1.1a introduction to legal med.pdf
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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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