LEGAL Flashcards

(55 cards)

1
Q

The body vested by law to have general supervision and regulation over the practice of medicine is:
A. Professional Regulatory Commission
B. Commission on Higher Education
C. Department of Health
D. Board of Medicine

A

✅ Board of Medicine

Rationale: The Board of Medicine under the Professional Regulation Commission (PRC) is the body legally vested with authority to supervise and regulate the practice of medicine in the Philippines.

❌ PRC: Umbrella agency, but not specific to medicine.

❌ CHED: Oversees education, not licensure.

❌ DOH: Public health policies, not licensure.

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2
Q

The non-issuance of a certificate of registration to a successful examinee may be due to one of the following:
A. Found guilty by the Board of Medicine of immoral or dishonorable conduct
B. Undergoing trial for a criminal offense involving moral turpitude
C. Appears to be of unsound mind
D. All of the above

A

✅ All of the above (AOTA)

Rationale: The Board of Medicine may withhold registration from a successful examinee if they are:

Found guilty of immoral or dishonorable conduct

Under criminal trial for moral turpitude

Mentally unsound
All three are legal grounds under the Medical Act of 1959.

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3
Q

Which of the following is not considered the practice of medicine?
A. Physical examination of the patient
B. Collection of professional fees
C. Diagnosis and treatment
D. Prescribing drugs

A

✅ Collection of professional fees

Rationale: Collecting fees is a consequence of medical practice, not part of the core functions like examination, diagnosis, treatment, or prescription.

❌ Physical exam, diagnosis, and prescribing = clear acts of medical practice.

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4
Q

Dr. Jose left a forceps in the abdominal cavity after an operation. The applicable legal principle in this case is:
A. Doctrine of vicarious liability
B. Doctrine of res ipsa loquitur
C. Doctrine of contributory negligence
D. Doctrine of foreseeability

A

✅ Doctrine of res ipsa loquitur

Rationale: Latin for “the thing speaks for itself”—used in cases like leaving a foreign object inside the body, where negligence is presumed without need for direct evidence.

❌ Vicarious liability = liability of employers.

❌ Contributory negligence = patient’s fault.

❌ Foreseeability = linked to causation, not this scenario.

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5
Q

A patient-physician relationship exists in which of the following situations?
A. Insurance eligibility examination
B. Pre-employment examination to determine fitness for work
C. Determination of sanity by a court-appointed physician
D. When an attending physician refers the patient to another doctor

A

✅ Attending physician refers the patient to another doctor

Rationale: A referral is part of an ongoing physician-patient relationship.

❌ Insurance/pre-employment/sanity exams = do not establish this relationship as there’s no intention to treat.

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6
Q

Patient-physician relationship is not terminated when:
A. Patient recovers from the condition being treated
B. Physician considers his further service will no longer be beneficial to the patient
C. Physician discharges the patient
D. Physician abandons the patient

A

✅ Physician abandons the patient

Rationale: Abandonment is an illegal and unethical termination of the physician-patient relationship.

❌ All other choices are valid, legal ways to end the relationship.

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7
Q

The standard of care rule to be followed in Metro Manila is:
A. Locality rule
B. Rules established by practice guidelines
C. National standard of care
D. “Similar” locality rule

A

✅ National Standard of Care

Rationale: In the Philippines, the standard of care is national, not local—especially in urbanized areas like Metro Manila.

❌ Locality/similar locality rules = older U.S.-based doctrines.

❌ Practice guidelines help but are not the legal standard.

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8
Q

A physician issued a false medical certificate in favor of a friend who was absent from work to enable the latter to claim sickness benefits from the company and PhilHealth. The physician under the law is liable:
A. Civilly
B. Administratively
C. Morally
D. Criminally

A

✅ Criminally

Rationale: Issuing a false medical certificate for fraudulent purposes is a crime (e.g., falsification of documents under the Revised Penal Code).

❌ It may also have administrative/civil implications, but the question asks for liability “under the law,” which primarily refers to criminal liability.

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9
Q

The burden of evidence needed to convict a physician for criminal malpractice is:
A. Substantial evidence
B. Proof beyond reasonable doubt
C. Preponderance of evidence
D. Circumstantial evidence

A

✅ Proof beyond reasonable doubt

Rationale: Criminal malpractice is prosecuted in a criminal court; thus, the highest burden of proof is required.

