PANGASINAN COLLEGES OF SCIENCE AND TECHNOLOGY
COLLEGE OF CRIMINOLOGY
URDANETA CITY
FORENSIC MEDICINE
INTRODUCTION
This hand out is intended to familiarize the participants with the principles of medicine as
applied to law, and to correlate the same to other scientific investigation procedures loading to
the solution of crimes.
I.
GENERAL CONSIDERATION:
Legal Medicine - is the branch of medicine which deals with the application of medical
knowledge to the purposes of law and justice.
Forensic Medicine - is a branch of medical science which deals with the application of
medical knowledge to elucidate legal problems.
Medical Jurisprudence - is the branch of law which deals with the organization and
regulation of the medical profession.
Evidence - is the means, sanction by the law of a ascertaining in the judicial proceeding he
truth respecting a matter of the fact.
1. Forms of Medical Evidence
Real or autoptic
Testimonial
Experimental
Documentary
Physical Evidence
2. Methods of Preserving Evidences:
Photography and sound recording, video, audio, microfilm.
Sketching
Description
Testimony of witnesses/ Preservation in the mind of Witnesses
Manikin Method
3. Kind Evidence Necessary for Conviction
Direct Evidence
Circumstantial Evidence
4. Kinds of Witnesses:
Expert Witness the opinion of the witness regarding a question of science, arts or
trade, where he is skilled therein, may be received in evidence.
Ordinary Witnesses- all persons who, having organs of sense, can perceive, the
perceiving can make known their perception to others, may be witnesses.
III. Medical Aspect of Criminal Investigation
Some aspect of criminal investigation involves psychology & neurological
consideration in the process of investigation & deception detections.
A. Criminal Interrogation – A good interrogation must have the capacity to size- up the
subject & and select an effectively tactics and technique most appropriate for the
occasion:
1.Kinds Offenders:
Emotional
Non- emotional
Professional
Ordinary
Rational
Irrational
Active Aggressive offender
Passive inadequate offender
2.Attitude & Conduct of an Interrogator:
He must appear in the role of one who is merely seeking the truth.
It is more desirable from the psychological standpoint of view to employ milder
terminology like “ shoo” take, tell the truth instead of “ kill”, “ steal” confess your crime
etc.
He should sit fairly closed to the subjects & between the two. There should be no
table, or other piece of furniture.
The interrogation should avoid facing the room.
The interrogation should adopt his language to that used and understood by the
subject himself.
The subject should not be handcuffed or shackle during his presence in the
interrogation. He should face the subject as “ man to man” and not as a policeman to
prisoner. Description & Detection Method.
3. Methods Used:
Use of lie detection or polygraphy
Administration of truth “ serum” (hyoscine hydrobromide)
Intoxication- alcohol beverages
Word association test
Narco analysis of narcosynthesis
Hynotism
Scientific Interrogation
Observation
Confession.
IV.
Medico-legal aspect of Identification.
When an unknown body is found, the following should be noted by the investigator to
facilitate identification:
1. Place where body was found.
2. Time when found
3. Caused of death
4. Time when death occurred
5. Approximate age
6. Supposed profession
7. Description of the body
Points of identification Applicable to both living and death before onset of
decomposition.
1. Occupation mark
7. Deformitics
2. Race
8.Birth marks
a. color of skin
9.Injuries leaving permanent result
b. Feature of face
10. Moles
3. Stature
11. Scars
4. Teeth
12.Tribal marks
5. Tattoo marks
13.Sexual organ
6. Weight
14.Blood group
15. Finger prints
V.
Medico-legal Aspect of Death
Death - the state of complete, persistent and continuous cessation of the vital function of
the body.
Kinds Death
1. Somatic or clinical death
2. Molecular or cellular death
3. Apparent death or state of suspended animation
Signs of Death
1. Cessation of heart action and circulation.
2. Cessation respiration – for a period not longer than 3-1/2 minutes.
3. Cooling of the body (ALGOR MORTIS) – The fall of temperature of 14-20 degrees
Fahrenheit is considered as a certain signs of death.
