RAPE CASE: PROSECUTION OF THE THIRD WITNESS (EXPERT WITNESS)
Prosecution: Appearing for the State, Your Honor. I’m ready.
our Honor, nor, I would like ike to offer fer the testim timony ony of Ms. Prosecution: Your ______________, ______________, as to the following following facts: (1) To prove that on February February 15, 2011, Teresa Rose Rose Parcia was treated treated in Pasay City General Hospital. prove that Dr. _______ __________ ______, ___, as the attending attending physicia physician n and (2) To prove Medico Legal Officer of Pasay City General Hospital, is the one who conducted the medico-legal examination of Ms. Teresa Rose Parcia. (3) To prese present nt the pictu pictures res taken taken by her in the the cours course e of her her medica medicall examination that shows the medical condition of the complainant. (4) To prove the authenticity authenticity of those said said pictures. (5) To present the medico legal report issued by her and to prove its authenticity. (6) To present her qualification qualifications s as an expert witness. witness.
Prosecution: Where did you graduate? Expert Witness: University of the Philippines, Diliman Prosecution: What course did you take in UP? Expert Witness: Prosecution: When did finish your studies? Expert Witness: Prosecution: Did you take any further studies? Expert Witness: Yes, Sir. Prosecution: As a _________ Doctor, were you required to take the medical board exam before you can practice your profession? Expert Witness: Yes, Sir. Prosecution: Did you pass the medical board examination? Expert Witness: Yes, Sir. Prosecution: When did you take it? Expert Witness: Prosecution: As a licensed doctor, did you attend any seminars/trainings related to your medical field? Expert Witness:
Prosecution: Because of those trainings/seminar and your educational attainment, do you consider yourself as an expert in ___________? Expert Witness: Prosecution: How long have you been practicing the said profession? Expert Witness: Prosecution: During those times, did you ever testify in court regarding the same subject matter in which you are an expert? Expert Witness: Prosecution: How many times did you testify in the past, viz the same manner that you are about to testify today? Expert Witness: Prosecution: Are you currently employed? Expert Witness: Yes, Sir. Prosecution: Where do you work? / By whom? Expert Witness: Prosecution: Since when? Expert Witness: Prosecution: In what capacity/Position? Expert Witness:
_______________________________o0o______________________________ Prosecution: Where were you on February 15, 2011? Expert Witness: Prosecution: You said you were working on February 15, do you recall any incident on that date, if there’s any? Expert Witness: Prosecution: So you saw the complainant in this case? Expert Witness: Yes, Sir. Prosecution: Was she alone or accompanied by someone? Expert Witness:
Prosecution: Upon seeing Ms. Teresa Rose Parcia, at a first glance what did you observe? Expert Witness: Prosecution: Did the complainant tell you why she was there or why she was seeking medical attention, if any? Expert Witness: Yes, Sir. Prosecution: What did she tell you? Expert Witness: Prosecution: Did you personally conduct the medical examination of Ms. Teresa Rose Parcia? Expert Witness: Prosecution: What were your findings, if there were any? Expert Witness: Prosecution: “Contusion Hematoma”, Can you explain that further? Expert Witness: Prosecution: You mentioned that there was a contusion hematoma in the upper abdomen of the victim; as a doctor, do you know what might be the reasonable cause of such injury? Expert Witness: Yes, Sir. Prosecution: and what would that be? Expert Witness: Prosecution: Why did you rule out that she was punched? Expert Witness: Prosecution: You mentioned also that there is contusion hematoma in the left and right arms and also in the inner thighs of the victim, what do these injuries indicate, if any? Expert Witness: Prosecution: So, is it now safe to assume that these injuries can be considered as a defense wound? Expert Witness: Yes, Sir. Prosecution: During the medical examination that you conducted, did you do anything to recode the physical condition of the victim? Expert Witness: Yes.
Prosecution: What did you do? Expert Witness: I took pictures of the injuries sustained by her. Prosecution: Ms _________, you said that you took pictures of the injury sustained by the victim; if those pictures are shown to you; would you be able to recognize them? Expert Witness: Yes, Sir. Prosecution: I’m now showing to you these four pictures taken on February 15, 2011, will you go over the same and can you please tell the court if those were the pictures you said you have taken. Expert Witness: Yes, these are the pictures that I took. Prosecution: Do you confirm and affirm the truthfulness of these pictures? Expert Witness: Yes, Sir. Prosecution: For the record, Your Honor, the witness identified these pictures marked as exhibit _______________.
_______________________________o0o______________________________ Prosecution: You mentioned earlier, that there was laceration in the vaginal area of the victim, in the six and twelve o’clock mark, to be exact, what was the cause of such injury based on your findings, if there’s any? Expert Witness: Prosecution: How did you rule that out - that it was a male organ which penetrated the victim’s vaginal area and not just any hard object? (wahahahaha, hard object talaga! Tumbling ako dito! Kaloka! Pero okay naman, keri lang.) Expert Witness: Prosecution: Based on the degree of laceration on the victim’s private area, can you tell the court what it indicates? Expert Witness: That the victim was a virgin. Prosecution: Did you conduct any other tests other than physical examination? Expert Witness: Yes, I also conducted blood and urine tests Prosecution: What does the blood test indicate, if there’s any? Expert Witness: It indicates that the victim was intoxicated then. Prosecution: What does the urinalysis test show, if there’s any? Expert Witness:
Prosecution: Were you able to get any semen residue from the victim, if any? Expert Witness: Yes, Sir. Prosecution: After the blood, urine and physical examinations of the victim, are there any other procedures required to be done, if there’s any? Expert Witness: Yes, Sir, that I have to write a medico legal report based on my findings. Prosecution: So, did you put those findings in writing? Expert Witness: Yes, Sir. Prosecution: Did you sign that said written report? Expert Witness: Yes, Sir. Prosecution: Ms.__________, if that said written report will be shown to you, would you be able to recognize it? Expert Witness: Yes, Sir.
Prosecution: I’m now showing to you this document, will you please go over the same and tell the court if that is the same document that you said you have written and signed. Expert Witness: Yes, Sir. This is exactly the written report that I have personally prepared and signed. Prosecution: Okay, can you take a look on the lower-right hand corner of that page, ( depende kung saan nakalagay, kung sa second page ba, specifically saan sa second page) there appears a signature. Is that your signature? Expert Witness: Yes, Sir. Prosecution: How about the name below the signature? Is that your name? Expert Witness: Yes, Sir. Prosecution: Do you confirm and affirm the truthfulness of the contents of these pictures? Expert Witness: Yes, Sir. Prosecution: Your Honor, we would like to manifest that the witness has identified the document exhibited as _________ and the signature that appears therein being sub marked as ____________.
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Prosecution: Do you know the defendant in this case? Expert Witness: No, Sir. Prosecution: Would you be able to know the identity of the defendant if a semen sample, would be given, to be compared with the one found in the victim’s urine test? Expert Witness: Yes, Sir. Prosecution: Based on the information relayed to you by the victim during your initial interview and after a battery of test you conducted, what was your conclusion? Expert Witness: That a crime of rape was indeed committed. Prosecution: Did it confirm the allegations of the victim? Expert Witness: Yes, Sir. Prosecution: Based on your expertise and based on your findings in this case, was there really a consensual sex, or was it a forced one and against the will of Ms. Teresa Rose Parcia? Expert Witness: Not a consensual sex, Sir, but a forced one.
No further questions you honor……
GOOD LUCK, FISCAL RYE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
