Lesson 1 Legal Medicine

Criminalistics 6 Nor-Alissa M.
Diso, RCRIM
LESSON 1 INTRODUCTION TO LEGAL MEDICINE
Learning Objectives:
1. Define Legal Medicine

2. Understanding the nature of the study of legal medicine
3. Distinguish ordinary physician and medical jurist
4. Discuss the Characteristics of Law
INTRODUCTION
GENERAL CONSIDERATION
Legal Medicine
- branch of which deals with application of medical

knowledge to the purposes of law and in the administration
of justice. It is the application of basic and clinical,
medical and paramedical sciences to elucidate legal matters.
Concept and practice of Legal Medicine in the Philippines

is of Spanish origin.
Legal Medicine Forensic Medicine
Application of medicine to Application of medical
legal cases science to elucidate legal
problems
Medical Jurisprudence
- knowledge of law in relation to the practice of

medicine. It concerns with the study of the rights, duties
and obligations of medical practitioner with particular
reference to those arising from doctor-patient relationship.
NATURE OF THE STUDY OF LEGAL MEDICINE
Knowledge of legal medicine means the ability to acquire

facts, the power to arrange those facts in their logical
order, and to draw a conclusion from the facts which may be
useful in the administration of justice.
Medical Jurist (medical examiner, medico-legal officer,

medico-legal expert)
– a physician who specializes or is involved primarily

with medico- legal duties. They are mostly in the service of
the government.
It is the duty of every physician, when called upon by the

judicial authorities, to assist in the administration of
justice on matters which are medico-legal in character.‖

To be involved in medico-legal duties, a physician must
possess sufficient knowledge of:
O Pathology
Legal Medicine (S.Y. 2020-2021) 10

Criminalistics 6 Nor-Alissa M. Diso, RCRIM
O Surgery
O Gynecology
O Toxicology
O Other branches of Medicine germane to the issues
involved.
Ordinary Physician Medical Jurist

Sees an injury or disease Sees injury or disease on
on the point of view of the point of view of cause
treatment
Purpose in examining a Purpose in examining a patient
patient is to arrive at a is to include those bodily
definite diagnosis so that lesions in his report and
appropriate treatment can be testify before the court
instituted or before an investigative
body
Minor or trivial injuries are Records all bodily injuries
usually ignored inasmuch as even if they are small or
they do not require usual minor because these injuries
treatment. may be proofs to
qualify the crime or to
justify the act.
Example:
Presence of PHYSICAL INJURIES of a victim of sexual abuse =

presumes that force was applied; hence, crime committed must
be RAPE.
Presence of PHYSICAL INJURIES on the offender of the crime

of physical injuries= proof that the victim acted in SELF-
DEFENSE.
OTHER DEFINITIONS
1.LAW
- rule of conduct, just, obligatory, laid by legitimate
power for common observance and benefit.
Characteristics of Law:
It is a rule of conduct;
It is dictated by legitimate power; and
Compulsory and obligatory to all.
Forms of Law:
1. Written or Statutory Law (Lex Scripta) – composed of laws

which are produced by the country’s legislations and which
are defined, codified and incorporated by the law-making
body. Ex. Philippine Laws.
2. Unwritten or Common Law (Lex non Scripta) – composed of
unwritten laws based on immemorial customs and usages.
Sometimes referred to as case law, common law, jurisprudence
or customary law. Ex. Laws of England.
2. FORENSIC
- denotes anything belonging to the court of law

or used in court or legal proceedings or something
fitted for legal or public argumentations.
3. MEDICINE
- a science and art dealing with preventation, cure and
alleviation of disease. It is that part of science and art
of restoring and preserving health. It is the science and
art of diagnosing, treating, curing and preventing disease,
relieving pain, and improving the health of a person.
4. LEGAL
- that pertains to law, arising out of, by virtue of or
included in law. Refers to anything conformable to the
letters or rules of law as it is administered by the court.
5. JURISPRUDENCE
- science of giving a wise interpretation of the law and
making just application of them to all cases as they arise.
PRINCIPLE OF STARE DECISES
A principle that, when the court has once laid down a

principle of law or interpretation as applied to a certain
state of facts, it will adhere to and apply to all future
cases where the facts are substantially the same.
BRANCHES OF LAW WHERE LEGAL MEDICINE MAY BE APPLIED
In CIVIL LAW, knowledge of legal medicine may be useful on

the following:
1. Determination and termination of civil personality
(Art.40-41);
2. Limitation or restriction of a natural person’s
capacity to act (Art. 23 and 29);
3. Marriage and legal separation
4. Paternity and filiation
5. Testamentary capacity of a person making a will.
In CRIMINAL LAW, legal medicine is applicable in the

following provisions of the Penal Code:
1. Circumstances affecting criminal liability;

2. Crimes against person;
3. Crimes against chastity.
In REMEDIAL LAW, legal medicine is applied in the following

provisions of the Rules of Court:
1. Physical and mental examination of a person (Rule 28);

2.Proceedings for hospitalization of an insane person (Rule
101); and
3.Rules on evidences (Part IV). In SPECIAL LAWS:
1.Dangerous Drug Act (RA 6425, as amended)
2.Youth and Child Welfare Code (PD 603)
3.Insurance Law (Act No. 2427 as amended)
4.Code of Sanitation (PD 856)
5.Labor Code (PD 442)
6.Employee’s Compensation Law

MEDICAL EVIDENCE
Evidence- the means, sanctioned by the Rules of Court, of

ascertaining in a judicial proceeding the truth respecting a
matter of fact.
If the means employed to prove a fact is medical in nature

then it becomes a medical evidence.
TYPES OF MEDICAL EVIDENCE

1.Autoptic or Real Evidence – evidence made known or
addressed to the senses of the court. It is not limited to
that which is known through the sense of vision but is
extended to what the sense of hearing, taste, smell and
touch is perceived. (Sec.1, Rule 130)
Limitations to the Presentation of Autoptic Evidence:

a)Indecency and Impropriety – presentation of evidence may
be necessary to serve the best interest of justice but the
notion of decency and delicacy may cause inhibition of its
presentation.
Ex: Court may not allow exposure of the genitalia of an

alleged victim of sexual offense to show the presence and
degree of the genitalia and extra-genitalia injuries
suffered.
b)Repulsive Objects and those Offensive to Sensibilities –

foul smelling objects, persons suffering from highly
infectious and communicable disease, or objects which when
touch may mean potential danger to the life and health of
the judge may not be presented.
However, if such evidence is necessary in the adjudication

of the case, the question of indecency and impropriety or
the fact that such evidence is repulsive or offensive to
sensibilities, it may be presented. This will depend on the
sound discretion of the court.
2.Testimonial Evidence – a physician may be commanded to

appear before a court to give his testimony. His testimony
must be given orally and under oath or affirmation.
A physician may be presented in court as an ordinary witness

and/or as an expert witness
ORDINARY WITNESS EXPERT WITNESS

A physician who testifies in A physician on account of his
court on matters perceived training and experience can
from his patient in the course give his opinion on a set of
of physician-patient medical facts. He can deduce
relationship. or infer something, determine
the cause of death, or render
(Sec. 20, Rule 130, Rules of opinion pertinent to the
Court) issue and medical nature.

