SCRIPT Robbery with Homicide
PROSECUTION Direct Examination DEFENSE: For the accused, ready your Honor. PROSECUTION: We are ready, your Honor. We are presentn! our " th and #nd to the $ast %tness, your Honor. COURT: Ca$$ and s%ear the %tness. INTERPRETER: &Interpreter %$$ s%ear n %tness' Do you s%ear to te$$ the truth, the %ho$e truth and nothn! (ut the truth so he$p you )od* WITNESS: I do. COURT: COURT: P$ease te$$ the court your na+e, a!e, occupaton, resdence and other persona$ crcu+stance. WITNESS: y Na+e s -ance ryan Tan, /0 years o1 a!e, +arred, a physcan, and a resdent o1 22222222222222. 22222222222222. COURT: 3our %tness. PROSECUTION: 3our Honor, %e are presentn! the test+ony o1 Lance Bryan Tan: 1) to prove prove that he is the one who who conducte conducted d the autopsy autopsy on the robber robbery y victim, victim, Enrique Pedoc Y Gernale; 2) to testify about his his authority authority and epertise in conductin! conductin! such such an autopsy; ") that in relation to said autopsy conducted, to identify identify the autopsy report submitted submitted to the court previously mar#ed as Ehibits $, $%1, $%2 and $%")&; and ') to prove prove the authentic authenticity ity of the si!natur si!nature e of the epert epert witness witness on such such autopsy autopsy report& That4s a$$ 1or the o11er, your Honor. COURT: Co++ent* DEFENSE: We %$$ 5ust cross6e7a+ne the %tness, your Honor.
! "r! #itne$$% wo&'d yo& (i)e &$ a brie* re)iew o* yo&r medica' ed&cation+ (& went to *niversity of +to& omas omas -*+) .olle!e of +cience in 1///, with a course in 0iolo!y 0iolo!y&& (fter which, obtained obtained my $octor $octor of edicine edicine $e!ree $e!ree from *niversity *niversity of +to& omas in 2'& 3ollowin! that, had a year as an (ssociate at the Philippine .olle!e of 4ccupational edicine& edicine& (fter that, t oo# 2 years of trainin! at the P5P .rime 6aboratory 7esearch 7esearch and raini rainin! n! $ivision $ivision&& hen too# my patholo!y patholo!y trainin! trainin! at the 8etera 8eterans ns emorial edical .enter for 9 years& am an honorary clinical fellow of the *niversity of 6eicester&
Prosec. Robbery with Homicide_Rev1 Homicide_Rev1
: "ay I ,now yo&r occ&-ation i$+ (& am a physician& .urrently, am a edico 6e!al 4fficer of the Philippine 5ational Police -P5P) .rime 6aboratory& ! Dr! Tan% a$ a -hy$ician% do yo& ha)e a -artic&'ar $-ecia'ty+ (& am a patholo!ist, and within that specialty practice forensic patholo!y& ! Co&'d yo& (i)e &$ a brie* de$cri-tion o* what *oren$ic -atho'o(y i$+ (& Yes& Forensic pathology is a sub%specialty of pathology that focuses on determinin! the cause of death by eaminin! a corpse& 4ur role as 3orensic Patholo!ists is to assist police and courts to resolve critical medical issues, includin! causes of death, the circumstances in which deaths occurred and how in:uries mi!ht have been caused& e focus on the eamination of deceased people&
: .re yo& board certi*ied+ (& am board certified in clinical, anatomic, and forensic patholo!y, all three areas& : Can yo& te'' &$ yo&r $core$ in tho$e three area$? (< !ot =2> in .linical Patholo!y, =&"9> in (natomic Patholo!y and =9> in 3orensic Patholo!y&
