oct2024comprehensive_TIER-I-LEGAL-MED.pdf

a.) Persons authorized to perform these are: 1. Health officers 2. Medical officers...

a.) Persons authorized to perform these are: 1. Health officers 2. Medical officers of law enforcementagencies; and 3. Members of the medical staff ofaccredited Chapter XXI, Section 95, Subsection a, Legal Medicine, The Code of Sanitation of the Philippines (PD856, 1976) 24 Medical Examination and Reporting of Physical Injuries Jurisprudence and hospital, medical clinic, sanitarium or other medical establishments, or any medical 20 Bioethics practitioner, who has treated any person for serious or less serious physical injuries as those injuries are defined in Articles 262, Joseph Reuel Cruz, BSci., RMT, MD 263, 264 and 265 of theRevised Penal Code Board-Licensed Medical Technologist and PhysicianTop 8, 2011 Medical Technologist Licensure Examination shall report the fact of suchtreatment personally or by fastest means of ly, Lateral Entrant, Medico-Legal Officer, PNP Crime Laboratory, Camp Crame, Metro Manila communication to the nearest Philippine Constabulary* unit without delay. Provided, Topics Contents (Ten Parts, Two Series, Twenty Topics) SERIES I that no fee shall be charged for the transmission of such report through Ju Scope of Legal Medicine Evidence Deception Detection Number 1, Presidential Decree 169 Medico-Legal Aspects of Human Body Identification Medico-Legal Aspects of Human Death series of1973 Medico-Legal Aspects of Physical Injuries and Wound *Amended by R.A. 6975, the DILG Act 1990 Investigation andwas further amended by R.A. 8551, the 26 Sex Crimes, Impotence and Sterility Philippine National Police Reform and Medico-Legal Aspects of Pregnancy, Birth and Infanticide Medico-Legal Aspects of Insanity and Mental Deficiency Reorganization Act of 1998 Toxicology, Drug Dependence, Alcoholism Revised Penal Codes (as mentioned) SERIES II Article 262: Mutilation Scope of Medical Jurisprudence, Medical Ethics and Article 263: Serious Physical Injuries ino Bioethics Law and Medicine Medical Article 264: Administering Injurious Legislation Substancesand Beverages Medical Education and Regulation in the Philippines Article 265: Less Serious Physical Injuries Physician Contracts and Practice of Medicine Physician Torts and Damages Criminal Law Ch Evidences indicate when practicable, the name, age; Hospital and Medical Record Jurisprudence address and nearest of kin of the patient; the Principles of Medical Ethics and Bioethics nature and probable cause of the injury; the approximate time and date when, and the Legal Medicine placewhere, the injury was sustained; the time, date,and nature of treatment; and the Branch of Medicine which deals with the physical on application of medical knowledge tothe diagnosis and/or disposition of the purposes of law and in administration of Number 2, Presidential Decree justice. 169 series of 1973 specifically a branch of Medicine ms Application of basic clinical, medical and medical clinic and similar institution, as well paramedical sciences to elucidate legal as the attending physician and nurse, shall matters. report, either orally or in writing, to the Department (DSWD) the examination and/or treatment of a child who appears to Sa Legal and Ethical Bases of Legal Medicine have suffered abuse within forty-eight (48) Practice in the Philippines hours from knowledge ofthe Autopsy Section4 above and the administrator or subject to the following requirements: head of the hospital, clinic or similar institution concerned to report a possible case of child abuse shall bepunishable with a fine of not more than two thousand pesos (P2,000.00). 1| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Section 4 and 6, Implementing Rules and others) in aid of application to law and Regulations, administration of justice Special Protection of Children Against Abuse, A Board-licensed physician AND Bar- Exploitation and Discrimination Act (RA 7610) of certified lawyer as educational 1992 requisites ncluding, but not Defining Characteristics of a Medical Jurist 24 limited to, an attending physician, nurse, Sees injuries and deaths in detail in the clinician, barangay health worker, therapist or aid of the law counselor who suspects abuse or has been Observes, records, and testify under informed by the victim of violence shall: oath before a competent court of law 20 (a) properly document any of the victim's on the findings pertaining to injury, physical, emotional or psychological injuries; disease, or deaths (b) properly record any of victim's suspicions, observations and circumstances of the point of view of examination or visit; Minor Role: Therapeutic (c) automatically provide the victim free of ly, charge a medical certificate concerning the Sources of Laws in the Philippines examination or visit; Constitutional Law (d) safeguard the records and make them available to the victim upon request at actual State policies, civil rights, privileges and Ju cost; and responsibilities used as the framework (e) provide the victim immediate and adequate of the government notice of rights and remedies provided under Amendments (termed as Charter Change; Cha-Cha) can be proposed by Section 31, Anti-Violence Against Women and one of three methods: a People's Their Children Act of 2004 (RA 9262) 26 Initiative, a Constituent Assembly (Con- Ass) or a Constitutional Convention (Con-Con). upon by the judicial authorities, to assist in the Determining basis of any law created administration of justice on matters which are (by means of constitutionality) as medico-legal in determined by the Supreme Court ino Article III, Section 2, Provisions of the 1987 Constitution Code of Medical Ethics of the Medical Profession including the Bill of Rights, as example of the Philippines Written or Statutory