CHAPTER VI:

DEFINE:

 CAUSE OF DEATH - is the injury, disease or the combination of both injury and disease
responsible for initiating the trend or physiological disturbance, brief or prolonged, which
produce the fatal termination. It may be immediate or proximate.
 IMMEDIATE CAUSE OF DEATH – this applies to cases when trauma or disease kill quickly
that there is no opportunity for sequelae or complications to develop. An extensive brain
laceration as a result of a vehicular accident is an example of immediate cause of death.
 PROXIMATE CAUSE OF DEATH – the injury or disease was survived for a sufficiently
prolonged interval which permitted the development of serious sequelae which actually caused
the death. If a stab wound in the abdomen later caused general peritonitis, then peritonitis is
the proximate cause of death.
 DOA (Dead on Arrival) – must not be construed literally. It may mean that the patient was
actually dead on arrival or was dying on arrival. Death occurs on a precise time while dying is a
continuing process. If a patient is dead then the procedure of management is resuscitative or to
let him return to life again, while if the patient is dying, the procedure is to apply emergency
measures to prevent death from ensuing.
 VIOLENT DEATH – are those due to injuries inflicted in the body by some forms of outside
force. The physical injury must be the proximate cause of death.
 SYNCOPE – this is death due to a sudden and fatal cessation of the action of the heart with
circulation included.
 ASPHYXIA – is a condition in which the supply of oxygen to the blood or to the tissues or to
both has been reduced below working level.
 DYSPNEA – shortness of breath (got this from google lol)
 COMA – state of unconsciousness with insensibility of the pupil and conjunctivae, and inability
to swallow, resulting from the arrest of the functions of the brain.

KNOW:

 INSTANTANEOUS PHYSIOLOGIC DEATH – (Death from Inhibition, Death from Primary

Shock, Syncope with Instantaneous Exitus) – this is a sudden death which occurs within
seconds or a minute or two (no more) after a minor trauma or peripheral stimulation of
relatively simple and ordinarily innocuous nature. The peripheral irritation or stimulation initiates
the cardio-vascular inhibitory reflex. The fulminant circulatory failure is caused by (vagocardiac)
slowing or stoppage of the heart, reflex dilatation with profound fall in blood pressure or a
combination of both mechanisms. A blow to the larynx or solar plexus, a kick in the scrotum,
pressure on the carotid sinus, etc. can cause such death
 SUDDEN INFANT DEATH SYNDROME (SIDS/CRIB DEATH) - This is the unexpected
death of infants, usually under six months of age, while in apparently good health. The sudden
death cannot be predicted and there is no way to prevent or foretell on the basis of present
knowledge. Although autopsies in some of the cases revealed the presence of congenital heart
disease or abnormality, contagious disease, nutritional deficiency and other pathological
conditions, no consensus has yet been arrived at as to the definite cause of death.
 SUDDEN UNEXPLAINED NOCTURNAL DEATH (SUND) - This is known as "pok-kuri"
disease in Japan and "bangungut" in the Philippines. It is the sudden death of healthy men of
young age seen in East Asian countries. Awareness of relatives and the prompt delivery of
resuscitation are the only effective means of treatment.
 DEATHS DUE TO NATURAL CAUSE - This is death caused by a natural disease condition in
the body. The disease may develop spontaneously or it might have been a consequence of
 physical injury inflicted prior to its development. If a natural disease developed without the
intervention of the felonious acts of another person, no one can be held responsible for the
death.
 PENAL CLASSIFICATION OF THE CAUSES OF DEATH –
o Accidental Death
o Negligent Death
o Suicidal Death
o Parricidal Death
o Infanticidal Death
o Murder
o Homicidal Death
 PATHOLOGICAL CLASSIFICATION OF THE CAUSES OF DEATH
o Death from Syncope
o Death from Aphyxia
o Death from Coma
 DEATH UNDER SPECIAL CIRCUMSTANCES
o Death Caused in a Tumultuous Affray
o Death or Physical Injuries Inflicted under Exceptional Circumstances
 LAWS INVOLVED IN CAUSES OF DEATH
o Impossible Crime – the penalty imposed in the commission of the impossible crimes
depends upon the social danger and the degree of criminality of the offender and shall
impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos
(Art.59)
o Criminal Liability of Violence that Accelerate death -
o Refusal of Medical Attention
o Penal Classification of violent death
 Accidental death - In a pure accidental death, the person who causes the death
is exempted from criminal liability. (Art. 12, No. 4, Revised Penal Code)
 Negligent death – Homicide through reckless imprudence
 Suicidal death - The law does not punish the person committing suicide because
society has always considered a person who attempts to kill himself as an
unfortunate being, a wretched person deserving more of pity than of penalty.

