Judicial Affidavit of the Medical Examiner for Rape Case

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH 7, BATANGAS CITY PEOPLE OF THE PHILIPPINES Plaintiff. - versus – CRIMINAL CASE NO. 123456-07 FOR: RAPE

RONALD GALANG Accused. x---------------------------------------------------

JUDICIAL AFFIDAVIT OF DR. JUAN DE LA CRUZ I, DR. JUAN DE LA CRUZ, of legal age, married, a government physician, and a resident of San Nicolas, Batangas City, after having been sworn to in accordance with the law do hereby depose and state: That Fiscal MARIA MAKILING, a resident of Sto. Domingo, Batangas City, is the counsel who conducted and supervised my examination as a witness at her office at Provincial Prosecutor’s Office, Batangas City; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; The following are the Questions propounded by Fiscal Rachel Barroga and my answers in English language: Q1: Do you swear to tell the truth and nothing but the truth? A1: Yes Ma’am. Q2: Please state your name and other personal circumstances for the record. A2: I am Dr. Juan de la Cruz, of legal age, married, and a medical examiner for the Province of Batangas, and a resident of San Nicolas, Batangas City. Q2: How long have you been practicing your profession? A2: For almost Ten (10) years already. Q3: Where are you presently employed? A3: At Batangas Medical Center, Batangas City. Q4: What position do you currently hold? A4: I am the Senior Medical Examiner in the said hospital. Q5: Have you examined rape victims or persons alleging to be rape victims before? A5: Yes Ma’am. Q6: Have you ever examined a woman by the name of Julia Torres? A6: Yes Ma’am. I have examined Julia Torres after she complained to the Lian Police that she had been raped. It took her two (2) days before reporting the incident. Q7: Could you describe her physical built? A7: She was of small built, 4 feet 11 inches in height, and of fair complexion. Q8: What was your finding after conducting a medical examination of her? A8: After examining her body, I found that she suffered from complete laceration with sharp coaptable border without congestion of the hymen at 9 o’clock, and a test tube with a diameter of ¾ inch entered with slight difficulty in the vagina. The laceration is about two (2) days old.

Q9: Did you find any injuries on her body? A9: None, Ma’am. Q10: Did you prepare a medical report showing such findings? A10: Yes, Ma’am. Q11: I have here a document from the Batangas Medical Center entitled Medical Certificate dated June 15, 2013, is this familiar? A11: Yes, Ma’am. Q12: At the bottom of this document entitled Medical Certificate, there appears to be a name, Dr. Juan de la Cruz with a signature over it. Is this your name and signature? A12: Yes, Ma’am. That is my name and signature. (Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit “A”.)

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th day of September 2013 at Batangas City, Philippines.

DR. JUAN DE LA CRUZ Affiant

SUBSCRIBED AND SWORN to before me, this 27th day of September 2013 at Batangas City, Philippines, affiant exhibiting to me her Community Tax Certificate No. 87654321 issued at Batangas City on January 7, 2013.

ATTY. MARIA MAKILING Asst. Provincial Prosecutor Batangas City, Batangas MCLE Compliance No. IV 000000

ATTESTATION OF LEGAL COUNSEL

I, MARIA MAKILING, Asst. Provincial Prosecutor, Batangas City, Batangas, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, Dr. Juan de la Cruz gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th day of September 2013 at Batangas City, Philippines.

ATTY. MARIA MAKILING Counsel for the State

SUBSCRIBED AND SWORN to before me this 27th day of September 2013 in the City of Batangas, by Atty. Maria Makiling, exhibiting to me her Community Tax Certificate No. 12345678 issued at Batangas City on January 3, 2013.

ATTY. PEDRO SANTIAGO Notary Public My Commission Expires Dec. 31, 2013 Roll of Attys. No. 654321 IBP No. 100771, 1/2/2013, Batangas City PTR No. 127602, 1/7/2013, Batangas City Doc. No. 1234 Page No. 56 Book No. 7 Series of 2013