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Questions and Answers
Who are the persons authorized to perform medical examinations according to the Code of Sanitation of the Philippines?
Who are the persons authorized to perform medical examinations according to the Code of Sanitation of the Philippines?
- Health officers
- Medical officers of law enforcement agencies
- Members of the medical staff of accredited hospitals
- All of the above (correct)
What must a medical practitioner do upon treating a person for serious or less serious physical injuries?
What must a medical practitioner do upon treating a person for serious or less serious physical injuries?
Report the treatment to the nearest Philippine Constabulary unit without delay.
Medical practitioners must charge a fee for transmitting reports of physical injuries.
Medical practitioners must charge a fee for transmitting reports of physical injuries.
False (B)
The ____ is the branch of medicine which deals with the application of medical knowledge to the purposes of law.
The ____ is the branch of medicine which deals with the application of medical knowledge to the purposes of law.
Match the following articles with their descriptions:
Match the following articles with their descriptions:
What should medical personnel do if they suspect a child has suffered abuse?
What should medical personnel do if they suspect a child has suffered abuse?
A medical jurist can be called to testify in a court of law.
A medical jurist can be called to testify in a court of law.
What is the primary role of a medical jurist?
What is the primary role of a medical jurist?
What is an Executive Order?
What is an Executive Order?
What are the phases of standardized polygraph interrogation?
What are the phases of standardized polygraph interrogation?
During the pre-test interview phase, baseline determination involves determining pre-existing medical or psychiatric conditions and use of _____ or prescribed drugs.
During the pre-test interview phase, baseline determination involves determining pre-existing medical or psychiatric conditions and use of _____ or prescribed drugs.
The results of a polygraph test are always admissible in court.
The results of a polygraph test are always admissible in court.
What is the main purpose of the post-test interrogation phase?
What is the main purpose of the post-test interrogation phase?
Which of the following is NOT a reason why testimonies obtained through hypnosis are not admissible in court?
Which of the following is NOT a reason why testimonies obtained through hypnosis are not admissible in court?
What is the MOA of sodium penthotal?
What is the MOA of sodium penthotal?
Which of the following describes a voluntary extra-judicial confession?
Which of the following describes a voluntary extra-judicial confession?
An ex-convict is one who has been declared not guilty of a criminal offense.
An ex-convict is one who has been declared not guilty of a criminal offense.
What must happen if a suspect cannot afford an attorney?
What must happen if a suspect cannot afford an attorney?
Witnesses are generally not suspects in an interrogation.
Witnesses are generally not suspects in an interrogation.
What are the acts and commands of the President in his capacity as Commander-in-Chief called?
What are the acts and commands of the President in his capacity as Commander-in-Chief called?
What branch of law defines rules concerning pleadings, legal practices, and procedures of courts in the Philippines?
What branch of law defines rules concerning pleadings, legal practices, and procedures of courts in the Philippines?
Unwritten or common law is based on statutory laws.
Unwritten or common law is based on statutory laws.
Which of the following is an example of a special law?
Which of the following is an example of a special law?
Which rule involves the admissibility of evidence?
Which rule involves the admissibility of evidence?
A law can only be applied to cases after its ______.
A law can only be applied to cases after its ______.
What is the rule concerning the retroactive effect of laws?
What is the rule concerning the retroactive effect of laws?
Which of the following is NOT a type of testimonial evidence?
Which of the following is NOT a type of testimonial evidence?
Which method uses physiological responses to detect deception?
Which method uses physiological responses to detect deception?
Every form of evidence is admissible in court.
Every form of evidence is admissible in court.
According to remedial law, what is required to prove a civil case?
According to remedial law, what is required to prove a civil case?
A plea of guilty when formally entered is sufficient to sustain a conviction.
A plea of guilty when formally entered is sufficient to sustain a conviction.
What is the purpose of fingerprinting in human body identification?
What is the purpose of fingerprinting in human body identification?
What is the premise of the Bertillon system?
What is the premise of the Bertillon system?
Which of the following is NOT a requirement for creating a portrait parle?
Which of the following is NOT a requirement for creating a portrait parle?
Fingerprints of an individual may change completely overnight.
Fingerprints of an individual may change completely overnight.
The _____ method of identification utilizes anthropometrical measurements.
