Med Jur

MEDICAL
JURISPRUDENCE
MIDTERM EXAM REVIEWER
(Updating the B2015 Midterms Reviewer)
Module 1: Gross Anatomy p. 1

Module 2: Biometrics p. 8
Module 3: DNA p. 17
Module 4: Reproduction p. 23
Module 5: Pregnancy & Abortion p. 29
Module 6: Virginity & Rape p. 36
Module 7: Paternity & Filiation p. 40
Annexes p. 47
VILLARAMA C2017 MED JUR MIDTERMS REVIEWER | 1
Definition - branch of science and medicine involving the study and application of scientific and medical knowledge to legal
problems, such as inquests, and in the field of law; application of medicine to law and vice versa.
1.2. Legal bases
1.2.1. R.A. 2382 (Medical Act of 1959) as amended by R.A. 4224 (1965) & R.A. 5946 (1969)
1.2.2. Section 5 of Rule 138, Rules of Court (Attorneys & Admission to BAR)
Section 5. Additional requirements for other applicants. All applicants for admission other than those
referred to in the two preceding section shall, before being admitted to the examination, satisfactorily show that they
have regularly studied law for four years, and successfully completed all prescribed courses, in a law school or
university, officially approved and recognized by the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following
courses in a law school or university duly recognized by the government: civil law, commercial law, remedial law,
criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
1.3. History
1.3.1. The History of Legal Medicine by Cyril H. Wecht, MD, JD Please see Annexes.
MODULE 1: GROSS ANATOMY

A. Head Regions B. Brain
C. Body Cavities
D. Chest (Thorax)
1. Pectorals, biceps, triceps, latissimus dorsi

2. Lobes of lungs, diaphragm
3. Chambers of the heart

4. Ribs, intercostals
E. Abdominal Organs (liver, kidneys, small intestines and colon, abdominal aorta)
F. Extremities
Remember: Reference point for radius and ulna is the thumb.

The radius is on the same side as the thumb.
II. POSITIONAL TERMS
Body Planes
1. coronal
2. sagittal
3. transverse
Directional terms
1. anterior/posterior
2. ventral/dorsal
3. rostral/caudal
4. medial/lateral
5. proximal/distal
6. superior/Inferior
7. cephalad/caudad
Reference Lines
1. anterior median line

2. posterior median line
3. mid-clavicular line
4. mid-scapular line
5. anterior axillary line
6. posterior axillary line
7. mid-axillary line
D. Abdominal regions and planes

1. right upper quadrant, left upper quadrant,
right lower quadrant, left lower quadrant
2. epigastric region, pubic region, right/left
flanks, right/left hypochondrium, right/left
groin
3. Subcostal plane and inter tubercular plane
4. costal margin
5. costal angle
Case: PEOPLE v. DE LEON, G.R. No. 197546, March 23, 2015

Summary: Accused were charged with robbery with homicide. Testimony of the wife of the victim states that they were
walking along A. Bonifacio street when the accused block their way, hit her husband with a lead pipe and a samurai, and shot
him with a sumpak, causing his death. The accused then took his wallet with 7,000. RTC convicted the accused but the
conviction was only for murder (abuse of superior strength because 4 of them were armed) because the robbery was not
proven. CA affirmed conviction but added a conviction for robbery. Accused argues self-defense because they had an
altercation with the victim before, and when they saw each other, victim tried to pull something out, turns out it was a
sumpak, during the grapple, it fired, hitting victim. SC affirms conviction of murder only stating that the medico legal findings
contradict the argument of self-defense. Location of wounds:
HEAD AND NECK:
1. Lacerated wound, right parietal region, measuring 4 x 3 cm, 7 cm from the mid-sagittal line.
2. Contusion, right mandibular region, measuring 11 x 2 cm, 7 cm from the anterior midline.
3. Contusion, nasal region, measuring 3 x 2.5 cm, along the anterior midline.
4. Hematoma, left parietal region, measuring 5 x 4 cm, 8 cm from the anterior midline.
5. Contusion, left cheek, measuring 11 x 3 cm, 8 cm from the anterior midline.
6. Contusion, left lateral neck region, measuring 6 x 3 cm, 4 cm from the anterior midline.
7. Lacerated wound, occipital region, measuring 5 x 1.8 cm, bisected by the anterior midline.
8. There is a scalp hematoma at the right parieto-occipital region.
9. There are subdural, sub arachnoid hemorrhages at the right celebrum.
10. The right parietal bone is fractured.
TRUNK AND ABDOMEN:

1. Gunshot wound, right chest, measuring 2.6 cm x 2.3 cm, 4 cm from the anterior midline, 112 cm from the right heel,
directed posteriorwards, downwards, and slightly lateralwards, fracturing the 6th and 7th ribs, lacerating the lower
lobe of the right lung, diaphragm, right lobe of the liver with the deformed plastic wad embedded, right kidney with
2 lead pellets found embedded and the aorta with 3 pellets embedded thereat and 2 lead pellets found at the right
thoracic cavity.
2. Contusion, right shoulder region, measuring 12 x 3 cm, 8 cm from the posterior midline.
3. Abrasion, right shoulder region, measuring 3.5 x 2 cm, 12 cm from the posterior midline.
4. Contusion, left shoulder region, measuring 4 x 2 cm, 6 cm from the posterior midline.
EXTREMITIES:
1. Contusion, left elbow, measuring 8 x 2 cm, 5 cm medial to its posterior midline.
2. Abrasion, dorsal aspect of the left hand, measuring 0.6 x 0.3 cm, 3 cm medial to its posterior midline.
Module 2: BIOMETRICS
I. BIOMETRICS- is the method of identification of a person based on his/her physiological or behavioural characteristics; this is
a more reliable approach to solving the personal identification problem.
History:
5th-4th B.C Physiognomy: human face Zopyrus, Aristotle
1830-40s Racial classification Prichard, Morton, Blumenbach
Craniometry : The branch of physical anthropology dealing with
1890 the study and measurement of dry skulls after removal of its soft Broca
parts
Anthropometry: Measurement and study of the human body and Bertillon
1914
its parts and capacities
Sir John Herschel (1859), Sir Francis Galton
1859-96 Fingerprint classification (1892), Rai Bahadur Hem Chandra Bose &
Azizul HaqueSir Edward Henry (1896)
1987 Iris patterns Leonard Flom, Aran Safir, John Daugman
Basic Applications:
The problem of resolving the identity of a person can be categorized into two fundamentally distinct types of problems:
1) Verification (authentication) which refers to the problem of confirming or denying a persons claimed identity
2) Recognition (Who am I?) which refers to the problem of establishing a subjects identity
Applications of biometrics
Physical access
Attendance & time control
Products
Professional services
Social services
Forensics
Immigration
Personal documents
Fingerprint is the individual pattern on pulp of each terminal phalanx. A fingerprint is believed to be unique to each person
(and each finger). There is some anecdotal evidence that a fingerprint expert once found two (possibly latent) fingerprints
belonging to two distinct individuals having 10 identical minutiae.
Palmprint is a smoothly flowing pattern formed by alternating crests (ridges) and troughs (valleys) on the palmar aspect of
hand. Its formation depends on the initial conditions of the embryonic mesoderm from which they develop.
Fingerprint sensing
Two (2) primary methods of capturing a fingerprint image:

1. inked (off-line) -- a trained professional obtains an impression of an inked finger on a paper and the impression is
then scanned using a flat bed document scanner
2. live scan (ink-less) -- collective term for a fingerprint image directly obtained from the finger without the intermediate
step of getting an impression on a paper. The most popular technology to obtain a live-scan fingerprint image is
based on optical frustrated total internal reflection (FTIR) concept
Imaging Techniques:
1. Ink Impressions
2. X-Ray imaging
3. Optical Imaging
4. Ultrasonic Imaging
5. Capacitance imaging
How Integrated Systems work

Limitations
1. No fingers (congenital, amputations)
2. Blurred prints
3. Dessication
4. Deformities (congenital, disease states)
5. Extra fingers
6. Decomposition
Fingerprint representations
1. Local -- Major representations of the local information in fingerprints are based on the entire image, finger ridges,
pores on the ridges, or salient features derived from the ridges, collectively known as minutiae. Typically, minutiae-
based representations rely on locations of the minutiae and the directions of ridges at the minutiae location
2. Global -- Fingerprint classification identifies the typical global representations of fingerprints. Some global
representations include information about locations of critical points (e.g., core and delta) in a fingerprint.
ARCHS
Simple or Plain
Tented
LOOPS
Ulnar
Radial
WHORLS
Plain whorl
Central pocket
loop
Double loops
Accidental whorl
Fingerprint matching
Given two (input and template) sets of features originating from two fingerprints, the objective is to determine whether or not
the prints represent the same finger. Fingerprint matching has been approached from several different strategies, like image-
based, ridge pattern-based, and point (minutiae) pattern- based fingerprint representations.
There are two major challenges involved here :

1) dirt/leftover smudges on the sensing device and the presence of scratches/cuts on the finger either introduce
spurious minutiae or obliterate the genuine minutiae; and
2) variations in the area of finger being imaged and its pressure on the sensing device affect the number of genuine
minutiae captured and introduce displacements of the minutiae from their true locations due to elastic distortion of
the fingerprint skin.
ODONTOMETRICS
Positional Terms
i. lingual/facial surfaces
ii. mesial/distal surfaces
iii. incisal/occlusal surfaces
P.D. 1575 DENTAL RECORDS LAW OF 1978

REQUIRING PRACTITIONERS OF DENTISTRY TO KEEP RECORDS OF THEIR PATIENTS
WHEREAS, the identification of persons is a necessary factor in solving crimes and in settling certain disputes such as
claims for damages, insurance, and inheritance;
WHEREAS, in those cases where the identification of persons cannot be established through the regular means,
identification through definition has been proven to be necessary and effective;
WHEREAS, however, records of dentition of persons are often not available due to the lack of systematic recording by
dental practitioners of the dental history of their patients.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree the following:
Section 1. It shall be obligatory upon all practitioners of dentistry to keep and maintain an accurate and complete
record of the dentition of all their patients which shall include a history and description of the patients dentition and the
treatments made thereon.
Section 2. Upon the lapse of ten years from the last entry, dental practitioners shall turn over the dental records of
their patients to the National Bureau of Investigation for record purposes: Provided, that the said practitioners may retain
copies thereof for their own files.
Section 3. Any violation of the provisions of this Decree shall be punishable by a fine of not less than one hundred
pesos nor more than one thousand pesos.
Section 4. This Decree shall take effect immediately.
IRIS PATTERNS
FACIAL RECOGNITION
II. BEHAVIOMETRICS (gait, signature, handwriting, voice, scent)
A. HANDWRITING
1. Graphonomics/handwriting movement analysis - is the interdisciplinary field directed towards the scientific analysis
of the handwriting process, product, and other graphic skills. Researchers in handwriting recognition, forensic
handwriting examination, kinesiology, psychology, computer science, artificial intelligence, paleography and
neuroscience cooperate in order to achieve a better understanding of the human skill of handwriting. Research in
graphonomics generally involves handwriting movement analysis in one form or another.
2. Holographs/autographs
3. Handwriting automations
B. FORGERY
1. Types of forgery (blind, simulated, tracing & printing)
2. Basis for determining authenticity (form, line quality, formatting & content)
3. Indicators of forgery (slowness of execution, touching up change of hold (pressure), wavering (tremor), uncertain
interrupted strokes, marked variation of angles)
4. Points of comparison (uniformity, irregularities, size & proportion, connecting letters, continuity, alignment (line
habits), spacing, degree of slant, weight of strokes (pen pressure), t-bars and i-dots, loops, circle formation, the needle,
the wedge, the round, the flat, initial and final strokes
5. Forgery detection tools (magnifying glasses, microscopes, electron microscopy, digital imaging, 3-D imaging
softwares, Infrared, ultraviolet, visible filter, infrared luminescence and ultraviolet fluorescence,side or oblique lighting
or electrostatic detection apparatus (ESDA)
6. Research advances in forgery detection (wavelets & statistics, fractal number, 3D Microprofilometry)
C. VOICE
1. anatomical basis of voice production (larynx, vocal chords, respiratory system, brain areas for speech production)
2. speech recognition
3. speaker recognition (speaker identification; speaker verification; diarization)
Case: PEOPLE v. MEDINA, G.R. No. L-38434, December 23, 1933

Summary: Medina was charged with robbery of the Rockwells home. A box was found at the scene of the crime (which was
taken from Mrs Rockwells room) bearing the impression of his fingerprints having 10 points of identity with respect to the
endings of ridges, the bifurcation of the ridges, and the core. SC upheld his conviction based on the testimony of the
fingerprint expert. The Galton details, the ends, forks, islands and so on, are so numerous and so variable that even in a small
area a duplication is impossible. Since all the infinite possibilities in the formation of the ridges are widely open in each
individual, no two people in the world can have, even over a small area, the same set of details, similarly related to the
individual units. The 10 points of identity are: Upward (ascending) end of a ridge (4 pts); Downward end of a ridge (1 point);
Both ends of a short ridge (2 pts) ; Core (number and location) (1 point); Bifurcation/forks (number and location) (2 pts)
Characteristics are the peculiarities of the ridges, such as abrupt endings, bifurcations, the formation of what is termed an
island, short ridge lines, ridge dots, some peculiarity as to the information of the delta or core. Any peculiarity out of the
ordinary may be considered a characteristic point, and serve as a means of identification. The Galton details, the ends, forks,
islands and so on, are so numerous and so variable that even in a small area a duplication is impossible. Since all the
infinite possibilities in the formation of the ridges are widely open in each individual, no two people in the world can have,
even over a small area, the same set of details, similarly related to the individual units. The only possible confusion might
result from an area so small and so featureless as to show nothing but complete and parallel ridges, and without details, and
could never occur in connection with the formation of a pattern, where the ridges are called upon to make eccentric turns,
and to fill up spaces of irregular shape.
Case: LEE v. PEOPLE, G.R. No. 192274, February 8, 2012
Summary: Lee was charged with 8 Informations of Estafa through Falsification of Commercial Documents. He filed a Motion for
Document and Handwriting Examination by NBI. This was denied by the RTC and affirmed by the CA. The SC agreed with the 2
lower courts. It said that the RTC is correct in saying the accused has the option to utilize the concerned NBI intended witness
during the presentation of defense evidence.
Any finding of the NBI is not binding on the courts. It will still be subject to its scrutiny and evaluation in line with Section 22 of
Rule 132. Nevertheless, the accused should not be deprived of his right to present his own defense. The court should not
control how he will defend himself as long as the steps to be taken will not be in violation of the rules.
Module 3: DNA
I. CELLS, CHROMOSOMES, GENES AND DNA BASICS
DNA, or deoxyribonucleic acid, is the fundamental building block of a persons entire genetic makeup. DNA is
present in all human cells and is the same in every cell (Figure 1). It is composed of sugar, phosphate and nitrogen bases
namely Adenine (A), Guanine (G), Cytosine (C) and Thymine (T). The order of the nitrogen bases determines the so-called DNA
sequence. Several DNA molecules make up a gene. Humans have 22 pairs of body chromosomes (autosomes) and 1 pair of
sex chromosomes per body cell. The genetic make-up of each individual is unique (except for identical twins) and may be
used to identify a person.
II. DNA PROFILING

The method of fingerprinting using an individuals DNA (DNA fingerprinting) was invented by Alec Jeffreys in 1984
at the University of Leicester while studying the human myoglobin gene. The technique developed, called Restriction
Fragment Length Polymorphism (RFLP), utilizes a special class of enzymes (restriction enzymes) to cut human DNA into
smaller fragments that can be visualized as distinct banding patterns. Since then, other techniques have been developed.
These include the use of the reverse dot blot methods for the characterization of the human leukocyte antigen DQ a (HLA-
DQa) and other Polymarkers, sequencing of mitochondrial DNA, and the amplification of non-coding regions of the human
chromosome with variable number of tandem repeats (VNTR) or short tandem repeats (STR) via the Polymerase Chain
Reaction or PCR.
A. Structural basis for identification

