REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

PARANAQUE CITY
BRANCH 274

PEOPLE OF THE PHILIPPINES,

Complainant, CRIMINAL CASE No. 95-404
FOR: RAPE WITH HOMICIDE

-versus-

HUBERT JEFFREY WEBB, et al.,

Accused.
X--------------------------------------------X

JUDICIAL AFFIDAVIT OF
DR. PROSPERO A. CABANAYAN

This Judicial Affidavit of DR. PROSPERO A. CABANAYAN NBI

Medico-Legal Officer, is executed to serve as his direct testimony in the
instant case. This Judicial Affidavit is offered to support all the
allegations in INFORMATION.

QUESTIONS were propounded by the prosecutors, in English,

which the affiant fully understands, and ANSWERS were given/made by
witness DR. PROSPERO A. CABANAYAN also in English.

1. Q: Please state your name, age, residence address, and occupation.

A: I am DR. PROSPERO A. CABANAYAN, 50, Quezon City, a

Medico-Legal Officer of the National Bureau of Investigation (NBI).

2. Q: Do you personally know the parties in this case?

A: No, Atty.

3. Q: What was your participation in this case, if any?

A: The victim’s body was brought for autopsy in the bureau’s

laboratory. I was the one conducted the autopsy on the victim’s body.

4. Q: Whose body that you say you examined?

1
 A: Ma. Carmela Vizconde, Atty.

5. Q: Why was her body brought to your office?

A: She was one of the victims of the massacre happened in

Paranaque on June 30, 1991.

6. Q: Did you make any report on the autopsy conducted?

A: Yes, Atty. (Exhibit F-1)

7. Q: What was the findings of the autopsy you conducted, Doctor?

A: There are grip marks, bruises and scratches in her hands, legs
and arms which shows that there was force exerted when the victim
was assaulted. A total of seven (7) stab wounds all over her body. In
her genitalia, there are vaginal lacerations, swelling and trauma which
are all may be caused by a forceful entry of insertion of a hard object or
by sexual assault. The presence of spermatozoa in the victim’s genitalia
indicates that there was a sexual intercourse happened.

8. What was the cause of the victim’s death according to your autopsy
findings Doctor?

A. The victim cause of death of the victim was exsanguination or

death due to blood loss.

9. Q: In your Autopsy Report, you concluded that the victim was raped,
is that right?

A: Yes, Atty. The victim’s vagina was swelling and shows vaginal
trauma which means that the same was caused by rough sexual
intercourse and forceful insertion of penis which caused bleeding and
bruising of the same. The bruises and scratches also shows that
violence was exerted. The presence of semen indicates that there was
ejaculation happened from the perpetrator hence the victim was raped.

10. Q: Are you prepared to sign and swear to the truth of the matters
you have testified in this Judicial Affidavit?

A: Yes, Atty.

2
11. Q: And you have executed this affidavit freely and voluntarily?

A: Yes, Atty.

12. Q: And no one forced, coerced, threaten or paid you to execute this
Judicial Affidavit.

A: No one, Atty.

13. Q: Do you have anything more to add, Doctor?

A: None, Atty.

IN WITNESS WHEREOF, I have set my hand this 10th day of

July, 1995, in Paranaque City, Philippines.

DR. PROSPERO A. CABAYANAN

Affiant

SUBSCRIBED AND SWORN to before me this 10th day of July,

1991, the affiant is personally known to me and exhibiting to me his
Passport No. 174367447 issued at the 2nd day of March, 1991 on
Manila, Philippines.

PROSECUTOR TEAM
JD 1-3

Copy furnished:
Clerck of Court, Regional Trial Court Br. 274
Defense Team, JD 1-3