PART I.

MEDICO-LEGAL ASPECTS OF DEATH

The medico-legal aspects of death are responsible for conducting death investigations and
certifying the cause and manner of unnatural and unexplained deaths. Unnatural and
unexplained deaths include homicides, suicides, unintentional injuries, drug-related deaths,
and other deaths that are sudden or unexpected.

Definition of Death
Death is defined as the absence of life in a living matter. It is the complete cessation
of all the vital functions without possibility of resuscitation. It is an irreversible of the
properties of the living matter. Dying is a continuing process while death is an event that
takes place at a precise time. The ascertainment of death is a clinical and not a legal problem.

Criteria Used in the Determination of Death

Enumerated are some of the criteria used by the medico legal examiners in the determination
of death:

1. Brain Death -occurs when there is irreversible coma, absence of electrical brain
activity and complete cessation of all the vital functions without possibility of
resuscitation.
2. Cardio-Respiratory Death - occurs when there is a continuous and persistent
cessation of heart action and respiration. Cardio-respiratory death is a condition in
which the physician and the members of the family pronounced a person to be dead
based on the common sense and intuition.
3. Others Some countries or states provide both brain and cardio-respiratory bases in
an alternative or electric way in the determination of death.

Kinds of Death
In addition to the criteria used in the determination of death, hereunder are kinds of death:

1. Somatic Death or Clinical Death- This is the state of the body in which there is
complete, persistent and continuous cessation of the vital functions of the brain, heart
and lungs that maintain life and health. It occurs the moment the physician or other
members of the family declare a person has expired, and some of the early signs of
death are present. It is hardly possible to determine the exact time of death.
2. Molecular or Cellular Death- After cessation of the vital functions of the body there
is still animal life along individual cells. This is evidence by the presence of excitability
of muscles and ciliary’s movements and other functions of individual cells.
3. Apparent Death or State of Suspended Animation- This condition is not really
death but merely a transient loss of consciousness or temporary cessation of the vital
functions of the body on account of disease, external stimulus or other forms of
influence. It may arise especially in hysteria, uremia, catalepsy and electric shock.

Signs of Death
To guide not only the medical jurist, but the law enforcers of the early indications of death,
hereunder are some early signs of death:
1. Cessation of Heart Action and Circulation There must be an entire and continuous
cessation of the heart action and flow of blood in the whole vascular system. A
temporary suspension of the heart action is still compatible with life. The length of the
time the heart may cease to function and life is still maintained depends upon the
 oxygenation of blood at the time of the suspension. As a general rule, if there is no
heart action for a period of five minutes, death is regarded as certain.
2. Cessation of Respiration- Like heart action, cessation of respiration in order to be
considered a sign of death must be continuous and persistent. A person can hold his
breath for a period not longer than 3 1/2 minutes. In case of electrical shock,
respiration may cease for some time but may be restored by continuous artificial
respiration.
3. Cooling of the Body or Algor Mortis- After death the metabolic process inside the
body ceases. No more heat is produced, and the body loses slowly its temperature by
evaporation or by conductions to the surrounding atmosphere. The progressive fall of
body temperature is one of the most prominent signs of death.
4. Insensibility and Loss of Power to Move- After death the whole body is insensible.
No kind of stimulus is capable of letting the body have voluntary movement. This
condition must be observed in conjunction with cessation of heartbeat and circulation
and cessation of respiration.
5. Changes in the Eyes
6. Changes in the Skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the
motive and identity of the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible motive through such
information. Victims encountered in indoor scenes will normally have identifying data on the
body, or such data will be available throughout the crime scene. In outdoor scenes, such
evidence is normally not as readily available, since the victim is removed from the personal
environment and also outdoor scene may not be discovered for long period of time; thus
evidence may be destroyed by elements of nature or will be lost. If there are no identifying
papers on the victim’s person, fingerprint should be used as means of identification. If
fingerprint identification is unsuccessful, the investigator must rely on other methods to
establish identity.

Dental structures are highly resistant to destruction, and are frequently useful when
the other portions of the body are totally decomposed (Forensic Odontology). The skeletal
remains of the victim may also help to determine identity, as well as yield other types of
information. If bone fractures are noted, they may be used to identify the deceased, but if
only corresponding medical records can be located. The widths of the pelvic bones are
excellent indicators of the victim’s sex; Determination of the victims age maybe more difficult,
in that the victims past the age of eighteen years have generally achieved their maximum
skeletal growth. However, general age determination can be established via dental structure.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body
B. Points to be Considered in Identifying a Person
1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper
union of the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide

investigations. This fact is significant because of its investigative importance in corroborating
or disputing alibis, or in establishing the victim’s movements prior to death. Determining
death is not an exact science.

