DEATH

INVESTIGATION
 DEATH DEFINED
• Death – a permanent cessation of all vital functions; the end of
life (merriam-webster dictionary)
• According to medical dictionary, death is defined as the
cessation of all vital functions of the body including the
heartbeat, brain activity (including the brain stem), and
breathing
 DEATH DEFINED
• In the Philippines as stipulated under RA 7170 DEATH shall
mean the irreversible cessation of circulatory and respiratory
functions or the irreversible cessation of all functions of the
entire brain, including the brain stem. A person shall be
medically and legally dead if either:
 DEATH DEFINED
• (1) In the opinion of the attending physician, based on
the acceptable standards of medical practice, there is an
absence of natural respiratory and cardiac functions
and, attempts at resuscitation would not be
successful in restoring those functions. In this case,
death shall be deemed to have occurred at the time
these functions ceased; or
 DEATH DEFINED
• (2) In the opinion of the consulting physician, concurred in by the
attending physician, that on the basis of acceptable standards of
medical practice, there is an irreversible cessation of all brain
functions; and considering the absence of such functions,
further attempts at resuscitation or continued supportive
maintenance would not be successful in resorting such natural
functions. In this case, death shall be deemed to have occurred at
the time when these conditions first appeared.
 THE FOUR MANNERS OF DEATH
CLARIDGE, J. (2017)

• Natural Causes: Quite simply when the body ceases to function of its
own accord or if there are mitigating medical factors such as terminal
illness, heart disease or the like, which would bring about death - this is
generally referred to as death by natural causes.
• Homicide: The taking of one human life by another human being by
means of pre-meditated murder. The term pre-meditated means to have
purposely planned and executed the murder of another human being in
cold blood whilst trying to elude capture by the authorities.
 THE FOUR MANNERS OF DEATH
CLARIDGE, J. (2017

• Accidental Death: accidental death can also be categorized as death by misadventure.

This means that the victim has died by accident either whilst doing something they
should not have been doing or by taking risks that would put them in mortal
danger. A lot of extreme sports participants have died and their deaths have been
classified as death by misadventure because of the extreme nature of their pastimes.
• Suicide: The deliberate taking of one's own life due to extreme emotional distress
often brought about by severe depression. Suicide is neither accidental nor is it
classified as death by misadventure simply because the individual has set about on a
course of action that would end with their own inevitable death.
DEATH RELATED
CRIMES IN THE
PHILIPPINES
 ART. 249. HOMICIDE NO AGGRAVATING
CIRCUMSTANCE
• Any person who, not falling within the provisions of
Article 246, shall kill another without the attendance of
any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal
 ART. 248. MURDER W/ AGGRAVATING
CIRCUMSTANCE
• Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
• 1. With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
• 2. In consideration of a price, reward, or promise.
 ART. 248. MURDER
• 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
• 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
• 5. With evident premeditation.
• 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse.
 ART. 246, REVISED PENAL CODE:
PARRICIDE:

• Any person who shall kill his father, mother, or

child, whether legitimate or illegitimate, or any of
his ascendants or descendants, or his spouse, shall
be guilty of parricide and be punished by the
penalty of reclusion perpetua to death.
REQUISITES OF THE CRIME OF PARRICIDE

A person was killed by the offender.

The person killed was the father, mother, or
child, whether legitimate or illegitimate in
relation with the offender, or other legitimate
ascendants, or descendants or spouse of the
offender.
 REQUISITES OF THE CRIME OF PARRICIDE

• The father, mother or child killed must either be legitimate or

illegitimate to make it parricide, so that the killing of one's
illegitimate father is parricide.
• But, insofar as with the other ascendants or descendants or
spouse, it must be legitimate to make it parricide. Thus, the
killing of a common-law wife or one's illegitimate grandfather
is not parricide.
 A MORO WHO HAS THREE WIVES AND KILLED THE LAST MARRIED
TO HIM CANNOT BE GUILTY OF PARRICIDE (PEOPLE V. SUBANO, 73
PHIL. 692).

• POLYGAMY NOT SANCTIONED BY MARRIAGE LAW. — Held: That the

crime committed is homicide and not parricide. From the testimony of the
father of the deceased, it appears that the defendant has three wives and that the
deceased was the last in point of time. Although the practice of polygamy is
approved by custom among these non-Christians, polygamy, however, is not
sanctioned by the Marriage Law which merely recognizes tribal marriage
rituals. The deceased, under the law, is not thus the lawful wife of the defendant
and this precludes conviction for the crime of parricide.
 A STRANGER WHO COOPERATED AND
TOOK PART IN THE COMMISSION OF THE
CRIME OF PARRICIDE IS NOT GUILTY OF
PARRICIDE BUT ONLY OF HOMICIDE OR
MURDER AS THE CASE MAY BE (PEOPLE
V. PATRICIO, 46 PHIL. 875).
 FACTS OF THE CASE