DNA sequence is composed of introns and exons.
Introns are sequences of a eukaryotic gene's DNA that is not translated into a protein
Exons are sequences of a gene's DNA that transcribes into protein structures
Exons are intercepted bt introns. There are more introns that exons
B. Short tandem repeats

STR markers are short DNA regions characterized by repeated sequences. Individuals may possess different numbers
of repeats per copy of the STR marker (known as allele) without affecting their overall metabolism. PCR-based methods that
target highly polymorphic STR markers are currently the most prevalent procedures worldwide. This technology is preferred
by many laboratories due to the extensive genetic variability of STR markers, the high success rate in generating DNA pro les
with small quantities of DNA, the availability of standard kits and protocols, and the relative ease of DNA analysis.
C. Polymerase chain reaction (PCR)

PCR is a process used to amplify a single copy or a few copies of a piece of DNA across several orders of magnitude,
generating thousands to millions of copies of a particular DNA sequence. The method relies on thermal cycling, consisting of
cycles of repeated heating and cooling of the reaction for DNA melting and enzymatic replication of the DNA. Primers (short
DNA fragments) containing sequences complementary to the target region along with a DNA polymerase, which the method
is named after, are key components to enable selective and repeated amplification. As PCR progresses, the DNA generated is
itself used as a template for replication, setting in motion a chain reaction in which the DNA template is exponentially
amplified. PCR can be extensively modified to perform a wide array of genetic manipulations.
D. Profiling process
E. Codis (US & UK) - Combined DNA Index System (CODIS) is the FBI's program of support for criminal justice DNA databases
as well as the software used to run these database
III. RULE ON DNA EVIDENCE (selected provisions)
Sec. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu proprio or on application of
any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and
notice to the parties upon a showing of the following:
6. A biological sample exists that is relevant to the case;
7. The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was
previously subjected to DNA testing, but the results may require confirmation for good reasons;
8. The DNA testing uses a scientifically valid technique;
9. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of
the case; and
10. The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity
of the DNA testing.
This Rule shall not preclude a DNA testing, without need of a prior court order, at the
behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.
Sec. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have been complied with, the court
shall '
a. Order, where appropriate, that biological samples be taken from any person or crime scene evidence;
b. Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing
process and the reliability of the test results, including the condition that the DNA test results shall be simultaneously
disclosed to parties involved in the case; and
c. If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other or
the adverse party and where additional biological samples of the same kind can no longer be obtained, issue an
order requiring all parties to the case or proceedings to witness the DNA testing to be conducted.
An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari
initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The
grant of DNA testing application shall not be construed as an automatic admission into evidence of any component of the
DNA evidence that may be obtained as a result thereof.
Sec. 6. Postconviction DNA Testing. Postconviction DNA testing may be available, without need of prior court order, to the
prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such
sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of
conviction.
Sec. 7. Assessment of probative value of DNA evidence. In assessing the probative value of the DNA evidence presented,
the court shall consider the following:
a. The chair of custody, including how the biological samples were collected, how they were handled, and the
possibility of contamination of the samples;
b. The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and
disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any reputable standards setting institution and the
qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the
laboratory in forensic casework and credibility shall be properly established; and
d. The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.
Sec. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing methodology is reliable, the court
shall consider the following:
a. The falsifiability of the principles or methods used, that is, whether the theory or technique can be and has been
tested;
b. The subjection to peer review and publication of the principles or methods;
c. The general acceptance of the principles or methods by the relevant scientific community;
d. The existence and maintenance of standards and controls to ensure the correctness of data generated;
e. The existence of an appropriate reference population database; and
f. The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and
the significance and limitation of statistical calculations used in comparing DNA profiles.
Sec. 9. of DNA Testing Results. In evaluating the results of DNA testing, the court shall consider the following:
a. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;
b. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that
c. DNA results that exclude the putative parent from paternity shall be conclusive proof of nonpaternity. If the value of
the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative
evidence. If the value of the Probability of Paternity is 99.9% or higher there shall be a disputable presumption of
paternity.
Sec. 10. Postconviction DNA Testing Remedy if the Results Are Favorable to the Convict. The convict or the prosecution
may file a petition for a writ of habeas corpus in the court of origin if the results of the postconviction DNA testing are
favorable to the convict. In the case the court, after due hearing finds the petition to be meritorious, if shall reverse or modify
the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.
A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which
may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders.
Sec. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA testing shall be confidential.
Except upon order of the court, a DNA profile and all results or other information obtained from DNA testing shall only be
released to any of the following, under such terms and conditions as may be set forth by the court:
3. Person from whom the sample was taken;
4. Person from whom the sample was taken;
5. Lawyers of private complainants in a criminal action;
6. Duly authorized law enforcement agencies; and
7. Other persons as determined by the court.
Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court
order shall be liable for indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be
offered and presented.
Where the person from whom the biological sample was taken files a written verified request to the court that allowed
the DNA testing for the disclosure of the DNA profile of the person and all results or other information obtained from the DNA
testing, he same may be disclosed to the persons named in the written verified request.
Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality, including all biological
samples, DNA profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may
order the appropriate government agency to preserve the DNA evidence as follows:
In criminal cases:
i. for not less than the period of time that any person is under trial for an offense; or
ii. in case the accused is serving sentence, until such time as the accused has served his sentence;
In all other cases, until such time as the decision in the case where the DNA evidence was introduced has become final and
executory.
The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above,
provided that:
a. A court order to that effect has been secured; or
b. The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA
evidence.
Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall apply to cases pending
at the time of its effectivity.
IV. FORENSIC DNA ANALYSIS IN CRIMINAL INVESTIGATIONS

The presence of two or more mismatches between the evidentiary stain and suspects reference sample necessarily
excludes him as the source of the evidentiary sample. Notably, mismatches do not necessarily equate with innocence, but
merely show that the suspect is not the source of the evidentiary sample.
V. CASES
Case: PEOPLE v. VALLEJO, 431 Phil. 798 (2002)

Summary: Gerrico Samartino was accused of Rape with Homicide of a 9 year old in Cavite and sentenced to death by RTC.
Supreme Court affirmed saying that circumstantial evidence was sufficient to convict him of the crime using DNA, testimony,
and other circumstantial evidence.
In assessing the probative value of DNA evidence, therefore, courts should consider, among others things, the following data:
1. How the samples were collected
2. How they were handled
3. The possibility of contamination of the samples
4. The procedure followed in analyzing the samples
5. Whether the proper standards and procedures were followed in conducting the tests,
6. The qualification of the analyst who conducted the tests.
.Case: HERRERA v. ALBA, G.R. No. 148220, June 15, 2005

Summary: Alba filed a petition for compulsory recognition support and damages against Rosendo Herrera, who denied
paternity. Alba filed motion to direct the taking of DNA paternity testing. This was opposed by Herrera. Petitioner contended it
has not gained acceptability that and that it violates his right against self-incrimination. The Court upheld the order to conduct
the DNA paternity testing. The Court discussed the DNA process and our law anf jurisprudence on the matter. The Court found
that in our jurisdiction, DNA is admissible as evidence, However, the Court reminds that trial courts should be cautious in
giving credence to DNA analysis as evidence. The VALLEJO STANDARD should be observed. In assessing the probative value of
DNA evidence, therefore, courts should consider, among other things, the following data: how the samples were collected,
how they were handled, the possibility of contamination of the samples, the procedure followed in analyzing the samples,
whether the proper standards and procedures were followed in conducting the tests, and the qualification of the analyst who
conducted the tests.
Vallejo discussed the probative value, not admissibility, of DNA evidence. There was no longer any question on the validity of
the use of DNA analysis as evidence. The Court moved from the issue of according official recognition to DNA analysis as
evidence to the issue of observance of procedures in conducting DNA analysis.
VALLEJO STANDARD: In assessing the probative value of DNA evidence, therefore, courts should consider, among other things,
the following data: how the samples were collected, how they were handled, the possibility of contamination of the samples,
the procedure followed in analyzing the samples, whether the proper standards and procedures were followed in conducting
the tests, and the qualification of the analyst who conducted the tests.
The Court reiterated the DNA analysis and noted that it is not enough to state that the childs DNA profile matches that of the
putative father. A complete match between the DNA profile of the child and the DNA profile of the putative father does not
necessarily establish paternity. For this reason, following the highest standard adopted in an American jurisdiction, trial courts
should require at least 99.9% as a minimum value of the Probability of Paternity (W) prior to a paternity inclusion. W is a
numerical estimate for the likelihood of paternity of a putative father compared to the probability of a random match of two
unrelated individuals. An appropriate reference population database, such as the Philippine population database, is required
to compute for W. Due to the probabilistic nature of paternity inclusions, W will never equal to 100%. However, the accuracy of
W estimates is higher when the putative father, mother and child are subjected to DNA analysis compared to those conducted
between the putative father and child alone.
DNA analysis that excludes the putative father from paternity should be conclusive proof of nonpaternity. If the value of W is
less than 99.9%, the results of the DNA analysis should be considered as corroborative evidence. If the value of W is 99.9% or
higher, then there is refutable presumption of paternity. This refutable presumption of paternity should be subjected to the
Vallejo standards.
Module 4: REPRODUCTION
1. ANATOMY AND PHYSIOLOGY OF REPRODUCTION
Males
The main male sex organs are the penis and the testicles which produce semen and sperm, which, as part of sexual
intercourse, fertilize an ovum in the female's body; the fertilized ovum (zygote) develops into a fetus, which is later born as a
child.
Females
The human female reproductive system contains two main parts: the uterus, which hosts the developing fetus,
produces vaginal and uterine secretions, and passes the male's sperm through to the fallopian tubes; and the ovaries, which
produce the female's egg cells. These parts are internal; the vagina meets the external organs at the vulva, which includes the
labia, clitoris and urethra. The vagina is attached to the uterus through the cervix, while the uterus is attached to the ovaries via
the Fallopian tubes. Approximately every month, a process of oogenesis matures one ovum to be sent down the Fallopian
tube attached to its ovary in anticipation of fertilization. If not fertilized, this egg is flushed out of the system through
menstruation.
Fertilization
Human fertilization is the union of a human egg and sperm. The result of this union is the production of a Zygote, or
fertilized egg, initiating prenatal development. Upon encountering the secondary oocyte, the acrosome of the sperm
produces enzymes which allow it to burrow through the outer jelly coat of the egg. The sperm plasma then fuses with the
egg's plasma membrane, the sperm head disconnects from its flagellum and the egg travels down the Fallopian tube to reach
the uterus.
2. SEXUAL DYSFUNCTIONS
Impotence (erectile dysfunction)

Erectile dysfunction (ED) or impotence is sexual dysfunction characterized by the inability to develop or maintain
an erection of the penis during sexual performance. The most important organic causes are cardiovascular disease and
diabetes, neurological problems (for example, trauma from prostatectomy surgery), hormonal insufficiencies (hypogonadism)
and drug side effects. Psychological impotence is where erection or penetration fails due to thoughts or feelings
(psychological reasons) rather than physical impossibility; this is somewhat less frequent but often can be helped.
Frigidity (female sexual arousal disorder)

Female sexual arousal disorder (FSAD), commonly referred to as Candace syndrome, is a disorder characterized
by a persistent or recurrent inability to attain sexual arousal or to maintain arousal until the completion of a sexual activity. It
can also refer to an inadequate lubrication-swelling response normally present during arousal and sexual activity.
Subtypes
There are several subtypes of female sexual arousal disorders. They may indicate onset: lifelong (since birth) or
acquired. They may be based on context: they may occur in all situations (generalized) or be situation- specific (situational).
Diagnostic features
The diagnostic criteria are:
1. persistent or recurrent inability to attain, or to maintain until completion of the sexual activity, an adequate
lubrication-swelling response of sexual excitement;
2. the disturbance causes marked distress or interpersonal difficulty, and
3. the sexual dysfunction is not better accounted for by another Axis I disorder (except another sexual dysfunction)
and is not due exclusively to the direct physiological effects of a substance (e.g., a drug of abuse, a medication) or
a general medical condition.
Causes Impact of events during childhood and adolescence

Most studies are considered potentially methodologically flawed. However, there have been some probative links
between childhood sexual abuse and having a later sexual dysfunction.
Individual factors
There has been little investigation of the impact of individual factors on female sexual dysfunction. Such factors
include stress, levels of fatigue, gender identity, health, and other individual attributes and experiences, such as dysfunctional
sexual beliefs that may affect sexual desire or response.
Relationship factors
Some studies have largely focused on the impact of the quality of the relationship on the sexual functioning of the
partners.
Social context
Social context may also be a factor. Perceived pregnancy risk has had an effect, suggesting that cognition plays an
important role in human sexual behavior.
Physical factors
The disorders most likely to result in sexual dysfunction are those that lead to problems in circulatory or neurological
function, but the contribution of physiological factors to female sexual dysfunction is not so clear. Recent literature does
suggest that there may be an impairment in the arousal phase among diabetic women. The lack of a clear association
between medical disorders and sexual functioning suggests that psychological factors play a significant part in the impact of
these disorders on sexual functioning.
Interplay of causes
Kaplan suggests 4 factors that could have a role in the development of sexual dysfunction: 1) lack of correct
information regarding sexual and social interaction, 2) unconscious guilt or anxiety regarding sex, 3) performance anxiety, and
4) failure to communicate between the partners.
Case: MENCIANO v. SAN JOSE, No. L-1967. May 28, 1951