4. Insensibility of the body and loss of power to move
5. Changes in and about the eye
6. Loss of cornmeal reflex
7. Clouding of the cornea
Changes in the skin
1. Post Mortem ( Lividity) 2. Post mortem Contact Flattening – The body becomes flattened over areas which
are in contact with the surface it rests.
3. Loss of elasticity
Changes in the body following death
1. Stage of Primary flaccidity or stage of muscular irritability –The muscles are
relaxed and capable of contracting when stimulated. The pupils are dilated, the
sphincters are relaxed, and there is incontinence of urination and defecation.
2. Stage of Rigor mortis ( post-mortem rigidly or cadaveric rigidity or death struggle
of muscle) – The whole body becomes rigid due to the contraction of the
muscles. This develops three to six hours after death and may last from 24-36
hours.
3. Stage of secondary flaccidity or decay muscles. – The muscles becomes flaccid,
no longer capable of responding to mechanical to electrical stimulus and the
reaction becomes alkaline.
4. Putrefaction or decay
5. Cadaveric lividity or post-mortem lividity
Changes in the Blood
Coagulation of blood
Post mortem lividity
Hypostatic lividity- inside blood vessel 7 in liquid form.
Diffusion Lividity- cut of the blood vessel in the tissue of the body & in dotted
form.
Causes of Death
Natural death
Violent Death
Accident
Negligent
Infanticidal
Parricidal
Murder
Momicidal
Judicial Death
Distinction Between Contusion (Bruise) and Post-mortem Hypostasis:
Contusion (Bruise)
a.Below the epidermis in the true skin in
small bruises or extravasations, below this
in lerger ones, and often much deeper still.
The reason is obvious, viz., that the epidermis
Has no blood vessels to be ruptured.
Post-mortem Hypostasis
a. In the epidermis or in the cutis, as a
simple stain or a showing through the
Epidermis underlying engorged capillaries.
b. Cuticle was probably abraded by the same
violence that produce the bruise. In small
punctures, such as flea bites, this is not observed.
b. Cuticle unabraded, because the hypostasis
is a mere sinking of the blood; there is no
Trauma.
c. A bruise appears at the seat of and surrounding
the injury. This may or may not be a dependent
part.
c. Always in a part which for the time of
information is dependent, i.e, at a place
Where gravity ordains it.
d. Often elevated, because the extravasated blood
and subsequent inflammation swell the tissues.
d. Not elevated, because either the blood is
still in the vessels or, at most, has simply
soaked into a stained the tissues.
e. Incision shows blood outside the vessels. This
is the most certain test of difference, and
can be observed even in very small bruises.
e. Incision shows the blood is still in its
vessel; and if any oozing occurs drops
can be seen issuing from the cut mouths
of the vessels.
f. Colour variegated. This is only true of bruises
that are some days old; it is due to the changes
in the hemoglobin produced during life.
f. Colour uniform. The well known change
in colour (green, yellow, etc.) produced
in blood extravastated into living tissues
does not occur in dead tissues with the
same regularity.
g. If the body happens to be constricted at, or
supported on, a bruise place, the actual surface
of contact may be a little lighter than the rest of the
bruise but will not be white.
g. In a place which would otherwise be the
seat of a hypostasis pressure of any kind,
even simple support (the wrinkling of a
shirt or necktie, garters, etc.) is sufficient
to obliterate the lumen of venules and
capillaries, and so to prevent their filling with
blood. White lines or patches of pressure
bordered by the dark color of a hypostasis are
produced and marks of floggings,
strangulation, etc. are thus sometimes
simulated.
VI. Medico-legal Aspect of physical Injuries
Physical injuries - Effects of the application of and stimulus to the body.
Causes of Physical Injuries.
1. Physical injury
2. Heat or cold
3. Electrical energy
4. Chemical energy
5. Radiation
6. Changes in the atmospheric pressure
7. Infection
Injuries brought about by physical violence that lead to production of wound.