POST-MORTEM CHANGES

1. POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death;

setting of blood in the dependent portions of the body following death).
It is a reddish purple to purple coloration in dependent areas of the body due to
accumulation of blood in the small vessels of the dependent areas secondary to gravity. This
pooling of blood begins immediately after death and becomes fixed in approximately 8-12
hours. The investigator can press on the skin in the dependent regions and if the skin
blanches, death has probably occurred less than 12 hours. This becomes fixed after a while
and can tell if the body has been moved. This is not a reliable indicator of time of death. This
is a better indicator of whether the body has been moved since death.
The Color of Lividity may Indicate the Cause of Death:
1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of
the body changes. Blood remains fluid in the blood vessel for 6- 8 hours.
2. Diffusion– Coagulated inside blood vessel; Change in position will not change its
location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body in
the earlier stages of death.

2. POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by
hardening of the muscles; the chemical reaction that causes rigidity in the muscle groups or
stiffening of the body after death due to the disappearance of Adenosine Triphosphate (ATP)
from the muscle.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its
presence
- Involves all muscles the same time at the same [Link] appears first in the
smallermuscles such as the jaw and then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and
strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical
countries and 36 to 48 hours during summer in the same.

Hereunder are the conditions stimulating rigor mortis:

1) Heat Stiffening- If the dead body is exposed to temperature above 75oC it will
coagulate the muscle proteins and cause the muscles to be rigid. The stiffening is more
or less permanent and may not be easily affected by putrefaction. The body assumes
the “pugilistic attitude” with the lower and upper extremities flexed and hands clenched
because the flexor muscles are stronger than the extensors.
2) Cold Stiffening- The stiffening of the body may be manifested when the body is
frozen, but exposure to warm conditions will make such stiffening disappear. The cold
stiffening is due to solidification of fat when the body is exposed to freezing
temperature. Forcible stretching of the flexed extremities will produce a sound due to
the frozen synovial fluid.
 3) Cadaveric Spasm or Instantaneous Rigor- This is the instantaneous rigidity of the
muscles which occurs at the moment of death due to extreme nervous system or injury
to the chest. It is principally due to the fact that the last voluntary contraction of
muscle during life does not stop after death but is continuous with the act of cadaveric
rigidity. In case of cadaveric spasm, a weapon may be held in the hand before death
and can be removed with difficulty.
3. ALGOR MORTIS (Cooling of the body)
The body cools following death at approximately 1.5 degrees F per hour, under
normal conditions and assuming the body’s temperature at death is 98.6 degrees F (37
degrees C).

Factors Affecting AlgorMortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

Secondary Flaccidity or Secondary Relaxation After the disappearance of rigor mortis,

the muscle becomes soft and flaccid. It does not respond to mechanical or electrical stimulus.
This is due to the dissolution of the muscle proteins which have previously been coagulated
during the period of rigor mortis. The body while at the stage of rigor mortis, if stretched or
flexed to become soft will no longer be rigid. This condition of the muscles is not secondary
flaccidity.

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is
1 to 2 days after death and then finally the dead body becomes skeletal remains in months
considering the factors that influence the rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within
24 hours. The maggots will feed vigorously on the damaged dead body, then transform into
pupal stage and finally into adult flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it
gradually clotted or coagulated in a slow process until 12 hours wherein the lividity is already
fully developed.

7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.

Putrefaction of the Body Putrefaction is the breaking down of the complex protein into
simpler components associated with the evolution of foul-smelling gasses and accompanied
by the change of color of the body.

Duration of Death In the determination as to how long a person has been dead, the following
points must be considered.

