Legal Medicine June 11 11 (1)
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Ivy D. Patdu, MD JD
There is a man dead in a locked office, sitting at his desk. On the desk there are a couple of pieces of blank paper, a pen and a sealed envelope. The office is locked from the inside. No-one has directly killed him. How was he killed?
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 with the relation between the law and medicine, and should strictly encompass both medical jurisprudence and forensic medicine.
Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)
Medical Jurisprudence is the application of legal knowledge to the practice of medicine, and is a study on the legal principles relevant to the discipline of medicine.
Forensic Medicine – application of scientific and medical principles to legal problems; sometimes it is used synonymously with Legal Medicine.
It is a branch of medicine that deals with the use of medical knowledge and related specialties in order to elucidate legal problems.
Forensic pathology Forensic psychiatry Forensic toxicology Forensic entomology Forensic ontology Forensic anthropology Forensic Computer Science
Forensic pathology – subspecialty of pathology that focuses on medico-legal death investigation; for death under suspicious circumstances, medico-legal officer can conduct an autopsy
Code on Sanitation, P.D. 856 §95 (1975)
Person authorized to perform Autopsies: 1. Health officers; 2. Medical officers of law enforcement agencies; and 3. Members of the medical staff of accredited hospitals.
Autopsies shall be performed in the following cases:
Whenever required by special laws By Order of Court or Fiscal Upon written request of police authorities Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it necessary to disinter and take possession of remains for examination to determine the cause of death 5. Whenever the nearest kin shall Request in writing by nearest of kin the to ascertain the cause of death 1. 2. 3. 4.
Autopsies may be performed on patients who die in accredited hospitals subject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death of the deceased and request permission to perform an autopsy. 2. Autopsy can be performed when the permission is granted or no objection is raised to such autopsy within 48 hours after death. 3. In cases where the deceased has no next of kin, the permission shall be secured from the local health authority.
Forensic Psychiatry – use of psychiatric evaluation and knowledge on human behavior to elucidate legal problems, such as circumstances that modify criminal liability, and capacity to act.
Forensic Entomology – application of knowledge about insects and their developmental stages to deal with legal problems such as time of death, and reconstruction of crime scene
Forensic Odontology – the application odontology to legal problems such as identification of human remains, and analysis of bitemarks
Forensic Toxicology – discipline that concerns itself with a study on drugs and metabolites in biological fluids with application in medicolegal cases
Forensic Anthropology – discipline concerned with study of bones as they apply to identification of skeletal remains, and medico-legal cases
Forensic Computer Science – the application of knowledge on computers and technology to elucidate legal problems such as recovery of digital evidence
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 fields remain to be governed by law.
So the other disciples told him, “We have seen the Lord!” But he said to them, “Unless I see the nail marks in his hands and put my finger where the nails were, and put my hand into his side, I will not believe.” (John 20:25) St. Thomas the Doubter – said to be the patron saint of Forensic Science
Hippocrates (460-355 BC) – discussed lethality of wounds Antistius - he is the forensic pathologist who performed an autopsy on Julius Cesar (100-44 BC) and found out that Julius Cesar suffered from 23 wounds, only one penetrated the chest cavity through the space between the first and second ribs.
Song Ci – Father of forensic medicine He published a 5 volume book on forensic medicine that was useful reference for the Justice bureaucracy, His Yuan Lu (Instructions to Coroner), included topics like abortion, infanticide, drowning, poisoning, examination of dead
1858 - first medical textbook related to medico-legal practice by Spanish Physician Dr. Rafael Genard y Mas 1871 - Legal Medicine was included as a subject in the School of Medicine of Real y Pontifica Universidad de Santo Tomas 1895 – Medico-legal laboratory was established in the City of Manila
December 10, 1937 – Commonwealth Act No. 181 was passed creating the Division of Investigation under the Department of Justice. Medico-Legal Section was an integral part and Dr. Gregorio Lantin was chief June 19, 1947 – Republic Act No. 157 created the Bureau of Investigation June 18, 1949 – Republic Act 409 – creation of the Office of the Medical Examiners and Criminal Investigation Laboratory under the Police Department of the City of Manila
Read Solis, Legal Medicine, 6-11 (1988)
December 10, 1937 – Commonwealth Act No. 181 was passed creating the Division of Investigation under the Department of Justice. Medico-Legal Section was an integral part and Dr. Gregorio Lantin was chief June 19, 1947 – Republic Act No. 157 created the Bureau of Investigation June 18, 1949 – Republic Act 409 – creation of the Office of the Medical Examiners and Criminal Investigation Laboratory under the Police Department of the City of Manila
Read Solis, Legal Medicine, 6-11 (1988)
Major agencies of government concerned with forensic investigations: 1. National Bureau of Investigation – Taft Avenue, Manila 2. 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
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 ballistics 4. Document Examination Unit – handwriting analysis 5. Photography Unit – documentation 6. Others: toxicology unit (biological fluids), fingerprint, polygraph, evidence-collection 1.