Exception: Privilege of (Sec. 48-49, Rule

Communication between 130)
physician and patient.
(Sec. 24 c, Rule 130)

The probative value of the
expert medical testimony
depends upon the degree of
learning and experience on
the line of what the medical
expert is testifying, the
basis and logic of his
conclusion, and other
evidences tending to show the
veracity or
falsity of his testimony.
3. Experimental Evidence – A medical witness may be allowed

by the court to confirm his allegation or as a corroborated
proof to an opinion he previously stated
4.Documentary Evidence- Medical Documentary Evidence may be:

a.Medical Certification or Report on:
i.Medical examination
ii.Physical examination
iii.Necropsy/ autopsy
iv.Laboratory
v.Exhumation
vi.Birth
vii.Death
b.Medical Expert Opinion
c.Deposition
5.Physical Evidence – these are articles and materials which

are found in connection with the investigation and which aid
in establishing the identity of the perpetrator or the
circumstances under which the crime was committed, or in
general assist in the prosecution of a criminal.
Criminalistics - is the identification, collection,

preservation and mode of presentation of physical evidence.
It is the application of sciences such as physics,
chemistry, medicine and other biological sciences in crime
detection and investigation.
Type of Physical Evidences:

a.Corpus Delicti Evidence – objects or substances which may
be a part of the body of the crime.
b.Associative Evidence- these are physical evidence which
link a suspect to the crime.
c.Tracing Evidence- these are physical evidence which may
assist the investigator in locating the suspect.
PRESERVATION OF EVIDENCE
The physical evidence recovered during medico-legal

investigation must be preserved to maintain their value when

presented as exhibits in court.
Methods of Preserving Evidence
1.Photographs, audio andlor video tape, micro- film,

Photostat, Xerox, voice tracing, etc.
2.Sketching- rough drawing of the scene or object to be
preserve is done. It must be simple, identifying significant
items and with exact measurement.
Kinds of Sketch:
Rough Sketch- made at the crime scene or during

examination of living or dead body.
Finished Sketch- sketch prepared from the rough sketch

for court presentation.
Essential Elements to be Included in a Sketch:
a.Measurement must be accurate;

b.Compass direction must always be indicated to
facilitate proper orientation in the case of crime
scene;
c.Essential item which has a bearing in the
investigation must be included;
d.Scale and proportion must be stated by mere
estimation;
e.There must be a title and legend to tell what it is
and the meaning of certain marks indicated therein.
3.Description- putting into words the person or thing to be

preserved. It must cause a vivid impression on the mind of
the reader, a true picture of the thing described.
Minimum Standard Requirements which must be satisfied in the

description of the person or thing to make it complete:
a.Skin Lesion
b.Penetrating wound
c.Hymenal Laceration
d.Person
4.Manikin Method- miniature model of a scene or of a human

body indicating marks of a various aspects of the things to
be preserved.
5.Preservation in the Mind of the Witness

Drawbacks of preserving evidence in the mind of the witness:
The capacity of a person to remember time, place and

event may be destroyed or modified by the length of time,
age of the witness, confusion with other evidence, trauma or
disease, thereby making the recollection not reliableThe
preservation is co-terminus with the life of the witness.


Human mind can easily be subjected to too many extraneous
factors that may cause distortion of the truth.
6.Special Methods- Special way of treating certain type of

evidence may be necessary. Preservation may be essential
from the time it is recovered to make the condition
unchanged up to
7.the period it reaches the criminal laboratory for
appropriate examination.
Special Ways of Preservation:
a.Whole human body- embalming.

b.Soft tissues (skin, muscles, visceral organs) – 10%
formalin solution.
c.Blood- refrigeration, sealed bottle container, addition
of chemical preservatives.
d.Stains (blood, semen) – drying, placing in sealed
container.
e.Poison- sealed container.

ASSESSMENT NO. 1 SELF-EVALUATION
1. What is Legal Medicine?
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2. What is the Doctrine of Stare Decisis?
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LESSON 2 DECEPTION DETECTION
1. Discuss the phases of Examination

2. Discuss the different kinds of criminal
3. Define confession
4. Discuss the techniques of interrogation
5. Understanding of two kinds of confession
Methods of deception detection used by law enforcement

agencies:
1.Devices which record the psycho-physiological response
a.Polygraph or lie detector machine – records

physiological changes that occur in association with lying
in a polygraph.
Phases of Examination
i.Pre-test interview
ii.Actual interrogation and recording through the
instrument
Standard test questions:

1.Irrelevant questions – no bearing to the case under
investigation (ex: age, citizenship, occupation, etc).
2.Relevant questions – pertaining to the issue under
investigation (ex: Did you shoot to death Mr. X?).
3.Control questions – unrelated to the matter under
investigation but are of similar nature although less
serious as compared to those relevant questions (ex: Have
you ever used a gun?).
iii.Post-test interrogation
Supplementary tests:
i.Peak-of-tension test – may be given if subject is not
yet informed of the details of the offense for which he is
being interrogated by the investigator.
ii.Guilt complex test – applied when the response to
relevant and control questions are similar in degree and
consistency in a way that the examiner cannot determine
whether the subject is telling the truth or not.
iii.Silent answer test – conducted in the same manner as
when relevant, irrelevant and control questions are asked,
but the subject is instructed to answer the questions
silently, to himself, without making any verbal response.
Factors responsible for the 25% errors of the lie

detector:
1.Nervousness or extreme emotional tension experienced by
a subject who is telling the truth regarding the offense in
question
2.Physiological abnormalities
3.Mental abnormalities
4.Unresponsiveness in a living or guilty subject

5.Attempt to ―beat the machine‖ by controlled
breathing or by muscular flexing
6.Unobserved application of muscular pressure which
produces ambiguities and misleading indications in the blood
pressure tracing
b.Word association test – A list of stimulus and non-

stimulus words are read to the subject who is instructed to
answer as quickly as possible. The time interval between the
words uttered by the examiner and the answer of the subject
is recorded. The test is not concerned with the answer, be
it a ―yes‖ or ―no‖. The important factor is the time of
response in relation to the stimulus or non-stimulus words.
c.Psychological stress evaluator (PSE) – detects,

measures, and graphically displays the voice modulations
that we cannot hear. When a person speaks, there are audible
voice frequencies, and superimposed on these are the
inaudible frequency modulations which are products of minute
oscillation of the muscles of the voice mechanism. Such
oscillations of the muscles or microtremor occur at the rate
of 8 to 14 cycles per second and controlled by the central
nervous system.
2. Use of drugs that try to ―inhibit the inhibitor
a.Truth serum – In the test, hyoscine hydrobromide is given

hypodermically in repeated doses until a state of delirium
is induced. When the proper point is reached, the
questioning begins and the subject feels a compulsion to
answer the questions truthfully.
b.Narcoanalysis or narcosynthesis – practically the same as

that of administration of truth serum. The only difference
is the drug used. Psychiatric sodium amytal or sodium
penthotal is administered to the subject.
c.Intoxication – the apparent stimulation effect of alcohol

is really the result of the control mechanism of the brain,
so alcohol, like truth serum, and narcoanalytic drugs
―inhibit the inhibitor‖. (ln vino veritas – in wine
there is truth)
3.Hypnotism – the alteration of consciousness and

concentration in which the subject manifests a heightened of
suggestibility while awareness is maintained.
4.By observation
Physiological and psychological signs and symptoms of guilt:

a. Sweating – if accompanied with a flushed face indicate
anger, embarrassment or extreme nervousness. If with a
pallid face, may a.indicate shock or fear. Sweating hands
indicate tension.
b.Color change – flushed face may indicate anger,
embarrassment or shame. Pale face is sign of guilt.
c.Dryness of the mouth – nervous tension causes dryness of

