Other Definitions:

1. Law is a rule of conduct, just, obligatory, laid by legitimate power for common observance and
benefit. It is a science of moral laws founded on the rational nature of man which regulates free activity
for 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

2. Forensic: It 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.)

3. Medicine: 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

4. Legal: 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.

5. Jurisprudence: It 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.
APPPLICATION OF LAW TO LEGAL MEDICINE

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

Some Bask Principles Governing Application and Effects of Laws:

1. Ignorance of the law excuses no one from compliance therewith or "ignorantia legis nominem
excusat" (Art 3, Civil Code): The main reason for the provision is to prevent ignorance of the law as a
means of defense for violation of the law. The provision refers to all kinds of domestic laws on grounds
of expediency, policy and necessity. "Ignorance of the law" may refer to the literal wordings of the law
and also to the meaning or interpretation given to the law. But the rule is not inflexible. It may only be
applied when it is clearly manifested and inexcusably ignorant of the law. Mere ignorance of the facts of
the law would furnish immunity from the punishment for violation of the penal code and immunity from
the liability for actual loss for violation of personal or property right.

2. Laws shall have no retroactive effect, unless the contrary is provided (Art. 4, Civil Code): A law can
only be applied to cases after its promulgation arid must not be given retroactive application. A law,
however, may be given retroactive effects in the following instances:

a. When the law provides the contrary (Art. 4, Civil Code).

b. Penal laws shall be given retroactive effect if favorable to the accused who is not habitually
delinquent (Art. 22, Revised Penal Code).

c. When the statute is remedial in nature because there is no vested right in the rules of procedure. d.
When the law creates a new substantive right.

3. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good
customs, or prejudicial to a third person with a right recognized by law (Art. 6, Civil Code): A right is the
power, privilege, faculty which entitles a man to have, or to do, or to receive from another within the
limits prescribed by law. Waiving is the intentional or voluntary relinquishment, abandonment or
throwing away, renunciation, surrendering of a known right. The rights granted to a person by law may
be waived but in the following cases, the law does not allow such waiver:

a. When such waiver will be contrary to the existing law.

b. When it is against public order, public policy, morals and good customs.

c. When in so waiving it is prejudicial to a third person with a right recognized by law.

4. Customs which are contrary to law, public order or public policy shall not be countenanced (Art. 11,
Civil Code). A custom must be proved as a fact according to the rules of evidence (Sec. 12, Civil Code):
Custom is a usage or practice of the people, which by common adoption and acquiescence and by long
and unvarying habit, has become compulsory and has acquired the force of a law with respect to the
place and subject-matter to which it relates (Black's Law Dictionary, 4th ed.). Customs constitute sources
of supplementary law in default of specific legislation. However, if the custom is contrary to the existing
law or to ' public order and policy, the law must prevail.

5. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, custom or practice to the contrary. When the court declares a law to be inconsistent
with the constitution, the former shall be void and the latter shall govern. Administrative or executive
acts, orders and regulations shall be valid only when they are not contrary to the laws or the
constitution (Art. 7, Civil Code): The constitution is the fundamental law of the land. All acts,
administrative or executive orders contrary to the provision of the constitution shall be deemed void.
Any existing law which is inconsistent with a subsequent law is deemed repealed by the latter law.