Professional Documents
Culture Documents
MEDICINE
Atty. Tony D. Rebosa,MD,BSCrim
• LEGAL MEDICINE … application of
medical knowledge to the purposes of law
and in the administration of justice
• MEDICAL JURISPRUDENCE …
knowledge of law in relation to the practice
of medicine
PRINCIPLE OF STARE DECICIS
• When the court has once laid down a
principle of law or interpretation as applied
to certain state of facts, it will adhere to
and apply to all future cases where the
facts are substantially the same
BASIC PRINCIPLES GOVERNING
APPLICATIONS AND EFFECTS
OF LAWS
• 1. Ignorance of the the law eccuses no one from
compliance therewith
• 2. Laws shall have no retroactive effect unless the
contrary is provided
• 3. Rights may be waived unless the waiver is contrary to
law , public order, morals or good customs or prejudicial
to a third person with a right recognized by law
• 4. Customs which are contrary to law, public order and
public policy shall not be countenanced. A custom must
be proved as a fact according to the rules of evidence.
• 5. Laws are repealed only by subsequent
ones and their violation and non-
observance shall not be excused by
disuse, custom or practice to the contrary
EVIDENCE
• - means sanctioned by the Rules of Court
of ascertaining in a judicial proceeding the
truth respecting a matter of fact
TYPES OF MEDICAL EVIDENCE
• 1. AUTOPTIC or REAL EVIDENCE … addresses to the
senses of the court
• 2. TESTIMONIAL EVIDENCE … ex. MD in the witness stand
• a) Ordinary Witness
• b) Expert Witness
• 3. EXPERIMENTAL EVIDENCE … if allowed by the court to confirm
or corroborate
• 4. DOCUMENTARY EVIDENCE … writings/photographs
• a) medical certificates
• b) medical expert opinion
• c) deposition
• 5. PHYSICAL EVIDENCE … articles and materials found in
connection with the investigation and which aids in establishing the
identity of the perpetrator
• CRIMINALISTICS … ID, collection, preservation, and mode of
presentation of physical evidence; application of sciences in in
crime detection and investigation
• 4. STERN APPROACH
• MALE PELVIS
•
LEGAL IMPORTANCE IN THE
STUDY OF BLOOD
• 1. For disputed parentage (paternity/maternity)
• 2. Circumstantial or corroborative evidence against or in
favor of the perpetrator of the crime
• 3. Determination of the cause of death
• 4. Determination of the direction of escape of the victim
or the assailant
• 5. Determination of the approximate time the crime was
committed
• 6. Determination of the exact place of the commission of
the crime
• 7.Determination of the presence of certain diseases
CHEMICAL EXAMINATION
• 1. Saline extract of the blood stain plus will
give a brownish tinge due to the formation
of alkaline hematin
• 2.Benzidene test
• 3. Guiacum test
• 4. Phenolphthalein test
• 5. Leukomalachite Green test
MICROCHEMICAL TESTS
• 1.Hemochromogen Crystal or Takayama
test
• 2. Teichman Blood Crystal Test or Hemin
Crystal test
• 3. Acetone –Haemin of Wagenhaar test
BIOLOGIC TEST
• PRECIPITIN TEST … determines whether
blood/semen is of human origin or not
• BLOOD GROUPING