Republic of the Philippines

Regional Trial Court

Branch 23
Baguio City

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus - CRIMINAL CASE No.

12345
for: MURDER

JOHN DOE
Accused,

x-----------------------------------------x

JUDICIAL AFFIDAVIT OF THE EXPERT WITNESS

(For the Defense)

Examining counsel: ATTY. JUAN DELA CRUZ with office

address at Rm. 123, Laperal Building, Diego Silang St, Baguio
City.

Place of Examination: Rm. 123, Laperal Building, Diego

Silang St, Baguio City.

I, Dr. Maria Perez, of legal age, married, Filipino citizen

and with business address at PNP Regional Crime Laboratory
Office, Camp Dangwa, La Trinidad, Benguet, after having been
duly sworn to in accordance with law, hereby depose and say in
answer to the direct examinations of Atty. Juan Dela Cruz.

BACKGROUND OF THE CASE

Nicanor Santos y Rivera, 23 year old, male, single, residing
at Atok Trail Barangay, Baguio City, Benguet was stabbed several
times by still unidentified suspect/s and was declared dead on
arrival at the Baguio General Hospital and Medical
Center(BGHMC). The crime was committed around 10:30 in the
evening of 9 August 1998 along Atok Trail, Baguio City.

EXPERT WITNESS: MARIA PEREZ, MD

FACTS TO BE ESTABLISHED:
 1. The fact of death of NICANOR SANTOS y RIVERA.
2. The cause of death hemorrhage as a result of the stab
wounds on the body.
DIRECT EXAMINATION OF THE EXPERT WITNESS

ATTY: (Formal offer of Testimonial Evidence): Your Honor, I

would like to offer the testimony of Dr. Maria Perez, the medico-
legal officer who examined the body of the victim, Nicanor
Santos y Rivera. He will testify as to the fact of death of the
victim, and that he will testify that the victim died by
hemorrhage as a result of the stab wounds on the body.

PRELIMINARY QUESTIONS

Q: Please state your name and profession for the benefit of the
court.

A: My name is Maria Perez, a medical and forensic doctor.

Q: Kindly state your educational background leading to your

profession as of this date.

A: I obtained a Bachelor of Science in Biology Degree from the

University of the Philippines Baguio in the year 1980. Thereafter,
I went to medical school in the Pamantasan ng Lungsod ng
Maynila, graduated in 1984 and passed the medical board
examinations in 1986. I further continued my studies and
obtained a Master’s Degree in Criminal Justice with
specialization in Forensic Medicine from the University of the
Cordilleras in 1990.

Q: What is your current profession?

A: I am the current medico-legal officer of the PNP’s Regional

Crime Laboratory Office at Camp Dangwa, La Trinidad, Benguet.

Q: How long have you been practicing your profession as a

medical doctor?

A: For 20 years now starting the year I passed the medical board
examinations.

Q: How long have you been practicing your profession as a

medico-legal officer in the PNP’s Regional Crime laboratory?
A: For 15 years now starting 1991.

Q: What do you do as a medico-legal officer in the Crime

Laboratory?

A: I conduct external and internal physical examinations of

individuals and I also conduct autopsies on cadavers presented in
the Crime Laboratory.

Q: Can you recall how many cadavers you have examined so far?

A: More or less around 500 cadavers now.

Q: Is this your first time to testify in court?

A: No, this is not my first time.

Q: To the best of your knowledge how many times have you

testified as an expert witness?

A: I have made 101 testimonies as an expert witness as of this

date.

Q: Having been stated these information about your years of

experience as a medical doctor and medico-legal officer, can you
say with absolute certainty that you are qualified to testify as an
expert witness to attest the cause of the death of Nicanor Santos
y Rivera?

A: Yes, I am.

DIRECT EXAMINATION PROPER

Q: Were you tasked to perform the autopsy on the body of the

victim Nicanor Santos y Rivera?

A: Yes, as the medico-legal officer, I was tasked to examine the

cadaver of Nicanor Santos y Rivera.

Q: Where did you examine the cadaver of Nicanor Santos y

Rivera?

A: I examined the victim’s body at the morgue of La Funenaria

Paz located at No.79 Naguilian Road, Baguio City.
Q: When did you examine the body? Kindly recall the exact date
and time of the examination.

A: I started to examine the body at 1330H of 10 Aug 1998 and

completed the examination at 1100H of 11 Aug 1998.

Q: Was that the first time for you to see the body of Nicanor
Santos y Rivera?

A: Yes.

Q: Can you describe the body upon seeing it?

A: There were several stab wounds, there were no deformities,
no amputations, no old surgical scars or venipuncture sites
noted.
Q: Can you please discuss the examination you conducted on the
body.

