of a cow.
eyes, pale complexion and prominence of check bones. c. Ataxic Gait - A gait in which the foot is raised high and forward drop
down suddenly.
4. Facies Leonine - Lion face of a person suffering from leprosy with a pinched nose, d. Paretic Gait - feet and legs are held wide apart, steps are short, feet are
enlarged ears, prominence of orbital bones, thick lips and glistening oily face. dragged.
e. Spastic Gait - A person walks like a robot the legs are held together and
move forward with a short steps and toes are dragged Scientific Methods of Identification
f. Frog Gait - Hopping Gait like that of a frog. 1. Dactylography - art and study of recording finger prints.
g. Waddling Gait - Swaying movements of the buttocks like that of a duck. Dactyloscopy - art of identification by comparison of fingerprints.
12. Teeth. Poroscopy - Study of pores found on the papillary ridges of the skin.
a. natural or artificial Fingerprinting considered to be the most valuable method of identification and it is
b. loss of teeth - partial or complete universally accepted. Fingerprints are not changeable and it is formed on 4th month
c. alignment and color of the teeth of pregnancy.
d. condition of the gums Practical uses of Fingerprints
13. Other means that may be of help in identification 1. Establish the identity of a missing or unknown person.
a. Clothing - design, style, texture, stains in the clothing 2. Fingerprints recovered from the crime scene may associate the person or
b. Ornaments or Jewelries - watches, rings, earrings, necklace and bracelets weapon.
c. Personal Belongings - wallet bag, driver's license, calling card, pictures and 3. Substitute for signature among illiterate written congenital anomalies in the hand.
eyeglasses Bibliotics - Science of hand writing analysis. It is a study of documents its genuine
d. Identification thru finger prints and handwriting or authorship.
Anthropometry - Alphonse Bertillon, a French Criminologists devised scheme using Bibliotist - a person who had acquired special knowledge of the science of
anthropometrical measurement of the human body. The number of bones of human handwriting or hand writing expert of qualified questioned documents examiner.
adult skeleton is 206. Graphology - The study of handwriting for the purpose of determining writer's
Basis for Bertillon system personality, character and aptitude.
1. Human skeleton does not change after 20 years, Handwriting is a complex interaction of nerves, memory and muscular movement.
2. It is impossible to find two human beings having bones exactly the same. Writing is a conscious act, but in account of a repeated act unconscious it becomes
3. Measurements can be easily taken by using simple instrument. habitual and
Importance in the Study of Skeleton 4. Determination of Age
1. It can be determined whether the skeleton is of human origin or not. Importance of Age Determination
2. Determination of Sex A. Classification of a person whether infant, child, adolescence, adult and old age.
3. Determination of Race B. To determine criminal liability.
4. Determination of Height Circumstances which exempt from criminal liability – Article 12, RPC
5. Determination of Age 1. person under nine years of age
6. Determination of Ante or Post Mortem Injuries 2. person over nine year of age and fifteen years
7. Determination of Duration of Interment The life of a person is divided into four periods
As a general rule, female bones are usually smaller, lighter and smoother than that of 1. Age absolute irresponsibility - under 9 years,
male. 2. Age of conditional responsibility - Between 9 and 15 years old
Examination of the Skeleton 3. Age of full responsibility - over 18 years old to 70 years old.
Bones of the skeleton are remnants of the dead body and are very important in 4. Age of full responsibility - over 9 years and under 15 years old offer activity with
elucidating legal problems. After the soft tissues disappeared and only the skeletal discernment.
system remains, the study of the bones is rather a difficult procedure especially when C. For right of suffrage or in the exercise of political rights.
the bones were incomplete and only fragments recover. D. To determine the capacity to contract marriage
The identification of the bones by the naked eye depends on the parts recovered. The E. An element by which contain crime are committed e.g. rape, seduction,
skull is easily distinguished as belonging to human being. The structures of the bones abduction and infanticide.
in all mammals are basically similar. The oval or the round shape of the skull and less
prominence of the lower jaw nasal bone suggest that in from human remains Determination of Age of the Fetus
The pelvis gives the best indication of sex particularly the ischium puble index. The Rules in the Determination of Age of the Fetus
bones that may be examined to determine the sex. These are the pelvis skull, sternum, 1. For fetus less than 25cms. long, find the square root of the length in centimeters
humerus and femur and the result in the age of the fetus in lunar month. One lunar month is equivalent
to 28 days. Example. The length of the fetus is 9cms. then the age is 3 months.
Differences between Male and Female Pelvis 2. For fetus 25cms. long or more, divide the length of the fetus in centimeters by 5,
the results will be age in months.
Male Pelvis: Female Pelvis:
1. Heavier in construction 1. Lighter in construction Determination of Age of Childhood and Adulthood
2. Pubic Arch - narrow and less round 2. Pubic Arch - wider and round For determination of age in childhood, the best guide is the eruption of deciduous
3. Diameter of true pelvis in less 3. Diameter of true pelvis is greater or temporary teeth which starts to erupt at 6 months and completed at 2 years.
4. Greater sciatic notch is narrow 4. Greater sciatic notch is wider While the eruption of permanent teeth in adulthood starts at 6th year and
5. Body of the pubis is narrow 5. Body of the pubis is wider completed at 17-18 years.
6. Obturator Foramen is egg shape 6. Obturator Foramen - triangular in shape
7. Sacrum is short and wide 7. Sacrum is short and wide
Points to be considered in Determination of Age in Adulthood Filipino has about 200cc. Loss of 6 glasses means loss of life while loss of 3
1. Appearance and growth of pubic hair, moustache and beard. Pubic hair begins to glasses will cause anemia.
appear at the age of 13 years in female and 14 years old in male and complete at 16-17 In medico-legal cases, the blood and the blood stained materials will be object of
years. Moustache and beard in male starts to appear at 16-18 years old. examination in the crime laboratory and the pointers to consider are the following:
2. Enlargement of breast in females. The breast of the female starts to develop at 13-14  Determination whether the stain is blood or not
years old  If blood, determination whether human blood or not
3. Change of Voice - The change of voice in male and female occurs at the age of 16-  If human blood, determination of the blood group or blood type does it
18 years old. belong :Blood Group or Blood Types - A, B, AB, O
4. Changes in the Color of Hair - The hair usually changes its color at the age of 40  Characteristic of the Stain and the Stained Material
years old from black to grey then silvery white in old age. - Age of the stain
5. Grade or year in school or college - Children usually start schooling at 5 years old - Color of the stain
and then enter primary school at 7 years old. Usually at 16-18 years old, the person is - Clothing of the blood condition of the stained material
in first year college. - Approximate amount of blood lost
6. Menstruation usually starts at the age of 12 - 13 years old. - Nature, configuration, manner, degree and condition of the
7. Atheromatous changes in the aorta and cataract formation usually appears at 40 stained materials.
years old and above. Age of the Stain: The aging of the stain can be estimated from its color and
8. Wrinkles of the skin usually appear at 40 years old and above. hemoglobin derivatives. The red color of the blood is due to the presence of the
hemoglobin in the red blood corpuscles. Hemoglobin is the iron containing protein of
Examination of the Product of Conception the blood and is composed of two substances:
1 month - ovum 1cm. long, weight is 2.5 grams eyes are seen as 2 dark spots. 1. Globin, a protein
2 months - ovum 4cms. long, 10 grams in weight, eyes and nose recognizable. Anus is 2. Hematin, an organic compound of iron
seen as dark spot. The normal amount of hemoglobin for an adult individual is 14 to 17 grams for each
3 months - length 8cms., weight - 30 grams. Nails begin to appear. Placenta is formed 100 cc, of blood. In the circulation, the hemoglobin is found in two forms under
sex organs have appeared. normal conditions:
4 months - length 13cms., weight - 204 grams, sex can be distinguished Lanugo. Hair is 1. Oxyhemoglobin - It is found in oxygenated blood which is arterial in nature.
visible in the body. Fingerprints begin to appear. 2. Reduced Hemoglobin - It is chiefly venous blood Arterial blood is usually bright
5 months - length 22cms., weight - 450 grams, skin begin to be covered by Vernex red while venous blood is purplish red. This variation in color depends upon the
Caseossa. Dental gums appear in the mandible. relative proportions of the oxyhemoglobin and reduced hemoglobin in the blood.
6 months - length - 30cms., weight - 1 kilogram skin wrinkled. Hair appears at the head, The blood of about 7 days old and of one half month may not present differences in
Textiles lie close to the kidneys. Eyebrows and eyelashes begin to appear. physical and chemical properties.
7 months - length 18cms., weight - 1.5kgs. eyelids open: Textiles begin to dissent into Physical examination of the Stained Material: Its physical characteristics should be
the scrotum. Body is dark red and with hair at the scalp. The child is viable (28 weeks). described as to its nature, configuration, manner, degree and the condition of the
8 months - 42 cms. in length, 2-2.5kgs. in weight. 8 Skin wrinkled and flesh colored. stained materials. The amount of blood loss maybe approximated from the surface
Lanugo hair beginning to shed. Textiles in the scrotum. Nails reach end of the fingers. of the stained material.
Skin is red. Tests for the Blood:
9 months - length - 45-50cms., weight is 3 3.5kgs., scalp covered with dark hair. A. Physical tests
1. Solubility test: Blood-stained material is placed in a saline solution will give a
3. Identification and determination of blood bright red color of the solution. This solution can be used for further examination of
Medico-legal importance in the study of blood the blood.
a. For identification whether the blood stain is of human origin or not. 2. Heat test: The blood stained material soaked in a saline solution and heated will
b. For blood transfusion and cross matching. have sediments or precipitates.
c. For disputed parentage. 3. Luminescence test: Stains on dark fabric with mud, paint and other substances
d. Corroborative evidence against or in favor of the perpetrator of the crime. will emit bluish white luminescence in a dark room when spayed with a special
e. Determination of the cause of death. The amount of blood loss without being solutions due to the reaction of hematin crystal. Although the solution does not
replaced, may imply that the cause of death is hemorrhage. Cherry red color of blood interfere with further test, unsprayed specimen of the material must be kept for the
may indicate carbon monoxide poisoning. serologic test. Lyon's Medical Jurisprudence for India, 10 ed. 1953, p. 303)
f. Determination of the direction of escape of the victim or assailant. Through drops of B. Chemical test: Although there is yet no chemical test which gives positive proof
blood or blood stain of the presence of blood but these are test which are of help in indicating which
g. Determination of the approximate time the crime was committed. From the study of stains should be submitted to further examination.
aging of the blood spilled and blood stained material 1. Benzidine test: A fragment of the suspected stain is placed in the filter paper.
The human blood is reddish liquid within the blood vessels and containing four Drop a solution consisting of one part of a 10% solution of benzidine in glacial acetic
elements such as red blood cells, white blood cell, platelets, and plasma, which is the acid (freshly made) and 10 parts hydrogen peroxide. A rapidly developing blue or
liquid portion. Hemoglobin is responsible for the red color of blood a normal healthy blue green color indicates the presence of blood. However, oxidizing agents other
than blood also gives these reactions, so that the test is more reliable when negative 1. Precipitin test: This test is of value in the determination whether the blood is of
than positive. This test has the sensitivity up to 1:300,000 dilution. human origin or not although of the anthropoid ape and related animal may give
2. Guiacum test (Van Deen's Day's or Schombein's test). Pressed and rubbed the the same result. It also determines whether muscles, secretions, bones, seminal
surface of the stain to the white filter paper. The solution of the alcoholic tincture of fluid and other body fluids are of human origin or not.
guiacum is added, then hydrogen peroxide or ozonic ether is applied by drops. A blue 2. Blood Grouping : The blood is composed of certain chemical substances called
color is indicative of the presence of blood, although other substances like potato skin, antigens located on the red blood cell surface.
iron rust, cheese, blue indigo gives positive results. The guiacum test is positive up to Parents Possible Children Impossible Children
1:50,000 dilution
3. Phenolphthalein test - (Kastle-Meyer test) : The Kastle-Meyer reagent is dropped
O+O O only A, B, AB
on a white filter with stained material. After 10 seconds, a drop of hydrogen peroxide is O+A O, A B, AB
placed. A pink color indicates the presence of peroxidase. This test is sensitive up to O+B O, B A, AB
1:80,000,000 dilution A+A O, A B, AB
4. Leuco-malachite Green test : With the use of hydrogen peroxide, the leuco-
malachite green is oxidized to malachite green giving a bluish green or peacock blue B+B O, B A, AB
color of the solution if blood is present. A+B O, A, B, AB NONE
5. Blood stained material in saline plus ammonia will give a brown solution due to O + AB A, B O, AB
the formation of alkaline hematin A + AB A, B, AB O
C. Microscopic Examination : The presence of red blood cells white blood cells,
platelets, epithelial cells and bacteria maybe seen when the saline extract of the stained B + AB A, B, AB O
material is examined under the microscope: The examination rely on the isolation of AB + AB A, B, AB O
corpuscles and a consideration of their shapes, size and the presence or absence of
nuclei. The fact that a stain is old will detract from the value of this because of alteration MEDICO-LEGAL ASPECT OF DEATH
to red cells. Death – is defined as absence of life in a living matter. It is the termination of life
The presence of blood in the mammals maybe distinguished by the shape and and complete loss of vital functions of the body. Thus upon death, the organism
appearance of the corpuscles all possessing circular discs. Menstrual blood will show returns to a stable equilibrium both physically and chemically.
vaginal epithelium and doederlein's bacillus In human being, the signs of life include the locomotion, respiration, circulation,
D. Micro-chemical test: brain activity and the presence of faculty of senses. The ascertainment of death is
1. Teichmann's test of Haemin crystals: A small portion of the stain is scrapped off, a clinical and not a legal problem.
and placed on a microscope slide. From a garment, the stain or a small part of it, In medico – legal death, it refers to the death which involves in crime or medico –
maybe cutout and placed on the slide, and finally covered with a cover slip. A drop of legal cases to prove or disprove that a foul play had been done.
glacial acetic in which is dissolved 0.1 gram of potassium iodide, chloride and bromide Importance of Death Determination
is run under the cover slide and the slide is warmed over the flame. The slide is 1. Personality of a person is extinguished by death.
removed from the flame when bubbles appear, and on cooling is brought to the flame 2. Criminal liability is extinguished by death.
again. Overheating must be avoided for production of crystals. Haemin crystals are red 3. Property of a person in transmitted to heirs or nearest kin.
brown which are bean shape or dumb-bell shape in appearance. The crystal may be 4. Basis of immediate removal of organs for transplantation.
usually located at the periphery of the cover slip. 5. Civil case for claim is dismissed.
2. Takayama's test for Haemochromogen crystals: A small piece of suspected stain
is placed on a slide and covered with a cover slip. Two or three drops of Takayama's Kinds of Death
reagent is made to drop at the sides of the cover slip. Salmon pink crystals assume the 1. Somatic or Clinical Death
shape of shallow rhomboids which, in the mass appear as feathery aggregates. A It is a complete, continuous and persistent cessation of respiration,
recommendation for this test, is the very characteristics haemochromogen spectrum circulation and almost all brain functions of an organism. Ordinarily, the physician
produced by the will discharge his duty if he listens with a stethoscope for signs of breathing or
3. Acetone Haemin test - Wagenhaar test : A dried stain or stained fabric is placed on beating of the heart intermittently for half a minute interval throughout a period of 10
a glass slide and cored with a cover slip with a needle interposed to prevent direct – 15 minutes as well as examining the eyes by a flashlight will show the pupil
contact of the cover slip with the slide. Drop acetone at the sides under the cover slip assumes a mid position and dilated and the disappearance of the corneal and light
so that the material is surrounded and a drop of dilute oxalic or acetic acid is then reflexes.
added. When examined under the high power microscope, the small dark dicroic, The immediate signs of death in a person are sudden cessation of upward
acicular crystals of acetone haemin are seen. and downward movements of the chest and the process of respiration, sudden
E. Spectroscopy Examination: The blood pigments, which is the hemoglobin and its appearance of pale color of the face and lips, the heart and pulse rate stop, jaw
derivative compound have the power of absorbing light of certain wave length and drops down and flaccidity of the muscles occurs pupils dilated and loss of corneal
produces certain characteristics bands on the spectrum with the use of spectroscope. and light reflexes.
maybe observed
F. Biologic Examination:
Clinical Types of Death If there is no heart action for a period of 5 – 10 minutes, death is
A. Sociological Death – type of death wherein the withdrawal and separation from the considered certain. Upon death, the heart stops beating in a persistent and
patient by others producing a sense of isolation and abandonment. Sociologic death continuous which cannot be revived by cardiac massage and other resuscitative
can last for years of patient is abandoned by the family, unvisited and let alone to die. measures for a period of five minutes. In case of decapitation and judicial hanging,
B. Psychic Death – the condition of death wherein the patient regresses, gives up or the heart beat persists for 15 minutes – 1 hour.
surrenders accepting death prematurely and refuses to continue living.
C. Biologic Death – type of death characterized by the absence of cognitive function or Methods of Detecting Stoppage of Heart Action and Circulation
awareness, although artificial support system may maintain organs functioning. A. Heart Action
D. Physiologic Death – type of death when all vital organs cease to function. 1. Palpation of the heart
2. Auscultation with the aid of stethoscope
2. Molecular Death or Cellular Death 3. Flouroscopic examination
It is the cessation of life of the individual cells in the body which occurs one at 4. Electro Cardiogram
a time after somatic death. Nerve and brain cells die earlier about 5 minutes after B. Examination of the Peripheral Circulation
somatic death while muscle cells live longer until the onset of rigor mortis which is 1. Magnus Test – ligature is tied around a finger, blood zone at the site of
about 2 – 6 hours. application and livid are dental to the ligature
2. Palpation of the radial pulse, carotid pulse and femoral pulse
3. Apparent Death of State of Suspended Animation 3. Icard’s Test – Subcutaneous injection of the flourescin dye. The skin will
It is a state of temporary cessation of vital activities of the body. This condition exhibit yellow green discoloration of the living skin.
is not actually death although classified under the kinds of death because person is still 4. Reddish color of the web of the fingers when the hand is placed against
alive although it seems that there are no signs of life. Apparent death may be seen in a sharp light. This test is called diaphanous tests.
diseases or conditions like uremia, hysteria, drowning and electrocution and sometimes
in newborn infants. 4. Loss of Body Heat Resulting to Cooling of the Body (ALGOR MORTIS)
When life is extinct and heat production in the body stops and its
Signs of Death temperature is lowered gradually to that of the surroundings. The lowering of the
Answers to the following questions must be obtained in any case of death body temperature is one of the earliest signs of death. The rate of fall of the body
which is the subject of an official investigation. temperature is most rapid in the first four hours after death until it reaches the
These questions are: temperature of the surroundings beyond 12 hours. The normal body
1. Is the body dead? temperature in a living person is 37°C or 98.3°F but upon death, the temperature
2. How long has the body been dead? gradually decreases. The fall of 15°F to 20°F is considered as death of the body
3. What is the cause of death? 5. Change in the eyes
Upon death, when the eyes are open, the person stares without movement of the
External Signs of Death eyes in any direction. Further examination will reveal the following changes in the
The most useful signs of death are those which can be detected by the eyes.
external examination of the body. A. Loss of corneal and Light Reflexes -
1. Loss of power to move and insensibility of the body as determined by visual
inspection the central nervous system consist of the brain and spinal cord is the seat of The cornea will not have a reaction of winking the eyes of contraction of the
all the faculties of senses and the power of locomotion. pupil when touched or stimulated by means of light.
2. Stoppage of Respiration
A person can hold his breath not longer than 3 ½ minutes. B. Haziness or Clouding of the Cornea – A white patch maybe seen at the
A. Upward and downward movements of the chest and abdomen must be cornea when the eyes are exposed to dry atmosphere after death.
observed. No movements upon death.
B. Palpation of the respiratory movement. C. Fixation of the Pupil - The pupil will be fixed and dilated.
C. Examination with the aid of stethoscope. Flow of air can be heard if there is D. Flaccidity of the Eyeball - Inter ocular tension falls to zero because of less
respiration. of muscle tone
D. Mirror Test. Dimming of the mirror due to condensation if respiration is
present. E. "Tache noir Selerotique" - described by Sommer in 1833 in a brownish
E. Placing of a feather of cotton fiber in the nostrils and mouth. If there is triangular spot in the Sclera.
movement then respiration is present.
F. Place a glass of water at the chest region. If there is movement of water 6. Changes in the Skin
then respiration is present.
G. Winslow Test – There is stoppage of respiration if there is no movement of A. Change of Color - Upon death, the skin of the face, lips and body become
the reflected image on the water on the chest of a person lying on his back. pale and waxy.
3. Stoppage of Heart Action and Circulation
B. Loss of the elasticity of the Skin.
Some authorities defined putrefaction as the breaking down of complex proteins,
C. Absence of Reaction to Injury - Application of heat will not produce blisters. carbohydrates, vitamins and minerals to simpler components by the action of its
Changes in the Body After Death enzymes and bacteria resulting to softening and liquefaction, liberation of putrid
The changes that occurred in the body at the time of death or within the next few gases and change in the color of tissues.
minutes or hours are very important to be used in determining that death has
taken place in a person. The flies will be attracted to the dead body during putrefaction and sipped the juicy
portion of the tissues. The egg will hatch within 24 hours and form maggots and
Stages of Muscular Change which again feed vigorously on damaged tissues. Other destructive agents in
decomposition are the rodents, lizards, snakes, vultures, ants and dogs. Fishes and
A. Stage of Primary Flaccidity It is the stage of muscular change upon death aquatic mammals when dead body is in water.
characterized the relaxation of muscles and loss of their natural tone so the jaw or head
drops down, the thorax collapses and the limbs becomes flaccid and the splinters relax. Sequence of Events in Putrefaction of Dead Body in Tropical Country
This is the reason why the dead person may still urinate, defecate or excrete waste
product of metabolism through pores in the skin. When muscles are subjected to After 1-2 days (24.48 hours)
mechanical or electrical stimuli the muscles will contract owing to the presence of life of
the individual cells. This stage lasts for 4-3 hours after death. Rigor mortis absent, putrefaction changes, muscles soft and flaccid. Greenish
discoloration over the abdomen. Some veins beneath the skin seen as interlacing
B. Stage of Post Mortem Rigidity or Rigor Mortis purplish brown network over the shoulder, chest and abdomen known as
marbolization
The whole body becomes rigid due to contraction of the muscles. This develops 3
4 hours after death and may lasts for 18-36 hours. The stiffness which develops in 3rd day (72 hours)
the muscles of the body after death depends upon post mortem chemical changes
affecting the glycogen and constituents of the muscle cytoplasm. For a short time after Abdomen distended with gases, trunk bloated, hair and nails loosened from its
death. The reaction of the muscle protoplasm is alkaline and as long as this condition attachment. Blister formation and blebs. Face grossly swollen and discolored.
endures the skeletal muscle remains flexible. In most cases, the reaction changes form Maggots seen.
alkaline to acid from 2-6 hours post mortem because of the conversion of glycogen and
other substances to sarcolactic and phosphoric acids, Rigidity then begins to develop in 1 week (7 days)
the muscles of the face, jaw, upper extremities, trunk and lower extremities. The
process is completed in 2-6 hours. This stiffness lasts from 12-36 hours. Further bloating of the body and discoloration of the skin. Bursting of blisters and
denudation of the skin. Soft tissues continue to putrefy.
Conditions Simulating Rigor Mortis
2 weeks (14 days)
1. Heat Stiffening - A condition characterized by hardening of the muscles due to
coagulation of muscle proteins when the dead body is exposed to intense heat as by Detachment of the hairs and nails from it attachment. Bursting of the thorax and
burning or immersion in a hot liquid. abdomen. Further dissolution of more resistant viscera.
1 month- Body completely skeletonized
2. Cold Stiffening - A condition characterized by hardening of the muscles due to The speed in which process of destruction occurs depends on whether the body is
solidification of fats, muscles and fluid when the dead body is exposed to extremely decaf in air, water or under the earth. The process more rapid in the air than in the
cold temperature other 2 media expressed by the old formula which states that 1 week in the air
equivalent to two weeks in the water or 8 weeks in the soil.
3. Cadaveric Spasms or Spontaneous Rigidity - It is the instant stiffening of a certain
group of muscles which occurs immediately at although its the cause moment of death, 3 Special Forms of Putrefaction
is unknown, it is associated with violent death due to extreme nervous tension, and A. Mummification
injury to the central nervous system. A condition where is removal of the body fluid before decomposition sets in that
resulted to sinking and preservation of the body.
C. Stage of Secondary Flaccidity Natural Mummification - The dead only is buried or exposed to a dry, hot sandy soil
A muscular change characterized by the softness and flaccidity of the muscles in with considerable air movement. While artificial mummification or embalming is a
which no longer responses to electrical or mechanical stimuli due to dissolution of the form which preserves the dead body by the addition of some chemicals like formalin,
muscle proteins that have been previously coagulated during the stage of rigor mortis, alcohol, phenol, mercury and arsenic and covering the skin with plaster of Paris
This stage is the onset of putrefaction.
B. Saponification or Adipocere Formation
Putrefaction - It is the process of dissolution of tissues by the digestive action of its
enzymes and bacteria that results to softening and liquefaction of tissues are usually It is a formation of a soft, friable and brownish white greasy substance. This
accompanied liberation of foul smelling gases and change of by the color of the tissues. substance is called adipocere and formed by the post mortem hydrolysis and
dehydrogenation of the body fats. Adipocere is a soapy or waxy material, rancid in
smell, dissolves in alcohol and ether when burned produces yellow flame. 9. Changes in the Hair - The rate of growth of hair loss has been estimated from 0.4
mm -- - 0.5 mm/day.
C. Maceration
10. Changes in the Urinary Bladder - The amount of urine in the bladder may
It is a condition of the dead body usually the fetus characterized by softening and indicate the time of death when taken into consideration the time when a person
discoloration of tissues as well as formation of blisters in the skin due to action of urinates or evacuates his urinary bladder.
autolytic and proteolytic enzymes in the absence of putrefactive bacteria.
11. States of Clothing - If the dead person is well dressed, it is more likely that death
Changes in the Blood after Death occurs at day time, but if wearing pajamas of nightgowns, it is possible that death
occurs at night and probably at home.
A. Change of Color
12. Presence or Absence of Fleas in the Clothing of dead Person in Water - If fleas
After death, the heart stops beating followed by stoppage of circulation. The stasis in in the clothing of a drowned person are still alive, then the person has been in water
the circulation will drain the blood from the capillaries and veins to accumulate in the less than 24 hours. Survival of the fleas is not possible they are in the water for
most dependent portions in the body due to pull of gravity producing discoloration in more than 24 hours
those subjected to pressure.
Presumption of Death
Post Mortem Lividity or Livor Mortis
Disputable Presumption - Rules of court Sec. 95 Rule 123, that a person not heard,
A discoloration of the body after death when blood tends to pool in the blood vessels of seen, or absent for seven years is dead.
the most dependent portions of the body which appears 20-30 minute after death and
complete in about 12 hours. The usual color is dull red or reddish purple with some A person on board a vessel who was lost during a sea voyage or an airplane which
bluish black petechiae due to rupture of small engorged capillaries. is missing who had not been heard for 4 years.

