Professional Documents
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Judicial Affidavit Sample
Judicial Affidavit Sample
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Dr. Chavez is answering the questions asked of him in his full conscious
state of mind and that he does so under oath and that he may face criminal liability
for false testimony or perjury.
FACTS TO BE ESTABLISHED:
1. The fact of death of ARMAN SANTOS.
2. The cause of death is asphyxia as a result of strangulation by hanging.
3. That ARMAN SANTOS committed suicide by hanging himself.
ATTY: (Formal offer of Testimonial Evidence): Your Honor, I would like to offer
the testimony of Dr. Jaime R. Leal, the medico-legal officer who examined the
body of the victim, Arman Santos. He will testify as to the fact of death of the
victim. He will testify as to the fact of death of the victim, and that he will testify
that the victim died by strangulation by hanging for the reason of committing
suicide.
PRELIMINARY QUESTIONS
Q: Please state your name and profession for the benefit of the court.
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?
Q: Can you recall how many cadavers have you examined so far?
Q: To the best of your knowledge how many times have you testified as an expert
witness?
A: Yes, I am.
DIRECT EXAMINATION PROPER
Q: Were you tasked to perform the autopsy on the body of the victim Arman
Santos?
A: Yes, as the medico-legal officer, I was tasked to examine the cadaver of Arman
Santos.
Q: When did you examine the body? Kindly recall the exact date and time of the
examination.
Q: Was that the first time for you to see the body of Arman Santos?
A: Yes.
A: There was a ligature mark around the neck region, there were no scars, no
deformities, no amputations, no old surgical scars or venipuncture sites noted. He
had several tattoos – on his left forearm (“fred”), right thigh and the left thigh
(image of a female face with the inscription “Queeny”).
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: Can you describe in detail by layman’s terms the condition and injury of the
victim.
A: When we say rigor mortis, it is the stiffness of joints and muscular rigidity of a
dead body caused by depletion of Adenosine Triphosphate in the tissues of the
body. Lividity of livor mortis is the settling of blood in the lower portion of the
body, causing a purplish, dark red discoloration in the body. 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. Contusions are
commonly known as bruises.
Q: Based on your findings, what in your best knowledge is the cause of death of
the victim?
Q: Can you explain in layman’s terms the cause of death of the victim.
A: Asphyxia is the general term applied to all forms of violent deaths which results
primarily from the interference with the process of respiration of the condition in
which the supply of oxygen to the blood or to the tissues has been reduced below
the normal level. One classification of asphyxia is strangulation by cord or manual
strangulation.
Ligature strangulation is produced by compression of the neck by means of a
cord which is tightened by a force like the weight of a body. Normally a ligature is
drawn tight by pulling the ends tightly after crssing at the back of front of the neck.
Subdural hematomas are usually the result of a serious head injury. Acute
subdural hematomas are among the deadliest of all head injuries because the
bleeding fills the brain very rapidly, compressing brain tissue. This often results to
brain injury or even death.
Q: Based on your findings, the victim died due to strangulation due to hanging
which caused the subdural hematoma?
A: Yes, definitely.
Q: Based on you physical examination of the neck, what instrument was used in
the strangulation?
A: Basing on the linear abrasion on the neck of the victim and the absence of any
pattern, the victim could have been strangled by a cloth or straw rope.
Q: Aside from the markings on the neck, are there any other external or internal
findings that may have caused injury or death to the victim?
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 10th day of
May 2008 in Baguio City.
Jaime R. Leal, 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 his Driver’s
License, which sufficiently establishes his identity and who attested the truth of the
foregoing.
Dawn H. Rico
Notary Public
Doc no ______; Until December 31 2008
Page no ______; PTR No 12347/ Baguio City/01-01-08
Book No____ Series of 2008 Roll no 98765431
ATTESTATION
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 his Driver’s License,
which sufficiently establishes his identity and who attested the truth of the foregoing.
Dawn H. Rico
Notary Public
Doc no ______; Until December 31 2008
Page no ______; PTR No 12347/ Baguio City/01-01-08
Book No____ Series of 2008 Roll no 98765431
The original copy of this judicial affidavit is filed with the Honorable Court and
duplicate copies thereof are furnished by personal service to: