CHAPTER 1 LEGAL MEDICINE  Crimes relative to opium and prohibited drugs
 Crimes against persons
Legal Medicine: Is that branch of medicine that applies,
medical and surgical concepts, scientific knowledge and
skills to medico legal issues, in order to assist the trier of
facts in the proper dispensation of justice.
Medical Jurisprudence
 is the study of the Medical Law and its applicable
Jurisprudence that governs, regulates and defines the
practice of medicine.
 In the Philippines, Legal Medicine is the appropriate
name for Forensic Medicine.
 Modern Legal medicine has a broad range of
applications, it is used in civil cases such as paternity
and filiation, annulment of marriage, DNA testing , etc.
 In all cases the medical examiner must conduct an
investigation of the crime scene and also an autopsy.
TECHNIQUES OF LEGAL MEDICINE:
 Legal Medicine uses sophisticated laboratory
techniques to detect the presence of substances in the
victim, in the suspected criminal, or at the crime
scene.
 Forensic examination of substances found at a crime
scene can often establish the presence of the suspect
at the crime scene.
LEGAL MEDICINE AND THE LEGAL SYSTEM
 Courts routinely call upon physicians to give expert
testimony in a trial, especially concerning the findings
of an autopsy and the results of laboratory tests.
 As an expert witness he is allowed to express an
opinion about the validity of the evidence in a case
and may quote the statements of other experts in
support of an opinion.
 Ordinary testimony is restricted to statements
concerning what the witness actually saw or heard.
 The evidence to be presented by the legal medicine
expert must signify a relation between the facts called
the “ Factum Probandum” or proposition to be
established and the “ factum Probans” which is the
material evidencing the proposition.\
 The Physician must present RELEVANT, MATERIAL
AND COMPETENT EVIDENCE.
HISTORY OF LEGAL MEDICINE:
 Paulus Zacchias ( 1584 – 1659 ) is the ‘ Father of
Forensic Medicine”. He was the first to describe the
importance and application of medicine to the proper
administration of justice.
 In the Philippines, the father of Legal Medicine can be
rightfully bestowed to Dr. Pedro P. Solis. His book on
Legal Medicine copyrighted in 1987, contains the most
extensive treatise and teachings in Philippine Legal
Medicine.
APPLICATION OF LEGAL MEDICINE TO LAW:
Legal Medicine is Applied to Law
1. Civil law
 the determination and termination of civil
personality
 the limitation or restriction of a natural person’s
capacity to act
 marriage and legal separation
 paternity and filiation
 testamentary capacity of a person making a will
 the right to hereditary succession
2. Criminal Law
 Felonies and circumstances which affect
criminal liability
 Civil liability ex delictu
 Crimes against chastity
 Crimes against civil status of persons
 Quasi – offenses
3. Remedial Law
 Physical and Mental Examination of a person
 Hospitalization of insane persons
 Rules of Evidence
4. Special Laws
5. Corpus Delicti: Is the body or substance of the crime
and is defined as the fact that a crime actually has
been committed. In all criminal prosecutions, the
burden is on the prosecution to prove the corpus
delicti.
QUANTUM OF PROOF
1. In Civil Cases – the quantum of proof necessary to
prove a civil complaint is a PREPONDERANCE OF
EVIDENCE. The party filing or bringing a civil
complaint has the burden of proof and must establish
the truth and righteousness of his allegations by a
preponderance of the evidence admitted by a
competent court.
2. In Criminal Cases
 the quantum is proof beyond reasonable doubt.
 In a criminal case the accused is entitled to an
acquittal, unless his guilt is shown beyond
reasonable doubt
 Presumption of INNOCENCE is a conclusion
drawn by the constitution and the law in favor of
the accused, while REASONABLE DOUBT, is a
condition of mind produced by proof resulting
from evidence in the case.
3. To establish matters of defense – the doctrine of
reasonable doubt applies only to incriminative facts.
4. To establish self-defense – One who sets up SELF
DEFENSE “must rely on the strength of his own
evidence and not on the weakness of that of the
prosecution”.
5. To establish Alibi – It must be proved by positive, dear
and satisfactory evidence. “Oral Evidence” of alibi is
so easily manufactured and usually unreliable that it
can rarely be given credence.
6. In Administrative Complaints – In cases filed before
administrative or quasi judicial bodies, a fact maybe
deemed established if it supported by “ substantial
evidence” which means that amount of relevant
evidence which a reasonable mind might accept as
adequate to justify a conclusion.
 CHAPTER 2 MEDICAL AND HOSPITAL
JURISPRUDENCE
Medical Jurisprudence: Is the study of the Medical Law
and its applicable Jurisprudence, that governs, regulates,
and defines the practice of medicine.
 It includes the rights, duties, obligations and liabilities
of both physician and patient to each other in a
physician patient professional contract.
The Following Acts Constitute the Practice of Medicine:
(a) To physically examine and diagnose a patient.
(b) To physically examine and treat a patient
(c) To physically examine and perform surgery in a patient
(d) To physically examine and prescribe any remedy to a
patient.
(e) To offer and undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for
any human disease
 Any person who practice any of the above acts
enumerated, without any valid certificate of registration
as a physician, is practicing illegal medicine.
The Nature of the Physician Patient Professional
Relationship is
(a) Consensual – based on mutual consent of both patient
and physician.
 Contracts that are consensual in nature, are
perfected upon mere meetings of the minds
(b) Fiduciary – founded in trust, faith, and confidence
reposed by one person in the integrity and fidelity of
another.
DUTIES AND OBLIGATIONS OF THE PHYSICIAN
TOWARDS HIS PATIENTS:
(a) He must possess that knowledge and skill possessed
by an average physician.
(b) He must use such knowledge and skill with ordinary
care and due diligence.
(c) He is obliged to exercise his best judgment in good
faith.
(d) He has the duty to keep the secrets and
confidentialities of his patients.
The Terms and Conditions not included in the Physician
Patient Professional Relationship Contract
(a) any promise or guaranty by the physician that
treatment will be successful
(b) that treatment will benefit patient
(c) that treatment will produce certain results
(d) that treatment will not harm patient
(e) that doctor will cure the patient
(f) that doctor will not commit honest mistakes of
judgment
 The only promise or guaranty that the law requires is
that, the physician will treat the patient in accordance
with the standards of medical care.