The _____ method of identification utilizes anthropometrical measurements.
Match the following elements to their related concepts in forensic identification:
Match the following elements to their related concepts in forensic identification:
What is the significance of scars in human body identification?
What is the significance of scars in human body identification?
Which of the following body characteristics is used to establish paternity?
Which of the following body characteristics is used to establish paternity?
The accuracy of dental records is based on the proximity to the time of death.
The accuracy of dental records is based on the proximity to the time of death.
What is bibliotics?
What is bibliotics?
Which of the following bones can be used to determine height? (Select all that apply)
Which of the following bones can be used to determine height? (Select all that apply)
What can be determined from the presence or absence of soft tissues adhering to bones?
What can be determined from the presence or absence of soft tissues adhering to bones?
All soft tissues in a grave usually disappear within a year.
All soft tissues in a grave usually disappear within a year.
Match the following legal articles with their significance:
Match the following legal articles with their significance:
What is the importance of legal determination of age?
What is the importance of legal determination of age?
What are Tardieu spots?
What are Tardieu spots?
What is the first post-mortem change that begins after death?
What is the first post-mortem change that begins after death?
The period from the time of death up to the time of examination may be determined by the nature and presence of soft tissues and degree of __________ of the bones.
The period from the time of death up to the time of examination may be determined by the nature and presence of soft tissues and degree of __________ of the bones.
Which of the following can indicate a minimum time since death? (Select all that apply)
Which of the following can indicate a minimum time since death? (Select all that apply)
Study Notes
Authorized Personnel
- Health officers, medical officers of law enforcement, and accredited medical staff can perform specific legal medical examinations.
- Reporting of physical injuries by medical practitioners is mandated under the Code of Sanitation of the Philippines (PD856, 1976).
Reporting Requirements
- Medical establishments must report any treatment related to serious or less serious physical injuries to the nearest police unit without delay.
- No fees shall be charged for the transmission of such reports.
Legal Medicine Overview
- Legal Medicine applies medical knowledge for law and justice.
- It integrates clinical, medical, and paramedical sciences to address legal matters.
Medical Jurisprudence and Ethics
- Medical jurisprudence involves laws governing medical practice and responsibilities.
- Ethical considerations in medical practice are crucial, with a focus on rights and duties of practitioners.
Child Abuse Reporting
- Medical personnel suspecting abuse must document injuries, provide medical certificates, and notify the Department of Social Welfare within 48 hours.
- Failure to report may result in fines of up to P2,000.
Legal and Ethical Foundations
- Legal Medicine has a framework defined by constitutional law, statutory law, administrative regulations, and executive orders.
- Rights, duties, and obligations of practitioners are foundational elements of legal medicine in the Philippines.
Distinctions in Legal Medicine
- Legal Medicine focuses on law enforcement procedures while Medical Jurisprudence emphasizes rights and responsibilities in healthcare.
Types of Laws
- Constitutional Law: Governs state policies and civil rights.
- Statutory Law (Legal Medicine): Comes from legislation passed by Congress and signed into law by the President.
- Administrative Law: Established by executive agencies to assist in enforcing laws.
Application of Legal Medicine
- Relevant in various legal contexts, including civil and criminal law, focusing on personal injury and liability.
- Impacts fundamental legal processes, including marriage, paternity, criminal responsibility, and evidentiary standards.
Common Law and Unwritten Law
- Unwritten laws stem from customs and societal practices and can influence judicial decisions via Stare Decisis.
Role of Medical Jurists
- Medical jurists observe and document injuries, providing expert testimony in court regarding medical findings.
Legal Medicine in Court Procedures
- Legal Medicine is applied in various judicial contexts, including mental examinations, hospitalization of the insane, and evidentiary rules.
Enforcement of Constitutional Provisions
- Any administrative acts contrary to constitutional provisions are void, with the Constitution prevailing in legal matters.### Legal Medicine and Application
- Legal Medicine applies to several special laws, including the Code of Sanitation, Dangerous Drugs Act, and Youth and Child Welfare Code.
- Any existing law inconsistent with a subsequent law is repealed by the latter law.
Evidence and Rules of Evidence
- Evidence is the means to ascertain truth in judicial proceedings, governed by the Rules of Court.
