Ivy D.

Patdu, MD JD

There is a man dead in a locked office, sitting

at his desk. On the desk there are a couple of
pieces of blank paper, a pen and a sealed
envelope. The office is locked from the
inside. No-one has directly killed him. How
was he killed?

Branch of medicine which deals with the

application of medical knowledge to the purpose
of law and in the administration of justice (Solis,
Legal medicine p. 1)

Legal Medicine is the discipline that deals with

the relation between the law and medicine, and
should strictly encompass both medical
jurisprudence and forensic medicine.

Legal aspect of medical practice (Solis,

Medical Jurisprudence p.1)

Medical Jurisprudence is the application of

legal knowledge to the practice of medicine,
and is a study on the legal principles relevant
to the discipline of medicine.

Forensic Medicine application of scientific

and medical principles to legal problems;
sometimes it is used synonymously with
Legal Medicine.

It is a branch of medicine that deals with the

use of medical knowledge and related
specialties in order to elucidate legal
problems.

Forensic pathology
Forensic psychiatry
Forensic toxicology
Forensic entomology
Forensic ontology
Forensic anthropology
Forensic Computer Science

Forensic pathology subspecialty of

pathology that focuses on medico-legal
death investigation; for death under
suspicious circumstances, medico-legal
officer can conduct an autopsy

Code on Sanitation, P.D. 856 95 (1975)

Person authorized to perform Autopsies:

1. Health officers;
2. Medical officers of law enforcement
agencies; and
3. Members of the medical staff of accredited
hospitals.

Autopsies shall be performed in the following cases:

Whenever required by special laws

By Order of Court or Fiscal
Upon written request of police authorities
Whenever the Solicitor General, provincial or city
fiscal as authorized by existing laws, shall deem it
necessary to disinter and take possession of remains
for examination to determine the cause of death
5. Whenever the nearest kin shall Request in writing by
nearest of kin the to ascertain the cause of death
1.
2.
3.
4.

Autopsies may be performed on patients who die in

accredited hospitals subject to the following
requirements:

1. The Director of the hospital shall notify the next of kin of

the death of the deceased and request permission to
perform an autopsy.
2. Autopsy can be performed when the permission is granted
or no objection is raised to such autopsy within 48 hours
after death.
3. In cases where the deceased has no next of kin, the
permission shall be secured from the local health
authority.

Forensic Psychiatry use of psychiatric

evaluation and knowledge on human
behavior to elucidate legal problems, such as
circumstances that modify criminal liability,
and capacity to act.

Forensic Entomology application of

knowledge about insects and their
developmental stages to deal with legal
problems such as time of death, and
reconstruction of crime scene

Forensic Odontology the application

odontology to legal problems such as
identification of human remains, and analysis
of bitemarks

Forensic Toxicology discipline that concerns

itself with a study on drugs and metabolites
in biological fluids with application in medicolegal cases

Forensic Anthropology discipline concerned

with study of bones as they apply to
identification of skeletal remains, and
medico-legal cases

Forensic Computer Science the application

of knowledge on computers and technology
to elucidate legal problems such as recovery
of digital evidence

It is inevitable that the two disciplines

intersect.
1. Medical knowledge and the forensic science
can help elucidate legal problems.
2. The practice of medicine, administration of
hospitals and other health related fields
remain to be governed by law.

So the other disciples told him, We have

seen the Lord! But he said to them, Unless
I see the nail marks in his hands and put my
finger where the nails were, and put my hand
into his side, I will not believe. (John 20:25)
St. Thomas the Doubter said to be the patron
saint of Forensic Science

Hippocrates (460-355 BC) discussed

lethality of wounds
Antistius - he is the forensic pathologist who
performed an autopsy on Julius Cesar (100-44
BC) and found out that Julius Cesar suffered
from 23 wounds, only one penetrated the
chest cavity through the space between the
first and second ribs.