Summary: Matilde Menciano, widow of Faustino Neri San Jose, filed a motion for declaration of heirs. Paz Neri San Jose
(executrix) denied the allegations in the petition, alleging that Faustino was forced to marry Matilde, was impotent, and
therefore could not have fathered Matildes two children. The court ruled that Faustino was able to produce a semen sample
and was therefore NOT impotent. The lack of spermatozoa was not given weight since it was only one sample and it was
possible that he produced viable sperm before and after the sample was examined. Rule 123, sec 68(c) of the Rules of Court
gives the 2 requirements for the conclusive presumption that one is the legitimate child of a legitimate marriage:
The ff are conclusive presumptions: xx (c) The issue of a wife cohabiting with her husband, who is not impotent, is
indisputably presumed to be legitimate, if not born within 180 days immediately succeeding the marriage or after the
expiration of 300 days following its dissolution. Impotency, being an abnormal condition should not be presumed.
Case: CHI MING TSOI v. CA & Gina Lao-Tsoi, G.R. No. 119190 January 16, 1997
Summary: Gina Lao Tsoi sought to annul her marriage to Chi Ming Tsoi on the ground of psychological incapacity. As
evidence, she testified that since their wedding until the time of their separation, they had never had sexual intercourse. Chi
Ming Tsoi opposed the action, presenting a medical report stating that he was not impotent, and was capable of having an
erection. Choi admitted that he did not have sexual relations with his wife after almost ten months of cohabitation, and it
appears that he is not suffering from any physical disability.The TC and the CA held that the marriage was void. The SC
affirmed these and held that the annulment was valid. Abnormal reluctance or unwillingness to consummate marriage is
strongly indicative of a serious personality disorder which clearly demonstrates an 'utter insensitivity or inability to give
meaning and significance to the marriage' within the meaning of Article 36 of the Family Code. If a spouse, although physically
capable but simply refuses to perform his or her essential marriage obligations, and the refusal is senseless and constant,
Catholic marriage tribunals attribute the causes to psychological incapacity than to stubborn refusal Senseless and protracted
refusal is equivalent to psychological incapacity, thus the prolonged refusal of a spouse to have sexual intercourse with his or
her spouse is considered a sign of psychological incapacity.
Case: JIMENEZ v. CanIZARES, G.R. No. L-12790, Aug. 31, 1960
Joel Jimenez prayed for a decree annulling his marriage to the defendant Remedios Caizares on the ground that her vagina
was too small to allow the penetration of a penis. The Court required Remedios to submit to a physical examination by a
competent lady physician but she did not do so. She was also not present in the hearing and the Court annulled the marriage.
The city attorney appealed. SC set aside the decree of annulment on the ground that there is a presumption in favor of
potency and the lone testimony of the husband that his wife is physically incapable of sexual intercourse is insufficient to tear
asunder the ties that have bound them together as husband and wife.
3. STERILITY AND INFERTILITY
Male infertility refers to the inability of a male to achieve a pregnancy in a fertile female. Male infertility is commonly
due to deficiencies in the semen, and semen quality is used as a surrogate measure of male fecundity.
Female infertility refers to infertility in female humans. Infertility is caused by many sources, including nutrition,
diseases, and other malformations of the uterus.
4. REPRODUCTIVE TECHNOLOGY
4.1. Artificial insemination (AI) -Art. 164 & 166, Family Code
Artificial insemination (AI) is the deliberate introduction of semen into a female's vagina or oviduct for the purpose of
achieving a pregnancy through fertilisation by means other than copulation. It is the medical alternative to sexual intercourse.
It can overcome instances where a woman's immune system can reject her partner's sperm as invading molecules. In the case
of an impotent male, donor sperm may be used. It is also a means for a woman to conceive when two women wish to parent
a child, or a single woman does not have a male partner, when she does not want a male partner, or when a male partner's
physical limitation impedes his ability to impregnate her by sexual intercourse.
FC Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a
result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate
children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil
registry together with the birth certificate of the child.
FC Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the
300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except
in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.
Preparations
A woman needing artificial insemination can obtain a sperm sample from her male partner or from sperm donation.
A sperm donor is usually advised not to ejaculate for two to three days before providing the sample, to increase the sperm
count. A woman's menstrual cycle is closely observed.
Procedure
When an ovum is released, the semen is introduced into the woman's vagina or uterus. For vaginal artificial
insemination, semen is placed in the vagina using a needleless syringe. A more efficient method of artificial insemination is to
insert semen directly into the woman's uterus. The sperm is inserted into the uterus by means of a catheter. An alternative
method to the use of a needleless syringe or a catheter involves the placing of partner or donor sperm in the woman's vagina
using a specially designed cervical cap, a conception device or conception cap. This holds the semen in place near to the
entrance to the cervix for a period of time, usually for several hours, to allow fertilization to take place.
TECHNIQUES
Intracervical insemination
Intracervical insemination (ICI) involves the deposit of raw fresh or frozen semen (which has been thawed) and which
has been provided by the woman's partner or by a sperm donor into the cervix usually by injecting it with a needleless
syringe.
Intrauterine insemination
Sperm can be injected directly into a woman's uterus in a process called intrauterine insemination (IUI). Unlike
intracervical insemination, intrauterine insemination must normally be performed by a medical practitioner.
Intrauterine tuboperitoneal insemination

Intrauterine tuboperitoneal insemination (IUTPI) is insemination where both the uterus and fallopian tubes are filled
with insemination fluid. The cervix is clamped to prevent leakage to the vagina.
Intratubal insemination
IUI can furthermore be combined with intratubal insemination (ITI), into the Fallopian tube although this procedure is
no longer generally regarded as having any beneficial effect compared with IUI.
Pregnancy rate
The pregnancy rate depends on the total sperm count, or, more specifically, the total motile sperm count (TMSC),
used in a cycle. It increases with increasing TMSC, but only up to a certain count, when other factors become limiting to
success. The summed pregnancy rate of two cycles using a TMSC of 5 million (may be a TSC of ~10 million on graph) in each
cycle is substantially higher than one single cycle using a TMSC of 10 million.
4.2. Gamete intra-fallopian tube transfer (GIFT)

In Gamete intrafallopian transfer (GIFT), eggs are removed from a woman's ovaries, and placed in one of the Fallopian
tubes, along with the man's sperm. It allows fertilization to take place inside the woman's uterus. With the advances in IVF the
GIFT procedure is used less as pregnancy rates in IVF tend to be equal or better and do not require laparoscopy when the egg
is put back.
4.3. In vitro fertilization (IVF)

In vitro fertilisation (IVF) is a process by which an egg is fertilised by sperm outside the body: in vitro. It involves
monitoring and stimulating a woman's ovulatory process, removing ovum or ova from the ovaries and letting sperm fertilise
them in a fluid medium in a laboratory. The fertilised egg is cultured for 26 days in a growth medium and is transferred to the
mother's uterus with the intention of establishing a successful pregnancy.
Egg and sperm preparation

In the laboratory, the identified eggs are stripped of surrounding cells and prepared for fertilisation. An oocyte
selection may be performed prior to fertilisation to select eggs with optimal chances of successful pregnancy. Semen is
prepared for fertilisation by removing inactive cells and seminal fluid in a process called sperm washing.
Embryo culture
Typically, embryos are cultured until having reached the 6 to 8 cell stage three days after retrieval.
Embryo selection
Laboratories have developed grading methods to judge oocyte and embryo quality.
Embryo transfer
Embryos are chosen by the embryologist based on the amount of cells, evenness of growth and degree of
fragmentation. The number to be transferred depends on the number available, the age of the woman and other health and
diagnostic factors. The "best" embryos are transferred to the patient's uterus through a thin, plastic catheter, which goes
through her vagina and cervix. Several embryos may be passed into the uterus to improve chances of implantation and
pregnancy.
4.4. Surrogacy
History
Having another woman bear a child for a couple, usually with the male half of the couple as the genetic father, is
referred to in antiquity. Babylonian law and custom allowed this practice and infertile woman could use the practice to avoid
the divorce, which would otherwise be inevitable. Many developments in medicine, social customs, and legal proceedings
worldwide paved the way for modern commercial surrogacy:
Types
Traditional surrogacy (TS)
This involves naturally or artificially inseminating a surrogate mother with the intended father's sperm via IUI, IVF or
home insemination. With this method, the child is genetically related to its father and the surrogate mother.
Traditional surrogacy & donor sperm (TS/DS)
A surrogate mother is artificially inseminated with donor sperm via IUI, IVF or home insemination. The child born is
genetically related to the sperm donor and the surrogate mother.
Gestational surrogacy (GS)
When the intended mother is not able to carry a baby to term due to hysterectomy, diabetes, cancer, etc., her egg
and the intended father's sperm are used to create an embryo (via IVF) that is transferred into and carried by the surrogate
mother. The resulting child is genetically related to its parents while the surrogate mother has no genetic relation.
Gestational surrogacy & egg donation (GS/ED)
If there is no intended mother or the intended mother is unable to produce eggs, the surrogate mother carries the
embryo developed from a donor egg that has been fertilized by sperm from the intended father. With this method, the child
born is genetically related to the intended father and the surrogate mother has no genetic relation.
Gestational surrogacy & donor sperm (GS/DS)
If there is no intended father or the intended father is unable to produce sperm, the surrogate mother carries an
embryo developed from the intended mother's egg (who is unable to carry a pregnancy herself) and donor sperm. With this
method, the child born is genetically related to the intended mother and the surrogate mother has no genetic relation.
Gestational surrogacy & donor embryo (GS/DE)
When the intended parents are unable to produce either sperm, egg, or embryo, the surrogate mother can carry a
donated embryo (often from other couples who have completed IVF that have leftover embryos). The child born is genetically
related neither to the intended parents nor the surrogate mother.
Legal issues
As of 2013, locations where a woman can legally be paid to be a surrogate include India, Georgia, Russia, Thailand,
Ukraine and a few U.S. states. The legal aspects in any jurisdiction hinge on a few central questions:
Are surrogacy agreements enforceable, void, or prohibited? Does it make a difference whether the surrogate mother
is paid (commercial) or simply reimbursed for expenses (altruistic)?
What, if any, difference does it make whether the surrogacy is traditional or gestational?
Is there an alternative to post-birth adoption for the recognition of the intended parents as the legal parents, either
before or after the birth?
4.5. Cloning
Human cloning is the creation of a genetically identical copy of a human. There are two commonly discussed types
of human cloning: therapeutic cloning and reproductive cloning. Therapeutic cloning involves cloning cells from an adult for
use in medicine and transplants, and is an active area of research. Reproductive cloning would involve making cloned humans,
for couples wanting to have a child, but cannot naturally.
History
The technology of cloning mammals has reached the point where many scientists are knowledgeable, the literature
is readily available, and the implementation of the technology is not very expensive compared to many other scientific
processes. The first hybrid human clone was created in November 1998, by Advanced Cell Technologies. It was created from a
man's leg cell, and a cow's egg whose DNA was removed. It was destroyed after 12 days. On January, 2008, Wood and Andrew
French created the first 5 mature human embryos using DNA from adult skin cells, aiming to provide a source of viable
embryonic stem cells. It is not clear if the embryos produced would have been capable of further development, but Dr. Wood
stated that if that were possible, using the technology for reproductive cloning would be both unethical and illegal. The 5
cloned embryos, created in Stmagen Corporation lab, in La Jolla, were killed.
In May, 2013, a group of scientists published a report of successful human cloning. The approach involved the
somatic cell nuclear transfer from human fibroblasts to oocytes and resulted in viable embryos developing to the blastocyst
stage. The authors managed to obtain embryonic stem cell from the blastocysts which can lead to therapeutic cloning. It
remained unclear however if the cloned embryos are capable of further development as no such experiments were
attempted.
Module 5: PREGNANCY AND ABORTION

1. SIGNS OF PREGNANCY
Physiology of Pregnancy
Maternal physiological changes in pregnancy are the adaptations that a woman undergoes during pregnancy to
accommodate the embryo or fetus. The body must change its physiological and homeostatic mechanisms in pregnancy to
ensure the fetus is provided for. Increases in blood sugar, breathing and cardiac output are all required. Levels of progesterone
and estrogens rise continually, suppressing the hypothalamic axis and subsequently the menstrual cycle. The woman and the
placenta also produce many hormones.
Physical
The enlarging uterus, the growing fetus, the placenta and liquor amnii, the acquisition of fat and water retention, all
contribute to an increase in weight. A woman's breasts grow during pregnancy, usually 1 to 2 cup sizes. Once lactation begins,
the woman's breasts swell significantly and can feel achy, lumpy and heavy.
Nutrition
Nutritionally, pregnant women require a caloric increase of 300 kcal/day and an increase in protein to 70 or 75 g/day.
There is also an increased folate requirement from 0.4 to 0.8 mg/day (important in preventing neural tube defects). Intake of
prenatal vitamins to compensate for the increased nutritional requirements is suggesed. The use of Omega 3 fatty acids
supports mental and visual development of infants. Choline supplementation of research mammals supports mental
development that lasts throughout life.
Gastrointestinal
During pregnancy, woman can experience nausea and vomiting (morning sickness); there is also prolonged gastric
empty time, decreased gastroesophageal sphincter tone, which can lead to acid reflux, and decreased colonic motility, which
leads to increased water absorption and constipation.
Immune tolerance
The fetus inside a pregnant woman may be viewed as an unusually successful allograft, since it genetically differs
from the woman. In the same way, many cases of spontaneous abortion may be described in the same way as maternal
transplant rejection.
1.1. Presumptive signs
Cessation of menstruation
Spotting and cramping
Feeling sick/morning sickness
Progressive enlargement of abdomen

Fatigue
Frequent urination
Altered sense of taste
Tingling prickly nipples - due to increase in blood supply
Spotting and cramping (due to implantation of fertilized egg)
Feeling sick/morning sickness (4-6 wks pregnant and subsides by 14-16 weeks due to increase estrogen)
Tender swollen breast
Darkening of nipples
Missed period
Chadwicks Sign-changes of color to bluish or purplish hue of vagina & cervix
Goodellss Sign softening of the cervix
1.2. Conclusive signs

Mayors Sign
Outlining of fetal parts
Quickening
X-ray
Ultrasound
2. ESTIMATED DATE OF DELIVERY

From date of 1st day of last menstruation, add 7 days and count 3 months backwards.
From date of 1st day of last menstruation, count forward 9 months and add 1 week.
From date of 1st day of last menstruation, count 40 weeks or 10 lunar months
By ultrasound
Pregnancy calculator
3. DEVELOPMENT OF THE FETUS
1st month
fertilization of an egg, which turns into a zygote and then an embryo.
first heart beat
baby about 1/2 inch long, like a grain of rice
looks more tadpole than human, donning a tail in lieu of legs. surface features and major organsthe heart, lungs,
liver and kidneysare starting to take shape.
2nd month
head starts to form with small features like eyes, eyelids, tongue, nose, fetus about 1 inch long
heart beat is now faster (double of an adult)
digestive system and sex organs begin to form
arms and legs also start to form
limbs grow longer and stronger
embryos gastrointestinal tract separates from its urogenital organs
3rd month
doctors can detect heartbeats accelerated growth, tail disappears and uncurls from a C position thumb-
sucking head-nodding
balling tiny fingers into fists about 3 inches long
4th months
can hear its mothers heartbeat, her voice and other outside noises. all major organs complete can swallow & kick
executes occasional somersaults with relative ease sweat glands will dot its palms and soles wrinkly skin will shine
transparent pink
UTZ test can identify the babys gender
7 inches long
5th month
starts kicking hard - Quickening
tiny white eyelashes and two arching eyebrows
fine woolly hairs, called lanugo, blanket its body and its bare head also sports a few sprouts.
vernix caseosa covers and protects the fetuss body
8 to 10 inches long and tips the scales at 1/2 kilo
6th month
no development except normal growth. if the baby is born here, prematurely, the baby will attempt to breath.
14 inches long
7th month
can blink, and its eyes may even remain open for short period of time hands and feet are becoming even more
active
taste buds form
protective fat tissue increases
hearing fully developed and, in boys, its testicles have moved to the groin
16 inches long and weighs 1-1.2Kilos
8th month
brain develops rapidly all of its organs except the lungs are mature.
less sommersaults fingernails now reach beyond its fingertips
skin is starting to smooth
16-18 inches long and weighs 2-3 kilos
9th month
fat layers thicken
vernix caseosa and lanugo largely disappear
lungs are mature skin pink and smooth
toenails fully grown
can execute head turning, blinking and grasping.
between 20-22 inches long, and weighs about 3-3.5 kilos
4. PROOFS OF PREVIOUS PREGNANCY

Laxity of abdominal wall
Striae of pregnancy
Perineum is lax with scar
Vestige of hymen
Breast is lax with enlarged nipples
Previous laceration of the cervix
5. PROOFS OF FETAL DEATH

Spalding Sign (ultrasound or X-ray) shows overriding of fetal cranial bones
uterine size remain unchanged
negative endocrine test
cessation of fetal movement
absence of fetal heart sounds
palpation of softened fetal head
6. LAWS RELATED TO PREGNANCY
RPC, Art. 83. Suspension of the execution of the death sentence. The death sentence shall not be inflicted
upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person
over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with
the accessory penalties provided in Article 40.
RPC, Art. 351. Premature marriages. Any widow who shall marry within three hundred and one day from the
date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be
punished by arresto mayor and a fine not exceeding 500 pesos.
The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she
shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.
Civil Code provisions:

CC, Art. 40. Civil rights of a child.
CC, Art. 41. When child deemed born.
CC, Art. 85,86 & 87. Causes for annulment/concealment. (now FC 45-47; see below)
CC, Art. 742. Unborn child capable of receiving donations.
CC, Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions specified in the following article.
CC, Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the
mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb.
CC, Art. 742. Donations made to conceived and unborn children may be accepted by those persons who would legally
represent them if they were already born. (627)
FC, Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below
twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as
husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues
and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)
FC, Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will
give grounds for action for the annulment of marriage. (86a)
FC, Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated
herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent,
within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the
minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by
any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the
insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force,
intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a)
7. ABORTION
7.1. Laws
RPC, Art. 256. Intentional abortion. Any person who shall intentionally cause an abortion shall suffer:
11. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
12. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
13. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.
RPC, Art. 257. Unintentional abortion. The penalty of prision correccional in its minimum and medium period shall
be imposed upon any person who shall cause an abortion by violence, but unintentionally.
RPC, Art. 258. Abortion practiced by the woman herself of by her parents. The penalty of prision correccional in
its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent
that any other person should do so. Any woman who shall commit this offense to conceal her dishonor, shall suffer the
penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said
woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium
and maximum periods.
RPC, Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. The penalties provided
in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of
their scientific knowledge or skill, shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.
Relevant Provisions from the RH Law (not included in outline) o Sec. 3(j): While this Act recognizes that abortion is illegal
and punishable by law, the government shall ensure that all women needing care for post-abortive complications and all
other complications arising from pregnancy, labor and delivery and related issues shall be treated and counseled in a humane,
nonjudgmental and compassionate manner in accordance with law and medical ethics;
Sec. 4(q): The elements of reproductive health care include the following: (3) Proscription of abortion and
management of abortion complications;
Sec. 4(s): Reproductive health rights refers to the rights of individuals and couples, to decide freely and responsibly
whether or not to have children; the number, spacing and timing of their children; to make other decisions
concerning reproduction, free of discrimination, coercion and violence; to have the information and means to do so;
and to attain the highest standard of sexual health and reproductive health: Provided, however, That reproductive
health rights do not include abortion, and access to abortifacients.
Sec. 29. Repealing Clause. Except for prevailing laws against abortion, any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the
provisions of this Act including Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby repealed,
modified or amended accordingly.
7.2. Methods employed
Chemical (Methotrexate & Misoprostol (MTX), Mifepristone and Misoprostol, Mifeprex)
Mechanical
Manual Vacuum Aspiration

1. Suction is created with either an electric pump (electric vacuum aspiration or EVA) or a manual pump (manual
vacuum aspiration or MVA).
2. A local anesthetic is used to numb the cervix.