❌ Substantial evidence = admin cases

❌ Preponderance = civil cases

❌ Circumstantial = type of evidence, not standard of proof

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10
Q

The physician who prepares and signs a birth certificate stating that the child was born by a woman who is not the real mother thereof is liable for the crime of:
A. Substitution of one child for another
B. Human trafficking
C. Simulation of birth
D. Concealment of birth

A

✅ Simulation of birth

Rationale: Simulation of birth involves falsely stating the identity of a child’s mother, as in this case.

❌ Substitution = swapping babies

❌ Human trafficking = exploitation, not falsification

❌ Concealment = hiding birth, not simulating identity

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11
Q

Information obtained by a physician from his patient that cannot be legally divulged in a civil action in court is called:
A. Statutory communication
B. Ethical communication
C. Privileged communication
D. Health information

A

✅ C. Privileged communication

Rationale: Privileged communication is legally protected information between physician and patient that cannot be disclosed in court without consent.

❌ Statutory: refers to laws, not confidentiality

❌ Ethical: moral, not legal protection

❌ Health information: too broad

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12
Q

A physician treated a terrorist for gunshot injuries who admitted to killing hostages by beheading. When the terrorist was captured, the physician was called to testify. What should he do?
A. Keep his mouth shut as the information is privileged
B. Testify against the terrorist
C. Invoke patient confidentiality
D. Refuse to testify

A

✅ C. Invoke patient confidentiality

Rationale: Even if the patient is a criminal, physicians must still invoke confidentiality, unless there’s a legal exception (e.g., court order, public safety threat).

❌ A: “Keep mouth shut” lacks due legal process

❌ B: Only testify if compelled by court

❌ D: You cannot simply refuse—must invoke the privilege

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13
Q

When a patient refuses the treatment advised by the doctor, the doctor has the right to:
A. Get a court order to make the patient obey
B. Withdraw from the case
C. Force the patient
D. Sue the patient

A

✅ B. Withdraw from the case

Rationale: If a competent patient refuses treatment, the doctor cannot force compliance and may ethically and legally withdraw.

❌ A: Court orders aren’t applicable here

❌ C: Forcing violates autonomy

❌ D: There is no legal basis to sue

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14
Q

The surgeon becomes the temporary employer of hospital personnel assisting him in the operation. The applicable doctrine is:
A. Res Ipsa Loquitur
B. Ostensible agent
C. Borrowed servant
D. Captain of the ship

A

✅ D. Captain of the ship

Rationale: The surgeon is liable for the acts of all personnel under his direct control in the OR, even if they are hospital employees.

❌ A: Res ipsa = inference of negligence

❌ B: Ostensible agent = liability for someone appearing as your agent

❌ C: Borrowed servant = applies to non-surgical settings often

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15
Q

During a court trial, a psychiatrist was ordered by the judge to determine the mental condition of the accused. What is the nature and form of the patient-physician relationship?
A. Implied
B. Expressed
C. Consensual
D. No relationship exists

A

✅ D. No relationship exists

Rationale: When a doctor examines someone at the court’s order, no therapeutic relationship is formed. It is non-consensual and forensic in nature.

❌ A/B/C: Implied or expressed relationships are therapeutic in nature

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16
Q

A lawyer demanded to see the medical chart of his client. What is the appropriate action of the physician?
A. Show the chart
B. Get the patient’s permission
C. Consult a lawyer
D. Ignore the lawyer’s demand

A

✅ B. Get the patient’s permission

Rationale: Medical records are confidential, and only the patient can authorize access—even their own lawyer needs permission.

❌ A: Violates confidentiality

❌ C: Unnecessary unless legal conflict arises

❌ D: Ignoring is unprofessional

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17
Q

Dr. Jonas secured his patient’s informed consent to allow his kidneys to be harvested for transplantation to another who bought the organ for ₱250,000. The consent is:
A. Informed and enlightened
B. Obtained voluntarily
C. One where the subject matter is legal
D. Invalid

A

✅ D. Invalid

Rationale: Organ sale is illegal in the Philippines. Consent to an illegal act is void under the law, regardless of voluntariness or understanding.

