Legal Medicine June 11 11 (1)

8/10/2019 Legal Medicine June 11 11 (1)

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Ivy D. Patdu, MD JD


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There is a man dead in a locked office, sitting

at his desk. On the desk there are a couple ofpieces of blank paper, a pen and a sealedenvelope. The office is locked from theinside. No-one has directly killed him. Howwas he killed?


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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 withthe relation between the law and medicine, andshould strictly encompass both medical

jurisprudence and forensic medicine.


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Legal aspect of medical practice (Solis,

Medical Jurisprudence p.1)

Medical Jurisprudence is the application oflegal knowledge to the practice of medicine,and is a study on the legal principles relevantto the discipline of medicine.


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Forensic Medicine application of scientific

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

It is a branch of medicine that deals with theuse of medical knowledge and relatedspecialties in order to elucidate legalproblems.


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Forensic pathology

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


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Forensic pathology subspecialty of

pathology that focuses on medico-legaldeath investigation; for death undersuspicious circumstances, medico-legalofficer can conduct an autopsy


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

Person authorized to perform Autopsies:1. Health officers;2. Medical officers of law enforcement

agencies; and3. Members of the medical staff of accredited

hospitals.


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Autopsies shall be performed in the following cases:

1. Whenever required by special laws2. By Order of Court or Fiscal3. Upon written request of police authorities4. Whenever the Solicitor General, provincial or city

fiscal as authorized by existing laws, shall deem itnecessary to disinter and take possession of remainsfor examination to determine the cause of death

5. Whenever the nearest kin shall Request in writing bynearest of kin the to ascertain the cause of death


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Forensic Psychiatry use of psychiatric

evaluation and knowledge on humanbehavior to elucidate legal problems, such ascircumstances that modify criminal liability,and capacity to act.


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Forensic Odontology the application

odontology to legal problems such asidentification of human remains, and analysisof bitemarks


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Forensic Toxicology discipline that concerns

itself with a study on drugs and metabolitesin biological fluids with application in medico-legal cases


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Forensic Anthropology discipline concerned

with study of bones as they apply toidentification of skeletal remains, andmedico-legal cases


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Forensic Computer Science the application

of knowledge on computers and technologyto elucidate legal problems such as recoveryof digital evidence


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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 fieldsremain to be governed by law.


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So the other disciples told him, We have

seen the Lord! But he said to them, UnlessI see the nail marks in his hands and put myfinger where the nails were, and put my handinto his side, I will not believe. (John 20:25)

St. Thomas the Doubter said to be the patronsaint of Forensic Science


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Song Ci Father of forensic medicine

He published a 5 volume book on forensicmedicine that was useful reference for theJustice bureaucracy, His Yuan Lu (Instructionsto Coroner), included topics like abortion,infanticide, drowning, poisoning,examination of dead


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1858 - first medical textbook related to

medico-legal practice by Spanish PhysicianDr. Rafael Genard y Mas 1871 - Legal Medicine was included as a

subject in the School of Medicine of Real yPontifica Universidad de Santo Tomas

1895 Medico-legal laboratory wasestablished in the City of Manila


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December 10, 1937 Commonwealth Act No. 181 was

passed creating the Division of Investigation underthe Department of Justice. Medico-Legal Section wasan integral part and Dr. Gregorio Lantin was chief

June 19, 1947 Republic Act No. 157 created theBureau of Investigation

June 18, 1949 Republic Act 409 creation of theOffice of the Medical Examiners and CriminalInvestigation Laboratory under the Police Departmentof the City of Manila

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


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December 10, 1937 Commonwealth Act No. 181 was

passed creating the Division of Investigation underthe Department of Justice. Medico-Legal Section wasan integral part and Dr. Gregorio Lantin was chief

June 19, 1947 Republic Act No. 157 created theBureau of Investigation

June 18, 1949 Republic Act 409 creation of theOffice of the Medical Examiners and CriminalInvestigation Laboratory under the Police Departmentof the City of Manila

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


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Major agencies of government concerned with

forensic investigations:

1. National Bureau of Investigation Taft Avenue,Manila2. 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


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1. 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 ballistics4. Document Examination Unit handwriting

analysis5. Photography Unit documentation6. Others: toxicology unit (biological fluids),

fingerprint, polygraph, evidence-collection


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Fingerprint database in the Philippines

Fingerprint database mostly those withcriminal records Half a million prints in database Automated Fingerprint Identification System

or (AFIS) - which can process 40,000 prints aminute


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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


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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 Institutein the University of the Philippines system toprovide competent, scientific and moderntechnical services for the detection andinvestigation of crimes.


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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


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CRIMINAL LAW

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


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REMEDIAL LAW

Physical and mental examination of theperson (rule 28) Proceeding for hospitalization of an insane

person (rule 101) DNA evidence


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REMEDIAL LAW

Physical and mental examination of theperson (rule 28) Proceeding for hospitalization of an insane

person (rule 101) DNA evidence


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Labor Law Employees Compensation

Insurance Law Special laws Juvenile Justice Act, Code of

Sanitation Code of sanitation


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Regulation of Profession Medicine and

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


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THANK YOU.

Legal Medicine June 11 11 (1)

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