1. Wound- the solution of the natural continuity of tissues of the living body.
2. Vital reaction- sum total of al reaction of tissues and organs.
3. Defense wounds- Result of a person’s instinctive reaction of self protection.
Classification of Wounds:
1.As to severity
a. Mortal wounds
b. Non- mortal wounds
2 .As to kinds of instrument useda. Brought about by blunt instrument
b. Brought about by sharp instruments
- Sharp-edge instrument
- sharp-pointed
- sharp- edge and pointed
c. Brought about by tearing force
d. Brought about by changes of atmospheric pressure
e. Brought about by heat and cold
f . Brought about by infection
3. As the manners of inflection
a. Hit- by means of blunt instruments etc.
b. Thrust- stub
c. Gun power explosion
d. Sliding or rubbing
4. As regards the depth
a. Superficial
b. Deep
- Penetrating
- Perforating
5. As regards the relation of the site of the application of force and location of injury.
Coup injury- injury found at site of the application of force
Cotre-Coup- injury found opposite the site of the application of force
Coup contre Coup- injury found of the site and also opposite the site or
application of force
Locus minoris resistencia- Injury found both at the site and opposite the site
of application of the force but injury is located in some areas offering least
resistance to the force applied.
Extensive injury- injury involving a greater area, beyond the site of the
application of force.
6. As to the Region or Organs
7. Legal classification
Mutilation- intentional act of loping or cutting of any part of the living body.
Serious physical Injury- Injury that will incapacitate the subject for more than 90 days
or 730 days.
Less serious physical Injury- Injury that will require medical attendance for 10 days
more but not more that 30 days to 10- 28 days.
Slight physical Injury & maltreatment- Injury that will incapacity subjects and required
medical attendance from 1 to 9 days.
8. As to the type of wounds
A. Closed wounds- when there is no break of continuity of skin or mucous
membranes.
1. Superficial Closed wounds
-extravesation of blood in the subcutaneous tissue mucous membrane.
Hematoma- Extravasations of blood into a newly formed capacity.
Contusion or bruise effusion of blood into the subentanous tissue- would not
be on the surface of the skin but in the substance of the true skin
and the substance of cellular tissue color is red and sometimes
purple soon after the injury.
2.. Change in the color of contusion
a. 4-5 days color changed to green
b. 7-10 days it becomes yellow & gradually disappear on the 14th or 15th
day.
Note: the ultimate disappearance of color varies from 1-4 weeks
depending upon the severity and constitution of the body.
c.
d.
Hematoma ( blood tumor)- extarvasation of blood n a newly formed
cavity
Ecchymosis- is a form of hematoma only that the extent of
extravasation of blood is not wider but thinner
3. Deep closed wounds
a. Simple fracture
b. Sprain- subcutaneous separation or tearing of the articular tendions,
ligaments or muscles.
c. Strained- tearing or ruptured of muscles fibers.
d. Dislocation- displacment from each other of the articular surface of bones
entering into the formation of a joint.
e. Cerebral or brain concussion- the jarring of the brain leading to some
commotion of the cerebral substance
f. Internal Hemorrhage
1. Intracranial
2. Rupture of organs
3. laceration of organs
4. Open Wounds- when there is communication with the outside or
break in the skin or mucous membrane
a. Abrasion- characterize by the removal of the superficial layer of the skin brought about
by friction against a hard rough surface.
4. Forms of abrasion:
a. Linear
b. Multi- linear
c. Confluent- almost indistinguishable due n to severity of friction and
roughness of the objects.
d. Multiple- several abrasion noted or the body surface of a person
5. Types of abrasion
a. Scratches
b. Grazes
c. Impact or imprint abrasion
d. Pressure of friction abrasion
b. Incised wound- produces by forcible contact of the body with sharp-edge
instruments
c. Lacerated Wounds- produced by forcible contact of the body with a blunt
instruments.
d. Stab Wounds- produced by a sharp-pointed and sharp- edge instrument.
e. Puncture Wounds- produced by a sharp- pointed instrument
F. Wound produced by power explosion
a. Firearm
b. Granade, dynamite etc.
g. Mutilation
h. Avulation
E. Medico-legal Aspect of Wounds:
1. The following rules must always be observed
a. all injuries must be described however small for it may be important later.
b. The description of wounds must be comprehensive.