3. Then, instruments called "dilators" are used to open the cervix, or sometimes medically induce dilation with
drugs.
4. A cannula is inserted into the uterus and attached via tubing to the pump.
5. The pump creates a vacuum which empties uterine contents.
Dilatation & Curettage (D & C)

1. Dilation of cervix induced by drugs (e.g. Misoprostol) or osmotic dilators
2. Local anesthesia applied.
3. A curette is then inserted into uterus to scrape off the products of conception and tissues. Curettes used in a
dilation and curettage can be sharp or can use suction. only used after the 21- week (5 1/2 months) mark.
Dilatation & Extraction (D&E) - Dilation of cervix induced.

1. Local anesthesia applied.
2. The cervix is forced open and a pliers-like instrument
is used to seize a leg or other part of the body and,
with a twisting motion, tears it from the baby's body.
This is repeated again and again. There is no
anesthetic for the baby.
3. The spine must be snapped, and a sharp instrument is
stabbed into the centre of the head and sucks the
contents of the skull out.
4. Another method is to deliver the body after which the
brains are sucked out and the collapsed skull
extracted.
Statistics
In 2005. estimates ranged from 400,000 to 500,000 abortions performed and rising, and the WHO estimate was
800,000. 70% of unwanted pregnancies in the Philippines end in abortion, according to the WHO. Approximately 4 in 5
abortions in the Philippines are for economic reasons, often where a woman already has several children and cannot care for
another.
While some doctors secretly perform abortions in clinics, the fee is too high for many, who instead buy abortifacients
on the black market. 2/3 Filipino women who have abortions attempt to self-induce or seek solutions from those who practice
folk medicine. 100,000 people end up in the hospital every year due to unsafe abortions, according to the DOH, and 12% of all
maternal deaths in 1994 were due to unsafe abortion. Some hospitals refuse to treat complications of unsafe abortion, or
operate without anesthesia, as punishment for the patients.
Module 6: VIRGINITY AND RAPE

1. VIRGINITY
1.1. Crimes relating to virginity
Art. 337. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in
its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant,
whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the
persons and under the circumstances described herein.
Art. 343. Consented abduction. The abduction of a virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum
and medium periods.
1.2. Forms of virginity

ANATOMICAL virginity intact hymen
PHYSIOLOGICAL virginity hymen absent
PSYCHOLOGICAL virginity- hymen absent but unwilling
SURGICAL virginity-reconstructed hymen
ANORGASMIC virginity-hymen absent
TRUE virginity-no penetrative sex of any kind
1.3. Proof of virginity

1.3.1. Gynaecological report
1.4. Cases
Case: U.S. v. PABLO SUAN, G.R. No. L-9201, March 3, 1914

Summary: Aniceta Saldivia, 14 years old, had sexual relations with her teacher Pablo Suan upon the latters promise to marry.
Pablo Suan was convicted by the CFI Palawan of seduction, notwithstanding the fact that Saldivia had prior illicit relations with
various young men prior to her relationship with Suan. SC held that, notwithstanding Suans ignorance as to this fact, Saldivias
previous relationships does not make her a virgin and therefore seduction could not have been committed against her.
Evidence of previous unlawful intercourse with others destroys the very basis upon which seduction must rest, viz., previous
chastity, and would relieve the case of such aggravating circumstance. The evidence should have been admitted.
Websters International Dictionary defines a virgin as a woman who has had no carnal knowledge of man: a maid
Case: U.S. v. PEDRO ALVAREZ, G.R. No. 881, August 30, 1902.
Summary: Pedro was convicted under Art. 446 of the Penal Code, which punishes the abduction of a virgin under 23 and over
12 years of age, effected with her consent. Pedro appealed on the grounds (1) that Maria, the abducted woman, was not taken
physically from her parents house, and (2) that her virginity at the time of the taking was not established. Court affirmed CFIs
judgment. It held that the use of physical force is not an element of Art. 446. On the alleged necessity of establishing Marias
virginity, Court noted the disputable presumption of virginity of an unmarried, but did not find its application necessary in this
case since there was sufficient evidence to prove Marias virginity: Aside from her being unmarried, she also lived with her
parents. Under the system of proof established by the new Code of Civil Procedure, a presumption de jure of a woman's
virginity arises whenever it is shown that she is unmarried, and continues until overthrown by proof to the contrary.
2. RAPE
2.1. Signs & Symptoms

stomach aches, headaches, nausea
psychological: depression, anxiety, confusion are common
vaginal pain, itching or frequent urination
tearfulness, nervousness or seemingly inappropriate laughter, numbness,
hostility, and fear
phobias
difficulty concentrating.
being restless, agitated and unable to relax or feeling listless and unmotivated
stuttering or stammering.
avoiding anything that reminds the survivor of the rape.
being more easily frightened or startled than usual.
being very alert and watchful.
becoming easily upset by small things.
relationship problems, with family, friends, lovers and spouses. Irritability,
withdrawal and dependence are factors which effect this.
fear of sex, loss of interest in sex or loss of sexual pleasure.
changes in lifestyle such as moving house, changing jobs, not functioning at work or at school or changes to her
appearance.
drop in school, occupational or work performance.
increased washing or bathing.
behaving as if the rape didnt occur, trying to live life as it was before the rape (denial)
suicide attempts and other self-destructive behaviour such as substance
abuse or self mutilation.
2.1.1. Rape Trauma Syndrome

a form of psychological trauma experienced by a rape victim that consist of disruptions to normal physical,
emotional, cognitive, behavioral, and interpersonal characteristics.
both female and male victims
overlaps with Post-Traumatic Stress Syndrome
the most powerful factor in determining psychological suffering or damage is the character of the traumatic event
itself.
individual personality characteristics count for little in the face of overwhelming events.
physical harm or injuries are also not as great a factor since individuals with little or no physical harm may yet be
severely affected by their exposure to a traumatic situation.
1. Acute stage
days or weeks after a rape.
may overlap with the outward adjustment stage.
no "typical" response amongst rape victims but may commonly be grouped in three responses:
o expressed (agitation or hysterical, crying spells or anxiety attacks)
o controlled (without emotion; on denial); or

o shock/disbelief (strong sense of disorientation;difficulty concentrating, making decisions, or doing everyday
tasks. They may also have poor recall of the assault).
2. Outward adjustment stage
survivors in this stage seem to have resumed their normal lifestyle.
suffer profound internal turmoil, which may manifest in a variety of ways as the survivor copes with the long-term
trauma of a rape.
may last from several months to many years after a rape.
Five main coping strategies during the outward adjustment phase:
1. minimization (pretending 'everything is fine')
2. dramatization (cannot stop talking about the assault)
3. suppression (refuses to discuss the rape)
4. explanation (analyzes what happened)
5. flight (moves to a new home or city, alters appearance)
3. Underground stage
Victims attempt to return to their lives as if nothing happened.
May block thoughts of the assault from their minds and may not want to talk about the incident or any of the related
issues. (They don't want to think about it).
Victims may have difficulty in concentrating and some depression.
Dissociation and trying to get back to their lives before the assault.
The underground stage may last for years and the victim seems as though that they are "over it," despite the fact the
emotional issues are not resolved.
4. Reorganizaiton stage
May return to emotional turmoil
It can be extremely frightening to people in this stage to once again find themselves in the same emotional pain.
Fears and phobias may develop. They may be related specifically to the assailant or the circumstances or the attack or
they may be much more generalized.
Appetite disturbances such as nausea and vomiting. Rape survivors are also prone to developing anorexia nervosa
and/or bulimia.
Nightmares, night terrors feel like they plague the victim.
Violent fantasies of revenge may also arise.
5. Renormalization stage
survivor begins to recognize their adjustment phase.
particularly important is recognizing the impact of the rape for survivors who were in denial, and recognizing the
secondary damage of any counterproductive coping tactics (e.g., recognizing that one's drug abuse began to help
cope with the aftermath of a rape).
typical of male victims is a long interval between the sexual assault and the victim's seeking psychotherapy- 16.4
years.
survivor integrates the sexual assault into their life so that the rape is no longer the central focus of their life.
negative feelings such as guilt and shame become resolved and the survivor no longer blames themselves for the
attack.
2.2. Medical evidence of rape

Hymenal lacerations
Hymenal bruising
Vaginal tearing
Absence of hymen
Vaginal discharge
Vaginal foreign body
Clitoral injury
2.3. Laws
2.3.1. RA 8353 - The Anti-Rape Law of 1997 (selected provisions)

SEC. 2. Rape as a Crime Against Persons. The crime of rape shall hereafter be classified as a Crime Against Persons under Title
Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into
Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Article 266-A. Rape; When And How Committed. Rape Is Committed
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person.
"Article 266-B. Penalties. Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion
perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
"When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
"1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the
third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be
such by the offender before or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the
Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. "Whenever the rape is
committed with the use of a deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion
temporal.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.
"When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua.
"Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying
circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. The subsequent valid marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished or the party shall not be
abated if the marriage is void ab initio.
"Article 266-D. Presumptions. Any physical overt act manifesting resistance against the act of rape in any degree
from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts punished under Article 266-A."
2.3.2. RA 8505 -Rape Victim Assistance and Protection Act of 1998 (selected provisions)
SEC. 3. Rape Crisis Center. - The Department of Social Welfare and Development (DSWD), the Department of Health
(DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), and a lead
nongovernment organization (NGO) with proven track record or experience in handling sexual abuse cases, shall establish in
every province and city a rape crisis center located in a government hospital or health clinic or in any other suitable place for
the purpose of:
(a) Providing rape victims with psychological counselling, medical and health services, including their medico-legal
examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities;
gender sensitivity and legal management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.
SEC. 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it shall be the duty of the police
officer to:
(a) Immediately refer the case to the prosecutor for inquest/ investigation if the accused is detained; otherwise, the
rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be of the same gender as the offended
party, to ensure that only persons expressly authorized by the offended party shall be allowed inside the room where the
investigation or medical or physical examination is being conducted.
For this purpose, a women's desk must be established in every police precinct throughout the country to provide a
police woman to conduct investigation of complaints of women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims must be assigned to female prosecutor or prosecutors after the police
shall have endorsed all the pertinent papers thereof to the same office.
SEC. 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint for rape, the police
officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of
the offended party and the accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint has
been referred may, whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances for
the best interest of the parties, order a closed-door investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/or the accused, or any other information tending to establish their identities, and
such circumstances or information on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a language
or dialect known or familiar to them.
SEC. 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or of
his/ her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is material and
relevant to the case.
Case: PEOPLE v. VALLEJO, G.R. No. 144656. May 9, 2002

Supra, p. 21
Case: PEOPLE v. PEREZ, G.R. No. 182924, Dec. 24, 2008
Summary: Accused-appellant was charged for rape. The information alleged that the victim was his stepdaughter but did not
allege that the victim was only 13 years old at the time of the rape. During arraignment, appellant pleaded not guilty to the
accusation against him. During trial it was proved that the victim was the stepdaughter of the accused and was in fact 13
years old at the time the crime of rape was committed. Accused was then convicted of qualified rape and was meted out the
penalty of death. Citing People vs. Garcia, the court held that it would be a denial of the right of the accused to be
informed of the charges against him and, consequently, a denial of due process, if he is charged with simple rape and
be convicted of its qualified form punishable by death, although the attendant circumstance qualifying the offense
and resulting in capital punishment was not alleged in the indictment on which he was arraigned. Procedurally, then,
while the minority of Maribel and the relationship of appellant and his victim were established during the trial, appellant can
only be convicted of simple rape because he cannot be punished for a graver offense than that with which he was charged.
Under the rules of criminal procedure, a qualifying circumstance to be considered as such must be so alleged in the
information, which is not required of aggravating circumstances. The requirement for complete allegations on the particulars
of the indictment is based on the right of the accused to be fully informed of the nature of the charge against him, so that be
may adequately prepare for this defense pursuant to the due process clause of the Constitution.
Module 7: PATERNITY AND FILIATION

1. MEDICAL BASES FOR PROVING FILIATION
1.1. Physical features

1.1.1. race - Humans are genetically 99.9% alike. There is no gene for race. Theconcept of race is not genetic but social
1.1.2. somatotypes
1.1.3. facial features
1.1.4. distinct bodily resemblance
1.1.5. clan traits
Physical Conditions
Inherited Traits Inherited Disease Familial Predispositions
Eye color---polygenic but commonly Autosomal Recessive allergies
by the Genes OCA2 and HERC2 gene in Laurence-Moon-Biedl-Bardet cleft/lip palate
chromosome 16 Syndrome - single gene; autosomal (m>f)
attached (dominant) or free ear lobes recessive (AR) chromosomes 16, 11, 3, clubfoot
sticky or dry earwax 15, and 20 congenital heart
ability (dominant)or Familial Mediterrenean Fever gene disease
inability to curl the tongue at 16p13 diabetes
(tongue rolling) Armenian people, Sephardi Jews (and, hypertension
ability (dominant---75%) to a much lesser extent, Ashkenazi cancer
or inability to taste the substance PTC Jews), Cypriots, Turks and Arabs schizophrenia
(phenylthiocarbamide); Sickle cell anemia - single base pair in
PTC gene, T AS2R38, was discovered in the beta globin gene; normal=GAG
2003 (glu), sickle=GTG (val)
hitch hikers thumb-- -ability or Autosomal dominant
inability to hyperextend the thumb Huntington's disease
cleft chin (dominant) v. smooth chin Huntington gene (IT15)
dimples (dominant) v. Lack of dimples 4p16.3
right---handedness (dominant) v. left- Achondroplasia (a form of
handedness dwarfism) - one normal copy of the

freckles (dominant) vs no freckles FGFR3 gene and one mutant copy
curly hair (dominant) vs straight hair Familial adenomatous Polyposis (FAP)
hand clasping: left thumb over (55%) APC gene 5q21---22
color-blindness (x-linked recessive) X---linked (recessive) manifest only on
manifest only in males (xx) males (xx)
Hemophilia A (Factor VIII deficiency)
blood clotting disorder
Hemophilia B (Factor IX deficiency)
Factor IX gene Xq27.1---q27.2
color blindness
Case: TIJING v. CA, G.R. No.125901,March 8, 2001.

