[LEGAL MEDICINE] Grace M.
Cabadonga
CHAPTER 1
GENERAL CONSIDERATION
Legal medicine
- is a branch of medicine which deal with
the application of medical knowledge to
the purposes of law and in the
administration of justice. It is the
application of basic and clinical, medical
and paramedical sciences to elucidate
legal matters.
- Is primarily the application of medicine to
legal cases.
Forensic medicine
- Concerns with the application of medical
sciences to elucidate legal problems.
Medical jurisprudence
- denotes knowledge of law in relation to
the practice of medicine. It concerns with
the study of rights, duties, and obligations
of a medical practitioner with particular
reference to those arising from doctor-
patient relationship
NOTE: a physician who specializes or is involved
primarily with medico-legal duties is known as
medical jurist (medical examiner, medico-legal
officer, medico-legal expert)
BRANCHES OF LAW WHERE LEGAL MEDICINE
MAY BE APPLIED:
1. CIVIL LAW- mass of precepts that determines
and regulates the relation of assistance,
authority, and obedience between members
of the family and those which exist among
members of society for the protection of
private interest.
a) determination and termination of civil
liability
b) limitation or restriction of a natural
persons capacity to act
c) marriage and legal separation
d) paternity and filiation
e) testamentary capacity of the person
making a will
2. CRIMINAL LAW- defines crimes, treats of
their nature and provides for their
punishment.
EXCLUSIVE PROPERTY OF PORTIA SORORITY
a) circumstances affecting criminal liability.
b) crimes against person.
c) crimes against chastity.
3. REMEDIAL LAW- deals with the rules
concerning pleadings, practices, and
procedures in all court of the Philippines.
a) physical and mental condition of a person.
b) proceedings for hospitalization of an
insane person and
c) rules on evidence
4. SPECIAL LAWS:
a) Dangerous Drugs Act (RA 6425),
b) Youth and Child Welfare Code (PD 603),
c) Insurance Law (Act 2427),
d) Code of Sanitation (PD 856),
e) Labor Code (PD 442),
f) Employees Compensation Law.
MEDICAL EVIDENCE
Evidence is the means, sanctioned by the
rules of court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
If the means employed to prove a fact is
medical in nature then it becomes a medical
evidence.
TYPES OF MEDICAL EVIDENCE:
1. AUTOPTIC or REAL EVIDENCE
- an evidence made known or addressed to
the senses of the court. Vision, hearing,
taste, smell, and touch.
Limitations:
a) indecency and impropriety
- evidence may be necessary to best
serve the interest of justice but the
notion of decency and delicacy may
cause inhibition of its presentation. Ex.
Presentation of genitals in court
b) repulsive objects and those
offensive to sensibilities
- foul smelling objects, persons suffering
from highly infectious disease or
objects when touch may mean
potential danger to the life and health
of the judge.
- This will depend upon the discretion of
the court.
 [LEGAL MEDICINE]
2. TESTIMONIAL EVIDENCE
- a physician may be commanded to appear
before a court to give his testimony. He
may be an ordinary witness or an
expert witness
3. EXPERIMENTAL EVIDENCE
- a medical witness may be allowed by the
court to confirm his allegation or as a
corroborated proof to an opinion he
previously stated.
4. DOCUMENTARY EVIDENCE
- a document is an instrument which is
recorded by means of letters, figures, or
marks intended to be used for the purpose
of recording that matter which may be
evidentially used.
5. PHYSICAL EVIDENCE
- these are articles and materials which are
found in connection with the investigation
and which aid in establishing the identity
of the perpetrator or the circumstances
under which the crime was committed, or
in general assist in the prosecution of the
criminal.
Types of Physical Evidence:
a. Corpus Delicti Evidence- objects or
substances which may be a part of the
body of the crime.
b. Associative evidence- physical
evidences which link a suspect to the
crime.
c. Tracing evidence- physical evidences
which may assist the investigators in
locating the suspect.
Kinds of Evidence Necessary for Conviction:
1. Direct evidence
- That which proves the fact in dispute
without the aid of any inference or
presumption.
- The evidence presented corresponds to
the precise or actual point at issue.
2. Circumstantial evidence
- Proof of facts from which, taken either
singly or collectively, the existence of a
particular fact in dispute may be inferred
as a necessary or probable consequence.
CHAPTER 2
EXCLUSIVE PROPERTY OF PORTIA SORORITY
Grace M. Cabadonga
DECEPTION DETECTION
METHODS OF DECEPTION DETECTION:
1 Devices which record the psycho-
physiological response:
a. Use of polygraph or a lie detector
machine.
b. Use of the word association test
c. Use of the psychological stress
evaluator
2 USE OF DRUGS THAT TRY TO INHIBIT
THE INHIBITOR
A Administration of the truth serum
B Narcoanalysis or narcosynthesis
C Intoxication
3 Hypnotism-
4 By observation
5 Scientific interrogation
6 Confession
Extrajudicial confession:
- Made outside the court prior to the trial of
the case.
a Voluntary- when the accused speaks
in his free will and accord.
b Involuntary- obtained through force,
threat, intimidation, duress, or
anything influencing the voluntary act
of the confessor.
I. RECORDING OF THE PSYCHO-
PHYSIOLOGICAL RESPONSE
The automatic nervous system is composed of
two complimentary branch:
a) Sympathetic nervous system
- Will override the parasympathetic when a
person is under the influence of physical
exertion or emotional stimuli.
b) Parasympathetic nervous system
- Dominant branch when the condition is
normal and the subject is calm, contented
and relaxed.
Use of polygraph or a lie detector machine
- a lie detector records physiological
changes that occur in association with
lying in a polygraph. It is the fear of
detection of the subject which allows the
determination.
- The fear of the subject when not telling
the truth activates the sympathetic