2. General Investigation of surroundings
a. Placed where crime was committed
b.
Examination of clothing stains, cute hairs and other foreign bodies that may be
found in the scene of the crime.
c. Investigation of those persons who may be witness to the incident or those who
could give light to the case.
d.
Examination of the wounding instrument.
e.
Photography, sketching or accurate description of the scene of the crime for
purposes of preservation.
3. Examination of the wounded body:
Examination applicable to the living and dead victim.
a. Age of the wound from the degree of healing
b. Determination of the weapon used in the commission of the offense.
c. Determination whether the injury is accidental, suicidal or homicidal
d. Reason for the multiplicity of wounds in cases where there are more than one wound.
4. Examination of the wound:
a. Characteristic of the wound
b. Location of the wound
c. Direction of the wound
d. number of the wounds
e. Extend of the wound condition of the
f. surrounding of the wounds
g. Conditions of the locality
1. Degree of the hemorrhage
2. Evidence of struggle
3. Information as to the position of the body Presence of letter or suicide not
4. Condition of the weapon
5. Determine whether the wounds we inflicted during life or after death:
a. Hemorrhage- more profuse when inflicted during lifetime of the victim.
b. Signs of inflammation- there may be swelling of the area surrounding the wound. Other
vital reaction may be present where ever the wound was inflicted during life.
c. Signs of repair- Fibrin formation , scab or scar formation conclusively shown that
wound was inflicted during life.
d. Retraction of the edge of the wound- owing of the vital reaction of the skin and
contractility of the muscular fibers, the edge of the wound inflicted during life retract and
cause gaping.
6. Points to consider in the determination whether the wounds is homicidal, suicidal or
accidental.
External signs and circumstances related to the position and attitude of the body when
found.
Location of the weapon or the manner in which it is held.
The mostly underlying the commission of the crime or the like.
The personal character of the deceased.
The possibility for the offender to have purposely changed the truth of the condition.
Other information
Signs of struggle
Numbers and directions of wounds
Nature and extent of the wound
State of clothing.
7. Length of time of survival of the victim after infliction o wounds:
Degree of healing
Changes in the body in relation to the crime of death.
Age of the blood stain
Testimony of witnesses when the wound was inflicted.
8. Possible instrument used by the assailant in inflicting the injuries.
a. Contusion- by blunt instrument
b. Incised wound- by sharp- edged instrument
c. Lacerated wound- produced by blunt instrument
d. Punctured wound- by sharp pointed instrument
e. Stab- by sharp- edge and pointed instrument
f. Gunshot wound- the diameter of the wound of entrance may approximate the caliber of
the wound firearm.
9. Which of the injuries sustained by the victim caused death?
This can be ascertained by examining individually the wounds and nothing which of them
involving injury to some vital organs large vessels or led to secondary result causing death.
10. Which of the wound was inflicting first?
The following must be taken into consideration:
a. Relative position of the assailant and the victim when the first injury was inflicted on the
latter.
b. Trajectory or course of the wound inside the body of the victim.
c. Organs involved, degree of injury sustained by victim. Testimony of witness.
d. Presence of defense wounds on the body of the victim if the victim tried to make a
defensive act during the initial attack, then the defense wounds must have been
inflicted first.
11.Relative Position of victim and Assailant when injury was inflicted:
The following has to be considered:
a. Location of the wound in the body of the victim
b. Direction of the wound
c. Nature of the instruments used in inflicting the injury.
d. Testimony of witnesses.