PATIENTS RIGHTS RESPECTED BY PHYSICIANS:
(a) The right to appropriate medical care and humane
treatment.
(b) The right to his religious belief.
(c) The right to refuse treatment.
(d) The right to Informed Consent.
(e) The right to choose his physician.
(f) The right to medical records.
(g) The right to privacy and confidentiality.
(h) The right to a second or third opinion.
(i) The right to leave.
(j) The right to information.
(k) The right to self determination.
(l) The right to refuse participation in medical research
(m) The right to express grievance
(n) The right to be informed of his rights and obligations.
Obligations of the Patients to their Physicians
(a) Provide accurate and complete info
(b) Know and understand the terms and conditions that
are not included in the physician-patient relationship
(c) Understand the purpose and cost of treatment
(d) Settle their financial obligations
(e) Accept the consequences of his own informed consent
(f) Obligation to himself and others
(g) Exhaust grievance mechanism
(h) Report unexpected health changes
RIGHTS INHERENT IN THE PRACTICE OF MEDICINE:
(a) The right to choose his patients
(b) The right to limit the practice of his profession
(c) The right to determine appropriate treatment
procedures in the discretion and judgment of the
physician.
(d) The right to avail of hospital privileges after being
qualified.
(e) The right to receive just and fair compensation from
his patients.
Liabilities of a Physician Which May Arise from His Negligent
or Wrongful Acts or Omissions:
1. Administrative Liability – A complaint under oath can be
filed before the Professional Regulation Commission
Board of Medicine, for reprimand, of the license to
practice medicine.
2. Criminal Liability – When an act or omission constitutes
a crime, the physician can be imprisoned or fined or
both, as any other profession.
3. Civil Liability – he aggrieved party can be awarded
monetary damages for any wrongful or negligent act or
omission, when the professional is found guilty.
LEGAL JURISPRUDENCE
Champerty: the maintenance of a person in a lawsuit on
condition that the subject matter of the action is to be shared
with the maintainer
Maintenance: intermeddling of a disinterested party to
encourage a lawsuit
Barratry: bringing of vexatious litigation
Ambulance chaser: a person hired by an attorney to seek
out negligence cases at the scenes of accidents or in
hospitals where injured parties are treated
CASES
1. SC of British Columbia ruling No. 5 (Berry et al v.
Cypost et al)
 An assignment of cause of action will not be
champertous, if the assignee has a legitimate
commercial interest or pre-existing relationship with
the assignor

2. Leah Alesna Reyes et al v. Sisters of Mercy Hospital
FACTS: Petitioner, Leah Alesna Reyes, is the wife of the
deceased patient, Jorge Reyes. Five days before the
latter’s death, Jorge has been suffering from recurring
fever with chills. The doctors confirmed through the
Widal test that Jorge has typhoid fever. However, he did
not respond to the treatment and died. The cause of his
death was “Ventricular Arrythemia Secondary to
Hyperpyrexia and typhoid fever.” Consequently,
petitioner filed the instant case for damages before the
Regional Trial Court of Cebu City, which dismissed the
case and was affirmed by the Court of Appeals. The
contention was that Jorge did not die of typhoid fever.
Instead, his death was due to the wrongful
administration of chloromycetin. They contended that
had respondent doctors exercised due care and
diligence, they would not have recommended and
rushed the performance of the Widal Test, hastily
concluded that Jorge was suffering from typhoid fever,
and administered chloromycetin without first conducting
sufficient tests on the patient’s compatibility with said
drug.
RULING: There is no showing that the attending
physician in this case deviated from the usual course of
treatment with respect to typhoid fever. Jorge was given
antibiotic choloromycetin and some dose of triglobe after
compatibility test was made by the doctor and found that
no adverse reactions manifested which would
necessitate replacement of the medicines. Indeed, the
standard contemplated is not what is actually the
average merit among all known practitioners from the
best to the worst and from the most to the least
experienced, but the reasonable average merit among
the ordinarily good physicians. Here, the doctors did not
depart from the reasonable standard recommended by
the experts as they in fact observed the due care
required under the circumstances.
In Medical Negligence cases, it is incumbent upon the
plaintiff to establish that the usual procedure in treating
the illness is not followed by the doctor. Failure to prove
this, the doctor is not liable. Physicians are not insurers
of the success of every procedure undertaken and if the
procedure was shown to be properly done but did not
work, they cannot be faulted for such result.
3. Pedro Linsangan v. Atty. Nicomedes Tolentino
FACTS: In 2005, Atty. Pedro Linsangan filed an
administrative complaint against Atty. Nicomedes
Tolentino alleging that Atty. Tolentino, through his
paralegal Fe Marie Labiano, “pirated” a client of Atty.
Linsangan. Said client later executed an affidavit in
support of Atty. Linsangan’s allegations. Atty. Linsangan
also questioned the propriety of Labiano’s calling card
RULING: Atty. Tolentino violated Rule 8.02 of the Code
of Professional Responsibility. A lawyer should not steal
another lawyer’s client nor induce the latter to retain him
by a promise of better service, good result or reduced
fees for his services. By recruiting Atty. Linsangan’s
clients, Atty. Tolentino committed an unethical, predatory
overstep into another’s legal practice.
Atty. Tolentino violated Rules 1.03, 2.03, and 16.04 of
the Code of Professional Responsibility. Although Atty.
Tolentino initially denied knowing Labiano, he admitted
he actually knew her later in the proceedings. It is thus
clear that Labiano was connected to his law office.
Through Labiano’s actions, Atty. Tolentino’s law practice
was benefited. Hapless seamen were enticed to transfer
representation on the strength of Labiano’s word that
Atty. Tolentino could produce a more favorable result.
Labiano’s calling card is improper. The card made it
appear that the law office will finance legal actions for
the clients. The rule is, a lawyer shall not lend money to
a client except, when in the interest of justice, he has to
advance necessary expenses in a legal matter he is
handling for the client. The phrase in the calling card
which states “w/ financial assistance“, was clearly used
to entice clients (who already had representation) to
change counsels with a promise of loans to finance their
legal actions. However, since there is no substantial
evidence to prove that Atty. Tolentino had a personal
and direct hand in the printing of said calling cards, he
cannot be punished with severity.
4. Melody Nery v. Atty. Glicerio Sampana
FACTS: Melody Nery engages the services of Atty.
