Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 102
QUEZON CITY
KRIS AQUINO-TSOI,
Petitioner,

Civil Case No. 1241151-CV

For: Declaration of Nullity
-versus- of Marriage under Art. 36
of Family Code

MING TSOI,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x
TRANSCRIPT
Of Stenographic Notes taken down by the undersigned Court Stenographer during the
hearing that transpired October 15 , 2009, held before the HON. TEODORICO
FERNANDEZ, Presiding Judge, in the presence of the following Court Personnel

M.I. SARAH GERONIMO, Officer-in-Charge

MA. REGINE VELAZQUEZ, Court Stenographer

Appearances

PROS. MARK IANFRED GLOR

Public Prosecutor

ATTY. ILHAM BATUGAN

Counsel for the Petitioner
‘
ATTY. CHARMAINE GUZMAN
Counsel for the Respondent

DR. THEO BALLESTEROS

Corraborating Witness for Petitioner
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
AFTER CALLING THE CALENDAR THE FOLLOWING PROCEEDINGS
TOOK PLACE
******************************************************************************

COURT Call the case

INTERPRETER Civil Case No. 1241151-CV, Kris Aquino-Tsoi vs. Ming Tsoi, For
Declaration of Nullity of Marriage under Art 36 of the Family
Code. Initial Presentation of Petitioner’s Evidence

COURT Appearances?

PROS. MARK Good Morning Your Honor, Respectfully appearing for the State
IANFRED
GLOR

ATTY. ILHAM Good Morning Your Honor, same appearance as counsel for the
BATUGAN Petitioner. We are ready your honor.

ATTY. Good Morning Your Honor, appearing as counsel for the

CHARMAINE Respondent
GUZMAN

COURT Call your witness

ATTY. ILHAM We would like to call to the witness stand DR. THEO
BATUGAN BALLESTEROS

COURT Swear in the witness.

INTERPRETER Please raise your right hand mam.

COURT Do you swear to tell the truth, the whole, and nothing but truth
in this proceeding so help you God.

DR. I do.
BALLESTEROS

INTERPRETER Please state your full name, age, and other personal
circumstances.
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
Dr. I, Dr. Theo Ballesteros, of legal age, married, Filipino Citizen and
BALLESTEROS with office address at Department of Urology, Manila_City. I
am the Urologist engaged by the plaintiff in this case to conduct
the medical examination on Mrs. Kris Aquino Tsoi

COURT Your witness, attorney

ATTY. ILHAM We are offering the testimony of the witness to prove that the
BATUGAN marriage was never consummated. Can I proceed your Honor?

COURT Alright, proceed

ATTY. Subject to cross your honor

CHARMAINE
GUZMAN

DIRECT EXAMINATION OF WITNESS BY ATTY.

ILHAM BATUGAN

ATTY. ILHAM So, are you the same Dr. Theo Ballesteros, the Urologist of this
BATUGAN case?

DR. Yes, Atty.

BALLESTEROS

ATTY. Mr Witness, do you know the petitioner in this case?

BATUGAN

DR. Yes. Atty. She came to my clinic sometime in January 20, 2009
BALLESTEROS to request for a medical evaluation on her private part.

ATTY. Did you conduct a medical examination on her in this

BATUGAN case?

DR. Yes Mam

BALLESTEROS
ATTY. Now, could you please tell us the manner by which you
BATUGAN conducted your study?

DR. I did the standard procedure as properly laid down by the PGH
BALLESTEROS Protocol in conducting an examination to determine virginity in
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
women.

ATTY. Before, we start what are your qualifications as a

BATUGAN urologist?

DR. I am graduate of University of the Philippines Manila, where I

BALLESTEROS took up BS Bio, Summa Cum Laude and I finished my Medical
degree in UST also Summa Cum Laude. I finished further
medical studies in Harvard University. I worked as a resident
surgeon at Kensington Healthcare Clinic in Houston. I came
back to Manila after four years and got an opportunity to work at
Chinese General Hospital. I have a record of performing all the
surgeries with hundred percent accuracy and assured treatment
of infections or diseases related to urinary and reproductive
system. I am an author of books in Urology.

ATTY. Were you able to personally examine the plaintiff?

BATUGAN

DR. I assess the petitioner’s vaginal canal to be tight and the

BALLESTEROS rugosities are sharp and prominent. It still has high degree of
resistance, even with the presence of a lubricating substance.
Her labia minora is soft, pinkish and in close contact with one
another and its vestibule is narrow. The two labia minora unites
posteriorly and it still forms a V shape appearance. The hymen is
still intact and there is no laceration nor any indication of a
healed laceration

ATTY. Mr witness, in connection with your study, what were

BATUGAN your findings?

DR. I assess the petitioner’s vaginal canal to be tight and the

BALLESTEROS rugosities are sharp and prominent. It still has high degree of
resistance, even with the presence of a lubricating substance.
Her labia minora is soft, pinkish and in close contact with one
another and its vestibule is narrow. The two labia minora unites
posteriorly and it still forms a V shape appearance. The hymen is
still intact and there is no laceration nor any indication of a
healed laceration
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
ATTY. In terms that could be understood even by a layman,
BATUGAN could you please elaborate on the disorder of the
plaintiff?

DR. The plaintiff is still very much a virgin.

BALLESTEROS
ATTY. Now mr witness, you are trying to tell us that it is very
BATUGAN likely that no sexual intercourse happened between the
husband and wife?