• Bonifacio Malgana victim

• Antonia Patricio (wife) offender guilty of parricide
• Antonina Manangan mother of Antonia Patricio
• Jose Malgana paramour of Antonia Patricio and Nephew of the Victim
• MANNER OF KILLING Antonia Patricio began the deadly work by slipping a muffler around the
victim's neck, after which she proceeded to strangulate him by drawing forcibly upon the ends.
Meanwhile Jose Malgana violently pulled and mashed the testicles of the deceased, and Antonina
Manangan and Domingo Bestro held his feet and head, respectively.
 DECISION OF THE CASE
• The crime committed by Antonia Patricio is that of parricide, in the commission of
which are to be appreciated the aggravating circumstances of known premeditation,
treachery, nocturnity and the abuse of superior strength. The crime committed by
Antonina Manangan and Jose Malgana cannot be denominated parricide, though they
cooperated as principals in the killing of a person whom they knew to be the husband of
their co-accused, Antonia Patricio; for it is established doctrine that a stranger who
participates in the perpetration of parricide is not guilty of parricide but only of murder
or homicide according to the factors present in the offense. (Decision of the supreme
court of Spain of March 11, 1887, 3 Viada, 8; 2 Hidalgo, Penal Code, 143.)
 ART. 255. INFANTICIDE
• The penalty provided for parricide in Article 246 and for murder in Article 248 shall
be imposed upon any person who shall kill any child less than three days of age.

• If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and if said crime be committed
for the same purpose by the maternal grandparents or either of them, the penalty
shall be prision mayor
 REQUISITES OF THE CRIME:

• (a) A person was killed.

• (b) The person killed was a child less than
three days old.
TAKE NOTE

• The penalty to be imposed depends upon the killer of

the child. If the killer is the father, mother or any of the
legitimate ascendants, the penalty corresponding to
parricide shall be imposed. If the killing is made by any
other persons, the penalty for murder shall be imposed.
 ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES.

• Any legally married person who having surprised his spouse

in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of destierro.
• If he shall inflict upon them physical injuries of any other kind,
he shall be exempt from punishment.
 ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES.

• These rules shall be applicable, under the same circumstances,

to parents with respect to their daughters under eighteen
years of age, and their seducer, while the daughters are living
with their parents.
• Any person who shall promote or facilitate the prostitution of
his wife or daughter, or shall otherwise have consented to the
infidelity of the other spouse shall not be entitled to the
benefits of this article.
 ART. 251. DEATH CAUSED IN A
TUMULTUOUS AFFRAY
• When, while several persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each other in a confused
and tumultuous manner, and in the course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person or persons who inflicted
serious physical injuries can be identified, such person or persons shall be punished by
prision mayor.
• If it cannot be determined who inflicted the serious physical injuries on the deceased,
the penalty of prision correccional in its medium and maximum periods shall be imposed
upon all those who shall have used violence upon the person of the victim
 ART. 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY

• . When in a tumultuous affray as referred to in the preceding article, only

serious physical injuries are inflicted upon the participants thereof and the
person responsible thereof cannot be identified, all those who appear to have
used violence upon the person of the offended party shall suffer the penalty
next lower in degree than that provided for the physical injuries so inflicted.
• When the physical injuries inflicted are of a less serious nature and the person
responsible therefor cannot be identified, all those who appear to have used
any violence upon the person of the offended party shall be punished by
arresto mayor from five to fifteen days.
 ART. 253. GIVING ASSISTANCE TO
SUICIDE

• Any person who shall assist another to commit suicide shall

suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusion temporal.
However, if the suicide is not consummated, the penalty of
arresto mayor in its medium and maximum periods, shall be
imposed.
 MEDICO LEGAL
ASPECTS OF DEATH
 IMPORTANCE OF DEATH DETERMINATION

The civil personality of a natural person is extinguished by death:

• The civil personality is extinguished by death. The effect of death upon the rights and
obligations of the deceased is determined by law, by contract and by will (Art. 42, Civil
Code).
 The property of a person is transmitted to his heirs at the time of death:
• Succession is a mode of acquisition by virtue of which the property, rights and
obligations to the extent of the value of the inheritance of a person are transmitted
through his death to another or others either by will or by operation of law (Art. 774,
Civil Code).
 IMPORTANCE OF DEATH DETERMINATION

The death of a partner is one of the causes of dissolution of partnership

agreement:
• Dissolution (of a partnership) is caused. . . (5) by the death of any partner;
(Art. 1830, Civil Code).
The death of either the principal or agent is a mode of extinguishment of
agency:
• Agency is extinguished.(3) By death, civil interdiction, insanity or insolvency
of the principal or of the agent (Art. 1919, Civil Code).
IMPORTANCE OF DEATH DETERMINATION

The criminal liability of a person is extinguished by death:

• How criminal liability is totally extinguished — Criminal
liability is totally extinguished: By death of the convict, as to
the personal penalties; and as to pecuniary penalties, liability
therefore is extinguished only when the death of the offender
occurs before judgment. (Art. 89, Revised Penal Code).
IMPORTANCE OF DEATH DETERMINATION

The civil case for claims which does not survive is dismissed
upon death of the defendant:
• When the action is for recovery of money, debt or interest
thereon, and the defendant dies before the final judgment in the
court of the First Instance, it shall be dismissed to be prosecuted
in the manner especially provided by these rules (Rule 3, Sec.
21, Rules of Court).
KINDS OF DEATH
 SOMATIC OR CLINICAL DEATH

• This is the 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 health It occurs
the moment a physician or the other members of the family
declare a person has expired, and some of the early signs of
death are present. It is hardly possible to determine the exact
time of death
 SOMATIC OR CLINICAL 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 and the skin
losses its elasticity. The body fluid tends to gravitate to the most
dependent portions of the body and the body heat gradually
assumes the temperature of the surroundings.
 MOLECULAR OR CELLULAR DEATH:

• After cessation of the vital functions of the body there is still animal life
among individual cells. This is evidence by the presence of excitability of
muscles and ciliary movements and other functions of individual cells.
• About three to six hours later, there is death of individual cells. This is
known as molecular or cellular death. Its exact occurrence cannot be
definitely ascertained because its time of appearance is influenced by several
factors. Previous state of health, infection, climatic condition, cellular
nutrition, etc. influence its occurrence.
 APPARENT DEATH OR STATE OF SUSPENDED
ANIMATION

• This condition is not really death but merely a

transient loss of consciousness or temporary
cessation of the vital functions of the body on
account of disease, external stimulus or other
forms of influence. It may arise especially in
hysteria, uremia, catalepsy and electric shock.
 APPARENT DEATH OR STATE OF SUSPENDED
ANIMATION
• It may be induced voluntarily as has been cited by foreign authors (Col. Townshend
who could be able to pass into a state of pulselessness for half an hour). Involuntary
suspension is shown in still-birth. A newly born child may remain at the state of
suspended animation and may die unless prompt action is taken. A person who has
been rescued from drowning may appear dead but life is maintained after
continuous resuscitation. It is important to determine the condition of suspended
animation to prevent premature burial.
SIGNS OF DEATHS
 CESSATION OF HEART ACTION AND
CIRCULATION
• There must be an entire and continuous cessation of the heart action
and flow of blood in the whole vascular system A temporary suspension
of the heart action is still compatible with life. The length of time the
heart may cease to function and life is still maintained depends upon the
length of time it is readily reestablished and upon the oxygenation of
blood at the time of the suspension. As a general rule, if there is no heart
action for a period of five minutes death is regarded as certain
 CESSATION OF HEART ACTION AND
CIRCULATION
• Respiration ceases frequently before the stoppage of heart
contraction and circulation. Usually the auricle of the heart
contracts after somatic death for a longer period than the ventricle.
And the auricle is the last to stop, hence called ultimen martens. In
judicial hanging, the heart continues to beat for twenty minutes or
half an hour after the individual has been executed although its
beating is irregular and feeble. In decapitation of criminals, heart
beating is present for an hour after decapitation has taken place.
METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION

a. Examination of the Heart:

(1) Palpation of the Pulse:
• Pulsation of the peripheral blood vessels may be made at the
region of the wrist or at the neck. The pulsation of the vessels
is synchronous with the heart beat. Occasionally the pulsation
is very imperceptible and irregular that the examiner
experience much difficulty.
 METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION
(2) Auscultation for the Heart Sound at the Precordial Area:
• The rhythmic contraction and relaxation of the heart is audible 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.
• Errors in the Method of Determining Heart Action:
• (a) The heart itself may, like other muscles, be in a state of apparent and not real
death.
• (b) The heart sound may not always be appreciable to the ear even with the aid of the
stethoscope.
 METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION
(3) Fluoroscopic Examination:
• Fluoroscopic examination of the chest will reveal the shadow
of the heart in its rhythmic contraction and relaxation
(4) BY THE USE OF ELECTROCARDIOGRAPH:

• The electrocardiograph will record the heart beat even if it is too

weak to be heard by auscultation. This is the best method of
determining heart action but quite impractical,
• The electrocardiogram (ECG or EKG) is a noninvasive test that
is used to reflect underlying heart conditions by measuring the
electrical activity of the heart..
METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION
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
such ligature is applied to the finger of a dead man, there is no such
change in color.
 METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION
2. Opening of Small Artery:
• In the living, the blood escapes in jerk and at a distance. In a dead man, the blood
vessel is white and there is no jerking escape of blood but may only ooze towards the
nearby skin
(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
greenish-yellow discoloration due to fluorescein. In a dead man, the solution will just
remain at the site of the injection.
 METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION

(4) Pressure on the Fingernails:

• If 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:
• The fingers are spread wide and the finger webs are viewed through a strong
light. In the living, the finger webs appear red but yellow in the dead.
 METHODS OF DETECTING THE CESSATION OF
HEART ACTION AND CIRCULATION
(6) Application of Heat on the Skin:
• If heated material is applied on the skin of a dead man, it will not produce true blister.
There is no sign of congestion, or other vital reactions. But if applied to a living person,
blister formation, congestion, and other vital reactions of the injured area will be observed.
(7) Palpation of the Radial Pulse:
• Palpation of the radial artery with the fingers, one will feel the rhythmic pulsation of the
vessel due to the flow of blood. No such pulsation will be observed in a dead man.
(8) Dropping of Melted Wax:
• Melted sealing wax is dropped on the breast of a person. If the person is dead, there will be no
inflammatory edema at the neighborhood of the dropped melted wax.
 CESSATION OF RESPIRATION