nervous system to a series of automatic
and involuntary physiological changes
which are recorded by the instrument.
- The instrument is like
electrocardiogram
electroencephalogram with recording
styles making tracing on moving paper at
the rate of 6 inches per minute.
- The subject cannot be compelled to be
subjected to test without his consent.
- The result of a lie detector test is
inadmissible as evidence in court.
Use of the word association test
- a list of stimulus and non-stimulus words
are to the subject who are instructed to
answer as quickly as possible.
- The test is not concerned with the answer,
be it a YES or NO.
- The important factor is the time of
response in relation to stimulus or non-
stimulus words.
- The subject cannot be compelled to the
test without his consent.
Use of the psychological stress evaluator
(PSE)
- detects, measures, and graphically
displays the voice modulations that we
cannot hear.
- When a person is under stress as when he
is lying, the micro-tremor in the voice
utterance is moderately or completely
suppressed.
- The degree of suppression varied inversely
to the degree psychologic stress in the
speaker.
II. USE OF DRUGS THAT TRY TO INHIBIT
THE INHIBITOR
Administration of the truth serum
- The procedure does not make someone
tell the truth and the thing administered is
not a serum but is actually a drug.
- In the test, hyoscine hydrobromide is
given hypodermically in repeated doses
until a state of delirium is induced. When
proper point is reached, the questioning
begins and the subject feels a compulsion
to answer the questions truthfully.
- Statements taken from the subject while
under the influence of truth serum are
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[LEGAL MEDICINE] Grace M. Cabadonga
evolutionarily obtained hence they are not
admissible as evidence and is seldom
used by law enforcement agencies.
an
or Narcoanalysis or narcosynthesis
- practically the same with truth serum
administration. The only difference is the
drug used. Psychiatric sodium amytal or
sodium penthotal is administered to the
subject.
- The test result is not admissible in court.
Intoxication- (with alcohol)
- The person whose statement is to be
taken is allowed to take alcoholic
beverages to almost intoxication.
- The questioning must start during the
excitatory stage when the subject has the
sensation of his well-being and when his
action, speech and emotion are less
strained.
- When the subject is already in the
depressive state due to the effect of the
alcohol, he will no longer be able to
answer any question.
- Confessions made may be admissible if
the subject is physically capable to
recollect the facts he has uttered after the
effects of the alcohol have disappeared.
III. Hypnosis
- is the alteration of consciousness and
concentration in which the subject
manifests a heightened suggestibility
while awareness is maintained
- deception detection obtained through
hypnosis is not admissible in court.
IV. Observation
- A subject under stress on account of the
stimulation of the sympathetic nervous
system may exhibit changes which may
be used as a potential clue of deception.
V. Scientific Interrogation
- interrogation is the questioning of a
person suspected of having committed an
offense or of persons who are reluctant to
make full disclosure of information in his
possession which is pertinent to the
investigation.
- It may be done on a suspect or witness.
VI. Confession
- is an expressed acknowledgement by the
accused in criminal case of the truth of his
guilt as to the crime charged, or of some
essentials thereof.
 [LEGAL MEDICINE] Grace M. Cabadonga