F. Death or physical injuries brought about by power propelled substances:
1. Production of Combustion:
Bullet – gun shot wound
Flame – Singeing/ Searing
Smoke – smudging
Gun power residue – tattooing
Grime – Tabooing
2. Firearm Wounds:
a. Gunshot wound.
Differences between entrance & exit
ENTRANCE
1. appears to be smaller than missiles
owing to elasticity of tissue expect contact
2.Edge inverted
3. Usually ovaloid or rounded
4. Contusion collar present
5. Other product of combustion when
firing is near ( Tattooing, smudging)
Paraffin test may be positive
EXIT
1. Always bigger that missile
2. Edges averted
3. Variable shape
4. Contusion collar absent
5. Always absent
6. Always negative
3. Determination of relation positive of victim & assailant
a) Contusion collar – the wider side points to the source of the missile.
b) Smudging & tattooing – the side with more or intense deposit points to the source
of the missile.
4. Determination of the probable caliber of the firearm use in the infliction – measure in
centimeter the cross diameter of the gunshot wound from the collar- the shortest
diameter is the probable caliber.
5. Determination of the distance of fire:
a) Contact fire intense laceration & undermining of the points of entrance, bigger than
exit.
b) Distance of six(6) inches presence of smudging, singeing, tattooing.
c) Beyond six ( 6) inches but within thirty six (36) inches presence of the tattooing.
d) Beyond thirty six (360 Inches only the gunshot wound will be present.
G. Shotgun Wound
1. kinds of bore shotgun
a) Un choked bore or straight bore
b) Choked bore
1. Improved cylinder - narrowing of the bore from rear to the muzzle is 3-5
thousandth of an inches.
2. Half chook - narrowing of the barrel is 15-20 thousand of an inch.
3. Full chook – narrowing of the barrel is 35-20 thousandth of an inch.
2. Characteristics of shotgun wounds
a) Contact fire – entrance of wound is irregular with severe destruction of the underlying
tissue. There is singeing and smudging.
b) Nears hot up to six (6) inches.
1. Mark laceration of skin
2. Gun power may be driven into the deeper area of the wound.
3. Mark smudging of the skin & deeper portion of the wound entrance
4. Mark tattooing
5. hair is singe
6. Wad maybe found inside the wound of entrance.
c) Distance of about one (1) yard.
1. Pellets enters as one mass thus making entrance wound with irregular edges.
2. Surrounding skin may be blacken light burning & tattooing.
d) Distance of 2 to 3 yards
1. The wound of entrance has big central hole with rugged edge with few stray
wound of entrance evident:
2. Smudging & tattooing no longer evident
e) Distance of 4 yards- pellets may enter skin area of about 6 to 8 inches diameter
although there may be a central care where a group might have entered.
h) Health by asphyxia – all forms of violent death which result primarily from the
interference with the process of respiration or to condition in which the supply of oxygen to the
blood or tissue or both has been reduced below normal level.
1. Hanging
2. Strangulation
By ligature
Manual or throttling
Special form of strangulations
Palma
Garroting
Mugging or Yoking
Compression of neck with stick
3. Suffocationa. Smothering – closing of mouth and nostrils by solid object
b. Choking
4. Asphyxia by submersion in water ( drowning)
5. Asphyxia by pressure on the chest:
6. Asphyxia by inhalation o irrespirable gases.
1.Death or physical injuries due to Vehicular accident.
1. kinds of injuries in vehicular accident cases:
a. Sustained by the pedestrians
1. impact injuries
a. Primary impacts injuries
b. Subsequent impact injuries
2. Secondary injuries
3. Run over injuries
b. sustained by driver & passengers
1. Impact injuries
2. Turn turtle injuries
2. Medical evidences in vehicular accident cases:
a. Evidence from the victim:
1. Crash injury
2. Tire thread marks
3. Abrasion prints
4. Prints marks
5. Blood, hair or clothing of victim may be found sticking on the parts of the vehicle
which hit the victim.