A: I conducted a post-mortem examination of the body to

determine the cause of death.

Q: What were your findings?

A: My findings are as follows:

-The body is that of a fairly developed, fairly nourished

Filipino male measuring 160cms.
-There is post-mortem lividity at the dependent portions of
the body. Conjunctivae, lips and nailbeds are pale.
-There is a stab wound, left ifra-mammary region,
measuring 4.5xl.5cm, from the anterior midline, 11cms deep,
directed posteriorwards, slightly downwards and medialwards,
fracturing the left 6th thoracic vertebra, lacerating the left dome
of the diaphragm and left lobe of the liver, with 4 stitches
applied.
-There is a stab wound, left infra-mammary region,
measuring 3.5x1.2cm, from the anterior midline, 11cms deep,
directed posteriorwards, slightly upwards and medialwards
passing thru the 6th left lung pericardial sac and the apex of the
heart, with 2 stitches applied.
- There is a stab wound, left shoulder, measuring 6.5x6cm,
13cms from the anterior midline, with 10 stitches applied.
-There is a stab wound, middle 3rd of the left thigh,
measuring 4.5x2cm, 3cm from the anterior midline, 8cm deep,
directed posteriorwards, upwards, lacerating the underlying soft
tissues and muscles.
-There is linear abration, left lateral aspect of the neck,
measuring 1x0.4cm, 4cm from the anterior midline.
-There is a linear abrasion, anterior aspect of the neck,
measuring 0.5x0.2cm, 3cm from the anterior midlin.
- There are about 2,000cc of blood and blood clots
accumulated in the thoracic cavity.
-The stomach is full of partially digested food particles,
consisting mostly of rice and meat. And the rest of the visceral
organs are grossly unremarkable.

Q: Can you describe in detail by layman’s terms the condition

and injury of the victim.

A: Lividity or livor mortis is the settling of blood in the most

dependent portion of the body under the influence of gravity,
causing a purplish, dark red discoloration. A stab wound is a
specific form of penetrating trauma to the skin that results from
a knife or a similar pointed object that is "deeper than it is wide."
Abrasion is a wound caused by superficial damage to the skin, no
deeper than the epidermis, it is less severe than a laceration, and
bleeding if present, is minimal. Blood clot is a gelatinous or
semisolid mass of coagulated blood.

Q: Based on your findings, what in your best knowledge is the

cause of death of the victim?

A: The victim died of hemorrhage as a result of the stab wounds

on the body.

Q: Can you explain in layman’s terms the cause of death of the

victim.

A: Hemorrhage is the escape of blood from a ruptured blood

vessel, especially when profuse. Death by stab wounds are
typically due to hemorrhage.

Q: Based on your findings, the victim died due to multiple stab

wounds which caused the hemorrhage?

A: Yes, definitely.
Q: Aside from the stab wounds, are there any other external or
internal findings that may have caused injury or death to the
victim?

A: There are no other injuries aside from the stab wounds.

Q: Did you affirm that you prepared, issued, and signed this
medico-legal certificate?

A: Yes.

Q: Do you confirm that the contents of this is true and correct

and are you willing to sign this as your conformity to all that has
been stated in this document?

A: Yes.

- No Further Questions -

IN WITNESS WHEREOF, I have hereunto set my hand this

th
12 day of August 1998 in Baguio City.

Maria Perez, MD
(Affiant)
SUBSCRIBED AND SWORN to before me this 10th of May
2008 at Baguio City by the affiant who personally appeared
before me and presented to me her Driver’s License, which
sufficiently establishes his identity and who attested the truth of
the foregoing.

John Tores
Notary Public
Doc no ______; Until December 31 1998
Page no ______; PTR No 12897/ Baguio
City/01-01-98
Book No____ Series of 1998 Roll no 98765555

ATTESTATION
I, ATTY. JUAN DELA CRUZ, hereby state that I have faithfully
recorded or caused to be recorded the questions I asked and the
corresponding answers given by Dr. Maria Perez and that neither
I nor other person then present or assisting me coached Dr.
Maria Perez her answers.

Atty. Juan dela Cruz

SUBSCRIBED AND SWORN to before me this 12th of August

1998 at Baguio City by the affiant who personally appeared
before me and presented to me his Driver’s License, which
sufficiently establishes his identity and who attested the truth of
the foregoing.

John Tores
Notary Public
Doc no ______; Until December 31 1998
Page no ______; PTR No 12897/ Baguio
City/01-01-98
Book No____ Series of 1998 Roll no 98765555

The original copy of this judicial affidavit is filed with the

Honorable Court and duplicate copies thereof are furnished by
personal service to:

Office of the City Prosecutor

Justice Hall, Baguio City