Admission vs. Confession vital functions without the possibility of

resuscitation.
- Admission refers to the statement of fact 2. Cardio-Respiratory Death
- Confession refers to the statement of guilt - Death occurs when there is a continuous
and persistent cessation of heart action
Physiological & Psychological Signs and and respiration.
Symptoms of Guilt:

1 Sweating
2 Color change
3 Dryness of the mouth
4 Excessive activity of the Adams apple
5 Fidgeting
6 Peculiar feeling inside Brain Death
7 Swearing to the truthfulness of his assertion
8 Spotless past record The following are the characteristics of
9 Inability to look at the investigator straight in
irreversible come:
the eye
10 Not that I remember expression 1. Unreceptivity and unresponsibility
2. No movements or breathing
3. No reflexes
4. Flat electro-encephalogram
CHAPTER IV

MEDICO-LEGAL ASPECTS OF DEATH

Kinds of Death (SMA)
Importance of Death Determination:
CPDDCC
1. Civil personality of a natural person is
extinguished by death;
2. Property of a person is transmitted to his
heirs at the time of death;
3. Death of a partner is one of the causes of
dissolution of partnership agreement;
4. Death of either the principal or agent is a
mode of extinguishment of agency;
5. Criminal liability of a person is
extinguished by death;
6. Civil case for claims does not survive is
dismissed upon death of the defendant.
Death
- is the termination of life. It is the complete
cessation of all the vital functions without
the possibility of resuscitation.
- 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,
Signs of Death
Death may be:
Cessation of Heart Action and Circulation
1. Brain death
- Death occurs when there is deep
irreversible coma, absence of electrical
brain activity and complete cessation of all
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 which maintain life
and health.
2. Molecular or Cellular Death
- After the vital functions of the body has
ceased, there is still life among individual
cells;
- This is evidence by the presence of
excitability of muscles and ciliary
movements and other functions of
individual cells.
- About 3-6 hours later, there is death of
individual cells.
3. Apparent Death or State of
Suspended Animation
- This condition is not really death but
merely a temporary cessation of the heart,
brain and lungs on account of disease,
external stimulus or other forms of
influence.
- There must be an entire and continuous
cessation of the heart action and flow of
blood in the whole vascular system.