But, a person who gives assistance to the commission of suicide of another is

punishable because he has no right to destroy or assist in the destruction of the
life of another.

Giving assistance to suicide is punishable under Article 253 of the RPC,

 Parricidal death – Article 256 of the RPC

 Infanticidal death – Article 265 of the RPC
 Murder – Article 248 RPC
 Homicidal death – Article 249 RPC
o Requisites of Crime causing violent death
 (1) That the victim at the time the physical injuries were inflicted was in normal
health. (2) That the death may be expected from physical injuries inflicted.
 (3) That death ensued within a reasonable time
o Death under Special Circumstances
 Death cause in a Tumultuous Affray – Article 251 RPC
  Death or Physical Injuries Inflicted under Exceptional Circumstances – Article 247
RPC

DIFFERENTIATE

 NATURAL DEATH / VIOLENT DEATH

o In natural death, the fatality is caused solely by disease. Whereas in violent death,
the death is due to injury of any sort (gun shot, stab, fracture, traumatic shock, etc).
 SUICIDE / HOMICIDE
o Suicide is usually the unfortunate consequence of mental illness and social
disorganization. Homicide, on the other hand, is any person who, not falling within the
provisions of Article 246 shall kill another without the attendance of any circumstances
enumerated in the next preceding circumstances enumerated in the next preceding
article.

EXPLAIN / DISCUSS

 Primary purpose of a Medico-Legal Autopsy – is the determination of the cause of death.

It must further be shown that the death is the direct and proximate consequence of the
criminal or negligent act of someone. If death developed independent of an unlawful act, then
the person who committed the unlawful act cannot be held responsible for the death.
 Cause of death - is the injury, disease or the combination of both injury and disease
responsible for initiating the trend or physiological disturbance, brief or prolonged, which
produce the fatal termination. It may be immediate or proximate.
 Immediate or Primary Cause of Death – this applies to cases when trauma or disease kill
quickly that there is no opportunity for sequelae or complications to develop. An extensive rain
laceration as a result of a vehicular accident is an example of immediate cause of death.
 Proximate or Secondary Cause of Death - The injury or disease was survived for a
sufficiently prolonged interval which permitted the development of serious sequelae which
actually caused the death. If a stab wound in the abdomen later caused generalized peritonitis,
then peritonitis is the proximate cause of death.
 Mechanism of Death - is the physiologic derangement or biochemical disturbance
incompatible with life which is initiated by the cause of death. It may be hemorrhagic shock,
metabolic disturbance, respiratory depression, toxemic condition, cardiac arrest, tamponade,
etc.
 Questions that must be answered if signs of violence are associated with the
Natural Cause of Death
o Did the Person Die of a Natural Cause and were the Physical Injuries Inflicted
Immediately After Death? - If violence was applied on a dead person, the person
inflicting the physical injuries cannot be guilty of murder, homicide or parricide. The act
is considered to be an impossible crime and is penalized as such. In order that it may be
considered an impossible crime, the person inflicting the physical injuries must have no
knowledge that the victim is already dead at the time of infliction.
o Was the Victim Suffering from a Natural Disease and the Violence Only Accelerate the
Death? - If the violence inflicted on a person suffering from a natural disease only
accelerated the death of the victim, the offender inflicting such violence is responsible
for the death of the victim. It is immaterial as to whether the offender has no intention
of killing the victim. The fact that the victim died, the offender must be held responsible
to whatever be the consequence of his wrongful act.
 o Did the Victim Die of a Natural Cause Independent of the Violence Inflicted? - If a
person died of a natural cause and the physical injuries inflicted is independent of the
cause of death, the accused will not be responsible for the death but merely for the
physical injuries he had inflicted.
 Penal Classification of Violent Deaths and the Requisite
o Accidental Death: Death due to misadventure or accident. An accident is something that
happens outside the sway of our will, and although it comes about through some act of
will, lies beyond bounds of human forseeable consequences.
In a pure accidental death, the person who causes the death is exempted from criminal
liability. Art. 12, No. 4, Revised Penal Code: Exempting Circumstances: The following are
exempt from criminal liability:
4. Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it.
Elements of the Provision: (a) A person is performing a lawful act. (b) He
performed it with due care. (c) He caused injury to another by mere accident. (d) He is
without fault and with no intention of causing it.
o Negligent Death: Death due to reckless imprudence, negligence, lack of skill or lack of
foresight. The Revised Penal Code provides that felonies may be committed when the
wrongful act results from imprudence, negligence, lack or foresight or lack of skill. If
death occurred due to the recklessness of someone, he may be charged for homicide
through reckless imprudence.
o Suicidal Death (Destruction of One's Self): not punished under the law. But, a person
who gives assistance to the commission of suicide of another is punishable because he
has no right to destroy or assist in the destruction of the life of another.