6. Physical defects of the victim like poor eyesight.
7. inebriation of the victim – like under the influence of alcohol
b. Evidence from the driver:
1. physical defect like poor eyesight
2. Under the influence of alcohol or drugs by driver.
3.History of grudge between the driver and the victim.
II. Medico – legal Aspect of sexual Crime:
A. Virginity – is a condition of a female who has not experienced sexual intercourse.
1. Kinds of virginity:
a. Moral virginity
b. Demi- virginity
c. Virgo- intacta
d. Physical virginity
2. Points to be considered in the determination of the condition of virginity.
a. Breast
b.
c.
d.
e.
f.
Vaginal canal
labia majora/ minora
Fourchetta to perineum
Hymen
Neugeosities
b. Defloration – laceration or rupture of the hymen as a result of sexual intercourse.
1. Classification of hymenal laceration
a. Incomplete Laceration
superficial
Deep
b. Complete
c. Complicated or compound
2. Healing time of hymenal laceration
superficial- 2to 3 days
extensive tears – 7 to 10 days
Completed – if with intervening infection will require longer to heal
3. Duration of laceration of the hymen
a. Fresh bleeding laceration- rupture quite recent with in 24 hrs.
b. Healing – after 24 to 7 days
c. Recently healing – 7 days to 3 mons.
d. Old healing- 3 mons. To year
4. Medical Evidence to consider in sexual crimes
a. Evidence from the victim
Alleged time and place of the commission of the crime
Date, time and placed of the examination
Condition of clothing
Physical and mental development of victim
Goit, facial expression etc.
Examination of the body for sign of violence
Examination of genitalia
Hymen
Hymenal orifice
Vaginal orifice
Reugosities
Fourchette
Pubic hair
Labias
Presence of spermatozoa
b. Sexual Crimes
Rape
Seduction
a. qualified
b. Simple
Acts of lasciviousness
abduction
a. Forcible
b. Consented
White slave crude
Adultery
Concubine
Unnatural sexual offenses
Abused against CHASTITY
VIII. MEDICO-LEGAL ASPECT OF PREGNANCY
Pregnancy - is the state of a woman who has within her body the going products of
conception.
a. Legal importance of the study of pregnancy
1.Pregnancy is ground for the suspension of the execution of the death sentence in the
woman.
2. A conceived child is capable of receiving donation
Archeim- Zondel Test
Friedman test
Xenopus o Hogben test
Qualitative color test for pregnancy
Estrone administration
b. Duration of pregnancy – 270- 280 days from onset of last menstruation
c. Abnormally prolonged gestation – beyond 300 days.
d. Minimum period of gestation – compatible with viability of the child born at 180 days may live.
e. Super fecundation – fertilization made by separate intercourse of two ova which have
escaped at the same act of .
f. Super faction – fertilization of two ova which have escapade at different acts of ovulation.
g. Psuedocyesis or Spurious pregnancy- imaginary pregnancy.
IX. MEDICO-LEGAL ASECT OF DELIVERY:
1. Delivery is the process by which a woman gives birth to her offspring.
2. Puerperium – Is the interval between the termination of labor (delivery) to the complete
return of the reproductive organ to it normal- pregnant state-last from 6 to 8 weeks.
3.The study of delivery is important because proof of delivery is necessary in judicial on the
following:
Legitimacy
Abortion
Infanticide
Concealment of birth
In slander or libel
4. Methods of delivery
Natural Route- thru normal passages
Spontaneous
Surgical intervention
Instrumentation
Surgical Route
Abdominal cesarean section
Vaginal cesarean section
Post- mortem cesarean section
X. MEDICO-LEGAL SPECT OF ABORTION
Willful killing of the fetus in the uterus, or violent expulsion of the fetus from the natural
womb which results to the death of the fetus.
A. Principal elements of the crime:
1. That the expulsion of the products of conception is induced.
2. That the fetus dies either as an effect of the violence used, drugs administered or fetus
was expelled before the term of its viability.