Glicerio Sampana for the annulment of her marriage and
for her adoption by an alien adopter. The petition for
annulment was granted. As for the adoption, Nery paid
Sampana P100,000 in installment without receipts since
she trusted Sampana. 3 months after the last installment
payment, Sampana sent a text message to Nery
informing her that the petition was already filed and
published. He told her that since was set on March 5,
2010 but since the hearing was only jurisdictional, her
presence was no longer required. Later, Nery inquired
from Branch 11 of Malolos Bulacan and discovered that
there was no petition filed in the court. Immediately,
Nery sought for the reimbursement of P100,000.
Sampana agreed but said that he would deduct the filing
fee worth P12,000.
RULING: Acceptance of money from a client establishes
an attorney-client relationship and gives rise to the duty
of fidelity to the client's cause. Thus he should have
observed CANON 15, 16, 17, 18, and Rule 18.03
A lawyer's failure to return upon demand the funds held
by him gives rise to the presumption that he has
appropriated the same for his own use, in violation of
the trust reposed in him by client and of the public
confidence in the legal profession. In the present case,
having no valid reason not to file the petition for
adoption, Sampana misinformed Nery of the status of
the petition.
5. Zarsona Medical Clinic v. PHIC
FACTS:
6. Professional Services v. CA
FACTS: Enrique Agana told his wife Natividad Agana to
go look for their neighbor, Dr. Ampil, a surgeon staff
member of Medical City, a prominent and known
hospital Natividad suffered from injury due to 2 gauges
left inside her body so they sued Professional Inc. (PSI)
Despite, the report of 2 missing gauzes after the
operation PSI did NOT initiate an investigation
RULING: The Court, while affirming the existing doctrine
that hospitals as a general rule are not civilly liable for
the tortuous acts of their medical consultants in view of
the absence of an employer-employee relationship
between, nonetheless made the following pro hac vice
doctrinal pronouncements on the liability of the
 respondent hospital based on the doctrines of
“ostensible agency” and “corporate negligence”, thus
this Court holds that PSI is liable to the Aganas, not
under the principle of respondeat superior for lack of
evidence of an employment relationship with Dr. Ampil
but under the principle of ostensible agency for the
negligence of Dr. Ampil and, pro hac vice, under the
principle of corporate negligence for its failure to perform
its duties as a hospital.
While in theory a hospital as a juridical entity cannot
practice medicine, in reality it utilizes doctors, surgeons
and medical practitioners in the conduct of its business
of facilitating medical and surgical treatment. Within that
reality, three legal relationships crisscross: (1) between
the hospital and the doctor practicing within its
premises; (2) between the hospital and the patient being
treated or examined within its premises and (3) between
the patient and the doctor. The exact nature of each
relationship determines the basis and extent of the
liability of the hospital for the negligence of the doctor.
Where an employment relationship exists, the hospital
may be held vicariously liable under Article 2176 in
relation to Article 2180 of the Civil Code or the principle
of respondeat superior. Even when no employment
relationship exists but it is shown that the hospital holds
out to the patient that the doctor is its agent, the hospital
may still be vicariously liable under Article 2176 in
relation to Article 1431 and Article 1869 of the Civil Code
or the principle of apparent authority. Moreover,
regardless of its relationship with the doctor, the hospital
may be held directly liable to the patient for its own
negligence or failure to follow established standard of
conduct to which it should conform as a corporation. It
should be borne in mind that the corporate negligence
ascribed to PSI is different from the medical negligence
attributed to Dr. Ampil. The duties of the hospital are
distinct from those of the doctor-consultant practicing
within its premises in relation to the patient; hence, the
failure of PSI to fulfill its duties as a hospital corporation
gave rise to a direct liability to the Aganas distinct from
that of Dr. Ampil.
7. Judge Priscilla Castillo vda De Mijares v. Justice Onofre
Villaluz
FACTS: Judge Mijares is actually widowed by the death
of her first husband, Primitivo Mijares. She obtained a
decree declaring her husband presumptively dead, after
an absence of 16 years. Thus, she got married to
respondent in a civil wedding on January 7, 1994 before
Judge Myrna Lim Verano. During their marriage,
complainant judge discovered that respondent was
having an illicit affair with another woman. Respondent
denied such rather he uttered harsh words to the
complainant judge. As a result, they lived separately and
did not get in touch with one another and the respondent
did not bother to apologize for what happened. Through
Judge Ramon Makasiar, complainant knew that
respondent married Lydia Geraldez. Complainant then
filed a complaint against respondent for disbarment for
the latter immorally and bigamously entered into a
second marriage while having a subsisting marriage and
distorted the truth by stating his civil status as single. In
his defense, he contended that his marriage to the
complainant judge was a “sham marriage”; that he
voluntarily signed the marriage contract to help her in
the administrative case for immorality filed against her
by her legal researcher.
RULING: Respondent is undeniably guilty of deceit and
grossly immoral conduct. The respondent made a
mockery of marriage which is a sacred institution
demanding respect and dignity. A former Judge of the
Circuit Criminal Court, and, thereafter, a Justice of the
Court of Appeals is surely conversant with the legal
maxim that a wrong cannot be righted by another wrong,
if granted that he was just helping the complainant in
the administrative case filed against her. The respondent
gave his voluntary consent to the marriage, and with all
the legal requisites for the marriage present, he should
have known that his marriage with the complainant was
valid.
The respondent stated under oath that his marriage with
Librada Peña had been annulled by a decree of
annulment, when he (respondent) took Lydia Geraldez
as his wife by third marriage, and therefore, he is
precluded, by the principle of estoppel, from claiming
that when he took herein complainant as his wife by
second marriage, his first marriage with Librada Peña
was subsisting and un-annulled.
8. Mauricio Ulep v. Legal Clinic Inc
FACTS: Petitioner prays that respondent cease and
desist from issuing ads similar to annexes A and B and
to prohibit them from making ads pertaining to the
exercise of the law professions other than those
allowed by law
Annex A SECRET MARRIAGE? P560 for a valid
marriage Info on DIVORCE. ABSENCE. ANNULMENT.