Song Ci Father of forensic medicine

He published a 5 volume book on forensic
medicine that was useful reference for the
Justice bureaucracy, His Yuan Lu (Instructions
to Coroner), included topics like abortion,
infanticide, drowning, poisoning,
examination of dead

1858 - first medical textbook related to

medico-legal practice by Spanish Physician
Dr. Rafael Genard y Mas
1871 - Legal Medicine was included as a
subject in the School of Medicine of Real y
Pontifica Universidad de Santo Tomas
1895 Medico-legal laboratory was
established in the City of Manila

December 10, 1937 Commonwealth Act No. 181 was

passed creating the Division of Investigation under
the Department of Justice. Medico-Legal Section was
an integral part and Dr. Gregorio Lantin was chief
June 19, 1947 Republic Act No. 157 created the
Bureau of Investigation
June 18, 1949 Republic Act 409 creation of the
Office of the Medical Examiners and Criminal
Investigation Laboratory under the Police Department
of the City of Manila

Read Solis, Legal Medicine, 6-11 (1988)

December 10, 1937 Commonwealth Act No. 181 was

passed creating the Division of Investigation under
the Department of Justice. Medico-Legal Section was
an integral part and Dr. Gregorio Lantin was chief
June 19, 1947 Republic Act No. 157 created the
Bureau of Investigation
June 18, 1949 Republic Act 409 creation of the
Office of the Medical Examiners and Criminal
Investigation Laboratory under the Police Department
of the City of Manila

Read Solis, Legal Medicine, 6-11 (1988)

Major agencies of government concerned with

forensic investigations:
1. National Bureau of Investigation Taft Avenue,
Manila
2. Philippine National Police Camp Crame,
Quezon City- Scene of the Crime Operation
(SOCO Units)
3. Local Crime Laboratories
Resources usually go to analysis of drugs and
DNA

Physical Science Unit analysis of object

evidence at crime scene
2. Biology Unit analysis of trace evidence
(blood, fibers, DNA)
3. Firearms Unit analysis of ballistics
4. Document Examination Unit handwriting
analysis
5. Photography Unit documentation
6. Others: toxicology unit (biological fluids),
fingerprint, polygraph, evidence-collection
1.

Fingerprint database in the Philippines

Fingerprint database mostly those with
criminal records
Half a million prints in database
Automated Fingerprint Identification System
or (AFIS) - which can process 40,000 prints a
minute

State-of-the art technology

Single hair or flake of paint leads to culprit
glamorous CSIs
CSIs confronting witnesses during the
investigation
Persons under investigation will confess

Before, criminal investigation relied on

fingerprints and eyewitness
Trace evidence
DNA Evidence
Improved Database
Senate Bill No. 1868 - seeks to establish and
provide funding for a Forensic Science Institute
in the University of the Philippines system to
provide competent, scientific and modern
technical services for the detection and
investigation of crimes.

CIVIL LAW
determination of civil personality (NCC, art
40,41,42)
limitation of persons capacity to act (NCC,
article 38, 39)
marriage and legal separation - psychological
incapacity
paternity and filiation
testamentary capacity of a person making a will

CRIMINAL LAW
Circumstances affecting criminal liability
(insanity)
Crimes against persons
Crimes against chastity
Dangerous Drugs Act
VAWC

REMEDIAL LAW
Physical and mental examination of the
person (rule 28)
Proceeding for hospitalization of an insane
person (rule 101)
DNA evidence

REMEDIAL LAW
Physical and mental examination of the
person (rule 28)
Proceeding for hospitalization of an insane
person (rule 101)
DNA evidence

Labor Law Employees Compensation

Insurance Law
Special laws Juvenile Justice Act, Code of
Sanitation
Code of sanitation

Regulation of Profession Medicine and

Allied Medical Sciences
Licensing of Hospitals
Medical Negligence
Hospital Liability and other Institutions
TeleMedicine

Current Laws relevant to Medicine and Allied

Medical Science

THANK YOU.