Chapter V
Chapter V
Chapter V
INVESTIGATION OF DEATH
An officer is an official of the state charged with the duty
of inquiring into certain matters. In a medico-legal investigation,
an inquest officer is the one charged with the duty of investigating
the manner and cause of death of a person. He is authorized to
summon witnesses and direct any person to perform or assist in the
investigation when necessary.
The following officials of the government are authorized to make
death investigations:
1. The Provincial and City Fiscals:
Sec. Revised Code:
The district health officer, upon the request of any provin-
cial fiscal of a province within his district, or of any judge of
a Court of the First Instance (now Regional Trial Court), or of
any justice of the peace (now, Municipal Trial Court), shall con-
duct in person, when practicable, investigations in cases of death
where there is suspicion that death was caused by the unlawful act
or omission of any person, and shall make such other inves-
tigations as may be required in the proper administration of
justice.
Sec. 38, Rep. Act 409 as amended by Rep. Act. 1934 (Revised
Charter of the City of
The City Fiscal shall also cause to be investigated the cause of
sudden deaths which have not been satisfactorily explained and
when there is suspicion that the cause arose from the unlawful
acts or omissions of other person, or from foul play, and, in
general, victims of violence, sex crimes, accidents, self-inflicted
injuries, intoxications, drug addiction, states of malingering and
mental disorders, which occur within the jurisdiction of the
City of Manila, and the examination of evidences and telltale
marks of crimes. For that purpose, he may cause autopsies to
be made and shall be entitled to demand and receive for pur-
poses of the office of the medical examiner, or the criminal
investigation laboratory of the Manila Police Department, or
subject to the rules and conditions previously established by
the Secretary of Justice, the aid of the medico-legal section
of the National Bureau of Investigation. If in case the fiscal
INVESTIGATION DEATH
of the city deems it necessary to have further expert assistance for
the satisfactory performance of his duties in relation with medico-
legal matters or knowledge, including the giving of medical tes-
timony in the courts of justice, he shall request the same, in the
same manner and subject to the same rules and conditions as
above specified, from the office of the medical examiner, or from
the criminal investigation laboratory of the Manila Police Depart-
ment, or from the medico-legal of the said bureau, who shall
thereupon the assistance required in accordance with
his powers and facilities. He shall at all times render such pro-
fessional services as the Mayor or board may require and shall
have and perform such other duties as may be pre-
scribed by law or ordinance.
2. of the Courts of the First Instance (now Regional Trial
Courts) Sec. 983, Revised Administrative Code (Supra).
3. Justice of the Peace (now Municipal Trial Courts) Sec. 983,
Administrative Code (Supra).
4. The Director of the National Bureau of Investigation — Rep. Act.
157 (An act creating the National Bureau of Investigation).
a. The bullet might have produced an exit on the skin but failed to
cause mark or tear on the clothings which through improper
handling may not be recovered.
b. Examination may be useful in the determination of
the site of entrance and exit of the bullet and also the trajectory
of the shot.
2. AUTOPSIES:
An is a comprehensive study of a dead body, per-
formed by a trained physician employing recognized dissection
procedure and techniques. It includes removal of tissues for
further examination.
Autopsies vs. Post-mortem
Post-mortem examination — refers to an external examination
of a dead body without incision being made, although blood and
other body fluids may be collected for examination.
Autopsy — indicates that, in addition to an external exami-
nation, the body is opened and an internal examination is con-
ducted.
(Modern Legal Psychiatry and Forensic Science by
and Petty, p. 51 footnote).
Kinds of Autopsies:
a. Hospital or Non-official Autopsy
b. Medico-legal or Official Autopsy
a. Hospital or
This is an autopsy done on a human body with the consent
of the deceased relatives for the purposes deter-
mining the cause of death; (2) providing correlation of clinical
diagnosis and clinical symptoms; (3) determining the effective-
ness of therapy; (4) studying the natural course of disease pro-
cess; and (5) educating students and physicians (Forensic
Pathology, A Handbook for Fisher and Petty, July
1977, p. 1).
Inasmuch as previous consent of the next of kin is necessary
before a non-official autopsy can be performed, the Civil
164 LEGAL MEDICINE
PROCEDURE OF AUTOPSY
Guidelines in the Performance of Autopsies:
1. Be it an or non-official autopsy, the patho-
logist must be properly guided by the purposes for which autopsy
is to be performed. In so doing the purpose of such dissection will
be served.