❌ A/B/C: Valid only if the act is lawful

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18
Q

A colleague was charged with malpractice. The physician was called to give witness as to the negligence of his colleague. What should he do?
A. Refuse to testify
B. Testify against the complainant
C. Testify and tell the truth
D. Testify in favor of his colleague

A

✅ C. Testify and tell the truth

Rationale: Physicians must uphold truth and justice. There is an ethical and sometimes legal duty to testify honestly, even against colleagues.

❌ A/D: Unethical to lie or withhold

❌ B: Not always the complainant at fault

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19
Q

Fee splitting is unethical. This is also known as:
A. Contingent fee
B. Dichotomous fee
C. Retainer’s fee
D. Recruitment

A

✅ B. Dichotomous fee

Rationale: Fee splitting, or “dichotomous fee,” involves sharing a fee for patient referrals, which is unethical and illegal in many jurisdictions.

❌ A: Contingent fees are for lawyers

❌ C: Retainer = advance payment

❌ D: Recruitment not applicable

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20
Q

The test for drunkenness which requires the subject to stand straight with eyes closed for one minute to see if he will sway from side to side is called:
A. Fishberg test
B. Romberg’s test
C. Locard’s test
D. Sway test

A

✅ B. Romberg’s

Rationale: Romberg test checks for proprioception and cerebellar function, often used to assess intoxication—swaying is a positive sign.

❌ A: Fishberg = for kidney disease

❌ C: Locard = exchange principle in forensics

❌ D: Not a standard term in this context

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21
Q

An intoxicated person who is disoriented, mentally confused with slurred speech and staggering gait has a blood alcohol level of approximately:
A. 250–400 mg/100 ml
B. 150–300 mg/100 ml
C. 350–500 mg/100 ml
D. Over 450 mg/100 ml

A

✅ A. 250–400 mg/100 mL

Rationale: Blood alcohol levels of 250–400 mg/dL produce severe intoxication: disorientation, slurred speech, and motor impairment.

❌ B: Moderate intoxication

❌ C/D: Usually associated with coma or death

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22
Q

The condition of a person who does not have the mind, will, and heart for the obligations of marriage is:
A. Psychological incapacity
B. Imbecility
C. Impotence
D. None of the above

A

✅ A. Psychological incapacity

Rationale: In the Family Code of the Philippines, psychological incapacity is a legal ground for nullity of marriage due to inability to fulfill marital obligations.

❌ Imbecility = low intellectual capacity

❌ Impotence = physical, not psychological

❌ D: Incorrect, A is valid

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23
Q

A subpoena issued by a court ordering a physician to testify in a hearing together with all records in his possession is called:
A. Certiorari
B. Subpoena duces tecum
C. Subpoena ad testificandum
D. Subpoena ad duces tecum ad testificandum

A

✅ B. Subpoena duces tecum

Rationale: A subpoena duces tecum compels the witness to appear in court and bring documents or records (e.g., medical charts).

❌ A: Certiorari = higher court review

❌ C: Ad testificandum = for testimony only

❌ D: Not a standard term in PH law

24
Q

The physician is generally not a hospital employee under which of the following scenarios?
A. His selection and engagement was done by the hospital
B. He draws salary from the hospital
C. He collects professional fees for services rendered
D. He must work a number of hours stated by the hospital

A

✅ C. He collects professional fees for services rendered

Rationale: If a doctor collects fees directly from patients, it suggests independent contractor status, not an employee.