• Like heart action, cessation of respiration in

order to be considered as a sign of death must be
continuous and persistent. A person can hold his
breath for a period not longer than 3-1/2
minutes.
 METHODS OF DETECTING CESSATION OF
RESPIRATION
a. Expose the chest and abdomen and observe the
movement during inspiration and expiration.
b. Examine the person with the aid of a stethoscope
which is placed at the base of the anterior aspect of the
neck and hear sound of the current of air passing
through the trachea during each phase of respiration
 METHODS OF DETECTING CESSATION OF
RESPIRATION
c. Examination with a Mirror:
• The surface of a cold-looking glass is held in front of the mouth and nostrils. If
there is dimming of the mirror after a time, there is still respiration. Ordinarily
there is no dimming of the mirror when the subject is dead.
d. Examination with a Feather or Cotton Fibers:
• Place a fine feather or a strip of cotton in front of the lips and nostrils. If there is
movement of the feather or cotton not due to external air, respiration is present.
 METHODS OF DETECTING CESSATION OF
RESPIRATION
• e. Examination with a Glass of Water:
• Place a glass half full of water at the region of the chest. If the surface of the water
is smooth and stable, there is no respiration taking place, but if it waves or
water movement is observed, then respiration is taking place.
• f. Winslow's Test:
• There is no movement of the image formed by reflecting artificial or sun light on
the water or mercury contained in a saucer and placed on the chest or abdomen if
respiration is not taking place
 COOLING OF THE BODY
(ALGOR MORTIS)
• After death no more heat is produced but the body loses
slowly its temperature by evaporation or by conduction
to the surrounding atmosphere.
• The progressive fall of the body temperature is one of
the most prominent signs of death.
 COOLING OF THE BODY
(ALGOR MORTIS)
• The rate of cooling of the body is not uniform. It is rapid
during the first two hours after death and as the temperature
of the body gradually approaches the temperature of the
surroundings, the rate becomes slower.
• The fall of temperature of 15 to 20 degrees Fahrenheit is
considered as a certain sign of death.
 COOLING OF THE BODY
(ALGOR MORTIS)
• Methods of Estimating How Long a Person Has Been Dead From the Cooling of the
Body:
• a. When the body temperature is normal at the time of death, the average rate of fall of
the temperature during the first two hours is one-half of the difference of the body
temperature and that of the air. (e.g. S 25 B 35) (35-25= 10/2 =5)
• During the next two hours, the temperature fall is one-half of the previous rate, and
during the succeeding two hours, it is one-half of the last mentioned rate.
• As a general rule the body attains the temperature of the surrounding air from 12 to 15
hours after death in tropical countries (Medical Jurisprudence and Toxicology by
Modi, 12th ed.,p. 121).
INSENSIBILITY OF THE BODY AND LOSS OF POWER TO MOVE:

• After death the whole body is insensible. No kind of

stimulus is capable of letting the, body have voluntary
movement.
• This condition must be observed in conjunction with the
cessation of heart beat and circulation and cessation of
respiration.
CHANGES IN THE SKIN:
• A. The skin may be observed to be-pale and waxy-looking due to the absence of circulation.
Areas of the skin specially the most dependent portions will develop livid discoloration on account
of the gravitation of blood.
• B. Loss of Elasticity of the Skin: Normally when the body surface is compressed, it readily
returns to normal shape. After death, application of pressure to the skin surface will make the
surface flattened. Application of pressure with the finger tip will produce fitting impression like
one observed in edema.
• Post-mortem Contact Flattening is the condition where body becomes flattened over areas
which are in contact with the surface it rests
CHANGES IN THE SKIN:
• c. Opacity of the Skin: Exposure of the hand of a living person to
translucent light will allow the red color of circulation to be seen
underneath the skin. The skin of a dead person is opaque due to the
absence of circulation.
• d. Effect of the Application of Heat: Application of melted sealing wax
on the breast of a dead person will not produce blister or inflammatory
reaction on the skin. In the living, an inflammatory edema will develop
about the wax.
CHANGES IN THE BODY
FOLLOWING DEATH
 CHANGES IN THE MUSCLE
• • After death, there is complete relaxation of the whole
muscular system. The entire muscular system is
contractile for three to six hours after death, and later
rigidity sets in. Secondary relaxation of the muscles
will appear just when decomposition has set in.
 CHANGES IN THE MUSCLE
• The Entire Muscular Tissue Passes Three Stages After Death:
• Stage of primary flaccidity (post-mortem muscular irritability):
• The muscles are relaxed and capable of contracting when stimulated. The pupils are
dilated, the sphincters are relaxed, there is incontinence of urination and defecation.
• This stage usually lasts about three to six hours after death. In warm places, the
average duration is only one hour and fifty-one minutes (Mackenzie cited by
Modi, p. 122).
 CHANGES IN THE MUSCLE
• b. Stage of Post-mortem Rigidity, or Cadaveric Rigidity, or Death Stiffening, or "Death
Struggle of Muscles" or rigor mortis
• The whole body becomes rigid due to the contraction of the muscles. This develops three to
six hours after death and may last for twenty-four to thirty-six hours.
• Three to six hours after death the muscles gradually stiffen. It usually starts at the muscles
of the neck and lower jaw and spreads downwards to the chest, arms, and lower limbs.
Usually the whole body becomes stiff after twelve hours
 CHANGES IN THE MUSCLE
• In temperate countries it usually appears three to six hours
after death, but in warmer countries it may develop earlier.
• In temperate countries, rigor mortis may last for two or three
days but in tropical countries the usual duration is twenty-
four to forty-eight hours during cold weather and eighteen
to thirty-six hours during summer. When rigor mortis sets in
early, it passes off quickly and vice versa.
 CHANGES IN THE MUSCLE
• Conditions Simulating Rigor Mortis:
• (1) Heat Stiffening:
• If the dead body is exposed to temperatures above 75°C it will coagulate the
muscle proteins and cause the muscles to be rigid. The stiffening is more or
less permanent and may not be easily affected by putrefaction. The body
assumes the "pugilistic attitude" with the lower and upper extremities flexed
and the hands clenched because the flexor muscles are stronger than the
extensors.
"PUGILISTIC ATTITUDE"
 CHANGES IN THE MUSCLE