B. Provision of the revised Penal code on abortion
1. Intentional abortion elements
a. That the woman is pregnant
b. Violence was applied on such pregnant woman without the intention of abortioning
her.
c. The woman aborted as a result of the violence:
2.Unintentional abortion Elements:
The woman must be pregnant
Violence was applied on such pregnant woman without the intention of abortionist her:
The woman aborted as a result of the violence.
Abortion practiced by the woman herself or by her parent elements:
a. The woman is pregnant
b. abortion is intended to be committed
c. Abortion is induced by
1. The pregnant woman
2. other person with the consent of the pregnant woman
3. the present of the woman , or either of them for the purpose of concealing
her dishonor and with the consent of the woman herself.
4. Abortion practiced by a physician or midwife and dispensing of abortion elements.
a. The woman pregnant
b. The physician induced or assisted in causing the abortion
c. The act done by the physician or midwife was intended to cause an abortion.
There must be the intention of the physician to produced abortion and the absence of
intention will not make the physician criminally liable.
C. Kinds of abortion:
Spontaneous or natural
Induced
Therapeutic
Criminal
XI. MEDICO -LEGAL ASPECT OF BIRTH:
A. legal importance of the study of birth.
1. Birth determines personality
2. Appearance of a child is a ground for the revocation of donation.
3. Proof of life-birth must first be shown before death of the child by the prosecution in
the case of infanticide
XII. MEDICO-LEGAL ASPECT OF INFANTICIDE:
Infanticide is the killing of a child less than three ( 3) days old.
1. How the crime is committed:
a. By omission or neglect
1. Failure to ligate the umbilical cord
2. Failure to protect the child from heat and cold
3. Omission to take the necessary help of a midwife or skilled physician.
4. Omission to supply the child with proper food
5. Omission to remove the child from the mother’s discharge with resulted to
suffocation.
b. By Commission
1. By inflicting physician injuries
2. By suffocation
3. By strangulation By drowning
4. By poisoning
5. By burning
6. By deliberate exposure to heat and cold
c. Other allied cause
1. Abandoning a minor
2. Abandoning a minor by person entrusted with custody, indifference of parents.
XIII. MEDICO-LEGAL ASPECT OF PATERNITY AND FILIATION
Paternity – is the civil status of the father with respect to the child be gotten by him.
Filiations – is the civil status of the child in relation to its mothers or fathers
A. Legal importance of determining Paternity & Filiations
1. For succession
2. For enforcement of the naturalization & immigration laws.
B. kinds of children
1. Legitimate children
2. Legitimate children (proper)- born in lawful wedlock or within 300 days
dissolution of marriage.
after the
Presumption of legitimacy – children born after 180 days following the celebration of marriage,
and before 300 days following its dissolution to the separation of the spouses shall be presumed
to the legitimate.
Against their presumption no evidence shall be admitted other
than of the physician
impossibility of the husband’s having access to his wife within the first 180 days of the 300
which preceded the birth of the child.
The physician impossibility may be caused by:
The importance of the husband
The fact that the husband & wife were living separately in such a way that access was not
possible .
By the serious illness of the husband
Requisites of the presumption:
1. There is valid marriage
2. The birth of the child took place after 180 days following its dissolution or separation of
the spouse:
3. There is no physical impossibility of the husband having access to the wife during the
first 120 days of the 300 preceding the birth of the child.
B. Legitimate Children:
Legitimation – is defined as a remedy by which a child born out of lawful wed lock is considered
illegitimate and by fiction of law considered legitimate by subsequent valid marriage of the
parents:
Children that can be legitimated
1. Natural children ( proper
Natural children are these born outside lawful of parents who, at the time of the conception of
the former were not disqualified by an impediment to Mary each other.
C. Adopted Children:
Adoption is defined as the act or proceeding by which of paternity & foliation are recognized s
legal existing between person not so related by nature.
Persons who may be adopted
The natural child, by the natural father or mother
Other illegitimate children by the father or mother
A step- child by the step- mother.
Any person even if of age, provided adopter is sixteen years old.