Law (Lex Scripta) Medical Jurisprudence Passed as bills by the Bicameral Ch juris Congress (House of Representatives prudentia meaning and Senate) to be signed by the President a branch of Law Defined, stated, codified and Knowledge of the law in the study and incorporated by the Bicameral Congress practice of medicine. Bills can be vetoed by the President on Rights, duties, obligations of a medical Laws be amended or repealed by the practitioner, among others Bicameral Congress Key Differentiation Philippine Medical Act of 1959 (RA 2382 Legal Medicine as amended by Republic. Act Nos. 4224 ms and 5946), as example and enforcement Administrative Law Medical Jurisprudence Legal provisions, procedures, and enforcement Laws and memorandum created by of Medicine administrative, executive agencies and Sa departments Medical Jurists as Specialists Rules and guidelines in aid of implementation Specializes in the science of Legal Can always be subject to amendments Medicine by cabinet secretaries, state Requires to possess sufficient if not implementers and the President excellent knowledge on medical Board Resolutions of the Board of sciences (like Pathology, Medicine, Medicine, Implementing Rules and Surgery, Gynecology, Toxicology among 2| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Regulations, Memorandum, Principle of Stare Decisis Administrative and Executive Orders Practiced legal principle following (MOs, AO and EOs respectively), as precedent court rulings of identical examples merits in aid of decision-making The legal principle of determining Ordinance Power of the President points in litigation according to Executive Order No. 292, Book III, Title I, precedent. 24 Chapter 2 Mechanism for consistency of court decisions SECTION 2. Executive Orders: Acts of the President providing for rules of a Application of Legal Medicine in Law 20 general or permanent character in Civil Law implementation or execution of constitutional Statutory law that determine and or statutory powers shall be promulgated in regulates the relation of assistance, executive orders. authority, and obedience between and among members of a family which SECTION 3. Administrative Orders: exists among members of the society ly, Acts of the President which relate to particular for protection of private interests aspects of governmental operations in Codified and compiled in the Civil Code pursuance of his duties as administrative head of the Philippines (RA 386) shall be promulgated in administrative orders. Ju Legal Medicine is applied in the following civil SECTION 4. Proclamations: laws (as examples) Acts of the President fixing a date or declaring a a) Determination and termination of civil status or condition of public moment or personality (Art. 40 and 41) interest, upon the existence of which the b) Marriage and Legal Separation (Book I, operation of a specific law or regulation is made 26 Title III and IV) to depend, shall be promulgated in c) Paternity and filiation (Book I, Title VIII) proclamations which shall have the force of an executive Criminal Law Branch of law which defines crimes, SECTION 5. Memorandum Orders treats their nature and provides penal ino Acts of the President on matters of provisions for such administrative detail or of subordinate or A body of specific rules regarding temporary interest which only concern a human conduct which have been particular officer or office of the Government promulgated by political authority shall be embodied in memorandum orders. uniformly applying to all members of the classes to which rules refer. Ch SECTION 6. Memorandum Circulars Codified and compiled in the Revised Acts of the President on matters relating to Penal Code internal administration, which the President Legal Medicine is applied in the following desires to bring to the attention of all or some provision of the penal code (as examples): of the departments, agencies, bureaus or a) Circumstances affecting criminal liability offices of the Government, for information or (Title I) on compliance, shall be embodied in memorandum b) Crimes against persons (Title VIII) circulars. c) Crimes against chastity (Title XI) SECTION 7. General or Special Orders Remedial Law Acts and commands of the President in his Branch of law which defines rules ms capacity as Commander-in-Chief of the Armed concerning pleadings, legal practices Forces of the Philippines shall be issued as and procedures of courts in the general or special orders. Philippines It is a designed law intended as a Unwritten or Common Law (Lex Non Scripta) remedy to a person injured by a Sa wrongful act. Unwritten laws based on extensive Codified and compiled in the Rules of customary and cultural usage Court of the Philippines and also in Laws and practices that are formed remedial provisions of Special Laws through widespread public acceptance Legal Medicine is applied in the following Stare Decisis, respect to elders (as a provision of the Rules of Court (as examples): default), seniority-based hierarchy in a) Physical and mental examination of a the Supreme Court, as example person (Rule 28) 3| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  b) Proceedings for hospitalization of an All acts, administrative or executive insane person (Rule 101) orders contrary to the provision of the c) Rules on evidences (Part IV) constitution shall be deemed void. When the court declares a law to be Special Laws inconsistent with the constitution, the Standalone, codified laws not being law shall be void and the constitution part of the Civil Code, Penal Code nor shall prevail. 