Bienvenida Tijing served as the laundrywoman of Angelita Diamante. In August 1989, Bienvenida do some marketing and left
Edgardo Tijing, Jr., her youngest four-month old son, with Angelita. On her return, they were gone. She could not find them
even in Angelistas house because they had moved to another place. Four years later, they read in a tabloid about the death of
the common-law husband of Angelita whose remains were lying in Hagonoy, Bulacan. She and her husband went there and
see their son who is now named John Thomas Lopez. The Spouses Tijing filed a petition for habeas corpus when Angelita
refused to return their son. The trial court granted the petition and ruled that minor and Bienvenida showed strong facial
similarity. CA reversed and ruled that there was no sufficient evidence to establish the that Bienvenida was the mother of the
minor. SC reversed the CA ruling and granted the petition. It noted that it was the trial court observed several times that when
the child and Bienvenida were both in court, the two had strong similarities in their faces, eyes, eyebrows and head shapes.
Resemblance between a minor and his alleged parent is competent and material evidence to establish parentage
In habeas corpus proceedings, the question of identity is relevant and material.
1.3. ABO blood grouping

ABO Blood Group system-- most popular and useful for blood typing
controlled by a single gene (the ABO gene) with three alleles: i, IA, and IB.
The gene encodes a glycosyltransferasethat is, an enzyme that modifies the carbohydrate content of the
red blood cell antigens.
The gene is 9q34.
BOMBAY PHENOTYPE usual test will show O phenotype; can only accept blood from persons with the same Bombay
phenotype (19q13.3); H antigen precursor of ABO antigen; h/h cannot produce the H antigen
1.4. Genealogical DNA test

A genealogical DNA test looks at a person's genome at specific locations. Results give information about genealogy
or personal ancestry. In general, these tests compare the results of an individual to others from the same lineage or to current
and historic ethnic groups. The test results are not meant for medical use, where different types of genetic testing are needed.
They do not determine specific genetic diseases or disorders. They are intended only to give genealogical information.
Procedure
Taking a genealogical DNA test requires the submission of a DNA sample. The most common way to collect a DNA
sample, which can be done by either visiting a DNA test clinic or by ordering a home test through an independent DNA test
supplier, is by a cheek-scraping (also known as a buccal swab). Other methods include spit-cups, mouthwash, and chewing
gum. After collection, the sample is mailed to a testing lab.
Some laboratories, such as the Human Origins Genotyping Laboratory (HOGL) at the University of Arizona, offer to
store DNA samples for ease of future testing.
Types of tests
There are three types of genealogical DNA tests, autosomal (atDNA), mitochondrial DNA (mtDNA), and Y-
Chromosome (Y-DNA). Autosomal tests for all ancestry. Y-DNA tests a male along his direct paternal line. mtDNA tests a man or
woman along their direct maternal line. Any of these tests can be used to some degree for recent genealogy or for ethnic
ancestry.
(1) Autosomal DNA (atDNA) - maternal/paternal line

Autosomes are chromosomes that are not sex chromosomes (allosomes)
The autosomal DNA test uses STRs from autosomes. There are 22 pairs of autosomes in humans. Autosomal DNA is
inherited from random contributions of the parents
There is no such thing as 100% probability in paternity testing. You cannot compare the DNA sample with every DNA
of every man on earth
What gets tested

Autosomal DNA is the 22 pairs of chromosomes that do not contribute to gender. These are inherited exactly equally
from both parents and roughly equally from grandparents to about 3x great-grand parents. Inheritance is more random and
unequal from more distant ancestors. The X-chromosome is also often included in Autosomal DNA tests. The X-chromosome
has a special path of transmission. Both males and females receive an X-chromosome from their mother, but only females
receive a second X-chromosome from their father.
Generally, a genealogical DNA test might test about 700,000 SNPs (single-nucleotide polymorphisms). Like mtDNA
and Y-DNA SNPs, autosomal SNPs are changes at a single point in genetic code. Autosomal DNA recombines each generation.
Therefore, the number of markers shared with a specific ancestor decreases by half each generation. Some type of microarray
chip is used by the laboratory. Different chips test different SNPs.
STRs
Some genealogical companies offer autosomal STRs (short tandem repeats). These are similar to Y-DNA STRs. The
number of STRs offered is limited, and not genealogically useful.
Matching process
The major component of an autosomal DNA test is matching other individuals. If two individuals share more than a
certain threshold of DNA, they are considered a match by the testing company. Based on the amount of shared DNA, usually
expressed in centiMorgens(cM), their relationship may be predicted. Due to the random nature of DNA inheritance, the exact
relationship cannot be exactly predicted. Depending on the threshold, all 5th cousins and closer should be a match. Whether
6th cousins and further match depends on how DNA has been inherited.
More detailed analysis of matches including the method of triangulation can reveal more precisely how two matches
are related genealogically. GedMatch offers free tools for these purposes. This area of DNA testing can be the most complex
and difficult to understand. Many popular blogs and websites explain these tools for beginners.
Bio-geographical ancestry
Most companies offer a percentage breakdown by ethnicity or region. Generally the world is specified into about 20-
25 regions, and the approximate percentage of DNA inherited from each is stated. This is usually done by comparing the
frequency of each Autosomal DNA marker tested to many population groups. The reliability of this type of test is dependent
on comparative population size, the number of markers tested, the ancestry informative value of the SNPs tested, and the
degree of admixture in the person tested. Earlier ethnicity estimates were often wildly inaccurate, but their accuracies have
since improved greatly.
(2) Mitochondrial DNA (mtDNA) testing - mother to maternal descendants

Mitochondrial DNA DNA is taken from the mitochondria of the cells; inherited through the ovum because the father
contributes nuclear DNA material only
Each human cell contains an average of 100 mitochondria
Each mitochondrion contain an average of 5 mDNA (range of 1-15)
00-10,000 copies of mtDNA are usually present per cell
All mothers passed on identical DNA materials to both sons and daughters
In mDNA test, what is tested are 2 hypervariable regions (HVR1 and HVR2) located in the mDNA
The Mitochondrion is a component of a human cell, and is technically not DNA. It is very small, at just 16,569 base
pairs (by comparison the human genome is 3.2 Billion base pairs). It is transmitted from mother to child, thus a direct maternal
ancestor can be traced using mtDNA. The transmission occurs with very little recombination or mutation. A perfect match
found to another person's mtDNA test results indicates shared recent ancestry. More distant matching to a specific
haplogroup or subclade may be linked to a common geographic origin.
Some people cite paternal mtDNA transmission as invalidating mtDNA testing, but this has not been found
problematic in genealogical DNA testing, nor in scholarly population genetics studies.
What gets tested

mtDNA, by current conventions, is divided into three regions. They are the coding region (00577-16023) and two
Hyper Variable Regions (HVR1 [16024-16569], and HVR2 [00001-00576]).[2] All test results are compared to the mtDNA of a
European in Haplogroup H2a2a.
The two most common mtDNA tests are a sequence of HVR1 and HVR2 and a full sequence of the mitochondria.
Some mtDNA tests may only analyze a partial range in these regions. Generally, testing only the HVRs has limited genealogical
use so it is increasingly popular and accessible to have a full sequence. The full sequence is still somewhat controversial
because it may reveal medical information.
Understanding test results

It is not normal for test results to give a base-by base list of results. Instead results are compared to theCambridge
Reference Sample(CRS), which is the mitochondria of a European women from Haplogroup H. Differences between the CRS
and the tester are usually very few, thus it is more convenient than listing one's raw results for each base pair.
Examples
Note that in HVR1, instead of reporting the base pair exactly, for example 16,111, the 16 is often removed to give in
this example 111. The Letters refer to one of the 4 bases (A,T,G,C) that make up human DNA.
All humans descend in the direct female line from Mitochondrial Eve, a female who lived probably around 200,000
years ago in Africa. Different branches of her descendants are different haplogroups. Most mtDNA results include a prediction
or exact assertion of onesmtDNA Haplogroup. Mitochrondial haplogroups were greatly popularized by the popular book The
Seven Daughters of Eve, which explores mitochondrial DNA from a European perspective.
mtDNA in the news

mtDNA testing was used by University of Leicester archaeologists to verify the skeletal remains of King Richard III,
found in September 2012.
(3) Y chromosome (Y-DNA) testing; father/paternal line to son/male descendants

The Y-Chromosome is part of the 23rd pair of human chromosomes. Only males have a Y-chromosome, because
women have 2 X chromosomes in their 23rd pair. A man's patrilineal ancestry, or male-line ancestry, can be traced using the
DNA on his Y chromosome (Y-DNA), because the majority of the Y- chromosome is transmitted father to son nearly
unchanged. A man's test results are compared to another man's results to determine the time frame in which the two
individuals shared a most recent common ancestor, or MRCA, in their direct patrilineal lines. If their test results are a perfect, or
nearly perfect match, they are related within genealogy's time frame. A surname project is where many individuals whose Y-
chromosomes match collaborate to find their common ancestry.
Women who wish to determine their direct paternal DNA ancestry can ask their father, brother, paternal uncle,
paternal grandfather, or a paternal uncle's son (their cousin) to take a test for them.
What gets tested

There are two types of DNA testing-STRs and SNPs.
STR markers
Most common is STRs (short tandem repeat). A certain section of DNA is examined for a pattern that repeats (e.g.
ATCG). The number of times it repeats is the value of the marker. Typical tests test between 30 and 120 STR markers. STRs
mutate fairly frequently. The results of two individuals are then compared to see if there is a match. Close matches may often
join a surname project. DNA companies will usually provide information about how closely related two matches are, based on
the difference between their results. One's haplogroup can be predicted but not confirmed by a STR test. Confirmation
requires a SNP test.
Haplotype
A Y-DNA haplotype is the numbered results of a genealogical Y-DNA STR test. Each allele value has a distinctive
frequency within a population. For example, atDYS455, the results will show 8, 9, 10, 11 or 12 repeats, with 11 being the most
common.
2. DNA-BASED PARENTAGE TESTING
What is DNA typing?

DNA typing is a process of extracting
and analyzing the DNA of a biological sample
taken from an individual. This process generates a
DNA profile, and every person - with the
exception of identical twins - has a unique DNA
profile.
How is DNA typing used in testing paternity ?

Everyone has two copies of autosomal
DNA, one inherited from each biological parent.
To resolve a case where the paternity/maternity
of a child is in question, DNA profiles from the
alleged parent, other parent and child should be
generated and compared.
DNA Typing from start to finish

1. Briefing and signing of documents
2. Blood sample collection
3. DNA extraction
4. PCR amplification of extracted DNA
5. Automated DNA analysis
6. Comparison of DNA profiles and
statistical analysis of DNA profiles, if
needed
7. Report of findings and
recommendations
What biological samples will be taken for

DNA testing?
Blood or buccal samples will be taken.
Only blood samples will be archived for five years.
Can the results of DNA-based filiation testing

be used in court?
Yes. DNA testing has been ordered and results admitted as evidence in cases of child support, inheritance disputes
and settlement of estate, insurance and for immigration purposes. The Philippines Supreme Court promulgated the Rule on
DNA Evidence in October 2007.
3. Wisdom-based - CSW v. CSW, 1 Kings 3:16-28, Israel
4. Applications
4.1. Petition for compulsory recognition -

Case: HERRERA v. ALBA, G.R. No. 148220, June 15, 2005.
Supra, p. 21
4.2. Action for support -

Case: AGUSTIN v. CA, GR No. 162571, 15 June 2005.
Fe and her son Martin are suing Arnel for support and support pendent lite. Since Arnel denies being the father of the child, Fe
and Martin moved for an order directing all the parties to submit to DNA paternity testing. Arnel opposed invoking his right
against self-incrimination. SC held that an order to submit to DNA testing is proper. Tijing v. CA opened the possibility of
admitting DNA evidence. People v. Vallejo was the first breakthrough of DNA evidence as admissible and authoritative
evidence. If, in a criminal case, an accused whose very life is at stake can be compelled to submit to DNA testing, we see no
reason why, in this civil case, petitioner cannot be ordered to do the same.
4.3. Rape -
Case: PEOPLE v. YATAR, G.R. No. 150224, 19 May 2004
Yatar was convicted of the rape with homicide of Kathylyn Uba. Subsequent testing showed that DNA of the sperm specimen
from the vagina of the victim was identical the semen to be that of appellants gene type. Even without the DNA
evidence, rule on circumstantial evidence applies (see facts below) The right against self- incrimination is simply against the
legal process of extracting from the lips of the accused an admission of guilt. It does not apply where the evidence sought to
be excluded is not an incrimination but as part of object evidence. What is proscribed is the use of testimonial compulsion or
any evidence communicative in nature acquired from the accused under duress. The science of DNA typing involves the
admissibility, relevance and reliability of the evidence obtained under the Rules of Court. DNA profiling requires a factual
determination of the probative weight of the evidence presented. Dr. Maria Corazon Abogado de Ungria was duly qualified
by the prosecution as an expert witness on DNA print or identification techniques. Based on Dr. de Ungrias testimony, it was
determined that the gene type and DNA profile of appellant are identical to that of the extracts subject of examination. The
blood sample taken from the appellant showed that he was of the following gene types: vWA 15/19, TH01 7/8, DHFRP2 9/10
and CSF1PO 10/11, which are identical with semen taken from the victims vaginal canal. Verily, a DNA match exists between
the semen found in the victim and the blood sample given by the appellant in open court during the course of the trial.
Case: PEOPLE v. UMANITO, G.R. No. 172607, October 26, 2007
Rufino Umanito was charged with raping AAA who subsequently became pregnant. The SC ordered the Umanito, AAA, and
her child to undergo DNA testing, recognizing that with the advance in genetics and the availability of new technology, it can
now be determined with reasonable certainty whether Umanito is the father of AAAs child. If he is not, his acquittal may be
ordained. If the mans DNA types do not match that of the child, the man is excluded as the father. If the DNA types match,
then he is not excluded as the father. Under Section 4 of the Rules, the courts are authorized, after due hearing and notice,
motu proprio to order a DNA testing. The case was remanded to RTC for reception of DNA evidence.
In People v. Umanito (2009), the DNA test was conducted by the NBI by taking buccal swabs from the mouths and five
droplets of blood from the ring fingers of Umanito, AAA, and her child (BBB). The results showed that there is a Complete
Match in all of the 15 loci tested between the alleles of Umanito and BBB. Based on the findings, there is a 99.9999%
probability of paternity that Umanito is the biological father of BBB. The disputable presumption that was established as a
result of the DNA testing was not contradicted and overcome by other evidence considering that the accused did not object
to the admission of the results of the DNA testing nor presented evidence to rebut the same. The Trial Court ruled that
Umanito was the biological father of BBB and thus guilty of the crime of rape.
4.4. Petition to establish illegitimate filiation-