Importance of Livor Mortis A person in the military or armed forces who has taken part in war and has been
missing for 4 years.
1. One of the signs of death
2. Determines the protein maintains by the body after deaTh A person who has been in danger of death under other circumstances and his
existence has not been known for 4 years.
Basis in Estimating the Time of Death
Presumption of Survivorship
1. General Physical Changes - a warm supple of body with moist, transparent cornea
and moist lips as well as the absence of mortem lividity is a condition of post recent The presumption of survivorship of persons as to who died first can be interred from
death. the strength, age, sex of the person concerned.
2. Post Mortem Lividity or Livor Mortis - - The onset of post mortem lividity is 20-30
minutes and complete in about 12 hours. • If both were under the age of 15 years, the elder is presumed to have survived.
3. Post Mortem Rigidity or Rigor Mortis Onset is 3-4 hours after death completed in • If both were above the age of 60, the younger is presumed to have survived.
about 12 hours. May lasts 24-36 hours in tropical countries. • If one is under 15 and the other above 60 years old, the former is presumed to
4. Onset and Stage of Decomposition In tropical countries, the onset of decomposition have survived.
is 1-2 days after death skeletonized in a month's time. • If both be over 15 and under 16 years old and the sexes is different, the male is
presumed to have survived, if the sexes be the same, then the older is presumed to
5. Life Cycle of Flies - The egg or ova laid on dead bodies will hatch to form maggots have survived.
within 24 hours. The maggots will feed vigorously on the damaged dead bodies, then . If one be under 15 or over 60 years old and the other between those ages, the
transform into pupal stage and finally into adult flies within a few days. latter is presumed to have survived.

