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1.1A INTRODUCTION TO LEGAL MEDICINE

LEGAL MEDICINE

WHAT IS LEGAL MEDICINE?

• It is a branch of medicine which deals with the

application of medical knowledge to the purposes of law

and justice.

• Application of medicine to legal cases

PAULUS ZACCHIAS

• Father of Forensic Medicine (first to describe the

importance and application of medicine to the proper

administration of justice)

DR.PEDRO SOLIS

• Can be rightfully bestowed as the “Father of Philippine

Legal Medicine “.

• His book on Legal Medicine

LAW

• Is a body of authoritative rules by which civilized society

regulates the conduct of its members

CLASSIFICATION OF LAW

A. NON-JURAL LAW

• Law which is not enforced by state.

1. Natural Law- a system of rules and principles for the

guidance of human conduct which might be discovered by the

rational thinking of man and found to grow out of and conformed

with nature.

ex. Law of Gravity

2. Divine Law- body of rules according to the will and command

of God.

ex. Ten Commandments

3. Moral Law – rules pertaining to, cognizable and enforceable by

the dictate of one’s conscience to be the right conduct.

B. JURAL LAW

• Law which is enforced by the state.

1. As to purpose :

a. Substantive – prescribe the right and obligations of persons

in relation with each other and with the society.

ex. Law of Person and Family Relation

Law on Property and Property Rights

b. Procedural – concerned with the mechanical rules that

govern the means by which the substantive rights and duties are

vindicated or enforced.

ex. Law on Criminal Procedure

Law on Civil Procedure

2. As to nature of the subject matter:

a. Public Law – rules and regulations which regulate the

relationship between state and subject.

ex. Criminal Law

b. Private Law – regulates the relationship of individuals.

ex. Law on Obligation and Contracts

Law on Torts and Damages

SOURCES OF LAW

1. Constitution

2. Law enacted by the legislative body

3. Decrees, Orders, Proclamation, Letter of instruction

4. Administrative acts, orders, rules and regulations.

5. Local Customs

6. International Law

NATURE AND STUDY OF LEGAL MEDICINE

• The ability to acquire facts, arrange them and draw a

conclusion from facts in the administration of justice.

WHAT IS MEDICAL JURISPRUDENCE?

• Is the legal aspect of medical practice.

• Is concerned with the aspect of law and legal concepts

which has to do with the practice of medicine.

DIFFERENCE BETWEEN LEGAL MEDICINE & MEDICAL JURISPRUDENCE

LEGAL MEDICINE MEDICAL JURISPRUDENCE

1. Medicine applied to law and administration

2. Basically originate from the development of medical science

3. Branch of medical science

4. Based on principle of coordination

(coordinates medicine to law and justice)

1. Law applied to the practice of medicine

2. Emanates from acts of congress, executive orders, administrative circulars customs and court decisions

3. Branch of law 4. Based on principle of

subordination (the duty of the physician to obey the laws and to act within the bounds of law)

MEDICO-LEGAL OFFICER

• A Physician who specializes primarily with medico-legal

duties.

• Forensic Pathologists

DIFFERENCE BETWEEN AN ORDINARY PHYSICIAN AND A MEDICO-LEGAL OFFICER

DIFFERENCE ORDINARY PHYSICIAN

MEDICO-LEGAL OFFICER

Disease / Injury point of view

Treatment Cause

Examine patient Diagnose Testify

Minor injuries Ignored Records All

BASIC PRINCIPLES GOVERNING APPLICATION AND EFFECTS OF LAW

I. Ignorantia Legis Nominem Excusat - Prevent use as defense

in violation of law.

II. Law shall have no retroactive effect

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1.1A INTRODUCTION TO LEGAL MEDICINE

LEGAL MED

III. Rights may be waived unless the waiver is contrary to law,

public order, public policy, morals or good customs, or prejudiced

to a third person with a right recognized by law

IV. Customs which are contrary to law, public order or public

policy shall not be countenanced.

V. Laws are repealed by subsequent ones, and their violation or

non-observance shall not be excuse disuse or practice to the

contrary.

LEGAL MEDICINE AND THE LEGAL SYSTEM

• Courts routinely call upon Physicians to give expert

testimony in a trial, especially concerning the findings of

an autopsy and the results of laboratory tests.

• Ordinary witness versus Expert Witness

WITNESS

• Qualifications:

• All persons who can perceive, and perceiving, can make

known their perception to others may be witness Rule 130 Section 20

(Phil. Revised Rules of Court)

GROUNDS FOR DISQUALIFICATION ENUMERATED IN THE RULES ON EVIDENCE

1.Mental incapacity - whose mental condition, at the time of their

production for examination, is such that they are incapable of

intelligently making known their perception

2. Immaturity - Children whose mental maturity is such as to

render them incapable of perceiving the facts respecting which

they are examined and of relating them truthfully

3. Marriage - Spouses, with regard to testimony for or against the

other spouse, without his / her consent

4. Death or insanity of adverse party - Parties, or assignors of

parties to a case, or persons in whose behalf a case is

prosecuted, against an executor or administrator or other

representative of a deceased person, or against a person of

unsound mind

5. Privileged communication Rule 130 Sections 21-25

( Phil. Revised Rules of Court )

ORDINARY WITNESS

• Provides testimony in a Court of Law can only give

evidence of fact.

Example: what they saw, what they heard; facts

collected by one of the five senses.

• They are not permitted to speculate or to give an

opinion as to the circumstances leading up to the event

they have witnessed, nor what may have happened

afterwards.

EXPERT WITNESS

• Has special knowledge or skill gained by education,

training or experience and may be summonsed to court

to give opinion or expert evidence during a trial, based

on that person's field of expertise.

APPLICATION OF LEGAL MEDICINE TO LAW

I. CIVIL LAW: ( preponderance of evidence

• )The determination and termination of civil personality.

• The limitation or restriction of a natural person’s

capacity to act.

• Marriage and legal separation

• Paternity and filiations

• Making a will

II. CRIMINAL LAW : ( proof beyond reasonable doubt)

• Criminal liabilities

III. REMEDIAL LAW:

• Physical and mental examination of a person

IV. SPECIAL LAWS

• Dangerous Drugs Act

• Youth and child Welfare Code

• Sanitation Code

• Insurance Code

• Labor Code

• Employees Compensation Code

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