VISA. THE LEGAL CLINIC, INC
Annex B GUAM DIVORCE DON PARKINSON An Atty in
Guam, is giving FREE BKS on Guam Divorce thru the
Leg Clinic
RULING The advertisement of the respondent is
covered in the term practice of law as defined in the
case of Cayetano vs. Monsod. There is a restricted
concept and limited acceptance of paralegal services in
the Philippines. It is allowed that some persons not duly
licensed to practice law are or have been permitted with
a limited representation in behalf of another or to render
legal services, but such allowable services are limited in
scope and extent by the law, rules or regulations
granting permission therefore. The Canons of
Professional Ethics, before the adoption of the CPR,
had also warned that lawyers should not resort to
indirect advertisements for professional employment,
such as furnishing or inspiring newspaper comments, or
procuring his photograph to be published in connection
with causes in which the lawyer have been engaged of
concerning the manner of the conduct, the magnitude of
the interest involved, the importance the lawyer's
position, and all other like self-laudation. However,
taking into consideration the nature and contents of the
advertisements for which respondent is being taken to
task, which even includes a quotation of the fees
charged by said respondent corporation for services
rendered, the court found and held that the same
definitely do not and conclusively cannot fall under any
of the exceptions.

CHAPTER 3 DEATH
Death: irreversible and perpetual absence of lung and heart
function and loss of brain function
 Complete cessation of all the vital functions of the
body without possibility of resuscitation.
 The ascertainment of death is a medical and not a
legal problem
Legal Presumption of Death: If absent without explanation
from his or her usual or last place of residence for a long
continuous period.
 Circumstantial proof of death
 Rules of Evidence in Rule 131, section 5 paragraph X,
paragraph JJ, and paragraph KK.
 In common law the presumption of death does not
arise until the expiration of seven years of continuous
absence.
Types of death
(a) Brain Death – occurs when there is a deeply
irreversible coma, and absence of electrical brain
activity.
(b) Cardio Respiratory Death – occurs when there is
continuous and persistent cessation of heart action
and respiration.
4 Kinds of Death:
Clinical or Somatic Death
 This particular kind of death occurs when in the
judgment of the physician with the use of his clinical
eye the body’s vital signs of life cease to exist
continuously and permanently.
 The clinical death is verifiable only by a physician after
he observes that the patient no longer has a heart
beat no pulse rate, no spontaneous breathing and
movement, with the pupils of the eye widely dilated
and not reactive to light and accommodation.
 When a clinically dead person is brought to the
morgue the generalized contraction of the muscles or
Rigor Mortis of the body within 3 to 6 hours, may
simulate a return to life, because of the motion or
movement of the body.
BRAIN DEATH
 This kind of death follows clinical death – almost
immediately unless resuscitative procedures are
started promptly, because the human brain under
normal conditions cannot survive loss of oxygen for
more than 6 to 10 minutes.
 Brain Death may occur in the
o Stage 1 – Cerebral Cortex- the highest center
of the brain that is most sensitive to changes in
the supply of oxygen and blood to the brain.
When the cerebral cortex dies, the patient is in
cortical death.
o Stage 2 - Cerebellum – It deals with the
function of equilibrium. It follows the death of
the cerebral cortex.
o Stage 3 – Brainstem and Vital centers – These
centers controlling respiration, heart rate and
blood pressure, ultimately die. When it does,
the patient is, Brain Stem Dead.
 If the brain stem is damaged, then the
vital centers in the medulla maybe
destroyed, causing the respiratory center
to fail.
 The occurrence of brain stem death is
equivalent to Legal Death, so that Doctors
can now issue a Death Certificate, even
though the heart is still beating, and make
arrangements to harvest donor organs
and tissues at this stage.
 Further, in the presence of brain stem
death, artificial respirators only achieve
the maintenance of an oxygenated
circulation through a corpse or cadaver.
CRITERIA FOR DIAGNOSING BRAIN STEM DEATH
(a) Patient must be in deep coma which is not due to
depressant drugs, metabolic or endocrine disorders
(b) Patient must be on artificial respirator
(c) Defensable diagnosis must be available and due to
irremediable brain damage
(d) Diagnostic test for brain stem damage must be
unequivocally positive as determined by 2 doctors
Persistent Vegetative State ( PVS )
 This condition exists, when irreversible destruction of
the Cortex of the brain occurs without damage to the
vital centers, and there are permanent eyes – open
state of unconsciousness, but cardio respiratory
functions continue, sometimes without respiratory
assistance, but most often with respiratory support.
 They do not however match the clinical criteria of
Brain Death, in as much as they have elicitable
reflexes, spontaneous respirations and reactions to
external stimuli.
HARVARD CRITERIA OF WHOLE BRAIN DEATH:
1. Unreceptivity and Unresponsitivity
2. No spontaneous movements or breathing
3. No reflexes
4. Flat EEG of Confirmatory value
5. Must be confirmed by 2 EEGs taken at least 24 hours
apart
WHOLE BRAIN DEAD: When the brain ceased all functions,
even though the heart continues to beat. As a rule doctors
can legally declare whole brain death twelve hours after they
have corrected all treatable medical problems, but the brain
still doesn’t respond even to induced pain , they eyes do not
react to light and the person doesn’t breath without a
respirator.
BIOLOGICAL DEATH: All the components of the brain are
dead
 There is also permanent extinction of bodily life.
 It is cardiorespiratory and brain death altogether with
permanent cessation of all the anatomic and
physiological functions of the body organs.
CELLULAR DEATH: The death of the different parts of the
body occurs at different times and stages.
 This is the reason why such organs as the corneas
and the kidneys can be removed immediately after
biological death and transplanted successfully.
SIGNS OF DEATH:
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body (Algor Mortis) – The temperature
of 15 – 20 degrees Fahrenheit is considered as a
certain sign of death.
 4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye (tache noir de la
sclerotique – oval or triangular spot with the base
towards the cornea appearing in the sclera a few
hours after death)
CHANGES IN THE BODY FOLLOWING DEATH
1. Changes in the Muscle
a. Stage of primary flaccidity
b. Cadaveric rigidity or rigor mortis – muscular
contraction which develops 3 to 6 hours after death
and may last for 24 to 36 hours.
 may also be utilized to approximate the
length of time the body has been dead
from 3 to 36 hours
c. Stage of secondary flaccidity or commencement of
putrefaction
Cadaveric Spasm- is the immediate or instantaneous
spasm or rigidity of the skeletal muscles occurring at the
moment of death due to exhaustion, etc.