6. Change in the Body Temperature – Upon death, body temperature decreases SPECIAL DEATHS
gradually until it reaches the temperature of the environment, The rate of fall of the
temperature is from 15 F to 20°F is considered as a sign of death. I. JUDICIAL DEATH METHODS
1. Death by Electrocution
7. Changes in the blood - The blood remains fluid in the body after death for 6-9 hours. 2. Death by Hanging
3. Death by Musketry- firing squad
8. Changes in the Stomach - It is usually takes 3-4 hours for the stomach to empty its
contents after meals.
4. Death by Gas Chamber- potassium cyanide (or sodium cyanide) pellets III. SUICIDE
into a bath of sulfuric acid beneath the chair; the ensuing chemical reaction Psychological Classification of Suicide
generates lethal hydrogen cyanide gas.
1. First degree – deliberate, planned, premeditated, self-murder
OTHER METHODS OF CAPITAL PUNISHMENT 2. Second degree – impulsive, unplanned, under great provocation or
mitigating circumstances
1. Beheading 3. Third degree – sometimes called accidental suicide. This occurs when a
2. Crucifixion person puts his or her life into jeopardy by voluntary self – injury
3. Beating 4. Suicide under circumstances which suggest a lack of capacity for
4. Cutting Asunder- CUT INTO PIECES intention as when the person was psychotic or under influence and effects of
5. Precipitation from a height-MATABUNAN drugs and alcohol.
6. Destruction by a wild beast 5. Self-destruction due to negligence
7. Flaying-BINABALATAN NG BUHAY 6. Justifiable suicide – self- destruction action of a person with terminal
8. Impaling- TINUTUHOG illness.
9. Stoning
10. Strangling Evidence that will infer death is suicidal:
11. Smothering KILLING BY COVERING THE NOSE 1. History of depression, unresolved personal problem, mental disease
12. Drowning 2. Previous attempt of self- destruction
3. If committed by infliction of physical injuries, the wounds are located in areas
II. EUTHANASIA accessible to the hand, vital parts of the body and usually solitary.
Mercy Killing – deliberate and painless acceleration of death of a person
4. Effects of act of self-destruction found in the body of the victim
usually suffering from an incurable and distressing disease.
5. Presence of suicide note. Suicide scene in place not susceptible to public view
TYPES: 6. Evidence which will rule out homicide, murder, parricide, and other
manner of violent death.
1. Active Euthanasia-killing a patient by active means, for example, injecting a
patient with a lethal dose of a drug. DISPOSAL OF THE DEAD BODY
2. Passive Euthanasia- intentionally letting a patient die by withholding artificial life
support such as a ventilator or feeding tube. “do not resuscitate” Persons Charged with Duty of Burial:
a. Orthothanasia-refers to the art of promoting a humane and correct death, not
subjecting patients to misthanasia or dysthanasia and not abbreviating death either, that is, 1. If married: surviving spouse if possesses means to pay the necessary
subjecting them to euthanasia. expenses.
b. Dysthanasia-futile or useless treatment, which does not benefit a terminal patient. 2. Unmarried or child: nearest kin if they be adults and within the
(fighting death) Philippines and in possession of means to pay the necessary expenses.
3. Unmarried or no kin left with means: municipal authorities
Ways of Performing Euthanasia *Shall perform such duty within 48 hours after death, if able to do so.
1. Administration of a lethal dose of poison Right of Custody to body:
2. Overdosage of sedatives, hypnotics, other pain relieving drugs
3. Injection of air into bloodstream To the person charged with the duty of burying the body except when inquest
4. is required by law to determine cause of death or cause of death is
Application of strong electric currents
accompanied by communicable disease, custody of which will remain to local
5. Failure to institute the necessary management procedure which is
board of health or municipal council until buried.
essential to preserve the life of the patient.
Right of custody means possession, the holding of a thing or the enjoyment of
Ways of Performing Euthanasia 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
1. Patient himself of a corpse is equivalent to ownership and unlawful interference is an
2. The physician, with or without the knowledge and and consent of the patient actionable wrong.
3. 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 Surviving spouse has the preferential right and duty to make the
poisoning and treachery qualifies it to murder. 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 (c) No burial ground shall be located within 50 meters from either side of a
river or within 50 meters from any source of water supply.
1. Embalming The burial remain is subject to the following requirements:
- Artificial way of preserving body be injecting formalin and perchloride of (a) Shipment of remains abroad shall be governed by the rules and
mercury or arsenic in the common arteries and the femoral arteries. regulations of the Bureau of Quarantine.
2. Burial or Inhumation (b) The burial of remains in city or municipal burial grounds shall not be
- Body must be buried within 48 hours after death except when required prohibited on account of race, nationality, religion or political persuasion.
for legal investigation or authorized (c) Except when required by legal investigation or when permitted by the
local health authority, no unembalmed remains shall remain unburied longer
by local health authorities or when embalmed (impliedly allowed). After 48 hours, than 48 hours after death.
new permit is needed. If with communicable disease, within 12 hours after death
unless directed otherwise by local board of health.
Study Articles 305, 306, 307, 309 and 2219 of the NCC as well as Articles
In Philippines, body needs to be buried within 24 hours because of the climatic 132 and 133 of the RPC.
condition.
Limitations to the Funeral Rites
 Death Certificate necessary before burial except in cases of emergency.
Primary duty of physician to furnish if available. If not, local health officer, mayor, the a. Will of the deceased
secretary or of a councilor. Order is successive and exclusive. 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
- It must be forwarded within 48 hours after death. disease
* The person who issued the death certificate shall notify the justice of the peace or
the auxiliary justice or the mayor if neither of the two is available if he observed any When the cause of death is a dangerous communicable disease, the remains
indication of violence or crime. Permission from the provincial fiscal or mayor is 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
necessary if death due to violence or crime.
deceased may be permitted to attend the funeral.
Burial and transfer Permits
3. Disposal of Dead Body to the Sea
Municipal secretaries, in the capacity of secretaries of municipal boards of health or Allowed when death is not due to dangerous communicable disease. A special
as clerks to municipal councils as the case may be, shall issue burial or transfer permit needs to be secured from officers authorized to issue permits.
permits upon the presentation of the death certificate. Copy of death certificate shall
accompany transfer permit if body will be transferred from one municipality to 4. Cremation. Pulverization of the body into ashes by the application of heat.
another. Those bodies with dangerous communicable disease shall not be carried Body must first be identified and there must be a permit for cremation.
from place to place except for burial or cremation. It is the duty of the local health When not granted:
authorities to cause such body to be thoroughly disinfected before being prepared
for burial. Only adult members of the family may be permitted to attend the burial. 1. If deceased left a written direction that he will not be cremated
2. Identity has not yet been definitely ascertained
Burial permit (death certificate) must be presented before burial. 3. Further inquiry needed to cause of death
4. Use of Body for Scientific Purposes
The Law Penalizes Desecration of Burial Premises (Sec. 2695, Revised
Administrative Code) Unclaimed remains may be used by medical schools and scientific institutions
for studies and research subject to the rules and regulations prescribed by the
Burial Grounds Requirements (PD 856, Code of Sanitation)
department.
Burial Grounds Requirements the following requirements shall be applied and
Study RA 349 as amended by RA 1056 (Donations of Human Body Parts)
enforced:
Donation of Human Organs for Medical, Surgical and Scientific purposes Any
(a) It shall be unlawful for any person to bury remains in places other than those
person may donate an organ or any part of his body to a person, a physician, a
legally authorized in conformity with the provisions of this Chapter.
scientist, a hospital or a scientific institution upon his death for transplant,
medical, or research purposes subject to the following requirements:
(b) A burial ground shall at least be 25 meters distant from any dwelling house
and no house shall be constructed within the same distance from any burial (a) The donation shall be authorized in writing by the donor specifying the
ground. recipient, the organ or part of his body to be donated and the specific purpose
for which it will be utilized.
(b) A married person may make such donation without the consent of his spouse. Person died with for a cause other than dangerous communicable disease may
(c) After the death of a person the next of kin may authorize the donation of an be disinterred after 3 years of being buried or in special cases, shorter time
organ or any part of the body of the deceased for similar purposes in accordance when in the opinion of Director of Health, the public health will not be
with the prescribed procedure. endangered. It will be immediately disinfected and enclosed in a coffin, case or
(d) If the deceased has no next of kin and his remains are in the custody of an box.
accredited hospital, the Director of the hospital may donate an organ or any part of
Disinterment of remains is subject to the following requirements:
the body of the deceased in accordance with the requirement prescribed in this
Section. (a) Permission to disinter remains of persons who died of non-dangerous
(e) A simple written authorization signed by the donor in the presence of two communicable diseases may be granted after a burial period of three years.
witnesses shall be deemed sufficient for the donation of organs or parts of the (b) Permission to disinter remains of person who died of dangerous
human body required in this Section, notwithstanding the provisions of the Civil communicable diseases may be granted after a burial period of five years.
Code of the Philippines on matters of donation. A copy of the written authorization
(c) Disinterment of remains covered in paragraphs "a" and "b" of this Section
shall be forwarded to the Secretary.
may be permitted within a shorter time than that prescribed in special cases,
(f) Any authorization granted in accordance with the requirements of this Section subject to the approval of the Regional Director concerned or his duly authorized
is binding to the executors, administrators, and members of the family of the representative.
deceased.
(d) In all cases of disinterment, the remains shall be disinfected and places in
a durable and sealed container prior to their final disposal.
Persons who can grants permission to used body parts of deceased:

a. Before death: Read article 308 of the NCC

1. Deceased during his lifetime
2. If minor, guardian with the approval of the court or by the legitimate father  If the dead body is a subject matter of criminal investigation, it may be
or mother. Married woman can give consent without husbands consent. exhumed anytime
b. After death: 1. There must be a formal request from any of the law enforcement agencies
1. Nearest relative authorized to make investigation addressed to any establishment authorized to
2. Head of hospital or institution having custody in the absence of relatives perform medico-legal investigation. Reasons could be:
Persons permitted to detach body parts:

1. License physician or surgeon a. Determine cause of death

2. Known scientist b. Determine identity
3. Medical or scientific institutions including eye banks. c. Recover organs or tissues for further examination for:
Requirements: - toxicology analysis
1. Must be in writing - histopathological examination
2. Specify the person/institution granted the authorization - smears from vaginal canal and blood for alcohol determination
3. Specify the organ/part to be detached d. Recover foreign bodies
4. Signed by the grantor and 2 disinterested persons - Metallic fragment or whole slug for ballistic examinations
5. Copy furnished to the Secretary of Health Limitation to the - Operative sponge, medical instrument to prove medical
Authorization. Not allowed when died with dangerous communicable negligence
disease 2. If the next of kin refuses to give consent for exhumation autopsy, a petition
in court must be done.
Penal Provision

Imprisonment of not less than six months nor more than one year. How long can exhumation be done after interment:
Exhumation Sec 92 Code of Sanitation, Disinterment Requirements:
The deceased buried may be raised or disinterred upon lawful order from fiscals, 1. Permission to disinter remains of persons who died of non - dangerous
court and any entity vested with authority to investigate. It must be communicable disease may be granted after burial period of 3 years
identified by relatives, friends or by marks on the body. Physician must describe the
2. If death is due to a communicable dangerous disease, permission may be
granted after a burial period of 5 years
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 3. Shorter period may be granted in special cases, subject to the approval of
Director of Health for exhumation. Regional Director (Director of Health) concerned or his duly authorized
representative.
4. In all cases of disinterment, the remains shall be disinfected and placed in a g. Actual autopsy and adoption of procedure is needed to accomplish the
sealed container prior to disposal. purpose of exhumation
 According to Art 305 of the Civil Code, no human remains shall be retained, h. Disinfection of the body and all areas involved must be carried out with the
interred, disposed of or exhumed without the consent of: spouse, descendants of assistance of the local health officer and return of the body to the burial place
the nearest degree, ascendants of the nearest degree, brothers and sisters
 Sec 1098 Revised Administrative Code Shipment of remains at sea - no body Included in the Exhumation Report:
or remains shall be shipped to the US except under such conditions as may be
prescribed by the United States Public Health Service. The outside box containing a. The name of the deceased person and circumstances
the remains shall be plainly marked so as to show the name, age, nationality, of b. Purpose of exhumation
the deceased person, the cause of death, the destination and remains. c. Name address and designation of the requesting party
 If dead body is a subject matter of criminal investigation, it may be exhumed d. Date, time place of exhumation
anytime. e. Description of the burial place
f. Name and address of the persons who identified the burial place
Requirements to be satisfied in exhumation: g. Condition of the body and coffin if there is interment
h. Name and address of the persons who identified the body of the deceased
a. Duration of interment as required i. The post-mortem examination and accomplishment of the purpose of
b. Exhumation permit to be provided by the Director of Health exhumation
c. Compliance of sanitary requirements, such that the body or remains, after j. Conclusions based on the findings and result of examination
exhumation shall immediately be disinfected and enclosed in a coffin or box and this k. Remarks if any
box shall be placed in an outside box which shall also be securely fastened. l. Signature and designation of physician’
Procedure in medico - legal exhumations
Problems in Exhumation:
a. There must be formal request from any law enforcement agency to make an a. identity of the deceased - often in disaster victims
investigation addressed to any person authorized to perform medico - legal
b. refusal of the next-of-kin to give consent or to cooperate in the exhumation-
investigation. The request must mention the name of the deceased, place and date
autopsy - often when the next-of-kin is involved in the investigation
of interment suspicion as to the cause of death etc. Reasons for the request are:
Remedy: petition in court for an order to exhume body
 To determine the cause of death
 Determine the identity of the deceased PHYSICAL INJURY
 Recover organs for further examination An injury is the impairment of the body structure or function caused by the
 Recover foreign bodies outside force. It is the effect of some form of stimulus to the body. The effect of the
b. If the physician found that there is justification to the exhumation and a strong application of force is the production of wound.
probability for the purpose to be realized, he may set the date and time for Wound – is a break or solution in the continuity of the skin or tissues of the living
exhumation body.
Vital Reaction – is the sum total of all reactions of tissues or organs to physical
c. A written request for exhumation must be sent to the regional director or ministry
injury or trauma.
of health stating:
 Name of deceased Classification of Wounds
 Place of exhumation A. As to severity
 Date and time of exhumation 1. Mortal Wounds or Fatal Wounds – which when inflicted capable of
 Duration of interment causing death. (e.g. Injuries to the brain, spinal cord heat and big blood vessels,
 Purpose of exhumation internal abdominal organs.)
2. Non – Mortal Wounds – wound when inflicted will not endangers one’s
The Ministry of Health, aside from issuing the necessary permit, shall also in for the life.
local health officer to assist the physician in the exhumation to ensure that public
health will not be prejudiced. B. As to the manner of infliction
1. Hit – by the stroke of a bolo, axe, and other blunt instrument.
d. During exhumation, the grave must be properly identified by the person who was 2. Thrust or Stab – by the stroke of a knife, dagger, ice pick, bayonet and
present when the body was interred spears.
e. During disinterment, care and diligence must be observed to avoid destruction, 3. Sliding or Rubbing
deformity, contamination or such other effects 4. Gunpowder explosion by Projectile or Shrapnel
f. After opening the coffin, the body must be viewed by any or more persons who 5. Tearing or Stretching
can identify the deceased
C. As to kind of instrument used Incapacity - The inability of the injured person to perform his work where he is
1. Lacerated Wound - produced by blunt instruments. e.g. lead pipe, piece of wood, habitual engaged.
stones.
2. Incised Wound – wound produced by sharp edged instrument. F. As to the types of wound
3. Stabbed Wound – wound produced by sharp edged and sharp pointed instruments.
e.g. kitchen knife, balisong, dagger. 1. Closed Wound - When there is no break in the continuity of the skin or mucous
4. Punctured Wound – wound produced by sharp pointed instrument – e.g. ice pick, membrane.
screw driver, barbecue stick. a. Petechiae - minute pin-point circumscribed extravasations of blood
5. Wound produced by tearing force underneath the skin or mucous membrane, e.g. subpleural
petechiae hemorrhage, insect bite, tardieu spots.
D. As to the depth of wound b. Contusion or Bruise - Wound in the skin and subcutaneous
1. Superficial Wound – wound which involves the outer layer of the skin. e.g. scratch characterized by swelling tissues discoloration of tissues because of
or abrasion extravasation of blood.
2. Deep Wound – wound which involves the outer as well as the inner structure of the c. Hematoma - Large extravasation in a newly formed cavity secondary to
body. trauma characterized discoloration of tissues and
A. Penetrating Wound – wound wherein the instrument pierces a solid organ effusion of by swelling blood underneath the tissues.
or tissues. e.g. stab wound piercing the liver, spleen, kidneys. d. Musculo e.g. Skeletal Injuries sprain, dislocation, strain, fracture.
B. Perforating Wound – wound where there is communication between the e. Internal Hemorrhage
outer and inner portions of the hallow organs. f. Cerebral Concussion