DR. Yes Mam

BALLESTEROS

ATTY. Why do you say so?

BATUGAN

DR. The totality of the result of the medical examination concludes

BALLESTEROS that Mrs. Tsoi is still a virgin.

ATTY. Mr witness, did you put your findings in writing?

BATUGAN

DR. Yes mam

BALLESTEROS

ATTY. if the said written report you mentioned will be shown

BATUGAN to you, will you be able to identify it?

DR. Yes mam

BALLESTEROS

ATTY. I have here a document which purports to be a medical

BATUGAN examination report, dated January 20, 2009, can you
please kindly go over it and tell this Honorable court its
relation to the document you are referring to.

DR. Mam, this is the same medical examination report that I have
BALLESTEROS made.

ATTY. Found on the last page of the same document is a

Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
BATUGAN signature above the typewritten name Dr. Theo
Ballesteros, MD, whose signature is that?

DR. It is my signature, mam

BALLESTEROS

ATTY. I have no further questions. Do you have anything to

BATUGAN add or retract, Mr Witness?

DR. No mam.
BALLESTEROS

ATTY. Are you willing to sign your statement?

BATUGAN

DR. Yes mam.

BALLESTEROS

ATTY. That would be all your Honor

BATUGAN

ATTY. Cross Your Honor

CHARMAINE
GUZMAN

COURT Ready to cross?

ATTY. Yes your honor.

CHARMAINE
GUZMAN

CROSS EXAMINATION OF WITNESS BY ATTY.

CHARMAINE GUZMAN
ATTY. Your test reveals that Ms. Aquino-Tsoi is still a virgin. As an
CHARMAINE expert in your field, do you think that it is a conclusive evidence
GUZMAN of a woman’s virginity?

DR. Yes mam it is conclusive, the totality of my findings suggest that

BALLESTEROS she is still a virgin,
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
ATTY. Mr. Witness, is it possible for a woman who has an intact hymen
CHARMAINE to have already been penetrated?
GUZMAN

DR. Yes, mam it is possible. The hymen is a thin mucous membrane,

BALLESTEROS partially closing the vaginal orifice. It represents
an embryological remnant, originating from the urogenital
sinus. It varies greatly in shape. Its
elasticity increases after puberty so it is possible that it may
allow penile penetration without rupture and
bleeding.

ATTY. Would you say that Ms. Aquino-Tsoi’s hymen is that of a normal
CHARMAINE type?
GUZMAN

DR. Yes, mam it is

BALLESTEROS

ATTY. Can you describe to us what a normal hymen is?

CHARMAINE
GUZMAN

DR. Hymen: a thin membrane that surrounds the opening to the

BALLESTEROS vagina. Hymens can come in different shapes. The most
common hymen in young women is shaped like a half moon.
This shape allows menstrual blood to flow out of the vagina.
There is no indication that it is an imperforate, microperforate
nor septate hymen. It also has no polyps nor tags.

ATTY. After your examination of Ms. Aquino-Tsoi’s vaginal canal,

CHARMAINE would you say that your findings of her hymen are still accurate?
GUZMAN

DR. Yes mam it still is. Hymenal lacerations are not the only
BALLESTEROS indicators of penetration. The tightness and resistance of the
vaginal canal to foreign must also be taken into consideration

ATTY. How was the procedure done? What materials did you use?
CHARMAINE
GUZMAN
Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x

DR. I performed a standard examination usually conducted on

BALLESTEROS victims of sexual assault. I examined if there was any signs of
trauma or lacerations. The vaginal canal exhibited very strong
resistance even with lubrication.

ATTY. So, would you say now, Mr. Witness, that insertion of small
CHARMAINE objects into a woman’s vagina will not affect the integrity of the
GUZMAN tissue/s?

DR. It’s a case to case basis. It depends mam, hymenal elasticity and
BALLESTEROS integrity differs from person to person, so insertion of a small
object might affect the integrity of the tissue in some women or
it may remain intact in others.

ATTY. Mr. Witness is this your first time to testify as an expert witness
CHARMAINE in an open court?
GUZMAN

DR. No mam
BALLESTEROS

ATTY. Are you aware that in the case of People v Bawang, GR No.
CHARMAINE 131942, decided in Oct. 2, 2000, the Supreme Court held, thru
GUZMAN an expert witness’ statement that, and I quote, “As a rule, the
hymen is lacerated during the first sexual act, however, it is not
always the case. Some hymen[s] are thick, elastic and fleshy that
can resist certain degree of distention without causing
laceration. The hymen may be lacerated due to some other
causes. So that the fact that the hymen is intact does not prove
absence of sexual intercourse and the presence of laceration
does not prove defloration.”

DR. Yes
BALLESTEROS

ATTY. (But) Do you agree with what was stated?

CHARMAINE
GUZMAN

DR. Yes mam that it is a scientific fact

Civil Case No. 1241151- CV
KRIS AQUINO-TSOI vs MING TSOI
For: Declaration of Nullity of Marriage
INITIAL PRESENTATION OF PETITIONER’S EVIDENCE
Testimony of DR. THEO BALLESTEROS
TSN 15 October 2009
/mrvelazquez
x--------------------------------------------------------------------x
BALLESTEROS

ATTY. That would be all, Your Honor.

CHARMAINE
GUZMAN