the mouth which causes continuous swallowing and licking of
the lips.
d.Excessive activity of the Adam’s apple – on account of
dryness of the throat, subject will swallow saliva which
causes frequent upward and downward movement of the Adam’s
apple.
e.Fidgeting – constantly moving about in the chair, pulling

his ears, rubbing his face, picking and tweaking the nose,
etc. Indicative of nervous tension.
f.Peculiar feeling inside – there is a sensation of

lightness of the head and the subject is confused. Result of
troubled conscience.
g.Swearing to the truthfulness of his assertion
h.Spotless past record – subject may assert that it is not

possible for him to do ― anything like that inasmuch
as he is a religious man and that he has a spotless record.
i. Inability to look at the investigator - “straight in the

eye” – because of fear that his guilt may be seen in his
eyes.
j.“Not that I remember” expression – resort to this

expression to avoid committing something prejudicial to him.
5.Scientific interrogation – the questioning of a person

suspected of having committed an offense or of persons who
are reluctant to make a full disclosure of information in
his possession which is pertinent to the investigation.
Suspect – person whose guilt is considered on reasonable

ground
Witness – person other than the suspect who is requested

to give information
Different types of criminal offenders
a.Based on behavioral attitude:

i.Active aggressive offenders – commit crimes in an
impulsive manner
ii.Passive inadequate offenders – commit crimes because
of inducement, promise or reward.
b.Based on the state of mind
i.Rational offenders – commit crime with motive or
intention
ii.Irrational offenders – commit crime without knowing
the nature and quality of his act.
c.Based on proficiency
i.Ordinary offenders – engaged in crimes which require
limited skill
ii.Professional offenders – commit crimes which require
special skills rather than violence.
d.Psychological classification
i.Emotional offenders – commit crimes in the heat of

passion, anger, or revenge.
ii.Non-emotional offenders – commit crimes for financial
gain and are usually recidivist or repeaters.
Techniques of Interrogation
a.Emotional appeal – interrogator must create a mood that is

conducive to confession.
b.Mutt and Jeff technique – there must be at least 2

investigators with opposite character; one (Mutt) who is
arrogant and relentless, and the other (Jeff) who is
friendly, sympathetic and kind.
c. Bluff on split-pair technique – applicable where there

are two or more persons who allegedly participated in the
commission of a crime. While one of them is interrogated,
the interrogator may claim that the subject was implicated
by the author and that there is no use for him to deny
participation.
d. Stern approach – questions must be answered clearly, and

the interrogator utilizes harsh language
e.The subject is given the opportunity to make a lengthy,

time-consuming narration.
6.Confession – an expressed acknowledgment by the accused in

a criminal case of the truth of his guilt as to the crime
charged, or of some essentials thereof.
Requirement for the Admissibility of Evidence Obtained

Through interrogation
 Custodial Investigation and Self-Incrimination (1987
Constitution)
 Miranda v. Arizona (Miranda Rights)- safeguards were
established for the interrogation of suspected persons.
Some Techniques of lnterrogation
 Emotional Appeal- The interrogator creates a mood that

is conducive to confession. He may be sympathetic or
friendly to the subject.
 Mutt and Jeff Technique- One interrogator (Mutt) is
arrogant and relentless; he knows the subject to be guilty.
The other (Jeff) is friendly, sympathetic, and kind.
WhenMutt is not present, Jeff will advise the subject to
make a quick decision and plea for cooperation.
 Bluff on Split-Pair Technique- Applicable where there are
two or more persons who allegedly participated on the
commission of a crime. All of them are interrogated
separately and the interrogator may claim that the subject
was implicated by the author and that there is no use for
him to deny participation.
 Stern Approach- Immediate and clear response from the
subject is demanded and the interrogator uses harsh

language.
 The subject is given the opportunity to make a lengthy,
time-consuming narration.
Basis of Interrogator’s Inference that the Subject is not

Telling the Truth

 The statements have many improbabilities and gaps on its
substantial parts.
 The statements are inconsistent with the material facts.
 The statements are incoherent.
Confession
 Is an expressed acknowledgement by the accused of the

truth of his guilt as to the crime charged, or of some
essentials thereof.
 Confession is a statement of guilt while admission is
usually a statement of fact by the accused which does not
directly involve an acknowledgment of guilt.
Kinds of Confession
1. Extra-judicial Confession- is a confession made outside

of the court prior to the trial of the case.
oUnder the Rules of Court, extra-judicial confession is not
a sufficient ground for conviction unless corroborated by
evidence of corpus delicti.
Extra-judicial confession may be:

a. Voluntary - the accused speaks on his free will and
accord, without inducement of any kind, and with full and
complete knowledge of the nature and consequence of the
confession.
b. Involuntary - obtained through force, threat,
intimidation, duress, or anything influencing the
voluntary act of the confessor. Such are inadmissible in
evidence.
2. Judicial Confession- is the confession of an accused in

court.
It is conclusive upon the court and may be considered to

be a mitigating circumstance.
Under the Rules of Court, admissions made by the parties

in the pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be contradicted
unless previously shown to have been made through palpable
mistake.
Maltreatment of Prisoners
 Elements (Art. 235, RPC)

O The offender is a public officer or employee
O The offender has under his charge a convicted or detention
prisoner
O The offender maltreats the prisoner by overdoing in the
correction and handling of the prisoner by the (1)
imposition of punishment not authorized by the regulation,
or (2) by inflicting such punishment in a cruel and
humiliating manner; or by maltreating to extort a confession
or obtain information.
 Tokyo Declaration- provides guidelines to be observed by

physicians concerning torture and other inhuman treatment
oThe doctor shall not countenance, condone, or participate
in the practice of torture or other forms of inhuman
procedures
a. The doctor shall not provide premises, instruments,
substances, or knowledge to facilitate such in practices
b. The doctor shall not be present during any procedure
during which inhuman treatment is used or threatened
c. A doctor must have complete clinical independence in
deciding upon the care of a person for whom he is
medically responsible
d. Where the prisoner refuses nourishment and is considered
by the doctor as capable of forming an unimpaired and
rational judgment concerning the consequences of such
voluntary refusal of nourishment (as confirmed by at
least one other independent doctor), he or she shall not
be fed artificially. Such consequences of the refusal of
nourishment shall be explained by the doctor to the
prisoner
e. The World Medical Association will support and encourage
the international community, the national medical
associations, and fellow doctors, to support the doctor
as his/her family in the face of threats or reprisals
resulting from refusal to condone the use of torture and
inhuman treatment.

1. What is Extra-judicial Confession?
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2. What is the essence of confession?
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LESSON 3 MEDICO-LEGAL ASPECTS OF IDENTIFICATION
1. Discuss the importance of Identification

2. Distinguish the differente methods of identification
3. Understanding Anthropometry
Identification is the determination of the individuality

of a person or thing.
Importance of Identification
 To establish the identity of the offender and that of the

victim in the prosecution of the criminal offense.
 To identify a person missing or presumed dead in order to
facilitate the settlement of the estate, retirement,
insurance, and other social benefits.
 Identification resolves the anxiety of the next-of- kin,
other relatives and friends as to the whereabouts of a
missing person or victim of calamity or criminal act.
 Identification may be needed in some transactions like
cashing of check, entering a premise, sale of property,
release of dead bodies to relatives, parties to a
contract, etc..
Rules in Personal Identification
 Law of Multiplicity of Evidence in Identification- the

greater the number of points of similarities and
dissimilarities of two persons compared, the greater is
the probability for the conclusion to be correct.
 The value of the different points of identification
varies in the formulation of conclusion (e.g. visual
recognition by relative or friends may be of lesser value
as compared with fingerprints or dental comparison).
 The longer the interval between the death and the
examination of the remains, the greater is the need for
experts in establishing identity.
 It is necessary for the team to act in the shortest
possible time specially in cases of mass disaster.
 There is no rigid rule to be observed in the procedure of
identification of persons.
Methods of Identification
1. By comparison-Identification criteria recovered during

investigation are compared with records available in the
file.
2. By exclusion- If two or more persons have to be
identified and all but one is not yet identified, then
the one whose identity has not been established may be
known by the process of elimination.

Identification of Persons
Classification of the Bases of Human Identification
 Those which laymen use to prove identity- no special

training or skill required
 Those which are based on scientific knowledge- made by
trained men, well-seasoned by experience and observation
Ordinary Methods of Identification
 Points of Identification Applicable to Living Persons

Only
O Characteristics which may easily be changed
Growth of hair, beard or mustache
Clothing- a person may have a special preference
for certain form, texture or style
 Frequent place of visit- A person’s special desire
or habit to be in a place if he has the opportunity
to do so
 Grade of profession- e.g. a mechanic may be
recognized by his tools, a clergy man by his robe, or
a nurse by her cap
 Body ornamentations- earrings, necklaces, rings,
pins, etc. Usually worn by persons
o Characteristics that may not be easily changed
Mental memory- a recollection of time, place, and
events.
Speech- a person may stammer, stutter, or lisp;
manner of talking and quality of the voice.
Gait- a person, on account of disease or some
inborn traits, may show a characteristic manner of
walking.
Mannerism- stereotype movement or habit peculiar to
an individual. (E.g. way of sitting, movement of
hand, movement of body, movement of facial muscles,
manner of leaning, etc.)
Hands and feet- Size, shape, and abnormalities.
 Foot or hand impression- develops when a foot
or hand is pressed on mouldable materials
like mud, clay, cement mixture, or other
semi-solid mass.
 Footprint or handprint- a footmark or
handmark on a hard base contaminated or
smeared with foreign matters like dust,
floor, blood, etc.
Complexion
Changes in the eyes- near- sightedness, far-
sightedness, state of being color blind, etc.
Facies- different kinds of facial expressions
brought about by disease or racial influence.
Left- or right-handedness
 Degree of nutrition- in relation to height
and age.
 Points of Identification Applicable to Both Living and
Dead before Onset of Decomposition

O Occupational marks- certain occupations may result

in some characteristic marks or identifying guide
O Race
 Color of the skin
 Caucasian-Fair
 Malayan-Brown
 Mongolian-Fair
 Negro- Black
 Feature of the face

 Caucasian- Prominent sharp nose
 Malayan- Flat nose with round face
 Mongolian- Almond eyes and prominent cheek bone
 Negro- Thick lips and prominent eyes
 Shape of the skull

 Caucasian- Elongated skull
 Malayan- Round head apparel
 Mongolian- Round head
Red Indians and Eskimos- Flat head
Wearing Apparel- Casual and customary wearing may

indicate race as well as religion, nationality,
region, and custom.
O Stature- change in height; rate of growth
O Tattoo marks- introduction of coloring pigments in the

layers of the skin by multiple puncture.
O Weight- not a good point of identification for it is
easily changed from time to time.
O Deformities- may be congenital or acquired
O Birth marks
O Injuries leaving permanent results- e.g. amputation,
improper union of fractured bones
O Moles
O Scar- a remaining mark after healing of the wound.
Age of scar
1. Recently formed- slightly elevated, reddish or
bluish in color, and tender to touch
2. Few weeks to two months- scar has inflammatory
redness, and it is soft and sensitive
3. Two to six months- brownish or coppery red, free
from contraction and corrugation, and soft
4. Six months or more- scar is white, glistening,
contracted, and tough
Anthropometry (Bertillon System)
− scheme utilizing anthropometrical measurement of the

human body as the basis of identification
Basis
1.The human skeleton is unchangeable after twentieth year.
2.It is impossible to find two human beings having bones

exactly alike.
3.The necessary measurement can easily be taken.
Information included
1.Descriptive Data - color of hair, eyes

2.Body marks - moles, scars
3.Anthropometrical measurements
A.Body measurement
B.Measurement of head
C.Measurement of the limbs
Portrait Parle (spoken picture)
− verbal, accurate and picturesque description of the person

identified. Such information may be given bybthe witness,
relatives, or persons who ate acquainted with the physical
features of the person to be identified;
1.General impression
2.Age, sex
3.Race or color
4.Height
5.Weight
6.Built
7.Posture
8.Head
9.Hair
10.Face
11.Neck
12.Shoulder
13.Wrist
14.Hands
15.Fingers
16.Arms
17.Feet
Extrinsic Factors in Identification
1.Ornamentation
2.Personal belongings
3.Wearing apparel
4.Foreign bodies
5.Identification by close friends and relatives
6.Identification record
7.Photographs
SCIENTIFIC METHODS OF IDENTIFICATION

1. Fingerprinting
2. Dental identication
3. Handwriting
4. Identification of skeleton
5. Determination of sex
6. Determination of Age
7. Identification of Blood
8. Identification of Hair and Fibers

Fingerprinting
- considered to be the most valuable method of

Identification
the finger may be wounded or burned, but the whole pattern
with all its details will reappear when the wound heals.
There is no two identical fingerprints. Fingerprints are not
changeable.
Practical uses
a. Help establish identity in cases of dead bodies

b. Prints recoveres from crime scene associate person
c. Prints on file are useful for comparative purposes
d. Among illiterates, right thumbprint is recognized as
substitute for signature.
Dactylography is the art and study of recording fingerprints

as a means of identification
Dactyloscopy is the art of identification by comparison of

fingerprints
Poroscopy is the study of the pores found on the pappillary

or friction ridges of the skin
Methods of Producing Impression
a) Plain method - bulbs of the last phalanges of the

fingers and thumb are pressed on the surface of the paper
after pressing them on ink
b) Rolled method - bulbs of the thumb and other fingers
are rolled on the surface of the paper after being rolled on
an ink pad
Kinds of Impression
1.Real impression - impression of the finger bulbs with

the use of printing ink on the surface of the paper
2.Chance impression - impresses by mere chance without any
intention to produce it
How to Get Fingerprint Impressions on Dead Bodies
In case of fresh bodies, the fingers are uncleanched and

each one is inked individually with the aid of small rubber
roller.
If the "floater" has been in the body if water for a

longer time and the friction ridges have disappeared, the
skin of the fingertips is cut away. This area of the skin is
placed in a small labelled test tube containing formaldehyde
solution.
Types of Fingerprint Patterns
1.Arches - the ridges go from one side of the pattern to

another, never turning back to make a loop
A.Plain arches
B.Tented arches
2.Loops - one or more ridges enter on either side, recurves

and terminate on the same side from which it entered
A.Ulnar loop
B.Radial loop
3.Whorls - patterns with two deltas and patterns too

irregular in form to classify
A.Simple whorl
B.Central pocket loop
C.Lateral pocket loop
D.Twin loop
E.Accidentals
Q: Can fingerprints be effaced?
A: No, as long as the dermis of the bulbs of the finger is