E. As to the relation of the site of application or force and the location of injury. 2. Open Wound - There is breach of the continents of the skin. e.g abrasion,
Coup Injury - injury which is found at the site of application of force. incised wound, stab wound, punctured wound, lacerated wound and shrapnel
Contre Coup Injury - injury which is found not at the site but opposite the site of the wounds.
application of the force. Closed Wounds
Coup Contre Coup Injury - injury which is found at the site and also opposite the Petechiae - Circumscribed extravasation of blood in the subcutaneous tissues,
site of application of force. pinhead size like mosquito bites.
Locus Minoris Resistencia - It is the injury which is found not at the site or opposite Contusion "Pasa" - Effusion of blood into the tissues underneath the skin on
the site of the application of force but in some areas offering least resistance to the account of the rupture of the blood vessels as a result of the application of blunt
force applied force. Contusion is red or purple when fresh, after 4-5 days it becomes green and
Extensive Injury - It is the physical injury involving greater areas beyond the site of after 7-10 days it becomes yellow and gradually disappears at 14th day.
application of force. e.g. fall from height, vehicular accident. Hematoma (blood cyst, bukol) blood in the newly formed cavity. Effusion of
Musculo-Skeletal Injuries
Special Types of Wound Sprain - partial or incomplete disruption in the continuity of muscle or
ligaments.
Patterned Wound - wound produced by the shape of the instrument or object Dislocation - displacement of the articular surface of the bones.
reflected in the body. e.g. imprint of the radiator on the chest, tire marks on the body Fracture - it is a break or solution in the continuity of the bone tissues.
Defense Wound - produced by person's instinctive reaction for self protection. eg Internal Hemorrhage – Rupture of blood vessels causing hemorrhages.
contusion in the forearm produced by parring the blow, incised wound May be due to the following:
1. traumatic intracranial hemorrhage
Legal Classification of Physical Injuries 2. rupture parenchymatous organs
Cerebral Concussion - jarring stunning of the brain follows blow in the head.
1. Mutilation - The intuitional act of cutting or looping any part or parts of the living
body Open Wounds
2. Slight Physical Injury - It is the physical injury wherein the victim is incapacitated
for work or requires medical attendance for a period from one to nine days. 1. Abrasion (“Gasgas”, Scratch, Graze, Friction Mark) - Characterized removal layer
3. Less Serious Physical Injury - A physical injury wherein the offended party is brought about against hard rough object.
incapacitated for work or require medical attendance for 10 days or more but not
more than 30 days. Forms of Abrasion
4. Serious Physical Injury - It is an injury wherein the victim becomes ill or
incapacitated for the performance of his usual work for more than 90 days, the injury a. Linear Abrasion - There is single line which may be curve or straight.
caused deformity, loss of any member of his body and loss the use thereof. b. Multi-Linear Abrasion - several lines of injury which are parallel to one another.
Deformity - Permanent disfigurement of the body producing physical ugliness, e.g. c. Confluent Abrasion the lines of injury are arranged in haphazardly manner.
loss of an ear, scars in the face. d. Multiple Abrasions - abrasion in the body surface located in different parts of
the body.
Types of Abrasion 5. direction of fire
6. parts of the body involved
a. Scratches - abrasion brought about by the stroke of sharp pointed instrument over
the skin. Characteristics of the wound of entrance
b. Grazes - due to forcible contact with a rough, hard object resulting to irregular 1. In general, the size of the wound of entrance is usually smaller the missile owing
removal of the skin surface. to retraction the skin. The shape may be oval or circular. The edge of the wound is
c. Impact or Imprint abrasion due to contact with a rough, hard object in which the inverted with contusion collar or abrasion collar around the wound of entrance.
structural form of the object is reflected over the skin. 2. In contact or closed range fire, there is burning of the skin and singeing of hair
d. Pressure or Friction Abrasion - abrasion due to pressure applied and with due to flame and gunpowder tattooing.
accompany movement over the skin. A. Contact Fire - The wound of entrance bursted due to sudden release of the
expanded gas. There is burning of the tissues around the wound of entrance
2. Incised wound (Cut, Slash, "Hiwa") - an open wound produce by forcible contact because it is within the flame zone. There is soot, smoke and smudging. These are
with sharp edged instrument characterized by gaping of the wound with smooth edges here by product of the complete combustion of the gunpowder deposited around the
and causing profuse bleeding, e.g. knife, razor, broken glasses, metal sheet. The wound of entrance. Presence of smudging at the wound of entrance indicates a
incised wound may be suicidal, homicidal, accidental depending upon the location, near shot. Unburned and partially burned gunpowder is responsible for tattooing,
direction and presence or absence of hesitation cuts. stippling or peppering around the wound of entrance. It becomes lesser and lesser
When the wounding instrument is fairly large and hearing, like bolo, samurai, axe, saber until it disappears beyond the distance of 24 inches.
the wound produced is chopped or alike wounds B. Near Contact Up to 6 Inches Distance
3. Lacerated Wound (Tear, "Putok") - wound produced by blunt instrument There is bursting of tissues, burning and blackening the skin as in contact fire but
characterize by ill-defined or irregular edges, e.g. blow by piece of wood, lead pipe, the particles of the gunpowder are present not only the inside but as well as around
stone, butt of a firearm, fist blow. the wound of entrance. The shape of the wound may be lacerated, stellate or slit
4. Punctured Wound - an open wound produced by round bodied and pointed like and the size is larger than the diameter of the missile.
instrument characterized by small opening, e.g. ice picks, nails, thorns, hooks, screw C. Distance Above 6 Inches Up to 24 Inches and beyond The size of wound
drivers and barbecue sticks. gradually approximates the size of the missile, As the distance from the target
5. Stabbed Wound - wound produced by sharp pointed and sharp edged instrument. becomes farther, the burning, blackening of tissues, gunpowder tattooing or
The edges of the wound are clean-cut, smooth and distinct. stippling and singeing of hair becomes lesser and lesser until it disappears beyond
a. Penetrating Stab Wound – involves solid interval organs the 24 inches distance.
b. Perforating Stab Wound – involves hallow interval organs.
Characteristics of Wound of Exit
GUNSHOT AND SHARPNEL WOUNDS  Usually the size larger than the missile.
Is an open wound brought about by the penetrating power of the projectile propelled by  It has no definite shape.
the expansive force of the burning gunpowder in the cartridge shell, shrapnel wounds  The edge of the wound is averted.
are open wounds produce by shrapnel and fragments of high velocity after detonation  Sometimes flaps the skin and tissues are seen protruding from the wound.
of high explosives like grenades and bombs. 
Firearm - is an instrument used for the propulsion of a projectile by the expansive force Characteristics between Gunshot Wound of Entrance and Exit
of gases coming from the burning gunpowder. 1. The size of the wound of entrance is smaller than the missile while the exit wound
is bigger than the missile.
Types of Firearm 2. Edge of the Exit - The entrance wound is inverted while the exit wound is averted.
1. Revolver - has cylindrical magazine capable of revolving action. It is a low velocity 3. Shape of the Wound - The entrance wound is round or oval while the exit wound
firearm with muzzle velocity of 600ft. /sec. has no definite shape.
2. Automatic Pistol – self loading firearm with muzzle velocity of 1,200ft. /sec. classified 4. Contussion Collar - present in the entry wound while absent in exit wound.
as low velocity firearm. 5. Gunpowder Tattooing - present in contact or near contact fire while absent in exit
3. Rifle - with long barrel and butt with muzzle velocity of 2,500ft. /sec. and range of wound.
3,000 feet classified as high velocity firearm. 6. Paraffin Test - Positive in the wound of entrance in contact and near contact fire,
4. Shot Gun - the projectile is the collection of pellets or shorts and without negative in exit wounds.
predetermined directions.
Determination Whether the Gunshot wound is Suicidal, Homicidal or
Gunshot wounds of entrance and exit are the subject of meticulous examination by the Accidental
medical examiner. Its characteristics and appearance are influence by the following
factors, A. Evidences to Prove that the Gunshot wound is Suicidal.
1. kind of weapon 1. Parts of the body involved are accessible to the hands of the victim.
2. caliber of weapon 2. There is usually one gunshot wound.
3. shape and composition of the missile 3. Presence of suicidal note.
4. range of fire 4. Usually the distance is near or close range.
5. History of frustration. decompression effect will be relayed in the atmosphere producing destruction,
6. Drug dependency. distortion and bursting of tissues especially the interval organs causing hemorrhage.
2. Burns from Flame and Heated Gases - The explosion of the powder will produce
flame and heated expanded gases.
B. Evidences that the Gunshot wound is Homicidal. 3. Poison by Inhalation of Carbon Monoxide, Nitrous and Nitric Gases, Hydrogen
Sulfide and Sulfur Dioxide - the explosion cause liberation of poisonous gases
1. Wound is located in any parts of the body. which when inhaled in sufficient amount will produce gas poisoning or asphyxia.
2. The victim is usually at a certain distance from the assailant. 4. Direct Injury from the Flying Missile - The detonation of high explosive especially
3. Signs of struggle or defense wound may be present of the part of the victim. whose with metal covering will cause fragmentation of metal in the form of
4. Wounding weapon usually not found at the crime scene. shrapnel’s.
5. There may be disturbance in the surrounding
The "odd and even rule" in gunshot wounds
C. Evidences that Gunshot wound is Accidental.
If the number of gunshot wounds of entrance and exit found in the body of the victim
1. There is usually one gunshot wound. is even, the presumption is that no bullet is lodged in the body but if the number of
2. Wound is located in any parts of the body. gunshot wounds entrance and exit is odd, the presumption is that one or more
3. Testimony of the witness. bullets might have lodged in the body

Shotgun Wound No Gunshot wound of Exit but the Bullet is not found in the body of the Victim.

It is an open wound produced by the penetration of pellets or shots which usually 1. Bullet lodged in the gastro intestine tract and expelled thrown the bowel.
lodged inside the body. 2. Near contact with blank Cartridge of wound of entrance but no slug recovered.
3. Bullet may enter the wound of entrance and upper hitting the bone, the course is
Characteristics of the Shotgun Wound of Entrance. deflecting to have the wound of entrance as wound of exit.

A. Contact Fire - The wound of entrance is irregular with bursting the tissues due to the
heated and expanded gases with accompanying flame. There is singeing of hair INJURIES OR DEATH DUE TO EXTREMES OF TEMPERATURE
presence of wads as well as particles of gunpowder inside the wound of entrance.
Thermal injuries are those caused when the body is exposed to an increase or
B. Near Shot Up to 6 Inches Fire There is marked laceration of the skin and distinction decrease of environmental temperature.
of tissues due to the presence of explosion. The burning is marked on the surface of
the skin and particles of gunpowder are present inside and around the wound of Effects of Heat in the Body
entrance. There is singeing of the hair as well as pieces of wads inside and outside the
wound of entrance Heat is a form of kinetic energy transferable from one body to another.
C. Distance About 1 Yard - The pellets penetrate the tissues as one mass with irregular Specific Heat - Is the number of calories required to raise the temperature of one
edges at the wound of entrance, There is also blackening of tissues with slight burning, gram of a particular substance with a temperature of one degree centigrade.
singeing and tattooing
D. Distance About 2-3 Yards - The wound of entrance has a big central hole with Sensible Heat - Is the heat which when absorbed by the body produces a rise
ragged edges. There is no blackening or burning of the skin, singeing and tattooing, temperature.
E. Distance at 4 Yards - Small group of pellets may penetrate the tissues.
Generalized or systematic Effects of Heat
1. Heat Cramps - is a painful contraction of the skeletal muscles due to dehydration
Wounds from Explosion of Explosive Materials like Dynamite and Bombs. and loss of sweating sodium chloride to excessive sweating.
2. Heat Exhaustion (Heat Collapse) – It is a physiologic breakdown following
The explosive materials may be covered by soft materials such as pieces of papers, exposure to heat precipitated by exertion and warm clothing characterized by
cartoons, aluminum foils as exemplified in dynamite and big fire crackers while other peripheral vasomotor collapse, faintness, palpitation nausea vomiting, syncope,
explosive materials are covered by metal as exemplified by grenades, bombs, mines, dizziness and headache. The victim dies of heart failure.
anti aircraft and said missiles. 3. Heat Stroke (Sunstroke) - Breaking down in sweating mechanism usually seen
among workers working in warm environment or direct exposure to sunlight
The following Injuries Occurs from the explosion of Explosive Materials manifested by elevation of body temperature, mental confusion, injuries to central
nervous system, congestion and hemorrhages in various organ.
1. Blast Wave Injury - When the explosion occurs, it causes sudden increase of
atmospheric pressure followed by sudden decrease. This compression -
Local Effects of Heat 1. Domestic Voltage - This is the voltage of domestic line which varies from country
to country. Standard domestic voltage in the U.S.A. is 110 volts at 60 cycle of
1. Scald - Burn due to contact with a hot or boiling liquid characterized by redness, pain alternating current. In the Philippines it is 220 volts a 50 cycles of alternating current.
and blister formation. The injury in scolds depends upon the temperature of the liquid,
duration of contact, underlying clothing and the tissues involved. Boiling fat, cooking oils, 2. Industrial Voltage - In industry, lower used for hand voltage instruments are
boiling syrup will cause more severe burning than water because of their higher boiling operated tools but sometimes very high voltage are used driving heavy electrical
points. machinery such as trains and voltage up to 200,000 volts are employed in electric
2. Burns - It is the injury due to application of physical heat in any form to the body and grid network.
is characterized by redness, heat coagulation of tissues to actual charring The effects
of burns to the body is influenced by the intensity of heat, duration of contact, tissues 3. Lightning - It is an electrical charge of enormous potential passing from the
involved age, sex and accompanying complications. atmosphere usually occurring during thunder storm. It is about 1,500 million volts
and 2,000 amperes. The effects of lightning are due to both the passage of very
Classification of Burns high potential electricity producing electrical burns or death and to the blasting effect
of the rapidly expanding air producing laceration and distortion of body parts.
A. First Degree - It is a burn which involves the superficial layer of the skin Deaths from lightning are not common and purely accidental.
characterized by redness and pain, e.g. sunburn
B. Second Degree Burn - It is a burn which involves the superficial layer of the tissues INJURIES OR DEATHS DUE TO EXPOSURE IN EXTREMES OF ATMOSPHERIC
and skin and nerve endings characterized by blisters formation. This is the most painful PRESSURE
burn because of irritation of nerve endings.
C. Third Degree - It is a burn involving the skin, nerves, muscles and bones which is A. Effects of increased pressure. (Caisson's Disease) The normal atmospheric
usually met in victims of conflagrations. This is the most severe burn because the victim pressure at sea level is 760 mm/Hg. which is conducive to life and health. When a
usually dies from loss of fluid and electrolytes and massive infection. person goes several feet or fathoms under water pressure becomes greater. The
gases in the body such as oxygen, carbon dioxide and nitrogen will accumulate and
Effect of Cold Temperature - When the body is exposed to cold or freezing liberated in the circulation blocking small caliber blood vessels. Gas bubbles block
temperature, the dissociation power of oxygen from hemoglobin will become less thus the blood vessels producing injury to the distal part supplied by blood and this is
diminishing the tissues to utilize the oxygen prolonged exposure may necrosis and called air embolism. This condition is further accelerated when a person under
gangrene of the tissues. The debt of damage depends upon the cause decrease in water goes abruptly from increased pressure to normal pressure environment. The
temperature, duration of exposure, vitality of his tissues involved, sex and condition of post mortem finding show gas bubbles in different organs.
the body.
A short exposure to freezing temperature is dangerous to the body than a long cold dry B. Effects of decrease atmospheric pressure as a person go higher and higher in
air. The children and old persons are easily injured by cold temperature because the the atmosphere the pressure becomes lesser and lesser and the oxygen in the air
thermoregulating centers in children are not yet fully developed while in older persons, becomes lesser and lesser.
the thermoregulating centers are deteriorated. Woman is more resistant to cold
temperature than man due to greater deposits of subcutaneous fats. Extreme fatigue, 1. Mountain Sickness - It is a condition usually seen among mountain climbers.
malnutrition, alcoholism and previous illness are prone to the effects of cold When exposed in high altitude, the atmospheric pressure is diminished resulting to
temperature. reduction in the combining power of his hemoglobin in the blood and oxygen.

