Republic of the Philippines

Regional Trial Court

Branch 10
Zamboanga City
THE PEOPLE OF THE PHILIPPINES
Plaintiff,
CRIMINAL CASE
NO. 102355
For
HOMICIDE
-versusDriver
X-----------------------------------------------------------------------X

JUDICIAL AFFIDAVIT OF
Juan Dela Cruz

I, Juan Dela Cruz, of legal age; married; living at Governor

Camins Avenue, Zamboanga City; and the Police Chief Inspector/
Medico-Legal Officer of the Regional Crime Laboratory Office,
Philippine National Police, Zamboanga City ; witness in this case,
state under oath as follows:
The person examining me is Atty. Muhaidir U. Alawi II with
address at Baliwasan, Zamboanga City, for purposes of executing
my judicial affidavit as witness in this case. The examination was
held at the same address. I am answering his questions fully
conscious and aware that Im executing such under oath and may
face criminal liability for false testimony and perjury.
QUESTIONS were advanced and propounded by counsel,
Atty. Muhaidir Uy Alawi II in English-British Accent, which the
affiant fully comprehends, while ANSWERS were delivered by
witness Juan Dela Cruz, also in English-British Accent and the
corresponding translation of his answers is provided after each
question.
Q1: Do you swear to tell the truth and nothing but the truth?
A1: I do.

Q2: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A2: I`m definitely aware of such consequences.
Q3: Please state your complete name, age and occupation.
A3: I am Juan Dela Cruz, 50 years old. I am a Medical Doctor and a
Medico-Legal Officer.
Q4: Dr. Dela Cruz, where do you work as a Medico-Legal Officer?
A4: I am a Medico-Legal Officer with a rank of Police Chief
Inspector at the Regional Crime Laboratory Office, Philippine
National Police, Zamboanga City.
Q5: How long have you been practicing your profession as a
Medico-Legal Officer Dr. Dela Cruz?
A5: 20 years sir.
Q6: Before you became a Medico-Legal Officer of the Philippine
National Police, have you been working as a private medical
practitioner?
A6: Yes I am.
Q7: During your stint as a private medical practitioner, have you
conducted autopsies?
A7: Yes, in private capacity, I have conducted autopsies.
Q8: When did you start practicing your profession as a MedicoLegal Officer in the Regional Crime Laboratory Office, Philippine
National Police, Dr. Dela Cruz?
A8: From 1995 up to present sir.
Q9: In your capacity as a Medico-Legal Officer of the Regional
Crime Laboratory Office-Cordillera, Philippine National Police how
many cadavers have you conducted autopsies from 1995 up to
present Dr. Dela Cruz?
A9: If my memory serve me best, around two thousand (2,000)
bodies excluding autopsies done during the Typhoon Yolanda?

Q10: What do you mean excluding autopsies done during the

Typhoon Yolanda?
A10: We were called to help in the identification of bodies after
the typhoon in Leyte and some of the bodies were subject to
autopsies.
Q11: Dr. Dela Cruz, where were you on June 20, 2006 at around
9:00 am?
A11: I was in the Regional Crime Laboratory Office.
Q12: Aside from being the head of your office, what are you doing
there?
A12: I conducted an autopsy requested by the Chief of Police of
Zamboanga City.
Q13: May I ask to whose remains have you conducted the
autopsy?
A13: I conducted the autopsy on the remains of Mr. Driver.
Q14: How are you able to identify that the remains belongs to one
Mr. Driver
A14: Aside from her dental records sir, the remains were
personally and visually identified by the wife of the victim.
Q16: When was the body of Ms. Khnakita found?
A16: On June 19, 2006 at around 3am.
Q17: Dr. Dela Cruz, what was the state of the body of Mr. Driver
when you conducted such autopsy?
A17: The body is that of a well-developed, well-nourished adult
male, 185 pounds and 65 inches, whose appearance is
appropriate for the stated age of 38 years. The body is cold.
There were penetrating wounds that were visibly seen in Mr.
Driver body sir.
Q18: What are these penetrating wounds/injuries, Dr. Dela Cruz?
A18: These comprise of gunshot wounds located on the chest.

Q19: Can you described to us these gunshot wounds?

A19: Yes sir. The entrance wound is located on the left chest, 17
inches below the top of the head, 1 inch left anterior midline, and
inch below the nipple. It consist 1 x inch diameter round
entrance defect with soot ring abrasion and a 2x2 inch area of
stippling.
Q20: Any wound of exit Dr. Dela Cruz?
A20: Further examination demonstrates that the wound tract
passes directly from front to back and enters the pleural cavity
with perforation of left anterior fifth intercostal space, pericardial
sac, right ventricle of the heart, and right lower lobe of the lung.
There is no wound of exit.
Q20: Are there any other external wound sustained by the victim
Dr. Dela Cruz?
A20: Aside from the gunshot wounds? There were none.
Q23: Based on your findings doctor, what is the cause of the
death of Mr. Driver?
A23: Autopsy examination revealed a penetrating gunshot wound
located on the left chest, which damaged the heart, lung and
resulted in internal bleeding.
Q24: Are all your findings reduced in writing Dr. Dela Cruz?
A24: Yes sir, there is an autopsy report.
Q25: Where is the autopsy report?
A25: It is currently in my possession at this moment, sir.
Q26: Am I permitted in marking this autopsy report as Exhibit A
and the bracketed signature above the name of Juan Dela Cruz as
Exh. A-1?
A26: Yes sir.
Q27: Are you the same Juan Dela Cruz, the Medico-Legal Officer
who conducted the autopsy in this case?
A27: Yes, sir.

Q28: Is the signature affixed in the autopsy report your signature

doctor?
A28: Yes, the signature affixed in the autopsy report of Mr. Driver
is my signature.
Q29: I am attaching Exhibit A to your judicial affidavit to form part
of it. Do you confirm my action?
A29: Yes, sir.
.................................
Affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd
Day of September 2006 at Zamboanga City.

JOSE E. DELA AMZONA, MD

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Zamboanga this 3rd Day of September 2006. Affiant
personally came and satisfactorily proven his identity with license
id issued on May 5, 1992 by the Professional Regulation
Commission on the 2nd Day of September 2006 at my office
located at Zamboanga City bearing his photograph and signature,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.

ATTY. Muhaidir Uy Alawi II

Notary Public
Until December 31, 2006
Commission Serial No. 85-NC-!!
Office: Zamboanga City
(076) 442-0986/ 09999663496
PTR No. 7890678; 8-22-90
IBP Lifetime Membership No. 08976564 Zamboanga City
MCLE No. IV-0006789, 7-21-05

Doc. No. _________.

Page No. _________.
Book No. _________.
Series of 2006

ATTESTATION
I, Atty. Muhaidir U. Alawi II, of legal age, Filipino, with postal
address Baliwasan, Zamboanga City, after being duly sworn
depose and say:
1. I was the one who conducted the examination of witness
Juan Dela Cruz at my aforementioned office in Zamboanga
City;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. I nor any other person then present or assisting him coached
the witness regarding his answer;
IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd
Day of September 2006 at Zamboanga City.

ATTY. Muhaidir U. Alawi II

Notary Public
Until December 31, 2006
Commission Serial No. 85-NC-11
Office: Zamboanga City
(076) 442-0986/ 09999663496

PTR No. 7890678; 8-22-90

IBP Lifetime Membership No. 08976564 Zamboanga City
MCLE No. IV-0006789, 7-21-05

Doc. No. _________.

Page No. _________.
Book No. _________.
Series of 2006

Copy Furnished:
Office of the City Public Prosecutor