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Legal
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EDISON JOHN A. ARRIOLA, JD
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� Branch of medicine
that deals with the
� Application of medical knowledge � To the purposes of law and � In the administration of justice
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� Knowledge of law in relation to the practice of medicine
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� Application of medical science to elucidate legal problems
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Men of Law and Justice
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� Police � Taxation � Eminent Domain
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� Constitution � Statute � Rules
� Judicial decisions applying or interpreting the laws or the Constitution form part of the legal system of the Philippines (JURISPRUDENCE).
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� Executive � Legislative � Judiciary
� Once the Supreme Court has laid down a principle of law or interpretation to a set of facts, such principle or interpretation will apply to all future cases where the facts are substantially the same (STARE DECISIS).
� Which branch is the most powerful?
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Political, Civil, Social, and Economic
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With great power comes great responsibility.
� Ignorance of the law excuses no one from compliance therewith.
� Laws shall have no retroactive effect, unless the contrary is provided.
� There is no crime where there is no law punishing it. � Laws shall take effect only after their publication.
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� Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law.
� Customs which are contrary to law, public order or public policy shall not be countenanced.
� Laws are repealed only by subsequent ones, and their violation or non-‐observance shall not be excused by disuse, or custom or practice to the contrary.
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Substantive & Adjective Law
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� CIVIL LAW – determines and regulates the relation of assistance, authority and obedience between and among members of a family and society
� CRIMINAL LAW – defines crimes, treats of their nature and provides for their punishment
� SPECIAL LAWS – statutes passed by Congress to cover areas not covered by existing laws � Special Penal Law – imposes imprisonment
� ORDINANCES – regulates acts within a local government unit
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� Dangerous Drugs � Child Welfare � Child Abuse � Violence against Women and Children � Trafficking in Persons � Sanitation � Insurance (HMO) � Labor /Employee Compensation
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Perspective
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PHYSICIAN MEDICO-‐LEGAL
INJURY Treatment Cause
PATIENT EXAMINATION
Diagnose Testify
MINOR INJURIES Ignored Recorded
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� Means, sanctioned by the Rules of Court, of ascertaining in judicial proceeding the truth respecting a matter of fact
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� Real/Object/Autoptic � Documentary � Testimonial � Experimental
Remember the “index card” example.
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Only admitted evidence can be weighed.
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ADMISSIBILITY
� Competent � Relevant
� Proof beyond reasonable doubt (criminal cases)
� Preponderance of evidence (civil cases)
� Substantial Evidence (administrative cases)
SUFFICIENCY
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� Establish Victim & Offender (Ground for Acquittal) � Settlement of Estate (Presumed Dead – 7 years) � Necessary for Some Transactions
� Encashing check � Entering premise � Delivery of parcels/mails � Contracts � Release of dead body to kin
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� Multiplicity of evidence in identification � Different points of identification (fingerprints, dental comparison)
� Visual recognition by kin � Act fast in cases of death (putrefaction destroys external bodily marks)
� Non-‐rigidity of rule in identification
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� Comparison or Exclusion � Ordinary or Scientific
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� Easily Changed � Hair Growth � Clothing � Frequented place � Grade of profession � Body ornamentations
� Not Easily Changed � Mental Memory � Speech � Gait � Mannerism � Hands and feet � Complexion � Changes in the eye � Facies � Left-‐ or right-‐handedness � Nutrition
� Fingerprinting (Visible, Plastic, Latent) � Dental Identification (PD1575, Record of Dentition) � Handwriting (Bibliotics, Graphology) � Bone Identification � Sex Determination � Age Determination (Criminal liability, exercise of rights, crime classification
� Blood Identification � Hair & Fiber Identification
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� Civil personality extinguished � Succession � Partnership dissolved � Agency extinguished � Criminal liability extinguished � Non-‐surviving claims dismissed
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� Somatic/Clinical � Complete, persistent and continuous cessation of the vital functions of the brain, heart and lungs
� Molecular/Cellular � About 3-‐6 hours after cessation of the vital functions of the body with death of individual cells
� Apparent/Suspended Animation � 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
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1. Cessation of heart action & circulation (entire and continuous)
2. Cessation of respiration (continuous and persistent) 3. Cooling of body (algor mortis) 4. Insensibility of body & loss of power to move 5. Skin changes (opacity, livid discoloration, contact
flattening, no blister) 6. Eye changes (corneal clouding, loss of corneal reflex,
eyeball flaccidity) 7. Action of heat on skin (dry blister with no redness
of surrounding skin)
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1. Primary Flaccidity � Muscles relaxed and capable of contracting when stimulated
� Pupils dilated, sphincters relaxed, incontinence 2. Post-‐mortem Rigidity
� Develops 3-‐6 hours after death � May last from 24 to 36 hours
3. Secondary Flaccidity � No longer capable of responding to mechanical or electric stimulus
� Reaction becomes alkaline
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1. Natural � Did the person die of a natural death and were the physical injuries inflicted immediately after death? � Impossible Crimes
� Was the victim suffering from a natural disease and the violence only accelerated the death? � Praeter Intentionem
� Did the victim die of a natural cause independent of the violence inflicted?
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2. Violent � Accidental � Negligent � Infanticidal Death � Parricidal Death � Murder � Homicidal Death
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1. Homicide 2. Murder 3. Parricide 4. Infanticide 5. Abortion 6. Reckless Imprudence resulting in Homicide
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� Physical violence � Heat or cold � Electrical energy � Chemical energy � Radiation by radioactive substances � Change of atmospheric pressure (barotrauma) � Infection
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� Sum total of all reactions of tissue or organ to trauma � Macroscopic or microscopic � Presence differentiates an ante-‐mortem from a post-‐mortem injury
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� Rubor � Calor � Dolor � Loss of Function
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� Injury inflicted during the agonal state since cells or tissues no longer have the potential capacity to react to trauma
� Very sudden death, giving tissues no chance to react; ie, sudden coronary occlusion
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1. As to severity 2. As to kind of instrument used 3. As to manner of infliction 4. As to depth of wound 5. As to relation of site of application of force and
location of injury 6. As to regions or organs of the body involved 7. Special types of wounds
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� Hit � Thrust or stab � Gunpowder explosion � Sliding or rubbing or abrasion
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� Stab wound � Lacerated/Avulsed wound � Incised (Sliced/cut) wound � Hacking � Contusion (bruise) � Hematoma � Gunshot wound
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� Superficial � Deep
� Penetrating � Perforating
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� Coup injury � Contre-‐coup injury � Coup contre-‐coup injury � Locus minoris resistencia � Extensive injury
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Ante-‐Mortem � Copious hemorrrhage, arterial
� Spouting of blood � Clotted blood � Deep staining of tissue edges, can’t be washed off
� Gaping skin edges � Inflammation and reparative processes
� Slight or none, venous
� No spouting of blood � Soft or not clotted blood � Edges not deeply stained, can be washed off
� Edges do not gape � No inflammation or reparative processes
Post-‐Mortem
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Open 1. Abrasion 2. Laceration 3. Incision 4. Puncture
1. Petechiae 2. Contusion 3. Hematoma
Close
� Defense wound � Patterned wound � Self-‐inflicted wound
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� Mutilation � Serious physical injuries � Less serious physical injuries � Slight physical injuries � Physical injuries inflicted in a tumultuous affray
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1. There is tumultuous affray 2. Participants suffered from serious physical injuries 3. The persons who inflicted such serious physical
injuries cannot be identified; and 4. All those who appear to have used violence upon
the person of the offended party shall be penalized by arrest from five to fifteen days
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