2. Changes in the Blood
a. Coagulation of the blood
b. Postmortem lividity or Livor Mortis
3. Autolytic or Auto Digestive Changes After Death
4. Putrefaction of the Body
Kinds of Putrefaction:
(a) Mummification
(b) Saponification – This is also called Adipocere
Formation.
(c) Maceration
Factors to Consider in Approximating the Duration of Death
in a Cadaver
1. Entomology – The presence of maggots in the cadaver
indicates duration of death for more than 24 hours
2. Presence of live Fleas in clothing – in death by
drowning, a flea can survive for about 24 hours
submerged in water. After 24 hours submersion in
water the fleas die.
3. Blood vessel clots – blood clotting occurs in 6 -8 hours
after death.
4. Post Mortem lividity – develops in 3 to 6 hours after
death.
5. Rigor Mortis- begins to develop in 3 to 6 hours after
death and may last for 24 to 36 hours after death.
6. Onset of decomposition – Decomposition takes place
within 24 – 48 hours after death.
7. Food in the stomach
8. Skeletal soft tissues – soft tissues may disappear from
1.5 years to 2 years after burial.
MEDICOLEGAL IMPORTANCE OF RIGOR MORTIS AND
CADAVERIC SPASM:
 Rigor mortis is utilized to approximate the time of
death. Generalized muscular contractions occur from
3 to 6 hours until 36 hours.
 Cadaveric spasm occurs immediately after death and
is useful to ascertain the circumstances of death.
Medico Legal Investigation of Death
 Deaths which are not obviously due to natural causes,
but are criminal, suspicious, accidental, suicidal,
murderous, homicidal, sudden or unexpected, or
unexplained, need medico legal investigation.
Death Certificate: legal document necessary for burial of
the dead, as it certifies the occurrence of death. It is a
document from the Office of the Civil Registrar General,
listing the particulars of an individual’s death.
It contains the Immediate Cause or Primary cause of death,
the antecedent causes and underlying cause of death
Antecedent Cause of Death are events or conditions that
substantially contribute to the immediate cause of death
Underlying Cause of Death is the basic cause or bottom
line cause of death. It is the diagnosis of the patients or
victim’s illness or sickness that resulted to his death
Death Warrant – is a warrant from the proper executive
authority appointing the time and place for the execution of
the sentence of death upon a convict judicially condemned to
suffer death.
Manner of Death: Is the explanation as to how the cause of
death arose, and maybe either Natural Death or Violent
Death
Lazarus Syndrome: Is also called Lazarus Phenomenon is
the spontaneous return of circulation after failed attempts at
resuscitation.
 raise ethical and legal issues for doctors, who must
determine when medical death has occurred, when
resuscitation efforts should end, and post mortem
procedures such as autopsies and organ harvesting
may take place.
Lazarus Sign: Lazarus sign or Lazarus reflex is a reflex
movement in brain dead patients, which causes them to
briefly raise their arms and drop them crossed on their
chests.
 The phenomenon has been observed to occur several
minutes after the removal of medical ventilators used
to pump air in and out of brain dead patients to keep
their bodies alive.
NEAR DEATH EXPERIENCE: Refers to a broad range of
personal experiences associated with impending death,
encompassing multiple possible sensations including
detachment from the body; feelings of levitation etc.
EUTHANASIA: Meaning good death ( well or good )
 Refers to the practice of ending life in a painless
manner.
 Deliberate intervention undertaken with the express
intention of ending life, to relieve intractable suffering
Classification of Euthanasia:
(a) Voluntary euthanasia – is euthanasia conducted with
consent
(b) Involuntary euthanasia
 is euthanasia conducted without consent.
 It is conducted where an individual makes a
decision for another person incapable of doing
so.
 also known as physician assisted death,
physician assisted suicide or mercy killing.
(c) Passive euthanasia – entails withholding of common
treatments
(d) Active euthanasia – entails the use of lethal
substances or forces to end life and is the most
controversial means.

CHAPTER 4 REGIONAL TRAUMA
Trauma: is the leading cause of death in the first four
decades of life and the 3rd leading cause of death in all age
groups today.
 enetrating trauma particularly handguns is
becoming common in nearly all areas of the
country.
Trimodal Distribution of Death from Trauma:
(a) Seconds to minutes of injury – due to the injury to the
brain, high spinal cord, heart, aorta and other large
vessels. These patients can rarely be salvaged
(b) Minutes to Few hours from injury (The Golden Hour) –
It is in this period that Advanced Trauma Life Support
(ATLS) techniques are important.
(c) Several days to weeks of Injury – these are due to
sepsis or organ failure.
SPECIFIC INJURIES
1. Head
a. Types of Head Injuries:
a.1 Hematoma
a.2 Contusions
a.3 Skull fractures
a.4 Hemorrhage
2. Spine and Spinal Cord Injuries – The most common
causes of severe spinal trauma are motor vehicular
accidents, falls, diving accidents, and gunshot wounds
3. Chest
a. Life Threatening Injuries
Pnumothorax
Hemothorax
Flail chest as in multiple rib fractures Cardiac
tamponade due to penetrating injuries
b. Potentially Lethal Injuries
b.1. Pulmonary Contussion with or without flail
chest
b.2. Thoracic Aortic Tear or Rupture – the most
common cause of sudden death after a vehicular
accident or fall ( major decelaration injury )
c. Serious Chest Injuries
4. Abdomen
Types of Injuries:
a. Penetrating
 Gunshot wounds of the abdomen carry
95% probability of significant visceral
injury
 A bullet when it hits the abdomen will
penetrate the abdominal wall, enter the
abdominal cavity and most likely injure
more than one organ.
 The incidence of abdominal injury is
strikingly higher in gunshot wounds than
in stab wounds.
 The major cause of death is
hemorrhage and this occurs within the
first 24 hours
 In stab wounds of the abdomen , only
2/3 penetrate the peritoneal cavity; of
these only ½ cause significant visceral
injury that requires surgical repair.
b. Blunt
 The spleen and liver are the most
commonly injured organs due to blunt
trauma.
 Their frequent incidence also explains
why the mortality rate following blunt
trauma is higher than that of penetrating
injury.
5. Fractures and Dislocations – The word fracture comes
from the Latin word “fractura” which means a break in
the continuity of the bone. It is also a combination of a
break in the bone and soft tissue injury
a. Open Fractures - 90% of open fractures are
caused by vehicular accident.
b. Hip fractures are very common in elderly people
and are usually caused by minor falls. It is the most
common cause of traumatic death after the age of
75.
