Medico Legal Direct Examination

Direct Examination for Medico-Legal State your name and personal circumstances for the record?  I am Athena Nicolette C. Acosta, 37 years of age, I am a resident of 123 Durian St. Barangay Tatsulok, Mandaluyong City. Q. What is your occupation?  I am a medico legal officer of the National Bureau of Investigation. Q. How long have you been working?  I have been working as a medico legal officer of NBI for 12 years. Q. What are your credentials?  I obtained my Doctor of Medicine Degree from FEU – NRMF. For the past five years, the Bureau has assigned me to handle rape cases. Q. Are you Mr. Medico-Legal who prepared this medical certificate?  Yes, Maam. Q. Is this your affidavit? Is this your signature?  Yes, Maam. Q. Can you tell this court, what you found when you conducted the medical examination?  I conducted a general inspection of the whole body and then proceeded to examine the genitalia. a. The findings showed that Hymen was “annular, congested, with presence of shallow healing lacerations at 3 and 5 o’clock positions; b. Posterior Fourchette was abraded and vestivule congested; c. There was a strong resistance of the examining finger on the External Vaginal Orifice; d. Vaginal canal was narrow with prominent rugosities; and e. Periurethran and Vaginal Smears was negative for spermatozo. 

The extragenital findings showed that the victim had bruises and scratches on several parts of her body. She has on the face, chest and extremities. The type of the bruises showed that physical force may have been inflicted on Ms. Sulong, 5 to 7 days before the examination was conducted.

Q. Can you explain to the court, your findings? - Bruising: Physical force like punching or hitting with hard object was inflicted on the victim which had led to the bruises found on the different parts of her body. - Lacerations: On the hymen, I found shallow healing lacerations at 3 and 5 o’clock positions. Since the hymen is a round organ, let’s compare it to the face of the clock, so the lacerations were located at 3 and 5’o clock positions. The presence of such lacerations showed that Ms. Sulong was no longer a virgin at the time of the examination. The findings also showed that the posterior fourchette, was abrated and the vestivule congested. It means that the superficial layer had been sloughed off. There was

a possibility that the redness which can be caused by a male erect organ forcibly inserted into the vagina. (got this from a case People vs. Castro) (Possible RD: Is the finding of lacerations conclusive that there was sexual contact?) - No spermatozoa (Possible RD: Is the finding of no sperm conclusive that there was no rape, or sexual contact for that mater? – OBJECTION – COMPOUND QUESTION) Q. Based on your experience and expertise, are the injuries consistent with rape? It is possible. Because such injuries like hymenal lacerations is indicative of the entry of any hard object into the private parts of Ms. Sulong. The fact that the posterior fourchette was abraded and congested, the redness can be said to be caused by a male erect organ forcibly inserted into the vagina. When the sexual act is mutual, the insertion of the penis would not cause any abraded and congested posterior fourchette because the female genitalia is lubricated. (However, the doctor in the case People vs. Castro also testified in the Cross that, “the fact that the posterior fourchette is abraded and congested, means that there was no lubrication prior to the insertion but it does not necessarily mean that there was force. LABO, haha) (Possible Objection: not qualified – Your honor, we are asking the expert opinion of the medico-legal) NO FURTHER QUESTIONS, Your Honor.

Dr. Tomas Suguitan, who conducted the medico-legal examination on Danly, corroborated Danly’s testimony. Dr. Suguitan testified: Q When [was complainant referred to you]? A April 13, 1998. Q Did you conduct any examination upon the victim? A Yessir [sic]. Q What kind of examination? A General inspection of the whole body and [then I] proceeded to examine the genitalia. Q And what was your finding? A On the hymen there was a deep healed laceration at [the] 3:00 o’clock [position]. xxx Q When you say deep healed laceration, what do you mean? A Since the hymen is a round organ, we compared it to the face of the clock, so the laceration was located at 3:00 o’clock position. Q Was the victim a virgin? A During the time of the examination, she was no longer a virgin. Q What is the healing period of this laceration? A Within … three to five days.13

Dr. Tomas Suguitan, who conducted the medico-legal examination on Danly, corroborated Danly’s testimony. Dr. Suguitan testified: Q When [was complainant referred to you]? A April 13, 1998. Q Did you conduct any examination upon the victim? A Yessir [sic]. Q What kind of examination? A General inspection of the whole body and [then I] proceeded to examine the genitalia. Q And what was your finding? A On the hymen there was a deep healed laceration at [the] 3:00 o’clock [position].

xxx Q When you say deep healed laceration, what do you mean? A Since the hymen is a round organ, we compared it to the face of the clock, so the laceration was located at 3:00 o’clock position. Q Was the victim a virgin? A During the time of the examination, she was no longer a virgin. Q What is the healing period of this laceration? A Within … three to five days.13