not completely destroyed, the fingerprints will always
remain unchanged and indestructible.
Q: Can fingerprints be forged?
A: There is considerable controversy as various experiments

could almost make an accurate reproduction, still there is
no case in record known or have been written.
B.DENTAL IDENTIFICATION
1.The possibility of two persons to have the same dentition

is quite remote.
2.The enamel of the teeth is the hardest substance in the
body. It may outlast all other tissues.
3.After death, the greater the degree of tissue deatruction,
the greater is importance of the dental characteristic.
4.The more recent the ante-mortem records of the person to
be identified, the more reliable is the comparative or
exclusionary mode of identification that can be done.
Causes of Unreliability of the Dental Records
1.The dentist may only concern himself with the affected

teeth and may not care to have a detailed examination of the
other teeth.
2.No uniformity in nomenclature in the charting of teeth
3.Although there may be a law obligating dentists to have a
record of their patient, the law does not mention the agency
which will enforce it
4.Changes in the teeth which are not seen by the dentist
C.HANDWRITING
The handwriting of a person may be proved by a witness

who believes it to be the handwiting of such person, and has
seen the person write, or has seen writing purporting to be
his upon which the witness has acted or been charged, and

has thus acquired knowledge of the handwriting of such
person.
The genuineness of any disputed writing may be proven by any

of the following ways
1.Acknowledgement of the alleged writer
2.Statement of the witness who saw the writing
3.Opinion of persons who are familiar with the handwriting
of the alleged writer
4.Opinion of an expert
Practical Uses of Handwriting Examination

1.Financial crime
2.Death investigation
3.Robberies
4.Kidnapping with ransom
5.Anonymous threatening letters
6.Falsification of documents
Bibliotics - science of handwriting analysis

Graphology - study of handwriting for the purpose of
determining the writer's personality, character and
aptitude.
Handwriting - complex interaction of nerves
Writing - conscious act, but on the account of repeated act

it becomes habitual and unconscious
Movements in Writing
1. Finger movement- letters are made entirely by the action
of the thumb, the pointing and middle fingers
2. Hand movement – letters are produced by the action of the
hand as a whole with the wrist as the center of action
3. Arm movement – movement in writing is made by the hand
and arm supported with the elbow at the center of later
swing
4. Whole arm movement – action is produced by the entire arm
without any rest
The Form, Style and Characteristics of the Handwriting of a

Person are Basically Determined By:
Primary Factors
a. Survival of the letters are formed when a person begins
to write
b. Inclusion of some characteristics due to admiration of a
peculiar design in writing
c. Identifying characteristics may be the result of the
great volume of writing done
d. The presence or absence of physical abnormalities or
defects originating from illness, injury, psychological
variations and other similar conditions
Secondary Factors
a. Position of writer
b. Temporary physical or psychological disturbance

c. Other external temporary variables
Physical and chemical factors
Writing instrument
Ballpen
Fountain pen
Steel pen
Pencil
Paper
Color
d. Surface appearance
e. Watermarks
f. Weight and thickness
g. Ink
Iron gallotannate ink Logwood ink Ballpoint
inkWashable ink Carbon ink

1. What is Anthropometry?
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2. Can fingerprints be forged?
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LESSON 4 MEDICO-LEGAL ASPECTS OF IDENTIFICATION
1. Understnading of Questioned Documeny

2. Understand the purpose of handwriting examination
3. Distinguish the difference between human and animal hair
Instruments Necessary in Questioned Document Examination:
1. Photographic instruments- to view the writing in

sufficient magnification for detail examination and
preparation of evidence for presentation
2. Magnifying lend and stereoscopic binocular microscope- to
determine unusual appearances of writing. Obliterations,
erasures and alterations may be more visible
3. UV lamp and infra red radiation- to mae visible the
chemical erasures
4. Measuring caliper
5. Good lighting facilities
Purpose of Handwriting Examination
a. Whether the document was written by the suspect

b. Whether the document was written by the person whose
signature it bears
c. Whether the writing contains additions or deletions
d. Whether the document such as bills, receipts, suicide
notes or checks are genuine or a forgery
Points to Consider in Questioned Document Examination
a. Slant, spacing, size, proportion of the letters, speed

and rhythm in writing, shading, pen strokes
b. The greater the variation in the way of writing, the
greater the amount of standard of writing needed to form
a reliable impression
To determine whether a certain instrument or document has

been written by a certain person, compare the writings with
some standard of writings of the same person.
Two Types of Standard Writings:

1. Collected Standards: handwriting by the person who is
suspected to have written the questioned document; may be
found in the private or public records of the persons
2. Requested Standard: standards made by the alleged writer
upon request of the examiner; usually disguised writing
applicable only to recently written document.
Length of interment or length from the time of death May

be determined by the nature and presence of soft tissues and
the degree of erosion of the bones. Ordinarily, all the soft
tissues in a grave disappear within a year.

The deliberate attempt on the part of the writer to alter
his writing habit to invent a new writing style of by
imitating the writing of another person done by changing the
direction of the slant, changing the speed in writing,
deliberate carelessness.
Signature forgery
Signature forgery examination is the most common activity of

a questioned document examiner.
Classifications of Signature Forgery

1. Traced forgery: the outlining of a genuine signature from
one document onto another
2. Simulated forgery: an attempt to copy in freehand manner
the characteristics of a genuine signature either from
the memory of the signature or from as model.
3. Spurious forgery: one prepared primarily in the forger’s
own handwriting wherein little or no attempt has been
made to copy the characteristics of the genuine writing
Typewriter Identification
-The identification of the typing machine used in a
questioned document
IDENTIFICATION OF THE SKELETON
 In the examination of bones, the following points can be

determined:
1. Whether the remains are of human origin or not:
Study the shape, size, and general nature of the
remains, especially that of the skull
2. Whether the remains belong to a single person or
not: Any plurality or excess of the bones after a
complete lay out denotes that the remains belong to
more than one person.
Height
Sex:
Study the pelvis, skull, sternum, femur and humerus
Race
Age:
3. Determined by the appearance of ossification centers
and union of bones and epiphyses, dental
identification, and obliteration of cranial structures
 Presence or absence of ante or post mortem injuries
 Congenital deformities and acquired injuries on the hard
tissues causing permanent deformities
Procedure of the Test

Two Methods may be utilized and both should be employed in
the examination:
1) Detection of Agglutinins
2) Detection of Agglutinogens
Value of the Test

It may solve disputed parentage (maternity or paternity).
1. Positive result - not conclusive that the one in question
is the offspring
2. Negative result - conclusive that he is not the child of
the alleged parents. Grouping is true not only with blood
but also with other body fluids like saliva, vaginal
secretion, seminal fluid, milk, urine and others
INHERITANCE PATTERNS OF ABO BLOOD GROUPS
Group of Group of Exclusion

