Legal Medicine

January 4, 2018 | Author: Coockie Campos | Category: Labia, Vagina, Wound, Hypoxia (Medical), Burn
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Reviewer in Legal Medicine...

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Legal Medicine - outline Legal Medicine – that branch of medicine which deals with the application of medical knowledge to the purposes of law and in the administration of justice.

Identification of Person : hair, clothing, frequent place of visit, gait, mannerism, complexion, ambidextrous, nutrition, marks, race, stature

Forensic medicine – application of medicine to elucidate legal problems. (fora)

Bertillon system of ID basis: 1) Skeleton is fully grown at age 20. 2) No two human beings have bones exactly alike. 3) Measurements may be taken by simple instrument.

Distinction between Medical Dr. & Medico-Legal : 1) MD sees an injury with a view to cure it; medico-legal sees it as a “cause”. 2) MD diagnoses an ailment to provide treatment; medico-legal sees it to testify to it. 3) MD usually ignores minor/trivial injuries; medico-legal views it as a whole in order to deduce what really happened. 4) An MD performs autopsy in order to learn the medical cause of death ; the medico-legal autopsy, while determining cause of death, is more concerned with the legal implications of the fact of death. Purpose in studying Legal Medicine : (my own view) So that the lawyer may be familiar with the common medical words/injuries/conditions which he will encounter in practice. PD 856, Dec 23, 1975 (Sanitation Code) provides that Health officers , Med. Officers of law enforcement units and medical staff of accredited hospitals are allowed to perform autopsies. . Autopsy required : when required by law, upon order of court, upon request of police, sol.gen. , or next of kin. Methods of Preserving Evidence : 1) 2) 3) 4) 5)

Photographs, audio/video, Xerox etc ; Sketching Description ; Manikin method Special methods : embalming, soft tissue in formalin, semen/blood samples in sealed containers

Methods of detecting deception : 1)

2)

3) 4) 5) 6)

Devices which record the psycho-physiological response : a) Use of polygraph : can you compel a person to take this test ? b) Use of word association test c) Use of psychological stress evaluator Use of drugs that try to “inhibit the inhibitor” : a) Truth Serum (hyoscine hydrobromide depresses nervous system) b) Narcoanalysis or narcosynthesis (sodium pentathol) c) Intoxication .. in vino veritas Hypnotism (not reliable) By observation ; flushing, fidgeting, behavior Scientific interrogation, catch them in a lie Confession

1975 Tokyo Declaration forbade medical doctors from participating in”torture”.

Portrait parle : spoken picture : verbal description. Scientific Methods of ID 1) Fingerprinting : basic types : whorls, arches loops and composite. Lifting prints 2) Dental : wisdom teeth erupts by 18. 32teeth Determination of age .. dental records … occlosal,mesial, distal, buccal, lingual surfaces 3) Handwriting : exact signature usually forged 4) Skeleton : determination of age .. cranial sutures, sex (greater sciatic notch) 5) Determination of age 6) Determination of sex : Social, Genital, Gonadal, Chromosomal Test (Jeffrey 7) Blood Splatter 8) Blood a) Blood type table OxO = O ≠ A,B,AB O x A = O, A ≠ B, AB O x B = O, B ≠ A, AB A x A = O, A ≠ B, AB A x B = O, A, B, AB B x B = O, B ≠ A, AB O x AB = A, B ≠ O, AB A x AB = A, B, AB ≠ O 9) Hairs and fibers – poison traces 10) DNA – rules of evidence 11) e-Docs – rules on e-docs : fax is not e-doc (MCC Ind’l Sales vs SSangYong). Rules re identification by proving it was digitally signed etc does not apply to criminal cases 12) effect of lighting : can ID a person at 16 yds by moonlight, 100 yds by sunlight Importance of determination of death : Civil personality extinguished ; succession (Art 43 NCC) ; Partnership ; Agency (except those coupled w/ interest) ; Criminal liability ; personal obligations. Determination of Death : a. Brain Death : flat EEG, no reflexes b. Cardio-respiratory death c. Eclectic : combination of the above Chronological Sequence of Putrefaction : 12 hrs : 24 hrs : 48 hrs : 72 hrs : 1 week : 2 weeks : 1 month :

Rigor Mortis all over Rigor absent Ova of flies; trunk bloated, face discolored and swollen Whole body swollen; hairs/nails loose Soft viscera putrefied Soft tissues largely gone Body skeletonized 1

Kinds of Death 1) Clinical or somatic death 2) Molecular or cellular death : 3-6 hrs later 3) Apparent death or “suspended animation”

Proximate (Secondary) Cause : the cause of death which resulted from the immediate cause. Ex. Stab wound caused infection which was fatal. Infection is the proximate cause of death.

