Republic of the Philippines THIRD JUDICIAL REGION Regional Trial Court Branch 26 Cabanatuan City
REPUBLIC OF THE PHILIPPINES, Plaintiff,
Crim Case No. 2543 FOR: Viol. Of Sec. 5 (a) of RA 9262
-versusLEONARD MAGDANGAL y CRUZ, Accused. x- - - - - - - - - - - - - - - - - - - - - - -x JUDICIAL AFFIDAVIT JUDICIAL AFFIDAVIT OF THE EXPERT WITNESS (For the Defense)
I, SIMEON DU, of legal age, married, and a resident of _______________________ _______________________,, Cabanatuan Cabanatuan City, Nueva Ecija, under oath, depose and state: PRELIMINARY STATEMENT The lawyer conducting my examination is Atty. VENUS LEILANI VILLANUEVAGRANADO and this examination is being held at her office at 456 Zulueta St., Cabanatuan City. I am answering the questions asked of me under oath and fully conscious that I may face criminal liability for false testimony or perjury.
EXPERT WITNESS: Dr. SIMEON DU, MD FACTS TO BE ESTABLISHED: 1. The fact of injury sustained by the Private Complainant MEGUMI AMOR NAGUM. 2. The cause of injury (Shoulder Dislocation) as a result of a fall. 3. That the injury was sustained upon infliction of violence upon the person of the Private Complainant. DIRECT EXAMINATION OF THE EXPERT WITNESS ATTY: (Formal offer of Testimonial Evidence): Your Honor, I would like to offer the testimony of Dr. Simeon Du, the Attending Physician who examined and performed “Closed Reduction” operation upon the victim, MEGUMI AMOR NAGUM. He will testify as to the fact of injury sustained by the victim. He will testify as to the fact that the victim suffered the injury upon infliction of violence upon the person of the Private Complainant.
PRELIMINARY QUESTIONS Q: Please state your name and profession for the benefit of the court. A: My name is SIMEON DU, a medical and surgical 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 my expertise in General Surgery likewise from the Pamantasan ng Lungsod ng Maynila in 1990. Q: What is your current profession? A: I am an Attending Physician in a Hospital, namely the Premiere Medical Center, located at Maharlika Highway, Daan Sarile, Cabanatuan City. Q: How long have you been practicing your profession as a medical doctor? A: For 32 years now starting the year I passed the medical board examinations. Q: What do you do as an Attending Physician in the Premiere Medical Center? A: __________________________________________________ Q: Can you recall how many patients have you examined so far? A: More or less around 500 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 10 testimonies as an expert witness as of this date. Q: Having been stated these information about your years of experience as a medical doctor, can you say with absolute certainty that you are qualified to testify as an expert witness to attest the cause of the injury of MEGUMI AMOR NAGUM? A: Yes, I am.
DIRECT EXAMINATION PROPER Q: Were you tasked to perform the operation on the body of the victim MEGUMI AMOR NAGUM? A: Yes, as the designated Attending Physician of the ER, I was tasked to examine MEGUMI AMOR NAGUM. Q: Where did you examine MEGUMI AMOR NAGUM? A: I examined her at the Emergency Room of Premiere Medical Center. Q: When did you examine the body? Kindly recall the exact date and time of the examination. A: I examined the body at 3 o’clock in the morning of February 17, 2017 and performed the operation at around 9:00 am of the same day. Q: Was that the first time you met the victim MEGUMI AMOR NAGUM? A: Yes. Q: Can you describe condition of the victim Private Complainant upon seeing her? A: Megumi was in a lot of pain and was full of apprehension of any movement. Her right shoulder, specifically her right upper bone, even at first glance seemed driven/positioned forward, out of the shallow socket of the glenoid. Q: Can you please discuss the examination you conducted on the body. A: I conducted a physical examination of the body to determine the cause of injury. Range of motion, strength, and sensation was tested. Any changes or loss of sensation may point to nerve damage. I also checked the pulses in her arm in order to detect the possibility of vascular complications. Q: What were your findings? A: My findings are as follows: -
Shoulder Dislocation secondary to fall.
an anterior dislocation where the head of the humerus is driven forward from inside the glenoid cavity to a place under the coracoid process. This type of dislocation is sometimes referred to as a subcoracoid dislocation. The joint capsule is avulsed (torn away) from the margin of the glenoid cavity.
