GOLITOD, RUDYN LYRA S.

LL.B-3
FINAL EXAMINATIONS IN LEGAL MEDICINE

1. (a) What is Legal Medicine and what is its importance in the practice of
law? (5 points)

ANSWER:

Legal medicine is the application of medical knowledge in relation to existing laws. It

is the presentation of a medical practitioner’s knowledge and opinion in order to support the
claims of opposing parties in litigation.

(b) How is legal medicine relevant in the handing of cases? Illustrate using
a particular legal case. (10 points)

ANSWER:

Legal medicine is relevant in the handling of cases because it establishes certain

facts which are beyond the scope of layman’s knowledge. For example is the determination
of whether or not there is really a medical negligence committed by a certain physician
towards his or her patient.
In the case of Dr. Fernando Solidum v. People, G.R. No. 192123, March 10, 2014,
the Supreme Court acquitted Dr. Solidum when the doctrine of res ipsa loquitor was
rendered inapplicable in the said case. The Supreme Courts favored the testimonies of Dr.
Antonio Vertido, a Senior Medico-Legal Officer of the National Bureau of Investigation telling
that that there was no overdose of the anesthetic agent. The prosecution wasn’t able to
overcome the expert’s testimony, thus, Dr. Solidum was pronounced not guilty of medical
malpractice.

2. (a) What is the importance of determining the kinds of physical injuries as

defined under the Revised Penal Code in the filing of a case? (5 points)

ANSWER:

The importance of determining the kinds of physical injuries as defined under the
Revised Penal Code in the filing of a case are:
a. To establish the guilt beyond reasonable doubt. In the case of People of the
Philippines v. Yadao, G.R. No. 15091, September 27, 2006, the Supreme Court
 held that “To make an offender liable for the death of the victim, it must be proven
that the death is the natural consequence of the physical injuries inflicted. If the
physical injury is not the proximate cause of death of the victim, then the offender
cannot be held liable for such death.”

b. To aid in determining whether the act was executed with malice or it is a pure
accident thereby identifying it whether it is an attempted or frustrated. In the case
of People of the Philippines v. Serrano, G.R. No. 175023, July 5, 2010, the
Supreme Court reiterated the decision in the case of People v. Matyaong, saying:
“In considering the extent of injury done, account must be taken of the injury to
the function of the various organs, and also the danger to life. A division into
mortal and non-mortal wounds, if it could be made, would be very desirable; but
the unexpected complications and the various extraneous cause which give
gravity to the simplest cases, and, on the other hand, the favorable termination of
some injuries apparently the most dangerous, render any such classification
impracticable. The general classification into slight, severe, dangerous, and
mortal wounds may be used, but the possibility of the slight wound terminating
with the loss of the person’s life, and the apparently mortal ending with only a
slight impairment of some function, must always be kept in mind. x x x The
danger to life of any wound is dependent upon a number of factors: the extent of
the injury, the form of the wound, the region of the body affected, the blood
vessels, nerves, or organs involved, the entrance of disease-producing bacteria
or other organisms into the wound, the age and constitution of the person injured,
and the opportunities for administering proper surgical treatment.

(b) Enumerate & differentiate the various kinds of wounds. (5 points)

ANSWER:

The kinds of wounds are the following:

a. Cuts which are less hazardous and less likely to be inflamed;

b. Punctures which are caused by pointed weapons thrust into a person’s
body;
c. Bruises which are caused by blunt force hitting a soft part of the body;
d. Gun-shots which are caused by a bullet’s contact with a person’s body.
e. Fractures which are caused by blunt force that resulted to snapping of a
person’s bone.
f. Burns which are cause by heat.
 g. Hacks which are caused by intentionally wielding a sharp object to a
person’s body.

(c) Enumerate & differentiate the various kinds of injuries that may be
testified to by a non-lawyer. (10 points)

ANSWER:

The various kinds of injuries that may be testified by a non-medical practitioner are
those fall under the doctrine of res ipsa loquitor which are:
a. bruises which are discoloration of the skin caused by blunt force coming in
contact with a soft part of the body;
b. salient fracture which is the snapping of a person’s bone due to a blunt force
applied to that part of the body;
c. burn which is a wound caused by a heat coming in contact with a person’s body;
d. cuts which are a noticeable incisions in the person’s body.
e. Gunshots which are caused by bullet hitting a body.