Signs of Death : 1) Cessation of heart action and circulation 2) Cessation of respiration 3) Algor Mortis (cooling of body by 1 C per hour) 4) Changes in skin : loss of elasticity, flattening of muscles, no reaction to heat. 5) Changes in and about the eye : no corneal reflex, clouding of cornea. 6) Action of heat on skin

Classes : Natural and Violent death

Changes in the body when it dies : 1) Primary flaccidity 2) Rigor mortis (3-6 to 24-48 hrs) 3) Secondary flaccidity Cadaveric Spasm : distinguished from Rigor : CS immediate appearance/RM 3hrs ; CS particular muscles/RM all muscles ; Changes in Blood : 1) Coagulation 2) Lividity : hypostatic and diffusion Diff. between Lividity & Contusion (bruise) : skin abrasion , L in epidermis/C below epidermis , elevated , blood outside veins. Lividity : pooling of blood. Post mortem lividity develops 3-6 hrs after death. Hypostasis of internal organs : Digestion stops : Digestion of food : 3-4 hrs after meal What happens to the body when it dies (Determination of Time of Death): muscles Rigor , blood coagulate, autodigestive, putrefaction and bloating, Liver Temperature : decreases 1.5 degrees F per hour to room temperature. Presence of maggots : Presumption of Death 7yrs / 10 yrs to open succession Survivorship : Rule 131 (jj) RoC does not apply to succession. Declaration of absence 3yrs or 5yrs w/administrator Declaration of presumptive death for remarriage : 4 yrs or 2 yrs under exceptional circumstances Include RPC Art 4 Inquest officer is the one charged with investigating the manner of death Stages of medico-legal investigation : Crime Scene Investigation and Autopsy. Autopsy required in : 1) Violent death ; 2) Accidental death ; 3) Suicides ; 4) Death unattended by physician (even in hospital) ; 5) Unnatural deaths. Causes of Death : Immediate (Primary) Cause : the initial cause which also caused the death ; and

Pathological Classification of Death, generally classified as to Heart, Lung and Brain : 1) Death from syncope : sudden and fatal cessation of heart/circulation .. may be due to: Disease ; aneurism, embolism, hypertension. 2) Death from Asphyxia : lack of oxygen .. may be due to : pneumonia, choking on food, or strangulation (hyoid bone fracture) ; lividity, fingernails & lips blue 3) Death from Coma : brain inactivity .. may be due to : tumors, concussion, apoplexy (hemorrhage), strokes, poisons, drugs. Chapter VII Special Deaths : Judicial death (execution) Electric Chair, Lethal Injection, Firing Squad ; euthanasia ; suicide. Chapter VIII Disposal of dead body devolves upon 1) spouse ; 2) next of kin ; 3) authorities Methods of disposal : embalming ; burial (inhumation); disposal at sea ; cremation Physical Injuries : effect of stimulus on the body Causes of physical injuries : a) physical violence ; b) heat or cold ; c) electricity ; d) chemicals ; e) radioactivity ; f) Barotrauma (change in air pressure) ; g) infection. Classification of wounds : As to severity : a) mortal ; and b) non-mortal As to kind of instrument used : 1) blunt instrument (contusion a.k.a. black eye, hematoma or blood cyst) 2) sharp instrument (stab, incise, puncture) 3) laceration (tearing) 4) heat/cold (burn, scald, frostbite) 5) chemical explosion (shrapnel) 6) infections Depth of wound : 1) superficial ; 2) deep (penetrating and perforating) Type of wound : 1) Closed wound : a) superficial : petecheia; contusion; hematoma. b) Deep : musculo-skeletal ; hemorrhage ; cerebral concussion. 2) Open wound : abrasion; incise, stab, puncture; lacerated Special types of wound : 1) Defensive wounds ; 2) Patterned ; 2

