MEDICAL EVIDENCE
MEDICAL EVIDENCEEVIDENCEThe means, sanctioned by the Rules of
Court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule 128, Rules of Court)The
species of proof, or probative matter, legally presented at the
trial of an issue by the act of the parties and through the medium
of witnesses, records, documents, concrete objects for the purpose
of inducing belief in the minds of the Court as to their contention
(Blacks Law Dictionary)MEDICAL EVIDENCEIf the means employed to
prove a fact is MEDICAL IN NATURE
Admissibility of EvidenceRelevant to the issue
Not excluded by the RulesTypes of Medical EvidencesA. Autoptic
or RealB. TestimonialC. ExperimentalD.DocumentaryE.
PhysicalAUTOPTIC OR REAL EVIDENCEEvidence made known or addressed
to the senses of the courtPerceived through the
sensesLimitations:Indecency and Impropriety sexual crimesRepulsive
Objects cadaver, persons suffering from infectious disease
Testimonial EvidenceOral testimony and under oathThe physician as
Ordinary Witness: testifies on matters he perceived from his
patient in the course of his treatmentExpert Witness: On account of
his training and experience, he gives his opinion on a set of
medical facts. He can deduce or infer something, determine the
cause of death, render an opinion pertinent to the issue.WITNESSNOT
DISQUALIFIEDDISQUALIFIEDParties or other persons interested in the
outcome of the casePersons who have been convicted of a
crimePersons on account of his opinion on matters of religious
belief (Sec. 18, Rule 130, Rules of Court)Unsound mindChildren of
tender age and inferior capacityParties to a caseHusband or wife
without each others consentDescendant against his parents or
ascendantPrivileged Communication(Sec. 21(c), Rule 130, Rules of
Court)A person authorized to practice Medicine, Surgery or
Obstetrics cannot in a civil case, without the consent of the
patient, be examined as to any information which he may have
acquired in attending such patient in a professional capacity,
which information was necessary to enable him to act in that
capacity, and which blacken the character of the patient.REQUISITES
OF PRIVILEGED INFORMATION BETWEEN PHYSICIAN AND HIS PATIENTThe
privilege is claimed in a Civil CaseThe person against whom the
privilege is claimed is one duly authorized to practice Medicine,
Surgery or ObstetricsThe physician acquired the information while
he was attending the patient in his professional capacity, which
information was necessary to enable him to act in that capacityThe
information is confidential and, if disclosed, will tend to blacken
the character of the patient.Hearsay InformationsNot admissible in
courtA repetition of what a witness heard from other
peopleSecond-hand evidenceDying DeclarationDeclaration of a dying
person Exception to the non-admissibility of the hearsay
evidenceRequisites:The declarant was conscious of his impending
deathThe declaration must be with regards to his impending deathThe
declarant was in full possession of his mental faculties when he
made the declarationThe evidence is presented in court in a case of
homicide, murder or parricide wherein the declarant was the
victim
EXPERIMENTAL EVIDENCEExperiment done on lower animals to prove a
scientific factExample: the issue of how long a person can survive
with a lethal dose of poison is duplicated by administration of the
poison in lower animals within the view of the courtDOCUMENTARY
EVIDENCEAn instrument on which is recorded by means of letters,
figures or marks any matter which may be used as
evidenceTypes:Medical certification or reportMedical Expert
OpinionDeposition a written record of evidence given orally and
transcribed in writing in the form of question (interrogator) and
answer (deponent) and signed by the latter.
PHYSICAL EVIDENCEArticles and materials found in connection with
the investigationAid in establishing the identity of the
perpetrator (corpus delicte evidence- part of the body of the
crime)Aid in establishing the circumstances under which the crime
was committed (associative evidence links a suspect to the crime)
Assists in the prosecution of the criminal (tracing evidence-
assist in locating the suspect)Methods of Preserving
EvidencesPhotographs, Audio-video tape, microfilm,etcSketching
rough sketch, finished sketchDescription Manikin Method- miniature
model of a scene or of a human body indicating marks of
injuriesPreservation in the Mind of the WitnessSpecial Methods
embalming, use of formalin and other chemical preservatives,
refrigeration, drying, sealed containerLOCARDS PRINCIPLEWhen a
person or object comes in contact with another person or object,
there exists a possibility that an exchange of materials will take
place.Kinds of Evidence Necessary for ConvictionDirect Evidence
proves the fact in dispute without the aid of inference or
presumption
Circumstantial Evidence- the fact/facts, singly or collectively,
must prove through inference the existence of a particular fact in
dispute
