ForMed Notes • death

Legal medicine is a branch of medicine but utilized in law purely for • trauma
the ends of justice
• violence
Medical jurisprudence is a branch of law dealing with the relation of
a patient and a doctor Nature of study

Overly expanded – 7610, 1853, 80, 7877 • Ability to acquire facts and draw conclusions
therefrom
Labor Code – Med. Welfare of a child
• Must possess powers to impart to others
Combi -> forenmed verbally or in writing all those he has observed

Law on one hand, medicine on the other

Imhotep – recorded the first murder trial

“Egyptian children are the most confused children, when their daddy
dies, they don’t know whether to call him mummy or daddy”

Fetus – animated at the age of 40 days

Article 40 of CC – Civil personality is determined by death. There is a

benefit of retroactive application. Pag premature, you are only given
a civil personality after 24 hours

Testamentary will – capacity to act

Annulment and separation

Physician vs. Jurist
Psychological incapacity – loosely defined in Concepcion vs Cuneta
Physician
Article 39 – alter or modifies a person’s capacity to act
• cure
Remedial law
• to diagnose and render treatment
- Physical or mental examination of patient/accused who is
presently confined in a hospital… arraignment or trial • minor injuries are ignored

Rule 72 Special Proceedings – hospitalization of an insane person Jurist

Criminal Law Alternative circumstances – education, alcoholism, • cause

relationship
• to testify before all courts or tribunal
Crimes against persons, chastity
• all are recorded
Acts of lasciviousness RA 8353

Zacchias?

Blood typing – is only conclusive

DECEPTION DETECTION
DNA can prove/disprove paternity
Deception Detection – you wipe out those who are not actual
Scope of legal medicine suspects in the case.

• Transcends all where medical and paramedical sciences Groups

are applied as demanded by law for the administration of
justice. 1. Devices – measure the psycho-physiological responses of the
human being
• wounds
Polygraph test – lie detector, Q & A, it’s how you answer and not Administration of the Truth serum
what you answer, La Fayette model
• A state of delirium is induced…
 Once you lie your anus will also dilate
• When the proper point is reached, the questioning begins
REASONS FOR THE INADMISSIBILITY OF THE POLYGRAPH RESULTS IN and the subject feels a compulsion to answer the
COURTS: questions truthfully…

• No degree of standardization of acceptance yet Hypnosis is inadmissible in court

• The trier of fact is apt to give almost conclusive weight • It lacks the general scientific acceptance of reliability

• No qualification parameters for the examiner • The judge may give it uncritical and absolute reliability

• Examinee may unwittingly waive his right against self- • The hypnotized subject may deliberately fabricate
incrimination
• The subject may be in a state of “heightened
• Error factors of the examination itself* suggestibility”

ERROR FACTORS • The state of mind, skill and professionalism of the

examiner are too subjective
• Nervousness and extreme emotional tension experienced
by the subject

• Physiological abnormalities Narcoanalysis

• Mental abnormalities Alcohol

• Unresponsiveness in a living or guilty subject - Beer can lower the mask of sanity
- Once you drop your civility then the real you would be
• Attempts to beat the machine revealed
- “in wine there is truth”

Hypnosis – the power of suggestion at work. It is inadmissible in

Word association test – better
court because he may waive his rights against self-incrimination.
Presumption of guilt. No idea if the examiner is coming up with
- It measures how long it took you to answer
reliable results.
- The delay is a positive sign of word association because
you were contemplating in what to say
Inadmissible <-> persuasive
Psychological stress evaluation
Split pair
- Evaluates whether you’re under stress or not
Signs of lying – all of these must come as a collective effect
- Talking is an involuntary action, may natural tremor yung
voice 1. Inability to look at the eye
- But when you lie, it’s voluntary, tremors are lost 2. Sweating
- Based on the science of graphonics where speech is 3. Fidgeting
composed of audible and inaudible frequencies at an 4. Color change – blacks – pale
oscillation rate of 8-14 cycles per second 5. Sniffling
- When a person is stressed or lying, the microtremor in the 6. Foot aimed toward the door
voice utterance is suppressed 7. Swearing
- 8. Excessive activity of the Adam’s apple
9. Inability to look “eye to eye”
2. Drugs – inhibit
10. Peculiar feeling inside
11. Spotless past record
Truth serum – sends you to “twilight zone” – most vulnerable time,
12. “not that I remember’
line between wakefulness and sleep. Hyosine hydrobromide –
buscopan
SCIENTIFIC INTERROGATION Baro trauma – change of atmospheric pressure , diver’s sickness