Case: LUCAS v LUCAS, G.R. No. 190710, June 6, 2011
Jesse Lucas files a Petition to Establish Illegitimate Filiation with Motion for Submission of Parties to DNA Testing before
RTC-Valenzuela, claiming that respondent Jesus is his father. Case was set for hearing. The RTC ordered notice by publication.
Jesus objects to this on the ground that since the petition is adversarial in nature, summons should have been served on him.
For failure to do so, he alleges that the court did not acquire jurisdiction over his person. He also raised non-compliance with
the requisites laid down in Herrera v. Alba with respect to the 4 procedural aspects of a traditional paternity suit, which he
claims should be first met. SC held that jurisdiction was duly acquired by publication, the action being one in rem. And that
the Herrera v. Alba requirements need not be complied with upon filingbecause they are evidentiary matters. The SC
noted CAs view that it would be dangerous to allow a DNA testing without corroborative proof and supplemented the rules
on DNA Evidence. In some states, to warrant the issuance of the DNA testing order, there must be a show cause hearing
wherein the applicant must first present sufficient evidence to establish a prima facie case or a reasonable possibility of
paternity or good cause for the holding of the test. An order for blood testing is considered a search thus must be
preceded by finding of prima facie case, or reasonable possibility, as a counterpart in civil actions of a finding of
probable cause in criminal actions. The same condition precedent should be applied in our jurisdiction to protect the
putative father from mere harassment suits. Thus, during the hearing on the motion for DNA testing, the petitioner must
present prima facie evidence or establish a reasonable possibility of paternity. Notwithstanding these, it should be stressed
that the issuance of a DNA testing order remains discretionary upon the court. The court may, for example, consider whether
there is absolute necessity for the DNA testing. If there is already preponderance of evidence to establish paternity and the
DNA test result would only be corroborative, the court may, in its discretion, disallow a DNA testing.
Annex A: The History of Legal Medicine

By Cyril H. Wecht, MD, JD
Dr. Wecht is Coroner of Allegheny County, Pittsburgh, PA, and is in private practice at Cyril H. Wecht and Pathology Associates,
Pittsburgh, PA.
Before discussing legal medicine and forensic science, it would be helpful to have a general definition of terms. Forensic
science is a broader term than legal medicine. The former actually encompasses the latter. The term "forensic" is used as an
adjective to identify a growing group of subspecialties in science and medicine, all of which convey the fundamental concepts
of methods, hopefully both scientifically valid and legally admissible, for the presentation of evidence in courts of law.1 Legal
medicine is considered to be the field of study and accumulation of materials that deals with the application of medical
knowledge to the administration of justice.2 For the purposes of this article, forensic medicine should be considered
synonymous with legal medicine.3
Medicine and law have been related from the earliest times. The bonds that first united them were religion, superstition, and
magic. The functions of the physician and the jurist were united in the priest, the intermediary between God and man. In early
civilizations, primitive legal codes, religious doctrines, and social precepts were often ill distinguished, and laws with a medical
content were often found within their context.4 Ecclesiastical courts and canon law were concerned with much that related
not only to religious matters but also to medicinefor example, impotence, divorce, sterility, pregnancy, abortion, period of
gestation, and sexual deviations. The oldest of these written records, the Code of Hammurabi, includes legislation pertaining
to the practice of medicine, dating back to the year 2200 B.C.5 It covered the topic of medical malpractice and set out for the
first time the concept of civil and criminal liability for improper and negligent medical care. Penalties ranged from monetary
compensation to cutting off the surgeons hand. Fees also were fixed. The Code discussed various diseases of a slave that
would invalidate a contract. Also included were references to incest, adultery, and rape.
In ancient Egypt, the acts of the medical man were circumscribed by law. Stab wounds were differentiated in the 17th
century B.C. The Egyptians had a thorough knowledge of poisons. There is evidence that priests made determinations
regarding the cause of death and whether it was natural or not.6
The Chinese published information about poisons, including arsenic and opium 3000 years B.C. In ancient Persia, wounds
were put into one of seven classes, ranging from simple to mortal. In ancient Greece, there was a knowledge of poisons and
laws against abortions. However, autopsies were not performed, since a dead body was regarded as sacred.7
In Rome 600 years B.C., a law was passed requiring that a woman who died in confinement should be immediately "opened"
to save the child. The investigators of murder were selected from the citizenry. When Julius Caesar was assassinated in 44 B.C.
(March 15), the physician Antistius examined his body and concluded that only one of the 23 stab wounds was mortal.8
The legal code in ancient Greece (about 460 B.C.) was very elaborate. In addition, it was a time of great advances in
medicine. Though there is no clear evidence that medical knowledge was officially made use of in establishing proof in courts
of law, it is known that Hippocrates and others discussed many genuine medicolegal questions. These questions included the
relative fatality of wounds in different parts of the body, the average duration of pregnancy, the viability of children born
before full term, and other matters. Moving across the Mediterranean, there is in existence a papyrus, found in Egypt and
dated from pre-Christian times, in which a medical officer in Alexandria submitted a report on a suicide about which there had
been some suspicion of murder.5
The Justinian Code, which made its appearance in Rome between 529 and 564 A.D., included within its provisions a precept
that indicated that a medical expert would not be used to proper or greatest advantage if he were to be simply regarded as an
ordinary witness, appearing for one side or the other. The Code, with much wisdom, stated that the function of such an expert
was really to assist the judiciary by impartial interpretation and opinion, based on his specialized knowledge.5
There was also the recognition of medicolegal problems in the Far East. In China, in approximately 1236 A.D., a volume
entitled the Hsi Yuan Lu (freely translated, Washing Away of Wrongs) was compiled that outlined procedures to be followed in
investigating suspicious deaths. The book urged the medical examiner to make a thorough and systematic examination of
every corpse, however unpleasant its condition. The book discussed the difficulties caused by decomposition and even
advised the examiner about the problems associated with counterfeit wounds. Sections were devoted to wounds caused by
blows from fists or from kicking and to deaths caused by strangulation or drowning. Means for distinguishing between the
bodies of drowned persons and those thrown into the water after death were discussed, as were the distinctions between
ante- and postmortem burning. The examiner was also cautioned that nothing in the inquest should be regarded as being
unimportant. Considering its era, this volume was amazingly thorough.5
European Legal Medicine
In 1553 the Germanic Emperor, Charles V, published and proclaimed the Caroline Code, which clearly stated in its pertinent
sections that expert medical testimony must be obtained for the guidance of the judges in cases of murder, wounding,
poisoning, hanging, drowning, infanticide, and abortion and in other circumstances involving injury to the person.8
France also had an early start among European nations in the cultivation of a medicolegal system. From 1570 to 1692,
France enacted laws that, like those of Germany, favored the development of legal medicine as an academic discipline.
However, by 1690, medicolegal offices became corrupt, and progress in legal medicine actually regressed, not to start on a
forward march again until after the French Revolution in the next century.9
Meanwhile, in Italy, a physician named Fortunato Fedele published in 1602 a fairly comprehensive volume on forensic
medicine entitled, De Relationes Medicorum. Another Italian, Paola Zacchia, a papal physician, published the huge Questiones
Medicina-Legales, which quickly overshadowed Fedeles work. Zacchias book discussed in detail questions of age, legitimacy,
pregnancy, death during delivery, resemblance of children to their parents, dementia, poisoning, impotence, feigned diseases,
miracles, rape, mutilation, and the matters concerning public health. The work has deficiencies that can easily be explained by
the era in which it was written; for instance, the knowledge of anatomy and physiology was sketchy and erroneous. The book
also contains sections on the different methods of torture then in existence, and it has a section that deals with miracles.
Despite these shortcomings, it was a worthwhile and influential volume.10
Legal medicine was not treated as being just a theoretical pursuit. It was eventually brought into the courtroom. For
example, in 1667 Schwammerdamm, in Germany, claimed that the lungs of a newborn baby would float in water if the baby
had actually breathed. That is, if it was not stillborn and had lived and subsequently died, either by natural causes or by
homicide. In 1681, the German physician Schreger used this test forensically, and secured the acquittal of a girl who had been
accused of murdering her illegitimate child.6
Legal medicine began to be promoted within formal educational circles. In 1650, Michiaelis, in Germany, delivered lectures
on legal medicine. By 1720, professorships concerning the subject were founded by the state. Germany, in fact, established the
first known medicolegal clinic in Vienna in about 1830 and a second one in Berlin in 1833. France established its first clinic in
1840. France has also provided, since 1803, that judges appoint medical experts who must be graduates in medicine and must
have attended a course (in earlier days this requirement was fulfilled by going to one or more lectures) and have passed an
examination in legal medicine. France established its first professional Chair in Legal Medicine in 1794. Great Britain, in 1803,
established its first Chair of Forensic Medicine at the University of Edinburgh. By 1876, there were chairs in all of its medical
schools.9
These academic recognitions should not lead one to believe that legal medicine had entered into a thoroughly enlightened
era. Its development was always academically turbulent and against the intellectual current of the times. For example, during
the period from 1620 to 1720, a serious topic of conversation in both medical and medicolegal circles was whether a woman
could be impregnated by the devil or in a dream.9 In fact, in one case French judges actually legitimized an infant in a case in
which the husband had been separated for four years from the mother, on the grounds that the child owed its paternity to a
dream. Until 1726, it was taught that in the presence of the murderer, his victims wounds would "open their congeald
mouths and bleed afresh." Courts would accept the testimony of medical experts as to this miraculous bleeding of the corpse.
Unearthed bones of animals would serve to convict men of murder. The highest medicolegal authorities advocated belief in
ghosts, witches, and possession by the devil. They united with the clergy until 1752 in denouncing all disbelievers in these
precepts as heretics and atheists. The authorities also recommended persecuting, drowning, and burning thousands of the
insane, since they were, after all, "firebrands of hell" who were "moved and seduced by instigation of the devil." The going was
not smooth, indeed.7
In the 5th century, when the Germanic and Slavic peoples took over Western Europe, they instituted a system of indemnity
to replace the primitive system of personal vendetta. The person responsible for the injury would pay an amount to the
injured party or, in the case of death, to his relative. Since the payment varied with the severity of the wound, it was important
to classify the wounds in the code and to be able to call on experts to testify as to the damages. In the Visigothic and Bavarian
Codes, mention is made of injury to pregnant women, to the child in utero, poisoning of prisoners, and penalties of negligent
doctors if the patient died.11
Charlemagne attempted to give some unity to the laws of the empire. There was recognition of the necessity of adducing
all relevant evidence in judicial cases. There were articles discussing the direct intervention of physicians and instructions to
judges to seek all relevant medical evidence, especially in cases involving questions of wounds, infanticide, suicide, rape,
bestiality, and divorce on the grounds of impotence. The assizes of Jerusalem, in 1100, provided for the courts to order medical
examinations. In the case of murder, the corpse had to be examined, and a report made as to what had been found, the
location of the injuries, and the likely mechanism that had caused them.11
In Italy, in 1249, Hugo de Lucca took his oath as a medicolegal expert. Medical reports from this time show that autopsies
were performed to determine the cause of death. Pope Innocent III, in 1209, provided for appointment of doctors to the courts
for the determination of wounds. In Germany, in 1507, a comprehensive penal code was established that called for proof of
cause in all violent deaths. It allowed the opening of bodies and represented progress toward the practice of medicolegal
autopsies and the development of legal medicine as a separate professional discipline. It became a subject for special
instruction in the 17th century and, by the start of the 18th century, designated chairs in legal medicine were created in
German universities. Around this time, the earliest applications of medical observations designed solely to aid justice were
made. The hydrostatic test to see whether a child had been born alive was used in cases of suspected infanticide.11
The first book on legal medicine written in English was authored by Samuel Farr in 1788 and was entitled Elements of
Medical Jurisprudence, a succinct and compendious description of findings in the human body that were required for
judgment by coroners and courts of law in cases of divorce, rape, and murder, among others. The first British teacher of legal
medicine was Andrew Duncan, a professor of physiology, who gave a course of lectures on legal medicine and public health,
beginning in 1789. His son, Andrew Duncan, Jr, became the first professor on this subject at the University of Edinburgh, where
the first Chair in Legal Medicine in the English-speaking world was established. Alfred Taylor (1806 1880), Professor of Medical
Jurisprudence at Guys Hospital Medical School, wrote Principles and Practice of Medical Jurisprudence. The British Association
in Forensic Medicine was established in 1950, and later the British Academy of Forensic Sciences was created in 1960.4
American Developments
In the United States, the first lecturer on legal medicine was Dr. J. S. Stringham, who gave his lectures in New York beginning
at around 1804.12 In 1813, the first Chair of Medical Jurisprudence was established by the College of Physicians and Surgeons
of New York City and was filled by this same Dr. Stringham. In 1815, the College of Physicians and Surgeons of the Western
District of New York appointed Dr. T. R. Beck as the Professor of the Institutes of Medicine and Lecturer on Medical
Jurisprudence.13 In the same year, the Medical Department of Harvard University appointed Dr. Walter Channing as the
Professor of Midwifery.14
Dr. Benjamin Rush is credited with emphasizing the significance of the relationship between law and medicine in the early
1800s. As the nations first surgeon general and a signatory of the Declaration of Independence, Rush established American
legal medicine with his published lecture "On the Study of Medical Jurisprudence," which he delivered to medical students at
the University of Pennsylvania in Philadelphia in 1811. The lecture dealt with homicide, mental disease, and capital
punishment.15
The works of Stringham and Rush inspired the teaching of medical jurisprudence in other American medical schools.
Among the early teachers were Dr. Charles Caldwell in Philadelphia and Dr. Walter Channing at Harvard. In 1819, Dr. Cooper, a
legal officer of distinction and president of the College of South Carolina, published Tracts on Medical Jurisprudence. This
volume contained almost all available literature written in English on legal medicine.16
In 1815 Dr. T. Romeyn Beck was appointed lecturer on medical jurisprudence at Western Medical College in New York state.
In 1823, Beck published the Elements of Medical-Jurisprudence, which defined the field of legal medicine for about half a
century of American medical practice. Becks two volumes included impressive topics, such as rape, impotence and sterility,
pregnancy and delivery, infanticide and abortion, legitimacy, presumption of survivorship, identity, mental alienation, wounds,
poisons, persons found dead, and feigned and disqualifying diseases.17
In 1838, Isaac Ray published A Treatise on Medical Jurisprudence of Insanity. In 1855, the year that Beck died, Francis
Wharton, an attorney, and Dr. Moreton Stille, a physician, collaborated to publish A Treatise on Medical Jurisprudence. In 1860,
Dr. John J. Elwell, a physician and an attorney, published a book entitled A Medico-Legal Treatise on Malpractice, Medical
Evidence, and Insanity Comprising the Elements of Medical Jurisprudence, which highlighted the issue of malpractice in the
medical jurisprudence literature. Elwells book presented excerpts from contemporary cases for the purpose of teaching
physicians what to expect from malpractice litigation. Dr. John Odronaux, also a physician and an attorney, published
Jurisprudence of Medicine in 1867 and Judicial Aspects of Insanity in 1878. In 1894, Randolph A. Witthaus and Tracy C. Becker
published Medical Jurisprudence, Forensic Medicine and Toxicology.18
For medical students and physicians, medical jurisprudence assumed the position of central importance in U.S. schools of
medicine throughout most of the 1800s. During the course of the 19th century, the institutions, laws, and judicial decisions in
America reflected the increasing influence of sound medicolegal principles, especially those pertaining to mental disease and
criminal lunacy.
After the Civil War, however, things changed drastically. Legal medicine became temporarily dormant. American Professor
and Dean Stanford Emerson Chaille expressed his view of the deplorable condition of medical jurisprudence in the United
States. Chaille demonstrated how the teaching of medical jurisprudence had deteriorated by noting that in some medical
colleges the course had been dropped altogether.9 In others, it had been attached to some other subject, and in many
colleges the teaching of medical students was entrusted to an attorney with no formal training in the medical field.2
Even in the early 20th century, the teaching of medical jurisprudence was relegated to a position as an occasional subject
taught outside the mainstream.19 However, by the middle of the 20th century, legal medicine underwent a renaissance, as
evidenced by the establishment of the American College of Legal Medicine (ACLM), the founding of the Law-Medicine
Institute at Boston University, and the rekindling of contemporary interest in a vast array of legal medicine issues, medical
ethics, physician and patients rights, and business and professional aspects of medical practice.
In 1867, the Medico-Legal Society was organized in New York. It was the first society in the world to be organized for the
purpose of promoting the principles that an attorney could not be fully equipped for the prosecution or the defense of an
individual indicted for homicide without some knowledge of anatomy and pathology and that no physician or surgeon could
be a satisfactory expert witness without some knowledge of the law. Harvard University established a separate professorship in
legal medicine in 1877.2
Organizations
In 1955, recognizing the growing impact of legislation, regulations, and court decisions on patient care and the general
effect of litigation and legal medicine on modern society, a group of physicians and surgeons, some of whom were educated
in the law, organized what would later become the aforementioned American College of Legal Medicine (ACLM). The college
was incorporated on September 23, 1960, by nine doctors of medicine, three of whom were attorneys. Of the 36 physicians
who were designated founding fellows, 10 had earned law degrees.
The ACLM is the oldest and most prestigious U.S. organization devoted to problems at the interface of medicine and law. Its
membership is made up of professionals in medicine, osteopathy, and allied sciences, including dentistry, nursing, pharmacy,
podiatry, psychology, and law. The ACLM has published a scholarly journal, the Journal of Legal Medicine, since 1973. In 1988,
the ACLM also published the first edition of the textbook, Legal Medicine; the sixth edition was published in 2004.10
In 1972, a physician and two attorneys founded the American Society of Law and Medicine (Ethics was added in 1992;
ASLME) as a successor organization to the Massachusetts Society of Examining Physicians. Its founding president was
cardiologist Dr. Elliot Sagall, who also co-taught the law and medicine course at Boston College Law School with George J.
Annas, an attorney. The organization quickly became the largest medicolegal organization in the world dedicated to
continuing education, as well as the publisher of the two leading medicolegal journals: the Journal of Law, Medicine, and
Ethics and the American Journal of Law and Medicine. The latter is published as a law review at Boston University Law School.
The ASLME also has sponsored international meetings in locations around the world in an effort to bring physicians, attorneys,
ethicists, and others interested in health law together.20
Education
From World War II until the late 1960s, the field of legal medicine was defined by law school courses that were almost
exclusively concerned with forensic psychiatry and pathology and were properly considered advanced courses in criminal law.
In the late 1960s, some law and medicine courses began concentrating on broader medicolegal questions faced in the
courtroom, including disability evaluation and medical malpractice. These courses were properly considered either advanced
tort or trial practice courses.10
In the 1970s the concerns of at least some law and medicine courses expanded to include public policy, including access to
health care and the quality of that care. At the same time, advances in medical technology created new legal areas to
explorefrom brain death and organ donation to abortion and in vitro fertilization. These topics were increasingly
incorporated into law and medicine courses, which were themselves becoming known by the broader term of "health law."10
Teachers of health law in law schools and medical schools, together with health law teachers in schools of public health and
schools of management, began meeting on a regular basis in 1976, when the first national health law teachers meeting took
place at Boston University under the auspices of the law schools Center of Law and Health Sciences (the successor
organization to the Law-Medicine Institute). The purpose was to help define the expanding field and develop necessary
teaching materials.20 In 1987, the American Association of Law Schools sponsored its first teaching workshop on health law.
Although this narrower group only recently convened, its program and proceedings offer useful insight into the current state
of health law in law schools. As the organizers of the workshop saw it, law and medicine (fields primarily concerned with
medical malpractice, forensic medicine, and psychiatric commitment) had become subdivisions of the new field of health law.
Health law itself has three additional subdivisions: economics of health care delivery, public policy and health care regulation,
and bioethics. These three subdivisions are actually three different approaches to the same subject matterthe health care
industry. Health law is applied law, much the way medical ethics is applied ethics.21
In an effort to bridge the gap between law and medicine, some attorneys enroll in medical school or in dual-degree MD/JD
programs. The number of medical school courses extraneous to a legal practice specializing in medicine also discourages
attorneys from pursuing a formal medical education.22
In 1993, Harry Jonas, Sylvia Etzel, and Barbara Barzansky noted that students can earn combined doctor of medicine and
doctor of jurisprudence (MD/JD) degrees in only 9 of 125 degree-granting U.S. medical schools fully accredited by the Liaison
Committee on Medical Education (LCME). Presently, there are 15 such programs. In contrast, students can earn combined
doctor of medicine and doctor of philosophy (MD/PhD) degrees in 113 of the 125 U. S. medical schools. Most individuals who
currently have MD/JD degrees, however, earned their doctorate degrees separately, with most of them earning the MD first.23
In 1985, Eugene Schneller and Terry Weiner published their findings regarding individuals who earned MD/JD dual degrees
and noted that cross-professional education in law and medicine remains a relatively rare phenomenon in the United States.
They concluded that
...without the development of institutionalized career lines and the acceptance of cross-disciplinary approaches to problem
solving MD/JDs must negotiate their jobs and job descriptions within an occupational structure that rewards disciplinary
efforts. The marginal status of the interprofessional specialist persists in the decade of the 1980s [Ref. 24, p 337].
A combined MD/JD program is probably not the most effective way to teach medical concepts to law students, and it is
doubtful that many students are willing to pursue such a long period of training. Moreover, there is more than enough to learn
in either field.24
These reasons probably explain the increasingly popular movement toward providing a health law concentration in many
law schools and offering joint JD/MPH degree programs (such as those at Boston University and Georgetown University) for
students interested in health law. Practicing attorneys need a working knowledge of the health care industry, but do not need
to know most of the material taught in medical schools. A well-developed health law program designed to fit into the law
school curriculum can prepare an attorney to handle medical matters competently. Existing programs, such as health law
concentrations at Boston University, Georgetown, Case Western, St. Louis University, and Loyola of Chicago, are still few in
number.25
In 1982, the American Board of Legal Medicine was established to administer examinations to individuals with both legal
and medical degrees. Since then, this Board has certified approximately 250 MD/JDs in legal medicine. These examinations are
given annually. Other specialty groups that may have some relevance to MD/JDs are the American College of Physician
Executives and the American College of Quality Assurance.10
The teaching of medicolegal problems in our countrys medical schools has not, however, been as swift or as
comprehensive as one would desire. Although many respected authorities in the field have urged for a long time that the
active teaching of forensic medicine should be a responsibility and duty of our medical schools to their medical students, most
medical schools have been slow in paying heed to this advice. In 1951, one respected authority in the field, Dr. William E. B.
Hall, stated before the Academy of Forensic Sciences that Americas medical schools had been, for the most part, derelict in
their duty.26 Hall felt that medical students received only a cursory indoctrination in the rights and duties of the physician, the
rights of the patient, the various aspects of malpractice, and the functions of the courts. Hall stated:
We ask that our medical schools train our students, that they may at best recognize something of the medicolegal aspects
of the various contacts in this practice, that they be better able to avoid misinterpretations of the facts and observations of a
case, that they recognize when more capable advice and assistance are needed, so that the innocent may not needlessly be
subjected to prosecution, and the operations of justice will be furthered [Ref. 26, p 555].
We have come a long way in the past 25 years toward meeting Halls criteria.27 The output of literature on medicolegal
subjects has increased year by year, and, in general, forensic medicine in America, with regard to teaching and research,
appears to be progressing. However, there is a still a long way to go before we can be intellectually satisfied with the level of
understanding, acceptance, and utilization of this extremely important field of study.
Annex B: Sample Exam C2017 MED JUR MIDTERMS REVIEWER | 53
GROSS ANATOMY Identify and write the corresponding letter in the drawing with
What is the plane in the CT scan sections of the head below? an arrow and identified by capital letters the following wounds:
A. coronal o GSW 10 cms. to the left lateral to umbilicus - B
B. sagittal o 5 cms. transverse hack wound left lateral from midline
C. transverse of the cervical region at the level of the laryngeal
D. medial prominence - D
E. dorsal o puncture wound at the inferior margin of the right
scapula J
In the illustration below, X corresponds to a bony