24 the Rules of Court Any existing law which is inconsistent Legal Medicine is applied in the following with a subsequent law is deemed Special Laws (as examples): repealed by the latter law. a) Code of Sanitation (PD 86) 20 b) Dangerous Drugs Act (RA 6425), as Evidence and Rules of Evidence amended Evidence is the means, sanctioned by the Rules c) Youth and Child Welfare Code (PD 603), of Court, of ascertaining in a judicial proceeding as amended the truth respecting a matter of - Section 1, Rule 128, Rules of Court Basic Legal Doctrines in the Application of ly, Legal Medicine Same rules of evidence in all cases and in all courts Ignorance of the law excuses no one from e same in all compliance therewith courts and on all trials and hearings whether Ju Article 3, Civil Code civil The main reason for the provision is to Section 2, Rule 128, Rules of Court prevent ignorance of the law as means of defense for violation of the law Admissibility of Evidence Ignorance of the law cannot be used for immunity from punishment nor liability 26 for actual loss Section 3, Rule 128, Rules of Court post facto Relevancy of Evidence Laws shall have no retroactive effect, unless the contrary is provided in issue as to induce belief in its existence or ino Article 4, Civil Code non-existence; therefore, collateral matters A law can only be applied to cases after shall not be allowed except when they tend in its promulgation and must not be given any reasonable degree to establish the retroactive application. (with specific exceptions) Section 4, Rule 130, Rules of Court *Collateral matters are those that do not Ch Self-determination in waiving correspond with matters in issue. Rights may be waived unless the waiver is contrary to the law, public order, public policy, Tenets for Admissibility and Exclusion of morals or good customs, or prejudicial to a Evidence third person with a right recognized by law 1. Evidence Article 6, Civil Code Original evidence is the best evidence on Rights granted to a person by law may be waived but in the following cases, 2. Secondary Evidence the law such waiver: Substitutions departing from the best evidence 1. When such waiver is contrary to is admissible when obtaining the best evidence existing law is impossible or not available ms 2. When waiving such right is against public order, public 3. Evidence policy, morals and good Oral (testimonial) evidence is not admissible to customs alter nor to modify nor to contradict the best 3. When waiving such right is evidence Sa prejudicial to a third person with a right recognized by law. 4. Constitution is the fundamental law seizure shall be inadmissible for any purpose in Administrative or executive acts, orders and the court regulations shall be valid only when they are 1987 Philippine Constitution, Article III, Section not contrary to the laws or the constitution. 2 Article 7, Civil Code 4| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  The Following Evidences Are Excluded Under Testimonial Evidence 1987 Philippine Constitution Orally-expressed Evidence Article III, Section 2 (Fruit of the Poisonous Tree Verbally-stated evidences given under oath Doctrine) Such evidence is labelled as Witness expressing testimonial evidence 1. Evidence obtained in violation of the right can be classified as: against unreasonable search and seizure 1. Ordinary Witness: testimonies 24 2. Evidence obtained in violation of the privacy based on perception of senses not of communication and correspondence, except pleading to sciences or skills of the upon lawful order of the court or when public witness safety or order requires otherwise 2. Expert Witness: testimonies of a 20 3. Evidence consisting of extra-judicial witness regarding a question of confessions which are uncounseled, or when science, art, or trade when he is the confessant was not properly informed of his skilled therein (Section 43, Rule constitutional rights, or when the confession 130, Rules of Court) was coerced (forced confession). Subject to limitations in presenting a 4. Evidence obtained in violation of the right Testimonial Evidence ly, against self-incrimination 1. Privileged Communication (under doctor-patient relationship) Types of Evidence Section 24 (c), Rule 130, Rules of Court Evidence According to Form 2. Hearsay information Ju Section 36, Rule 130, Rules of Court Physical Evidence EXCEPT: Dying Declaration Tangible, material object introduced as Section 37, Rule 130, Rules of Court evidence under which the crime was committed 3. Inadmissibility of Opinions Types: Section 48, Rule 130, Rules of Court 1. Corpus Delicti 26 evidence) Experimental Evidence 2. Associative Evidence (Linking evidence) A medical witness may be allowed by the 3. Tracing Evidence court to present experimental findings as a corroborated proof to an expert opinion. Intangible Evidence Prototype findings from animal models can ino Evidences that cannot be held to possession be presented as evidence unless treated with extraction and Example: LD 50 using rat (animal models) documentation procedures Documentary Evidence Autoptic Evidence An instrument of record by means of letters, figures, photographs, inscriptions, marks, maps, Ch A type of physical evidence plans and engravements for the purpose of This is an evidence made known or documentation addressed to the senses of the court Examples Pleading directly to the sense of vision, Medical Certificates and related hearing, taste, smell and touch documents Subject to limitations in presenting an (Autopsy Report, Physical Exam Report, on autoptic evidence Laboratory Reports, Birth and Death 1. Indecency and Impropriety Certificates) 2. Repulsive Objects and those Tracing, Documentary receipts and Offensive to Sensibilities forms View of an object as an exhibit (Passports, flight and ship manifest, ms Section 1, Rule 130, Rules of Court Clearances from PNP and NBI Deposition: a written record of evidence Presentation of Evidence Containing Sexual given orally and transcribed in writing in the Abuse