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Methods of Detecting the Cessation
Heart Action and Circulation
1. Examination of the heart
a. Palpation of the pulse
b. Auscultation for the heart sound at the
precordial area (thus the use of
stethoscope)
c. Fluoroscopic examination (will reveal
the shadow of the heart in its rhythmic
contraction and relaxation)
d. By the use of Electrocardiograph (ECG)
2. Examination of the Peripheral
Circulation
a. Magnus Test (ligature is applied around
the base of a finger with moderate
tightness) Alive: bloodless. Dead: no
change in color.
b. Opening of small artery
c. Icards Test (injection of a solution of
fluorescein subcutaneously; dye) Alive:
whole skin will have a greenish-yellow
discoloration. Dead: solution will just
remain at the site of the injection.
d. Pressure on the Fingernails
e. Diaphanous Test (fingers are spread wide
and the finger webs are viewed through a
strong light) Alive : red. Dead: yellow
f. Application of Heat on the skin
g. Palpation of the radial pulse
h. Dropping of melted wax.
Cessation of Respiration to be considered as
a sign of it must be continuous and persistent
Methods of Detecting Cessation
Respiration:
1. Expose the chest and the abdomen and
observe the movement during inspiration
and expiration
2. Examine the person with the aid of a
stethoscope
3. Examination with a mirror (hold cold-
looking glass in front of mouth and
nostrils)
4. Examination with a feather or cotton fiber
(place fine feather or strip of cotton in
front of the lips and nostrils)
5. Examination with a glass of water (place
glass half full of water at chest. If water is
stable and smooth, there is no respiration)
6. Winslows Test (no movement of the image
formed by reflecting artificial or sun light
on the water or mercury contained in a
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[LEGAL MEDICINE] Grace M. Cabadonga
of saucer and placed on the chest if
respiration is not taking place)
Cooling of the Body (ALGOR MORTIS) after
death the metabolic process inside the body
ceases. No more heat is produced but the body
slowly loses its temperature by evaporation or by
conduction to the surrounding atmosphere.
Changes in the Skin After Death
1. Skin is pale and waxy looking due to the
absence of circulation. The most
dependent portions of the skin will
develop livid discoloration due to the
gravitation of blood.
2. Loss of elasticity of the skin. Application of
pressure with the finger tip will produce
fitting impression like one observed in
edema (port-mortem contact flattening).
3. The skin is opaque due to the absence of
circulation.
4. Application of heat on the skin will not
produce blister or inflammatory reaction.
Changes in the Body Following Death
Changes in the muscle the entire muscular
system is contractile for 3-6 hours after death
and later rigidly sets in. Secondary relaxation of
the muscles will appear just when decomposition
has set in.
Stages:
1. Stage of primary flaccidity (post-
mortem muscular irritability) muscles are
of
still soft. Less than 3 hrs after death.
2. Stage of post-mortem rigidity
(Cadaveric rigidity or RIGOR MORTIS) the
whole body becomes rigid due to the
contraction of the muscles. 3-6 hours after
death and may last from 24-36 hours.
3. Stage of secondary-flaccidity or
commencement of putrefaction (decay
of the muscles) the muscles become flaccid,
no longer capable of responding to mechanical
or electrical stimulus and the reaction becomes
alkaline.
Conditions Simulating Rigor Mortis
1. Heat Stiffening if the dead body is
exposed to temperatures above 75
degrees it will coagulate the muscle
 [LEGAL MEDICINE] Grace M. Cabadonga

proteins and cause the muscles to be by inherent once ensues.

rigid. mechanical power of This flaccidity
2. Cold Stiffening the stiffening of the force contraction is permanent
body may be manifested when the body is till
frozen. decompositio
3. Cadaveric Spasm or Instantaneous n decays the
Rigor this is the instantaneous rigidity of muscles.
the muscles which occurs at the moment
of death due to extreme nervous tension,
exhaustion, injury to the nervous system Kinds of Post-Mortem (Cadaveric) Lividity
or injury to the chest.
1. Hypostatic Lividity blood merely
Distinctions Rigor Mortis Cadaveric gravitates into the most dependent
Spasm portions of the body. This occurs during
Time of 3-6 hours Immediately the early stage of its formation.
Appearance after death after death 2. Diffusion Lividity blood has coagulated
Muscles All the Only certain inside the blood vessels or has diffused
involved muscles in or group of into the tissues of the body. Any change of
the body muscles position will not change the location of
occurence Natural May or may lividity. This occurs during the later stage
phenomena not appear at of its formation.
which occurs time of death
after death Importance of Cadaveric Lividity
Medico-legal Approximate Determine
significance time of death the nature of 1. It is one of the signs of death
2. It may determine whether the position of
the crime
the body has been changed after its
appearance in the body
Distinctions Ante- Post- 3. The color of lividity may indicate the cause
Mortem Clot Mortem Clot of death
consistency firm soft 4. It may determine how long the person has
Surface of Raw after the Smooth and been dead
5. It gives us an idea as to the time of death
blood vessel clot is healthy after
removed the clot is Characteristics of Post-Mortem Lividity
removed
Clot Homogenous Can be 1 Occurs in the most extensive area of the
construction so it cannot stripped off most dependent portions of the body
be stripped layers 2 Only involves the superficial layer of the
into layers skin
Clot color With uniform With distinct 3 Does not appear elevated from the rest of
color layer/color the skin
4 Color is uniform but may become greenish
at the start of decomposition
5 No injury of the skin

