Judicial Affidavit With Autopsy Report

Republic of the Philippines Regional Trial Court Branch 10 Zamboanga City THE PEOPLE OF THE PHILIPPINES Plaintiff, CRIMINAL CASE NO. 102355 For HOMICIDE -versusDriver X-----------------------------------------------------------------------X

JUDICIAL AFFIDAVIT OF Juan Dela Cruz

I, Juan Dela Cruz, of legal age; married; living at Governor Camins Avenue, Zamboanga City; and the Police Chief Inspector/ Medico-Legal Officer of the Regional Crime Laboratory Office, Philippine National Police, Zamboanga City ; witness in this case, state under oath as follows: The person examining me is Atty. Muhaidir U. Alawi II with address at Baliwasan, Zamboanga City, for purposes of executing my judicial affidavit as witness in this case. The examination was held at the same address. I am answering his questions fully conscious and aware that I’m executing such under oath and may face criminal liability for false testimony and perjury. QUESTIONS were advanced and propounded by counsel, Atty. Muhaidir Uy Alawi II in English-British Accent, which the affiant fully comprehends, while ANSWERS were delivered by witness Juan Dela Cruz, also in English-British Accent and the corresponding translation of his answers is provided after each question. Q1: Do you swear to tell the truth and nothing but the truth? A1: I do.

Q2: Are you aware that you may face criminal liability for false testimony or perjury if you will not tell the truth? A2: I`m definitely aware of such consequences. Q3: Please state your complete name, age and occupation. A3: I am Juan Dela Cruz, 50 years old. I am a Medical Doctor and a Medico-Legal Officer. Q4: Dr. Dela Cruz, where do you work as a Medico-Legal Officer? A4: I am a Medico-Legal Officer with a rank of Police Chief Inspector at the Regional Crime Laboratory Office, Philippine National Police, Zamboanga City. Q5: How long have you been practicing your profession as a Medico-Legal Officer Dr. Dela Cruz? A5: 20 years sir. Q6: Before you became a Medico-Legal Officer of the Philippine National Police, have you been working as a private medical practitioner? A6: Yes I am. Q7: During your stint as a private medical practitioner, have you conducted autopsies? A7: Yes, in private capacity, I have conducted autopsies. Q8: When did you start practicing your profession as a MedicoLegal Officer in the Regional Crime Laboratory Office, Philippine National Police, Dr. Dela Cruz? A8: From 1995 up to present sir. Q9: In your capacity as a Medico-Legal Officer of the Regional Crime Laboratory Office-Cordillera, Philippine National Police how many cadavers have you conducted autopsies from 1995 up to present Dr. Dela Cruz? A9: If my memory serve me best, around two thousand (2,000) bodies excluding autopsies done during the Typhoon Yolanda?

Q10: What do you mean “excluding autopsies done during the Typhoon Yolanda”? A10: We were called to help in the identification of bodies after the typhoon in Leyte and some of the bodies were subject to autopsies. Q11: Dr. Dela Cruz, where were you on June 20, 2006 at around 9:00 am? A11: I was in the Regional Crime Laboratory Office. Q12: Aside from being the head of your office, what are you doing there? A12: I conducted an autopsy requested by the Chief of Police of Zamboanga City. Q13: May I ask to whose remains have you conducted the autopsy? A13: I conducted the autopsy on the remains of Mr. Driver. Q14: How are you able to identify that the remains belongs to one Mr. Driver A14: Aside from her dental records sir, the remains were personally and visually identified by the wife of the victim. Q16: When was the body of Ms. Khnakita found? A16: On June 19, 2006 at around 3am. Q17: Dr. Dela Cruz, what was the state of the body of Mr. Driver when you conducted such autopsy? A17: The body is that of a well-developed, well-nourished adult male, 185 pounds and 65 inches, whose appearance is appropriate for the stated age of 38 years. The body is cold. There were penetrating wounds that were visibly seen in Mr. Driver body sir. Q18: What are these penetrating wounds/injuries, Dr. Dela Cruz? A18: These comprise of gunshot wounds located on the chest.

Q19: Can you described to us these gunshot wounds? A19: Yes sir. The entrance wound is located on the left chest, 17 inches below the top of the head, 1 inch left anterior midline, and ½ inch below the nipple. It consist 1 x ¾ inch diameter round entrance defect with soot ring abrasion and a 2x2 inch area of stippling. Q20: Any wound of exit Dr. Dela Cruz? A20: Further examination demonstrates that the wound tract passes directly from front to back and enters the pleural cavity with perforation of left anterior fifth intercostal space, pericardial sac, right ventricle of the heart, and right lower lobe of the lung. There is no wound of exit. Q20: Are there any other external wound sustained by the victim Dr. Dela Cruz? A20: Aside from the gunshot wounds? There were none. Q23: Based on your findings doctor, what is the cause of the death of Mr. Driver? A23: Autopsy examination revealed a penetrating gunshot wound located on the left chest, which damaged the heart, lung and resulted in internal bleeding. Q24: Are all your findings reduced in writing Dr. Dela Cruz? A24: Yes sir, there is an autopsy report. Q25: Where is the autopsy report? A25: It is currently in my possession at this moment, sir. Q26: Am I permitted in marking this “autopsy report” as Exhibit A and the bracketed signature above the name of Juan Dela Cruz as Exh. A-1? A26: Yes sir. Q27: Are you the same Juan Dela Cruz, the Medico-Legal Officer who conducted the autopsy in this case? A27: Yes, sir.

Q28: Is the signature affixed in the autopsy report your signature doctor? A28: Yes, the signature affixed in the autopsy report of Mr. Driver is my signature. Q29: I am attaching Exhibit A to your judicial affidavit to form part of it. Do you confirm my action? A29: Yes, sir. ................................. Affiant further sayeth naught. IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd Day of September 2006 at Zamboanga City.

JOSE E. DELA AMZONA, MD Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Zamboanga this 3rd Day of September 2006. Affiant personally came and satisfactorily proven his identity with license id issued on May 5, 1992 by the Professional Regulation Commission on the 2nd Day of September 2006 at my office located at Zamboanga City bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

ATTY. Muhaidir Uy Alawi II Notary Public Until December 31, 2006 Commission Serial No. 85-NC-!! Office: Zamboanga City (076) 442-0986/ 09999663496 PTR No. 7890678; 8-22-90 IBP Lifetime Membership No. 08976564 Zamboanga City MCLE No. IV-0006789, 7-21-05

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ATTESTATION I, Atty. Muhaidir U. Alawi II, of legal age, Filipino, with postal address Baliwasan, Zamboanga City, after being duly sworn depose and say: 1. I was the one who conducted the examination of witness Juan Dela Cruz at my aforementioned office in Zamboanga City; 2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; 3. I nor any other person then present or assisting him coached the witness regarding his answer; IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd Day of September 2006 at Zamboanga City.

ATTY. Muhaidir U. Alawi II Notary Public Until December 31, 2006 Commission Serial No. 85-NC-11 Office: Zamboanga City (076) 442-0986/ 09999663496

PTR No. 7890678; 8-22-90 IBP Lifetime Membership No. 08976564 Zamboanga City MCLE No. IV-0006789, 7-21-05

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Copy Furnished: Office of the City Public Prosecutor