(d) How is the cause of death determined in a criminal case? (5 points)

ANSWER:

In the case of People of the Philippines v. Villacorta, G.R. No. 186412, September 7,
2011, the Supreme Court defined the Proximate cause as “that cause, which, in natural and
continuous sequence, unbroken by any efficient intervening cause, produces the injury, and
without which the result would not have occurred. “Also, in the case of Urbano v.
Intermediate Appellate Court, it reiterated the decision in the case of People v. Rellin, 77
Phil. 1038, whereby it ruled that “The rule is that the death of the victim must be the direct,
natural, and logical consequence of the wounds inflicted upon him by the accused. (People
v. Cardenas, supra) And since we are dealing with a criminal conviction, the proof that the
accused caused the victim's death must convince a rational mind beyond reasonable doubt.
The medical findings, however, lead us to a distinct possibility that the infection of the
wound by tetanus was an efficient intervening cause later or between the time Javier was
wounded to the time of his death. The infection was, therefore, distinct and foreign to the
crime.
Based on the foregoing cases, the cause of death will be determined by answering
the question of whether or not the act of the accused is the proximate cause of the victim’s
death.
 (e) Enumerate and elaborate what are the types of death. (10 points)

ANSWER:

The following are the types of death:

a. Natural death which is caused by a body’s refusal to function normally;

b. Suicide which is the taking of one’s own life;
c. Accidental death which is a death without an intention to commit it or usually
called as misadventure death;
d. Homicide which is the taking of one’s life by another without premeditation; and
e. Murder which is a taking of one’s life by another person with the intent to kill.

3. (a) Is a medical examination and a medical certificate required before a

case of rape can be filed by the complainant? Elaborate. (10 points)

ANSWER:

No. in the case of People v. Pareja, G.R. No. 202122, January 15, 2014, the
Supreme Court held that an accused can be convicted of rape on the basis of the sole
testimony of the victim. It reiterated its decision in the case of People v. Colorado which it
held that medical certificate is not necessary to prove the commission of rape, as even a
medical examination of the victim is not indispensable in a prosecution for rape. Expert
testimony is merely corroborative in character and not essential to conviction. It added that
“the recognized rule in this jurisdiction is that the "assessment of the credibility of witnesses
is a domain best left to the trial court judge because of his unique opportunity to observe
their deportment and demeanor on the witness stand; a vantage point denied appellate
courts-and when his findings have been affirmed by the Court of Appeals, these are
generally binding and conclusive upon this Court."
The court even cited in the case of People v. Saludo wherein it held that rape is a
painful experience which is oftentimes not remembered in detail. For such an offense is not
analogous to a person’s achievement or accomplishment as to be worth recalling or reliving;
rather, it is something which causes deep psychological wounds and casts a stigma upon
the victim, scarring her psyche for life and which her conscious and subconscious mind
would opt to forget. Thus, a rape victim cannot be expected to mechanically keep and then
give an accurate account of the traumatic and horrifying experience she had undergone.
Thus, even if there is no medical examination or medical certificate, if the victim can
be able to recall the event and the prosecution can prove that their witness is a credible
person, then the case of rape can be filed.
 (b) What is the relevance of DNA testing in legal cases? (5 points)

ANSWER:

The DNA testing is relevant in cases of rape. In the case of Vallejo v. People of the
Philippines, the Supreme Court held that the DNA profile from the vaginal swabs taken from
the rape victim matched the accused’s DNA profile. Thus, the Court convicted Vallejo and
sentenced him to death. As to paternity cases, the DNA testing can be accepted as an
evidence of paternity. If the value of W is less than 99.9%, the results of the DNA analysis
should be considered as corroborative evidence but if the value of W is 99.9% or higher,
then there is refutable presumption of paternity.

4. (a) Explain the doctrine of res ipsa loquitor in a negligence case. (5 points)

ANSWER:

The doctrine of res ipsa loquitor refers to salient injuries that a person had acquired
or suffered due to another person’s negligence. It does not need any expert testimony. It is
a type of injury that even a layman can say that is negligence committed.

