Types of Medical Evidence

TYPES OF MEDICAL EVIDENCE
1. Autoptic or Real Evidence – 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. (Sec.1, Rule 130)
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 delicacy may cause inhibition
of its presentation.
Ex: Court may not allow exposure of the genitalia of an alleged victim of sexual offense
to show the presence and degree of the genitalia and extra-genitalia injuries suffered.
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 or 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 commanded to appear before a court to give

his testimony. His testimony must be given orally and under oath or affirmation.
A physician may be presented in court as an ordinary witness and/or as an expert witness:
ORDINARY WITNESS EXPERT WITNESS

A physician who testifies in A physician on account of his
court on matters perceived training and experience can give
from his patient in the his opinion on a set of medical
course of physician-patient facts. He can deduce or infer
relationship. something, determine the cause
(Sec. 20, Rule 130, Rules of of death, or render opinion
Court) pertinent to the issue and medical
nature.
Exception: Privilege of (Sec. 48-49, Rule 130)
Communication between
physician and patient. The probative value of the expert
(Sec. 24 c, Rule 130) 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 or falsity of
his testimony.
3. Experimental Evidence – A medical witness may be allowed by the court to confirm his
allegation or as a corroborated proof to an opinion he previously stated.
4. Documentary Evidence- Medical Documentary Evidence may be:

a. Medical Certification or Report on:
i. Medical examination
ii. Physical examination
iii. Necropsy/ autopsy
iv. Laboratory
v. Exhumation
vi. Birth
vii. Death
b. Medical Expert Opinion
c. Deposition
5. Physical Evidence – these are articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances
under which the crime was committed, or in general assist in the prosecution of a criminal.
Criminalistics - is the identification, collection, preservation and mode of presentation of physical
evidence. It is the application of sciences such as physics, chemistry, medicine and other biological
sciences in crime detection and investigation.
Type of Physical Evidence:

a. Corpus Delicti Evidence – objects or substances which may be a part of the body of
the crime.
b. Associative Evidence - these are physical evidence which link a suspect to the
crime.
c. Tracing Evidence - these are physical evidence which may assist the
investigator in locating the suspect.
PRESERVATION OF EVIDENCE
The physical evidence recovered during medico-legal investigation must be preserved to maintain their
value when presented as exhibits in court.
Methods of Preserving Evidence

1. Photographs, audio and/or video tape, micro-film, Photostat, Xerox, voice tracing, etc.
2. Sketching- rough drawing of the scene or object to be preserve is done. It must be simple,
identifying significant items and with exact measurement.
Kinds of Sketch:
Rough Sketch- made at the crime scene or during examination of living or dead body.
Finished Sketch- sketch prepared from the rough sketch for court presentation.
Essential Elements to be Included in a Sketch:
a. Measurement must be accurate;
b. Compass direction must always be indicated to facilitate proper orientation in the case of
crime scene;
c. Essential item which has a bearing in the investigation must be included;
d. Scale and proportion must be stated by mere estimation;
e. There must be a title and legend to tell what it is and the meaning of certain marks indicated
therein.
3. Description- putting into words the person or thing to be preserved. It must cause a vivid
impression on the mind of the reader, a true picture of the thing described.
Minimum Standard Requirements which must be satisfied in the description of the person or
thing to make it complete:
a. Skin Lesion
b. Penetrating wound
c. Hymenal Laceration
d. Person
4. Manikin Method- miniature model of a scene or of a human body indicating marks of a
various aspects of the things to be preserved.
5. Preservation in the Mind of the Witness
Drawbacks of preserving evidence in the mind of the witness:

The capacity of a person to remember time, place and event may be destroyed or
modified by the length of time, age of the witness, confusion with other evidence,
trauma or disease, thereby making the recollection not reliable;
The preservation is co-terminus with the life of the witness.
Human mind can easily be subjected to too many extraneous factors that may
cause distortion of the truth.
6. Special Methods- Special way of treating certain type of evidence may be necessary.
Preservation may be essential from the time it is recovered to make the condition unchanged
up to the period it reaches the criminal laboratory for appropriate examination.
Special Ways of Preservation:

a. Whole human body- embalming.
b. Soft tissues (skin, muscles, visceral organs) – 10% formalin solution.
c. Blood- refrigeration, sealed bottle container, addition of chemical preservatives.
d. Stains (blood, semen) – drying, placing in sealed container.
e. Poison- sealed container.

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TYPES OF MEDICAL EVIDENCE

Limitations to the Presentation of Autoptic Evidence:

2. Testimonial Evidence – a physician may be commanded to appear before a court to give

A physician may be presented in court as an ordinary witness and/or as an expert witness:

ORDINARY WITNESS EXPERT WITNESS

4. Documentary Evidence- Medical Documentary Evidence may be:

Type of Physical Evidence:

Methods of Preserving Evidence

Drawbacks of preserving evidence in the mind of the witness:

The preservation is co-terminus with the life of the witness.

Special Ways of Preservation:

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