Parents Children Cases
O x O O A, B, AB
O x A O, A B, AB
O x B O, B A, AB
A x A O, A B, AB
A x B O, A, B,
AB
B x B O, B A, AB
O x AB A, B O, AB
A x AB A, B, AB O
B x AB A, B, AB O
AB x AB A, B, AB O
Different Characteristics of Blood from Different Sources:
1) Arterial Blood – bright scarlet in color, leaves the

blood vessel with pressure, high oxygen contents
2) Venous Blood – dark red in color, does not spill far from
the wound, low oxygen content
3) Menstrual Blood – does not clot, acidic in reaction owing
to mixture with vaginal mucous, on microscopic
examination, there are vaginal epithelial cells, contains
large number of Deoderlein’s bacillus.
4) Man’s or Woman’s Blood- no method of differentiating man
and woman’s blood
5) Child’s Blood- at birth, it is thin and soft compared
with that of adult, red blood cells are nucleated and
exhibit greater fragility, red blood cells count more
than in adult.
Identification of Hairs and Fibers
Addition of a substance that will coat the outer surface of

the hair so as to impart a different color.
Ex.: Salts of bismuth, lead, silver and pyrogallic acid
Addition of substances which bleach or change the natural

color of the fiber or hair.
Ex.: Hydrogen peroxide, chlorine and diluted nitric acid

Distinctions between Human and Animal Hair:
Human Animal
Medulla Air network in Air network in forms of
fine grains large and small
sacks.
Cells invisible
without treatment Cells easily visible
in water
Value of I lower
than 0.3
Value of I higher than
Fuzz without 0.5
medulla
Fuzz with medulla
Cortex Looks like a thick Looks like a

muff fairly thin hollow
cylinder Pigments in
Pigments in the the form of irregular
form of fine grains larger
grains than that of human’s
Cuticle Thin scales not Thick scales
protruding, protruding, do not
covering one cover one
another to about another the same
4/5 degree as
human’s
Note: Medullary index (I) is the relation between the

diameter of the medulla and the diameter of the whole hair.
The hair and fiber may be examined microscopically in its
cross-section and longitudinal aspect.Comparative study must
be made to show similarity of the hair and fiber.
Other Points in the ldentification of Hair:

Characteristics of the hair:
 Hair on body surfaces is fine while those from the beard,
mustache and scalp are very thick.
 Hair from the eyebrows and lashes is tapering gradually
to finepoints.
Length of the Hair:

 Hair from the scalp grows 2.5 cms. a month.
 Beard hair grows at the rate of 0.4 millimeter a day.
Color of the hair:

 May be black, blonde or brunette.
 Hair from older persons may be white or gray.
 The hair may be artificially colored by bismuth, lead or
silver salts.
 It may be bleached by addition of hydrogen peroxide,
chlorine or diluted hydrochloric or nitric acid.

Male or a Female Hair
In many instances it is quite impossible to state the sex

from the hair, but certain points may be worthy of mention:
a. Hair on the scalp of male is shorter, thicker and more
wiry than that of female's.
b. Eyebrow hair of a male is generally long and more wiry
than that of a female's.
Estimation of Age Based on the Hair:

a) Hair of children is fine, short, and deficient of
pigments and, as a rule, devoid of medulla.
b) At the adolescent age, hair may appear at the pubis. Hair
on the scalp becomes long, wiry, and thick.
In the case of older persons, the color is usually white

or
gray, with marked absorption of pigments and degenerative
changes

1. What is Enlightenment?
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2. What is Classical Theory?
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CHAPTER IV
MEDICO-LEGAL ASPECTS OF DEATH
Importance of Death Determination

1. The civil personality of a natural person is extinguished by
death;
2. The property of a person is transmitted to his heirs at
the time of death;

3. The death of the partner is one of the causes of
dissolution of partnership agreement;
4. The death of either the principal or the agent is a mode of
extinguishment of agency;
5. The criminal liability of a person is extinguished by
death;
6. The civil case for claims which does not survive is
dismissed upon the death of the defendant.
Death
 is the termination of life.
 it is the complete cessation of all the vital functions
without possibility of resuscitation.
 it is an irreversible loss of the properties of living matter.
 an event that takes place at a precise time.
 the ascertainment of death is a clinical and not a legal
problem.
Based on the Criterion Used in its Determination, death may be:

1. Brain Death
 Death occurs when there is deep irreversible coma, absence of
electrical brain activity and complete cessation of all the
vital functions without possibility of resuscitation.
2. Cardio-Respiratory Death
 Death occurs when there is a continuous and persistent cessation
of heart action and respiration.
 It is a condition in which the physician and the members of
the family pronounced a person to be dead based on the common
sense or intuition
3. Brain and Cardio-Respiratory Death

A person will be considered medically and legally dead if in the
opinion of a physician based on ordinary standards of medical
practice, there is:
 absence of spontaneous respiratory and cardiac function, and
because of the disease or condition which caused, directly or
indirectly, these functions to cease, or because of the passage
of time since these functions ceased, attempts at resuscitation
are considered hopeless;
 absence of spontaneous brain function and if based on ordinary
standards of medical practice during reasonable attempts
to either maintain or restore spontaneous circulatory or
respiratory function in the absence of aforesaid brain
function, it appears that further attempts at resuscitation
or supportive maintenance will not succeed.
B.SIGNS OF DEATH
1. CESSATION OF HEART ACTION AND CIRCULATION

 There must be continuous cessation of the heart action and the
flow of blood in the whole vascular system
Methods of Detecting the Cessation of Heart Action and Circulation

A. Examination of the Heart
1.Palpation of the Pulse- may be made at the region of the
wrist or at the neck
2.Auscultation for the heart sound at the precordial Area -

the rhythmic contraction and relaxation of the heart is
audibl through the stethoscope. Heart sound can be audible
during life even without the aid of a stethoscope by
placing the ear at the precordial area
Difficulties in Auscultation may be encountered in:
(a) Stout person
(b) Fatty degeneration of the heart.
(c) Pericardial effusion.
3. Flouroscopic Examination- will reveal the shadow of the

heart in its rhythmic contraction and relaxation. The
shadow may be enlarged and theexcursion made less visible
due to pericardial effusion.
4. By the Use of Electrocardiograph

This is the best method of determining heart action but
quite impractical
B. Examination of the Peripheral Circulation:

1.Magnus’ Test:
 A ligature is applied around the base of a finger with
moderate tightness.
 In a living person there appears a bloodless zone at the site
of the application of the ligature and a livid area distal
to the ligature.
 If the ligature is applied to the finger of a dead man,
there is no such change in color.
2. Opening of Small Artery:

 Living: the blood escapes in jerk and at a distance.
 Dead: the blood vessel is white and there is no jerking
escape of blood but may only ooze towards the nearby skin.
 When bigger arteries are cut, blood may flow without
pressure continuously.
3. Icard's Test
 This consists of the injection of a solution of
fluorescein subcutaneously.
 If circulation is still present, the dye will spread all
over the body and the whole skin will have a gleenish-
yellow discoloration due to flourescein.
 This test should be applied only with the use of the
daylight as the color is difficult to be appreciated with
the use of artificial light.
4. Pressure on the Fingernails:

 lf pressure is applied on the fingernails
intermittently, there will be a zone of paleness
at the site of the application of pressure which become livid
on release.
 There will be no such change of color if the test is
applied to a dead man.
5. Diaphanous Test.
 Living: the finger webs appear red Dead: yellow
 The fingers are spread wide and the finger webs are

viewed through a strong light
6. Application of Heat on the Shin

 If heated material is applied on the skin
Living: blister formation, congestion, and other vital
reactions of the injured area will be observed.
Dead: will not produce true blister, no sign of
congestion, or other vital reactions.
7. Palpation of the Radial Pulse With Fingers

 Living: will feel the rhythmic pulsation of the vessel due to
the flow of blood.
Dead: No such pulsation will be observed
8. Dropping of Melted Wax

Melted sealing wax is dropped on the breast of a person.
Dead: there will be no inflammatory edema at the
neighborhood of the dropped melted wax.
2. CESSATION OF RESPIRATION
 must be continuous and persistent.
In the following conditions there may be suspension of

respiration without death ensuing:
a. In a purely voluntary act, as in divers, swimmers, etc. but
it cannot be longer than two minutes;
b. In some peculiar condition of respiration, like Cheyne-
Stokes respiration, but the apneic interval cannot be longer than
fifteen to twenty seconds;
c. In cases of apparent drowning;
d. Newly-born infants may not breathe for a time after birth and
may commence only after stimulation or spontaneously later.
INTERNAL HYPOSTASIS IN VISCERAL ORGANS
Post-mortem lividity occurs in internal organs.
Post Mortem Lividity Simple Congestion

Staining in organs is irregular Generally uniform and found all over
and occurs in most the body.
dependent parts.
Dull and lustreless mucous Not so.
membrane
Imflammatory exudates is not seen, Not seen in simple congestion.
areas of redness alternating with
pale areas
found in a hollow viscus.