Local Effects of Cold Temperature 2. Airplane and Aircraft Facilities - In airplane travel, the most dangerous part
1. Frostbite - Expose of the certain parts of the body to cold temperature producing occurs during take offs and landing. Injuries or deaths due to radiation from
mechanical description of the cell structure characterized by diminished body radioactive substances may be in the form of alpha, beta and gamma rays. The
temperature, cold stiffening and pallor which later lead to swelling thrombosis, necrosis most dangerous ray which is deleterious to life and health is the gamma ray, which
and gangrene of his affected tissues. has a high energy, high penetrating power and destructive to tissues. It can
2. Trench Foot - A condition usually seen among those walking over the snow wherein absorbed by the body inhalation, ingestion, skin absorption and therapeutic injection.
the foot is exposed to freezing temperature characterized by cold stiffening, muscle
cramps, necrosis and gangrene of the foot.
3. Immersion Foot -A sub variety of trench foot wherein the foot is submerged into cold ALCOHOLISM
freezing liquid characterized by decreased body temperature, cold stiffening, muscle The practice of alcohol consumption as stimulants dates back to the early
cramp, necrosis and gangrene. time of human civilization. The use of wine is recorded as before the time of
Hammurabi 2380BC. In the Philippines, the use of alcohol traced to be earlier than
the rediscovery of the islands of the Spaniards. Very few are aware of the fact that
INJURIES OR DEATHS DUE TO ELECTRICITY alcohol is a drug which has injurious effects to the physical health and well being.
The main cause of death from electricity is shock. The electrocution is divided into three Alcohol is a colorless, transparent volatile liquid with aromatic odor and
groups according to voltage. boiling point at 78 degrees Centigrade. The word alcohol refers to ethyl alcohol
used as part f a beverage. It is formed out of the fermentation of carbohydrates in
grains and fruits.
A drunkard refers to a person who habitually takes or use any intoxicating 3. Let the subject bend down and pick up a small object from the floor, if he
beverage containing alcohol and while under its influence or in consequence of the stumbles it may be an indication of drunkenness.
effects thereof is either dangerous to himself or to others. 4. Let the subject pronounce distinctly the word TRULY RURAL and note
Chronic alcoholism is a condition where a person who, from prolonged and slurring of speech when drunk.
excessive consumption of alcoholic beverages develops physical and psychological
changes and dependence to alcohol. ASPHYXIA
Alcohol is measured in units which are comparable to 10 grams contained in Asphyxia is a condition wherein there is interference in the process of respiration
100cc of beer or wine. resulting to impairment of normal exchange of respiratory gases. Whereby the
Distillation is a method used to increase the concentration of alcohol since supply of oxygen to the blood and tissues has been reduced below the normal level.
normal fermentation stops at around 12% to 14% by volume. In distilled liquors, alcohol
is measured in terms of proofs which is estimated to be twice the percentage of alcohol Stages of Asphyxial Death.
by volume.
1. Dyspneic Stage - Due to lack of oxygen and retention of carbon dioxide,
DEGREE OF INTOXICATION breathing becomes rapid and deep. Blood pressure is elevated and pulse rate
1. Slight Inebriation (10 – 100mg. %) increased. There is cyanosis in the lips, face and finger nail beds.
10mg. % - pleasant, clearing of the head
20mg. % - feeling of cruel well being, reddening of the face, no sign of mental 2. Convulsive Stage Retention of carbon dioxide stimulates the central nervous
impairment but there is loss of self control making the user talkative and increasing system. Cyanosis becomes more marked. Eyes become starring and pupils dilated.
confidence.
100mg. % - The individual is intoxicates and under the influence of alcohol, 3. Apneic Stage There is paralysis of the respiratory center. The breathing
there is mental/confusion, incompetence, drowsiness, decreases inhibition. becomes shallow, slow and gasping. The victim dies of heart failure.
2. Moderate Inebriation – 150mg. % - 200mg.%
Difficulty in articulations, argumentations and over confident and loss of Classifications of Asphyxia
muscle coordination.
3. Drunk – 200mg.% - 300mg.% I. Asphyxia by Hanging - Is a form of violent death wherein the body is suspended
Confused state of the mind, movement uncontrolled, loss of muscle by ligature encircled around the neck. It may be complete hanging whereby the
coordination, diminished pain senses and marked disturbance in feet do not touch the floor and incomplete hanging when the victim is in sitting,
vision. kneeling and lying positions. Pressure by the ligature is present in front or in the
4. 400mg. % - side of the neck causing the air passages to constrict and compression of the
This is anesthetic level coma, complete unconsciousness, death may occur. carotid arteries reduces the blood supply to the brain causing cerebral anoxia. The
ligature marks on the neck follows the portion of the noose at the point of
EVIDENCES OF DRUNKENNESS suspension where it is usually interrupted or shows an irregular mark of a knot. At
1. Clothing is usually untidy, stained with smell of alcohol. first, it is pale but later on becomes brown and parchment like in consistency.
2. Red face, blood shoot eyes, groggy stance and coordination is poor. The skin at the sight of the ligature mark is abraded. The head is elongated and
3. Breath is accompanied with varying degrees of alcoholic odor. stretched with the head inclined opposite the knot. Eyes partially open in the dilated
4. Speech is incoherent sarcastic with hostile tone. pupils. Pallor of the face with swelling saliva dribbled from the sides of the mouth
5. Eyes are characterized with dilated pupils reddened and glossy appearance. with bluish lips. The hands are clinched firmly and purple color finger nails. There is
6. Mentality is absent with lack of orientation, clarity of thought, little self spontaneous urination or defecation due to loss sphincter tones. There is erection
control, euphoria, excitement and depression. or semi erection of his penis with ejaculation. Post mortem lividity with petechial
hemorrhages are marked in the lower extremities. There is congestion of the
TEST FOR ALCOHOLIC internal organs. There is sub pleural and sub pericardial hemorrhages called tardieu
Blood alcohol determination is a reliable index of alcohol content of one’s body. spots.
5cc of blood is sufficient for alcohol determination.
If there is 0,05% less by weight of alcohol in a person’s blood, it is presumed Evidence to Support Homicidal Hanging
that the subject is not under the influence of intoxicating liquor. 1. Signs of struggle in the clothing and surroundings
If there is 0.16% or more by weight of alcohol, the subject is declared as under 2. Presence of bodily injuries on the victim. 3. Presence of defense wounds on the
the influence of alcohol. body of the victim.

PHYSICAL TEST TO DETERMINE DRUNKENNESS Evidence to Support Suicidal Hanging

1. The subject is direct to stand straight heels together and closed eyes for
one minute. If the subject is not drunk, he will not sway to the front or side. 1. No signs of struggle
2. Then permit the subject to stand with one foot ahead of the other so the 2. History of previous ineffective suicidal attempts
toes of one foot touch the heel of the other, if the subject will sway sideways and fall. 3. Presence of suicidal notes.
4. History of reverses in life, loss of loved ones, failure in jobs and love.
D. Bolus of food
II - Asphyxia by Strangulation - Is produced by compression of his neck by trying to
ligature around the neck and the two ends pulled in the opposite direction in such a IV - Asphyxia by Drowning or Submersion in Water
manner to tighten the ligature.
The air passages are submerged in water thereby preventing the force blow of air
Causes of Death in Ligature Strangulation into the lungs. It is not necessary for the whole body to be submerged in water.

1. Asphyxia due to occlussion of trachea. Post Mortem Findings

2. Cerebral anoxia due to compression of cerebral arteries.
3. Inhibition of his respiratory center due to pressure on vagus and sympathetic nerves. External Findings

Manual Strangulation or Throttling 1. Clothes are wet with foreign bodies clinging and pale face.
2. Eyes closed or may be half opened congested conjunctivae and pupils dilated
It is a form of strangulation whereby the hands are used in applying pressure to the 3. Hypostatic lividity located on the head, chest and neck.
beck and obstructing the air passages causing asphyxial death. It is homicidal and the 4. Cutis anserina, gooseflesh or goose skin a condition of his skin usually in the
assailant is either in front, at the side or back of the victim while applying pressure over extremities manifested by pale, puckered and contracted skin due to contraction of
the neck, one or both hands may be used. erector pili muscle.
5. Champignon de Ocume - a whitish form which accumulates at the nostrils and
Special Forms of Strangulation mouth which increases in amount upon pressure on the chest.
6. Penis and scrotum may be contracted 7. Washer woman's hands and feet -
1. Palmar Strangulation. Form of strangulation wherein palms of the hand are used in bleached and corrugated.
applying pressure over the neck while the assailant is either in front or at the back of 8. Presence of clenched fists which holds foreign materials like weeds, stones and
the victim. sand.

2. Garroting - Form of strangulation wherein a metal collar or strap is placed around Internal Findings
the neck and tighten to compress the neck.
1. The lungs may be voluminous with a falling and slight increase in weight (Edehy
3. Mugging - form of strangulation wherein the assailant stands at the back of the Aquosum) and emphysema because of air being driven by the fluid on the surface
victim and forearm is applied in front of the neck. (Emphysema Aquosum) doughy

4. Compression of the Neck with a Stick, Rod or Pipe - This is a form of 2. Stomach Content - Plenty fluid and other foreign bodies. Absence of water in the
strangulation wherein a piece of pipe, rod or stick is used in applying pressure over the stomach indicates that death is rapid and submersion is made after death. The
neck and the assailant is either in front or at the back of the victim. gastric mucosa will hand a soggy appearance.

III - Asphyxia by Suffocation - Is exclusion of air from the lungs by closure of air 3. The right side of the heart is dilated and the great veins filled with dark red blood
openings or obstruction of air passages from the external openings which is fluid and does not clot. The chloride content of the right and left ventricle of
heart is determined by using Getltler's Test. If drowning took place in salty water,
1. Smothering- Caused by closing of the external respiratory orifices (mouth and the blood chloride content is greater in the left side of the heart than the right. With a
nostrils) either by the use of hands, cloth, pillow or linen. difference of 25mg. but if drowning took place in fresh water, the blood chloride
content is more in the right than the left.
Over Laying- most common accidental smothering in children suffocated either
from beddings or pillows. 4. Internal Organs Presence of sub pleural and sub epicardial petechial
hemorrhages called tardieu spots.
Gagging- application of materials usually handkerchief, linen other clothing
material through the mouth and nostrils. Conclusive Findings in Drowning
1. Clenched fists with foreign bodies in the hands of the victims.
Plastic Bag Suffocation - Used of plastic bag, common among children. 2. Increased lung volume and weight in edema of the lungs.
3. Presence of water in the stomach.
2. Choking - form of suffocation brought about by the impaction of the foreign body, 4. Presence of froth, foam and foreign bodies in the respiratory passages.
food or blood clots in the respiratory passages. 5. Presence of water in the middle ear.
6. Tete De Negri - dark bloated condition of the face in drowning with bronze color
A. Vomitus - too much alcohol intake of the head and neck.
B. Bleeding pulmonary tuberculosis
C. Dentures
V - Asphyxia by Compression of the Chest or Traumatic Crush Asphyxia 1. Displacement of the occupants within the vehicle with impact against
-Is a form of asphyxial death wherein the exchange of gases into the lungs is prevented structures
due to trauma to the chest and abdomen. 2. Ejection
3. Distribution of the passengers in the compartment resulting in
Burking - Form of traumatic asphyxia invented Burke. The murder will sit or kneel on direct impact injuries
the chest of the victim and cover the nostrils and mouth to prevent the flow of air into
the respiratory passages. FRONT IMPACT CRASH
1. Driver
VI - Asphyxia by Breathing Irrespirable Gases
a. Severe impact of the driver’s head on the windshield may
cause laceration of the scalp, face or neck.
Some gases when inhaled is detrimental to life and health. The most common gases
which cause asphyxial death are carbon monoxide, carbon dioxide, hydrogen sulfide
b. Impact of the lower extremities against the dashboard may cause
fracture of the tibia, fibula, femur, or pelvis as well as lacerations
and sulfur dioxide.
and abrasion of the skin of the area.
c. The impact of the face to the circular rim of the steering wheel
DEATH OR PHYSICAL INJURIES DUE TO AUTOMOTIVE CRASH OR may cause fractures of the teeth, jaw and facial bones.
ACCIDENT 2. Front Seat Passenger
a. Abrasion of the face and scalp.
AUTOMATIVE CRASH: b. Laceration of the face and scalp.
c. Fracture of the skull.
FACTORS RESPONSIBLE TO AN AUTOMOTIVE CRASH
d. Laceration or rupture of the heart.
1. HUMAN FACTOR e. Crashing injury of the neck.
a. Mental Attitude – ex. Reckless driving, showing of, inattention, fatigue, f. Fracture of the ribs and sternum.
inexperience g. Laceration of the liver and/or spleen.
b. Perceptive Defect – ex. Defective vision, defective hearing 3. Rear Seat Occupants – they may strike the back of the front seat, the
c. Delayed or Sluggish Reaction Time – pillar between the front and rear side doors, or may be propelled over
the front seat striking the front seat passenger and driver, dashboard
 Reaction Time – the space of time the driver perceives an impending
danger and the actual application of the brake. or windshield.
d. Disease – the driver may develop an epileptic fit or suffer from a heart
SIDE IMPACT CRASH
attack while on the steering wheel
e. Chemical Factor – ex. Driving under influence of alcohol or drugs  Common impact in street intersections
(depressant drugs, marijuana, psychotrophic drugs) , leak in the exhaust system  The lateral impact to the chest may cause fracture of the ribs,
of the vehicle contusion with laceration of the lungs.
2. ENVIRONMENTAL FACTOR – ex. Roads, weather, absence of road  Laceration of the spleen and kidneys and pelvic may also be
signs, blind intersections, stiff and slippery road may prolong the skid time observed.
 Skid time – the space of time between the actual application of the brake
and the stopping of the car REAR IMPACT CRASH
3. MECHANICAL FACTOR – ex. Defect in the steering wheel, poor brake,  With the impact at the rear, the head moves backward or
transmission failure, worn out tires, unstable body hyperextended, then the head will move forward until the chin
4. SOCIAL FACTOR – ex. Speed, Insurance – develop ―devil may care‖ strikes the front portion of the chest and with the neck
attitude on the driver inasmuch as he will not be financially held liable for damages hyperflexed.
as a consequence of a crash  The backward and forward movement of the head is known
5. PEDESTRIAN as ―acceleration-deceleration injury‖ or ―whiplash‖. It may
result to spasm or injury to the ligament of the neck resulting
INJURIES AND DEATH ON THE DRIVER AND PASSENGERS to pain.

KINDS OF COLLISIONS IN AUTOMOTIVE CRASH ROLL OVER CRASH (Turn-turtle Impact)

1. First Collision – the impact of the moving vehicle with another vehicle or  In the process of rolling, the occupants may be pinned, crushed
a fixed object or may be thrown away and fall on the ground.
2. Second Collision – the impact of the unrestricted occupants with the  On account of the ling period of the process of rolling, the
interior of the vehicle passenger does not sustain severe injuries. The rolling process
causes the different sides of the vehicle to absorb the force of the
FACTORS RESPONSIBLE FOR PASSENGERS AND DRIVER INJURY impact.
EJECTION OF THE OCCUPANTS 2. SECONDARY IMPACT
 The primary impact of the vehicle may forcibly open the unlocked  The subsequent impact of the pedestrian to the ground after the
door. first impact
 Ejection may increase further the injury sustained by the occupant.  The injury sustained by the pedestrian depends mostly on the force
of the ground impact, nature of the road and part of the body
MEANS EMPLOYED TO MINIMIZE INJURY TO DRIVER AND PASSENGER involved
1. Use of soft padded dashboard, windshield safety glass, dashboard  Accounts for the multiple abrasions and contusions on the body
with perforation to allow metal to deform easily, enlarged and padded of the pedestrian-victim
central steering wheel hub and collapsible steering column
2. The interior of the passenger compartment, including the steering 3. RUN OVER INJURIES
wheel, dashboard, side doors are prevented from intruding into the  The pedestrian may be run over by the moving vehicle during
passenger compartment and strike the occupants. the initial impact or thereafter
3. The fender, bumper and other parts of the car commonly involved in  Usually, the victim dies of shock
the impact are made of metal which can absorb energy, dissipate
 Crash fracture, skid or tire marks, rupture of organs and internal
such force and prevent its transmission to the driver and
hemorrhage may be seen at autopsy
passengers.
4. Special restraints to the occupants are being applied to reduce the
4. HIT-AND-RUN INJURIES
severity of the second collision in the forms of lap and shoulder belt
and air bag. But the use of seat belt is not absolutely considered as a  A fast moving vehicle may run over, hit or side- swipe a pedestrian
safety device. It may cause injuries to the abdominal wall, visceral or collide with another vehicle or fixed object and get away from
organs and vertebral column. the scene without regard to the unfortunate victim
Seat belt Syndrome – the acute flexion of the trunk (jackknifing) with the  This usually happens when the driver is drunk or at night time, in an
belt as the central fulcrum may cause fracture of the trunk with the isolated road and with no eyewitnesses or someone who could take
visceral organs in forward motion, may stretch the mesentery and note of the identity of the vehicle
causes injury to the intestine and mesentery itself. There may be
abrasion, contusion and hematoma of the lower portion of the abdomen. EVIDENCE IN VEHICULAR CRASH
1. FROM THE SCENE OF THE CRIME
SUICIDAL CRASH  The area of the road – a photograph sketch must be taken to
 Usually a single vehicle and single occupant crash determine who violated the traffic rules and regulation
 Head on collision with roadside object, pole or bridge support at a high  The skid and tire marks on the road – for identification of
speed. vehicle and whether the driver stepped on the brake
 No evidence of any effort to apply the brake or to avoid striking the immediately before the crash
object (foot still on the accelerator pedal)  Condition and position of the victim – whether pedestrian or
HOMICIDE BY MOTOR VEHICLE occupants
 The simulation of a crash may occur to conceal a prior homicide  Condition of the vehicle and of other structures in the vicinity
 Victim of other means of violent death may be placed on the road to  Blood, paint strains, pieces of clothing that may be found in the
simulate that he is a victim of ―hit and run‖. body of the victim, ground or on the vehicle
 Narrations of witnesses as to how the incident took place
including the identity of the vehicle and the victims
PEDESTRIAN – VEHICLE COLLISION