3) Self-inflicted. Legal Classifications of wounds : Mutilation Serious Physical Injuries Less serious physical injuries Slight physical injuries Musculo-skeletal injuries : 1) Sprain – damage to ligaments 2) Dislocation – physical displacement of bone 3) Fracture a) Simple - crack b) Compound- multiple cracks c) Comminuted – broken in pieces d) Linear – usually in flat bones e) Spiral – spiral pattern, in long bones f) Pathological – due more to disease Fatality of wounds : 1) Hemorrhage 2) Mechanical injury to vital organs 3) Shock Complications arising from Injuries : 1) Shock : disturbance of fluid balance resulting to peripheral deficiency.. caused by a) injury to nervous system ; b) anoxemia (reduction of oxygen-carrying capacity of blood ; and c) endothelial damage 2) Hemorrhage 3) Infection 4) Embolism : air and fat embolus Healing of wounds : a. Primary (1st) intention – when there is minimal tissue loss with no infection. Scab forms 24hrs b. Secondary Intention – more extensive injury, scar tissue forms c. Aberrated Healing .. may result to : 1) Formation of Exuberant Granulation – granulation may protrude to prevent closure of wound. 2) Keloid formation – abnormal amount of collagen. May be hereditary 3) Stricture – contraction of fibrous tissue 4) Fistula or sinus formation – Fistula is communication between an inner cavity and the outside. Sinus is a tract of infection traversing the inner part of the body. Chapter X Rules for examination of wounds: 1) all injuries must be described 2) comprehensive description and sketch/photograph 3) independent observations General Investigation of surroundings : exam of place, clothing, witnesses, wounding instrument, photo or sketch of scene etc. Exam. of wounded body : age of wound, what weapon caused the wound, whether accidental, homicidal or suicidal. Exam of living body : if injury is dangerous, if it will cause deformity, if it will cause shock, if other complications.

Exam of dead body : if wound post/ante mortem, if wound was mortal, if death was accelerated by disease, if accidental or homicidal. Examination of wound : 1) Character of wound – abrasion, contusion, incision etc. 2) Location of wound 3) Depth 4) Condition of surroundings 5) Extent 6) Direction 7) Number of wounds 8) Other conditions : evidence of struggle, position of body, degree of hemorrhage Determination whether post or ante mortem : Hemorrhage ; inflammation ; regeneration ; retraction of edges of wound Chapter XI Head and neck Injuries : 1) Direct (coup) – occur at the site of application of force 2) Indirect injuries : a. contre-coup – develops at the opposite site of application of force b. remote injuries – force applied to parts which have no relation to head (fall on buttocks may cause basal fracture of skull) c. locus minoris Resistencia – injury is not at site of force but at the path of least resistance. 3) Coup-contre-coup : (direct and indirect) combination of injuries Fractures of skull 1) Fissure – linear fracture, cause by blunt instrument, radiating cracks 2) Localize depressed fracture – “signature” fracture, same shape as weapon used 3) Penetrating injuries – 4) Comminuted fractures – multiple cracks = severe force 5) Indented fracture – indentation of skull, usually in children, when skull is still malleable 6) Gutter fracture – could be caused by a glancing bullet 7) Bursting fracture – two fractures parallel to two points of contact Trepanation – boring a hole into skull to access the brain Intercranial hemorrhage – even without fractures,trauma 1) Extradural or epidural - almost exclusively due to trauma – fracture causes laceration of vessels grooved at inner table of cranium 2) Subdural – essentially venous or capillary, many causes… small blood vessels. 3) Subarachnoidal – bleeding into the space between the arachnoidal membrane and pia mater of the brain 4) Cerebral – bleeding in gray matter. Brain : 1) Laceration of brain coup/contre-coup injuries 2) Edema – accumulation of fluid in brain 3) Concussion – blow to head 4) Compression – due to hemorrhage Face: generally, injuries to the fact heals fast. 3

