affidavit medico legal
Post on 14-Apr-2018
217 Views
Preview:
TRANSCRIPT
-
7/29/2019 Affidavit Medico Legal
1/4
Republic of the Philippines
REGIONAL TRIAL COURT
6th Judicial Region
Iloilo City
THE PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.13-1526
- versus - For: PARRICIDE
ED JALBUENAAccused.x-----------------------------------------x
AFFIDAVIT
The prosecution, through the undersigned prosecutor, respectfully submits the
affidavit of its witness RAIZA MARTESANO, as follows:
Purpose of Testimony: The purpose of this testimony is to prove that the victim,
AIDA RAISSA JALBUENA received by Don Jose Monfort Sustiguer Memorial
Hospital was proclaimed dead upon arrival due to the mortal stab wounds
inflicted upon her. That this testimony seeks to establish that the aforementioned
witness RAIZA MARTESANO, Medico-Legal, has conducted an autopsy. That
upon such procedure the said Medico-Legal has found that the victim hasreceived Ten stab wounds. Two of whom were mortal incisions that led to the
death of the said victim:
I. Name, Age, Residence or Business Address and Occupation of Accused
(Sec 3 (a) AM No 12-8-8-SC)
The accused is Ed Jalbuena, of legal age, married, Filipino, and a resident
of Brgy Tinurian Barotac Nuevo.
Name and Address of the lawyer who conducts or supervises theexamination of the witness and the place where the examination is being
held. (Sec 3 (b) AM No 12-8-8-SC)
Conducting the direct-examination is Atty. Marvin Taleon II with office
address at Leganes, Iloilo. It is also the same address where the conduct
of direct-examination was held.
II. A statement that the witness is answering the questions asked of her, fully
conscious that he does so under oath and that he may face criminal
liability for false testimony or perjury. (Sec 3 (c) AM No 12-8-8-SC)
Q: Miss. Raiza Martesano ,do you understand that you have to tell the truth, and that
if you fail to do so you could be charged with false testimony?
A: Yes, sir.
-
7/29/2019 Affidavit Medico Legal
2/4
III. Questions asked of the witness and his corresponding answers
consecutively numbered that: (1) Show circumstances under which the
witness acquired the facts upon which she testifies (2) elicit from her those
facts which are relevant to the issues that the case presents (3) Identify
the attached documentary and object evidence and establish their
authenticity in accordance with the rules of court (4) Signature of witness
over his printed name; and (5) A jurat with the signature of the notary
public who administers the oath or an officer who is authorized by law to
administer oath. (Sec 3 (d) AM No 12-8-8-SC)
1. Q: Where were you last June 11, 2011 at around 9 oclock in the morning and
who were you with?
A: On June11, 2011 at around 9 oclock in the morning I was at the Philippine
National Police Crime Laboratory. I was with my colleagues and other policestaffs.
2. Q: What happened next?
A: At around that time, the father of the victim, Glen Robert S. Gemanga called
requesting to conduct an autopsy on the cadaver of his daughter, Mrs. Aida
Raissa Jalbuena.
3. Q: What did you do next, if any?
A: I accepted the request for autopsy.
4. Q: What happened next?
A: I received the cadaver of Mrs. Aida Jalbuena by 1 oclock in the afternoon
from Don Jose Monfort Sustiguer Memorial Hospital.
5. Q: What happened after you have received the cadaver of Mrs. Espinosa?
A: After receiving the cadaver, I performed the Autopsy.
6. Q: How did you perform your autopsy?
A: I performed the autopsy by opening the body performing a Y incision.
7. Q: What did you do next?
A: I examined the depth and the width of the incised wounds (stabbed wounds).
8. Q: Upon examining the depth and the width of the stabbed wounds, what did you
find out?
A: Two mortal stab wounds and four stab wounds in the anterior part of the Trunkand four defensive stab wounds.
1.) One incised wound, right anterior chest measuring 11cm x 4.4 cm from its
anterior midline, passing through the second and right intercostal space
lacerating the upper lobe of the right lung.
-
7/29/2019 Affidavit Medico Legal
3/4
2.) Two incised wounds, mid-epigastic measuring 10cm x 4.4cm lacerating through
the stomach 2.2cm x 3cm and liver 1.5cm x 2cm;
3.) One incised wound, left right anterior chest measuring 5cm x 4.4cm;
4.) One incised wound, right lateral thorax measuring 6cm x 4.4cm, passing through
the second and right intercostal space lacerating the upper lobe of the right lung;
5.) One incised wound, left lateral thorax measuring 8.4cm x 4.4cm, passing through
the second and right intercostal space lacerating the upper lobe of the left lung;
6.) Two incised wounds left forearm measuring 4.5cm x 4cm;
7.) Two incised wounds right forearm 6cm x 4cm.
9. From your Findings were you able to determine the cause of death?
A: Yes, sir.
10. What was the cause of Death of Mrs. Aida Raissa Jalbuena?
A: She had a Cardiac Arrest secondary to Hemorrhagic shock secondary to
multiple Stab wounds at both the right and left anterior chest.
11. Q: Where you able to procure a document recording such findings?
A: Yes sir.
12. Q: Is this the three-page Medico-Legal Report, the document you are pertaining
to? (Showing the Medico-Legal Report)
A: Yes, Sir.
13. Where did you conduct your autopsy?
A: I conducted the autopsy at the PNP Crime Laboratory.
14. What time were you able to finish the autopsy procedure?
A: I finished conducting the autopsy report at around 4 oclock in the afternoon of
June 11, 2013.
IV. (Sworn attestation of the lawyer. He faithfully recorded or caused to be
recorded the questions he asked and the corresponding answers thereto,
and the corresponding answers that the witness gave and, neither he nor
any other person then present or assisting him coached the witness
regarding the latters answers (Sec 4 AM No 12-8-8-SC).
I hereby certify that I have recorded or caused to be recorded the
questions I asked of the witness and his corresponding answers thereto,and I further certify that I neither coached nor suggested any of the
answers to him and that no other person coached or suggested to him
said answers.
-
7/29/2019 Affidavit Medico Legal
4/4
ATTY. MARVIN TALEON IILegal counsel
IN WITNESS WHEREOF, I hereunto sign this Affidavit this 13th day ofJune, 2013 at Iloilo City, Philippines.
RAIZA MARTESANOAffiant
SUBSCRIBED AND SWORN to before me this 13th day of June, 2013 atIloilo City, Philippines, affiants namely:
Affiants Name Competent Proof of Identity Date/Place of IssueRAIZA MARTESANO SSS. ID 35426328 January 18, 2013,Iloilo City
Who exhibited to me their above-stated IDs and who are personally knownto me or identified by me through competent evidence of identify asdefined by the Rules on Notarial Practice pursuant to Supreme Court EnBanc A.M. No. 02-8-13 SC Resolution. That the herein personrepresented to me that the signature on this instrument or document wasvoluntary affixed by her as her free and voluntary act and the deed as sheavowed under penalty of law to the whole truth of the contents of theforegoing.
top related