6. Urologic
 Hematuria following trauma
 Blunt kidney injury is usually due to motor vehicular
accidents which account for 70 – 90 % of kidney
trauma.
 Penile injury:
7. Arterial trauma
8. Burns
CLASSIFICATION OF WOUNDS
1. AS TO LEGAL CLASSIFICATION
Chapter 1 DESTRUCTION OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical Injuries Inflicted
Under Exceptional Circumstances
c. Article 248. MURDER – Any person who, not
falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall
be punished by Reclusion Perpetua, to death if
committed with any of the following attendant
circumstances;
With treachery
In consideration of a price, reward or
promise
By me ans of inundation etc.
On occasion of any of the calamities etc.
With evident premeditation
With cruelty etc
d. Article 249 HOMICIDE
e. Article 251. Death Caused in a Tumultous
Affray
f. Article 252. Physical Injuries Inflicted In a
Tumultuous Affray
g. Article 253. Giving Assistance to Suicide
h. Article 254. Discharge of Firearms
i. Article 255. Infanticide
j. Article 256. Intentional Abortion
k. Article 257. Unintentional Abortion – who shall
caused an abortion by violence but not
intentional.
l. Article 258. Abortion Practiced by the Woman
Herself or By Her Parents
m. Article 259. Abortion Practiced by a Physician
or Midwife and Dispensing of Abortives
n. Article 260. Responsibility of Participants in a
Duel
o. Article 261. Challenging to a Duel
CHAPTER 2 PHYSICAL INJURIES
a. Article 262. Mutilation – Any person who shall
intentionally mutilate another by depriving him,
 either totally or partially, of some essential
organ of reproduction.
b. Article 263. Serious Physical Injuries – Any
person who shall wound, beat, or assault
another, shall be guilty of the crime of serious
physical injuries
c. Article 264. Administering Injurious Substances
or Beverages
d. Article 265. Less Serious Physical Injuries –
Any person who shall inflict upon another
physical injuries which shall incapacitate the
offended party for labor for 10 days or more, or
shall require medical attendance for the same
period
e. Article 266. Slight Physical Injuries and
Maltreatment. – When the offender has inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine days,
or shall require medical attendance during the
same period.
Chapter 3, RAPE – When and How rape is committed: By
a man who shall have carnal knowledge of a woman
under any of the circumstances
a. Through force, threat, or intimidation
b. When the offended party is deprived of reason or
otherwise unconscious
c. By means of fraudulent machinations or grave
abuse of authority
d. When the offended party is under twelve ( 12 )
years of age or is demented, even though none of
the circumstances mentioned above is present.
By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act
of sexual assault by inserting his penis into another
person’s mouth or anal orifice or any instrument or
object into the genital or anal orifice of another person.
Classification of Wounds
AS TO THE DEPTH OF THE WOUND
a. Superficial – When the wound involves only the layer
of the skin
b. Deep – When the wound involves the structures
beyond the layers of the skin.
b.1 Penetrating – the wound enters the body but does
not come out. Punctured, stab and gunshot wounds
usually belong to this type of wound.
b.2 Perforating – there is a communication between
the outside, inner and the outer side. There is both a
point of entry and exit.
AS TO MORTALITY
a. Deadly Wound- Death results immediately, after the
infliction of the wound. Deadly wounds though mortal,
maybe prevented with prompt medical treatment.
b. Non Deadly Wounds – Does not result to death
immediately, after the wound is inflicted. A non deadly
wound may cause death later, due to complications
i.e. tetanus, septicemia
AS TO THE WOUNDING INSTRUMENTS USED:
a. Sharp Instruments – Ex. incised wound, punctured
wound, stab wound dagger or kitchen knife
b. Blunt Instruments – A block of wood or iron produces
contusion, hematoma, abrasions, lacerated wound
when used to strike, attack, wound, beat or assault
another
AS TO THE CONSEQUENTIAL INJURY AFTER THE
APPLOCATION OF FORCE
a. Coup Injury : consequential injury is found at the site
of the application of force
b. Coup Centre Coup Injury
c. Contre Coup Injury
d. Locus Minoris resistancia
e. Extensive injury
AS TO THE INTEGRITY OF THE SKIN
A. CLOSED WOUNDS – Presents no break in the
integrity or continuity of the skin. There maybe only
outward manifestations of injury internally.
Cerebral Concussion – there is a brief loss of consciousness
and sometimes memory after a head injury that doesn’t
cause obvious physical damage.
Cerebral Contusion – they are bruises to the brain, usually
caused by a direct, strong blow to the head. They are more
serious than concussions.
B. OPEN WOUNDS: There is a break in the continuity of
the skin
B.1. Abrasion – Scratch, friction mark
B.2. Bruise – cause by a blunt injury to the tissues
which damage blood vessels beneath the surface,
allowing blood to extravasate or leak into the
surrounding tissues.
B.3. Incised wound
B.4. Stab wound
B.5. Punctured wound
B.6. Perforating wound
B.7. Lacerated wound – result of an injury from a
blunt instrument. In cerebral laceration, the brain
tissue is torn often with an accompanying visible
head wounds and skull fractures.
B.8. Bites – they maybe abraded, bruised or rarely
lacerated. They are usually seen in sexual assaults
and in child abuse and also by animal bites
B.9. Gunshot wounds
TEST FOR THE PRESENCE OF POWDER RESIDUES:
1. Paraffin test or Dermal Nitrate test – present on the
skin of the hand dorsum or site of the wound of
entrance. This test is not conclusive because
fertilizers, cosmetics, cigarettes, urine and other
nitrogenous compounds with nitrates will give a
positive reaction. A negative test is also not conclusive
The test usually gives a positive result even after a
lapse of 3 days or even if the hands are subjected to
ordinary washing
2. Use of Scanning Electron Microscope with a linked
X – ray analyzer. This method appears to be more
specific but seldom used because the instrument is
expensive.
SPECIAL TYPES OF WOUNDS
1. Assailant’s wounds – these wounds are sustained by
the assailant from the victim, while the former is in the
process of attacking, wounding, assaulting, beating or
killing his victim.
2. Defense wounds – in the process of defending
himself from the attacks, assault, wounding, beating or
violence of the assailant, the victim sustains defensive
wounds usually in the upper extremities.