• Cold Stiffening:
• The stiffening of the body may be manifested when the body is
frozen, but exposure to warm condition will make such
stiffening disappear. The cold stiffening is due to the
solidification of fat when the body is exposed to freezing
temperature
 CHANGES IN THE MUSCLE
• Cadaveric Spasm or Instantaneous Rigor:
• This is the instantaneous rigidity of the muscles which occurs at the
moment of death due to extreme nervous tension, exhaustion and
injury to the nervous system or injury to the chest.
• The findings of weapon, hair, pieces of clothing, weeds on the palms of the
hands and firmly grasped is a very important medico-legal point in the
determination whether it is a case of suicide, murder or homicide.
 CHANGES IN THE MUSCLE
• Distinctions Between Rigor Mortis and Cadaveric Spasm:
• Time of Appearance:
• Rigor mortis appears three to six hours after death, while cadaveric spasm
appears immediately after death.
• Muscles Involved:
• Rigor mortis involves all the muscles of the body whether voluntary or
involuntary, while cadaveric spasm involves only a certain muscle or group of
muscles and are asymmetrical.
 CHANGES IN THE MUSCLE
• Distinctions Between Rigor Mortis and Cadaveric Spasm:
• Occurrence:
• Rigor mortis is a natural phenomena which occurs after death, while cadaveric
spasm may or may not appear on a person at the time of death.
• Medico-Legal Significance:
• Rigor mortis may be utilized by a medical jurist to approximate the time of
death, while cadaveric spasm may be useful to determine the nature of the crime.
 CHANGES IN THE MUSCLE
• . Stage of Secondary Flaccidity or Secondary Relaxation:
• After the disappearance of rigor mortis, the muscle becomes soft and
flaccid. It does not respond to mechanical or electrical stimulus. This is
due to the dissolution of the muscle proteins which have previously been
coagulated during the period of rigor mortis.
CHANGES IN THE
BLOOD
 A. COAGULATION OF THE BLOOD:

• The stasis of the blood due to the cessation of

circulation enhances the coagulation of blood inside
the blood vessels.
• Blood- may remain fluid inside the blood vessels after
death for (6 to 8 hours.
 POST-MORTEM LIVIDITY OR CADAVERIC
LIVIDITY, OR POST-MORTEM
• Suggillation or Post-mortem Hypostasis or Livor Mortis:
• The stoppage of the heart action and the loss of tone of blood vessels
cause the blood to be under the influence of gravity. Blood begins to
accumulate in the most dependent portions of the body. the whole
area becomes dull-red or purplish in color known as post-mortem
lividity. If the body is lying on his back the lividity will develop on the
back.
 POST-MORTEM LIVIDITY OR CADAVERIC LIVIDITY, OR POST-
MORTEM

• Ordinarily, the color of post-mortem lividity is dull-red

or pink or purplish in color, but in death due to carbon
monoxide poisoning, it is bright pink. Exposure of the
dead body to cold or hot may cause post-mortem
lividity to be bright-red in color.
 POST MORTEM LIVIDITY CONTINUED

• The lividity usually appears three to six hours after

death and the condition increases until the blood
coagulates. The time of its formation is accelerated in
cases of death due to cholera, uremia and typhus fever.
Twelve hours after death, the post-mortem lividity is
already fully developed. It also involved internal organs
 PHYSICAL CHARACTERISTICS OF POST-
MORTEM LIVIDITY:

• (1) It occurs in the most extensive areas of the most dependent

portions of the body.
• (2) It only involves the superficial layer of the skin.
• (3) It does not appear elevated from the rest of the skin.
• (4) The Color is uniform but the color may become greenish at the
start of decomposition.
• (5) There is no injury of the skin.
 KINDS OF POST-MORTEM (CADAVERIC)
LIVIDITY:
• Hypostatic Lividity:
• The blood merely gravitates into the most dependent portions
of the body but still inside the blood vessels and still fluid in
form. Any change of position of the body leads to the
formation of the lividity in another place. This occurs during
the early stage of its formation.
 KINDS OF POST-MORTEM (CADAVERIC) LIVIDITY:

• Diffusion Lividity
• This appears during the later stage of its formation when the
blood has coagulated inside the blood vessels or has diffused
into the tissues of the body. Any change of position will not
change the location of the lividity
 IMPORTANCE OF CADAVERIC LIVIDITY:
• (1) It is one of the signs of death.
• (2) It may determine whether the position of the body has been changed after its
appearance in the body.
• (3) The color of the lividity may indicate the cause of death.
• Example: a. In asphyxia, the lividity is dark.
• b. In carbon monoxide poisoning, the lividity is bright pink
• c. If the body is found for considerable time in snow or ice the lividity is bright red.
• (4) It may determine how long the person has been dead.
• (5) It gives us an idea as to the time of death.
 POINTS TO BE CONSIDERED WHICH MAY INFER THE
POSITION OF THE BODY AT THE TIME OF DEATH

a.Posture of the body when found:

•The body may become rigid in the position in
which he died. Post-mortem lividity may develop in
the assumed position. This condition may occur and
is of value if the state and position of the body was
not moved before rigidity and lividity took place.
 POINTS TO BE CONSIDERED WHICH MAY INFER THE
POSITION OF THE BODY AT THE TIME OF DEATH

