Republic of the Philippines
Regional Trial Court
Branch 11
La Trinidad, Benguet
PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE NO. 17071-18
-versus- FOR:
STATUTORY RAPE
MANNY A KIX,
Accused.
JUDICIAL AFFIDAVIT OF
EILEEN MAE B. BANDONILL
This Judicial Affidavit of Eileen Mae B. Bandonill executed to serve as her direct
testimony in the instant case. The Judicial Affidavit is offered to prove:
(1) all the allegations in the rape case; including all the ANNEXES appended thereto,
which he respectfully requests to be correspondingly marked as EXHIBITS in this case;
and
(2) all matters related thereto, with reservation to present additional exhibits in the course
of the proceeding of the instant case.
QUESTIONS were propounded by Plaintiff’s counsel, Atty. Fermar G. Andrada in
English, the affiant fully understands, while ANSWERS were given by witness Eileen Mae B.
Bandonill in English.
BACKGROUND OF THE CASE
Mary Ann Joy A Lagyop is a minor and a resident of Ambiong, La Trinidad, that on May
9, 2005, accused Manny A Kix allegedly with force and violence had carnal knowledge of the
victim against her will.
PRELIMINARY QUESTIONS
Q: Kindly please state your name, and profession for the benefit of the court.
A: I am Eileen Mae B. Bandonill, a medical doctor and a gynecologist.
Q: So you are a medical doctor?
A: Yes.
Q: With regards to your educational background, what is your bachelor’s degree and
where and when did you graduate?
A: I graduated from Saint Louis University with the degree Bachelor of Science in
Nursing in the year 1980.
Q: When and where did you graduate from medical school?
A: I graduated from Saint Louis University in the year 1985.
Q: Where are you practicing your profession?
A: At the Baguio Medical Center.
Q: Do you have any other occupation apart from being a gynecologist?
A: Yes. I am also a part-time faculty of the School of Medicine and School of Nursing at
Saint Louis University and University of the Cordilleras College of Criminal Justice
Education.
Q: What do you teach at Saint Louis University School of Nursing?
A:
Q: What do you teach at Saint Louis University School of Medicine?
A:
Q: What do you teach at University of the Cordilleras?
A: Forensic Medicine.
Q: How long have you been practicing your profession as gynecologist?
A: I am practicing my profession for the past 32 years starting 1986 after I passed my
Medical Board Examination.
Q: Did you ever have any other kind of studies, like for example graduate studies?
A: Yes. I took up. The top in US
Q: What is your job description as a gynecologist?
A:.
Q: So, examination of ---- is a part of your job?
A: Yes.
Q: How long have you been doing such examination?
A: For about 24 years now.
Q: Can you recall, at least by your estimate the number of cases you conducted similar
examination?
A: At least 80.
Q: Is this your first time to testify as an expert witness?
A: No, this is not my first time.
Q: So how many times have you testified?
A: This is my 55th time to appear and testify as an expert witness.
Q: So with your 24 years’ experience in the medical profession?
A: Yes I am.
DIRECT EXAMINATION PROPER
Q: What were you asked to do in relation to this case?
A: I was asked to conduct medical examination to the victim M (name excised).
Q: Where did you examine the victim?
A: I examined the victim at the premises of NBI-CAR.
Q: When did you examine the victim?
A: I examined the victim on the 12th day of May 2005 at 3:30 in the afternoon.
Q: Was that the first time you saw the victim?
A: Yes.
Q: Who called you in to examine the victim?
A: I was called by the National Bureau of Investigation to conduct an Acute Evidentiary
Examination of the victim.
Q: What is this Acute Evidentiary Examination?
A: This is a series of examinations conducted within 72 hours after the incident occurred.
Q: Are these examinations the same regardless of the case?
A: No, the series of examination vary from every case.
Q: What are the specific examinations you performed to the victim?
A: It includes General Physical Examination & Ano-Genital Examination
Q: Before you conducted these examinations, can you describe the victim upon seeing it?
A: The victim seems to be fine except for some visible contusion on her lower chin.
Q: Can you please discuss the findings of the General Physical examination you
conducted on the victim?
A: My findings are as follows:
The victim is that of a fairly developed, fairly nourished 13 year old Filipina. The
length is 62.5 inches from crown to sole, and the estimated weight is 130-150 lbs.
The victim is conscious, ambulant and not in distress.
Mental status appears to be normal and was oriented to time, place and person.
Pertinent physical findings include the presence of multiple contusions on both
breast and yellow chin measuring 0.5 to 1cm in diameter, yellowish green in
color.
Q: Can you please discuss the findings of the Ano-Genital examination you conducted on
the victim?
A: My findings are as follows:
The victim has normal looking external female genitalia with no evident injuries
at the time of examination.
No evident injuries at the urethral and periurethral injuries at the time of the
examination.
Presence of a 1cm, midline, longitudinal fresh laceration with hematoma
formation extending up to the posterior fourchette in the perthymenal area and
fossa navicularis.
Presence of moderate amount of whitish to yellowish vaginal discharge with fishy
odor
IE and speculum examination was not conducted (WHY)
No evident injuries in the anal area.
Q: Did you conduct other examinations?
A: Yes.
Q: What are these examinations?
A: Laboratory examination of the vaginal discharge for Gram’s stain and sperm cell
identification.
Q: : Can you please discuss the findings of the laboratory examination you conducted?
A: My findings are as follows:
Gram’s stain results shows plenty of Gram negative rods with moderate Gram
positive rods, pus cells-positive four
Negative for sperm cell
Q: Based on your findings, what do these findings suggest?
A: The medical evaluation suggestive of abuse or sexual contact.
Q: Can you explain to us in layman terms the findings for the better understanding of the
court?
A:
Q: So based on your findings, it suggests possible abuse or sexual contact?
A: Yes.
Q: Doctor, are you the one who prepared, issued and signed this Medico-Legal
Certificate?
A: Yes.
(Identification of the Medico-Legal Certificate)
(Request for the marking of the certificate as Exhibit “C”)
Q: Do you attest to the truthfulness of your statements and allegations in this Judicial
Affidavit?
A: Yes.
IN WITNESS WHEREOF, I have hereunto affixed my signature, this 10th day of
October year 2018 at Baguio City, Philippines.
EILEEN MAE B. BANDONILL
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of October year 2018 at
Baguio City, Philippines, and I hereby certify that I have personally examined the affiant
and that I am convinced that he understood and voluntarily executed this Judicial
Affidavit.
Copy Furnished:
ATTY. ALDRICH NICOLE BASALI
Puso ng Baguio Building
Session Road, Baguio City
THE CLERK OF COURT
Regioal Trial Court, Branch 11
La Trinidad, Benguet
ATTESTATION
I, ATTY. FERMAR GALENO ANDRADA, of legal age, single, and a resident of
Gibraltar, Baguio City, after duly sworn to in accordance with law, hereby depose and say that:
(1) I am the counsel for the Republic of the Philippines in Case No. 17071-18
(2) I faithfully recorded or caused to be recorded the question I asked and the
corresponding and the corresponding answers that the witness gave for his Judicial
Affidavit; and
(3) Neither I nor any other person then present or assisting him coached the witness
regarding the latter’s answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th Day of October
2018, Baguio City, Philippines.
ATTY FERMAR GALENO ANDRADA.
Affiant
Subscribed and Sworn to before ne this 10th day of October 2018, Baguio City,
Philippines, affiant exhibited her IBP ID No. 17077071 as his competent evidence of identity.
Doc No. 004. NOTARY PUBLIC
Page No. 013.
Book No. 044.
Series of 2018.
