Zamora vs.

CA (183 SCRA 279): Jurisdiction is defined as the Nature of the Study of Legal Medicine: A knowledge of legal medicine
power and authority of a court to hear, try and decide a case. means the ability to acquire facts, the power to arrange those facts in
their logical order, and to draw a conclusion from the facts which may
Proximate cause is defined as that cause, which, in natural and be useful in the administration of justice.
continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result would Medical Jurist (medical examiner, medico legal officer/expert) -
physician who specializes or is involved primarily with medico-legal
not have occurred. And more comprehensively, the proximate legal
duties.
cause is that acting first and producing the injury, either immediately
or by setting other events in motion, all constituting a natural and Health officers, medical officers of law enforcement agencies and
continuous chain of events, each having a close causal connection members of the medical staff of accredited hospital are authorized by
with its immediate predecessor, the final event in the chain law to perform autopsies (Sec. 95, P.D. 856, Code of Sanitation).
immediately effecting the injury as a natural and probable result of the However, "it is the duty of every physician, when called upon by the
judicial authorities, to assist in the administration of justice on matters
cause which first acted, under such circumstances that the person
which are medico-legal in character" (Sec. 2, Art. Ill, Code of Medical
responsible for the first event should, as an ordinary prudent and Ethics of the Medical Profession of the Philippines).
intelligent person, have reasonable ground to expect at the moment of
his act or default that an injury to some person might probably result
therefrom. Ordinary Physician Medical Jurist
1. sees an injury or disease on 1. sees injury or disease on the
A. Legal Medicine, Forensic Medicine and Medical the point of view of treatment point of view of cause
Jurisprudence 2. purpose of an ordinary 2. purpose of the medical jurist
physician examining a patient in examining a patient is to
Legal medicine - is a branch of medicine which deals with the is to arrive at a definite include those bodily lesions in
application of medical knowledge to the purposes of law and diagnosis so that appropriate his report and testify before
administration of justice. The application of medicine to legal cases. It treatment can be instituted the court or before an
is the application of basic and clinical, medical and paramedical 3. Minor or trivial injuries are investigative body; thus giving
sciences to elucidate legal matters. usually ignored by an ordinary justice to whom it is due.
clinician inasmuch as they do 3. must record all bodily injuries
Forensic medicine - is the application of medical science to not require usual treatment. even if they are small or minor
elucidate legal problems Superficial abrasions, small because these injuries may
contusion and other minor be proofs to qualify the crime
Medical jurisprudence - denotes knowledge of law in relation injuries will heal without or to justify the act.
to the practice of medicine. It concerns with the study of rights, duties medication.
and obligations of medical practitioner with particular reference to
those arising from doctor-patient relationship.
Law is a rule of conduct, just, obligatory, laid by legitimate power for
Scope of Legal Medicine: Quite broad and encompassing. It is the common observance and benefit. It is a science of moral laws
application of legal and paramedical sciences as demanded by law founded on the rational nature of man which regulates free activity for
and administration of justice.
the realization of his individual and social ends under the aspect of
mutual demandable independence. (1 S.R.)
The word "law" includes regulations and circulars which are issued to
implement a law and have, therefore, the effect of law.
Characteristics of Law:
a. It is a rule of conduct;
b. It is dictated by legitimate power; and
c. Compulsory and obligatory to all (Civil Code by Padilla).
Forms of Law:
a. Written or Statutory Law (Lex Scripta): This is composed of laws
which are produced by the country's legislations and which are
defined, codified and incorporated by the law-making body. Example:
Laws of the Philippines
b. Unwritten or Common Law (Lex non Scripta): This is composed of
the unwritten laws based on immemorial customs and usages. It is
sometimes referred to as case law, common law, jurisprudence or
customary law. Example: Laws of England
Forensic denotes anything belonging to the court of law or used in
court or legal proceedings or something fitted for legal or public
argumentations (Black's Law Dictionary, 4th ed.)
Medicine is a science and art dealing with prevention, cure and
alleviation of disease. It is that part of science and art of restoring and
preserving health. The term medicine is also applied to a science and
art of diagnosing, treating, curing and preventing disease, relieving
pain, and improving the health of a person
Legal is that which pertains to law, arising out of, by virtue of or
included in law. It also refers to anything conformable to the letters or
rules of law as it is administered by the court.
Jurisprudence is a practical science which investigates the nature,
origin, development and functions of law. It is a science of giving a
wise interpretation of the law and making just application of them to all
cases as they arise.
Judicial decisions applying or interpreting the laws shall form a part of
the Philippine jurisprudence. The decisions contemplated are those
rendered by the Supreme Court which is the final arbiter on legal
issues. However, the decisions of the Court of Appeals may serve as
precedent for inferior courts on points of facts.
Principle of Stare Decisis: A principle that, when the court has once
laid down a principle of law or interpretation as applied to a certain
state of facts, it will adhere to and apply to all future cases where the
facts are substantially the same.
The principle is one of policy, grounded on the theory that security
and certainty require that accepted and established legal principles,
under which right may accrue, be recognized and followed, though
later found to be not legally sound, but whether previous holding of
court shall be adhered to, modified or overruled is within the court's
discretion under the circumstance of the case before it (Black's Law
Dictionary, 4th ed.).
Branches of Law Where Legal Medicine may be Applied:
1. Civil Law — Civil law is a mass of precepts that determines and
regulates the relation of assistance, authority, and obedience between
members of a family and those which exist among members of a
society for the protection of private interest (Sanchez Roman).
Our civil laws are scientifically and systematically compiled in the Civil
Code of the Philippines (Republic Act No. 386).
In civil law, knowledge of legal medicine may be useful on the
following:
a. The determination and termination of civil personality (Art. 40 and
41),
b. The limitation or restriction of a natural person's capacity to act (Art.
23 and 39);
c. The marriage and legal separation (Book I, Title III & IV);
d. The paternity and filiation (Book I, Title VIII); and
e. The testamentary capacity of a person making a will (Book III, Title
IV).

