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Medical Evidence

A Report by:

Jose Parcon

Jonathan Siddayao

Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a

judicial proceeding the truth respecting a matter of fact. (Sec. 1, Rule 128,

Rules of Court).

It is the species of proof, or probative matter, legally presented at the trial of

an issue by the act of the parties and through the medium of witnesses,

records, documents, concrete objects, etc. for the purpose of inducing belief

in the minds of the court as to their contention. (Blacks Law Dictionary).

If the means employed to prove a fact is medical in nature, then it becomes

medical evidence.1

Types of Medical Evidence2

1. Autoptic or Real Evidence This is evidence made known to the senses of the court. It includes the sense of vision, hearing, taste, smell and touch.

Sec.1, Rule 130, Rules of Court. View of an object. Whenever an

object has such a relation to the fact in issue as to afford reasonable

ground of belief respecting the latter, such object may be exhibited to

or viewed by the court, on its existence, situation, condition, or

1PedroP.Solis,MedicalJurisprudence,R.P.GarciaPublishingCo.,1988.2Ibid.

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character proved by witnesses, as the court in its discretion may

determine.

The court may require the physician to present the skeleton of the

victim of a criminal act exhumed and examined for the judge to see

the presence and degree of the ante-mortem fracture.

Limitations to the Presentation of Autoptic Evidence

a. Indecency and Impropriety

Presentation of evidence may be necessary to serve the best interest

of justice but the notion of decency and sensitivity may cause

inhibition of its presentation.

The court may not allow exposure of the genitalia of an alleged victim

of sexual offense to show the presence and degree of injuries suffered

by the victim. There are other ways for the court to know the facts

other than actual exhibition.

b. Repulsive Objects and those Offensive to Sensibilities

Foul smelling objects, persons suffering from highly infectious and

communicable disease, or objects which when touch may mean potential

danger to the life and health of the judge may not be presented.

However, if such evidence is necessary in the adjudication of the case, the

question of indecency and impropriety of the fact that such evidence is

repulsive or offensive to sensibilities, it may be presented. This will depend

on the sound discretion of the court.

2. Testimonial Evidence

A physician may be summoned to appear before a court to give his

testimony. He may be presented in court either as an ordinary

witness or expert witness, or both.

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a. Ordinary Witness

A physician who testifies in court on matters he perceived from his

patient in the course of physician-patient relationship is considered

as an ordinary witness.

An exception to the ordinary witness rule is the privilege

communication between physician and patient. The physician and

other medical practitioners cannot in a civil case, without the

consent of the patient, be examined as to any information, which

he may have acquired in attending such patient in a professional

capacity.

A medical witness can only testify on matters derived by his own

perception. He can only testify on matters which he has personal

knowledge.

Matters, which are not from the personal knowledge of the witness

but from mere repetition of what he has heard others say, are

hearsay evidence.

As a rule, hearsay evidence is not admissible in court. But one of

the exceptions to the non-admissibility of hearsay evidence is

dying declaration.

The declaration of a dying person under the consciousness of his

impending death is admissible because of its necessity and it is

trustworthy.

For dying declaration to be admissible, the following

requisites must be present:3 3Ibid.

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i. It must be shown that the declarant was conscious of his

impending death;

ii. That the declaration must be with regard to his impending

death;

iii. That the declarant was in full possession of his mental

faculties when he made the declaration;

iv. Such evidence is presented in court in a case of homicide,

murder or parricide wherein the declarant was the victim.

b. Expert Witness

A physician on account of his training and experience can give his

opinion on a set of medical facts. He can deduce or infer

something, determine the cause of death, or render opinion

pertinent to the issue and medical in nature.

The probative value of the expert medical testimony depends upon

the degree of learning and experience on the line of what the

medical expert is testifying, the basis and logic of his conclusion,

and other evidences tending to show the veracity or falsity of his

testimony.

3. Experimental Evidence

A medical practitioner as a witness may be allowed by the court to

confirm his allegation as a corroborated proof to an opinion he

previously stated.

Example:

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In the issue as to how long a person can survive, after the

administration of a lethal dose of poison, the medical witness can prove

within the view of the court by administration of said poison to

experimental animals.

4. Documentary Evidence

Document is 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.

Example:

a) Medical certification or Report on:

Medical examination;

Physical examination;

Necropsy;

Laboratory;

Exhumation;

Birth;

Death.

b) Medical expert opinion;

c) Deposition A written record of evidence given orally and transcribed in writing in the form of questions by the interrogator and the answer of the

deponent by the latter. 5. Physical Evidence

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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 a criminal.

Types of Physical Evidence:

a) Corpus Delicti Evidence Objects or substances that may be a part

of the body of the victim of murder, prohibited drugs recovered

from the possession of the offender, knife with bloodstain or

fingerprint of the suspect, etc.

b) Associative Evidence These are physical evidences, which may link

a suspect to the crime. The suspect may leave clues at scene of the

crime such as: weapons or tools used in the crime, fingerprint or

foot impression of the suspect, wearing apparel, etc., and other

articles of value that may be useful in solving the crime.

c) Tracing evidence Physical evidences which may assist

investigators in locating the suspect such as: aircraft or ships

manifest, physicians clinical record in case the suspect seeks

medical assistance for injuries sustained in an encounter, blood

stains of the wounded suspect infer direction he traversed during

escape.

Source:

Pedro P. Solis, Medical Jurisprudence, R.P. Garcia Publishing Co.,

1988.