protruberance called
A. acromion
B. patella
C. olecranon
D. sternum
E. mental
In the illustration below, which structure is located in the mid-
clavicular line?
A. axilla
B. right rectus abdomini
C. left nipple
D. acromion
E. umbilicus
BIOMETRICS & BEHAVIOMETRICS
Subject is
A. more than 21 years old
In the illustration above, which structure is most proximal to the B. less than 17 years old
umbilicus? C. definitely 17 years old
A. axilla D. age cannot be determined
B. right rectus abdomini
C. left nipple
D. acromion
E. deltoid
Describe location of gunshot wound (GSW) marked X
A. lateral to the right nipple
B. medial and inferior to GSW Y
C. medial to the left anterior axillary line (should be ---
medial to the right anterior axillary line)
D.A & B
E. all of the above
Mandibular, central incisor, right O
Maxillary, Wisdom tooth, right, occlusal surface - A
Maxillary, 2nd molar, left, mesial surface- H
Mandibular, 2nd molar, right, distal surface-R
Possible grounds for suspension or revocation of license to

practice dental medicine
A. extracting the healthy tooth and replacing it with
porcelain
B. sexual addiction
C. methamphetamine addiction
D. A & B
E. all of the above
Dental filling is present

A. maxillary, 2nd premolar, right
B. maxillary, 2nd molar, left
C. mandibular, 2nd molar, right
D. A & B
E. all of the above
Possible causes of teeth condition above

A. nicotine stains
B. eating of too much curry
Wife of a missing person showed to you this photo of a dental C. not brushing teeth regulary - caries
procedure undergone by her husband. Conclusion: D. A & B
A. her husband is not the cadaver E. all of the above
B. her husband is still alive First teeth to erupt (appear) starting at 6 months
C. her husband ran away with her best friend A. central incisors (upper)
D. A & B B. central incisors (lower)
E. all of the above C. A & B
True statements regarding Marciano Medina in People v.

Medina., G.R. No. L-38434,December 23, 1933:
A. Had been convicted twice for the crime of theft
B. His defense was alibi, having a sore foot and at
home
C. His alleged accomplice Alejandro Dola was not
apprehended
D. all of the above
E. none of the above
In People v. Medina, the following Galton details were observed
as being the same in the fingerprints marked as Exhibits A and B:
A. two (2) both ends of a short ridge
Location of bite mark B. two (2) bifurcations
A. right, along the midclavicular line C. four (4) upward end of a ridge
B. left, along the midclavicular line D. all of the above
C. left, medial to anterior axillary line E. none of the above
D. A & B Classify the fingerprint :
E. all of the above A. arch
Advantage/s of facial recognition system B. ulnar loop
A. facial data could be taken without consent C. radial loop
B. preventive measure D. whorl
C. skin texture data can be included E. accidental
D. A & B True about fingerprints
E. all of the above A. not identical in identical twins
Iris patterns B. forms when fetus is about 6 months (Note: starts
A. unique and can be used for verification forming at about 17 weeks; fully formed at 6 months)
B. protected organ, unlike the fingers C. the arrangements of the ridge units may for
C. the same for identical twins comparison
D. A & B D. A and B
E. all of the above E. All of the above
History of Biometry Viewing tools used in detecting forgery:

A. Bertillon: Anthropometry A. infrared light
B. Aristotle: Physiognomy B. ultraviolet light
C. Galton: Fingerprint C. fluorescence viewing
A. D.OnlyA&B D. A & B only
D. All of the above E. All of the above
Difference between a whorl and a central pocket loop Used in comparing handwriting
A. only central pocket loops have two (2) deltas A. pattern recognition
B. a line drawn between two deltas would transect a B. software tools
circular ridge in central pocket loops C. computational theories
C. All of the above D. A and B
D. None of the above E. All of the above
7. True about iris identification True statements regarding signatures
A. not the same for identical twins A. stylized variant of a handwriting
B. color of eyes depends on underlying melanin B. can be reproduced mechanically
pigments C. in our country, there is no law prohibiting its use in
C. based on unique retinal patterns official documents
D. OnlyA&B D. OnlyA&B
E. All of the above E. All of the above
8. Features used in hand geometry Note: in our country, there is no law prohibiting the
A. width of palms & fingers use of mechanically reproduced signatures in official
B. positioning of fingers with respect to documents.
C. texture of hands Generation of sounds is dependent on the following
D. Only A&B A. lungs
E. All of the above B. larynx
True regarding primary teeth C. certain parts of the brain
A. usually, 2nd molars are not shed D. A&B
B. canines are shed by 4-5 years of age E. All of the above
C. lower central incisors usually are the first to erupt True about speech recognition
as early a 6 months A. can be used for identification and verification
D. Only A & B E. All of the above B. speaker diarisation involves identifying speakers in a
True statements in odontology group setting
A. enamel is the strongest tissue in the body C. may be text dependent or independent
B. pulp may be a source of DNA D. only A & B
C. mesial surface of tooth is nearest the throat E. None of the above
D. OnlyA&B Note: All the choices refer to SPEAKER Recognition
E. All of the above which is different from SPEECH RECOGNITION
Bite marks Other behaviometrics
A. cast of suspects teeth are taken for comparison A. A.gait
B. distance from cuspid to cuspid are taken B. keystroke patterns
C. Tom Bundy was convicted based on bite marks C. finger-vein patterns
D. OnlyA&B D. Only A & B
E. All of the above E. All of the above
True statements in relation to P.D. 1575: Private biometrics
A. dental records should be kept for at least 10 years and A. protects against identity theft
then turned over to the NBI B. encryption requires comparison with a locally stored
B. patients dental history required to be taken reference string
C. fine from P1,000-10,000 for violation C. definitely excludes public biometrics which are not
D. Only A & B legally protected
E. All of the above D. OnlyA&B
Attributes of handwriting: E. All of the above
A. unique NOTE: There is no such thing as public biometrics.
B. spontaneity Technologies used to process and store voice prints include:
C. consistent A. dynamic time warping
D. Only A & B B. model-based techniques
E. All of the above C. likelihood normalization technique
Bases for determining authenticity of a handwriting: D. OnlyA&B
A. form B. formatting E. All of the above
C. line quality Graphonomics
D.A&Bonly A. studies the product of handwriting
E. All of the above B. studies the process of handwriting
C. involves handwriting movement analysis B. RFLP

D. OnlyA& B C. PCR
E. All of the above D. A & B
Why voice is unique E. All of the above
A. shape of vocal cavities DNA evidence
B. differences in mouth movements A. error rate of DNA typing is theoretically 1 in a trillion
C. usually dependent on ambient temperature B. DNA test may be ordered by the court motu propio
D. OnlyA&B C. Vallejo case dealt with the admissibility of DNA
E. All of the above evidence
D. A & B
DNA E. All of the above
DNA
A. Double helix configuration PREGNANCY AND ABORTION
B. Deoxyribonucleic acid Chadwicks sign
C. Found in mitochondria A. easy approximation of uterine fundus and cervix
D. A&B B. presumptive sign of pregnancy
E. All of the above C. positive sign of pregnancy
HSA D. A&B
A. Homo sapiens E. All of the above
B. 2 sex chromosomes Funic sound
C. 22 pairs of autosomes A. due to rushing of blood through the umbilical cord
D. A & B B. souffle-whistling sound
E. All of the above C. synchronous with maternal heart beats
GENES D. OnlyA&B
A. contain base pairs E. All of the above
B. exons code proteins Presumptive signs of pregnancy
C. introns make us unique A. abnormal pigmentation of perineum
D. A & B B. ballotement
E. All of the above C. Hegars sign
PCR D. D.OnlyA&B
A. uses very small DNA sample E. E.All of the above
B. Polymerase Chain Reaction Positive signs of pregnancy except:
C. enables copies of millions of specific DNA sequence A. quickening
D. A & B B. fetal heart sounds
E. All of the above C. hunger pangs
Base pairs D. A&B
A. adenine: guanine E. All of the above
B. thymine: cytosine Fetal heart begins to beat at
C. guanine: cytosine A. 1st month
D. A & B B. 2nd month
E. All of the above C. 3rd month
Vallejo standards D. 4th month
A. how samples are collected E. All of the above
B. possibility of contamination of the samples Fetus at 3rd month of pregnancy
C. qualification of analyst who conducted the test A. about 3 inches
D. A & B B. uncurls from C-position
E. All of the above C. loses tail
True D. D.A&B
A. DNA contains the blueprint of life E. All of the above
B. twins share the same DNA Presumptive signs of pregnancy
C. all viruses have DNA A. swelling of breasts
D. A & B B. spotting and cramping
E. All of the above C. McDonalds sign
False D. a & b
A. hair shaft contains DNA E. all of the above
B. bones may be the source of DNA Proofs of previous pregnancy except:
C. a persons DNA is the same in his heart and skin cells A. Previous laceration of cervix
D. A & B B. Striae of pregnancy
E. All of the above C. Laxity of abdominal wall
DNA typing D. Pendulous breast
A. uses polymorphic loci E. Vestige of hymen
Does not belong to the group Expected date of delivery