- Ignorance of the law does not excuse compliance, preventing it from being a defense against violations.
- Laws have no retroactive effect unless explicitly stated; application occurs only post-promulgation.
Admissibility of Evidence
- The same rules of evidence apply across all cases and courts.
- Original evidence is preferred; secondary evidence is admissible when original is unavailable.
- Oral evidence cannot alter, contradict, or modify original evidence.
Exclusionary Rules
- Evidence obtained through unlawful search, seizure, or violation of privacy is inadmissible.
- Extrajudicial confessions must be counseled and informed to be valid; coerced confessions are excluded.
Types of Evidence
- Physical Evidence: Tangible objects introduced for examination in court.
- Documentary Evidence: Records and instruments like medical reports, autopsy reports, and documentation for legal purposes.
- Testimonial Evidence: Oral testimonies may come from ordinary or expert witnesses, classified based on knowledge and skills.
- Autoptic Evidence: Evidence directly related to the senses of the court.
Special Considerations in Evidence Presentation
- Sensitive evidence, such as sexual abuse recordings, must be presented in court and not through remote means.
- Prima facie evidence establishes a fact unless disproved or rebutted.
Methods for Deception Detection
- Technologies include polygraphs and other psycho-physiological response recording devices.
- Methods may assist in evaluating truthfulness but are not definitive in court.
Evidence Necessary for Conviction
- Direct Evidence: Proves a fact without inference.
- Circumstantial Evidence: Supports assertions through inference from multiple proven circumstances.
Standards for Evidence Sufficiency
- Preponderance of evidence must be established by the plaintiff in civil cases.
- Proof beyond reasonable doubt is required for criminal cases leading to conviction.
Polygraph Details
- Polygraphs measure physiological responses but are not definitive; results are often inadmissible due to various influencing factors.
- Phases of polygraph interrogation include pre-test, actual interrogation, and post-test interviews.
- Proper administration requires qualified personnel and controlled environments for accurate results.### Standardized Polygraph Phases
- Phase 2 involves using detectors attached to the subject with standardized questions.
- Questions are categorized into irrelevant (background info), relevant (case-specific), and control questions (intermediate relevance).
- Phase 3 entails post-test interrogation to clarify findings and obtain further information.
Psychological Testing Techniques
- Word Association Test requires subjects to respond quickly to stimulus/non-stimulus questions.
- Psychological Stress Evaluator uses voice analysis: microtremors in speech can indicate stress; a lack of microtremor suggests lying.
Drugs in Interrogation Techniques
- Drugs that inhibit the inhibitor can elicit involuntary responses; this violates rights against self-incrimination.
- Sodium amytal and sodium pentothal are GABAa receptor blockers, impairing brain functions but potentially unreliable for confessions.
- Alcohol (Ethanol) acts similarly, causing CNS depression and impaired judgment.
Hypnosis and Its Limitations
- Hypnosis alters consciousness and increases suggestibility, but not all individuals are susceptible.
- Testimonies obtained through hypnosis are often inadmissible in court due to their involuntary nature.
Types of Confessions
- Extra-judicial confessions must be corroborated and can be voluntary (uncoerced) or involuntary (coerced through intimidation).
- Judicial confessions are made during trial and can mitigate sentences.
Legal Rights in Interrogation
- Individuals must be informed of their right to remain silent, to legal counsel, and that anything said can be used against them in court.
- Confessions obtained under duress, intimidation, or while incommunicado are inadmissible in evidence.
Identification of Human Remains
- Goals include confirming identity and establishing links between missing persons and unidentified cadavers.
- Methods of identification involve comparison to known records and assessing post-mortem findings against ante-mortem records.
Variables in Human Body Identification
- Factors like skin color, facial features, handedness, and deformities are assessed for individuality.
- Tattoos, scars, and other marks can provide essential identifying details.
Anthropometrics
- Alphonse Bertillon developed a system of anthropometrical measurement for human identification, based on unique skeletal characteristics.
- His premise states that no two humans have identical bone structures, simplifying identity verification through measurement.
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Description
Test your knowledge on the personnel authorized to perform health-related duties as described in healthcare regulations. This quiz covers the roles of health officers, law enforcement medical officers, and members of the medical staff. Understand the legal and professional frameworks guiding these positions.