Distinctions Muscular Rigor Mortis Putrefaction of the Body

Contraction
muscles translucent Loses - It is the breaking down of the complex
transparency proteins into simpler components
& becomes associated with the evolution of foul
opaque smelling gasses and accompanied by the
Reaction to Either neutral Distinctly and change of color of the body.
litmus or slightly constantly
alkaline acid Special Modifications of Putrefaction
Contraction Muscles still Absolute
be overcome possess their flaccidity at
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 [LEGAL MEDICINE]
1. Mummification the dehydration of the
whole body which results in the shivering
and preservation of the body.
Kinds of Mummification:
a. Natural mummification the body
become dehydrated and mummified
which is caused by the forces of nature.
b. Artificial mummification addition of
some body preservatives to inhibit
decomposition and to allow the
evaporation of fluid.
2. Saponification or Adipocere
Formation a condition wherein the fatty
tissues of the body are transformed to
soft, brownish-white substance known as
adipocere.
3. Maceration the softening of the tissues
when in a fuid medium in the absence of
putrefactive microorganism which is
frequently observed in the death of the
fetus in utero. When the fetus dies in
utero, the child is enclosed by the
membrane in sterile condition.
Putrefaction does not take place and the
fetus becomes soft.
Duration of Death
1. Presence of rigor mortis 2 to 3 hours
after death
2. Presence of post-mortem lividity -
develops 3 to 6 hours after death
3. Onset of decomposition 24 to 48
hours after death
4. Stage of decomposition approximate
time of death may be inferred from the
degree of decomposition although it must
be made with extreme caution.
5. Entomology of cadaver approximate
the time of death by the use of the flies
present in the cadaver.
CHAPTER 6
CAUSE OF DEATH
Cause of Death
EXCLUSIVE PROPERTY OF PORTIA SORORITY
Grace M. Cabadonga
- Is the injury, disease or the combination of
both injury or disease responsible for
initiating the trend of physiological
disturbance, brief or prolonged, which
produced the fatal termination.
- It may be immediate or proximate.
2 Cases of Death
11 Immediate (primary) Cause of Death
- Applies to cases when trauma or disease
kill quickly that there is no opportunity for
complication to develop.
12 Proximate (secondary) Cause of Death
- The injury or disease was survived for a
sufficiently prolonged interval which
permitted the development of
complications which actually caused the
death. (hypostatic pneumonia)
Medico-Legal Classification of the Causes of
Death
a Natural death
b Violent death
1. accidental death
2. negligent death
3. infanticidal death
4. parricidal death
5. murder
6. homicidal death
Natural death
- Death caused by a natural disease
condition of the body.
Violent death
- Those due to inflicted in the body by some
forms of outside force.
- The physical injury must be the proximate
cause of death.
Penal Classification of Violent Deaths:
1. Accidental death
- Due to misadventure or accident.
- An accident is something that happens
outside the sway of our will and although
it comes about through some act of will,
lies beyond bound of human foreseeable
consequences.
- In a pure accident death, the person who
causes the death is exempted from
criminal liability.
2. Negligent death
 [LEGAL MEDICINE]
- Due to reckless imprudence, negligence,
lack of foresight or lack of skill.
3. Suicidal death
- Destruction of ones self
4. Parricidal death
- Killing of ones relative
5. Infanticidal death
- Killing of a child less than 3 days old
6. Murder
- Art. 248 RPC
7. Homicidal death
- Killing of a person without the attendance
of the circumstances present in murder
CHAPTER 7
SPECIAL DEATHS
1. Judicial death
2. Euthanasia
3. Suicide
4. Starvation
Euthanasia
- mercy killing or the deliberate and
painless acceleration of death of a person
usually suffering from an incurable and
distressing disease
Types of Euthanasia
1. Active Euthanasia
- Intentional or deliberate application of the
means to shorten the life of a person.
- May be done with or without the consent
or knowledge of a person.
2. Passive Euthanasia
- There is absence of the application of the
means to accelerate death but the natural
course of the disease is allowed to have its
way to extinguish the life of the person.
- The concept of orthothanasia and
dysthanasia was adopted.
a Orthothanasia when an incurably ill
person is allowed to die in natural
death without the application of any
operation or treatment procedure.