• Mutt and Jeff technique Lacerated wounds – tearing force

• Split-Pair technique Burns, scald, frostbites – heat or cold

• CONFESSION Latent heat of evaporation – cold

Pugilistic stance – burned while living, closed fist

MEDICOLEGAL INVESTIGATION OF PHYSICAL INJURIES Chemical explosion – guns

Physical injuries Infection

- The effect of some for of stimulus from within or without

- Apparent when stimulus is not visible enough
Manner of infliction
- Real – visible
- vital reactions can only be elicited in the living
Hit

Rubor – redness
Thrust

Calor – heat
Stab

Dolor – pain
Gun powder explosion

Functio laizza – loss of function

Sliding, rubbing, abrasion – friction

Classification of wounds as to severity

As to the depth of wound

Mortal – brain, upper spinal cord (where the respiratory centers are
Superficial
located) – cause instantaneous death
Deep – penetrating, perforating (hollow)
- heart, lungs, big vessels, stomach, liver, spleen, intestines
As to the site of application of force in relation to location of injury
Non-mortal – will not produce death immediately or shortly
thereafter Coup – where inflicted, the injury was there

- tetanus Contre coup – opposite the site of injury

- There is no law compelling a person to seek medical
attention after an injury Coup-contre-coup

Classification of wounds as to the kind of instrument used Locus minoris existencia – point of minimal resistance

Blunt - Any blow on the head would crack some part of the skull –
black eye at the plate of the orbit
Contusion –mababaw
Area of rape - hymenal lacerations
Hematoma – malalim, hue
6:00 – most frequent site of lacerations in rape, point of minimal
Laceration – may tear resistance

Sharp 12:00 – rare

Sharp edged – incised wound Extensive injuries – halo halo

Sharp pointed- punctured wound Medical classification of wounds

Sharp-edged-pointed – stab would Closed wounds – no break in the continuity of the skin or mucous
membrane
Deeper than wide – stab
 Petechiae, contusion, hematoma
Wider than deep – incise
  Sprain, dislocation, fracture, strain Psychotic behaviors

 Internal hemorrhage  Head banging bumping

 Thermophilia
 Sprain – tendon stretched  castration or amputation
 Strain – muscle stretched  onychopagia – penchant for biting nails
 pricking of acne eruptions
 bruxism
Open wound – there is a break in the continuity of the skin or  self-disfigurements
mucous membrane  trichotillomania
 subcutaneous injuries
Skin or mucous membrane – anus, lips, labia
Legal classification of injuries
 Abrasions – scratch, graze, “patterned wound” - gulong,
impression mark – belt, friction mark  Art 262- mutilation, kinds
 Incised, hacked, stab, lacerated, punctured
1. Intentionally depriving a person totally or partially
of some of the essential organs for reproduction
Slight or none at all; always
2. Intentionally depriving a person of any part or parts
venous of the human body other than the organs for reproduction

No spouting  263- SPI


Non-clotted or soft clot by WOUNDING, BEATING or ASSAULTING
if in consequence, the injured:
another,

Edges are not deeply stained. A. Shall become insane, imbecile, impotent or blind;
B. Shall have lost the use of speech, or the power to hear
Removable by washing or to smell, or shall have lost an eye, a hand, a foot, an

No inflammatory or repair process arm or a leg or shall have lost the use of any such
member, or shall have become incapacitated for work in
Not gaping which he was theretofor habitually engaged;