• b. Post-mortem Hypostasis (Lividity):

• Hypostatic lividity will be found in areas of the body which comes
in contact with the surface where the body lies. If there is already
coagulation of blood or if blood has already diffused into the tissues
of the body, a change of position will not alter the location of the
post-mortem lividity.
 POINTS TO BE CONSIDERED WHICH MAY INFER THE
POSITION OF THE BODY AT THE TIME OF DEATH

• c. Cadaveric Spasm:
• In violent death, the attitude of parts of the body may infer position
on account of the spasm of the muscles.
• Example: (1) In drowning, the victim may be holding the sea weeds.
• (2) In suicide, the wounding weapon may be grasped tightly by the
hands
 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
 LIQUEFACTION OF THE SOFT TISSUES:

• As decomposition progresses, the soft tissues of

the body undergo softening and liquefaction. The
eyeballs, brain, stomach, intestine, liver and
spleen putrefy rapidly, while highly muscular
organs and tissues relatively putrefy late
 SPECIAL MODIFICATION OF
PUTREFACTION:
• a. Mummification:
• Mummification is the dehydration of the whole body which results
in the shivering and preservation of the body. It usually occurs
when a dead body is buried in a hot, and arid place with dry
atmosphere and with free access of hot air.. The internal organs may
be shrunken, hard and with a dark brown or black color
 KINDS OF MUMMIFICATION:

Natural Mummification;
•When a person is buried in hot, arid, sandy soil,
there will be insufficient moisture for the growth and
multiplication of putrefactive bacteria. The body will
become dehydrated and mummified which is caused
by the forces of nature.
 KINDS OF MUMMIFICATION:
• (2) Artificial Mummification:
• The principles involved in artificial mummification are:
• (a) Acceleration of the evaporation of the tissue fluid of the body before
the actual onset of decomposition.
• (b) Addition of some body preservatives to inhibit decomposition and to
allow evaporation of fluid. This is made by treatment of the body with
arsenic, formalin, resinous or tarry materials.
 SAPONIFICATION OR ADIPOCERE
FORMATION:
• This is a condition wherein the fatty tissues of the body are transformed to soft
brownish-white substance known as adipocere. The layer of subcutaneous tissue
is the frequent site of its formation. It occurs naturally in the visceral organs and
even in non-fatty tissues of the body like the muscles.
• Adipocere is a waxy material, rancid or moldy in odor, floats in water, and
dissolves in ether and alcohol. With diluted solution of copper sulfate, it gives a
light greenish-blue color. It is inflammable and burns with a faint yellow flame.
DURATION OF
DEATH
CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 1. Presence of Rigor Mortis:
• In warm countries like the Philippines, rigor mortis sets in from 2 to 3
hours after the death. It is fully developed in the body after 12 hours.
It may last from 18 hours to 36 hours and its disappearance is
concomitant with the onset of putrefaction.
• 2. Presence of Post-mortem Lividity:
• Post-mortem lividity usually develops 3 to 6 hours after death. It first
appears as a small petechia-like red spots which later coalesce with
each other to involve bigger areas in the most dependent portions of
the body depending upon the position assumed at the time of death.
 CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 3. Onset of Decomposition:
• In the Philippines like other tropical countries, decomposition is early and the average
time is 24 to 48 hours after death. It is manifested by the presence of watery, foul-
smelling froth coming out of the nostrils and mouth, softness of the body and presence of
crepitation when pressure is applied on the skin.
• 4. Stage of Decomposition:
• The approximate time of death may be inferred from the degree of decomposition,
although it must be made with extreme caution. There are several factors which modify
putrefaction of the body.
CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 5. Entomology of the Cadaver:
• In order to approximate the time of death by the use of the flies
present in the cadaver, it is necessary to know the life cycle of the
flies. The common flies undergo larval, pupal and adult stages. The
usual time for the egg to be hatched into larva is 24 hours so that by
the. mere fact that there are maggots in the cadaver, one can conclude
that death has occurred more than 24 hours.
CONSIDERATION IN DETERMINING DURATION
OF DEATH

• 6. Stage of Digestion of Food in the Stomach:

• It takes normally 3 to 4 hours for the stomach to evacuate its
contents after a meal. The approximate time of death may be
deduced from the amount of food in the stomach in relation to
his last meal. This determination is dependent upon the amount
of food taken and the degree of tonicity of the stomach.
CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 7. Presence of Live Fleas in the Clothing in Drowning Cases:
• A flea can survive for approximately 24 hours submerged in water. It can no longer be
revived if submerged more than that period. In temperate countries, people use to wear
woolen clothes. If the body is found in water, the fleas may be found in the woolen
clothing. The fleas recovered must be placed in a watch glass and observed if it is still
living. If the fleas still could move, then the body has been in water for a period less than
24 hours. Revival of the life of the fleas is not possible if they are in water for more than
24 hours.
 CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 8. Amount of Urine in the Bladder:
• The amount of urine in the urinary bladder may indicate the time of death when taken
into consideration, he was last seen voiding his urine. There are several factors which
may modify urination so it must be utilized with caution.
• 9. State of the Clothing:
• A circumstantial proof of the time of death is the apparel of the deceased. If the victim
is wearing street clothes, there is more like hood that death took place at daytime, but
if in night gown or pajama, it is more probable that death occurred at night time.
 CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 10. Chemical Changes in the Cerebrospinal Fluid (15 Hours Following Death):
• a. Lactic acid increases from 15 mg. to 200 mg. per 100 cc.
• b. Non-protein nitrogen increases from 15 to 40 mg.
• c. Amino-acid concentration rises from 1 to 12% following death.
• 11. Post-mortem Clotting and Decoagulation of Blood:
• Blood clots inside the blood vessels in 6 to 8 hours after death. Decoagulation of blood occurs at the
early stage of decomposition. The presence of any of these conditions may infer the approximate
duration of death.
 CONSIDERATION IN DETERMINING DURATION
OF DEATH
• 12. Presence or Absence of Soft Tissues in Skeletal Remains:
• Under ordinary condition, the soft tissues of the body may disappear 1 to 2 years time after burial.
The disappearance of the soft tissues varies and are influenced by several factors. When the body is
found on the surface of the ground, aside from the natural forces of nature responsible for the
destruction of the soft tissues, external elements and animals may accelerate its destruction.
• 13. Condition of the Bones:
• If all of the soft tissues have already disappeared from the skeletal remains, the degree of erosion of
the epiphyseal ends of long bones, pulverization of flat bones and the diminution of weight due to
the loss of animal matter may be the basis of the approximation.
 HOMICIDE (GENERIC)
INVESTIGATION
 A. UPON RECEIPT OF CALL/WALK-IN
COMPLAINT. THE DUTY DESK OFFICER SHALL:

1.Record the time it was reported;

2.Get the identity of the caller/complainant;
3.Get the place of the incident;
4.Get the nature of the incident;
5.Get the number of victims;
 A. UPON RECEIPT OF CALL/WALK-IN
COMPLAINT. THE DUTY DESK OFFICER SHALL:
4. Record the brief synopsis of the incident;
5. Direct the nearest mobile car/beat patrollers or the nearest
police precinct to act as first responder equipped with a camera
and “police line” to secure the place of incident; and
6. Inform the duty investigator (preferably one team of
investigator).
 GUIDELINES IN HOMICIDE
INVESTIGATION
1. Record the time the call was received as well as the time of arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and
photographed. The position of evidence should be measured and/or photographed in
reference to permanent fixtures in the crime scene.
4. Pay attention to the wound inflicted which may have caused the death of the victim and
how it was committed.
5. Designate one person to pick up all physical evidence. No one should touch or move
anything unless and until the fingerprint technician has finished his tasks.
 GUIDELINES IN HOMICIDE
INVESTIGATION
6.A systematic, detailed search of the crime scene should be
conducted.
7.Colored as well as black-and-white photographs should be taken.
8.Look for physical evidence that will tend to prove the elements of
the crime under investigation.
9.Take note of unusual odors, symbols, fetishes, rituals.
10.When the body is finally moved, attention should be given to the
area beneath the body
 GUIDELINES IN HOMICIDE
INVESTIGATION
11.While moving the body, use a rubber sheet to prevent contaminating the crime
scene with spilled blood.
12.Conduct a careful inspection of a dead person holding a gun. (The hand of a
dead person usually has no gripping power. Therefore, if the gun was placed in
an unnatural position (Cadaveric Spasm), it may have been placed in the hand
after the death of the person).
13.Note the condition and types of food at the crime scene as the pathologist may
be able to use this information in determining whether the victim’s last meal was
eaten at the crime scene.
 GUIDELINES IN HOMICIDE
INVESTIGATION
14. The course and direction of each bullet should be determined. This applies to the
trajectory of the bullet through the body as well as the trajectory of the bullet
through a solid object at the crime scene.
15.If all slugs were not removed at the crime scene, have the body X-rayed. This is
excellent for determining the distance of fire from patterns and shows the trajectory
of the bullet through the body.
16.Take photographs of all bystanders. These may be helpful later to identify possible
witnesses or suspect (who sometimes DOES return to the crime scene).
 GUIDELINES IN HOMICIDE
INVESTIGATION
17. Try to:
a. Determine if any of the victims valuables are missing.
b. Record the color of blood stains (bright red, reddish brown, brown, black or
almost black).
c. Determine what portion of the stain is wet (just the center, completely wet,
completely dry, dry around the edges) for an estimate of time of death.
d. If the blood is wet, see if a paper clip will separate the stain as it goes through or
if the blood will flow together again.
e. Note the size, dimension and location of blood drops.
 GUIDELINES IN HOMICIDE
INVESTIGATION
f. Determine the direction and distance of blood drops.
g. Enter in your notebook details of the test to determine whether the victim
is still alive. Record if the body is cool to touch, warm, etc.
h. Record the weather, as well as weather changes (sunny to cloudy or vice-
versa).
i. Talk to everyone with whom the suspect has spoken.
j. Look for weapons which could have inflicted the wounds.
 GUIDELINES IN HOMICIDE
INVESTIGATION

k. Obtain soil samples (double handfuls) at ten-foot intervals in circles

around the body and the scene, when appropriate
l. Take samples of other items for exclusionary purposes. 
m. Obtain botanical samples when necessary.  
n. Take a temperature reading of the scene. If the body is submerged in a
bathtub, record the temperature of the water at the time of your arrival.
 GUIDELINES IN HOMICIDE
INVESTIGATION
18.If it is necessary to cut the victim’s clothing, avoid using bullet or knife holes. Where possible, cut the
clothing along seams so that the clothing can be restored to approximately its original condition.
19.The spatter pattern of blood spots should be noted as it is:
a. An aid in determining if the object or persons was in motion when the blood spattered.
b. Possible for an expert to tell you how the crime was committed as indicated by the blood spots.
c. Possible to trace every spot to its origin by observing its characteristics.
d. Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a weapon,
or it was created by some other weapon.
 GUIDELINES IN HOMICIDE
INVESTIGATION