❌ A/B/D: Indicate employment relationship

25
This makes the hospital liable for the malpractice committed by its physician employee: A. Contributory liability B. Vicarious liability C. Corporate liability D. Employer liability
✅ B. Vicarious liability Rationale: Under vicarious liability, an employer (e.g., hospital) is held liable for the negligent acts of its employees performed within the scope of duty. ❌ A: Not a legal doctrine ❌ C: Corporate liability = liability due to failure in administration, not just malpractice ❌ D: Not a specific legal term
26
A hospital personnel under the supervision and control of the hospital but is not an employee is: A. Staff nurses B. Pharmacist of the hospital C. Clinical clerk D. Nurse aide
. ✅ C. Clinical clerk Rationale: Clinical clerks (medical students) are not hospital employees but are still under its supervision and control. ❌ Nurses and pharmacists = employees ❌ Nurse aide = often a hospital staff member
27
A physician may be liable for performing an operation even though the patient consented if: A. The parents did not consent B. The operation is illegal C. The husband was not informed D. The patient cannot afford the expenses
✅ B. The operation is illegal Rationale: Consent does not legalize an illegal act. A physician performing an unlawful operation (e.g., organ trade) is still liable. ❌ A: Parental consent only required if patient is a minor ❌ C: Spousal consent not required for adult competent patients ❌ D: Financial capacity doesn’t affect liability
28
The right of a patient to be protected against public exposure and publicity is called: A. Privilege communication B. Confidentiality C. Secrecy D. Privacy
✅ D. Privacy Rationale: Right to privacy includes protection from public exposure and unwanted disclosure of personal health information. ❌ A: Legal protection in court ❌ B: Confidentiality = sharing within healthcare ❌ C: Not a technical/legal term
29
The principle by which foreign doctors are allowed to practice in the country is: A. Internationality B. Foreign relations C. Reciprocity D. Professional courtesy
✅ C. Reciprocity Rationale: Foreign doctors can only practice in the Philippines if their country offers the same privilege to Filipinos—this is the reciprocity principle. ❌ A/B/D: Not legal grounds for foreign practice
30
Which of the following is not classified as a dangerous drug? A. Codeine B. LSD C. Indian hemp D. Alcohol
✅ D. Alcohol Rationale: While alcohol is a CNS depressant, it is not classified under the Dangerous Drugs Act (RA 9165) in the Philippines. ❌ Codeine, LSD, Indian hemp (cannabis) = classified dangerous drugs
31
A woman gave birth to an anencephalic newborn. The doctor ordered that nothing be given to the baby. The baby starved, became dehydrated, and died after two days. Choose the best answer. A. The doctor committed homicide B. The doctor is not liable because the baby would have died anyway C. The crime committed is infanticide D. The crime is murder
✅ A. The doctor committed homicide. Rationale: Withholding care from a live newborn, even anencephalic, is intentional omission resulting in death—this is homicide under the law. ❌ B: Futility of survival doesn't excuse inaction ❌ C/D: Infanticide applies to mother; murder implies aggravating factors
32
An unborn in the womb of the mother from the time of conception has life, is human, and has a ________ personality. A. Natural B. Human C. Juridical D. Presumptive
✅ D. Presumptive Rationale: The unborn child has "presumptive personality" under the law, meaning rights are recognized for future purposes (e.g., inheritance) subject to being born alive. ❌ A/B/C: Legal term used is "presumptive personality"
33
The crime committed when a vibrator is inserted by a woman into a man's anus against his will is: A. Anilingus B. Rape C. Acts of lasciviousness D. Sodomy
✅ B. Rape Rationale: Under RA 8353 (Anti-Rape Law), rape includes sexual assault, such as insertion of objects into genital or anal orifice, regardless of gender of victim or offender. ❌ C: Lascivious acts = not involving penetration ❌ D: Sodomy is outdated; not a Philippine legal term
34
Which of the following suggests defloration? A. Labias are in close contact with one another B. Normal V-shape configuration of the fourchette is lost C. Sharpness of the rugosities of the vaginal canal D. Hymen is intact
✅ B. Normal V shape configuration of the fourchette is lost Rationale: Loss of fourchette’s V shape suggests trauma during first intercourse = defloration. ❌ A: Close labias = prepubertal or nulliparous ❌ C: Rugosities = general vaginal condition ❌ D: Intact hymen = no defloration
35