C. Shall have become deformed, or shall have lost any

Special types of wounds other part of his body, or shall have lost the use thereof, or
shall have been ill or incapacitated for the performance of
Patterned wounds the work in which he was habitually engaged for a period
of more than ninety (90) days;
- The wound assumes the shape of the offending instrument
- Ex. Belt buckle, tire marks, radiator grills D. Shall have caused the illness or incapacity for labor of
the injured person for more than thirty (30) days.
Defense wounds

• Wounds sustained by the victim while parrying the thrusts  264 – administering injurious substances or beverages
of the assailant in an attempt to defend himself  … Any person who without intent to kill, shall
inflict upon another:
• Always found on the extremities of the victim  - any serious physical injury
 - by knowingly administering any injurious substance or
Hesitation cuts or test cuts beverage
 - by taking advantage of the victim’s
- Presuicidal injury, usually found on the area where mortal
weakness of mind or credulity
cut is located
 265 – less serious
 … Shall incapacitate the offended party for labor ten (10)
Self inflicted wounds (motives)
days or more or shall require medical attendance for the
 To create or deliberately magnify an existing injury or same period…
disease for pension or workmen’s compensation  Qualified if the injuries shall have been inflicted with
 To escape certain obligations or punishments manifest intent to insult or offend the injured person, or
 To create a new identity or destroy existing one under circumstances adding ignominy to the offense.
 To gain attention or sympathy – Munchausen syndrome
 Psychotic behavior
  … or the victim is the offender’s parents, ascendants,


guardians, curators or teachers;
in authority…
or a person of rank or
1.Aging of the
wound
266 – slight physical
 … By inflicting physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall
require medical attendance for the same period;



… by inflicting injuries which do not prevent the offended
party from work nor require medical attendance;
… by ill-treating another by deed without causing injury
2.Determination


252 Physical Injuries inflicted in a tumultuous array
… When serious physical injuries are inflicted upon the
participants thereof, and the person responsible therefo
of weapon used
3.Reasons for
cannot be identified, all those who appear to have used
violence upon the offended party shall suffer the penalty
next lower in degree than that for the physical injuries so

1.multi-plicity of
inflicted…
 … if of less serious nature… arresto from 5 to 7 days.
Determination
MEDICO-LEGAL INVESTIGATION OF WOUNDS:

Rules to be observed
wounds
whether the
• All injuries must be described however small.
4.Determination
injury is
whether injury
• The description of the wound must be comprehensive.

•
Whenever possible, take a sketch or a photograph.
dangerous to
is
lifeaccidental,
Examination must NOT be influenced by information
obtained from others

outline of the medico-legal investigation of physical injuries:

• suicidal orthe
2.Whether
1.Determination
General investigation of the surroundings

• Examinations of the wounded body

homicidal
injury willwound
• Examinations of the wound
whether
Investigation of the surroundings:

• Crime scene investigation

produce
is ante-mortem
• Examination of the wounding instrument permanent
or post-mortem
• Investigation of possible witnesses and those who could
shed light to the case deformitythe
2.Whether
wound is the
3.Whether
• Exam of the clothings, stains, cuts, hair and other foreign
bodies at the crime scene

• Photography, sketching, or accurate description of the

crime scene mortal
wound/s or not
3.Whether
produceddeathshock
is accelerated
4.Whether the
by a disease
 4.Whether the
produce
wound was
complication
caused by as
Whether wounds were inflicted during life or after death Extrinsic Evidence:

FROM THE WOUNDING WEAPON:

a consequence
accident,
- position

Retraction of
- blood

suicide or
- hair and substances

wound homicide
FROM THE ASSAILANT:

- blood stains, tears, cuts

edges
Points in considering whether wound is homicidal, suicidal or
- fingernails, paraffin test

- intoxication, mental
accidental:
condition, physique, etc.
1. External signs and circumstances related to the position and
attitude of the body when found FROM THE CLOTHING:

2. Location of the weapon or the manner in which it was held - holes

3. The motive underlying the commission of the crime - gunpowder burns

4. The personal character of the deceased - tears, slices, rents

5. The possibility of offender deliberately changing the truth of the FROM THE CRIME SCENE:
condition
- hemorrhage
Length of time of survival after infliction of the wound:
- personal articles

Testimony of - wounding instrument

the witness Features of a stab wound

• Character of the knife

when the • Relative position of the assailant to the victim

wound was
• Width of the knife

Instruments used by assailant: • Length of the knife (?)

inflicted
• Contusion Maxims

• Incised wound • The length of the wound is the width of the knife

• Lacerated wound • The length of the wound may be longer than the width of
the knife but it could never be shorter
• Punctured wound
• In the presence of a HILT MARK, the depth of the wound is
• Abrasion the length of the knife

• Gunshot wound • In the absence of a hilt mark: “ I cannot tell you how long
is the knife but I can tell you how not short is the knife!”
 Death

Horizontal Legal effects of Death

DOA – dead on arrival

Deep Dying on arrival

Defense wounds
Time of death – not time of arrival. It is a precise event

Justice Black – in law, death has no exact definition. He came across

the case of Thomas vs Anderson – 5 km they killed each other in a

may be present duel. In pari delicto cannot take place

Hans Christian Bernard - First heart transplant

Lying on the - was not a doctor but a veterinarian.

Smith vs Smith – vehicle fell of a ravine. Husband and wife. “There

Blood
groundat the
is no distinction between dead and brain dead”

• Held:

back
Weaponof the
is
– A person though unconscious, if breathing, is still
alive!

neck,
usuallyhands
absent Death is nothing but a precise event

are usually
or hidden
EFFECT OF MEDICAL AND SURGICAL INTERVENTION:

clean
Criteria for brain death (Ottawa Protocol)

elsewhere
Offender may still be held liable for the death of the victim if it can
be proven that death is inevitable and that even without the
1.
2.
Pupils are dilated and non-reactive to light
Absence of deep reflexes

none
operation, death is the normal and direct consequence of the
3. No circulation
injuries sustained.
4. Absence of respiration
It must be shown that the physician treating the victim is competent 5. Flat EEG (brain waves)

History of
and that he exercised care and diligence.
Death – the ceasing to exist of such animal (locomotion) and
That the wound inflicted must be the direct and proximate cause of vegetative (growing and aging) functions of a human being

recent
the death.
Medical death – continuing process.
EFFECT OF NEGLIGENCE OF THE INJURED PERSON:
- Concerns of post-mortem care

altercation
• If death occurred from complications arising from a simple
Legal death
injury owing to the negligence of the injured person in its
proper care and treatment, the offender is still held - Precise event

usually in a
responsible. - Art 42
- Concerns of succession
• A person is not bound to seek medical attention for the

drinking spree
injuries sustained. Who determines brain death

• The fact that the victim would have lived had he received - 2 physicians working independently
treatment is immaterial!
For transplant

2 physicians + one neurologist / neurosurgeon

No priors
 - Death of either the principal or agent extinguishes the
agency (Art. 1919 )
- REVISED PENAL CODE:
- The criminal liability of a person is totally extinguished
when his death occurs before final judgment (ART. 89)

The Philadelphia -
-
RULES OF COURT:
The civil case for claims which do not survive is dismissed
upon death of the defendant

Protocol
PENAL
Cause of death CLASSIFICATIO
- The injury, disease or combination of both, responsible for
initiating the trend or disturbance, brief or prolonged, N OF DEATHS:
which produces the fatal termination

Immediate – there is no opportunity for sequelae or complications

to develop
Deaths of medico-legal concern - VASUSU
vs
VIOLENT
Proximate - injury or disease was survived for a prolonged interval
which permitted the development of serious sequelae. ACCIDENTAL

“probably” no place as far as death is concerned SUSPICIOUS

Degree of certainty – when the structural abnormalities established UNDETERMINED

beyond doubt the cause of death
SUICIDAL
- When there is a degree of probability amounting to almost
UNATTENDED
certainty as to the cause of death
- When cause of death is established primarily by historical Violent death - Those due to injuries inflicted in the body by some
facts which are confirmed by anatomic and clinical findings forms of outside force.
- Clinical speculations
• The physical injury must be the IMMEDIATE or PROXIMATE
Quo vadis after brain death CAUSE of death.