3. Victim’s wounds – these are wounds sustained by
the victim, from the assailant, the former not having
the chance or opportunity to defend himself. The
victim’s wounds maybe located in any part of the body.
4. Self – Inflicted wounds – these are wounds self
inflicted by the person on himself. The wounds are
usually found on the accessible parts of the body,
usually with no intention to kill himself. Unless the
 victim is insane, self inflicted wounds are for a
fraudulent or self serving purpose.
5. Homicidal wounds – these are the serious wounds
sustained by the victim resulting to his death, from the
criminal assailant. Usually the wounds are situated in
the areas of the neck, chest, the abdomen and the
skull.
6. Accidental wounds – these wounds are sustained by
the victim, without any fault or intention whatsoever on
the part of the accused to inflict the wounds on the
victim. The wounds are usually located on any part of
the victim’s body.
7. Suicidal wounds – these are wounds self inflicted by
the victim on himself, and usually seen on the temple,
the roof of the mouth, and other fatal body areas,
accessible to the hand of the victim.
CASES
1. People v. Jenny Likiran
FACTS: he incident that led to the death of Sareno
happened on the wee hours of March 19, 2000 in
Barangay Bugca-on, Lantapon, Bukidnon. It was the
eve of the town fiesta and a dance was being held at
the basketball court. Prosecution witnesses
Dagangon, Mercado, and Goloceno testified that on
said night, they were at the dance together with
Sareno at around 8:00 p.m. After a few hours, while
Mercado and Goloceno were inside the dance area,
Jerome Likiran, the accused's brother, punched
Mercado on the mouth. Goloceno was about to assist
Mercado when he saw that Jerome was armed with a
short firearm while the accused was holding a hunting
knife, so he backed off. Dagangon and Sareno, who
were outside the dance area, heard the commotion.
Afterwards, Jerome approached Sareno and shot him
several times. With Sareno fallen, the accused
stabbed him on the back.
RULING: the accused is criminally liable for the
natural and logical consequence resulting from his act
of stabbing Sareno. It may be that he was not the
shooter, it is nevertheless true that the stab wound he
inflicted on Sareno contributed to the latter’s death. If a
person inflicts a wound with a deadly weapon in such
a manner as to put life in jeopardy and death follows
as a consequence of their felonious act, it does not
alter its nature or diminish its criminality to prove that
other causes cooperated in producing the factual
result. The offender is criminally liable for the death of
the victim if his delictual act caused, accelerated or
contributed to the death of the victim.
CHAPTER 5 COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002
REPUBLIC ACT 9165
A DANGEROUS DRUG is a drug whose use is attended by
risk and therefore is unsafe, perilous and hazardous to
people and society.
A DRUG is any substance , vegetable, mineral or animal in
origin, used in the composition or preparation of medicines
or any substance used as medicines.
The Dangerous Drug Act of 1972, include the following
Dangerous Drugs as follows:
A. PROHIBITED DRUGS
 Opium and its active components and derivatives
such as heroin and morphine.
 Coca leaf and its derivatives, principally cocaine.
 Hallucinogenic drugs such as mescaline, lysergic
acid diethylamide (LSD) and other substances
producing similar effects.
 Other drugs whether natural or synthetic with the
physiological effects of a narcotic drug.
B. REGULATED DRUGS
 Self inducing sedatives such as secobarbital,
phenobarbital, pentobarbital, barbital and any drug
which contains salt or derivative of a salt of
barbituric acid.
 Any salt of amphetamine such as Benzedrine or
any drug which produces a physiological action
similar to amphetamine.
 Hypnotic drugs, such as methaqualone producing
similar physiologic effects.
Two Classes of Drug Dependence:
a. Drug Addiction – is a state of periodic or chronic
intoxication produced by the repeated consumption of
a drug, whether synthetic or natural and found to be
detrimental to the individual and to the society.
Characteristics of Drug Addiction:
 An overpowering desire or need to continue
taking the drug or to obtained it by any means.
 a tendency to increase the dose.
 a psychological and physical dependence on the
effects of the drug.
 a detrimental effect to the society and to the
individual
b. Drug Habituation – is the desire to have a continuous
use of the drug but with the capacity to refrain
physically from using it.
Characteristics of Drug Habituation:
 The desire to use the drug is not compulsive but
merely psychical.
 There is little or no tendency to increase the dose
 The detrimental effect if any, is primarily on the
individual.
UNLAWFUL ACTS AND PENALTIES IN THE DANGEROUS
DRUGS ACT OF 2002
1. Importation of Dangerous Drugs and or Controlled
Precusors and Essential Chemicals.
2. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and or Controlled Precursors and essential Chemicals.
3. Maintenance of a Den, Dive or Resort
4. Employees and Visitors of a Den, Dive or Resort
5. Manufacture of Dangerous Drugs and or Controlled
Precursors and Essential Chemicals
6. Illegal Chemical Diversion of Controlled Precursor and
Essential Chemicals
7. Manufacture or Delivery of Equipment, Instrument,
Apparatus and Other paraphernalia for Dangerous
Drugs and or Controlled Precursors and Essential
Chemicals
8. Possession of Dangerous Drugs
9. Possession of Equipment, Instrument , Apparatus and
Other Paraphernalia for Dangerous drugs.
10. Possession of Dangerous D During Parties, Social
Gatherings or Meetings
11. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings
12. Use of Dangerous drugs
13. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources thereof
14. Failure to Maintain and Keep the Original Records of
transactions on Dangerous drugs and or Controlled
Precursors and Essential chemicals
15. Unnecessary Prescription of Dangerous Drugs
16. Unlawful Prescription of Dangerous drugs
THE CUSTODY AND DISPOSITION OF CONFISCATED,
SEIZED AND OR SURRENDERED DANGEROUS DRUGS,
PLANT SOURCES OF DANGEROUS DRUGS,
CONTROLLES PRECURSORS AND ESSENTIAL
CHEMICALS, INSTRUMENTS AND PARAPHERNALIA AND
OR LABORATORY EQUIPMENT – The PDEA shall take
charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
essential chemicals, as well as Instruments paraphernalia
and laboratory equipment so confiscated, seized and or
surrendered, for proper disposition in the following manner
( Refer to Book ).