Photographs and Recordings form of interrogator questions and (Remedial Law: OCA Circular No. 136-2021) deponent answers which are signed. Sa Policy Inclusion: Evidence containing sensitive photographs and Prima facie recordings including sexual abuse images and Latin: at first sound recordings involving women and children Sufficient to establish a fact or raise a Policy: presumption unless adequately disproved or Such evidences should only be presented rebutted through in-court proceedings and NOT through Prima facie evidence means that the videoconferencing. evidence is sufficient to establish a fact; 5| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Methods Used for Deception Detection (G.R. No. 164575, 2006) 1. Devices which record the psycho- physiological response Methods to Preserve Evidence a) Polygraph (Lie detector Photographs machine) Sketching b) Word Association Test o Rough Sketch (Reaction Response Time and 24 o Finished Sketch Congruence Consistency) Documentary Description c) Psychological Stress Evaluator Manikin Method Embalming/Fixation of cadavers, tissues, and 2. Drugs 20 samples using preservatives a) Refrigeration b) Narcoanalysis or Narcosynthesis c) Intoxication with alcohol Evidence Necessary for Conviction 3. Hypnotism 1. Direct Evidence 4. Keen Observation Evidence proving the fact in dispute 5. Scientific Interrogation ly, without the aid of any inference or 6. Confession presumption Precise and actual point evidence Devices Which Record the Psycho-Physiological proving an issue Responses Ju 2. Circumstantial Evidence Methods: Proof of fact or facts which when taken a) Polygraph (Lie detector machine) either singly or collectively can be b) Word Association Test (Reaction inferred supporting an assertion Response Time and Congruence Consistency) When is circumstantial evidence sufficient? c) Psychological Stress Evaluator (Voice 26 a) Presence of more than one Analysis) circumstance All methods are NOT DEFINITIVE for fact finding b) When circumstances from which and thus, inadmissible to court as evidences inferences derived are proven and, c) When the combination of all Basis: Recording of Autonomic Nervous System ino circumstances is such as to produce a (ANS) shifts during interrogation conviction beyond reasonable doubt. a) Sympathetic reacts to physical exertion Section 4, Rule 123, Rules of Court and/or emotional stressors b) Parasympathetic reacts to homeostatic Weight and Sufficiency of Evidences for restoration when stressors are removed Conviction Ch PREPONDERANCE OF Psycho-Physiological Responses EVIDENCE 1. Heart Rate Section 1, Rule 133, Rules of Court 2. Pulse Rate The plaintiff (complainant) having the 3. Blood Pressure burden of proof must establish the civil 4. Respiratory rate and depth case by preponderance (sheer amount 5. Psychogalvanic reflex on or number) of evidence. 6. Time of response to question (Processing lag, Latency) PROOF BEYOND 7. Difference in voice modulation REASONABLE DOUBT and others Section 2, Rule 133, Rules of Court ms The defendant is entitled to an acquittal Polygraph (Lie Detector) unless his guilt is proven beyond Misnomer: Instrument that records physiologic reasonable doubt. changes that (supposed) to occur with fear (not lies) Deception Detection Parts: Detector (probe, sensors), signal Sa Ability to evaluate the truth or falsity of amplifier, computer readout a statement (a testimony) given by the All questions are answerable by yes or no suspect or witness. (close-ended), unless necessary to be open- Methods to ascertain facts from ended falsehoods in a testimony Measured Parameters: The task of detecting deception initially Body movements lies on the investigator and then the Diaphragmatic breathing court, thereafter. Chest breathing 6| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Perspiration (in relation to 1. Peak-of-tension tests Psychogalvanic reflex) (Blindsight questioning) Pulse Rate 2. Guilt complex test for Blood Pressure inconsistencies 3. Silent answer test Standardized Polygraph Interrogation Phases Phase 1: Pre-test interview Inadmissibility of the Polygraph 24 Phase 2: Actual interrogation and recording phase evidence in the Phase 3: Post-test interrogation Reasons: Supplementary 1. Interrogator-dependent findings, non- 20 standardized Standardized Polygraph Phase 1 2. Polygraph is capable of high degree of Pre-test interview phase (20-30 minutes) accuracy only when conducted under Informal in nature controlled conditions by an examiner Baseline determination who is highly qualified due to his Determining pre-existing ability, experience, education and ly, medical/psychiatric conditions integrity and use of prohibited or 3. Examinee may waive the right against prescribed drugs self-incrimination To know any anti-social activity, Violates the right of the patient Ju criminal record or previous not to be a witness against polygraph tests of the subject himself Acclimatization of the subject and the 4. Results may be easily influenced by interrogator physical problems of the subject Explain to the subject the Blood pressure purpose of the examination. Heart diseases 26 To develop relevant test Respiratory diseases questions Ability of conscious control to different instances Standardized Polygraph Phase 2 Formal in nature with all detectors Word Association Test ino attached to the subject Reaction Response Time and Congruence Standardized questions Consistency a) Irrelevant questions List of stimulus and non-stimulus questions are read to the subject who is instructed to gender, educational answer as quickly as possible. background, marital status, Close-ended, answerable by yes or no Ch citizenship, occupation) to The subject cannot be compelled to be determine test baseline subjected to the test without his consent. b) Relevant