1. Presence of Rigor Mortis- In warm countries like the Philippines, rigor mortis sets
from 2 to 3 hours after death. It is fully developed in the body after 12 hours. It may
 last from 18 hours to 36 hours and its disappearance is concomitant with the onset of
putrefaction.
2. Presence of Post-Mortem Lividity- Post-mortem lividity usually develops 3 to 6
hours after death. It first appears as a small petechia-like red spots which later
coalesce with each other to involve bigger areas in the most dependent portions of the
body depending upon the position assumed at the time of death.
3. Onset of Decomposition- In the Philippines like other tropical countries,
decomposition is early, and the average time is 24 to 48 hours after death. It is
manifested by the presence of watery, foul-smelling froth coming out of the nostrils
and mouth, softness of the body and presence of crepitation when pressure is applied
on the skin.
4. Stage of Decomposition - Blood clots form inside the blood vessels within 6 to 8
hours after death. Decoagulation of blood occurs at the early stage of decomposition.
The presence of any of these conditions may infer the approximate duration of death.
5. Presence or Absence of Soft Tissues in Remains- Under ordinary condition, the
soft tissues of the body may disappear. The disappearance of the soft tissues varies
and influenced by several factors. When the body is found on the surface of the ground,
aside from the natural forces of nature responsible for the destruction of the soft
tissues, external element and animals may accelerate its destruction.
6. Conditions of the Bone- If all the soft tissues have already disappeared from the
skeletal remains, the degree of erosion of the epiphyseal ends of long bones,
pulverization of flat bones and diminution of weight due to the loss of animal matter
may be the basis of the approximation.

Value of Medico-Legal Aspects of Death

Medical expertise is crucial in death investigations. It begins with body examination and
evidence collection at the scene and proceeds through history, physical examination,
laboratory tests, and diagnosis in short, the broad ingredients of a doctor’s treatment of a
living patient. The key goal is to provide objective evidence of cause, timing, and manner of
death for adjudication by the criminal justice system. Screening, which eliminates three-
fourths of potential cases, must be handled in a scientifically defensible manner by people
with medical training, knowledge, and objectivity. Similarly, ordinary physician does not
autopsy burned bodies, but a medical examiner would investigate the possibility of homicide
masked as an accident. A medico-legal examiner brings important skills to the interview of
next of kin and others who provide a medical history.

PART II. INVESTIGATION OF DEATH

The sudden or unexplained death of an individual has a profound impact on families and
friends of the deceased and places significant responsibility on the agencies tasked with
determining the cause of death. Increasingly, science and technology play a key role in death
investigations.

Stages of Medico-Legal Investigation of Death

1. Crime Scene Investigation
The crime scene is the place where the essential ingredients of the criminal act took place. It
includes the setting of the crime and also the adjoining places of entry and exit of both
offender and victim. Not all crimes have a well-defined scene, like estafa, malversation,
continuing crimes, etc.
2. Autopsies
An autopsy is a comprehensive study of a dead body, performed by a trained physician
employing recognized dissection procedure and techniques. It includes removal of tissues for
further examination. There are two kinds of autopsies, i., hospital or non-official autopsy, and
medico-legal or official autopsy.

Stages in the Post-Mortem Examination

Enumerated hereunder the stages in the post-mortem examination of the dead body, more
particularly in the investigation of death, as follows:

1. Preliminary Examination
a. Examination of the surroundings - attention must be focused on the furniture; bullet
holes on the ceiling, floor and walls; amount, color and degree of spread of the blood stains,
position of the wounding weapon; food and fingerprints and hair and clothes.
b. Examination of the clothing - look for marks to establish identity, kind and quality of
the garment, stains, grease, cut and tear or other marks of resistance and violence.
c. Identity of the body - determine the height, weight, color of hair and eyes, complexion,
condition and number of teeth, bodily deformity, scars and tattoo marks, clothing, dog tag
and fingerprint.

2. External Examination
a. Examination of the body surfaces - inspect the natural orifice of the body. All wounds
must be described in detail, blood stains and foreign bodies.
b. Determination of the position and approximate time of death - in this stage, the
presence and degree of hypostasis, rigor mortis and putrefaction and color of the blood stain
must be noted. Examination of the hands for the presence of cadaveric spasm and wounding
weapon may be necessary.

3. Internal Examination
Examine all body orifices for blood and foreign bodies. Blood coming out of the nostrils may
imply fracture on the base of the anterior cranial fossa. Hemorrhage of the ears may imply
fracture of the middle cranial fossa. This applies to cases when trauma or disease kill quickly
that there is no opportunity for sequelae or complications to develop. An extensive brain
laceration as a result of a vehicular accident is an example of immediate cause of death.
3. The Proximate or Secondary Cause of Death The injury or disease was survived for a
sufficient prolonged interval which permitted the development of serious sequalae
which actually caused the death. If a stab wound in the abdomen later caused
generalized peritonis, then peritonis is the proximate cause of death.