DEATH OR PHYSICAL INJURIES TO PEDESTRIAN 2. FROM THE DRIVER

 Fitness to drive – capacity to manipulate the steering wheel, step
1. PRIMARY IMPACT on the brake and accelerator, visual and hearing perception, reflex
 First violent contact between the pedestrian and the motor vehicle time, heart condition, history of epileptic seizure, etc.
 The severity of the injury depends on the position of the victim when the  Alcoholic drunkenness – a person with at least 0.15% alcohol in the
impact occurred, speed of the moving vehicle, and the amount of bodily blood is considered drunk
support (clothing and other apparel)  Injuries due to second collision – like steering hub imprint, fractured
 The movement of the body after the primary impact depends on the skull, multiple abrasions and laceration of the face and scalp,
location of the impact fracture of the leg bones, ribs and sternum
 Bumper Fracture – Fracture of the leg bones as a consequence of the
primary impact 3. FROM THE VICTIM IN VEHICLE-PEDESTRIAN COLLISION
 Crush injury good basis in determining virginity. The labia majora and labia minora may be
 Tire Thread Marks gaping in some women and yet have not experienced sexual intercourse and others
may have plump firm and well coaptated labia but have experienced sexual
 Abrasion Marks
intercourse.
 Paint Marks 4. Fourchette and Perineum – the fourchette is the V-shaped structure
 Blood, hair or Clothing of the Victim formed by the anion of the labia majora posturing and below the vaginal orifice. This
 Physical Defects of the Victim may become rounded by several sexual intercourses or distended by the passage
 Inebriation of the Victim – the victim might have been under the of the fetus during delivery.
influence of alcohol and other depressant drugs 5. Hymen – This is a thin fold of mucous membrane surrounding by the
vaginal orifice. It ruptures during sexual intercourse, instrumentation or self
manipulation. This is not a good basis of virginity. A woman may have a ruptured
SEX CRIME AND DEVIATION hymen yet she is a virgin. A woman might resort to masturbation yet she still be a
Sex is an inborn instinct of a man. Any person without sex desire is abnormal. virgin.
Sexual crime is a sexual act about sex.
Sexual Harassment is a sexual act committed by any person by uttering REPUBLIC ACT NO. 8353
obscene languages which irritates the victim as well as the unconventional sexual acts An act expanding the definition of the crime of rape and reclassifying the
which are not in conformity with the moral standard in a society. same as a crime against person amending for the purpose of Act No. 3815 as
Sexual Assault is a genderless crime which involves unconventional sexual amended otherwise known as the Revised Penal Code and for other purposes.
acts of violence and aggression committed on the genital, oral or anal orifices of SECTION 1 This act shall be known as Anti Rape Law of 1997.
another person. SECTION 2 Rape as a crime against person.
Virginity is a condition of a woman who has not experienced sexual The crime of rape shall hereafter be classified as a crime against person
intercourse and whose genital organs has not been altered by sexual intercourse. under the letter eight of act no. 3815 as amended otherwise known as the Revised
Defloration – rupture or laceration of the hymen as a result of sexual Penal Code.
intercourse. All lacerations or rupture of the hymen by any other means from sexual CHAPTER THREE RAPE ARTICLE 266 – A rape when and how committed.
intercourse in not called defloration.
RAPE IS COMMITTED:
KINDS OF VIRGINITY 1. By a man who shall have carnal knowledge of a woman under any of the
1. Moral Virginity – is a state wherein the female is not physically and sexually following circumstances:
matured, and has not experienced sexual intercourse. The sex organs and secondary A. Through for threat or intimidation.
sex characteristics are not fully developed. This applies to children below the age of B. When the offended party is deprived of reason or otherwise
puberty. unconscious.
2. Physical Virginity – a condition of a female wherein she is conscious about C. By means of fraudulent machination or grave abuse of authority and
sexual life, the sex organs and secondary sex characteristics are fully developed but D. When the offended party is under twelve (12) years of age or is
had not experienced sexual intercourse. demented even though none of the circumstance mentioned above be present.
a. True Physical Virginity – The woman is sexually matured, had not 2. By any person who under any of the circumstances mentioned in paragraph 1
experienced sexual intercourse and whose hymen is still intact with distinct regular hereof shall commit an act sexual assault by inserting his penis into another
edges and the opening is small barely admits the tip of the smallest finger. person’s mouth or anal orifice or any instrument or object into the genital or anal
b. False Physical Virginity – is a condition of a woman who had not orifice of another person.
experienced sexual intercourse. The hymen is unruptured, elastic, and distensible and CARNAL KNOWLEDGE – is a sexual act involving bodily connection done by the
admits 1 or 2 examining fingers with least resistance. penetration of the male sex organ into that of a female sex organ.It is
3. Demi-Virginity – is a condition of a woman who allows any form of sexual interchangeably used with sexual intercourse or coitus.
acts but refrain from rupturing the hymen.
4. Virgo Intacta – is a condition of a woman who had several sexual OTHER SEX CRIMES
intercourses but had not born a child. I. Seduction – is an act of a man enticing women to have unlawful sexual
intercourse with him by means of persuasion, solicitation, promises, bribes or other
means without employment of force.
PARTS OF THE FEMALE ANATOMY WHICH MAY BE CONSIDERED IN THE A. QUALIFIED SEDUCTION – seduction of a virgin over twelve
DETERMINATION OF VIRGINITY (12) years and under eighteen (18) years of age, committed by any person in
1. Breast – not a good basis to determine virginity. authority, priests, guardian or teacher or any person who in any capacity, shall be
2. Vaginal Canal- The canal, if not altered by sexual intercourse is tight and entrusted with education or custody of the woman seduced.
with sharp distinct rugosities. B. SIMPLE SEDUCTION – seduction of a woman who is single
3. Labia Majora and Labia Manora -The labia majora is a thick pigments or a widow of good reputation, over 12 years but under 18 years of age committed
layer covered with hair and the labia minora which is the inner smooth layer containing by means of deceit.
sebaceous follicles and have a tendency to become erectile. These structures are not a
Deceit – a fraudulent and cheating misrepresentation, artifice or device used by one or 17. Urolagnia – sexual deviation in which sexual excitement is associated
more persons to deceive and trick another, who is ignorant of true facts to the prejudice with the sight of a woman urinating.
and damaged of the party imposed. 18. Sodomy – sexual act through the anus of another.
19. Uranism – sexual gratification is attained by fondling the breast.
II. ACTS OF LASCIVIOUSNESS – an act which tend to excite lust, conduct which is 20. Frottage – compulsive desire of a person to rub his sex organ against
wanton, lewd, voluptuous or lewd emotion. same parts of the body of another.
Lascivious acts – embracing, kissing and holding woman’s breast and placing male 21. Voyeurism (Peeping Tom) – compulsion to peep to see person
organ over the female organ. undress.
22. Mixoscopia (Scoptophlia) – sexual pleasure is allowed by watching
III. ABDUCTION – carrying away of a woman by an abductor with lewd design. couple doing sexual acts.
1. Forcible abduction - the abduction of any woman against her will and with 23. Troilism – 3 persons participating in sexual orgies.
lewd designs. 24. Coprolalia – sexual deviation characterized by the need to use
2. Consented abduction – the abduction of a virgin over 12 and under 18 years obscene language.
of age carried out with her consent and with lewd designs. 25. Exhibitionism – wilful exposure in public places of one’s genital organ
in the presence of other persons.
IV. ADULTERY AND CONCUBINAGE
ADULTERY – is committed by any married woman who shall have sexual intercourse ABORTION
with a man not her husband and by the man who has carnal knowledge of her, knowing
her to be married even of the marriage be subsequently declared void. Abortion is the expulsion of the contents of a gravid uterus anytime before full
CONCUBINAGE – any husband who shall keep a mistress in a conjugal dwelling term while others consider it as the forcible expulsion of the product of conception
orshall have sexual intercourse under scandalous circumstances with a woman who is anytime before the age of viability. Viability is at the point at which the fetus is
not his wife or shall cohabit with in any other place. potentially able to live outside of the mother’s womb, albeit with respiratory aid.
PROSTITUTES- are women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct. Principal Elements of Abortion:
SEXUAL DEVIATION – are the unnatural sexual offenses and abnormalities. Some
factors which may be responsible for abnormal sexual behaviours are the following: 1. That the expulsion of the product of conception is induced.
environment, educational attainment, mental condition, habits and customs. 2. That the fetus dies either as an effect of the violence used, drug
1. Homosexual – sexual desire towards the same sex administered or the fetus was expelled before the term of its viability.
2. Tribalism (Lesbianism) – a woman has the desire to have sexual
intercourse with another woman. Clinical Types of Abortion:
3. Pedophilia – Sexual perversion wherein a person has the compulsive 1. Missed Abortion – an ovum destroyed by hemorrhage into the
desire to have sexual intercourse with a child of either sex. choriospace usually before the 4th month of the pregnancy.
4. Bestosexual or Bestiality – sexual gratification is attained by having 2. Threatened Abortion – hemorrhage without dilatation of the internal
sexual intercourse with animals. os.
5. Gerontophilia – sexual desire with elder person. 3. Inevitable Abortion – hemorrhage with dilatation if the internal os and the
6. Necrophlia - sexual perversion characterized by erotic desire or presence of rhythmical pain.
intercourse with a corpse.
4. Incomplete Abortion – not all products of conception had been
7. Incest - sexual relations with members of his family.
expelled from the uterus; fragments or portions of which is retained.
8. Lust - murder or necro sadism – sexual behaviour wherein the offenders
perform sexual intercourse and then kill the victim
5. Complete Abortion – the whole product of conception is expelled.
9. Sadism – sexual behaviour wherein the offender inflict harm in order to
Causes of Abortion:
attain seual gratification.
10. Nymphomania – excessive sexual desire of a woman 1. Death of the fetus
11. Fellatio ( irrumation) – female receive the penis into her mouth 2. Abnormality of the uterus
12. Cunnilingus – licking or sucking the vagina 3. Emotional condition
13. Anilism (Anilingus) – person receive excitement by licking the anus of 4. Abortifacent drugs
another person of either sex. 5. Trauma whether direct or indirect
14. Sado Masochism (Algolognia) – pain or cruel act as a factor for sexual 6. Hormonal deficiency
gratification. 7. Acute specific fever and high temperature
15. Flagellation – sexual deviation associates especially with the act of
whipping. Provisions of the RPC on Abortion:
16. Fetishism – an object or bodily part of a woman is necessary for sexual 1. Intentional Abortion (Elements)
stimulation. a. That the woman is pregnant.
b. That violence was applied, or drug was administered, or a person acts upon such 4. By Surgical Intervention
pregnant woman. 5. Modern Methods like Amniocentesis and Vacuum Suction
c. That the effect of such violence, drug, or acts of the offender, the fetus dies or is
Complications of Abortion
expelled.
d. That the offender has the intention to abort the pregnant woman. 1. Immediate Untoward Effects:
2. Unintentional Abortion (Elements) a. Shock – may be due to the laceration of the uterus or the adjacent
a. The woman must be pregnant. organ like the bladder, rectum, intestine or blood vessels. The injury may be
b. Violence was applied on such pregnant woman without the intention of aborting her. due to the introduction of instruments or the application of hot fluid or corrosive
c. The woman aborted as a result of the violence. substances.
3. Abortion practiced by the woman herself or by her parents (Elements) b. Hemorrhage and Anemia – Adherent placental tissue, infection,
a. The woman is pregnant. presence of foreign bodies and atony of the uterus may cause hemorrhage for
b. Abortion is intended to be committed. failure of the uterine muscles to contract.
c. Abortion is induced by: c. Embolism: (1) Air Embolism (2) Fat Embolism (3)Thrombo-
Embolism (4) Bacterial Embolism
(1) The pregnant woman herself.
d. Infection – Pathogenic organism may be introduced into the uterus
(2) Other persons with the consent of the pregnant woman herself. and produce systemic symptoms. If death occurs, signs of toxemia may be
(3) The parents of the woman, or either of them for the purpose of concealing her observed at autopsy.
dishonor and with the consent of the woman herself. e. Poisoning – Lysol, corrosive sublimate, iodine solution are frequently
4. Abortion practiced by a physician or midwife and dispensing abortive used for vaginal douche and may cause systemic poisoning.
(Elements) f. Vaginal Inhibition – Sudden dilatation of the cervix due to the
a. The woman is pregnant. introduction of some objects may cause sudden collapse due to reflex inhibition of
b. The physician induced or assisted in causing the abortion with the use of the vagus nerve.
scientific knowledge.
c. The acts done by the physician or midwife was intended to cause abortion. g. Perforation of the bladder or any of the neighboring organs
2. Delayed Untoward Effects
Kinds of Abortion: a. Infection – The infection may originate from the vaginal canal or from the
1. Spontaneous Abortion – occurs without any form of inducement or blood stream coming from a focus of infection in the body.
intervention. b. Fistula Formation – Communication between the vagina or the uterus
2. Induced Abortion – this will not take place had it not been for some form of with the rectum or bladder may be an after effect of perforation due to
inducement or intervention. Induced abortion may be: instrumentation.
a. Therapeutic Abortion – abortion purposely done to preserve the life of the c. Sterility – Plugging of the Fallopian tubes, infection of the ovaries
mother. may cause sterility.
b. Criminal Abortion – done without therapeutic indication but with criminal intent is d. Pelvic Adhesion – Infection and trauma may cause the uterus or vagina
punishable by law. to become adherent to the surrounding organs or tissues.
- Post-mortem Abortion is the expulsion of the product of conception after death
Medical Evidences of Abortion
of the pregnant woman brought about by the post-mortem contraction of the uterine
muscles.
1. Medical Evidences of Abortion in the Living
a. Presence of external signs of violence in the form of contusions, abrasions,
Reasons why some people procure Abortion:
hematoma, open wounds of whatever form on the body surface if induced by
1. Preserve the life and health of the pregnant woman.
general violence. If violence is applied locally in the generative tract, injuries of
2. Terminate prematurely illegitimate pregnancy in order to conceal the whatever form or description may be seen therein
dishonor of the woman. b. Examination of the generative tract:
3. Financial difficulty. 1) Appearance of the external genitalia and vagina may show laceration,
4. To preserve body form. contusion, abrasions and other marks of instrumentation.
How Abortion is Induced or Procured: 2) Examine the external os for softness, tear and discharge.
1. By General Violence – includes intentional violence, exerting strong 3) Note the size of the uterus, its consistency and location.
physical efforts and other forms of strenuous and exhaustive exercises. c. Examination of the instrument used for the presence of blood,
2. By Local Violence – violence is applied in any portion of the generative placental tissue or fetal parts.
organ. This is usually resorted to when general violence and the use of drugs fails d. History – Note the state of health beforehand after abortion. Inquire as
to give the desired result. Local violence may be applied by the pregnant woman to the motive of the abortion and history of having ingested with abortives.
herself, by the physician, midwife or the parents. e. Signs of previous pregnancy:
3. By the Use of Drugs 1) Condition of the breasts
2) Laxity of the abdominal wall o Any person who, in order to avoid an evil or injury, does an act which
3) Paleness of integument causes damage to another, provided that the following requisites are present: (1)
4) General body weakness that the evil sought to be avoided actually exists; (2) that the injury feared be
5) Presence of characteristic lochial discharge and odor greater than that done to avoid it; (3) that there be no other practical and less
harmful means of preventing it.
6) Palpability of the uterus and laceration of the cervix and perineum
f. Examination of the expelled product of conception  In the performance of an abortion, two lives are involved, namely, the
1) Blood examination for maternity and paternity life of the mother and the life of the fetus. One life must be sacrificed to save
2) Marks of instrumentation the life of another in case of therapeutic abortion.
3) Signs of physical violence  The evil sought to be avoided is the danger on the life of the mother if
4) Proof of viability or non- viability of the fetus such pregnancy will be allowed to continue. Such evil may be infection, organic
5) Presence of abortives and other toxic materials in the fetal blood condition or abnormality existing on the person of the woman and which under
6) Presence or absence of malformation ordinary course of event will cause death.
7) Completeness of the placenta  In the evaluation as to whose life must be spared, it is a common
8) Other identifying marks concept that the life of the mother must be preferred than that of the unborn
g. Laboratory test for pregnancy child. A conceived child is not definitely sure of its independent existence while
h. Testimony of the physician who completed the abortion or of other persons the mother has already manifested real life.
who witnessed the criminal act
2. Medical evidence of abortion in the dead: Grounds for Therapeutic Abortion:
 Aside from the evidences of abortion in the living which may be found in the 1. Cardio-vascular conditions as congestive heart failure, auricular
dead, the following may be observed at autopsy: fibrillations, repeated hemoptysis, paroxysmal tachycardia.
a. Evidence of instrumentation 2. Renal conditions as chronic nephritis, previous eclampsia, pyelitis,
tuberculosis
 This will include the presence of punctured wounds in the placenta, 3. Pulmonary conditions as advanced tuberculosis.
presence of remnants of the placenta inside the uterine cavity, presence of 4. Blood condition as severe anemia.
perforation of the uterus. 5. Gynecological conditions as refractory chorea gravidarum.
b. Examination of stomach and its contents:
6. Organic nervous conditions as psychosis.
7. Miscellaneous conditions as diabetes, exophthalmic goiter.
 Abortifacent drugs and other irritants may be found inside the stomach upon 8. Hereditary conditions as insanity.
chemical examination.
Is the eminent danger of committing suicide on account of her existing pregnancy
be a ground to induce therapeutic abortion to save the life of the woman?
c. Examination of the kidneys and other organs for irritants
 Hatchard v. State (48 N.W. 380 Wis.) a woman who threatened to commit
 Like the stomach and its contents, other organs like the kidneys, liver, spleen suicide unless she could be relieved of the child with which she was pregnant does
must be subjected to a qualitative and quantitative examination for the presence of not present such a necessity for the performance of the operation to save the life
irritant poisons. of the woman. The intention of the law applies only to cases where death of the
d. Examination of uterine contents - Remnant of the product of conception for the mother might reasonably be anticipated from natural causes unless the product of
following: (1) infection (2) stage of pregnancy (3) other complication of abortion. conception is destroyed.
e. Biological test  In a case cited by Camp and Purchase (Practical Forensic Medicine, p. 32,
1957), a married woman with unstable character finding herself pregnant,
1) Paternity test threatened to commit suicide. The physician whom she repeatedly made her threat
2) Test for pregnancy during her unexpected visits referred her to a psychiatrist who recommended
abortion. The operation was carried on by a reputed gynecologist but unfortunately,
f. Examination of some untoward effects of abortion: (1) infection, the patient died of gangrene of the uterus. The coroner did not recommend
toxemia or bacteremia (2) embolism (3) fistulae formation (4) pelvic adhesions. prosecution because the operation was done to save the life of the mother.

