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Legal Medicine and Drug Laws Overview

I. Legal medicine applies medical and surgical concepts to assist in legal matters. Medical jurisprudence studies medical law and its application. II. Adultery and concubinage are punished under Philippine law. Bigamy, or marrying again before a previous marriage is dissolved, is also punished. III. Serious and less serious physical injuries are defined and punished under Philippine law.
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0% found this document useful (0 votes)
59 views4 pages

Legal Medicine and Drug Laws Overview

I. Legal medicine applies medical and surgical concepts to assist in legal matters. Medical jurisprudence studies medical law and its application. II. Adultery and concubinage are punished under Philippine law. Bigamy, or marrying again before a previous marriage is dissolved, is also punished. III. Serious and less serious physical injuries are defined and punished under Philippine law.
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Download as DOC, PDF, TXT or read online on Scribd

I.

LEGAL MEDICINE- is that branch of medicine that applies medical and surgical concepts, scientific
knowledge and skills to medicolegal issues, in order to assist the trier of facts in the proper
dispension of justice.

MEDICAL JURISPRUDENCE- is the study of Medical Law and its applicable Jurisprudence that
governs, regulates and defines the practice of medicine

II.

Art. 333 ADULTERY is committed by any married who shall have sexual intercourse with another man
who is not her husband and by the man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void. (punishable by prision coreccional on
its medium and maimum)

Art. 334 CONCUBINAGE – any husband who shall keep a mistress in conjugal dwelling, or, shall have
sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place, shall be punished by prision correccional in its miimum and
medium periods

The concubine shall suffer penaty of destierro

Art. 349 BIGAMY – the penalty of prision mayor be imposed upon any person who shall contract a
second or subsequent marriage before the former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead by means of a judgement rendered in the
proper proceedings

III

Art. 263 SERIOUS PHYSICAL INJURIES- Any person who shall wound, beat, or assault another, shall
be guilty of the crime of serious physical injuries:

1. When the injured person becomes insane, imbecile impotent or blind in consequence of
the physical injuries inflicted. ( prision mayor)
2. When the injured person (a) loses the use of speech or the power to hear or to smell, or
loses an eye, hand, foot, an arm, or a leg, or (b)loses the use of any such member, or (c)
becomes incapacitated for the work in which he was therefore habitually engaged, in
consequence of the physical injuries inflicted. (prision correccional in its medium and
maximum)
3. When the person injured (a) becomes deformed, or (b) loses any other member of his
body, or (c)loses the use thereof, or (d) becomes ill or incapacitated for the performance
of the work in which he was habitually engaged for more than 90 days, in consequence
of the physical injuries inflicted. (prision correctional in its minimum and medium)
4. When the injured person becomes ill or incapacitated for labor for more than 30 days
(but not more than 90 days), as a result of the physical injuries inflicted. (arresto mayor
in its maximum and prision correctional in its minimum)

Art. 265 LESS SERIOUS PHYSICAL INJURIES – Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended party for
labor for ten days or more, or shall require medical assistance for the same period, sihall be guilty of
less serious physical injuries and shall suffer the penalty of arresto mayor.

Qualified less physical injuries:

1. A fine not exceeding Php 500, in addition to arresto mayor when-


a. There is a manifest insult or offend the injured person
b. There are circumstances adding ignominy to the offense.
2. A higher penalty is imposed when the victim is either-
a. The offender’s parents, ascendants, guardians, curator or teachers
b. Persons of rank or persons in authority, provided the crime is not direct
assault

*** That the offended party is incapacitated for labor for 10-30 days, or needs medical
attention

Art. 266 SLIGHT PHYSICAL INJURIES- shall be punished:


1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall require medical attendance during the same
period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused
physical injuries which do not prevent the offended party from engaging in his habitual work nor
require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall
ill-treat another by deed without causing any injury.

IV
R.A. 9165 This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".

It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry
particularly the youth, from the harmful effects of dangerous drugs on their physical and mental
well-being, and to defend the same against acts or omissions detrimental to their development and
preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law
against dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system of
planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with adequate amounts
of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-
integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.

V.

DRUG ADDICTION is a state of periodic or chronic intoxication produced by the repeated


consumption of a drug (natural or synthetic). Its charac- teristics include:
1) An overpowering desire or need (compulsion) to continue tak- ing the drug and to obtain it by any
means;
2) A tendency to increase the dose;
3) A psychic (psychological) and generally a physical depend- ence on the effects of the drug;
4) Detrimental effect on the individual and on society.

DRUG HABITUATION (habit) is a condition resulting from the repeated consumption of a drug. Its
characteristics include:
1) A desire (but not a compulsion) to continue taking the drug for the sense of improved well- being
which it engenders:
2) Little or no tendency to increase the dose;
3) Some degree of psychic depend- ence on the effect of the drug, but absence of physical
dependence
and hence of an abstinence syndrome;
4) Detrimental effects, if any, primarily on the individual.

VI.
MEDICAL MARIJUANA

One of the most egregious outcomes of marijuana prohibition is that many sick people cannot legally
access the medicine that works best for them. For many seriously ill people, medical marijuana is the
only medicine that relieves their pain and suffering, or treats symptoms of their medical condition,
without debilitating side effects. Marijuana has been shown to alleviate symptoms of a huge variety
of serious medical conditions including cancer, AIDS, and glaucoma, and is often an effective
alternative to synthetic painkillers.

Medical Marijuana Access and Research

Twenty-three states and the District of Columbia have passed medical marijuana laws legalizing the
use and production of medical marijuana for qualifying patients under state law. However, the
medical use of marijuana remains illegal under federal law, and patients in the remaining states are
without any legal access at all. Even in states where medical marijuana laws exist, patients and
providers are vulnerable to arrest and interference from federal law enforcement.

Marijuana prohibition has also thwarted research within the United States to uncover the best and
most effective uses for marijuana as a medicine, making efforts to reform medical marijuana laws
particularly difficult.

DPA played a primary role in the passage of medical marijuana laws in nine states, starting
with California’s Proposition 215 in 1996. We seek to implement medical marijuana programs in
additional states and to expand existing programs to better protect patients’ rights and to improve
patient access to their medicine.

The Drug Policy Alliance is committed to increasing the number of states with medical marijuana
laws, supporting and improving existing state medical marijuana programs, protecting medical
marijuana patients, and ending the federal ban on medical marijuana so that all patients within the
United States have safe access to quality medicine and research into marijuana’s medicinal benefits
can move forward.

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