LegMed Judicial Affidavit

Republic of the Philippines Regional Trial Court Branch 23 Baguio City

PEOPLE OF THE PHILIPPINES Plaintiff, - versus

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CRIMINAL CASE No. 987654 for: MURDER

QUEENY M. SARDEE Accused, x-----------------------------------------x JUDICIAL AFFIDAVIT OF THE EXPERT WITNESS (For the Defense) The direct examination is conducted and Recorded by Atty. Yvette Kathryn S. Barrientos upon the person of Dr. Jaime R. Leal, before Notary Public Dawn H. Rico on May 10, 2008 at the Rico and Associates Law Office, Room 45A, Puso ng Baguio, Bldg., Session Road, Baguio City. Dr. Leal 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. BACKGROUND OF THE CASE Arman Santos is a 54 year old married man residing at No.123 Purok 4, Aurora Hill, Baguio City, who was found to be strangulated on May 6 at No.10 Kias, Baguio City. EXPERT WITNESS: JAIME R. LEAL, MD 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. DIRECT EXAMINATION OF THE EXPERT WITNESS 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. A: My name if Jaime R. Leal, a medical and forensic doctor. Q: Kindly state your educational background leading to your profession as of this date. A: I obtained by Bachelor of Science in Biology Degree from the University of the Philippines Baguio in the year 1980. Thereafter, I went to medical school in the Pamantasan ng Lungsod ng Maynila, graduated in 1984 and passed the medical board exams in 1986. I further continued my studies and obtained a Master’s Degree in Criminal Justice with specialization in Forensic Medicine from the University of the Cordilleras in 1990. Q: What is your current profession? A: I am the current medico-legal officer of the PNP’s Regional Crime Laboratory Office at Camp Dangwa, La Trinidad, Benguet. 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? A: For 15 years now starting 1991. Q: What do you do as a medico-legal officer in the Crime Laboratory? A: I conduct external and internal physical examinations of individuals and I also conduct autopsies on cadavers presented in the Crime Laboratory. Q: Can you recall how many cadavers have you examined so far? A: More or less around 500 cadavers now. Q: Is this your first time to testify in court? A: No, this is not my first time.

Q: To the best of your knowledge how many times have you testified as an expert witness? A: I have made 101 testimonies as an expert witness as of this date. Q: Having been stated these information about your years of experience as a medical doctor and medico-legal officer, can you say with absolute certainty that you are qualified to testify as an expert witness to attest the cause of the death of Arman Santos? 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: Where did you examine the cadaver of Arman Santos? A: I examined the victim’s body at the morgue of La Funenaria Paz located at No.79 Naguillan Road, Baguio City. Q: When did you examine the body? Kindly recall the exact date and time of the examination. A: I examined the body at 10 o’clock in the morning of May 6, 2008. Q: Was that the first time for you to see the body of Arman Santos? A: Yes. Q: Can you describe the body upon seeing it? 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: What were your findings? A: My findings are as follows: -The body is that of a fairly developed, fairly nourished Filipino male measuring 175 cm form the crown to sole with an estimated body weight of 130150 lbs. -There is a fully developed rigor mortis in the face, jaw, upper extremities and lower extremities, with a dark purple and fixed postmortem lividity at the lower extremities. -The only evidence of injury is the ligature mark in the neck in the form of an inverted V-shaped abrasion and contusion around the neck region, uninterrupted, measuring 28 x 1.5 cm, 0.3 m deep above the level of the thyroid cartilage anteriorly, directed upward at the posterior neck region with a knot mark at the nape which measure 1 x 1 cm. -The larynx and esophagus are markedly congested and cyanotic. -The trachea is fractured and cyanotic. -There are no mucosal lesions or injuries in the chest, abdomen and injuries. 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? A: The victim died of Asphyxia by hanging. 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? A: There are no other markings or injuries aside from the ligature. 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.

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Dawn H. Rico Notary Public Until December 31 2008 PTR No 12347/ Baguio City/01-01-08 Roll no 98765431

ATTESTATION I, ATTY. YVETTE KATHRYN S. BARRIENTOS, hereby state that I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers given by Dr. Jaime R. Leal and that neither I nor other person then present or assisting me coached Dr. Jaime Leal his answers.

Atty. Yvette Kathryn S. Barrientos 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.

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Dawn H. Rico Notary Public Until December 31 2008 PTR No 12347/ Baguio City/01-01-08 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:

Office of the City Prosecutor Justice Hall, Baguio City