Garcia, Althea Angela M. Legal Medicine Dr. Antonio Vertido I. True or False

GARCIA, ALTHEA ANGELA M.
LEGAL MEDICINE
DR. ANTONIO VERTIDO
I. TRUE OR FALSE
1. False
2. False
3. False
4. True
5. True
6. False
7. True
8. False
9. True
10. False
II. ESSAY
1. Strangulation is defined as asphyxia by closure of the blood vessels and/ or air passages of the neck as a
result of external pressure on the neck. It is subdivided into three main categories: hanging, ligature
strangulation and manual strangulation.
Asphyxia by hanging is the condition in which there is interference in the uptake or release of Oxygen thereby
leading to failure to eliminate Carbon Dioxide which is caused by suspension of the body by a ligature which
encircles the neck, the constricting force being the weight of the body.
2. The Anti-Rape Law of 1997 redefines rape as
 A Crime Against Person

Rape violates a woman’s well being and not just her virginity or purity. The law considers that any woman,
whether a prostituted woman, non-virgin or one who has an active sexual life may be victimized by rape.
 A Public Offense
By declaring that rape is a crime against persons, the law no longer considers it as a private crime. Anyone
who has knowledge of the crime may file a case on the victim’s behalf. Prosecution continues even if the
victim drops the case or pardons the offender.
What constitutes rape?

Rape is committed under the following circumstances:
a. A man has sexual intercourse with a woman:

 through force, threat or intimidation;
 when the victim is deprived of reason or is unconscious;
 through fraudulent machination or grave abuse of authority; and
 when the victim is under 12 years of age or is demented, even if none of the above conditions are
present.
b. Any person who, under any of the above conditions, commits an act of sexual assault through oral or anal
sex or by inserting an instrument or object into the anal or genital orifice of another person.
Who can be a rape victim?

Anyone can be a rape victim but the incidence is more rampant in women and girls.
Who can commit rape?

Any man or woman may be held liable for rape. It is possible that a man may rape his own wife, an act
deemed as “marital rape.” The penalty for rape in general may apply on the offender who commits marital
rape.
How is the crime punished?

The penalty varies depending on the act itself and the circumstances surrounding it.
 Reclusion perpetua is imprisonment from 20 to 40 years. It is imposed on the offender if rape is

committed through sexual intercourse.
 Prision mayor is imprisonment from six to 12 years. It is imposed on the offender if rape was
committed through oral or anal sex or through the use of any object or instrument that was inserted
into the mouth or anal orifice of the woman or a man. This may also be elevated to reclusion temporal
(imprisonment from 12 to 20 years) or reclusion perpetua depending on the circumjstances
surrounding the crime.
3. Medical malpractice is a legal cause of action that occurs when a medical or health care professional
deviates from standards in his or her profession, thereby causing injury to a patient.
Negligence is a failure to exercise the appropriate and or ethical ruled care expected to be exercised amongst
specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as
a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that
people should exercise reasonable care in their actions, by taking account of the potential harm that they
might foreseeably cause to other people or property.
Simple imprudence is a mere lack of prevision in a situation where either the threatened harm is not
immediate or the danger is not openly visible. The following is cited in Viada as a case of simple imprudence:
A man goes hunting and raises his gun to shoot at a bird. Upon lowering the gun without firing, he negligently
fails to lower the hammer; and while the gun is being thus carried cocked, it is accidentally discharged with
the result that a person casually in range of the gun is wounded. As will be seen in this case, although there
is imprudence on the part of the hunter, there is not a conscious advertence to the danger to which the other
person is being subjected. The elements of simple imprudence are (1) that there is lack of precaution on the
part of the offender; and (2) that the damage impending to be caused is not immediate or the danger is not
clearly manifest.
4. The identification of human remains is of paramount importance in medico-legal investigations. The

forensic identification of human remains is a legal determination based on the scientific matching of
information on missing persons with unidentified human remains. Identification requires a holistic approach
that takes into consideration all available scientific and contextual evidence. The following are the methods
of identification:
a. Visual Identification
Visual identification usually depends on a relative of the decedent recognizing the decedent. It includes
identification of birthmarks, moles or tattoos.
b. Fingerprint Identification
One of the most reliable and useful scientific identification methods is fingerprint comparison. In some offices,
fingerprint cards are made (if possible) for everybody coming to the morgue. No two fingerprints have ever
been shown to be identical, and as such, each individual’s fingerprints are unique, to the exclusion of all other
persons.
c. Dental Identification
This method is particularly useful for decedents who are not visually identifiable and are not able to be
identified by fingerprint comparison, such as occurs with severe decomposition and severely burnt bodies.
Like fingerprint comparison, dental identification requires a pre-existing dental record. This is referred to as
the “antemortem” (before death) record.
d. Radiologic Identification
X-rays of many different parts of the body may prove to be valuable in making a positive identification.
Particularly useful are antemortem neck or chest X-rays, where the unique shapes of the spinous processes
can be matched with postmortem X-rays. Other useful X-rays include the head (showing the unique shapes
of the frontal sinuses) and any that show orthopedic (bone) “hardware” (implanted devices, such as screws
and plates and artificial joints).
e. DNA Identification
The most recent scientific method for identification involves DNA testing. DNA testing can occur when a
known antemortem DNA sample exists and can be obtained for testing. Items such as toothbrushes and
hairbrushes can be useful in providing antemortem samples.
5. When a report about child abuse is received, the concerned agencies shall undertake actions
corresponding to their mandates and in cooperation with other agencies to effectively implement RA 7610
and other child-related laws. As an investigator or counsel, I will file a criminal and civil legal action in courts.
When investigation discloses sexual abuse, serious physical injury, or life-threatening neglect, the LSWDO
social worker, with the assistance of the LEA and/or barangay, shall immediately remove the child from the
home or the establishment where the child was found and must place the child under protective custody to
ensure the child’s safety. In all cases, the child shall be immediately referred to a WCPU or hospital for
medical evaluation and/ or medico-legal examination. A joint interview by the social worker and the LEO is
advisable to avoid repeated interviews that would re-traumatize the child. If a complaint has already been
made, it is advisable for the social worker and the LEO to conduct a joint interview. A multi-disciplinary case
conference is a good venue to gather all professionals such as the social worker, doctor, police, and
representatives of the temporary shelter or foster home directly involved in handing a child who is, or is
believed to be, a victim of child abuse and the child’s family. Other disciplines such as a mental health
professional and a lawyer, if available and involved, may also be invited. This is a good opportunity to analyze
issues pertinent to a child victim and come up with an inter-agency plan and recommendation for the child
and the family.

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GARCIA, ALTHEA ANGELA M.

2. The Anti-Rape Law of 1997 redefines rape as

 A Crime Against Person

What constitutes rape?

a. A man has sexual intercourse with a woman:

Who can be a rape victim?

Who can commit rape?

How is the crime punished?

 Reclusion perpetua is imprisonment from 20 to 40 years. It is imposed on the offender if rape is

4. The identification of human remains is of paramount importance in medico-legal investigations. The

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