PHARMACOLOGIC CLASIFICATION OF DANGEROUS
DRUGS
(a) Hypnotics – Opiates and Their Derivatives – Opium is
obtained from the milky exudates of the unripe seed
capsules of the poppy plant, Papaver Sornoiferum.
(b) Sedatives and Tranquilizers – Barbiturates: - are the
products of malonic acid and urea, synthesized on St.
Barbara day
(c) Hallucinogens and Psychomimetics – Marijuana –
( Cannabis Sativa ) is a Mexican term for pleasurable
feeling. Marijuana is not addictive. Physical
dependence and dose tolerance do not develop with
its use. Psychic dependence may occur.
(d) Stimulants - Amphetamines – methamphetamines
( Shabu, speed); methylenedioxymethamphetamine
( MDMA, ecstasy or Adam )
 Acts on the cerebral cortex causing alertness,
excessive self confidence and feeling of well
being. Physical performance may to some
degree temporarily improve.
(e) Depressants – Depresses the brain and abusers
usually become confused and disoriented shortly after
taking the drug
(f) Deliriants and Intoxicants
CASES
1. Jaime Dela Cruz v. People
FACTS: The petitioner here was Jaime De La Cruz, a
police officer, who was charged of violation of Sec 15,
Art 2 of RA 9165 or “Comprehensive Dangerous Drugs
Act of 2002”. According to the prosecution, the NBI
received a complaint from Corazon and Charito that
Ariel, who was the live-in partner of Corazon and the
son of Charito was picked up by unknown persons
whom were believed to be police officers for allegedly
selling drugs. After that, an errand boy came and gave a
phone number to the complainants. During the call,
complainants were instructed to go to Gorordo Police
Office wherein they met James who demanded them
money worth P100,000 which was lowered to P40,000
in exchange of the release of Ariel. After the meeting,
they went to the NBI to file a complaint. Thus, the NBI
conducted an entrapment operation. During the course
of entrapment, the officers were able to nab Jaime Dela
Cruz by using a pre-marked 500 bill dusted with
fluorescent powder which was made part of the amount
demanded by James and handed by Corazon. After
that, petitioner Jaime was required to submit his urine
for drug testing which produces a positive result for
having presence of dangerous drug. However, petitioner
denied the charge against him.
RULING: No. Drug test can be made upon persons who
were apprehended or arrested under the situations
listed in Art 2 of RA 9165. It must be noted that the
accused was here was arrested in the alleged act of
extortion. Extortion is not listed in Art 2 of RA 9165.
Thus, drug test in Sec 15 does not cover persons
apprehended or arrested for any crime, but only for
unlawful acts listed under Art 2 of RA 9165.
CHAPTER 6 SEXUAL DYSFUNCTIONS AND SEXUAL
CRIMES
CASES
1. Ruby Vera-Neri v. People and CA
FACTS: A criminal complaint for adultery was filed by
Dr. Neri (husband) against Ruby (wife) and Arroyo
(petitioner). After trial, the Regional Trial Court
convicted the petitioner and the wife, based, among
others on the wife's admission to her husband that she
sex with petitioner Arroyo. This decision was affirmed
by the Court of Appeals. The wife later filed a motion
for reconsideration or new trial contending that a
pardon had been extended by her husband. The
husband filed a manifestation praying for the dismissal
of the case as he had "tacitly consented" to his wife's
infidelity.
RULING: The husband is not precluded under the
Rules of Court from testifying against his wife in
criminal cases for a crime committed by one against
the other (Section 22, Rule 129, Revised Rules of
Court). In short, the trial court and the Court of
Appeals did not err in admitting Dr. Neri's testimony as
he was a competent witness.
2. Ma. Victoria Ventura v. Atty. Danilo Samson
 FACTS: Sometime in December 2001, at around
midnight, while Ventura was sleeping in the maid’s
room at respondent’s house when respondent entered
and went on top of her. Respondent kissed her lips,
sucked her breast, and succeeded in having sexual
intercourse with her. She felt pain and found blood
stain in her panty. Respondent asked her to go with
him to the farm. He brought her to an old shanty where
he sexually abused her. Thereafter, respondent gave
her five hundred pesos and warned her not to tell
anyone what had happened or he would kill her and
her mother.

RULING: From the undisputed facts gathered from the

evidence and the admissions of respondent himself,
we find that respondent’s act of engaging in sex with a
young lass, the daughter of his former employee,
constitutes gross immoral conduct that warrants
sanction. Respondent not only admitted he had sexual
intercourse with complainant but also showed no
remorse whatsoever when he asserted that he did
nothing wrong because she allegedly agreed and he
even gave her money. Indeed, his act of having carnal
knowledge of a woman other than his wife manifests
his disrespect for the laws on the sanctity of marriage
and his own marital vow of fidelity. Moreover, the fact
that he procured the act by enticing a very young
woman with money showed his utmost moral depravity
and low regard for the dignity of the human person
and the ethics of his profession.

The practice of law is a privilege burdened with

conditions. Adherence to the rigid standards of mental
fitness, maintenance of the highest degree of morality
and faithful compliance with the rules of the legal
profession are the conditions required for remaining a
member of good standing of the bar and for enjoying
the privilege to practice law.

3. Silverio v. Republic

FACTS: On November 26, 2002, Silverio field a

petition for the change of his first name “Rommel
Jacinto” to “Mely” and his sex from male to female in
his birth certificate in the RTC of Manila, Branch 8, for
reason of his sex reassignment. He alleged that he is
a male transsexual, he is anatomically male but thinks
and acts like a female. The Regional Trial Court ruled
in favor of him, explaining that it is consonance with
the principle of justice and equality. The Republic,
through the OSG, filed a petition for certiorari in the
Court of Appeals alleging that there is no law allowing
change of name by reason of sex alteration. Petitioner
filed a reconsideration but was denied. Hence, this
petition.

RULING: No. A change of name is a privilege and not

a right. It may be allowed in cases where the name is
ridiculous, tainted with dishonor, or difficult to
pronounce or write; a nickname is habitually used; or if
the change will avoid confusion. The petitioner’s basis
of the change of his name is that he intends his first
name compatible with the sex he thought he
transformed himself into thru surgery. The Court says
that his true name does not prejudice him at all, and
no law allows the change of entry in the birth
certificate as to sex on the ground of sex
reassignment. The Court denied the petition.