b Dysthanasia when there is an
attempt to extend the life span of a
person by the use of extraordinary
treatments without which the patient
would have died earlier.
EXCLUSIVE PROPERTY OF PORTIA SORORITY
Grace M. Cabadonga
CHAPTER 9
MEDICO-LEGAL ASPECTS OF PHYSICAL
INJURIES
Causes of Physical Injuries
1 Physical injuries
2 Heat or cold
3 Electrical energy
4 Chemical energy
5 Radiation by radioactive substances
6 Change of atmosphere pressure
(barotrauma)
7 Infection
Classification of Wounds
1. As to Severity
a. Mortal wound
- Wound which is caused immediately
after infliction or shortly thereafter that
is capable of causing death.
b Non-mortal wound
- Wound which is not capable of
producing death immediately after
infliction or shortly thereafter.
2. As regards to the relation of the site
of the application of force and
location of injury
a. Coup injury
- Physical injury which is located at the
site of the application of force
- Injury is at the front, damage at the
back
b. Contre-Coup injury
- Physical injury found opposite the site
of the application of force.
- Injury at the back, damage at the front
c. Coup Contre-Coup injury
- Physical injury located at the site and
also opposite the site of application of
force.
- Damage is at the front and back
d. Locus Minoris Resistencia
- Physical injuries not located at the site
nor opposite the site of the application
of force but in some areas offering the
least resistance to the force applied.
e. Extensive injury
 [LEGAL MEDICINE]
- Physical injury involving a greater area
of the body beyond the site of the
application of force.
Legal Classification of Physical Injuries
1. Mutillation
- The act of lopping or cutting of any part or
parts of the human body.
KINDS:
a) when a person intentionally mutilate
another by depriving him, either totally
or partially of some essential organ for
reproduction.
b) Intentionally depriving a person of any
part or parts of the human body other
than the organs for reproduction.
2. Serious Physical Injuries
- Any person who shall wound, beat, or
assault another.
3. Less Serious Physical Injuries
- Any person who shall inflict upon another
physical injuries not described in
preceding articles, but which shall
incapacitate the offended party for labor
10 days or more, or shall require medical
attendance for the same period.
4. Slight Physical Injuries and
Maltreatment
- Any person who shall upon the victim
which shall incapacitate the victim for
labor 1-9 days, require medical
attendance for the same period.
5. Physical Injuries Inflicted in a
Tumultuous Affray
- When serious physical injuries are inflicted
upon the participants thereof and the
person responsible cannot be identified.
CHAPTER 21
MEDICO-LEGAL ASPECT OF SEX CRIMES,
VIRGINITY AND DEFLORATION
Virginity
- Is a condition of a female who has not
experienced sexual intercourse and whose
genital organs have not been altered by
carnal connection.
Defloration
EXCLUSIVE PROPERTY OF PORTIA SORORITY
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- Is the laceration or rupture of the hymen
due to sexual intercourse
Kinds of Virginity
1. Moral Virginity
- The state of not knowing the nature of
sexual life and not having experienced
sexual relation.
- Applies to children below the age of
puberty and whose sex organs and
secondary sex characters are not yet
developed.
2. Physical Virginity
- A condition whereby a woman is conscious
of the nature of the sexual life but has not
yet experienced sexual intercourse.
- There are no conclusive medical findings
to show that a woman is physically virgin.
a. True Physical Virginity
- Hymen is intact with the edges
distinct and regular and the
opening small to barely admit the
tip of the smallest finger of the
examiner even if the thighs are
separated.
b. False Physical Virginity
- Hymen is unruptured but the orifice
is wide and elastic to admit two or
more fingers of the examiner with a
lesser degree of resistance.
- The hymen may be laxed and
distensible and may not have
previous sexual relation.
3. Demi-Virginity
- Refers to a condition of a woman who
permit any form of sexual liberties
(embracing, fondling or breasts and other
lascivious acts) as long as they abstain
from rupturing the hymen by sexual act.
- The woman allows sexual intercourse but
only inter-femora or even inter-labia but
not to the extent of rupturing the hymen.
4. Virgo Intacta
- A truly virgin woman.
- There are no structural changes in her
organ to infer previous sexual intercourse
and that she is a virtuous woman.
SEX CRIMES
Rape
 [LEGAL MEDICINE] Grace M. Cabadonga