questions: specific Psychological Stress Evaluator investigation Voice Analysis c) Control questions: In a normal speech, there are audible voice on intermediate between relevant frequencies and inaudible frequency and irrelevant questions; not modulations formed from the minute case related but close to oscillations of the muscles of the voice relevant questions mechanism. Cricothyroid ms Standardized Polygraph Phase 3 Posterior cricoarytenoid Post-test interrogation phase Lateral cricoarytenoid Formal in nature, can be open-ended Transverse arytenoid Purpose: Oblique arytenoid a) To clarify the findings Thyroarytenoid Sa b) To corroborate reasons of Under stress, the microtremor of the voice is answer to question moderately or completely suppressed. (absence c) To obtain more information of the microtremor frequency is the positive sign) Supplementary Tests When the subject is relaxed, the microtremor Other tests and question sets that can frequency are registered clearly. (recorded be done to draw a better conclusion presence of the microtremor frequency is a Types: negative sign) 7| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Drugs that Inhibit the Inhibitor interrogators however, the reliability of confessions are questionable. Given hypodermally in repeated doses to elicit Not admissible in court since the testimony is the side effect involuntary and violates the right against self- MOA: Tertiary amine antimuscarinic agent; incrimination (Sec. 5, Rule 115, Rules of Court) Parasympatholytic-Anticholinergic (blocking acetylcholine and cholinergic derivatives) Hypnosis (Hypnotic Suggestion) 24 Cerebral cortex and diencephalon are Alteration of consciousness and concentration selectively depressed in which the subject manifests heightened Impaired attention, perception, awareness, suggestibility while awareness is maintained (or thought processing, language, and altered). 20 consciousness. it is Adverse Effects: Constipation, urinary retention, - hallucinations, agitations, confusion, Not all persons are susceptible to hypnotic restlessness, psychosis, seizures induction. When the proper (over)dose is reached, Strong-willed subjects like professionals ly, the questioning begins and the subject who have undergone Socratic theoretical feels a compulsion to answer the education (lawyers, physicians, accountants, questions truthfully. psychologists, scientists) are usually less Not admissible in court since the testimony is susceptible and non-hypnotizable. Ju involuntary and violates the right against self- Not admissible in court since the testimony is incrimination (Sec. 5, Rule 115, Rules of Court) involuntary and violates the right against self- incrimination (Sec. 5, Rule 115, Rules of Court) Narcoanalysis or Narcosynthesis (Sodium amytal or Sodium penthotal (Sodium Other Reasons Why Testimonies Obtained thiopental) Through Hypnosis is Not Admissible in Court 26 Given intravenously in repeated doses to elicit 1. Lack of general scientific acceptance the side effect and standardization MOA: GABAa receptor blocker (competitive 2. Bias in the trier of facts to give uncritical inhibition) whilst absolute reliability to hypnosis Decrease both higher cortical brain function without consideration of flaws to ino and inhibition ascertain veracity 3. Hypnotized subjects may deliberately Adverse Effects: Sluggishness, incoordination, fabricate testimonies difficulty in thinking, slowness and staggering of 4. Heightened suggestibility in hypnosis speech, faulty judgement, drowsiness, shallow produces distortion of facts rather than breathing to testify for the truth Ch The drug tends to make subjects 5. verbose and cooperative with professionalism of the examiner are too interrogators however, the reliability of subjective to permit admissibility of the confessions are questionable. Not admissible in court since the testimony is Am. J. of Trial Advocacy, 1981 p. 603 involuntary and violates the right against self- 6. on incrimination (Sec. 5, Rule 115, Rules of Court) is not admissible as evidence because such is Alcohol Intoxication ( ) involuntary and mentally Ethanol Leyra v. Demro, 347 US 6, 74 S. Ct. 716, Given orally in repeated doses to elicit the side 98, 948 (1954) ms effect MOA: GABAa receptor blocker (non-competitive Observation inhibition), inhibition of glutamate in NMDA Remember that these are subjective and MAY receptors NOT be conclusive of deception Initial CNS stimulation followed by CNS 1. Sweating Sa depression, Decrease both higher cortical brain 2. Color change (flushing) function and inhibition 3. Dryness of the mouth Adverse Effects: Sluggishness, 4. Fidgeting incoordination, difficulty in thinking, 5. Peculiar feeling Butterflies in the slowness and staggering of speech, stomach and similar observations faulty judgement, drowsiness, shallow 6. Swearing to the truthfulness of breathing testimony The drug tends to make subjects verbose and cooperative with 8| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  7. Red herring statements--- Spotless past record Religious man Never been (Miranda v. Arizona, 384 US 436, 1966) in this situation If a person is to be interrogated, he must be 8. Inability to look at the investigator first warned and advised that: straight on the eye 1. has the right to remain silent; 9. not knowing 2. Anything that you say can be used anything against you in court of law; 24 3. You has a right to consult with an Scientific Interrogation attorney and to have the attorney Definition of Terminologies present during questioning; and 4. If you cannot afford an attorney, you 1. Suspect (Akusado) 20 will be appointed for one prior to any A person who is being ACCUSED of a questioning if you desire wrongdoing which may or may not constitute a Affirmation of such waiver constitutes an