3. Liquefaction of the Soft Tissues
Post Mortem Lividity Haemorrhage of scurvy Phosphorus poisoning
Presence can be revealed in history. Presence can be revealed in

history.
Skin lesion Skin lesion present before death Skin lesion

appears after death. present before death
Present in the most dependent May be found all over the skin and May be found all over the skin and
portions of the organs. organs.
body.
CHANGES IN THE BLOOD:
Hydrogen Ion Concentration

Rise of non-protein nitrogen and free amino-acid Chemical:
Chloride in the plasma, Magnesium as a result of
diffusion, Potassium increases owing to diffusion.
AUTOLYTIC OR AUTODIGESTIVE CHANGES AFTER DEATH
After Death, proteolytic, glycolytic and lipolytic ferments of

glandular tissues continue to act which lead to the
autodigestion of organs. This action is facilitated by weak acid
and higher temperature and delayed by the alkaline reaction of
the tissues of the body and low temperature. Their early
appearance is observed in the parenchyatous and glandular
tissues.
PUTREFACTION OF THE BODY
Putrefaction is the breaking down of the complex proteins into

simpler components associated with the evolution of foul smelling
gasses and accompanied by the change of color of the body.
Tissue changes in Putrefaction:

1. Changes in the color of the tissue
2. Evolution of Gasses in the tissues Effects of the
Pressure of Gasses of Putrefaction
Displacement of Blood, Bloating of the Body, Fluid Coming out of

both nostrils and mouth, Extrusion of the Fetus in a gravid
uters, floating of the body.
Factors Modifying the Rate of Putrefaction
Internal Factors Age

Condition of the Body Cause of Death
External Factors Free Air

Earth Water Clothings

FACTORS INFLUENCING THE CHANGES IN THE BODY AFTER BURIAL
State of the Body before Death: An emaciated person at the time of

death will decompose slower than a well- nourished individual.
Skinny persons have more tendency to decompose.
Time elapsed between death and burial and environment of the body.
Effect of Coffin: the use of a coffin will delay

decomposition if it is airtight and hard.
Clothing and Any other Coverings on the Body when buried: Clothings
retard decomposition because it affords protection from insects
and aids adipocere formation.
Depth at which Body is buried: the greater the depth the body is
buried the better the preservation.
Condition and type of soil: Dry, arid and sandy soil promotes
mummification.
Inclusion of something in the Grave which will hasten Decomposition

Access of Air to the Body after Burial: Air may hasten
evaporation of the body fluid and promotes mummification.
Mass Grave: There is relatively rapid decomposition of the
bodies
Trauma on the Body: CHRONOLOGICAL SEQUENCE OF THE
PUTREFACTIVE CHANGES OCCURING IN TEMPERATE REGIONS
Face swollen and red. Greenish discoloration on the 1 – 2 weeks
eyelids, lips, neck and sternum. Skin of the hands and
feet wrinkled. Upper surface
of brain greenish in color.
Skin wrinkled. Srotum and penis distended with gas. Nails 4 weeks
and hair still intact. Lungs
emphysematous and covered the heart.
Abdomen distended, skin of hands and feet 6 – 8 weeks
come off with nails like a glove.
Greenish Discoloration over the iliac fosae. 1-3 days
Eyeballs are soft and yielding.
Greenish discoloration spreading over the while abdomen, 3-5 days
external genitals and other parts of the body. Frothy blood
from the moth
and nostrils.
Abdomen distended with gas. Cornea fallen in and concave. 8-10 days
Purplish red streaks of veins prominent on the
extremities. Sphincters
relaxed. Nails firm.
Body greenish-brown. Blisters forming all over the body. 14 – 20
Skin peels off. Features unrecognizable. Scrotum days
distended. Body swollen up owing to distention. Maggots
found on the body. Nails and hair loose and
easily detached.
Soft parts changes into a thick, semi-fluid 2-5 mos
black mass after death

CHRONOLOGICAL SEQUENCE OF THE PUTREFACTIVE CHANGES OCCURING IN TROPICAL
REGIONS
Rigor mortis present all over. Hypostasis well 12 hrs
developed and fixed. Greenish discoloration showing
over the castum.
Rigor mortis absent all over. Green discoloration 24 hrs
over whole abdomen and
spreading to chest. Abdomen distended with gasses.
Ova of flies seen. Trunk bloated. Face discoloured. 48 hrs.
Blisters present. Moving maggots
seen.
Whole body grossly swollen and disfigured. 72 hrs
Hair and nails loose. Tissues soft and
discoloured.
Soft viscera putrefied. 1 wk
Only more resistant viscera distinguishable. Soft 2 wks
tissues largely gone.
Body skeletonised. 1 mo.
CHRONOLOGICAL SEQUENCE OF THE PUTREFACTIVE CHANGES WHEN THE BODY HAS BEEN
SUBMERGED IN WATER
Very little change if water is cold. Rigor mortis 4-5 days
may persist.
The skin on the hands and feet became sodden and 5-7 days
bleached. The face appears
softened and has a faded white color.

Factors Influencing the Floating of the Body in Water
Age: Bodies of fully-developed and well-nourished newly- born

infants float rapidly.
Sex: Women float sooner than men.

Conditions of the body: Stout persons float quicker.
Season of the Year: The moist hot air of summer is very

favourable for putrefaction.
Water: Dead body floats in a shallow and stagnant water of
creeks or pond sooner than in deep water in running
streams.
External Influence: the presence of heavy-wearing apparel or
addition weight in the pockets or attached to the body delays
floating.
Order of putrefaction when body is in water: Face, neck and
sternum; shoulders; arms; abdomen; legs.
INFLUENCE OF BACTERIA IN DECOMPOSITION

Decomposition is due to action of bacteria in various
tissues of the body. Aerobic activities are present in the
early stages of decomposition, later on activities of the
anaerobes are the most prominent with the production of
gasses. Softening of tissues is the result of bacterial action,
proteolytic and autolytic ferments.
The microorganism that plays an important role in

decomposition is Clostridium Welchii. It grows in the
parenchyatous organs and is responsible for the
disintegration of cytoplasm, destruction of nuclei and
generation of gasses in the cells.
Other destructive agents during decomposition include flies and
maggots, reptiles, rodents, other mammals, fishes and crabs, and
molds.
Death will have occurred when these conditions first
coincide. (Section 1, Chapter 378 of Kansas Statute)
Brain Death
1. According to Harvard Report of 1968, the following are
the characteristics of ―irreversible coma‖:
a. Unreceptivity and Unresponsibility