Nose : broken nose, fractured nasal bone. Ear : rupture of eardrum, disorientation, infection. Mouth : lacerations, swelling. Neck : abrasions, ligature marks, whiplash. Vertebral Column and Spinal Cord : C1-7,T1-12,L1-5 Fracture and concussion of spine. S1-5, coccyx Chest : usually to the ribs , fractures. Lungs : Hemorrhage, compression, severe pneumothorax (escape of air into thorax), cerebral air embolism, hemoptysis (bleeding into lungs) and subcutaneous emphysema. Diaphragm : rupture , hernia Abdominal Wall : Liver :Spleen :Kidney :Pancreas :Pelvis : fractures. Chapter XII Death or Physical Injury caused by Explosion Explosion : a sudden expansion of space (gas). Kinds : 1. mechanical; 2. electrical; 3. nuclear; 4. chemical Nitroglycerin / Dynamite (Nobel) grenades Chapter XIII Gunshot wounds Kinds of firearms : revolvers, pistols, rifles, single shot, semi auto, auto, shotguns How a gun works: Single action / double action Bullets : lead, jacketed, full metal jacket Barrel : rifling (lands and grooves) , twist, direction Caliber : inch / metric Primer : mercury fulminate, percussion Gas burns (point blank) Powder deposits on victim for close range firing, ring patterns depending on distance. Parafin test for presence of nitrates – not conclusive Bullet richochet upon impact due to spin rate Bullet migration (unextracted) due to age Shotguns : ammo, birdshot #4 , buckshot 00 Calibers 12ga / .404 / slugs IDENTIFICATION of firearm through bullet comparison : 1) rifling patterns or striations found on the projectile .. using a comparison microscope, 2) Striations found on the ejected cartridge ; 3) firing pin marks on the primer cap 4) cartridge extractor marks THERMAL INJURIES/DEATHS : Due to Cold : Hypothermia : lowering of body’s core temperature to fatal level. Frostbite : damage to tissues due to extreme cold, may result in the amputation of the limb. Due to Heat : Classifications :

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Heat cramps : involuntary spasmodic contraction of muscles due to dehydration and loss of chlorides by sweating ; 2) Heat Exhaustion : primarily due to heart failure due to excessive heat ; 3) Heat Stroke : Local Effects of Heat : 1) Scald : injuries caused by hot liquids 2) Burns : caused by heat radiation ; hot gas or contact with hot solids. Burn Classification : First Degree : erythema or simple redness of skin, superficial swelling . Second Degree : there is vesicle (small blister) formation with acute inflammation. Skin is blackened, hair follicles singed. Superficial layers of the epithelium destroyed. Third Degree : there is destruction of cuticle and part of the dermis. Very painful owing to exposure of nerve endings. Healing may leave a scar. Fourth Degree : whole skin is destroyed. Surface ulcerated. Not painful because all nerve endings are destroyed. Fifth Degree : involves deep fascia and muscles. Sixth Degree : charring of subjacent tissues, organs and bones. Causes of Death due to Burns / Scalds : Immediate Fatal Result : 1) Death from shock; 2) Death from concomitant physical injuries with burns; 3) Suffocation. Delayed Fatal Result : 1) Exhaustion ; 2) Dehydration with hemoconcentration ; 3) Secondary shock ; 4) Hypothermia ; 5) Complications such as infections, pneumonia, nephritis. 6) Changes in Blood Heat Rupture : splitting of skin due to heat – may be mistaken for incised or lacerated wound. Heat Stiffening : body becomes rigid due to heat owing to the coagulation of albuminous matter in the muscles. CHEMICAL BURNS : or corrosive burns – caused by the application of corrosive chemicals on skin. ELECTRICITY : Main cause of death is Shock. Other causes is burn caused by electric current PRESSURE : (Barotrauma) Overpressure (hyperbarism) : almost never occurs naturally. Decrease in pressure (Hypobarism) : causes the Bends, a condition where Nitrogen dissolved in the blood gasify upon sudden decrease in pressure and causes embolisms. ASPHYXIA : due to lack of supply of oxygen. 1) Anoxic death : due to failure of arterial blood to be saturated with oxygen.. such as when : a. Lack of oxygen in high altitudes; b. Obstruction of air passage; 4

c. 2)

3)

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Paralysis of respiratory organs due to toxins. Anemic Anoxic Death : due to decrease in capacity of blood to deliver oxygen to tissues/organs : a. Hemorrhage ; b. Carbon monoxide poisoning; c. Low hemoglobin level in blood. Stagnant Anoxic Death : due to failure in blood circulation , such as when : a. Heart failure; b. Shock; c. Blood vessel obstructions (emboli) Histotoxic Anoxic Death : there is supply of oxygen but tissues/cells unable to use it : a. Cyanide and alcohol