Medico-Legal Classifications of Death

Medico legal classifications of death may be categorized as natural and violent deaths,
discussed hereunder:
1. Natural Death- This is death caused by natural disease condition in the body. The
disease may develop spontaneously or it might have been a consequence of physical
injury inflicted prior to its development. If a natural disease developed without the
intervention of the felonious acts of another person, no one can be held responsible
for the death.
2. Violent Death- Violent deaths are of those due to injuries inflicted in the body or
some forms of outside force. The physical injury must be the proximate cause of death.
The death of the victim is presumed to be natural consequence of the physical injuries
inflicted, when the following facts are established, i., the victim at the time of physical
injuries were inflicted was in normal health; the death may be expected from physical
injuries inflicted; and ensued within a reasonable time.
Pathological Classifications of Death
An analysis of all deaths from natural causes will ultimately lead to the failure of the heart,
lungs, and the brain, so that death due to pathological lesions may be classified into:

1. Death from Syncope This is death due to sudden and fatal cessation of the action of the
heart with circulation included.
2. Death from Asphyxia
Asphyxia is a condition in which the supply of the oxygen to the blood or to tissues or to both
has reduced below.
Classifications of Asphyxia
Enumerated and discussed hereunder are the most common classifications of asphyxia:
1. Asphyxia by Hanging- Asphyxia by hanging is a form of violent death brought about
by the suspension of the body by a ligature which encircles the neck and the
constricting force is the weight of the body. It is not necessary that the whole body
will be left suspended. The victim may be sitting or lying with the face downward
provided that the pressure is present in front or the side of the neck.

2. Asphyxia by Strangulation- Strangulation by ligature is produce by compression of

the neck by means of ligature which is tightened by a force other than the weight of
the body. Usually, the ligature is drawn by pulling the ends after crossing at the back
or front of the neck, or several folds of the ligature may be around the neck tightly
placed and the ends are knotted, or a loop it thrown over the head and a stick inserted
beneath it and twisted till the noose is drawn tight. If the ligature is made of soft
material and is applied smoothly around the neck, no visible mark will be observed
after death. Hard rough ligature applied with force more than that required to kill may
produce extensive abrasion and contusion at the area of application. Strangulation by
ligature may be observed in infanticide using the umbilical cord as the constricting
material. This must be differentiated from accidental strangulation by the umbilical
cord during child birth. In accidental strangulation during child birth, the umbilical cord
is abnormally long and there is no disturbance in the wharton’s jelly. Strangulation by
ligature is commonly observed in rape cases, but the presence of findings in the
genitalia and other physical injuries are the distinctive findings.

3. Asphyxia by Suffocation- Asphyxia by suffocation is exclusion of air from the lungs

by closure of air openings or obstruction of the air passageway from the external
openings to the air sucks. There are two kinds:

a. Smothering This is a form of asphyxial death caused by the closing the

external respiratory orifices, either by the use of hand or by some other means. The
nostrils and mouth may be blocked by the introduction of foreign substance, like mud,
paper, cloth, etc.
b. Choking This is a form of suffocation brought about by the impaction of
foreign body in the respiratory passage. Most of suffocation by choking is accidental,
although it may be utilized in suicide or in homicide.
Definition of Physical Injuries
Physical injuries, also bodily injuries or bodily harms, is damage or harm caused to the
structure or function of the body caused by an outside agent or force, which may be physical
or chemical, and either by accident or intentional. A severe and life-threatening injury is
referred to as a physical trauma.
It is also defined as impairment of physical condition or pain. The following are some of the
causes of physical injuries, i., physical violence, mechanical pressures, heat or cold, electrical
energy, chemical energy, change of atmospheric pressure or barotraumas, radiation, and
infection.
Groupings of Physical Injuries
Physical injuries resulted from external force maybe grouped into three categories, as follows:

1. Simple Injury Simple injury has not been defined in law; however, an injury which is
neither serious nor extensive but heals rapidly without leaving permanent deformity or
disfiguration is a simple injury.
2. Grievous Injury It is any injury which endangers life or which causes an individual person
to be, during the space of twenty days in severe bodily pain or unable to follow his or her
ordinary pursuits.
3. Fatal Injury A fatal injury is one that causes death immediately or within a short time
after its infliction; and these are wounds involving the heart, big blood vessels; the brain, the
upper part of the spinal cord, the lings, the stomach, the liver, the spleen, and the intestines.