Q: Can you describe in detail by layman’s terms the condition and injury of the victim.
Q: Based on your findings, what in your best knowledge is the cause of the injury of the victim? A: The shoulder is a very mobile joint and more vulnerable to dislocation than other joints. The glenoid cavity (socket) is small in relation to the head of the humerus. Muscles, ligaments, and the bony anatomy of the shoulder all work together to maintain shoulder stability and prevent dislocation. Dislocation can occur when any of these structures are injured or altered in any way. Tears or ruptures of the rotator cuff are the most common injuries that lead to shoulder dislocation. Fractures of the humerus and damage to any of the nerves (e.g., axillary, brachial plexus) supplying the rotator cuff can also result in shoulder dislocation. A fall on an outstretched hand or directly on the posterolateral aspect (back and side) of the shoulder can cause an anterior dislocation. Violent uncoordinated muscle contractions during a grand mal seizure can also cause shoulder dislocations. Forceful motions that cause soft tissue structures to tear or rupture lead to dislocation. Forceful abduction, external rotation, and extension are the most common load resulting in shoulder dislocation. The joint capsule may be lifted off the bone and the head of the humerus gets lodged between the capsule and the bone.
Q: Can you explain in layman’s terms the cause of injury of the victim. A: Basing on the apparent condition of the shoulder the victim and the absence of any abrasion, the victim could have had a strong/powerful collision on a smooth concrete surface where the impact was concentrated on the right and/or back portion of the shoulder of the victim.
Q: Based on your findings, the victim suffered injury of a shoulder dislocation secondary to fall? A: Yes, definitely.
Q: Are there any other external or internal findings that may have caused injury to the victim? A: There are no other markings or injuries. Q: What is the extent or the severity of the injury suffered by the victim MEGUMI AMOR NAGUM? A: __________________________________________________________ Q: Did you affirm that you prepared, issued, and signed this medical 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. AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of January, 2018, hereat Cabanatuan City.
Dr. SIMEON DU, MD Affiant SUBSCRIBED AND SWORN to before me this ____ day of January, 2018 at Cabanatuan City, Nueva Ecija by the affiant who was identified by me through competent evidence representing to me this integrally complete document and declaring thereof that he has voluntary affixed his signature and that he executed the document as his voluntary act and deed.
CERTIFICATION I, ATTY. VENUS LEILANI VILLANUEVA-GRANADO, subscribing under oath, depose and say that: 1. I personally conducted the examination of the Affiant, SIMEON DU at my office located at 456 Zulueta St., Cabanatuan City; 2. I faithfully recorded the questions I asked and the corresponding answers given by him; and 3. Neither I nor any other person then present or assisting me coached him regarding his answers. 4. I am executing this Certification to attest to the truth of the foregoing.
VENUS LEILANI VILLANUEVA-GRANADO Counsel Roll of Attorneys No. 95364 IBP OR No.665265 MCLE Compl. VIII-567882 Dated January 2, 2018
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of January, 2018, in the City of Cabanatuan, Nueva Ecija, Philippines by the affiant who personally known to me and exhibiting to me her IBP ID with No. 665265 (Cabanatuan, Nueva Ecija Chapter).
ATTY. LESLIE D. RAGUINDIN
Notary Public Until December 31, 2019 Unit 4A, 4th Floor, Raguindin Building, Cabanatuan City (074) 442-8989 . 09175444345 PTR No. 219193 / Cabanatuan City Roll of Attorney No. 91516; 3-14-17 IBP Membership No. 1932158 MCLE No. VII-001178, 07-27-17 Commission Serial No. 85-NC-11 (R) TIN: 033-507-420
Doc. No. 19; Page No. 4; Book No. I; Series of 2018.
Copy Furnished:
LINA FLOR D. CORPUZ OFFICE OF THE CITY PROSECUTOR Hall of Justice, Cabanatuan City, Nueva Ecija
NOTICE
Copies of this Judicial Affidavit were personally filed and delivered to: The Clerk of Court Regional Trial Court Branch 26, Cabanatuan City -andDIAZ-CABIAO LAW OFFICE Maharlika Highway, Cabanatuan City, N.E.