The right to die • Elements

“Triad of consent” • That the victim at the time of infliction was healthy.

- Patient, physician and hospital through a living will, donor • That death may be expected from the physical injuries.
card or any legal document
• That death ensued within a reasonable time.
Legal consequences
Violence + natural causes
- Art 42, 774, 1830, 1919 RPC. 89
- CIVIL CODE: - If death was accelerated by violence
- The civil personality of a natural person is extinguished by
death (Art. 42 ) Euthanasia – mercy killing
- Transmission of properties to his heirs at the time of death
(Art. 774 ) Because of Art 253 of RPC, there is no legal euthanasia
- One of the causes of dissolution of a partnership
agreement (Art. 1830)
  Did the victim die of a natural cause independent of the Not all deaths would result to Cadaveric Spasm – it is only applicable
violence inflicted? to those who died w/ pressure, spasm, stress, tension

The living will Rigor Mortis vs Cadaveric Spasm

• May be executed by any person 18 yrs or over with a

sound mind. If under 18, must be with parental consent

- immediately
- binding as a mandatory directive written in a PUBLIC
INSTRUMENT, unless there is actual notice of contrary
intention

- or by the next-of-kin in the order of hierarchy called the

“LEGAL SURROGATE”
AD
Changes in the blood

RECIPIENTS: any specified individual, hospital or • coagulation

organ bank

Postmortem Changes: Changes after death - Certain- accelerated in infectious fevers

group of
- delayed in asphyxia and opium, cyanide or carbon
Changes in the muscles monoxide poisoning

muscles
Stage of Primary Flaccidity Livor Mortis; Post-mortem Suggilation; Post-mortem
Hypostasis; LIVIDITY
- Everything about you is soft
- Immediately after death • Accumulation in the most dependent part of the body due
- Muscles are relaxed to coalescence of capillaries resulting in a dull red or
- Urine and feces are expelled due to relaxation of the purplish color of the skin

- May or may
sphincters
- Lasts for about 3-6 hrs. • Once completed at the back, the lividity does not transfer.
Blood accumulates at vessels
Cadaveric spasm – one portion of the body becomes hard because
of adrenaline rush not appear
• Once blood diffuses out of the body, it will never return

• Appears immediately after death involving only a certain

group of muscles.
at the time
• Onset: 3-6 hrs

of death
• Useful in determining if body has been moved after death
• Results from extreme nervous tension prior to death such
as salvage or suicide. • May also be a good determinant of time of death

• Explains why some suicide victims are found grasping the • TYPES:
knife or gun used in committing suicide

- to establish
• HYPOSTATIC (movable)
Rigor Mortis – natural phenomenon
• DIFFUSION (permanent)
• Also known as: POST-MORTEM RIGIDITY
CADAVERIC RIGIDITY, DEATH STIFFENING nature of
Secondary Flaccidity – soft

death
DEATH STRUGGLE Stage of Putrefaction

• Onset at 3-6 hrs after death, completed at 12 hrs. and - Beginning of putrefaction at 24th hour
lasts for 36-48 hrs. - begins after the “waning” of rigor mortis
- due to dissolution of the coagulated proteins
• Begins at the muscles of the neck and jaw, spreads to the
chest, arms and legs Beyond 48 hours Putrefaction

• You turn totally rigor, complete – 12th hour. Plateau up to  Breakdown of complex proteins into simpler components
18th hour  Greenish discoloration on the right iliac fossa followed by
rapid spread
 Generalized swelling
Algor mortis Skeletonization