: Dr! Tan% yo& $aid yo& are a medico 'e(a' o**icer at the PNP Crime Laboratory% can yo& ex-'ain what i$ a medico 'e(a' and yo&r re$-on$ibi'itie$ a$ a medico 'e(a' o**icer+ (< Yes, can& edico le!al pertains to the le!al aspects of the practice of medicine& (s a medico le!al, am responsible for conductin! death investi!ations or autopsies and certifyin! the cause and manner of unnatural and uneplained deaths& *nnatural and uneplained deaths include homicides, suicides, unintentional in:uries, dru!%related deaths, and other deaths that are sudden or unepected& : How 'on( ha)e yo& been wor,in( at the PNP Crime Laboratory a$ a "edico Le(a' O**icer+ (< have been wor#in! as a edico 6e!al 4fficer of the PNP .rime 6ab for more than 2 years& : .re yo& teachin( or 'ect&rin( in yo&r *ie'd+ (< do lectures for those preparin! for the licensure eam but not on a re!ular basis& : In what $choo'+ (< *P anila& : .re yo& a member o* any -ro*e$$iona' $ociety or a$$ociation+ (< Yes, Philippine edical (ssociation& : Ha)e yo& he'd any -o$ition in it+ (< Yes& (s a secretary at first, then later on, as the President for two -2) terms& : Ha)e yo& -&b'i$hed any artic'e$+ (< 5o, haven?t&
Prosec. Robbery with Homicide_Rev1
: Ha)e yo& attended any $eminar$ or con*erence$+ (< Yes& +ome are conferences in< 1) Grey@s Aospital, +witBerland called odern edical (utopsy by $r& Grey; 2) Aands%4n Peripheral 8enous C (rterial ma!in!, ncludin! 8ascular (ccess ; and ") . eetin! 21' % the nternational .onference for nnovations in .ardiovascular +ystems and Ai!h% & : Do yo& ha)e -re)io&$ ex-erience$ te$ti*yin( in co&rt$+ (< Yes& : In what ca$e$+ (< urder, homicide cases, suicides, unintentional in:uries, dru!%related deaths, and other deaths that are sudden or unepected& : How many time$ ha)e yo& been te$ti*yin( in co&rt$+ (< (pproimately more than 2 times& : Prior to today doctor% ha)e yo& been /&a'i*ied a$ an ex-ert in the co&rt$ o* the Phi'i--ine$+ < Yes& : .--roximate'y how many time$+ (< really couldn?t remember eactly how many but definitely more than twenty times since ?ve been in this field of wor# for a very lon! time&
! .$ a medico 'e(a' o**icer% i$ one o* the thin($ that yo& do i$ to cond&ct a&to-$ie$+ (& Yes, it is& : .--roximate'y how many a&to-$ie$ are yo& cond&ctin( in a wee,+ (< (n avera!e of 2 per month& : How many a&to-$ie$ or medico 'e(a' examination$ ha)e yo& cond&cted $o *ar+ (< ?ve already conducted hundreds of autopsies& ! Dr! Tan% I am (oin( to re*er yo& bac, to .&(&$t 01% 1203! Do yo& reca'' where were yo& on that date at aro&nd 4:22 P"+ (< Yes& was at the P5P .rime 6ab in .amp .rame, DueBon .ity& : I$ there anythin( remar,ab'e on that ni(ht o* .&(&$t 01% 1203+ (< Yes& was contacted to conduct an autopsy on a victim of at the 4spital n! aynila, mor!ue area&
: Do yo& reca'' the name o* that )ictim+ (< t is a certain Enrique Pedoc y Gernale& : Ha)e yo& cond&cted any examination on the )ictim+ (< Yes, did& : #ho contacted yo& to examine the )ictim+ #a$ there a re/&e$t+
Prosec. Robbery with Homicide_Rev1
(< was instructed by our .hief +uperintendent, 6iBa +abon!, P5P .rime 6ab .hief& he request was made verbally& : #hat ,ind o* examination ha)e yo& cond&cted+ (< conducted an autopsy on the victim& performed a !eneral inspection of the eternal body and then proceeded to conduct internal eamination&