20.BE CAUTIOUS. Remember that fingerprints may be present on light

switches, light bulbs, telephone, doorknobs, etc.
21.When fingerprints are on an object which has a dark color, consider
using fluorescent powder as the standard fingerprint powders are not as
effective in developing latent prints on such objects. Aerial photographs
of the crime scene and escape route should be taken, when possible and
practicable.
THINGS TO REMEMBER IN THE
CONDUCT OF HOMICIDE
(GENERIC) INVESTIGATION
 PLACES OF IMPORTANCE
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
4. Places where victim was seen immediately prior to his death. Who was
with him/her? What was he doing? Was this customary? Get the time.
 PLACES OF IMPORTANCE
1. Places where suspect claims he was; places where he was seen before, during
and after the crime was committed for the purpose of checking his alibi.
2. Places where evidence can be found. Weapons or poison, etc. – Where can
they be obtained? Where can they be hidden?
3. Places where the suspect and the victim were frequently seen before the
commission of the crime.
4. Place/s of suspect/s lairs.
 TIMES OF IMPORTANCE
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim’s movement preceding death
6. Time relating to suspect(s) movements.
 TIMES OF IMPORTANCE
7. Time the crime scene was turned over by the first responder to
the investigator.
8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by the
investigator and the SOCO.
10.Time the recovered evidence was turned to evidence custodian.
11.Time the investigator was dispatched.
12.Time of the arrival of SOCO team at the Crime Scene.
 PERSONS OF IMPORTANCE
1. Victim – victim’s personal background/history and his/her relationship with
other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
4. Person who reported the crime - Remember that he probably has key
information. Check out his statement.
5. Persons who stand to gain by the death. This is a sensitive matter. Be
circumspect in your approach.
6. Relatives and other sources of information.
 THINGS OF IMPORTANCE
1. Body of the deceased.
2. Properties or belongings of the deceased. Here, we may find motive.
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling objects.
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully preserved.
 HANDLING THE SUSPECT
1. Obtain the following evidence from the suspect:
The suspect’s clothing should be photographed, marked, and sent to the
crime laboratory for examination.
Any scratches on the suspect should be photographed.
Fingernail scrapings should be obtained.
Take blood samples from the suspect in a medically approved manner
and with proper legal justification.
Take hair samples.
 HANDLING THE SUSPECT
Have the fingerprint technician check the paper money which may have
been taken from the victim’s house for the victim’s fingerprints.
Check the suspect’s personal effects very closely for items of evidentiary
value.
Obtain teeth mark impressions when appropriate.
Semen samples in rape or rape with homicide cases should be obtained
medically.
Consider polygraph examinations
 HANDLING THE SUSPECT
2. Never take a suspect or a subject to the crime scene in the clothing
he was wearing at the time he was arrested. (This includes shoes.)
The accused lawyer may later claim that the clothing was
contaminated at the scene of the crime.
3. Attempt to ascertain the following:
The suspect’s mode of living as compared to the amount of his
income.
 HANDLING THE SUSPECT
The suspect’s mode of living before the crime as compared to
his mode of living after the crime. (Compare his financial
condition before the crime with his financial condition after the
crime).
Compare his behavior before the crime with his behavior after t
the crime.
Make a methodical and complete check of the suspect’s alibi.
 BODY AND POST-MORTEM
1. Designate a member of the investigating team to secure the cadaver from
the scene up to the place where the autopsy will be conducted.
2. An investigating officer should remain at the autopsy area to prevent the
embalming of the cadaver and to prevent anyone from touching or
removing any of the clothing from the said cadaver until the medico-legal
officer arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the Chief of Office regarding the findings of the
medico-legal officer.
 FOLLOW-UP INVESTIGATION
1. Look for possible witness/es, who may be close friends or relatives of the victim, past
pictures of the victim with anyone, or even relatives that can possibly help in the
solution of the case.
2. Methodically interview residents in the area and record the interviews by using a tape
recorder or taking notes.
3. Re-enact the crime to possibly establish what transpired at the crime scene.
4. Return to the crime scene during the time of day the crime was committed. (As we
are all creatures of habit, possible witnesses and suspects can be located through this
technique).
 FOLLOW-UP INVESTIGATION
5. Conduct case conference for regular updates.
6. Check the victim’s and the suspect’s toll calls. (Records of toll calls are usually
retained for approximately three months by the telephone companies).
7. Present photographs and crime reports to several psychiatrists to ascertain what type
of person would commit such a crime, including the motives.
8. If there is/are already witnesses, keep them separated so that they will give what they
personally observed and not just corroborate what others are saying.
 COURT PREPARATION
1. Have a diagram of the crime scene and the location of all
evidence.
2. Make a list of the evidence on hand and what you hope to prove
with it.
3. Be prepared to show the following:
Relationship existed between the victim and the suspect.
Indications that the suspect threatened to harm the victim.
 COURT PREPARATION
Possible witnesses to the threats.
A photograph of the crime scene (before and after
processing) can be very helpful.
Review everything, including testimony, with the
prosecutor before trial.
Review with witnesses their testimony to refresh their
memory