From the legal perspective, which is true of virginity? A. Refers to females B. Applicable to males and females C. Genital organs altered by carnal knowledge D. Imperforate hymen
✅ B. Applicable to males and females Rationale: Virginity, though traditionally applied to women, legally refers to absence of sexual intercourse, regardless of gender. ❌ A/C: Too narrow; ❌ D: Imperforate hymen = congenital anomaly
36
In a crash injury of the chest with the patient developing hemoptysis, one serious danger is: A. Fracture of the rib and laceration of the lungs B. Severe pain C. Blood clot obstruction D. Contusion of the lungs
✅ A. Fracture of the rib and laceration of the lungs Rationale: Hemoptysis in chest trauma suggests lung injury, often caused by rib fracture penetrating lung tissue—can cause pneumothorax or fatal hemorrhage. ❌ B: Pain is not a life-threatening danger ❌ C: Clot obstruction is possible but not immediate ❌ D: Contusion alone doesn’t usually cause hemoptysis
37
A corpse was found floating on the river. The evidence that points to drowning is: A. Goose flesh skin B. Stomach filled with water C. Presence of water and debris in the tracheobronchial tree D. The body is cold
✅ C. Presence of water and debris in the tracheobronchial tree Rationale: The best indicator of drowning is water/debris in airways, showing the victim inhaled water before death. ❌ A: Gooseflesh = postmortem artifact ❌ B: Water in stomach may occur after death ❌ D: Cold body = nonspecific
38
Which causes instant death in hanging? A. Traumatic asphyxia B. Spinal cord injury C. Vagal pressure D. Carotid vessel compression
✅ B. Spinal cord injury Rationale: In judicial or complete hanging, sudden hyperextension of the neck may fracture the cervical spine, causing instant death. ❌ A/C/D: These cause slower deaths
39
In gunshot injuries, the presence of these is very helpful in determining the distance of the victim from the barrel of the gun: A. Entry wound B. Exit wound C. Products of combustion D. Internal organ injuries
✅ C. Products of combustion Rationale: Gunpowder residue (soot, stippling, tattooing) helps estimate firing distance. ❌ A: Entry wound = less useful alone ❌ B: Exit wound = unreliable in determining range ❌ D: Internal injuries ≠ indicative of range
40
The presence of multiple stab wounds inflicted all over the dead victim suggests what type of death: A. Natural B. Suicide C. Homicide D. Accidental
✅ C. Homicide Rationale: Multiple scattered stab wounds are not consistent with suicide, and suggest overkill typical in homicide. ❌ B: Suicide wounds are usually fewer and localized ❌ A/D: Not applicable in this context
41
This is the most universally accepted method of identification: A. DNA B. Dentition C. Fingerprints D. Radiographs
✅ C. Fingerprints Rationale: Fingerprinting is the most universally accepted, time-tested, and accessible method of personal identification due to uniqueness and permanence. ❌ A: DNA is superior in accuracy but not always available or feasible. ❌ B/D: Useful but not as universally reliable or accessible.
42
Indentations left in soft or pliable material belong to what type of fingerprints: A. Latent B. Plastic C. Visible D. Imprinted
✅ B. Plastic Rationale: Plastic fingerprints are visible impressions left in soft, pliable material (e.g., wax, clay, soap). ❌ A: Latent = invisible, revealed by powder or chemicals ❌ C: Visible = left in blood/ink ❌ D: “Imprinted” is not a forensic category
43
Usual cause of death in burning houses and buildings: A. Dehydration B. Full thickness burns C. Inhalation of smoke and noxious gases D. All of the above
✅ C. Inhalation of smoke and noxious gases Rationale: Victims in building fires typically die from carbon monoxide or toxic gas inhalation, not burns or dehydration. ❌ A/B: May contribute but not usual primary cause ❌ D: Too broad—correct answer is specific
44
A physician who fails to report a wanted criminal after treating his injuries from any form of violence to police authorities is: A. Administratively liable B. May be liable for obstruction of justice C. Both of the above D. None of the above
✅ C. Both of the above Rationale: Physicians are legally and ethically obligated to report treatment of violence-related injuries, especially if the person is a wanted criminal. Failing to do so = obstruction of justice + administrative liability
45
Study of fingerprints as a means of identification is called: A. Dactylography B. Dactyloscopy C. Dactylogram D. Dactylology
✅ A. Dactylography Rationale: Dactylography is the study of fingerprints for identification. ❌ B: Dactyloscopy = technique of comparing fingerprints ❌ C: Dactylogram = actual fingerprint image ❌ D: Dactylology = use of fingers in sign language