Therapeutic Abortion Safeguards to be Observed by Physician in Performing Therapeutic Abortion:

 An abortion which the law allows under some justifications
1. The lawful abortion must be performed by a licensed physician or
Legal Justification to Therapeutic Abortion
surgeon.
 Art. 11, No. 4, Revised Penal Code 2. Abortion in order to be justifiable must be performed to save the life
or to preserve the health of the mother. But modern advancement of medical
science has reduced the number of diseases which will endanger the life and
health if pregnancy is allowed to progress to full term. A physician must exercise period to death) in article 248 shall be imposed upon any person who shall kill any
due diligence in considering a disease or a combination of diseases or conditions child less than three days of age.
as grounds for the therapeutic abortion.
Birth may be:
3. Abortion must be performed openly in a hospital to avoid suspicion that it
was done for some cause other than to save the life of the mother. Abortion a. Still Birth – when the child has not breathed or has not shown any
performed in a private clinic wherein there are no sufficient facilities to cope with sign of life after being completely born.
emergency which may arise in the course of the operation may be a ground for
malpractice.  Causes of Still Birth
4. It is advisable to have the opinion of other competent physicians as to 1. Immaturity
the justifiability of such therapeutic abortion. The opinion of one might be 2. Congenital diseases or malformation
influenced by prejudice and misjudgment. 3. General debilitating diseases (acute specific infection, toxemia, kidney
5. Enlightened and expressed consent must be obtained from the woman disease, acute liver disease, septicemia)
herself if she has no impediment to give consent. It is advisable to have also the 4. Local disease of the generative organ (syphilis; ablation placenta, intra-
consent of the husband, inasmuch as abortion will affect marital relationship. placental hemorrhage, or extensive infarction; kind of the cord; placenta previa
Reasons Why It Is Difficult to Prosecute Physicians Committing the Crime of 5. Accidents in the delivery
Abortion 6. Violence, either deliberate or accidental at birth.

1. The crime is performed clandestinely by an intelligent being who is fully b. Live-Birth – the child after birth exhibited clear signs of vitality and
aware of his criminal act. viability is not necessary.
2. The physician has several medical reasons to justify his act. There is no  In law, the presumption is every newborn child found dead was born
hard and fast rule in medicine. He may claim that there is medical justification to dead. The burden of proof lies on those who declare otherwise. To have a
such abortion because the woman is suffering from a disease which might imperil child acquire a personality distinct as that of the mother, there must be proof
her life if pregnancy will be allowed to progress to full term. of life after complete separation from the mother’s womb.
3. In most cases, the products of conception removed which may be utilized  Proofs of Live Birth
as corpus delicti in the crime is lost. 1) Presence of Heart Action and Circulation
4. The pregnant woman herself is in connivance with the physician and it is 2) Movement of the Child and Crying
quite difficult to let her testify truthfully as to the actual happening. She, herself, is in 3) Presence of Respiration
pari delicto to the crime of criminal abortion. 4) Examination of the Stomach and Intestine
5. Medical society seems to have a lukewarm attitude in helping the state 5) Changes in the Middle Ear (Wredin’s Test: The middle ear of the a child
prosecute the abortionist. before birth is filled with gelatinous, embryonic connective tissue. This
disappears after the birth of the child.))
BIRTH 6) Condition of the Skin
Legal Importance of the Study of Birth 7) Marks of Violence
8) Changes in the Umbilical Cord
1. Birth determines personality: 9) Condition of the Heart and Blood Vessels
 Art. 40,Civil Code: Birth determines personality; but the conceived child Proof of Live-Birth can be deduced in the following:
shall be considered born for all purposes that are favorable to it, provided it be born
later with the conditions specified in the following article. 1) Well-developed signs of breathing
 Art. 41, Civil Code: For civil purposes, the foetus is considered born if it is 2) Presence of air or food in the stomach
alive at the time it is completely delivered from the mother’s womb. However, if the 3) Changes having taken place in the region of the umbilicus
foetus had an intra- uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal womb. If Born Alive, How Long Did the Child Survive?
2. Appearance of a child is a ground for the revocation of donation:
 Art. 760, Civil Code: Every donation inter vivos, made by a person having no  It is not possible to determine the exact length of time the child has lived
children or descendants, legitimate or legitimated by subsequent marriage, or after birth, but an approximate idea may be formed after consideration of the
illegitimate, may be revoked or reduced as provided in the next article, by the following points:
happening of any of these events. (1) if the donor, after the donation has legitimate or 1) Changes in the skin
legitimated or illegitimate children, even though they be posthumous. 2) Presence of caput succedaneum
3. Proof of live-birth must first be shown before death of the child by the 3) Changes in the umbilical cord
prosecution in the case of infanticide: 4) Changes in the circulation
 Art. 255, RPC – Infanticide: The penalty provided for parricide (reclusion Signs of Maturity of the Child at Birth
perpetua to death) in article 246 and for murder (reclusion temporal in its maximum
1. Length of the fetus – 50 centimeters 6. Skin covered with vernix caseosa (waxy or cheese-like white substance
2. Weight – 3.0 kilos found coating the skin of newborn human babies)
3. Lanugo hair almost disappeared 7. Head covered with hair about 2 inches long
4. Limbs and body plump 8. Nails project from the fingers; toe-nails reach only to the end
5. Face lost its wrinkles 9. One or both testes are in the scrotum, or labia have close the vulva
6. Skin covered with vernix caseosa 10. Lower end of femur may show center of ossification about 0.6 cm in
7. Head covered with hair about 2 inches long diameter.

Proof of Live-Birth can be deduced in the following: INFANTICIDE (NEONATICIDE)

1. Well-developed sings of breathing
Infanticide - The killing of a child less than 3 days old.
2. Presence of air or food in the stomach
3. Changes having taken place in the region of the umbilicus RPC. Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and
for murder in Article 248 shall be imposed upon any person who shall kill any child
If born alive, how long did the child survive? less than three days of age.
 It is not possible to determine the exact length of time that the child has
lived after birth.  If killing done by parents, grandparents, or other direct ascendants
 An approximate may be formed after consideration of the following points: penalty: parricide
1. Changes in the skin  If killing done by any other person penalty: murder
a. At birth – body of the child is bright-red in color; covered with vernix  If killing done by mother or maternal grandparents for the purpose of
caseosa which may be present up to 2 days concealing her dishonor lenient penalty
b. At a week’s time – normal color of the skin
c. First 3 days after birth – exfoliation of the skin in the abdomen Problems:
2. Presence of Caput Succedaneum 1. Infancy is the period in the life of a child from birth up to one year.
a. If present – the child was born with head presentation a. Why is the crime of infanticide applied only to killing of less than 3-day
b. There are color changes in the course of its absorption old infant rather than within the 1st year of the life of the child?
3. The Caput lasts up to the 7th Changes in the Umbilical Cord 2. When the head and neck of the child are already out of the birth canal
and the child has breathed through the lungs but the child is not yet capable of
a. Mummification of the cord does not occur if the child is submerged in water
independent existence and it was deliberately put to death, is it considered
after birth
infanticide?
b. A mummified cord may again be soft after continuous soaking in water
3. When a child was born less than 7 months of uterogestation. With
4. Changes in the Circulation modern neonatal management, the child had all the chances to live. After a few
Umbilical artery begins to contract – about 10 hours after birth hours after birth, the child was deliberately killed. Is the killing a case of
infanticide? Can the crime of infanticide be committed on someone who is not
a. Umbilical vein and ductus venosus obliterate – 4th and 5th day yet a person as contemplated by law?
b. Ductus arteriosus – on the 3rd day
Motives for committing infanticide
c. Foramen ovale closes on the 2nd or 3rd month
1. To conceal dishonor (single, widowed, estranged from husband, living
Penalties: If the crime penalized in this article be committed by the mother of the child separately from husband)
for the purpose of concealing her dishonor, she shall suffer the penalty of prision 2. Financial reason
correccional in its medium and maximum periods, and if said crime be committed for 3. Desired number of children has already been attained (substitute for
the same purpose by the maternal grandparents or either of them, the penalty shall be ineffective family planning)
prision mayor. 4. Congenital abnormality of the child
5. Mental abnormality of the parent
Signs of maturity of the child at birth 6. Belief that child will bring bad luck to the family.

1. Length of the fetus – 50 cm Criminological Characteristics of infanticide

2. Weight – 3 kg 1. Most often committed by the mother
3. Lanugo hair almost disappeared 2. Almost always committed at home
4. Limbs and body plump 3. Crime scene: no manifest disturbance, no witnesses, no noise, no outcry
5. Face lost its wrinkles 4. Trauma applied is so minimal
5. A newly born child found dead was born dead. Burden of proof that a
living child has been killed is placed on the prosecution
What must be proven by evidence a. Right of legitimate children is different from that of illegitimate children
1. That the child was born alive 2. For enforcement of naturalization and immigration laws
2. That the child was deliberately killed a. Naturalized citizens give ipso facto Philippine citizenship to their minor
3. That the child killed was less than 3 days old children. Thus, the minors must prove that they are legitimate children of the
naturalized citizen.
How Infanticide is committed 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
1. By omission or neglect latter.
a. Failure to ligate the umbilical cord (if not cut or not tightly ligated, child may
bleed to death) Kinds of Children
b. Failure to protect the child from heat and cold (depriving the child of
necessary clothing) 1. Legitimate Children
c. Failure to take the necessary help of a midwife or a skilled physician a. Who are considered legitimate children
d. Failure to supply the child with proper food (child starved to death) i. Children conceived or born during the marriage of the parents
e. Failure to remove the child from the mother’s discharge which resulted to ii. Children conceived as a result of artificial insemination of the wife with
suffocation the sperm of the husband or that of a donor or both are likewise legitimate children
2. By commission of the husband and his wife, provided, that both of them authorized or ratified such
a. Inflicting physical injuries (use of kitchen utensils, hard or sharp objects) insemination in a written instrument executed and signed by them before the birth
b. Suffocation of the child. The instrument shall be recorded in the civil registry together with the
c. Strangulation birth certificate of the child.
d. Drowning (child disposed in asewerage disposal in a creek) b. Grounds to impugn legitimacy of a child:
e. Poisoning i. That it was physically impossible for the husband to have sexual
f. Burning intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
g. Deliberate exposure to heat cold (direct sunshine, basin of cold water)
1. the physical incapacity of the husband to have sexual intercourse
Post-mortem findings in cases of infanticide with his wife;
1. Complete examination of skin surfaces 2. the fact that the husband and wife were living separately in such
a way that sexual intercourse was not possible; or
a. Presence of marks of physical violence (fingernail marks at the neck)
b. Abrasion 3. serious illness of the husband, which absolutely prevented sexual
intercourse;
c. Contusion
ii. That it is proved that for biological or other scientific reasons, the child
d. Hematoma could not have been that of the husband, except in the instance provided in
e. Lacerated wounds the second paragraph of Article 164; or
f. Ligature or pressure marks on the neck iii. That in case of children conceived through artificial insemination, the
2. Examination of mouth and upper portion of the alimentary tract (the tubular written authorization or ratification of either parent was obtained through
passage extending from the mouth to the anus, through which food is passed and mistake, fraud, violence, intimidation, or undue influence.
digested) c. The child shall be considered legitimate although the mother may have
a. Can show signs of poisoning declared against its legitimacy or may have been sentenced as an adulteress.
3. In case of poisoning, the organs must be preserved and sent to a competent d. If the marriage is terminated and the mother contracted another
toxicologist for proper analysis marriage within three hundred days after such termination of the former marriage,
4. Laceration or other injury of the upper portion of air passage these rules shall govern in the absence of proof to the contrary:
5. Lungs may show signs of drowning i. A child born before one hundred eighty days after the solemnization of
6. Fracture of the bones, laceration of the internal organs. the subsequent marriage is considered to have been conceived during the
former marriage, provided it be born within three hundred days after the
PATERNITY AND FILIATION termination of the former marriage;
ii. A child born after one hundred eighty days following the celebration of
Paternity – civil status of the father with respect to the child begotten by him the subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
Filiation – civil status of the child in relation to its mother or father
termination of the former marriage.
Legal importance of determining paternity and filiation e. The legitimacy or illegitimacy of a child born after three hundred days
following the termination of the marriage shall be proved by whoever alleges
1. For succession such legitimacy or illegitimacy.
f. The action to impugn the legitimacy of the child shall be brought
i. Within 1 year from the knowledge of the birth or its recording in the civil 2. one who seeks to adopt the legitimate son/daughter of his/her Filipino
register, if the husband or, in a proper case, any of his heirs, should reside in the city spouse; or
or municipality where the birth took place or was recorded. 3. one who is married to a Filipino citizen and seeks to adopt jointly with
ii. If the husband or, in his default, all of his heirs do not reside at the place of his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity
birth as defined in the first paragraph or where it was recorded, the period shall be of the Filipino spouse; or
two years if they should reside in the Philippines; and three years if abroad. iii. The guardian with respect to the ward after the termination of the
iii. If the birth of the child has been concealed from or was unknown to the guardianship and clearance of his/her financial accountabilities.
husband or his heirs, the period shall be counted from the discovery or knowledge of iv. Husband and wife shall jointly adopt, except in the following cases:
the birth of the child or of the fact of registration of said birth, whichever is earlier. 1. if one spouse seeks to adopt the legitimate son/daughter of the other; or
g. The heirs of the husband may impugn the filiation of the child within the 2. if one spouse seeks to adopt his/her own illegitimate son/daughter:
period prescribed in the preceding article only in the following cases: Provided, However, that the other spouse has signified his/her consent thereto;
i. If the husband should died before the expiration of the period fixed for or
bringing his action; 3. if the spouses are legally separated from each other.
ii. If he should die after the filing of the complaint without having desisted v. In case husband and wife jointly adopt, or one spouse adopts the
therefrom; or illegitimate son/daughter of the other, joint parental authority shall be exercised
iii. If the child was born after the death of the husband. by the spouses.
b. Who may be adopted
2. Legitimated Children i. Any person below eighteen (18) years of age who has been
a. Children conceived and born outside of wedlock of parents who, at the time of administratively or judicially declared available for adoption;
the conception of the former, were not disqualified by any impediment to marry each ii. The legitimate son/daughter of one spouse by the other spouse;
other may be legitimated. iii. An illegitimate son/daughter by a qualified adopter to improve his/her
 Legitimation shall take place by a subsequent valid marriage between parents. status to that of legitimacy;
The annulment of a voidable marriage shall not affect the legitimation. iv. A person of legal age if, prior to the adoption, said person has been
 Legitimated children shall enjoy the same rights as legitimate children. consistently considered and treated by the adopter(s) as his/her own child since
 The effects of legitimation shall retroact to the time of the child's birth. minority;
 The legitimation of children who died before the celebration of the marriage v. A child whose adoption has been previously rescinded; or
shall benefit their descendants. vi. A child whose biological or adoptive parent(s) has died: Provided, That no
 Legitimation may be impugned only by those who are prejudiced in their rights, proceedings shall be initiated within six (6) months from the time of death of said
within five years from the time their cause of action accrues. parent(s).