Art. 253, Revised Penal Code: Giving assistance to suicide:

Any person who shall assist another to commit suicide shall suffer the penalty of prision
mayor; if such person lends his assistance to another to the extent of doing the killing himself,
he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated
the penalty of arresto mayor in its medium and maximum periods shall be imposed.

Acts Punishable in Giving Assistance to Suicide:

(a) The offender assisted in the commission of suicide of another which was
consummated. (b) The offender gave assistance in the commission of suicide to the extent of
d6ing the killing himself which is consummated. (c) The offender assisted another in the
commission of suicide which is not consummated.

ENUMERATE

 Manner of Death Classification

o Natural Death
o Violent or Unnatural Death
 Medico Legal classification of the causes of death
o Natural Death
o Violent Death
 Accidental Death
 Negligent Death
 Infanticidal Death
 Parricidal Death
 Murder
  Homicidal Death
 Considerations that death is caused by trauma
o (don’t know lol)
 Classification of Trauma or injuries
o Physical injury
o Thermal Injury
o Electrical Injury
o Atmospheric Injury
o Chemical Injury
o Radiation Injury
o Infection
 Penal Classification of Violent Deaths and the Requisites of the Crime charged
o Accidental Death - In a pure accidental death, the person who causes the death is
exempted from criminal liability.
 Art. 12, No. 4, Revised Penal Code:
o Negligent Death - Death due to reckless imprudence, negligence, lack of skill or lack
of foresight.
 Homicide through Reckless Imprudence
o Suicidal Death (Destruction of One's Self): Art 253 of the RPC (Giving Assistance to
suicide)
o Parricidal Death (Killing of One's Relative): Art. 246, Revised Penal Code
Requisites of the Crime:

(a) A person was killed by the offender. (b) The person killed was the father, mother, or
child, whether legitimate or illegitimate in relation with the offender, or other legitimate
ascendants, or descendants or spouse of the offender.

o Infanticidal Death: Article 265 RPC

 Requisite:
 (a) A person was killed.
 (b) The person killed was a child less than three days old.
o Murder: Aricle 248 RPC
 Requisite:
 (a)The offender killed the victim;
 (b) The killing is attended by any of the qualifying circumstances
mentioned;
 (c) There was the intent of the offender to kill the victim;
 (d) The killing is not parricide or infanticide.
o Homicidal Death: Article 249 RPC
o (a) The victim of a criminal assault was killed;
o (b) The offender killed the victim without any justification;
o (c) There is the intention on the part of the offender to kill the victim and such
presumption can be inferred from the death of the victim;
o (d) That the killing does not fall under the definition of the crime of murder,
parricide or infanticide.

 Pathological Classification of the causes of death

o Death from Syncope
o Death from Asphyxia
o Death from Coma