2. Criminal Law — Criminal law is that branch or division of law which
defines crimes, treats of their nature and provides for their
punishment.
It is a body of specific rules regarding human conduct which have
been promulgated by political authority, which apply uniformly to all
members of the classes to which the rules refer, and which are
enforced by punishment administered by the state
(SutherlandCressey, Criminology, 7th ed„ p. 4).
Penal laws and those of public security and safety shall be obligatory
upon all who live or sojourn in the Philippine territory, subject to the
principles of public international law and to treaty stipulations (Art. 14
Civil Code).
The Philippine criminal law is codified in the Revised Penal Code and
may also be found in the penal provisions of the special laws.
Legal medicine is applicable in the following provisions of the penal
code:
a. Circumstances affecting criminal liability (Title I);
b. Crimes against person (Title VIII), and
c. Crimes against chastity (Title XI).
3. Remedial Law — Remedial law is that branch or division of law
which deals with the rules concerning pleadings, practices and
procedures in all courts of the Philippines.
It is the law which gives a party a remedy for a wrong. It is intended to
afford a private remedy to a person injured by the wrongful act. It is a
designed law, which redresses an existing grievance or introduces
regulation conducive to public good (Black's Law Dictionary, 4th ed.).
Our remedial law is embodied in the Rules of Court of the Philippines
and also in the remedial provision of Special Laws.
Legal Medicine may be applied in the following provisions of the Rules
of Court:
a. Physical and mental examination of a person (Rule 28);
b. Proceedings for hospitalization of an insane person (Rule 101); and
c. Rules on evidences (Part IV).
4. Special Laws:
a. Dangerous Drug Act (R.A. 6425, as amended)
b. Youth and Child Welfare Code (P.D. 603)
c. Insurance Law (Act No. 2427 as amended)
d. Code of Sanitation (P.D. 856)
e. Labor Code (P.D. 442)
f. Employee's Compensation Law
B. RULES OF COURT: RULE 138 ATTORNEYS AND ADMISSION
TO BAR Section 5.
Medical Jurisprudence is one of the subjects in the law course before
admission to the bar. This is based on the original concept but
actually it must be the study of legal medicine as it was the intention in
the past.
E. ILLEGAL OR UNAUTHORIZED PRACTICE OF MEDICINE VS
MEDICAL MALPRACTICE
Illegal or unauthorized practice of medicine - practice of medicine in
violation of any statute or without a license
Garcia-Rueda v Pascasio (GR 118141)
A word on medical malpractice or negligence cases.
In its simplest terms, the type of lawsuit which has been called
medical malpractice or, more appropriately, medical negligence, is
that type of claim which a victim has available to him or her to redress
a wrong committed by a medical professional which has caused
bodily harm.
In order to successfully pursue such a claim, a patient must prove that
a health care provider, in most cases a physician, either failed to do
something which a reasonably prudent health care provider would
have done, or that he or she did something that a reasonably prudent
provider would not have done; and that that failure or action caused
injury to the patient.
Hence, there are four elements involved in medical negligence cases:
duty, breach, injury and proximate causation.
averted had the proper drug been applied to cope with the symptoms
of malignant hyperthermia. Also, we cannot ignore the fact that an
antidote was readily available to counteract whatever deleterious
effect the anaesthesia might produce. Why these precautionary
measures were disregarded must be sufficiently explained.

