Republic of the Philippines

7th Judicial Region

REGIONAL TRIAL COURT
Branch 18
Cebu City

People of the Philippines

Plaintiff,

Criminal Case No. 0888

- versus -
FOR: Rape through sexual assault

Akeem Amistand and Ace Alvero

Accused.

x--------------------------------------------/

JUDICIAL AFFIDAVIT
OF
Jay Christian V. Dela Cruz M.D.

I. PRELIMINARY INFORMATION

A. THE NAME AND OTHER PERSONAL CIRCUMSTANCES OF

THE WITNESS

The witness is Jay Christian V. Dela Cruz M.D. of legal age,

Filipino, married, and a resident of Room 123, Dos Apartment, R.
Aboitiz Street, Barangay Capitol Site, Cebu City, Philippines, where he

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 may receive orders, notices, and other legal processes of the Honorable
Court.

B. COUNSEL WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS.

City Prosecutor Daniel Ong conducted and supervised the

examination of the witness. It was conducted in their office at Go
Salvacion, Ong, Ponce and Ybanez Law and associates 2/F Northwood
Square, F. Cabahug St, Cebu City, Cebu 6000 Cebu Philippines

II. Examination Proper

Purpose: This witness Jay Christian V. Dela Cruz M.D. is presented on

the witness stand for the purpose of proving the following facts, to wit:

1. Q: Please state your name and other personal circumstances.

A: I am Borgy Dela Cruz M.D., of legal age, Filipino, married, and a

resident of Room 123, Dos Apartment, R. Aboitiz Street, Barangay Capitol
Site, Cebu City, Cebu.

2. Q: Why are you executing this Judicial Affidavit?

A: I am executing this Judicial Affidavit because this will serve as my
Direct Examination for the criminal case no. 0888 People of the Philippines
v.s. Akeem Amistand and Ace Alvero

3. Q: How long have you been practicing your profession?

A: For almost Ten (10) years already.

4. Q: Where are you presently employed?

A: At Chong Hua Hospital, Cebu City.

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 5. Q: What position do you currently hold?
A: I am the Senior Medical Examiner in the said hospital.

6. Q: Have you examined rape victims or persons alleging to be

rape victims before?
A: Yes Sir.

7. Q: Have you ever examined a man by the name of Redbert

Dela Cerna?
A: Yes Sir. I have examined Redbert Dela Cerna after he complained to the
Police that he had been raped.

8. Q: Could you describe his physical built?

A: He was of a medium but muscular built, around 5 feet 10 inches in
height, and of fair complexion.

9. Q: What was your finding after conducting a medical

examination of him?
A: After examining his body, I found that he suffered from complete
laceration with sharp coaptable border without congestion of the anal orifice
at 9 o’clock, and a foreign object with a diameter of 1 and ¾ inch
entered with difficulty into the anal orifice of Mr. Dela Cerna. The
laceration is about five to eight (5-8) hours old.

10. Q: Did you find any other injuries on his body?

A: None, Sir.

11. Q: Did you prepare a medical report showing such findings?

A: Yes, Sir.

12. Q: I have here a document from the Chong Hua Hospital

entitled Medical Certificate dated March 10, 2020, is this familiar?

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 A: Yes, Sir.

13. Q: At the bottom of this document entitled Medical Certificate,

there appears to be a name, Dr. Jay Christian V. Dela Cruz with a
signature over it. Is this your name and signature?
A: Yes, Sir. That is my name and signature.

(Attached to this Judicial Affidavit is an original copy of the medical

certificate marked as Exhibit “A”.)

14. Q: Is there anything else you would like to add to your

testimony?
A: That will be all for now Attorney.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of

________________ 2020, at Cebu City, Philippines.

Jay Christian V. Dela Cruz M.D.

Affiant
I.D. No. _____________________

SUBSCRIBED AND SWORN to before me this ______ day of

________________ 2020 at Cebu City, Philippines, affiant personally appeared
before me and exhibited to me his identification document mentioned above
bearing her photograph and signature. I also hereby certify that I personally
examined the affiant and that I am very satisfied that she voluntarily executed and
fully understood the contents and consequences of his Judicial Affidavit.

Doc. No. ________;

Page No. ________;
Book No. ________;

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Series of 2020.

EXAMINING COUNSEL’S ATTESTATION

I, City Prosecutor Daniel Ong Filipino, of legal age, with office address at Chief
Fernan Hall Of Justice, Capitol Compound Road 6000 Cebu City, Cebu
Philippines hereby depose and state:

1. I am the assigned prosecutor to handle Criminal Case no. 08888

People of the Philippines v.s. Akeem Amistand and Ace Alvero ;

2. I personally conducted the above-examination of Jay Christian V.

Dela Cruz M.D. on the ____ day of __________ 2020, here at my office in
Chief Fernan Hall Of Justice, Capitol Compound Road 6000 Cebu City,
Cebu Philippines

3. During the examination of Jay Christian V. Dela Cruz M.D. I

faithfully recorded and/or caused to be recorded the questions asked and his
corresponding answers thereto; and

4. Neither I nor any person present or assisting me at the time of the

examination of Jay Christian V. Dela Cruz M.D. coached him regarding
his answers to the questions propounded.

Daniel Ong
City Prosecutor

SUBSCRIBED AND SWORN to before me this ____ day of ________

2020 at Cebu City, Philippines, affiant is personally known to me and is exhibiting
to me the following:

Doc No. ______;

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Page No. _____;
Book No. _____;
Series of 2020.