crime. answer to the next questions: 2. Witness (Testigo) a) Do you understand each of these rights A person other than a suspect who is invited for I have explained to you? ly, questioning and requested to give information b) Having these rights in mind, do you concerning an incident. wish to talk to us now? 3. Respondent or Defendant (Sinampahan ng kaso) Confession (Kumpisal, Pag-amin) Ju Party in a lawsuit that responds against the case 4. Plaintiff or Claimant (Nagsampa ng Kinds of Confession kaso) Extra-Judicial Confession Party that brings a lawsuit to court Confession made outside of the court prior to 5. Convict the trial of the case Declared to be guilty of a criminal offense by -judicial confession IS NOT a sufficient 26 the verdict of a judge in a court of law. ground for conviction unless corroborated by 6. Ex-convict Sec. 3, Rule 133, Declared freeman after serving the penal Rules of Court) provision by a verdict of a judge in a court of Types of Extra-Judicial Confession law. 1. Voluntary: Willful extra-judicial 7. Acquitted ino confession; without use of force threat Declared to be not guilty of a criminal offense nor intimidation as proven by a verdict of a judge in a court of 2. Involuntary: Extra-judicial confession law after exhaustive fact-finding. obtained with use of force, threat and/or intimidation Legal Provisions on the Admissibility of Ch Evidence Obtained Through Interrogation (Section 12, Article III, 1987 Philippine intimidation, duress and, violence is null and Constitution) void and cannot be used against him at the 1. investigation for the commission of an offense shall have the (US v. Lozada, 4 Phil. 266; US v. Felipe, 5 Phil, right to be informed of his right to 333) remain silent and to have competent on and independent counsel preferably of Judicial Confession (Plea bargain) his own choice. Confession made within the court trial If the person cannot afford the services Conclusive upon the court and may be of counsel, he must be provided with considered to be a mitigating ms one. These rights cannot be waived circumstance to a criminal liability except in writing and in the presence of Reduces the punishment by 1 degree A plea of guilty when formally entered into an 2. arraignment is sufficient to sustain a conviction intimidation, or any other means which of any offense, including capital offense, vitiate the free will shall be used against Sa without further proof. him. Secret detention places, solitary, *Arraignment is court proceeding at which a incommunicado, or other similar forms criminal defendant is formally advised of the of detention are charges against him and asked to enter a plea 3. to the charges. witness against (Section 17) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 9| Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Medico-Legal Aspects of Human Body Skin color Identification Facial features Facies Human Body Identification Left or right-handedness Goal: To determine the individuality of a Built, nutritional status person Physical deformities Importance: 24 1. To confirm or deny identity Other Important Variables 2. Establish a corroboration between a Occupational marks: Identifying characteristic suspicious disappearance of a person of an occupation from a unidentified cadaver Race: 20 3. To confirm the identity of a a) Skin color unrecognizable cadaver after a fire, b) Facial features beheading or accident c) Head and skull 4. To determine (and exclude) paternity, d) Wearing/apparel lineage and heir Tattoo markings and pigmentation; includes birthmarks ly, General Methods of Human Body Weight approximation Identification Deformities By comparison Injuries with permanent outcomes Preset identification criteria during Moles Ju investigation are compared to a known control (records) available in the file Other Important Variables Post-mortem findings are compared Scars versus ante-mortem records Tribal marks, branding, piercings Sexual organ: Either male or female By exclusion 26 Deduction: If two or more persons are Anthropometrics (Bertillon System) identified and are known to be with Alphonse Bertillon: Devised the scheme of someone not yet identified, the one anthropometrical measurement of the human whose identity has not been body as a basis of identification. established may be known by the Premise of its use: ino process of elimination and or 1. The human skeleton is unchangeable comparison. after 20-years of age 2. It is impossible to find two human Ordinary beings having bones that are exactly No special training is required alike No special skills, materials or 3. Necessary measurements can easily be Ch instruments were used taken with the aid of a simple Pleading to senses (usually to sight) instrument Scientific Necessary information included in the Bertillon Special techniques and skills are utilized System by an observer a) Descriptive data: Color of the hair, eyes, on Critical analyses and laboratory complexion, shape of nose, ears, etc. methods are required b) Body marks: Moles, scars, tattoo, Primarily rely on comparison or deformities exclusion c) Anthropometrical measurements: 1) Body measurements: Height, ms Ordinary Method of Human Body width of outstretched arms, Identification sitting height Transient, Can be easily changed variables 2) Head measurements: Length Growth of hair, beard, moustache and breadth of head, Clothing, apparel bizygomatical diameter, length Sa Frequent place to visit (habitus) of the right ear Personal belongings 3) Measurement of the limbs: Grade and marks of profession Length of the left foot, length of Body ornamentation the left middle and left little Memories fingers, length of the left arm Speech and hand from the elbow to the Gait tip of the outstretched middle Mannerisms finger Eye color 10 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Portrait Parle (Spoken Picture) 2. Never interchangeable: Fingerprints are Professional artist rendering of a verbal, formed since fourth month AOG accurate and picturesque description of 3. Fingers may be wounded or burned but the person being identified fingerprints reappear after wound Requirements: heals. 1. General impression: type, personality, 4. Not much training is required to take, apparent social status classify and compare fingerprints 24 2. Age and gender 5. Cheap procedure, no expensive 3. Race or color equipment is required 4. Height 6. Fingerprint filing for comparative 5. Weight purposes are available 20 6. Built- Thin, slender, medium or stout 7. Errors can be checked 7. Posture- Erect, slouching, round shoulder Definition of Terminologies in Fingerprinting Dactylography Requirements of Portrait , continued, Art and study of recording fingerprints as means 8. Head shape and size of identification ly, 9. Hair- color, length, baldness pattern Dactyloscopy 10. Facial impression: reconstruction of Art and study of identification by comparison even the smallest details of the face and utilization of fingerprints 11. Neck: shape, thickness, length, Poroscopy Ju protrusions Study of the pores found in papillary or friction 12. Shoulder: width and shape ridges of the skin for purposes of identification 13. Wrist: size and shape 14. Hands: Length, size, hair distribution Methods of Fingerprint Imprinting pattern Plain Print 15. Fingers: Length, thickness, stains, shape Pressing of each fingers on its ventral surface on 26 of the nails, condition of the nails using an ink pad or plate then is transferred and 16. Arms: Length, built (lean muscular, pressed on a developing paper flabby), thickness of the wrist Rolled 17. Feet: Dimensions, size and deformities Medial to lateral rolling of each fingers on its ventral surface using an ink pad or plate then is ino Extrinsic Factors for Identification transferred on a developing paper 1. Ornamentations: Rings, bracelets, Digital necklace, hairpins, earrings, corsage Digital scanning of each fingers on its ventral 2. Personal belongings: Letters, wallets, surface using a fingerprint capture device plate license and professional licenses, residential certificate, personal Fingerprint Impressions (Imprint/Print) Ch club cards Papillary ridges and valleys from the ventral 3. Wearing apparel: Tailor marks, laundry surface of the fingers that are transferred to marks, printed name of the owner, paper or any surface. embroidery markings, size, style, Kinds of Fingerprint Impressions footwear, socks 1. Real impressions 4. Foreign bodies: Dust in clothing, Impression created by purposeful means of on cerumen in the ears, nail scrapings pressing, rolling or scanning of each fingers 5. Vouched identification by relatives and 2. Chance impressions acquaintances Impressions by mere chance without any 6. Identification records on file at the PNP, intention to produce it NBI, hospitals, licensing institutions and a) Visible: Chance impressions ms others that are observable without 7. Identification photographs developing b) Plastic: Chance impressions on Scientific Method of Human Body a pliable, moldable material Identification c) Latent: Chance impressions Sa that are not observable and Fingerprinting requires developing Single most valuable method of scientific human body identification 1. The probability of two fingerprints to be identical is very slim at 1:64 billion For context, total world population currently stands at 7.67 billion 11 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Fingerprint Anatomy Causes for Unreliability of Forensic Odontologic Records Dictum: available can be insufficient or Factors for insufficiency and unreliability 1. 24 subsequently, the records) in aid of diagnosis and treatment instead of recording accuracy of the entirety 2. There is no agency mentioned in the 20 law to be a records repository of odontologic records. 3. Accuracy of the record based on the Ridges: Dark lines in an imprint formed from proximity from the time of death and the ventral finger papillae investigation Valley: Space between two ridges ly, Terminations: End of a ridge Basis of Forensic Odontology Bifurcation: Branching out of a ridge into two 1. Teeth position Core: Approximate center of the fingerprint 2. Teeth surface and positioning impression 3. Restorations Ju Island: A short ridge that stands alone 4. Prosthesis Delta: Triangular, three-point, funnel-shaped 5. Endodentia (Root canal treatments) ridge which diverge to flow around a whorl or a loop Forensic Odontology Charts Primary Baby Teeth Eruption 26 ino Dental Identification Ch Odontologic Analysis/Forensic Odontology Factors of importance Permanent Teeth Eruption 1. The possibility of two persons having the same dentition (odontologic profile) is remote 2. The enamel of the teeth is hard and enough to resist putrefaction on 3. Reliability of antemortem records depend largely on the proximity to the time of death ms Legal Basis of Forensic Odontology in the Philippines (Section 1, PD 1575 s. 1978) identification of persons is a necessary factor in solving crimes and in settling certain disputes such as claims for damages, insurance, Other Basis in Forensic Odontology Sa and inheritance. 1. Personal, occupational and cultural traits practitioners of dentistry to keep and maintain 2. Age an accurate and complete record of the a) 9 y/o: 12 permanent teeth (8 dentition of all their patients which shall include incisors, 4 molars) a history and description of the patient's b) 11 y/o: 20 permanent teeth (8 dentition and the treatments made incisors, 8 premolars, 4 molars) c) 13 y/o: 28 permanent teeth, no deciduous teeth 12 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  d) 8-10 y/o: Calcification starting Cranium Differences at the 3rd molar e) 25 y/o: Root ends of the 3rd molar beginning to calcify f) Beyond 25 y/o: Root ends and of the 3rd molar have been completely calcified 24 g) After 30 y/o: Dental carries, gingival recession 3. Sex: Examination of Barr bodies 20 Handwriting Legal Basis: Sec. 23, Rule 132, Rules of Court Racial Differences How can handwriting be proved? 