- Cooling of the body - The soft tissues begin to liquefy and are consumed by
- Di nangyayari ditto dahil tropical country bacteria and scavengers leaving behind only the bony
- Body assumes the room temperature structures
- Cold prevents the body from decomposing
- Begins after metabolism has ceased and no more heat is Kinds of death
produced. Body loses heat by evaporation or conduction
 Somatic death – occurs when a physician declares a person
resulting in progressive fall of temperature
has expired due to complete, persistent and continuous
- rapid on the first 2 hrs then slows down
cessation of the vital function of the brain, heart and
- (NORMAL TEMP.) 98.4 – (RECTAL TEMP.) lungs. But there is still animal life among individual cells as
evidenced by presence of excitability of muscles and ciliary
1.5 movement of individual cells
 Molecular death – occurs 3-6 hours after death. There is
- = approximate number of hours after death death to individual cells
 Apparent death or state of suspended animation – this
Sweden
condition is not really death but a mere transient loss of
- Females usually wear mink coats which is a good habitat consciousness or temporary cessation of the body.
for flea. If body is fished out w/in 24 hrs, fleas would still
Signs of death:
be alive because they could hibernate
Cessation of heart activity
Africa
Palpation – sa pulse
- Maggots
- How long has been the body dead of there are ova? 48 hrs Auscultation – heart and lungs
- Pag young flies? 96 hrs
Fluoroscopy – accdg to achie, ginagamit siya sa buhay. May iniinject
Stomach contents din na dye tapos ixray. By means of some fluorescent substance, the
shadows of objects enclosed in media opaque to ordinary light but
- Solids would empty after 4 hrs
transparent to x-rays. Barium is the dye used.
- Liquid after 1 hr
- Electrocardiogram – to be sure.

Effects of pressure of gases of putrefaction: Magnus test – color change.  placing a ligature
round the base of a finger. If the finger turns red, buhay. Pag ash
• Displacement of blood
white - patay
• Fluid coming out of nostrils and mouth
Icard’s test - injecting a solution of fluorescin(dye) and when the
• Bloating neighboring skin is still alive nagiging yellowish green

• Floating Diaphanous test – place flashlight behind palm. Pag black - dead, red
- alive looking through the web of the fingers at a bright light
• Extrusion of the fetus in a gravid uterus
Cessation of respiration
MUMMIFICATION
Mirror test – place a mirror near the nose, if mist forms, then the
• Body becomes dry, dark brown and brittle due to long body is breathing.
exposure to warm and dry environment.
Feather test or cotton test
ADIPOCERE FORMATION
- Place it on the nose, watch for it move.
• Fatty tissues are replaced with white greasy products due
to hydrolysis of fats forming fatty acids and soap Winslow’s test

- Saucer on the chest w/ water. Watch for ripples on the

water
Water test  To demonstrate power and validate strength through
conquest
Schourop’s formula – cerebrospinal fluid  An assertion of one’s “right” as in marital or date rape
 To overcome distress and frustration with the demands of
CHRONOLOGY OF PUTREFACTIVE CHANGES:
life
• 12 hrs.  Poor impulse control with sex
 To get even – ex. after breakups
• Rigor mortis complete.
Rape as a crime
• Livor mortis complete.
October 22, 1997. Art 335 to Art 266
• Greenish discoloration over cecum
 The reclassification of RAPE in the taxonomy of felonies,
• 24 hrs. from crime against chastity to one against persons has
consequently produced not only SUBSTANTIVE but also
• Rigor mortis waned. Greenish discoloration over whole PROCEDURAL effects on the related provisions of the
abdomen spreading to the chest. Revised Penal Code and the Rules of Court.

• Abdomen distended with gases Even after the reluctance of the victim, the State may still prosecute
the crime.
• Ova of flies seen.
Victim for refusal to be a witness – hostile witness. State can
• 48 hrs
proceed even without a witness.
• Trunk bloated.
Substantive changes – totally altered by amendments
• Face discolored and swollen.
 The NEW Anti-Rape Law has also set aside jurisprudence
based on the repealed provisions of the former law and
• Blisters present.
provided for a different governance in rape cases
• Moving maggots seen committed and filed after its effectivity.