A. quickening a. 1st day of last menses plus 7 days and count 3 months
B. lanugo back
C. vernix caseosa b. 1st day of last menses, count forward 9 months and
D. tiny white eyelashes add 1 week.
E. can blink c. 1st day of last menses, count 10 lunar months
Spaldings sign d. a & b
A. dribbling of the skull like basketball e. all of the above
B. absence of fetal heart sound Proof of fetal death
C. overriding of fetal cranial bones a. Spaldings sign
D. A&B b. uterus does not increase in size
E. All of the above c. breasts stops swelling
Right match/es d. a & b
A. 1st heart beat: 2nd month e. all of the above
B. lanugo: 6th month Breasts
C. all major organs complete: 4th month a. size due to fats
D. A&B b. will produce milk in spite of size
E. All of the above c. nipples elongate during pregnancy
False statement/s: d. a & b
A. Generally, smaller size of breast will produce lesser milk e. all of the above
B. Laxity of abdomen is a positive sign of pregnancy
C. Fetus at 4th month can listen to Mozart Ms. X presented to the Emergency Room with severe bleeding
D. Only A & B per introitus. Upon internal examination, a 3-inch fetus was
E. All of the above scooped out of the vaginal canal.
Positive signs of pregnancy
a. Quickening The possible age of the fetus is:
b. Outlining of fetal parts A. 1 month
c. Ultrasound visualization of fetus B. 2 months
d. a & b C. 3 months
e. all of the above D. 4 months
Earliest month fetal heart sounds perceptible by doppler E. 5 months
a. 1st month
b. 2nd month Based on the history given by Ms. X, he was raped by his uncle
c. 3rd month on the father side. Microscopic examination of the fetal tissue
d. 4th month revealed no Barr body. You would want to verify this claim. You
e. 5th month can use the following test/s:
Earliest month when fetus hears mothers sound A. autosomal DNA test
a. 1st month B. yDNA
b. 2nd month C. mDNA
c. 3rd month D. D.OnlyA&B
d. 4th month E. All of the above
e. 5th month
Earliest month when quickening is perceived by the mother Ms. X likewise disclosed that she intentionally tried to have the
a. 1st month fetus aborted to conceal her dishonor. True statements except:
b. 2nd month (OR FALSE STATEMENTS)
c. 3rd month A. Abortion practiced by a rape victim is a justifying
d. 4th month circumstance
e. 5th month B. Pharmacist who dispensed with the abortifacient
Chadwicks sign without prescription is criminally liable
a. softening of the cervix C. Intentional abortion practiced by a medical person is
b. quickening generally safer.
c. bluish discoloration of cervix D. OnlyA&B
d. perception of fetal parts E. All of the above.
e. positive urine test
Goodells sign Drugs used for abortion
a. softening of the cervix A. Methotrexate
b. quickening B. Misoprostol
c. bluish discoloration of cervix C. Mifepristone
d. perception of fetal parts D. OnlyA&B
e. positive urine test E. All of the above
Procedure of choice for a 3 month-old fetus: D. A & B only

A. Chemical abortion E. All of the above
B. Vacuum extraction 2. Hymen partially absent on the anterior of the introitus
C. Dilation and curettage A. positive proof of hymenal trauma
D. Partial delivery B. crescentic hymen
C. rules out virginity
Cervical dilators D. A & B only
A. laminaria tents E. All of the above
B. salt water 3. Types of hymen except:
C. potassium chloride A. paisley
D. Only A & B B. plaid
E. All of the above C. cribriform
Which does not belong? D. D.A&Bonly
A. Fetal impairment E. All of the above.
B. Save womans life 4. True about septate hymen:
C. Incest A. results in 2 vaginal opening instead of one
D. Preserve physical health B. 7 bands of extra tissue running across the introitus
E. Economic reason C. hymen usually elastic
Abortion stats. True statement/s: D. A & B
A. There are as many spontaneous abortion as induced E. All of the above
abortion 5. Psychological virginity
B. Most abortions per thousand women are done in A. hymen absent
Metro Manila B. woman unwilling participant in sexual intercourse
C. Only 9% of all abortions are from pregnancies due to C. hymen present
rape or casual sex D. A & B only
D. OnlyA&B E. All of the above
E. All of the above 6. No penetrative sex of any kind
Abortion stats. True statement/s about the woman: A. anatomical virginity
A. About 2/3 are poor B. physiological virginity
B. About 7 out of 10 have at least some high C. psychological virginity
school education D. true virginity
C. About 4 out of 10 discuss their plan to abort with their E. anorgasmic virginity
husband or partner 7. True about surgical virginity
D. OnlyA&B A. achieved through hymenorrhaphy
E. All of the above B. patient may be a virgin
Which does not belong? C. objective is to achieve physiological virginity
A. Misoprostol D. Only A & B
B. Exercise E. All of the above.
C. Climbing a tree In U.S v. Pablo Suan
D. Fasting A. A virgin is a woman who had no carnal relations with a
E. Bulimia man
Highest risk of complication B. General rule is that unmarried females who is a virgin is
A. Massage/catheter virtuous
B. Abortifacients C. prior absolute chastity on the part of the woman is an
C. Dilatation & curretage essential element of the crime of seduction
D. Misoprostol D. OnlyA&B
E. Manual vacuum extraction E. All of the above
True statement/s: In U.S. v. Pablo Suan
A. More than 1/3 of women get pregnant before A. The reputation of the woman is not the test
marriage B. Viada is of the opinion that the reputation of the
B. About 4 out of 5 women in the Philippines decide to woman is important in the crime of seduction
abort due to economic reasons C. The defendant showed conclusively that the offended
C. Cytotec is the brand name of misoprostol girl had illicit relations with various young men
D. OnlyA&B at various times before he had carnal relations with her.
E. All of the above D. OnlyA&B
E. All of the above
VIRGINITY AND RAPE In U.S. v. Alvarez,
1. True about hymen A. Defendant was a widower
A. partially covers the external vaginal opening B. Plaintiff is his student
B. surrounds the external vaginal opening C. Victim is a public property
C. intact hymen does not rule out virginity D. A&Bonly
E. All of the above C. possible in adult victims

In U.S. v. Alvarez D. OnlyA&B
A. It is a case of rapto by seduction E. All of the above
B. The essence of the offense is not the wrong done to Clitoral injuries usually associated
the woman, but "the outrage to the family and the A. bicycling
alarm produced in it by the disappearance of one of its B. falling astride bars
members. C. ballet
C. Under the Civil law system, there is a presumption of D. only A & B
virginity E. All of the above
D. Only A & B Rape of children below 12y/o
E. All of the above A. many are underreported
True statement/s: B. high likelihood in STD infections
A. The anatomical equivalent of the hymen in males is C. most males raped by an acquaintance
the prepuce D. only A&B
B. Hymenorrhaphy is the female equivalent to E. All of the above
circumcision
C. Only women can be anatomical virgins PATERNITY AND FILIATION
D. Only A&B
E. All of the above Juana sued Juan for the support of Juancho who is 5 years of
True statements about rape age. Juan and Juancho both have dark brown eyes, thick
A. may be caused by modeling violence eyebrows and positive for PTC. Juana has a medium-brown iris
B. some replies have issues on weakness and is negative for PTC. Juana and Juan are both blood type A
C. most victims are on drugs while Juancho is type O. Juana, Juan and Juancho are all color
D. only A&B blind. If you are Juanas counsel, you would present the
E. all of the above following admissible evidence for paternity:
True statements about male victims A. positive PTC
A. most were raped before 12 years old B. thick eyebrows
B. most perpetrators are males C. colorblindness
C. rape often associated with physical violence D. only A & B
D. only A&B E. All of the above
E. all of the above Evidentiary value of blood type in proving paternity of Juan:
True statements about female victims a. Blood type O of Juancho definitely excludes Juan as
A. same chances of being raped from age 18 to 49 father
years old in lifetime b. Juans counsel presented his genotype to be AA. This
B. more adolescents are raped compared with adults definitely excludes Juan as the father.
when first raped c. It is necessary to determine the H antigen
C. most were raped before 12 years old precursor genotype of Juan to determine whether
D. only A&B he can be excluded as the father.
E. all of the above d. Only A & B
Relation of female victims with rapist e. None of the above
A. most rapists of <12y/o are relatives Genetic testing/s that would be useful to determine the
B. most rapists of teens are intimately related paternity of Juancho:
C. there is almost the same likelihood that an adult A. ySTR
female will be raped by intimates or acquaintance B. autosomal DNA
D. only A&B C. mDNA of Juans mother & Juancho
E. all of the above D. Only A & B
Circumstances surrounding rape E. All of the above
A. most males raped in a public area Other useful counter-evidences which may be presented by
B. more rapists are on drugs or alcohol Juans counsel:
C. usual assault is kicking and biting A. lab results that Juan has very low sperm count with
D. A&B sluggish and abnormal sperms
E. All of the above B. ecstatic love letter of Juan to Juana dated 3 days after
Philippine stats Juanchos birth, naming their son, Juanchonito
A. age mostly subject to abuse is 13-15 C. that Juana is negative for PTC
B. 77% of child abuse is sexual abuse D. A & B
C. more female victims than male E. All of the above
D. only A&B Juana moved for the taking of a buccal swab from Juan for
E. all of the above purposes of a DNA test for paternity. True statement/s:
Posterior fourchette injuries A. Juan can validly object on the ground that there
A. common in very young victims must first be a show cause hearing for the court
B. prone to infection to determine whether there is a prima facie case
which will warrant the court to issue an order for D. Only A & B
DNA testing E. None of the above
B. an RFLP test and a mDNA test would yield the same NOTE: Choice A being contentious, an alternative answer
conclusion would be B.
C. a previous ySTR test of Juanito, who is Juans father is If the procedure was IVF and and not AI, and there was a written
enough considering that Juanito openly authorization signed by Delilah & Nonoy for the IVF, what would
acknowledged Juan as his legitimate son be the status of Manoy?
D. Only A & B A. legitimate
E. All of the above B. illegitimate
Delilah and Nonoy, a year after their marriage, decided to go for Identify structure : cervix
artificial insemination. Nonoy has a low sperm count with plenty
of abnormal sperms. He was advised to cease smoking and
prescribed medications to enhance sperm production.
6. True statements:
A. Advise not to smoke is not necessary as this only
pertains to cases of impotence
B. Probability of multiple gestation as high as 30%
C. Success rate is about 50%
D. Only A & B
E. All of the above
Unsuccessful after 3 attempts at AI, the spouses requested their
good-looking and high-IQ driver, Max to donate some of his
sperms to add on to what Nonoy can produce. The latter agreed.
Delilah gave birth 9 months after to a boy which they named,
Manoy.
True statements:
A. Max must sign the written authority for AI to make the
status of Manoy legitimate
B. The written authorization for AI signed a day after
Manoys birth makes him legitimate
C. Undue influence on the sperm donor is a ground for
impugning the legitimate status of a child conceived
through AI
D. Only A & B
E. All of the above
NOTE: Answer is NONE OF THE ABOVE
Max was dismissed from employment and given a very very
generous termination pay while the couple went to an Identify structure: mDNA; DNA; mitochondrial DNA
undisclosed destination. After 6 years, Max who was now a
medical resident physician in PGH treated by chance a 6 year old
boy named Manoy for multiple rib fractures and multiple
cigarette burns on his back. He was surprised to find out that the
parents were Delilah and Nonoy. Nonoy claimed Manoy fell from
the stairs. A DNA test showed Manoy to be the child of Max. He
filed for custody with damages.
Possible legal bases for Maxs custody case:
A. He is the biological father of Manoy.
B. He did not give a written consent to the AI.
C. Manoy is not a legitimate child of Delilah and Nonoy
because the couple did not file any document
authorizing AI
D. Only A & B
E. All of the above
Delilah thereafter filed for annulment which was granted by the
court. She gave a sworn statement granting full custody to Max.
True statement/s:
A. The sworn statement is void for being against public
policy
B. Max need to adopt Manoy to legitimize his status
C. By law, Manoy is presumed to be the illegitimate child
of Nonoy

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MEDICAL

Module 1: Gross Anatomy p. 1

1.2. Legal bases

MODULE 1: GROSS ANATOMY

1. Pectorals, biceps, triceps, latissimus dorsi

2. Lobes of lungs, diaphragm

3. Chambers of the heart

Remember: Reference point for radius and ulna is the thumb.

II. POSITIONAL TERMS

1. anterior median line

D. Abdominal regions and planes

Case: PEOPLE v. DE LEON, G.R. No. 197546, March 23, 2015

TRUNK AND ABDOMEN:

Two (2) primary methods of capturing a fingerprint image:

How Integrated Systems work

There are two major challenges involved here :

P.D. 1575 DENTAL RECORDS LAW OF 1978

II. BEHAVIOMETRICS (gait, signature, handwriting, voice, scent)

Case: PEOPLE v. MEDINA, G.R. No. L-38434, December 23, 1933

II. DNA PROFILING

A. Structural basis for identification

B. Short tandem repeats

C. Polymerase chain reaction (PCR)

III. RULE ON DNA EVIDENCE (selected provisions)

IV. FORENSIC DNA ANALYSIS IN CRIMINAL INVESTIGATIONS

Case: PEOPLE v. VALLEJO, 431 Phil. 798 (2002)

.Case: HERRERA v. ALBA, G.R. No. 148220, June 15, 2005

Impotence (erectile dysfunction)

Frigidity (female sexual arousal disorder)

Causes Impact of events during childhood and adolescence

Case: MENCIANO v. SAN JOSE, No. L-1967. May 28, 1951

3. STERILITY AND INFERTILITY

Intrauterine tuboperitoneal insemination

4.2. Gamete intra-fallopian tube transfer (GIFT)

4.3. In vitro fertilization (IVF)

Egg and sperm preparation

Module 5: PREGNANCY AND ABORTION

1.1. Presumptive signs

Progressive enlargement of abdomen

1.2. Conclusive signs

2. ESTIMATED DATE OF DELIVERY

3. DEVELOPMENT OF THE FETUS

4. PROOFS OF PREVIOUS PREGNANCY

5. PROOFS OF FETAL DEATH

6. LAWS RELATED TO PREGNANCY

Civil Code provisions:

7.2. Methods employed

Chemical (Methotrexate & Misoprostol (MTX), Mifepristone and Misoprostol, Mifeprex)

Manual Vacuum Aspiration

2. A local anesthetic is used to numb the cervix.

Dilatation & Curettage (D & C)

Dilatation & Extraction (D&E) - Dilation of cervix induced.

Module 6: VIRGINITY AND RAPE

1.1. Crimes relating to virginity

1.2. Forms of virginity

1.3. Proof of virginity

Case: U.S. v. PABLO SUAN, G.R. No. L-9201, March 3, 1914

2.1. Signs & Symptoms

2.1.1. Rape Trauma Syndrome

o controlled (without emotion; on denial); or

2.2. Medical evidence of rape

2.3.1. RA 8353 - The Anti-Rape Law of 1997 (selected provisions)

Case: PEOPLE v. VALLEJO, G.R. No. 144656. May 9, 2002