GENERAL SCOPE Of SPECIAL CRIME AND LEGAL MEDICINE

Question 1

It is the collection of facts in order to accomplish the three-fold aims – to identify the guilty party; to locate
the guilty party; and to provide evidence of his (suspect) guilt

Answer 1

CRIMINAL INVESTIGATION

Question 2

This refers to the investigation of cases that are unique and often require the application of Legal Medicine and requires special training to fully understand their broad significance. The emphasis is on physical evidence rather than an extra judicial confession.

Answer 2

SPECIAL CRIME INVESTIGATION

Question 3

This refers to the branch of medicine which deals with the application of medical knowledge to the
purposes of law and in the administration of justice. It is also a part of medical science which is employed by the legal authorities for the solution of legal problems. Any physician who testifies in court in his personal capacity can be considered a practitioner of legal medicine

Answer 3

LEGAL MEDICINE

Question 4

A physician who specializes or is involved primarily with medicolegal duties is known as ______________.
Inasmuch as administration of justice is primarily a function of the state, physicians whose duties are mainly medico-legal in nature are mostly in the service of the government

Answer 4

MEDICAL JURIST

Question 5

A rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.

Answer 5

LAW

Question 6

FORMS OF LAW

Answer 6

a. WRITTEN or STATUTORY LAW (Lex Scripta )
b. UNWRITTEN or COMMON LAW ( Lex non Scripta)

Question 7

It is composed of laws which are produced by the country’s legislations and which are defined,
codified, and incorporated by the law-making body.

Answer 7

Written or Statutory Law (Lex Scripta)

Question 8

It is composed of unwritten laws based on immemorial customs and usages. Sometimes referred
to as case law, common law, jurisprudence, or customary law.

Answer 8

Unwritten or Common Law (Lex non Scripta)

Question 9

It denotes anything belonging to the court of law or used in court or legal proceedings or something fitted for legal or public argumentations.

Answer 9

FORENSIC

Question 10

It is a science and art dealing with prevention, cure, and alleviation of disease. It is that part of science and art of restoring and preserving health. It is the science and art of diagnosing, treating, curing, and preventing disease, relieving pain, and improving the health of a person.

Answer 10

MEDICINE

Question 11

It pertains to law, arising out of, by virtue of or included in law. Refers to anything conformable to the letters or rules of law as it is administered by the court.

Answer 11

LEGAL

Question 12

is a science of giving a wise interpretation of the law and making just application of them
to all cases as they arise. Judicial decisions applying or interpreting the laws shall form a part of the
Philippine jurisprudence.

Answer 12

JURISPRUDENCE

Question 13

It is the knowledge of law in relation to the practice of medicine. It concerns with the study of the rights,
duties and obligations of medical practitioner with particular reference to those arising from doctor - patient relationship.

Answer 13

MEDICAL JURISPRUDENCE

Question 14

A principle that, when the court has once laid down a principle of law or interpretation as applied to a
certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same.
The principle is one of policy, grounded on the theory that security and certainty require that accepted and established legal principles, under which right may accrue, be recognized and followed, though later found to be not legally sound, but whether previous holding of court shall be adhered to, modified or overruled is within the court’s discretion under the circumstance of the case before it

Answer 14

PRINCIPLE STARE DECISES

Question 15

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

Answer 15

EVIDENCE

Question 16

What are the types of Medical Evidence

Answer 16

1. Autoptic Evidence
2. Testimonial Evidence
3. Experimental Evidence
4. Documentary Evidence

Question 17

This is an evidence made known or addressed to the senses of the court. It is not limited to that which
is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touch is
perceived.

Answer 17

AUTOPTIC EVIDENCE

Question 18

Autoptic Evidence also known as?

Answer 18

Real, Object or Physical Evidence

Question 19

A physician may be commanded to appear before a court to give his testimony. While in the witness
stand, he is obliged to answer questions propounded by counsel and presiding officer of the court. His testimony must be given orally and under oath or affirmation.

Answer 19

TESTIMONIAL EVIDENCE

Question 20

those not proceeding from the personal knowledge of the witness but from mere repetition
of what he has heard to others. It is a, “second hand” evidence which rest mainly on the veracity and competence of its source .
It must be stressed further that Dying Declaration is the exception to the hearsay rule and physicians are frequent
recipients of dying declaration in the medical clinics and emergency rooms of hospitals.

Answer 20

HEARSAY EVIDENCE / SECONDARY EVIDENCE

Question 21

A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to
an opinion he previously stated in full view of the court.

Answer 21

EXPERIMENTAL EVIDENCE

Question 22

Written evidence presented to the court by the expert witness about the subject matter in dispute

Answer 22

DOCUMENTARY EVIDENCE

Question 23

an instrument on 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.

Answer 23

DOCUMENT

Question 24

What are the examples of Medical Documentary Evidence?

Answer 24

a. Medical Certification or Report on
b. Medical Expert Opinion
c. Deposition

Question 25

Under of Medical Certification or Report on are ;

Answer 25

• Medical Examination Report
• Physical Examination Report
• Necropsy/ Autopsy Report
• Laboratory Report
• Exhumation Report
• Birth Certificate
• Death Certificate

Question 26

this refers to the testimony of a physician on account of his training and expertise can give his own opinion on a set of medical facts.

Answer 26

MEDICAL EXPERT OPINION

Question 27

The testimony of a witness taken upon oral question or written interrogatories, not in open court,
but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil action or criminal prosecution

Answer 27

DEPOSITION

Question 28

crimes such as but not limited to theft, physical injuries, malicious mischief, etc.- matters that are usually covered during basic police training and are thus considered within the capability of each policeman to solve.

Answer 28

COMMON/ Common Crimes

Question 29

complexity of nature of the offense that requires the application of Legal Medicine and requires additional qualifications and highly specialized training, such as but not limited to homicide, murder, rape, robbery, arson, etc.

Answer 29

SPECIAL/ Special Crimes

Question 30

A joint responsibility of every police officers, whether assigned on desk, patrol, or investigation.

Answer 30

INVESTIGATING CRIMES