(b) What is the nature of a malpractice suit? Explain. (5 points)

ANSWER:

In the case of Layugan v. Intermediate Appellate Court, the Supreme Court held that
medical malpractice suits are based on the claim under Quasi-delict. The claimant should
prove to the court that the medical practitioner failed to observe the degree of care,
precaution, and vigilance which the circumstance justly demands thereby causing injury to
another.

(c) Elaborate on the doctrine of captain of the ship in surgical operations. (5

points)

ANSWER:

In the case of Professional Services, Inc., v Agana, G.R. No. 12629, January 31,
2007, under the Captain of the Ship rule, the operating surgeon is the person in complete
charge of the surgery room and all personnel connected with the operation. Their duty is to
obey his orders.
The lead surgeon is liable under this doctrine if under his complete control and
management inside an operating room, an injury had been suffered by a patient undergoing
such operations or even after such procedure and the proximate cause is his negligence or
anyone under his control.

5. (a) According to Deborah D. Kuchler, a diligent attorney can maximize

his/her possibility of prevailing on the basis of the expert’s testimony
alone , if the attorney cautiously adheres to the four-step process for the
direct examination of witnesses: (1) qualifying the expert; (2) establishing a
basis for his/her opinion; (3) eliciting the opinion; and (4) explaining the
opinion. When eliciting the expert’s opinion, explain why the lawyer is not
encouraged to ask the expert, ‘What happened next?’(10 points)

ANSWER:

In the discussion of Deborah Kuchler, she discourages the lawyers to ask “what
happened next?” because there is a tendency that the expert witness will give lengthy
exegesis. She said that it is better if the lawyer will ask a question that the jury needs to
know the answer or likely answer to the question before the expert actually respond. If the
jury answers or would likely to know the answer, it cements to their minds the lawyer’s
arguments without relying on the expert’s credibility. Also, through this method, the jurors
are not forced to take in the whole developed testimony because they had the tendency to
fade-in and to fade-out.

(b) How do courts in our jurisdiction view expert witnesses? (5 points)

ANSWER:

In the case of Castillo v. Republic, G.R. No. 214064, February 06, 2017, the
Supreme Court held that the presentation of expert proof in cases for declaration of nullity of
marriage based on psychological incapacity presupposes a thorough and an in-depth
assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a
grave, severe and incurable presence of psychological incapacity. The probative force of
the testimony of an expert does not lie in a mere statement of her theory or opinion, but
rather in the assistance that she can render to the courts in showing the facts that serve as
a basis for her criterion and the reasons upon which the logic of her conclusion is founded.
 (c) If you were the prosecutor in a rape case, will you present a medico-
legal expert? Explain. (10 points)

ANSWER:
No. In the case of People v. Colorado, the Supreme Court held that medical
certificate is not necessary to prove the commission of rape, as even a medical examination
of the victim is not indispensable in a prosecution for rape. Expert testimony is merely
corroborative in character and not essential to conviction.”

Therefore as a prosecutor, I am not opting to present medico-legal experts because

his credibility and the procedures that he had performed to establish a fact can be easily
attacked by the defense lawyer of the opposing party. Even a slight deviation from his usual
practice can create a doubt which can result from a dismissal of my case.
c. If the case was for medical malpractice, will your answer be different?
Elaborate. (10 points)

ANSWER:
Yes. Unless the Doctrine of res ipsa loquitor applies, it is better to ask the assistance
of medico-legal in order to establish the preponderance of evidence needed in quasi-delict
cases.
In quasi-delict cases, you only need to establish a fact that the medical practitioner
failed to observe the degree of care, precaution, and vigilance which the circumstance justly
demands thereby causing injury to another.
The field of medicine is highly technical that only those practitioners of such field can
be the best witnesses against their colleagues. You only need to be careful in choosing your
expert witness. He should really belong to that field and an expert thereof.

-END OF FINAL EXAMINATION -

“ The only difference between doctors and lawyers is that lawyers merely rob you,
whereas doctors rob you and kill you, too.” Anton Chekov