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MOCK TRIAL

DIRECT EXAMINATION OF AN EXPERT WITNESS

Attorney 1: Good morning, You Honor. I am Atty. Glyndores Bautistalla, the


counsel for the defendant and I will be conducting the direct
examination of Dr. Sergio Alteza, Jr.
Court Staff 1: Please raise your right hand. Do you swear the truth, the whole
truth, and nothing but the truth?

Witness 1: I do. (witness goes to the stand and sits down)

Attorney 1: Good morning sir. Can you please state your name and personal
circumstances for the court?
Witness 1: I am Dr. Sergio Alteza, Jr., 35 years of age, single, medico legal officer
and a resident of Robinsons Tower, Padre Faura St., Ermita, Manila.

Attorney 1: This witness, Your Honor, Dr. Sergio Alteza, Jr., will testify on the
findings in the Doctor’s Medical Report prepared by him to prove the
following: (i) that my client Mr. Chi Ming Tsoi is not impotent; (ii) and
that he is capable of erection. May we proceed, Your Honor?

Judge: Proceed. Atty. Bautistalla.

Attorney 1: Perform direct-examination question for Witness

Q: You declared that you are a doctor of medicine, Dr. Alteza, where did you
finish your medical degree?
A: From the University of Sto. Tomas-College of Medicine, Espana, Manila.

Q: When did you graduate?


A: 1984?

Q: Are you a licensed physician?


A: Yes.

Q: When did you pass the doctor’s board examination?


A: in 1985.

Q: Where are you presently connected?


A: I’m presently connected with the Santo Tomas University Hospital located in
Manila.

Q: Since when have you been employed in that hospital?


A: I have been employed there since 1985.

Q: What is your present designation?


A: I’m presently the medico legal officer in said institution.

Q: Since you became a licensed physician, have you attended seminars and
undertaken training in connection with the practice of medicine?
A: Yes. I have attended several training seminars held here and abroad. In fact,
I have also been invited as a guest speaker to give special lectures on modern
medical practices.

Q: Have you testified as a Medical expert in cases before courts of justice?


A: Yes, mostly on medico legal cases.

Q: How many medico legal cases so far have you testified? What kind of medico
legal cases have you testified?
A: For the past years, around one hundred (100) cases. Mostly homicide and
murder cases, medical malpractice cases and industrial and vehicular
accidents.
Q: Do you remember having examined Mr. Chi Ming Tsoi at the University of
Sto. Tomas Hospital?
A: Yes.

Q: Do you recall when was that doctor? About what time?


A: About 1:30 in the afternoon of October 17, 1989.

Q: Do you remember what is the reason why Mr. Tsoi seek medical attention?
A: Mr. Tsoi had undergone a physical examination for the purpose of finding
out whether he is impotent.

Q: Based on your physical examination of Mr. Tsoi, what are your findings?
A: Based on my examination on the reproductive organ of Mr. Tsoi, I found out
that there is no evidence of impotency, and that he is capable of erection.

Q: How did you conduct the examination to arrive to your findings?


A: I asked Mr. Tsoi to masturbate to find out whether or not he has an
erection and I found out that from the original size of two (2) inches, or five (5)
centimeters, the penis of the defendant lengthened by one (1) inch and one
centimeter.

Q: Considering such length Dr. Alteza, would it will be capable of having a


sexual intercourse with a woman?
A: Mr. Tsoi had only a soft erection which is why his penis is not in its full
length. But, still is capable of further erection, in that with his soft erection,
Mr. Tsoi is still capable of having sexual intercourse with a woman.

Q: How did you report such findings?


A: In a form of a report entitled Doctor’s Medical Report.

Q: Attached to the record of the case is a Doctor’s Medical Report issued by one
Dr. Sergio Alteza Jr, is this the one you are referring to? (Exhibit 2)
A: Yes.

ATTY 1: For the record, the witness has identified the document previously
marked as Exhibit 2 as the Doctor’s Medical Report issued by Dr. Sergio Alteza
Jr.

Q: There is a signature above the typewritten name Dr. Sergio Alteza Jr., do
you know whose signature is this doctor?
A: It is my signature.

ATTY 1: I respectfully request Your Honor, that the signature appearing in


Exhibit “2” be marked as Exhibit “2-A”.

Judge: Mark it.

Q: The Doctor’s Medical Report states two findings that: (1) there is no evidence
of impotency; (2) he is capable of erection, would you confirm that findings to
be correct, Dr. Alteza?
A: Yes.

ATTY 1: I respectfully request Your Honor, that the findings appearing in


Exhibit “2” be marked as Exhibit “2-B” and Exhibit “2-C”.

Judge: Mark it

ATTY. 1: No further questions, Your Honor.

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