Phases of Asphyxial Death : 1) Dyspneic phase : symptoms due to lack of oxygen and retention of CO2 , lips, fingernails become bluish; 2) Convulsive phase : due to stimulation of central nervous system by the massive CO2. 3) Apneic phase : due to damage to the respiratory center of the brain; fatal beyond recovery. Classifications of Asphyxia : 1) Hanging a. Breaking the neck (dropping a distance); b. asphyxia 2) Strangulation a. By ligature – hyoid bone usually not damaged b. Throttling : manual strangulation 3) Suffocation : smothering, gagging, plastic bag, SIDS SUNDS 4) Choking – obstruction due to foreign object in windpipe : regurgitation of food blocking windpipe. Heimlich maneuver 5) Drowning 6) Traumatic Crush Asphyxia 7) Irrespirable gasses : CO ; CO2 ; H2S ; HCN ; Cl ; Classification based on its action : 1) Lacrimator or Tear Gas 2) Vesicant or Blistering Gas : mustard gas 3) Irritants : chlorine , phosgene 4) Sternutator or vomiting gas : 5) Paralysants (Nerve Gas) 6) Blood poisons : HCN, H2S, CO SEX CRIMES Virginity : RPC definition of virginity : not necessarily a physical virgin ; just a woman of good repute. True physical virginity : hymen intact, cannot admit a finger. False physical virginity : hymen also unruptured, but wide and elastic enough to admit two or more fingers. May indicate previous sexual contact … just that the hymen distended but did not rupture. No definite conclusion regarding true virginity.

Demi-virginity : woman permits sexual liberties but maintains the integrity of the hymen. Self-defloration : practiced in some African cultures. Vaginal Canal : generally tight … composed of smooth muscles and fibroelastic connective tissues. May be stretched on childbirth never to regain the original tightness. Labia Majora and Labia Minora (major and minor lip) : Labia Majora is the exterior lip and covers the labia minora and clitoris. Plump women tend to have more skin and and tissue forming a more ‘closed’ labia while thin women tend to have gaping labia. Clitoris is the “organ” or a clump of nerve endings located above the labia minora extending into vaginal wall whose anatomical function seems to be dedicated solely to providing sexual stimulus or pleasure. Female circumcision : practiced in some African cultures. Fourchette : the V shaped posterior end of the Labia Minora (originally). With sexual contact (insertion of penis) it becomes rounded and the edges retracted. Not a good indicator of sexual activity as it could be caused by other factors such as horseback riding, stretching of legs (athletics or ballet). Hymen may have multiple openings or having no opening at all. Intact hymen is not necessarily indicative of sexual activity. Rupture could be caused by masturbation without sexual contact with opposite sex. Things to consider by the medical examiner : 1) Condition of the vulva : normally, the labia majora and minora are in close contact with each other and covers the area completely. After sexual contact, the labia may gape. Again, not a good indicator of sexual activity. 2) Fourchette : as discussed before, loss of the normal V shape is not also indicative. It could be lacerated by penetration, together with the vaginal walls. 3) Vaginal Canal : after repeated sexual acts, there is diminution of the sharpness of vaginal rugositites. Walls will be lax, enough to insert a medium sized speculum with little resistance. 4) Hymen : is lacerated during the initial act. However, some are thick and elastic. Child’s hymen could also heal and return to its original state. Medical examination of hymen : 1) General condition : width, thickness, elasticity 2) Original shape of the orifice; 3) If lacerated, must determine degree of laceration, which could be : a. Incomplete : rupture/laceration does not involve the whole width or height of hymen. Superficial (less then ½) or Deep. b. Complete : involves the whole width but not beyond the base of the hymen; c. Compound : laceration involves hymen and surrounding tissues ; Location of laceration : clock method with the fourchette as 6 o’clock. 5