3. Adopted Children 4. Illegitimate Children

a. Who may adopt a. Children conceived and born outside a valid marriage are illegitimate, unless
i. Any Filipino citizen of legal age, in possession of full civil capacity and legal otherwise provided in this Code.
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 B. Illegitimate Children
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  Those who were born out of lawful wedlock or after a competent time after
(16) year difference between the age of the adopter and adoptee may be waived when its dissolution.
the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's 1. Natural Children:
parent; a. Natural Children (Proper):
ii. Any alien possessing the same qualifications as above stated for Filipino -those born outside wedlock of parents who, at the time of the conception of the
nationals: Provided, That his/her country has diplomatic relations with the Republic of former, were not disqualified by any impediment to marry each other (Art. 269, Civil
the Philippines, that he/she has been living in the Philippines for at least three Code).
continuous years prior to the filing of the application for adoption and maintains such
residence until the adoption decree is entered, that he/she has been certified by b. Natural Children by Legal Fiction:
his/her diplomatic or consular office or any appropriate government agency that he/she -those children born out of void marriages or those born of voidable marriages
has the legal capacity to adopt in his/her country, and that his/her government allows after the decree of annulment.
the adoptee to enter his/her country as his/her adopted son/daughter: Provided,
Further, That the requirements on residency and certification of the alien's qualification c. Natural Children by Presumption:
to adopt in his/her country may be waived for the following: -those natural children acknowledged by the father or the mother separately if
1. a former Filipino citizen who seeks to adopt a relative within the fourth (4th) the acknowledging parent was legally competent to contract marriage at the time
degree of consanguinity or affinity; or of conception.
2. Spurious Children:  If the woman abused is married, the child born subsequently cannot be
 Illegitimate children who are not natural. recognized and support cannot be demanded from the offender.
a. Adulterous Children:
- children conceived in an act of adultery or concubinage. Evidence of Paternity and Filiation

b. Sacrilegious Children: A. Medical Evidences

-children born of parents who have been ordained in sacris (priest and nun). 1. Parental Likeness:
-Heredity transmits traits and characteristics from parents to the offsprings.
c. Incestuous Children: -There must be some gross manifestation of the children which may be in
-children born by parents who are legally incapable of contracting valid marriage common with the father.
because of their blood relationship.
2. Blood Grouping Test:
d. Manceres: -blood type of the child is a possible product of the parents not conclusively
-children conceived by prostitutes. show that the child is born by such parents.
-blood type of the child is not the possible product of the parents conclusively
Civil Liability of Persons Guilty of Crimes Against Chastity: show that the child is not that of the husband.

 Art. 345, Revised Penal Code: 3. Evidences from the Mother:

Persons guilty of rape, seduction or abduction shall also be sentenced: a. Proofs of Previous Delivery:
-supposed mother may be subjected to an examination to determine the presence of
1. To indemnify the offended woman. signs of previous childbirth and which are compatible with the age of the child.
2. To acknowledge the offspring, unless the law should prevent him from so doing.
3. In every case to support the offspring b. Proofs of Physical Potency and Fertility:
 The adulterer and the concubine may also be sentenced, in the same -the woman may be manifesting some acquired or congenital defect wherein
proceeding or in a separate civil proceeding, to indemnify for damages caused to the impotency may be inferred
offended spouse.
 In cases of multiple rape, the offenders may not be required to recognize the -fertility may be inferred from the presence of other pregnancies and the absence of
offspring. organic abnormalities of the generative system.

c. Proof of Capacity to have Access with the Husband: PATERNITY AND FILIATION ON NON-CONVENTIONAL METHODS OF
-general physical examination of the woman is necessary to determine whether she is PROCREATION
physically capable of having sexual intercourse with her husband.
 The standard method of reproduction is the introduction of the male sperm
4. Evidences from the Father: into the generative organ of a female through sexual intercourse followed by
a. Proof of Physical Potency and Fertility: fertilization, growth and development of the conceptus and However, modern
-medical examination must be done whether husband is capable of erection. advancement of medicine modified the conventional method as a solution to some
specific problems of reproduction.
-examination of spermatozoa in the seminal fluid is necessary to determine fertility.
A. Artificial Insemination
-presence of disease, congenital or acquired abnormalities, etc. may be factors that  A medical procedure by which the semen is introduced into the vagina by
may bring about impotency or sterility. means other than copulation for the purpose of procreation.
b. Proof of Access:  therapeutic insemination – more suitable for the procedure.
-physician must determine the health and vigor of the father, the presence of disease,
which may bring about his incapacity to perform sexual intercourse. Artificial Insemination Classified According to the Source of Semen:
1. A.I.H. (Artificial Insemination Homologous, Artificial Insemination Husband) –
B. Non-medical Evidences Sperm comes from the husband.
1. Record of birth in the Civil Registrar, or by an authentic document or a final
judgment (Art. 265, Civil Code). 2. A.I.D. (Artificial Insemination Donor, Artificial Insemination Heterologous) –
2. Continuous possession of the status of a legitimate child (Art. 266, Civil Sperm comes from a donor other than the husband.
Code).
3. Any other evidences allowed by the Rules of Court and special laws (Art. 3. A.I.H.D. (Artificial Insemination Husband Donor, Polled Donor Semen) –
267, Civil Code). Donor semen comes from the husband and a third party donor.
Medical Indications for Artificial Insemination: Consent on A.I.D.:
1. For A.I.H.:  The consent and release for any future claim must be obtained by the
a. When the deposition of the husband’s semen within the vagina is by physician from all parties in writing.
coitus;  Consent of wife is necessary to avoid being held liable for an assault.
b. When the infertility is due to poor motility, paucity or otherwise defective  Consent of husband is necessary to avoid the wife being charged with
sperm cells or too small a volume of the ejaculant. adultery
2. For A.I.D. or A.I.H.D.:  Consent and release of the donor should be obtained for the unrestricted use
a. Absolute male sterility (Azoospermia); of the semen supplied
b. Oligospermia – Less than 10-15 million sperm per cc. of semen with  Donor should also certify in writing that he will make no effort to ascertain the
infertility of long duration; identity of the couple involved.
c. Hereditary disease in the husband making propagation inadvisable for  If the donor is married, consent of the wife must also be obtained
eugenic reason; or
d. An Rh blood incompatability is expected to cause an abnormal baby on B. In Vitro Fertilization
situations where other techniques to overcome such incompatability are not applicable.  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
Selection of Donor of Semen: reaching a certain stage of cellular division and development:
 In A.I.D., the selection of the appropriate donor of semen resides in the 1. Implanted into the woman’s uterus, or
physician. 2. Gestation (development of the embryo to a child) in an artificial womb.
 If the child born becomes defective which can be traced from a physician’s o Ectogenesis (extra corporeal gestation) – whenever the embryo is allowed to
negligence or carelessness in choosing the donor, the physician may be held liable. develop in an artificial womb
 Obligations imposed on a physician in the selection of donors:
1. Proper screening must be made of the donor.
2. Donor must have the racial characteristic and physical proportion as those Procedure of In Vitro Fertilization:
of the husband and wife and the blood type must be compatible with  Process begins with injections into the oocyte (ovum) donor of a hormone
A.B.O. and Rh genotype of the wife. known as gonadotropin, which induces super-ovulation.
3. Physician must ensure that the identity of the donor is not known to the  Approximately 30 hours later, the oocytes are removed from the ovary by
parents and vice versa. laparoscopy, a surgical procedure accomplished by inserting two thin glass tubes
4. Complete physical examination with standard test for syphilis and into the ovary through a small incision in the abdomen.
gonorrhea is obtained not more than 1 week before the seminal fluid is collected.  The removed oocytes are placed in a Petri dish or a test tube containing
growth medium simulating the environment of the woman’s body.
Precautions to be Observed by the Physician in Performing Artificial Insemination:  The oocytes are then fertilized by a sperm which has been held in vitro.
 The resulting conceptus, after it divides and grows for a few days until it
1. Physician should make certain by reasonable testing that the procedure is reaches the blastocyst stage (stage at which the embryo normally enters the
medically indicated for the couple. Husband is infertile and such condition is permanent. uterus), is then inserted through the vagina and cervix into the uterus where it is
2. Physician should establish by proper evaluation that the couple is emotionally implanted at a proper time in menstrual cycle.
stable and psychologically suited for this type of parenthood.
 After successful transplantation, the woman carried the blastocyst to term.
3. Physician must use all reasonable precautions in selecting the donor.
4. Physician must, under no circumstances except by court order, reveal the Possible Situations in In Vitro Fertilization:
fact of artificial insemination or the identity of the donor or of the couple to each 1. The ovum removed from the wife is fertilized by the husband’s sperm and the
other or to other persons. resulting zygote is implanted into the wife’s uterus.
5. Physician must use freshly donated sperm or frozen semen. 2. The ovum removed from the wife is fertilized by the sperm coming from a
6. The insemination procedure must be performed by the physician in third party (sperm donor) and is implanted into the wife’s uterus.
accordance with the currently accepted techniques. 3. The ovum coming from a third party (ovum donor) is fertilized by the
7. Full and valid consents and releases should be obtained in writing from all husband’s sperm and the blastocyst is implanted into wife’s uterus.
parties involved, and each consent must be an ―informed consent.‖ 4. The ovum taken from the ovum donor is fertilized by the sperm coming from
the sperm donor and the blastocyst is implanted into the wife’s uterus.
Status of the Child Born by Artificial Insemination:
5. The ovum removed from a single woman is fertilized by the sperm taken from
1. In A.I.H. – child is a legitimate child of the husband. a male donor, the blastocyst is implanted into the single woman’s uterus.
2. In A.I.D., with consent of the husband – child is legitimate although the fertilization 6. The ovum removed from the wife is fertilized by the husband’s sperm and
semen is not from the husband. the blastocyst is implanted to a ―host or surrogate.
3. In A.I.D., without consent or against the will of the husband – child is illegitimate
7. The ovum coming from the wife is fertilized artificially by the sperm coming from -Social Problem in In Vitro Fertilization:
the sperm donor and the blastocyst is implanted into the surrogate’s uterus.  The progress of science must be geared towards improvement in the quality of men and
8. The ovum coming from the ovum donor is fertilized by the sperm coming from not towards retrogression or deterioration.
the husband and the blastocyst is placed into the surrogate’s uterus.
9. The ovum coming from the ovum donor is fertilized by the sperm coming from 2. Problem of surrogate mother:
the sperm donor and the blastocyst is implanted into the surrogate’s uterus.
-Reasons why the services of a surrogate mother may be necessary:
Basis of Legality of In Vitro Fertilization:
a. Necessity
 No person shall be deprived of life, liberty, or property without due process of
 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
law, nor shall any person be denied the equal protection of the laws. (Art. III, Sec. 1,
the child may be born with abnormalities.
1987 Constitution)
 Genetic mother may possess deleterious genetic traits which may be passed on to the
 From the term ―liberty‖ emanates the rightofprivacy child.
 The right of privacy means the right to be left alone. It is the right of an  Couple is unable to adopt a child.
individual to the possession and control of his own person, free from all restraints b. Convenience
or interference of others, unless by clear and unquestionable authority of law. It is  A woman may not want to interrupt her career during the gestational period.
the right of parents or guardians to establish their family life as they see fit. -Motivation of a woman to become a surrogate mother:
 Other implication of the right of privacy which may be the basis of legality of in a. Altruistic motive
vitro fertilization: b. Material consideration
o Right of procreation – A ban on the use of in vitro fertilization would prevent an  If the surrogate mother merely receives all expenses incurred in carrying the fetus to term
individual from using means to fulfill his or her procreative mission. and then delivered: altruistic motive
o Right of marital privacy – Prohibition of in vitro fertilization as a way to have If payment is beyond the reasonable cost of pregnancy, it is tantamount to
children will mean government intrusion into the marital bedroom in search of ―rental for the use of theuterus.
evidence for violating the law. -Problems that may arise in the agreement in the use of surrogate mother for gestational
o Right to decide whether to bear or beget – The right of a person to determine purpose:
whether to carry or not to carry a product of conception, to be or not to be a a. If the surrogate mother decided to abort the child contrary to the wish of the
mother or to raise or not to raise a family. genetic parents.
Right of self-determination – ―Every human being of adult age and of sound mind has b. The surrogate mother may decide to keep the child after birth rather than
the right to determine what shall be done on his own body. surrender him to the genetic parents.
c. The parents may decide to abort the child because of the fear that abnormality
Problems in In Vitro Fertilization: may be present but the surrogate mother refuses to do so.
1. The probability that the child to be born will be defective. If the child was born with abnormality and the parents refused to take the child from the
Some of the probable causes of the birth of a defective child: surrogate mother.
a. Administration of hormone to the prospective source of ovum d. Can the couple enforce the contract in the event that the surrogate mother
b. Mechanical manipulation of the oocyte and embryo committed other breaches?
c. Mistake in the ―screening process or selection of the best ovum for e. Is there a need to go through the procedure of adoption in order to
fertilization legitimatize the child at birth?
d. Defective donors (sperm or ovum) -Potential solution to the problems of surrogate mother:
a. By contract – There must be a contract specifically mentioning the rights
-A physician need not fear too much of the possible liability on account of a defective
child because: and duties of each party.
a. The plaintiff will find difficulty in proving negligence because birth b. By legislation – The court is bound to enforce the legislation unless found to
defects are well known to occur in normal or natural pregnancies. be unconstitutional. (better solution)
b. Prospective parents are normally briefed of the potential risks of the 3. Problem of the status of the child born by in vitro fertilization (please
procedure before their consent is obtained. refer to possible situations in in vitro fertilization portion above)
c. In vitro fertilization has yet to evolve a clearly defined standard of care by a. Situation 1 – Child is legitimate
which to determine whether the action of the physician is negligent. b. Situation 5 – Child is illegitimate
d. The plaintiff is required to meet the difficult task of proving negligence.
c. Situation 2 and 3 – Child may still be legitimate if there is consent of the
sterile party to the in vitro fertilization. If child is not considered legitimate,
adoption may be done
The status that the child may be a problem may change if the in vitro fertilization was done
with the knowledge and consent or against the will of the sterile spouse.
d. Situation 4, 6, 7, 8 and 9 – Genetic parents are different from the gestational
mother. Adoption may be a legal remedy provided there is no impediment to the
application of the procedure, otherwise a special legislation may be necessary.

C.Other Non-Conventional Methods of Procreation

1. Artificial Inovulation – The removal of an unfertilized egg from a woman and placing it on
the reproductive tract of another woman.
2. Embryo Transplantation – The removal of a fertilized egg from a woman’s uterus to
transfer to that of another woman’s uterus.
3. Parthenogenesis (―Virgin Birth) – A type of sexual reproduction whereby the unfertilized
egg with 23 chromosome compliment doubled its content to become a diploid cell that
starts dividing as if it is a fertilized egg without the intervention of a male sperm cell, the
resulting offspring is a female.
4. Cloning – A type of sexual reproduction whereby the nucleus of a female egg is removed
(inucleation) which contains the genetic material and replaced with the nucleus of a body
(somatic) cell of the same or another woman (re nucleation). The renucleated egg is then
placed in a uterus for gestation and normal development. Resulting offspring is genetically
identical to the parent.