: Do yo& remember what time the a&to-$y wa$ cond&cted+ (< he autopsy be!un at around =<'9 P& he body was presented in a blac# body ba!& he victim is wearin! a white %shirt and navy blue maon! pants& : Can yo& te'' thi$ co&rt yo&r *indin($ when yo& cond&cted the examination+ (< Eternally, found a deep laceration on the nec# of the victim, measured 9 inches in len!th and 1 inch in width, located inches below the top of the head and 9 inches from the front of the body& he laceration is horiBontally oriented& +ubsequent autopsy shows that the pathway is throu!h the s#in& : 5o& $aid yo& made externa' examination! Can yo& de$cribe yo&r *indin($ when yo& cond&cted the interna' examination+ (< (utopsy shows a bro#en hyoid bone in the s#eletal system& he oral cavity shows no lesions& he lun!s are unremar#able& +tomach contents are saved& 0oth the thyroid and cricoid cartila!e are lacerated& : Dr! Tan% when yo& $ay thyroid carti'a(e and cricoid carti'a(e% what do they mean+ (< hyroid cartila!e is a lar!e cartila!e of the laryn, a pro:ection of which forms the (dam?s apple in humans; cricoid cartila!e is the rin!%shaped cartila!e of the laryn -or the voice bo)& : Doctor% do yo& ha)e an o-inion to a rea$onab'e de(ree o* medica' certainty a$ to what ca&$ed the 'aceration o* the )ictim+ (< Yes& he sin!le, deep laceration is caused by a bladed weapon, most probably by a #nife, considerin! the relative position of the assailant to the victim when the in:ury was inflicted& : #a$ the dee- 'aceration a $&b$tantia' *actor in brin(in( abo&t the death o* the )ictim+ (< Yes& $ue to the deep laceration, there was a massive blood loss a!!ravated by asphyia -or suffocation) due to blood clot& : I$ there any -o$$ibi'ity that $omeone may ha)e $&r)i)ed $&ch ,ind o* dee'aceration on the nec,+ (< 5o, it is a fatal wound, havin! considered the character of the #nife and the relative distance of the assailants to the victim& n fact, it is the immediate cause of death of the victim& : Doctor% in yo&r o-inion ba$ed on yo&r ex-erti$e% what i$ the immediate ca&$e o* death o* the )ictim+ (< he victim?s immediate cause of death is massive blood loss due to laceration, a!!ravated by asphyia due to blood clot&
Prosec. Robbery with Homicide_Rev1
: Ba$ed in yo&r o-inion ba$ed on yo&r ex-erti$e% can yo& te'' the a--roximate time o* the death o* the )ictim and the manner o* hi$ death+ (< .onsiderin! the body temperature, ri!or and livor mortis and stomach contents, the time of death is approimately between F<" to /<" P& he manner of the death of the victim is homicide& : #hy did yo& $ay it i$ homicide+ (< 0ecause the sin!le laceration is deep and horiBontally oriented& here are presence of defense wounds& 0lood are at the bac# of the nec#, the hands of the victim are clean& : 5o& $aid Dr! Tan% yo& were the one who cond&cted an a&to-$y on the )ictim% Enri/&e Pedoc! .re yo& Dr! Tan a$ a medico6'e(a' o**icer who -re-ared thi$ a&to-$y re-ort+ (< Yes& P: 5o&r honor% I wo&'d 'i,e to a$, -ermi$$ion to a--roach the witne$$% $o that I co&'d $how thi$ doc&ment *or -&r-o$e$ o* identi*ication! COURT: Proceed. : I$ thi$ the a&to-$y re-ort yo& -er*ormed+ (< Yes, ma?am& : There i$ a $i(nat&re at the bottom 77777 o* the 8rd -a(e o* the re-ort% do yo& ,now who$e $i(nat&re i$ thi$+
INTERPETER: Wtness dent1yn! the s!nature appearn! on the docu+ent sho%ed (y the Prosecutor. (< t is my si!nature& : I$ the re-ort in the $ame condition when yo& exec&ted it% Dr! Tan+ (< Yes it is& here is no alteration or whatsoever&
PROSECUTION: 3our Honor, +ay I +an1est that ths autopsy report per1or+ed (y the %tness, Dr. -ance ryan Tan, consstn! o1 8 pa!es, s the Su++ary Report o1 9utopsy, %hch has (een preous$y +ar;ed as E7h(t D &< st pa!e', D6< nd pa!e', and D6# &8 rd pa!e', your Honor= and the s!nature o1 the %tness &on 8 rd pa!e', %hch has (een preous$y +ar;ed as E7h(t D68 1or the prosecuton. That4s a$$ 1or the %tness, your Honor.
Prosec. Robbery with Homicide_Rev1