Professional Documents
Culture Documents
GENERAL CONSIDERATION
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Ordinary Physician Medical Jurist
Sees an injury or disease on the point Sees injury or disease on the point of
of view of treatment view of cause
Purpose in examining a patient is to Purpose in examining a patient is to
arrive at a definite diagnosis so that include those bodily lesions in his
appropriate treatment can be report and testify before the court or
instituted before an investigative body
Minor or trivial injuries are usually Records all bodily injuries even if they
ignored inasmuch as they do not are small or minor because these
require usual treatment. injuries may be proofs to qualify the
crime or to justify the act.
Example:
OTHER DEFINITIONS
1. LAW- rule of conduct, just, obligatory, laid by legitimate power for common
observance and benefit.
Characteristics of Law:
- It is a rule of conduct;
- It is dictated by legitimate power; and
- Compulsory and obligatory to all.
Forms of Law:
A. Written or Statutory Law (Lex Scripta) composed of laws which are
produced by the countrys legislations and which are defined, codified and
incorporated by the law-making body. Ex. Philippine Laws.
B. Unwritten or Common Law (Lex non Scripta) composed of
unwritten laws based on immemorial customs and usages. Sometimes
referred to as case law, common law, jurisprudence or customary law. Ex.
Laws of England.
3. MEDICINE- a science and art dealing with preventation, cure and alleviation
of disease. It is that part of science and art of restoring and preserving health.
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It is the science and art of diagnosing, treating, curing and preventing disease,
relieving pain, and improving the health of a person.
4. LEGAL- that pertains to law, arising out of, by virtue of or included in law.
Refers to anything conformable to the letters or rules of law as it is
administered by the court.
In SPECIAL LAWS:
1. Dangerous Drug Act (RA 6425, as amended)
2. Youth and Child Welfare Code (PD 603)
3. Insurance Law (Act No. 2427 as amended)
4. Code of Sanitation (PD 856)
5. Labor Code (PD 442)
6. Employees Compensation Law
MEDICAL EVIDENCE
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Evidence- the means, sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding the truth respecting a matter of fact.
If the means employed to prove a fact is medical in nature then it becomes a
medical evidence.
Ex: Court may not allow exposure of the genitalia of an alleged victim of
sexual offense to show the presence and degree of the genitalia and extra-
genitalia injuries suffered.
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ORDINARY WITNESS EXPERT WITNESS
A physician who testifies in court
A physician on account of his training and
on matters perceived from hisexperience can give his opinion on a set of
patient in the course of medical facts. He can deduce or infer
physician-patient relationship.
something, determine the cause of death,
or render opinion pertinent to the issue and
(Sec. 20, Rule 130, Rules of medical nature.
Court)
(Sec. 48-49, Rule 130)
Exception: Privilege of
Communication between The probative value of the expert medical
physician and patient. testimony depends upon the degree of
learning and experience on the line of what
(Sec. 24 c, Rule 130) the medical expert is testifying, the basis
and logic of his conclusion, and other
evidences tending to show the veracity or
falsity of his testimony.
5. Physical Evidence these are articles and materials which are found in
connection with the investigation and which aid in establishing the identity of
the perpetrator or the circumstances under which the crime was committed, or
in general assist in the prosecution of a criminal.
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Type of Physical Evidences:
a. Corpus Delicti Evidence objects or substances which may be a part of
the body of the crime.
b. Associative Evidence- these are physical evidence which link a suspect
to the crime.
c. Tracing Evidence- these are physical evidence which may assist the
investigator in locating the suspect.
Kinds of Sketch:
a) Rough Sketch- made at the crime scene or during examination of living
or dead body.
b) Finished Sketch- sketch prepared from the rough sketch for court
presentation.
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