Injuries Brought About by Violence The effect of the application of physical violence on a
person is the production of wound. A wound is the dissolution of the natural continuity of any
tissues of the living body. It is the disruption of the anatomic energy of a tissue of the body.
In several occasions, the word physical injury is used interchangeably with wound. However,
the effect of physical violence may not always results to the production of wound, but the
wound is always the effect of physical violence.

Vital Reactions
It is the sum total of all reaction of tissue or organ to trauma. The reaction may be observed
microscopically. The following are the common reactions of a living tissue to trauma.
1. Rubor. Reduces or congestion of the area due to an increase of blood supply as a part of
the reparative mechanism.
2. Calor. Sensation of heat or increase in temperature.
3. Dolor. Pain on account of the involvement in the sensory nerve.
4. Loss of Function. On account of the trauma, the tissue may not be able to function
normally. The presence of the vital reaction differentiates ante- mortem from a post-mortem
injury.

Classifications of Physical Injuries

The following are the classifications of physical injuries:

1. As to Severity
a. Mortal Wound. Wound is caused immediately after infliction or shortly thereafter that is
capable of causing death. Parts of the body where the wounds inflicted are considered mortal,
i., heart and big blood vessels, brain and upper portion of the spinal cord, lungs, stomach,
liver, spleen and intestine.
b. Non-Mortal Wound. Wound which is not capable of producing death immediately after
infliction or shortly thereafter.

2. As to the Kind of Instrument Used

a. Wound brought about by blunt instrument, i., contusion, hematoma, and lacerated
wounds, and
b. wound brought about by heat or cold-frostbite, burns or scald.
c. Wound brought about by sharp instrument, i., sharp-edged instrument- incised
wound, sharp-pointed instrument-punctured wound, sharp-edged and sharp-pointed
instrument-stab wound.
d. Wound brought about by tearing force-lacerated wound, and
e. brought about by change of atmospheric pressure-barotrauma.
f. Wound brought about by chemical explosion-gunshot or shrapnel wound, and
g. wound brought about by inflection.
3. As to the Manner of Infliction That is, hit-bolo, blunt instrument, axe; thrust or stab-
bayonet, dagger; gunpowder explosion-projectile or shrapnel wound; and siding or rubbing
or abrasion.

Special Types of Wounds

a. Defense Wound Is a wound or injuries suffered by a person to avoid or repel potential
injury contemplated by the aggressor. A person who is conscious that he is going to be hit by
a blunt instrument on the head may raised his flexed forearms over his head, causing injuries
to the forearms.
b. Patterned wound. Wound in the nature and shape of an object or instrument and which
infers the object or instrument causing it. Impact on the face of the radiator grill of a car may
cause imprint of the radiator grill on face.
c. Self-Inflicted Wound
Self-inflicted wound is a wound produced one oneself. As distinguished from suicide, the
person has no intention to end his life.
Medical Classifications of Wounds
Hereunder are the medical classifications of wounds:

1. Closed Wounds There is no breach of continuity of the skin or mucous membrane.

a. Superficial. When the wound is just beneath the layers of the skin or mucous membrane.
1. Petechiae This is circumscribed extravasations of the blood in the subcutaneous
tissue or underneath the mucous membrane. The cause of passage of blood from
capillaries may be due to the increase intra-capillary pressure or increased
permeability of the vessel. The hemorrhage maybe small or pinhead sized but several
petechiae may coalesced to form a bigger hemorrhagic area. Mosquito or other insect
bites may cause the formation of circumscribed hemorrhages.
2. Contusion. Contusion is the effusion of blood into the tissues underneath the skin on
account of the rupture of the blood vessels as a result of the application of blunt force
or violence. When a blunt force is applied, it momentarily compresses the blood vessels
at the point of contact, thereby temporarily forcing the blood out of the area and
setting up a fluid wave under pressure.
3. Hematoma. Hematoma is the extravasations or effusion of blood in a newly formed
cavity underneath the skin. It usually develops when the blunt instrument is applied
in any part of the body where bony tissues is superficially located, like the head, chest
and the anterior respect of the legs.
b. Deep
1) Musculo-Skeletal Injuries
a) Sprain. Partial or complete disruption in the continuity of a muscular or
ligamentous support of a joint. It is usually caused by a blow, kick or torsion force.
b) Dislocation. Displacement of the articular surface of bones entering into the
formation of a joint.
 c) Fracture. Dissolution of the continuity of bone resulting from violence or some
existing pathology.
2. Internal Hemorrhage
Rupture of blood vessel which may cause hemorrhage may be due to the following, i.,
traumatic intracranial hemorrhage, rupture of parenchymatous organs, and laceration of
other parts of the body.
3. Cerebral Concussion-Commotion Cerebri Cerebral concussion is the jarring or stunning
of the brain characterized by more or less complete suspension of its functions, as a result of
injury to the head, which leads to some commotion of the cerebral substance. Cerebral
concussion is much more severe when the moving or mobile head struck a fixed object as
compared when the head is fixed and struck by a hard object moving.