II. Illegitimate Children:
Natural Children
Natural children ( proper)
Natural children legal fiction, natural children by legal fiction are those children born of
void after degree of annulment.
Natural children by presumption- are those natural children acknowledged the father or
the mother separately if the acknowledging was legally competent to contact
marriage at the time of conception.
Spurious Children
Illegitimate who are not natural are considered spurious children may be:
1. Adulterous Children – conceived in the act of adultery or concubinage.
2. Sacrilegious Children – Children born of parents who have been ordained in sacris.
3. Incestuous Children – Children born by parents who are legally incapable of contracting
marriage because of their blood relations as marriage between brother & sisters.
Father and daughter, etc.
4. Manceres – Children conceived by prostitute. It is very difficult to determine the father
because of the nature of the work.
Artificial Insemination – Is the introduction of seminal fluid with spermatozoa in the generative of
a woman by any means of springe pippete, irrigator, etc
Status of the children born by artificial insemination:
a. If the donor is the husband, the child must be unquestionable legitimate.
b. If the semen came from a donor other than the husband, with the consent of the alter,
the child may also be considered legitimate in as much as it is born out of lawful wedlock
& there is consent of the husband.
c. If the semen came from a third party & introduced to the wife without consent or against
the will of the husband, the child is illegitimate ( adulterous)
EVIDENCES OF PATERNITY AND FILLETING
I. Medical Evidence
a) Parental likeness
b) Blood grouping
c) Evidence from the mother
a. Proof of previous delivery
b. Proof of physical potency & fertility
c. Proof of capacity to have access with the husband
d) Evidence from the mother
a. Proof of physical potency and fertility
b. Proof of access
II. Non – Medical Evidence
1. Record of birth in the civil registrar, or by an automatic document or a final
judgment
2. Continues possession of the status of a legitimate child.
3. Any other evidence allowed by the rules of court & special laws.
VI. MEDICO- LEGAL ASPECT OF IMPOTENTCY & STERILITY
1. Impotency – is the physical incapacity of either sex to allow or grant to the other legitimate
sexual satisfaction.
a) Legal importance of impotency:
1. Impotency, if proven will overthrow the presumption of legitimacy.
2. impotency may be ground for the annulment of marriage.
b) Cause of impotency
1. General or functional, unconnected directly with the sexual organs:
a) Age
b) Illness
c) Emotion
d) Hormonal disjunction
2. Local or organic, in direct connection with the sexual organs:
a. Congenital defects
1. In males
a. Non- development of the penis
b. Male development of the penis
c. Penis adherent to the scrotum
2. In females:
a. Absent of vagina
b. Vagina ill- developed
c. vagina occluded by intra- uterine disease
b. Disease or accident
1. In the males:
a. Penis
a) Acute disease of the penis as gonorrhea
b) Chronic disease of the penis as spithelioma
c) Complete amputation of the penis
c) Testis
Removal of the testis
Sexual abuse
In the Females:
Vaginal laceration
Disease of the vulvae
obstruction of the vaginal canal due to tumor, cyst of fibroid
II. STERILITY – Is the loss of power of procreation and is also man or a woman may be sterile
& yet impotent, impotent yet not sterile.
a) General functional, unconnected directly with the sexual organs:
b) Local cause of sterility
1). Congenital
In the male:
Absence of testicle
Absence of penis
Mal- development of the testicle
Mal-development of the testis in uterus
Misplacement of the testis
Mal- formation of the penis, as epipadias or hypospadias.
In the female:
Absence or mal-development of the ovary
Absence of mal- development of the uterus
Absence of the vagina
2). Acquired conditions:
a) In the male:
a) Complete amputation of the penis
b) Excision of the testicle
c) Disease of the testicle
d) Atrophy of the testicle
b) In the female:
a) Excision of the ovary
b) Disease of the ovary
c) Occlusion of the vagina from the diseases
d) Diseases of the vagina
e) Occlusion of the fallopian tubes