2. The autopsy must be and must not leave some
parts of the body unexamined. Even if the findings are already
sufficient to account for the death, these should not be a suf-
ficient reason for the premature termination of the autopsy. The
existence of a certain disease or injury does not exclude the pos-
sibility of another much more fatal disease or injury. The findings
of coronary disease does not exclude the probability of injury or
poisoning.
3. Bodies which are severely mutilated, decomposing or damaged by
fire are still suitable for autopsy. No matter how putrid or
fragmentary the remains are, careful examination may be pro-
ductive of information that bears the identity and other physical
trauma received. Frequently a reluctance to per-
form an autopsy on decomposed body is due to the odor or
vermin rather than to his belief that the examination would not
be productive.
4. All autopsies must be performed in a manner which show respect
of the dead body. Unnecessary dissection must be avoided.
A wife consented to the performance of an autopsy but
specifically stated that it must be performed in a
manner. The autopsy was done in broad daylight in the
metery in full view of all the neighborhood residents.
held that the condition was violated and she was awarded
damage even though she has consented to the examination
(Hill V. Travelers Co. 294 S.W. Tenn. 1927).
5. Proper identity of the deceased autopsied must be established in
non-official autopsy. An autopsy on a wrong body may be a
ground damages.
Two patients occupying adjoining beds died within a five-
minute interval. There was authorization to perform an autop-
sy on one of them but the nurse interchanged the tags. The
deceased wherein there was no authorization given was autop-
sied. The next of kin brought an action against the hospital
administrator, the pathologist and the coroner for
INVESTIGATION OF DEATH
System:
Aorta Sclerosis, atheroma, syphilis, aneu-
rysm.
Veins Thrombosis, phlebitis.
Neck Organs:
Remove the larynx, pharynx and tongue tonsils.
The condition of the lymph glands, obstruction and edema of the
glottis, foreign body and materials in the larynx and trachea, condi-
tion of the thyroid gland, and condition of the tongue and tonsils
should be
Head:
The scalp is incised from the mastoid process of one side passing
the vertex to the mastoid process on the opposite side. The flaps
are turned down to the back and to the front. Note the presence
of hemorrhage, bruise, hematoma and fracture of the skull. Open
the skull by sawing at the forehead above the eyebrow to the region
of the upper portion of the ear and another vertically a little behind
the vertex and meeting the horizontal cut at the region of the upper
portion of the ear. Remove the flap of bone and note the condition
of the meninges. Remove the brain after cutting it from its attach-
ment and the tentorium cerebelli. Examine the brain for patholo-
gical condition, hemorrhage, laceration, softening, and the base and
side of the cranial box for hemorrhage and fracture. Make several
incisions on the brain and study the injury or disease.
ADRENALS:
Weight 4.8 — 7.3 gms.
Measurement 40 x 20 x 2
OF THYMUS: Both
Newborn 13.26 gms.
- 5 years 22.08 gms.
6 10 years 26.18 gms.
- 1 5 years 37.52 gms.
20 years
- 20 gms.
25 years
21 - 25 24.73 gms.
35 years
26 - 35 gms.
45 years
36 - 45 gms.
55 years
46 - 55 12.85 gms.
65 years
56 - 65 6.08 gms.
75 3years 6.00 gms.
Mistakes in Autopsies:
1. Error or omission in the collection of evidence for identification:
a. Failure to make frontal, oblique and profile photographs of the
face;
b. Failure to have fingerprints made;
Failure to have a complete dental examination performed.
2. Errors or omission in the collection of evidence required for
establishing the time of death:
a. Failure to report the rectal temperature of the
b. Failure to observe changes that may occur in the intensity and
distribution of rigor mortis — before, during and after autopsy.
Failure to observe the ingredients of the last meal and its
location in the alimentary tract.
3. Errors or omission in the collection of evidence required for other
examination:
a. Failure to collect specimens of blood and brain for deter-
mination of the contents of alcohol and barbiturates;
b. Failure to determine the blood group of the dead person if
death by violence was associated with external bleeding;
Failure to collect nail scrapings and samples of hair if there is
reasonable chance that death resulted from assault.
d. Failure to search for seminal fluid if there is a reasonable
chance that the fatal injuries occurred incident to a sexual