Fingerprint database in the Philippines Fingerprint database – mostly those with criminal records Half a million prints in database Automated Fingerprint Identification System or (AFIS) - which can process 40,000 prints a minute
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
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 Institute in the University of the Philippines system to provide competent, scientific and modern technical services for the detection and investigation of crimes.
CIVIL LAW determination of civil personality (NCC, art 40,41,42) limitation of person’s capacity to act (NCC, article 38, 39) marriage and legal separation - psychological incapacity paternity and filiation testamentary capacity of a person making a will
CRIMINAL LAW Circumstances affecting criminal liability (insanity) Crimes against persons Crimes against chastity Dangerous Drugs Act VAWC
REMEDIAL LAW Physical and mental examination of the person (rule 28) Proceeding for hospitalization of an insane person (rule 101) DNA evidence
REMEDIAL LAW Physical and mental examination of the person (rule 28) Proceeding for hospitalization of an insane person (rule 101) DNA evidence
Labor Law – Employee’s Compensation Insurance Law Special laws – Juvenile Justice Act, Code of Sanitation Code of sanitation
Regulation of Profession – Medicine and Allied Medical Sciences Licensing of Hospitals Medical Negligence Hospital Liability and other Institutions TeleMedicine
Current Laws relevant to Medicine and Allied Medical Science
THANK YOU.
There is a man dead in a locked office, sitting at his desk. On the desk there are a couple of pieces of blank paper, a pen and a sealed envelope. The office is locked from the inside. No-one has directly killed him. How was he killed?
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 with the relation between the law and medicine, and should strictly encompass both medical jurisprudence and forensic medicine.
Legal aspect of medical practice (Solis, Medical Jurisprudence p.1)
Medical Jurisprudence is the application of legal knowledge to the practice of medicine, and is a study on the legal principles relevant to the discipline of medicine.
Forensic Medicine – application of scientific and medical principles to legal problems; sometimes it is used synonymously with Legal Medicine.
It is a branch of medicine that deals with the use of medical knowledge and related specialties in order to elucidate legal problems.
Forensic pathology Forensic psychiatry Forensic toxicology Forensic entomology Forensic ontology Forensic anthropology Forensic Computer Science
Forensic pathology – subspecialty of pathology that focuses on medico-legal death investigation; for death under suspicious circumstances, medico-legal officer can conduct an autopsy
Code on Sanitation, P.D. 856 §95 (1975)
Person authorized to perform Autopsies: 1. Health officers; 2. Medical officers of law enforcement agencies; and 3. Members of the medical staff of accredited hospitals.
Autopsies shall be performed in the following cases:
Whenever required by special laws By Order of Court or Fiscal Upon written request of police authorities Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it necessary to disinter and take possession of remains for examination to determine the cause of death 5. Whenever the nearest kin shall Request in writing by nearest of kin the to ascertain the cause of death 1. 2. 3. 4.
Autopsies may be performed on patients who die in accredited hospitals subject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death of the deceased and request permission to perform an autopsy. 2. Autopsy can be performed when the permission is granted or no objection is raised to such autopsy within 48 hours after death. 3. In cases where the deceased has no next of kin, the permission shall be secured from the local health authority.
Forensic Psychiatry – use of psychiatric evaluation and knowledge on human behavior to elucidate legal problems, such as circumstances that modify criminal liability, and capacity to act.