- Is committed by having carnal knowledge c. Offended party must be a person of either

of a woman under any of the following sex.
circumstances:
a. By using force or intimidation
b. When the woman is deprives of reason or Adultery
otherwise unconscious, and Elements:
c. The woman is under 12 years of age a. The woman is married
b. She has had sexual intercourse with a man
not her husband
c. The man with whom she had sexual
Seduction
intercourse knows her to be married even
if the marriage has subsequently been
- The act of a man enticing woman to have
unlawful intercourse with him by means of declared void.
persuasions, solicitation, promises, or Concubinage
other means without employment of force.
Ways of committing the crime:
a. Keeping a mistress in the conjugal
KINDS:
dwelling
1 Qualified Seduction b. Having sexual intercourse, under
scandalous circumstances, with a woman
a. Ordinary Qualified Sseduction not his wife.
Elements: c. Cohabiting with her in any other place.
1. Offended party must be a virgin
2. Offended party must be over 12 but
under 18 years of age.
3. There must be sexual intercourse CHAPTER 24
between the offender and the offended
party. ABORTION
4. The sexual act was done through
abuse of authority or confidence. Abortion
- Refers to the expulsion of the fetus from
b. Incestuous Qualified Seduction the uterus during the first trimester of
Elements:
pregnancy.
1. Sexual act between offender and
offended party
2. Blood relation between offender and Clinical Types of Abortion
offended party 1. Missed Abortion
- Usually occurs before the 4th month of
pregnancy. Maceration usually follows.
2. Simple Seduction
- Is the seduction of a woman who is single 2. Threatened Abortion
or a widow of good reputation, over 12 but - Hemorrhage without dilation of the
under 18 years of age, committed by internal os. Cervix is open.
means of decent.
3. Inevitable Abortion
- Hemorrhage without dilation of the
Acts of Lasciviousness
internal os and presence of rhythmical
- Acts which tend to excite lust, conduct which pain. Cervix is closed.
is wanton, lewd, voluptuous or lewd emotion.
Elements: 4. Incomplete Abortion
a. Offender commits any act of - Not all the product of conception has
lasciviousness been expelled from the uterus.
b. Lascivious act is done by using force or
5. Complete Abortion
intimidation, or by depriving her of her
- Whole product of conception is
reasons or otherwise unconscious, or the
expelled.
woman is under 12 years of age
6. Habitual Abortion
EXCLUSIVE PROPERTY OF PORTIA SORORITY
 [LEGAL MEDICINE]
- Abort 3 successive times
Therapeutic Abortion
- Purposely done to save the life and/or
health of the mother.
Grounds:
1 Cardio-vascular conditions as
congestive heart failure, auricular
fibrillations, repeated hemoptysis
EXCLUSIVE PROPERTY OF PORTIA SORORITY
Grace M. Cabadonga
2 Renal conditions as chronic nephritis,
previous eclampsla
3 Pulmonary conditions as advanced
tuberculosis
4 Blood conditions as severe anemia
5 Gynecological conditions as refractory
chorea gravidarum
6 Organic nervous conditions as
psychosis
7 Miscellaneous conditions as diabetes,
exophthalmic goiter
8 Hereditary conditions as insanity.