• 72 hrs. Art. 266 A

RAPE: when and how committed
• Whole body grossly swollen and disfigured. Hair and nails
loose. Tissues soft and discolored. 1. By a MAN having carnal knowledge of a WOMAN under
any of the following circumstances: - classic rape
• One week
Chromosomes will determine the gender
• Soft viscera putrefied
It does not really deal with elements but circumstances in
• Two weeks attendance

• Resistant viscera distinguishable. How?

• Soft tissues largely gone A. Through force, threat or intimidation

• One month - Before, force and intimidation lang, ngayon may threat na.

• Beginning skeletonization Threat vs Intimidation

• 2-3 months Threat is an immediate promise of bodily harm

• Complete skeletonization Intimidation is an immediate promise of moral harm

PSYCHOSOCIAL ASPECTS OF RAPE B. When the offended party is deprived of reason or otherwise
unconscious
An act of violence in a sexual context. Although a form of sexual
assault, it has more to do with aggression. Cautiously considered Deprived of reason – may be preexisting or nagging sira as a result of
was the diagnosis of sexual sadism as a crime against humanity. something

Motives Unconscious – totally impervious

C. Fraudulent machination or grave abuse of authority People vs Cpmde

Fraudulent machination – women of low repute, breach of promise - Woman in her deep sleep is considered unconscious
to marry may come under this
STATE vs. LUNG
Grave abuse of authority – can be a product of elimination. Should
be qualified seduction etc. 7877 – sexual harassment - if cantharides were used to incite the victim’s passion,
there is no depreciation of reason hence physical access
D. When the offended party is under 12 yrs of age or is demented, does not constitute rape
even though none of the circumstances mentioned above be
present Frustrated rape? Immaterial ang labia majora

Statutory rape More frequent lacerations sa 5-6-7 o’clock. Why? Always on the
missionary. Rape is always man on top, not woman on top
- One of the easiest crimes to prove
- Only becomes a crime because the law says so. Rape is a crimen sans finesse – crime committed without finesse.
Incidents of laceration are very high
Demented – not exactly normal. Someone biologically over 12 but
mental capacity is under 12

2. By ANY person under any of circumstances mentioned in Triad of virginity

paragraph 1 hereof, shall commit an act of
1. intact hymen with small orifice
SEXUAL ASSAULT...
2. prominent rugosities
 by inserting his PENIS into another person’s MOUTH or 3. tight vaginal wall/hole
ANAL orifice,
How tight is tight?
 Or any INSTRUMENT or OBJECT into the GENITAL or ANAL
Average male diameter AMFOFE – 2.5 cms
orifice of another (baba lang)
1 finger w/ no difficulties
Silvano vs CA – the use of tongue or finger in the genital is also
object rape
2 fingers, no movement at all

Acts of lasciviousness – if only for the purposes of looking at the

Prominent rugosities – feel the “groove”
elements, 335 must still be printed
Found at 6 o’clock
People vs Campuhan – mere touching of the labia minora is not
enough. Clearly, it must be shown that there was “animus” to True – someone never had any idea or experience with sex
penetrate. It does not consummate the crime. Dapat may “balak”
False
As to degree of force or intimidation
1. someone who has had experience with sex but hymen
- There is really no way to determine the degree of force remain intact (virgo intacta)
- In order to prove that the woman resisted, there must be 2. All forms of sexual liberty except penetration “demi virgin”
“tenacious resistance”
Virgo intacta – orifice and hymen is wide. Intact not withstanding
Resistance should be preexisting, existing or subsisting experience

- Dapat continuous People vs Ballaran

- Not fair for the victims, it’s another burden of proof
- Should fight back  Abuse of confidence is aggravating
- And necessarily, the offender should also show physical
injuries  One crime of rape where several acts were committed on
- As to subsequent consent – it does not alter the same woman by the same offender on one occasion