46
A medical forensic specialist saw the mayor shot. He was called to testify during the trial of the case. In such capacity, he is a(n): A. Ordinary witness B. Expert witness C. Reluctant witness D. Hostile witness
✅ A. Ordinary witness Rationale: A person who directly witnessed the event is an ordinary witness, even if a medical specialist. ❌ B: Expert witness = testifies based on professional opinion, not observation ❌ C/D: Not applicable
47
A patient in the emergency room needs surgery but cannot afford the expenses. What is the best ethical action to do? A. Refer the patient to another hospital B. Treat the patient and let a collection agency do the collecting C. If there is a charity bed available, let him have it D. If there is no bed available, treat the emergency
✅ D. If there is no bed available, treat the emergency Rationale: Emergency care must not be delayed regardless of the patient’s ability to pay. Ethical duty overrides administrative concerns. ❌ A/B/C: Only applicable after stabilizing the emergency
48
When a patient in agony requests his physician for euthanasia, the proper procedure that a physician is ethically bound to do is: A. Administer massive pain killers to allow the patient a painless death B. Disregard completely the patient's plea C. Withdraw from the case D. Let nature take its course
✅ D. Let nature take its course Rationale: Euthanasia is illegal in the Philippines. The ethical duty is to provide comfort but not to actively hasten death. ❌ A: Intentionally lethal = euthanasia ❌ B: Ignoring is inhumane ❌ C: Withdrawing may be abandonment
49
The intern who held the tenaculum while the attending was performing the abortive curettage is a/an: A. Principal by direct participation B. Principal by indispensable cooperation C. Accomplice D. Accessory
✅ B. Principal by indispensable cooperation Rationale: If the intern's action (e.g., holding tenaculum) was essential to the crime, he becomes a principal by indispensable cooperation, even without initiating the act. ❌ A: Direct participation = doing the main act ❌ C/D: Too passive for this scenario
50
1. Which Republic Act is known as the "Anti-Rape Law of 1997"? A. RA 9262 B. RA 6578 C. RA 8353 D. RA 11596
C. RA 8353 Rationale: RA 8353 reclassified rape from a crime against chastity to a crime against persons and broadened the definition of rape to include sexual assault.
51
2. The law that protects women and children from physical, sexual, psychological, and economic abuse is: A. RA 9262 B. RA 8353 C. RA 11596 D. RA 6578
A. RA 9262 Rationale: RA 9262 is the Anti-Violence Against Women and Their Children Act of 2004, protecting women and children from abuse by spouses or intimate partners.
52
3. Which law prohibits child marriage and prescribes penalties for facilitation, solemnization, or cohabitation with a minor? A. RA 6578 B. RA 8353 C. RA 9262 D. RA 11596
D. RA 11596 Rationale: RA 11596 is the Prohibition of Child Marriage Law, aiming to eliminate child marriage practices and criminalize those involved.
53
4. What Republic Act requires the registration of births and deaths in the Philippines? A. RA 9262 B. RA 6578 C. RA 11596 D. RA 8353
B. RA 6578 Rationale: RA 6578 ensures civil registration of births and deaths, essential for legal identity and demographic data.
54
Which of the following is a distinguishing feature of an entrance gunshot wound compared to an exit wound? A. Everted margins and larger, irregular size B. Presence of tattooing and contusion collar C. Rare presence of foreign material like soot or powder D. More destructive and lacerated due to yawing
B. Presence of tattooing and contusion collar Rationale: Entrance wounds often have inverted edges, tattooing/smudging, and a contusion collar, especially in close-range shots. ❌ A: Describes exit wound features ❌ C: Foreign material (e.g., soot, grease) is common in entrance wounds, not exit ❌ D: Exit wounds are typically more lacerated and destructive due to bullet deformation or yawing
55
Which of the following is most characteristic of a gunshot wound from a distant range (>60 cm)? A. Presence of soot and tattooing, with an abrasion collar B. Tattooing present but no soot, and abrasion collar present C. No soot or tattooing, but with an abrasion collar D. Soot present but no tattooing or abrasion collar
C. No soot or tattooing, but with an abrasion collar Rationale: Distant range wounds (>60 cm) show only an abrasion collar, without soot or tattooing, as gunpowder residues don’t reach the skin. ❌ A: Describes contact or short-range fire ❌ B: Describes intermediate range fire ❌ D: Soot without tattooing is not typical for any defined range