2. Open Wound There is a breach of continuity of the skin or mucous membrane.

a. Abrasion-Scratch, Graze and Friction Mark It is an injury characterized by the
removal of the superficial epithelial layer of the skin caused by a rub or friction against a hard
rough surface. Whenever, there is forcible contact before friction occurs. The shape varies
and the raw surface exudes blood and lymph which later dries and forms a protective covering
known as scab or crust.
b. Incised Wound-Cut, Slash or Slice This is produced by a sharp-edged-cutting or
sharp-linear edge of the instrument, like a knife, razor, bolo, edge of oyster shell, metal sheet,
glass, etc. It may be an impact cut when there is forcible contact of the cutting instrument
with the body surface, or slice cut when cutting injury is due to the pressure accompanied
with movement of the instrument.
Wound may be Directly Fatal by Reason of:
a. Hemorrhage An incised wound at the lateral aspect of the neck involving the
carotid artery without surgical interventions is fatal due to hemorrhage. While wounds
in some areas of the body where big blood vessels are not present and the reaction of
tissue are strong, death will not be a consequence due to hemorrhage in the absence
of complication that may set it.
b. Mechanical Injuries on the Vital Organs A blow on the head may not necessarily
produced external lesions, but may produce severe meningeal hemorrhage producing
compression of the brain. A punctured wound of the heart, may produce death on account of
the tamponade of the heart.

Complications of Trauma or Injury

Hereunder are complications of trauma or injury:
1. Shock. Shock is the disturbance of fluid balance resulting to peripheral deficiency which is
manifested by the decreased volume of blood, and reduced volume of flow, hemo
concentration and renal deficiency.
2. Hemorrhage. Hemorrhage is the extravasation or loss of blood from the circulation
brought about by wounds in the cardio-vascular system. Its degree depends upon the size,
kind and location of the blood vessel cut.
3. Infection. Infection is the appearance, growth and development of micro- organisms at
the site of injury.
4. Embolism This is a condition in which foreign matters are introduced in the blood stream
causing sudden block to the blood flow in the finer arterioles and capillaries.

PART IV. HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and circumstances
surrounding the death of a person which is expected to be unlawful.
Primary Job of the Investigator
1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference
between a murderer being convicted and set free.
3. If he interprets a criminal death as accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal
justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind
him. It is important that competent personnel adequately handle the case.
Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon are to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

Title 8 Crimes Against Persons (Destruction of Life)

Art. 246. Parricide Committed by any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse.

Elements:
1. A person is killed.
2. The deceased is killed by the accused.
3. The deceased is related to the offender as:
 Legitimate or illegitimate spouse.
 Legitimate or illegitimate parent.
 Legitimate or illegitimate child.
 Any legitimate or illegitimate ascendant or descendant.
Penalty: Reclusion perpetua to death (if no aggravating circumstances).

Art. 248. Murder

Definition:
 Murder is the unlawful killing of a person with qualifying circumstances.

Elements:
1. A person is killed.
2. The killing is attended by at least one of the following qualifying circumstances:
 Treachery (alevosia).
 Premeditation.
  Cruelty.
 Use of poison.
 Other qualifying circumstances defined by law.
3. The killing is not parricide or infanticide.

Penalty:
 Reclusion perpetua to death.
Key Points:
 Treachery requires a deliberate and conscious adoption of means to ensure the
killing without risk to the offender.
 Premeditation must be proven by:
1. Time for reflection.
2. Deliberate intent to kill.
3. Actual execution.

Art. 249. Homicide

Definition:
 Homicide is the unlawful killing of a person without any of the qualifying circumstances
for murder or the specific relationships for parricide.

Elements:
1. A person is killed.
2. The killing is not attended by any qualifying or exempting circumstance.
3. The accused has the intent to kill (animus interficendi).

Penalty:
Reclusion temporal (12 years and 1 day to 20 years).

Note: Distinction from murder rests on the absence of qualifying circumstances.

Art. 255. Infanticide
Definition:
Infanticide is the killing of a child less than three (3) days old.

Elements:
1. The victim is a child less than 72 hours old.
2. The accused caused the death.
Penalty: Same as parricide or murder, depending on circumstances.

Art. 256-259. Abortion

Types of Abortion:
1. Intentional Abortion (Article 256):
o Performed by the mother or any other person with intent to kill the fetus.
o Penalty: Prision mayor and/or fine.
2. Unintentional Abortion (Article 257):
o Caused by violence but without intent to kill the fetus.
o Penalty: Prision correccional (6 months and 1 day to 6 years).
3. Abortion by a Physician or Midwife (Article 259):
o Performed by a professional, with or without the mother’s consent.
o Penalty: Prision mayor and professional disqualification.

Art. 262-266. Physical Injuries

Categories:
1. Serious Physical Injuries (Article 263):
 o Injuries incapacitating the victim for labor or requiring medical attention for
more than 30 days.
o Penalty: Prision correccional to prision mayor.
2. Less Serious Physical Injuries (Article 265):
o Incapacitation for labor for 10 to 30 days.
o Penalty: Arresto mayor.
3. Slight Physical Injuries (Article 266):
o Incapacitation for labor for 1 to 9 days or minor injuries not requiring medical
attention.
o Penalty: Arresto menor (1 to 30 days).

Art. 266-A to 266-B. Rape

Definition: Rape involves non-consensual sexual intercourse through force, intimidation, or
when the victim is incapable of giving consent.

Elements:
1. Sexual intercourse or penetration.
2. Without the victim's consent.
3. With aggravating circumstances:
o Use of weapons.
o Victim under 12 years old.
Penalty: Reclusion perpetua to death.

Latest Amendment of the Anti-Rape Law:

An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining the Commission of Statutory Rape
(R.A. No. 11648)

Overview
Republic Act No. 11648, signed into law on March 4, 2022, represents a significant step in
protecting children from sexual abuse and exploitation in the Philippines. This law amends
key provisions of the Revised Penal Code (RPC) and the Special Protection of Children Against
Abuse, Exploitation, and Discrimination Act (R.A. No. 7610). The principal aim is to provide
stronger protection against sexual violence, particularly statutory rape, by increasing the age
of sexual consent and aligning the country's laws with international standards for child
protection.

Key Provisions of R.A. No. 11648

1. Increase in the Age of Sexual Consent
 The age for determining statutory rape has been raised from 12 years old to 16 years
old.
 Under this law, any sexual activity with a child below 16 years old, regardless of
consent, is considered statutory rape unless the accused falls under the "close-in-age
exemption" (discussed below).
2. Close-in-Age Exemption
  To prevent the criminalization of consensual relationships between minors close in age,
R.A. No. 11648 includes a close-in-age exemption:
o Sexual activity between a minor (aged 13-15) and a partner who is not more
than 3 years older is not automatically considered statutory rape, provided that
the relationship is consensual, non-exploitative, and non-abusive.
o This exemption does not apply if the older party is in a position of authority,
trust, or influence over the minor, such as a guardian, teacher, or relative.
3. Reinforcement of Special Laws
 The amendments bolster the existing provisions of R.A. No. 7610 and the Anti-Rape
Law (R.A. No. 8353) by clarifying the penalties for rape and acts of sexual exploitation
involving minors.
 Acts of lasciviousness committed against minors below 16 years of age carry heavier
penalties.
4. Clarifications on Rape of Minors
 The new law ensures that sexual intercourse or acts performed against minors under
16 years old, regardless of their willingness or consent, constitutes rape. This aims to
eliminate ambiguities and close loopholes in interpreting statutory rape cases.
5. Penalties
 Statutory rape carries the penalty of reclusion perpetua (20-40 years imprisonment)
without eligibility for parole.
 Higher penalties may be imposed if aggravating circumstances are present, such as:
o The offender is a parent, ascendant, guardian, or person in a position of
authority over the child.
o The act was committed with the use of force, threat, or intimidation.
o The victim was rendered unconscious or incapacitated.
6. Expanded Protections Under R.A. No. 7610
 The new law integrates and aligns with R.A. No. 7610 by emphasizing protection
against child sexual exploitation, trafficking, prostitution, and other acts of abuse.
 Schools, government institutions, and private organizations are mandated to adopt
policies and programs aimed at preventing child abuse and exploitation.
7. Gender-Neutral Language
 R.A. No. 11648 adopts a gender-neutral approach, recognizing that both male and
female minors can be victims of statutory rape and other forms of sexual exploitation.