On deprivation of reason or unconsciousness PP. vs. BLANCE

- Partial deprivation of reason will suffice - The character of the victim is immaterial if the crime of
- The cause thereof may be organic or due to lack of sleep rape is committed by force or intimidation.
or induced by drugs - The HUSBAND loses the “RIGHT OF CONSORTIUM”
arising from their connubial relations
Guiding principles in deciding rape cases (Pp. vs. Aldana):  This is a ruling pro hac vice – cannot be used in
jurisprudence and it cannot be used as a basis of res
- A rape charge can be made with facility, is difficult to prove but judicata
more difficult for the accused, though innocent, to disprove;
Doctrinal myths
- In view of the intrinsic nature of rape where only two persons are
involved, the testimony of the complainant must be scrutinized with “RAPE IS EASILY FABRICATED…”
extreme caution; and
 An accusation for rape is easy to make, difficult to prove
- The evidence for the prosecution must stand or fall on its merits and even more difficult to disprove.
and cannot draw strength from the weakness of the evidence for the
defense. “FILIPINA OF DECENT REPUTE…”

AGGRAVATING/QUALIFYING: “It is hard to believe that an unmarried woman… would publicly

declare that she had been raped, thereby practically foreclosing the
 Victim is under 18 and the offender is a person of moral probability of a happy married life…”
ascendancy over the victim;

 Victim is below 7 years old;

“ASSAULT ON CHASTITY, VIRTUE OR HONOR…”
 When committed by any member of the AFP, paramilitary,
PNP or any law enforcement agency or penal institution,  Chastity is a Virtue
when the offender took advantage of his position;
 Being Virtuous is Honorable
 Victim is under the custody of the police or military
authorities or any law enforcement or penal institution;  Losing one’s Honor may mean losing one’s Life

 When by reason or on occasion of rape, the victim has DOCTRINE OF “TENACIOUS RESISTANCE”
suffered permanent physical mutilation or disability;
 Mere resistance is not sufficient to convict.
 When rape is committed in full view of the spouse, parent,
children or third degree relatives;  In its enlightened state, the Supreme Court no longer
requires the victim to prove resistance if the prosecution
 When the offender knew of the pregnancy of the victim; can prove force or intimidation.

 Offender knowingly harbors HIV or any other STD and “NORMAL CONDUCT” DOCTRINE:
such disease is transmitted to the victim;
 The demeanor of the victim before, during and after the
 When victim is of religious calling or vocation and is assault is judged according to the supposed or expected
personally known to be such by the offender before or at conduct of a woman whose virtue is about to, or has just
the time of commission; been, violated.

 When the offender knew of the mental disability, “CRIME OF LUST OR PASSION”
emotional disorder and/or physical handicap of the victim;
 “Lust, we now repeat, is no respecter of time and
Last-minute comments: place.”

 Any of the aggravating/qualifying circumstances if duly “RELATIONSHIP THEORY”

alleged and proved will warrant the imposition of a
single indivisible penalty of death  At any rate, being sweethearts would not exempt the man
from criminal liability if the sexual intercourse was against
 On victims below 7 yrs old – qualified statutory rape the woman’s will.

 On victims over 7 and under 12 – simple statutory rape PREDISPOSING CAUSES OF VULVO-VAGINAL INJURIES DURING
SEXUAL ACT:
People vs Erina
Virginity-Prepuberty
 Massive disproportion of genitalia
 Frustrated rape Genital disproportion
 Timely arrival of grandma. Keeping in mind the criminality.
Unprepared or unaroused female
Frustrated stage but not frustrated rape
Position

Male brutality

Recent vaginal surgery

Renewed activity after prolonged abstinence

Over-active female

Sex deviants

Evidence

Semenology – w/in 72 hrs from time of examination

72 hrs – lifetime of sperm sa loob. 4 hrs, sa tubig