Forensic Entomology – application of knowledge about insects and their developmental stages to deal with legal problems such as time of death, and reconstruction of crime scene
Forensic Odontology – the application odontology to legal problems such as identification of human remains, and analysis of bitemarks
Forensic Toxicology – discipline that concerns itself with a study on drugs and metabolites in biological fluids with application in medicolegal cases
Forensic Anthropology – discipline concerned with study of bones as they apply to identification of skeletal remains, and medico-legal cases
Forensic Computer Science – the application of knowledge on computers and technology to elucidate legal problems such as recovery of digital evidence
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 fields remain to be governed by law.
So the other disciples told him, “We have seen the Lord!” But he said to them, “Unless I see the nail marks in his hands and put my finger where the nails were, and put my hand into his side, I will not believe.” (John 20:25) St. Thomas the Doubter – said to be the patron saint of Forensic Science
Hippocrates (460-355 BC) – discussed lethality of wounds Antistius - he is the forensic pathologist who performed an autopsy on Julius Cesar (100-44 BC) and found out that Julius Cesar suffered from 23 wounds, only one penetrated the chest cavity through the space between the first and second ribs.
Song Ci – Father of forensic medicine He published a 5 volume book on forensic medicine that was useful reference for the Justice bureaucracy, His Yuan Lu (Instructions to Coroner), included topics like abortion, infanticide, drowning, poisoning, examination of dead
1858 - first medical textbook related to medico-legal practice by Spanish Physician Dr. Rafael Genard y Mas 1871 - Legal Medicine was included as a subject in the School of Medicine of Real y Pontifica Universidad de Santo Tomas 1895 – Medico-legal laboratory was established in the City of Manila
December 10, 1937 – Commonwealth Act No. 181 was passed creating the Division of Investigation under the Department of Justice. Medico-Legal Section was an integral part and Dr. Gregorio Lantin was chief June 19, 1947 – Republic Act No. 157 created the Bureau of Investigation June 18, 1949 – Republic Act 409 – creation of the Office of the Medical Examiners and Criminal Investigation Laboratory under the Police Department of the City of Manila
Read Solis, Legal Medicine, 6-11 (1988)
December 10, 1937 – Commonwealth Act No. 181 was passed creating the Division of Investigation under the Department of Justice. Medico-Legal Section was an integral part and Dr. Gregorio Lantin was chief June 19, 1947 – Republic Act No. 157 created the Bureau of Investigation June 18, 1949 – Republic Act 409 – creation of the Office of the Medical Examiners and Criminal Investigation Laboratory under the Police Department of the City of Manila
Read Solis, Legal Medicine, 6-11 (1988)
Major agencies of government concerned with forensic investigations: 1. National Bureau of Investigation – Taft Avenue, Manila 2. 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
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 ballistics 4. Document Examination Unit – handwriting analysis 5. Photography Unit – documentation 6. Others: toxicology unit (biological fluids), fingerprint, polygraph, evidence-collection 1.
Fingerprint database in the Philippines Fingerprint database – mostly those with criminal records Half a million prints in database Automated Fingerprint Identification System or (AFIS) - which can process 40,000 prints a minute
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
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 Institute in the University of the Philippines system to provide competent, scientific and modern technical services for the detection and investigation of crimes.
CIVIL LAW determination of civil personality (NCC, art 40,41,42) limitation of person’s capacity to act (NCC, article 38, 39) marriage and legal separation - psychological incapacity paternity and filiation testamentary capacity of a person making a will
CRIMINAL LAW Circumstances affecting criminal liability (insanity) Crimes against persons Crimes against chastity Dangerous Drugs Act VAWC
REMEDIAL LAW Physical and mental examination of the person (rule 28) Proceeding for hospitalization of an insane person (rule 101) DNA evidence
REMEDIAL LAW Physical and mental examination of the person (rule 28) Proceeding for hospitalization of an insane person (rule 101) DNA evidence
Labor Law – Employee’s Compensation Insurance Law Special laws – Juvenile Justice Act, Code of Sanitation Code of sanitation
Regulation of Profession – Medicine and Allied Medical Sciences Licensing of Hospitals Medical Negligence Hospital Liability and other Institutions TeleMedicine
Current Laws relevant to Medicine and Allied Medical Science
THANK YOU.
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