Duration of laceration : 1) Fresh bleeding : recent ; 2) Fresh healing with fibrin and edema of surrounding tissue : after 24 hrs ; 3) Healed with congested edges with sharp coapted borders : 4 – 10 days old 4) Healed without congestion with sharp coapted borders : 2-3 weeks ; 5) Healed with rounded non-coaptive borders and retraction of edges : more than 1 month. Complications : infection ; hemorrage, fistulae, stricture, sterility (due to infection). Death from the sex act : Male : usually from hypertension, cardiac arrest. Female : almost never , maybe suffocation/strangulation Stuck inside : no medical reports yet. SEX CRIMES : Rape , Seduction (simple and qualified) Acts of lasciviousness , same with consent Abduction (forcible and with consent) Adultery and concubinage Prostitution Corruption of minors , white slave trade , abuse against chastity Grave Scandal Immoral Doctrines Unnatural Sexual Offenses/abnormalities Homosexuality Pedophilia Zoophilia Gerentophilia (older women) Necrophilia Incest Satyriasis / nymphomania Frigidity / impotence Fetishes MENTAL DISTURBANCES Insanity : from sociological viewpoint is the inability to adapt to the environment due to mental causes. Legal Importance : 1) Civil code Art 38 : is a mere restriction on capacity to act ; 2) Marriage : may be annulled when one is of unsound mind unless they continue to cohabit after regaining sanity ; 3) Succession : must be of sound mind at time of execution of will ; 4) Witness to wills : 5) ObliCon : insane cannot give consent ; 6) RPC : exempting circumstance Factors influencing Mental Disorder : 1) Heredity 2) Incestuous marriage 3) Physical illnesses 4) Emotional distress 5) Toxins Manifestations of Mental Disorders : Disorder of Cognition :

Disorder in Perception : 1) Illusion : false interpretation of perception ; 2) Hallucination : false perception when there was no stimulus ; Disorder of Memory : 1) Dementia : form of insanity due to deterioration of brain, but without delusion or uncontrollable impulse ; Acute Dementia Dementia Paralytica : cirrhosis of the brain : degeneration of physical, intellectual and moral power leading to paralysis ; Dementia Praecox (schizophrenia) : Senile Dementia Toxic Dementia 2) Amnesia : loss of memory, anterograde and retrograde Disorder in content of thought : 1) Delusion : erroneous belief in something which is not a fact : … of Grandeur, persecution (paranoia), hypochondria , conspiracy. 2) Obsession : continually occurring thoughts and impulses Disorder in the trend of thought : 1) Mania : State of excitement accompanied by exaltation which is out of step with his surroundings ; 2) Melancholia : depression 3) Manic-depressive psychosis : alternating states between mania and depression Disorder of Emotion : 1) Exaltation : unwarranted well being/joy ; 2) Depression : 3) Apathy : disregard of surroundings (sociopathy) 4) Phobia : fears (Deimos and Phobos) fears of things, places, situations, illness .. such as arachnophobia, hematophobia, agoraphobia, claustrophobia, Disorder of Volition (Doing) : 1) Impulse or Compulsion : irresistible urge to do something : such as pyromania, kleptomania, nymphomania, suicidal impulse, Mental Deficiency : 1) Idiot : IQ 0-20 2) Imbecile : IQ 20-40 3) Feeble minded : IQ 40-70 4) Moron : higher end of feeble-mindedness Malingering : feigning disease or injuring to avoid a responsibility/obligation. Other mental conditions : 1) Somnambulism (sleepwalking ) 2) Hypnotism (mesmerism) 3) Delirium : state of mental confusion 4) Hysteria : (off the books) Drugs and Poisons : RA 9165 : things to remember 1) Chain of Custody of evidence 2) No plea bargaining ..sec 23 6

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No probation to TRAFFICKERS AND PUSHERS only .. users eligible for probation … sec 24 4) Mandatory drug test Sec 36 (f) persons charged and (g) candidates for public office declared unconstitutional by SJS vs DDB 2008 5) PDEA made the LEAD AGENCY in enforcement (but not the exclusive agency) Popular Drugs : 1) Opium 2) Marijuana (hallucinogen) – not addicting 3) Magic Mushrooms (hallucinogen) 4) Hashish 5) Cocaine – coca cola 6) Methamphetamines (uppers) 7) Cough Syrup (codeine phosphate) 8) Rugby (solvents) 9) Barbiturates (sedatives) downers 10) LSD (hallucinogen) Alcohol : Legal drunkenness : 0.15% blood alcohol Wine / liquors Fermentation process Poisons : Arsenic Cyanide Snake Venoms Corrosives (acid, insecticides) Carbon Monoxide Antidotes : Actions which survives death : The question as to whether an action survives or not depends on the nature of the action and the damage sued for. In the causes of action which survive, the wrong complained [of] affects primarily and principally property and property rights, the injuries to the person being merely incidental, while in the causes of action which do not survive, the injury complained of is to the person, the property and rights of property affected being incidental.

RA 7438 Lucas v. Lucas GR 190710 DNA testing june 6, 2011

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