Anti-Hazing Act of 2018 (R.A. No. 8049, as amended by R.A. No. 11053)

I. Overview and Purpose

The Anti-Hazing Act of 2018 (Republic Act No. 11053) is a comprehensive amendment to the
original Anti-Hazing Act of 1995 (Republic Act No. 8049). It aims to prevent hazing and other
forms of initiation rites in fraternities, sororities, and similar organizations, ensuring
accountability for those who engage in such acts. The law reflects the government's
heightened response to hazing-related deaths and injuries.

II. Key Definitions

1. Hazing:
o Any physical or psychological suffering, harm, or injury inflicted on a recruit,
neophyte, applicant, or member as part of an initiation rite or practice.
o Includes physical beatings, acts of humiliation, forced consumption of
substances, exposure to extreme weather, and activities causing psychological
stress.
o Excludes physical, mental, and psychological testing required by schools, the
military, and law enforcement training institutions.
 2. Initiation Rites:
o Ceremonial practices or traditions for admitting new members into an
organization.
o Permitted only if the organization complies with strict regulatory and procedural
requirements.
III. Scope of Coverage
The law applies to:
 Fraternities, sororities, organizations, and similar groups in schools.
 Community-based organizations, including those affiliated with schools or not.
 Civic organizations, scouting organizations, and armed forces organizations.
IV. Prohibited Acts
1. All forms of hazing are prohibited, including acts that:
 Cause physical or psychological harm.
 Humiliate or degrade.
 Are conducted under the guise of initiation, regardless of consent.
2. Hazing resulting in death, rape, sodomy, or mutilation is treated as heinous and
subject to severe penalties.
V. Preventive Measures
1. Registration of Organizations:
 All school-based fraternities, sororities, and organizations must register with their
respective schools.
 A list of officers, members, and advisers must be submitted.
2. Prior Notice and Approval:
 Initiation rites must be filed and approved by school authorities at least seven (7)
days in advance.
 A written application with a detailed schedule and plan must be submitted.
 No hazing should occur within these rites.
3. School Monitoring:
 School authorities are required to assign representatives to monitor the initiation
rites.
 Representatives must ensure compliance with the Anti-Hazing Act.
VI. Accountability and Liability
1. Participants:
 Direct participants in hazing are criminally liable.
 Even non-participants may be liable if they facilitated or were present during the
commission of hazing.
2. Officers and Members:
 Officers or members of the organization who planned, allowed, or failed to prevent
hazing are equally liable.
3. School Officials:
 School officials, faculty members, or administrators who allowed or failed to take
action against hazing activities are liable.
4. Parents:
 Parents who consent to hazing activities conducted on their property are also held
accountable.
VII. Penalties
1. Reclusion Perpetua and Fine:
 For hazing resulting in death, rape, sodomy, or mutilation.
 Fine: P3 million.
2. Graduated Penalties:
 For hazing causing physical injuries or psychological harm:
o Serious Physical Injuries: Reclusion temporal and a fine of P1 million.
o Less Serious Injuries: Prision correccional and a fine of P500,000.
 o Other Harm: Arresto mayor and a fine of P100,000.
3. Accessory Penalties:
 Disqualification from public office and professional practice.
 Civil liabilities for damages caused.
VIII. Exceptions and Exclusions
 Legitimate activities such as scouting, military training, law enforcement, and other
state-sanctioned tests are not considered hazing.
 Organizations with established bylaws promoting safety and respect for human rights
are encouraged to comply fully with this law.
IX. Institutional Responsibilities
1. Schools:
 Conduct awareness campaigns about the law and the dangers of hazing.
 Implement programs and activities to prevent hazing.
 Develop grievance mechanisms and provide support to victims.
2. Local Government Units:
 Monitor community-based organizations for compliance.
3. Law Enforcement:
 Investigate and prosecute violators promptly.
 Ensure protective measures for witnesses and whistleblowers.