Evidently, when the victim employed the services of Dr. Antonio and
Dr. Reyes, a physician-patient relationship was created. In accepting
the case, Dr. Antonio and Dr. Reyes in effect represented that, having
the needed training and skill possessed by physicians and surgeons
practicing in the same field, they will employ such training, care and
skill in the treatment of their patients. They have a duty to use at least
the same level of care that any other reasonably competent doctor
would use to treat a condition under the same circumstances. The
breach of these professional duties of skill and care, or their improper
performance, by a physician surgeon whereby the patient is injured in
body or in health, constitutes actionable malpractice. Consequently, in
the event that any injury results to the patient from want of due care or
skill during the operation, the surgeons may be held answerable in
damages for negligence.
Medical malpractice suits fall into the genre of claims based on tort,
called quasi-delicts. In general, negligence suits require proof that a
party failed to observe, for the protection of the interest of another
person, that degree of care, precaution, and vigilance which the
circumstances justly demand, whereby such other person suffers
injury. It is the omission to do something which a reasonable man,
guided by those considerations which ordinarily regulate the conduct
of human affairs, would do, or the doing of something which a prudent
and reasonable man would not do. (Layugan vs. Intermediate
Appellate Court, citing Black’s Law Dictionary, Fifth Edition, 930).

Moreover, in malpractice or negligence cases involving the

administration of anaesthesia, the necessity of expert testimony and
the availability of the charge of res ipsa loquitur to the plaintiff, have
been applied in actions against anaesthesiologists to hold the
defendant liable for the death or injury of a patient under excessive or
improper anaesthesia. Essentially, it requires two-pronged evidence:
evidence as to the recognized standards of the medical community in
the particular kind of case, and a showing that the physician in
question negligently departed from this standard in his treatment.

Another element in medical negligence cases is causation which is

divided into two inquiries: whether the doctors actions in fact caused
the harm to the patient and whether these were the proximate cause
of the patient’s injury. Indeed here, a causal connection is discernible
from the occurrence of the victims death after the negligent act of the
anaesthesiologist in administering the anesthesia, a fact which, if
confirmed, should warrant the filing of the appropriate criminal case.
To be sure, the allegation of negligence is not entirely baseless.
Moreover, the NBI deduced that the attending surgeons did not
conduct the necessary interview of the patient prior to the operation. It
appears that the cause of the death of the victim could have been