1. The witness testifying for the handwriting have previously seen the person write ly, 2. The witness has knowledge on the handwriting of the person 3. Corroborating proof is present proving the knowledge of the witness on a Ju handwriting Definitions Bibliotics Determination of the Duration from Death to Science of handwriting analysis Interment (Libing) Graphology Period from the time of death up to the Study of handwriting for the purpose of 26 time of examination may be determined by the nature and presence and aptitude of soft tissues and degree of erosion of the bones Identification of Skeletal Remains General circumstance: All soft tissues in Bones used to measure height grave usually disappear within a year ino 1. Femur Bases of Duration from Death to Interment 2. Humerus 1. Presence or absence of soft tissues 3. Tibia adhering to bones 4. Radius 2. Firmness, brittleness, weight, dryness of Bones used to determine sex the bones 1. Pelvis Ch 3. The degree of erosion of the surface of 2. Skull the bones 3. Sternum 4. Changes in the clothing and coffin 4. Femur (container) appearance 5. Humerus Determination of Sex Pelvic Differences Importance on 1. In aid of identification as inclusion or exclusion criteria 2. In determination whether an individual can exercise obligations vested under ms one sex a) In Article 176 of the Family Code, a child is considered illegitimate if the child is born out of wedlock, and in such cases, the parental Sa authority and custody of the child fall on the mother (which is a female). b) In Article 213 of the Family Code, the so- -age child under seven (7) years of age shall be separated from the mother (which is a female) 13 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  unless the court finds Legal Determination of Age compelling reasons to order Ossification Centers of the Cubital Joint otherwise. c) RA 9710 (The Magna Carta of Women) specifically provides for women. 3. There are certain crimes wherein a 24 specific sex can only be an offender or a victim (the sexist nature of the law) a) In Article 202, No. 5 of the Revised Penal Code it states 20 women who, for money or Legal Determination of Age profit, habitually indulge in Importance sexual intercourse or lascivious 1. To aid in identification conduct are deemed to be 2. Determination of criminal liability ly, Exception: A person under 9 years of age; a b) In defining adultery (Title person over 9 years but under 15 unless he has Eleven, Chapter 1, Article 333 of acted with discernment, in such case, the minor the Revised Penal Code) it shall be proceeded against states: 3. Determination of right to suffrage (18 Ju years old) married 4. Determination of the capacity to c) In defining concubinage (Title contract marriage (at least 21 years old Eleven, Chapter 1, Article 334 of without parental consent) the Revised Penal Code) it 5. As a requisite to certain civil rights states: 26 husband Blood and Blood Stain Analysis d) In seduction (Art. 337 and 338 Importance RPC), abduction (Art 342 and 1. Disputed parentage 343) and, abuse against chastity 2. Circumstantial and corroborative (Art. 245), a woman is a victim evidence against or in favor of the ino Tests to Determine Sex perpetrator of the crime 3. Determination of the cause of death 4. Determination of the direction of escape of the victim or assailant (tracking evidence) 5. Determination of the place of Ch commission on the crime (as corpus delicti evidence) 6. Determination of the presence of certain diseases Levels of Evidence for Sexual Determination Gross Macroscopic Examination of Blood Stain on Summary of Procedure 1. Determination of the material, composition, color of the article stained 2. Color of blood stain estimates the time of blood splatter (recent being dark-red ms in color) 3. The direction of the origin of the blood stain Tail pointing at the direction OPPOSITE Legal Determination of Age the source in relation to the angle and Sa May be determined by: velocity of the blood splatter Appearance of the ossification centers Fall at 90 degrees gives a splash Union of bones and epiphyses (and its appearance in relation to height of closure) blood drop and the nature of the Dental Identification surface where the blood drops Obliteration of cranial sutures 4. Determine the degree of soaking, size and intensity of color 14 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Physical Examination of Blood Stain Blood Typing Solubility Test All human being belong to a specific Recent blood droplet is soluble in saline blood type under several blood group and imparts a bright red color (75 degrees Celsius will coagulate the muscle in 18 | Legal Medicine, Medical Jurisprudence, Medical Ethics and Bioethics Cruz, RMT, MD  Tardieu Spots Summary of Time-Based Post-Mortem Dark pinpoint spots that are seen when Hallmarks capillaries rupture due to increased pressure 1. Rigor mortis: Starts 2-3 hours post- (like in the legs or in the face of a hanged mortem, fully at 12 hours, resolves in person or strangulation). 24-48 hours 2. Livor mortis: Starts 3-6 hours post- Color of Lividity and Probable Cause of Death mortem 24 3. Decomposition: 24-48 hours post- mortem 4. Entomology (insect): presence of maggots means >24 hours post-mortem 20 5. Digestion of last meal: 3-4 hours normally to convert to feces a meal 6. Post-mortem clotting: 6-8 hours post- mortem; decoagulation at early stage of decomposition