CROSS EXAMINATION OF THE PSYCHIATRIST

BY THE PROSECUTION

COUNSEL Mr. Witness, you said that you were employed in Philippine General
Hospital during the year 1987. How long have you been practicing your
profession?

WITNESS 34 years now, Sir.

COUNSEL At the time of your examination with the accused, how long have you
been practicing your profession?

WITNESS 2 years, Sir.

COUNSEL Your task as a psychiatrist is to examine patients; take medical histories

of the patients; and recommend best care program and treatment,
correct?

WITNESS Yes, Sir.

COUNSEL What is your field of expertise?

WITNESS Psychiatry.

COUNSEL After earning a medical degree in 1984, what is the next step?

WITNESS 1 year Post Graduate Internship, Sir.

COUNSEL After a one year Post Graduate Internship, what comes next?

WITNESS 4 years of Residency, Sir.

COUNSEL How many more years of further studies to be a Psychiatrist?

WITNESS 2 years of Fellowship, Sir.

COUNSEL Okay, Mr. Witness. So if you earned your medical degree on 1984, plus
1 year Post Graduate Internship, 4 years of Residency and 2 years of
Fellowship, it means that is an additional 7 years to be a Psychiatrist?

WITNESS That is correct, sir.

COUNSEL So that means around 1991?

WITNESS Yes, sir.

COUNSEL Can we just recall, when did you diagnose the accused as
schizophrenic?

WITNESS Sometime in May 1987, sir.

COUNSEL So this means, Mr. Witness, that at the time of your diagnosis of the
accused, you were not yet a Psychiatrist?

WITNESS …..That is correct, sir.

COUNSEL In other words, you were only a general practitioner at that time?

WITNESS No, sir.

COUNSEL What was your status at that time?

WITNESS I was fulfilling my residency requirement to be a general practitioner, Sir.

COUNSEL What's the difference between General Physician and Psychiatrist?

WITNESS A general physician is a doctor who has passed the Physician Licensure
Examination; A Psychiatrist is a doctor who specializes in the treatment
of mental disorders.

COUNSEL Are general physicians qualified to give a diagnosis of Schizophrenia?

WITNESS No, Sir.

COUNSEL At the time when you made your diagnosis of the accused, you were a
general physician, correct?

WITNESS Yes, Sir.

COUNSEL So, at the time when you made your diagnosis, you were not qualified,
correct?

WITNESS Yes, Sir.

COUNSEL Mr. Witness, you said earlier that the accused was diagnosed with
schizophrenia, am I right?

WITNESS Yes, Sir.

COUNSEL At arriving with this diagnosis, were you able to interview family members
of the accused?

WITNESS Yes, Sir.

COUNSEL How many were you able to interview?

WITNESS 2, sir.
COUNSEL How are they related to the accused?

WITNESS They are his parents, Sir.

COUNSEL Is the observation of other family members or relatives significant in

knowing whether a person is suffering from Schizophrenia?

WITNESS Yes, sir, if those relatives are also living with the patient or having
frequent interaction with the patient.

COUNSEL Aside from the accused’s parents, you did not interview other family
members or relatives?

WITNESS No, sir.

COUNSEL But is it also relevant to interview other family members or relatives?

WITNESS Yes, sir, it is relevant.

COUNSEL Would your diagnosis have been different if you interviewed other family
members?

WITNESS It is not decisi...

COUNSEL Mr. witness, the question is answerable by a yes or no. Please answer
accordingly. Is there a possibility that it might affect your diagnosis or
would even change your diagnosis?

WITNESS ...Yes, sir.

COUNSEL At the time of the diagnosis of the accused, that was 1987, am I right?

WITNESS Yes, Sir.

COUNSEL How many patients have you handled having the similar disorder?

WITNESS 3.

COUNSEL Mr. Witness, as a Licensed Psychiatrist, is Schizophrenia curable?

WITNESS No, Sir.

COUNSEL Is a single medical test enough to conclude that a person is suffering

from Schizophrenia?

WITNESS Yes, Sir. If the symptoms are...

COUNSEL. Just a Yes or a No answer, Mr. Witness.

COUNSEL What are some of the traits common to schizophrenic?

WITNESS The common symptom is aloofness, a withdrawal behind barriers of

loneliness, hopelessness, hatred and fear. They do not empathize with
 the feelings of others and manifests little concern about the realities of
life situations.

COUNSEL Are those traits you’ve mentioned be always present?

WITNESS No, Sir.

COUNSEL Mr. Witness, in your expert opinion, is a schizophrenic capable of

collaborating with others to do specific task?

WITNESS No Sir.

COUNSEL Like commanding other people to open a stable to cause a commotion?

WITNESS No Sir.

COUNSEL How about organizing a birthday party?

WITNESS No Sir.

COUNSEL How about, in organizing a birthday party, assign people to set-up

fireworks for the celebrant?

WITNESS No Sir.

COUNSEL So Mr. Witness, only a person with a normal mental condition would be
able to do those acts?

WITNESS Yes Sir.

COUNSEL Would a person in his right mind follow instructions from a person
suffering from schizophrenia?

WITNESS No Sir.

COUNSEL Because a person will only follow the instructions of a person with a
rational mind, right?

WITNESS Yes Sir.

COUNSEL Is it possible to have a lucid interval when suffering from such kind of
disorder in such a way that the patient will be able to distinguish right
from wrong?

WITNESS Yes, Sir.

COUNSEL If it is possible to have a lucid interval, is it also possible that at the time
of the incident, the accused is at a lucid interval?

WITNESS Yes, sir. It is possible

COUNSEL Mr. Witness, you said earlier that the last time you saw the accused was
in 1994.

WITNESS Yes, Sir.

COUNSEL That’s more than 20 years ago, correct?

WITNESS Yes, Sir.

COUNSEL Is it possible that the accused’s mental condition, from the time of your
diagnosis, is different from his mental condition at the time of the incident
or at least his current mental state?

WITNESS I cannot say for sure, sir. Like what I said, schizophrenia is incu...

COUNSEL Mr. witness, the question is answerable by a yes or no. We are merely
asking the possibility of having a change in the mental condition of the
accused. Is there a possibility?

WITNESS Yes, there is a possibility.

COUNSEL So that means, his mental condition might have worsened?

WITNESS Yes, sir

COUNSEL But it may also mean that his mental condition have improved, right, Mr.
witness?

WITNESS Yes, sir.

COUNSEL Were you able to examine further the accused before the incident?

WITNESS No, sir

COUNSEL How about right after the incident?

WITNESS No, sir

COUNSEL If you haven’t examined the accused for more than 20 years already, can
you now say that you are no longer knowledgeable or at least familiar
with the mental condition of the accused?

WITNESS That is fair to say, sir.

Prosecution No further questions, Your Honor.

Counsel

Judge Re-direct from defense?

Defense No. That would be all, Your Honor.

Judge Any more witness for the defense counsel?

Defense Counsel Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:
(FORMAL OFFER OF EVIDENCE FOR THE DEFENSE)

Defense Counsel We are not presenting any witnesses, Your Honor; we will submit the
same for judgment of this honorable court.
We, therefore, respectfully rest our case.

Judge Granted.

Considering the manifestation of both counsels, let this case deemed

submitted for decision.
The parties are given thirty (30) days from today to submit their
respective memoranda to be filed simultaneously.
SO ORDERED.