 There is a total unawareness to externally applied stimuli
and inner need and complete unresponsiveness
b. No movements or breathing
 Observation covering a period of at least l hour by
physicians is adequate to satisfy the criteria
c. No reflexes
Irreversible coma with abolition of central-nervous system
activity is evidenced in part by the absence of

elicitable reflexes.
 The pupil will be fixed and dilated and will not respond
to a direct source of bright light.
 Ocular movement (to head turning and to irrigation of the
ears with ice water) and blinking are absent.
 There is no evidence of postural activity (decerebrate or
other).
 Swallowing, yawning, vocalization are in abeyance.
 Corneal and pharyngeal reflexes are absent.
 As a rule, the stretch or tendon reflexes cannot be
elicited, i.e. tapping the tendons of the biceps, triceps
and pronator muscles, quadriceps and gastrocnemius muscles
with the reflex hammer elicits no contraction of the
respective muscles.
 Plantar or noxious stimulation gives no response.
d. Flat electro-encephalogram
 Of great confirmatory value is the flat or iso-electric
E.E.G. assuming that the electrodes have been properly
applied, that the apparatus is functioning normally, and that
the personnel in charge are competent.
Note: All of these tests shall be repeated at least 24

hours later with no change. It is emphasized that the
patient be declared dead before any effort is made to take
him off the respirator, if he is then on respirator.
2. In 1969, the Ad Hoc Committee of Human Transplantation

convened under the auspices of the Institute of Forensic
Sciences, Duquesne University School of Law adopted the
proposed criteriafor the determinationof death otherwise known
as
Philadelphia Protocol, and the following were considered
Lack of responsiveness to internal and external environment;
a.Absence of spontaneous breathing movements for 3 minutes, in
the absence of hypocarbia and while breathing room air.
b.No muscular movements with generalized
flaccidity and no evidence of postural activity or shivering;
c. Reflexes and response:

c.1. Pupils fixed and dilated, non-
reactive to strong stimuli;
c.2. Corneal reflexes absent;
c.3. Supra-orbital or other pressure response absent
(both pain response and decerebrate posturing);
c.4. Absence of snucking or snouting response;
c.5. No reflex response to upper airway stimulation;
c.6. No reflex response to lower airway stimulation;
c.7. No ocular response to ice water stimulation of
the inner ear;
c.8. No deep tendon reflexes;
c.9. No superficial reflexes;
c.10. No plantar responses.
d. Falling arterial pressure without support by drugs or other

means.
e. Iso-electric electro-encephalogram (in the absence of
hypothermia, anesthetic agents and drugs intoxication) recorded

spontaneously and during auditory and tactile stimulation.
It is further laid down that these criteria shall have been

present for at least 2 hours and that death should be
certified by two physicians other than the physician of a
potential organ recipient.
Other Set of criteria to Establish Brain Death:

1. Mohandas and Chou (1971) – standards of Brain Death accepted
at the University of Minnesota Science Center.
2. The Ottawa General Hospital (1970) - guidelines for

the criteria of cerebral death.
3. In France (1968) - the Council of Ministers published a

decree which adopted the official definition of death on
recommendation of the French Academy of Medicine.
Note: The use of the criteria of brain death may only be

applied to those persons who are potential organ donors.
A.KINDS OF DEATH
1. SOMATIC DEATH OR CLINICAL DEATH
 state of the body in which there is complete, persistent and
continuous cessation of the vital functions of the brain,
heart and lungs which maintain life and death;
 hardly impossible to determine the exact time of death;
 immediately after death,
- the face and lips become pale
- the muscles become flaccid
- the sphincters are relax
- the lower jaw tends to drop
- the eyelids remain open
- pupils dilate
- skin loses its elasticity
- body fluids tend to gravitate to the most
dependent portions of the body
- body heat gradually assumes the temperature of the
surroundings
2.MOLECULAR OR CELLULAR DEATH

 After cessation of the vital functions, there is still animal
life among individual cells.
 About 3-6 hours later, there is death of individual cells
known as molecular or cellular death
 Exact occurrence cannot be definitely determined due to several
factors
3.APPARENT DEATH OR STATE OF SUSPENDED ANIMATION

 This condition is not really death but merely a transient loss of
the vital functions of the body on account of disease,
external stimulus or other forms of influence.
 It may arise especially hysteria, uremia, catalepsy and
electric shock

Lesson 1 Legal Medicine

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Criminalistics 6 Nor-Alissa M.

LESSON 1 INTRODUCTION TO LEGAL MEDICINE

1. Define Legal Medicine

- branch of which deals with application of medical

Concept and practice of Legal Medicine in the Philippines

- knowledge of law in relation to the practice of

NATURE OF THE STUDY OF LEGAL MEDICINE

Knowledge of legal medicine means the ability to acquire

Medical Jurist (medical examiner, medico-legal officer,

– a physician who specializes or is involved primarily

It is the duty of every physician, when called upon by the

Legal Medicine (S.Y. 2020-2021) 10

Ordinary Physician Medical Jurist

Presence of PHYSICAL INJURIES of a victim of sexual abuse =

Presence of PHYSICAL INJURIES on the offender of the crime

1. Written or Statutory Law (Lex Scripta) – composed of laws

Legal Medicine (S.Y. 2020-2021) 11

PRINCIPLE OF STARE DECISES

A principle that, when the court has once laid down a

BRANCHES OF LAW WHERE LEGAL MEDICINE MAY BE APPLIED

In CIVIL LAW, knowledge of legal medicine may be useful on

In CRIMINAL LAW, legal medicine is applicable in the

1. Circumstances affecting criminal liability;

In REMEDIAL LAW, legal medicine is applied in the following

1. Physical and mental examination of a person (Rule 28);

Legal Medicine (S.Y. 2020-2021) 12

Evidence- the means, sanctioned by the Rules of Court, of

If the means employed to prove a fact is medical in nature

TYPES OF MEDICAL EVIDENCE

Limitations to the Presentation of Autoptic Evidence:

Ex: Court may not allow exposure of the genitalia of an

b)Repulsive Objects and those Offensive to Sensibilities –

However, if such evidence is necessary in the adjudication

2.Testimonial Evidence – a physician may be commanded to

A physician may be presented in court as an ordinary witness

ORDINARY WITNESS EXPERT WITNESS

Legal Medicine (S.Y. 2020-2021) 13

Exception: Privilege of (Sec. 48-49, Rule

(Sec. 24 c, Rule 130)

3. Experimental Evidence – A medical witness may be allowed

4.Documentary Evidence- Medical Documentary Evidence may be:

5.Physical Evidence – these are articles and materials which

Criminalistics - is the identification, collection,

Type of Physical Evidences:

The physical evidence recovered during medico-legal

Legal Medicine (S.Y. 2020-2021) 14

Methods of Preserving Evidence

1.Photographs, audio andlor video tape, micro- film,

Rough Sketch- made at the crime scene or during

Finished Sketch- sketch prepared from the rough sketch

Essential Elements to be Included in a Sketch:

a.Measurement must be accurate;

3.Description- putting into words the person or thing to be

Minimum Standard Requirements which must be satisfied in the

4.Manikin Method- miniature model of a scene or of a human

5.Preservation in the Mind of the Witness

The capacity of a person to remember time, place and

Legal Medicine (S.Y. 2020-2021) 15

6.Special Methods- Special way of treating certain type of