Republic of the Philippines

Regional Trial Court

Branch 41
Dumaguete City

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus - CRIMINAL CASE No. 987654

for: PARRICIDE

JUAN DE LA CRUZ
Accused,

x-----------------------------------------x

JUDICIAL AFFIDAVIT OF THE WITNESS

(of the Prosecution witness DR. CHRISTEN NINA BERMEJO in lieu of
Direct Testimony)

I, Christen Nina Bermejo, 30 years old, born on 5 January 1989, single,

employed as Chief Health Officer of Dumaguete City, and residing at Blocl
7, Lot 16, Judyville Subdivision, Boloc-boloc, Sibulan after having been duly
sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use
of judicial affidavits to serve as the direct examination testimony of the
witness, on the basis of which the adverse party may conduct their cross-
examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I
also state that it was ATTY. JOSEFA CLARION who conducted the
examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state under
the pain of perjury that in answering the questions asked of me, as appearing
herein below, I am fully conscious that I did so under oath, and that I may face
criminal liabilities for false testimony or perjury.
PURPOSE: This affidavit/testimony of witness Dr. Christen Nina H.
Bermejo is offered to prove (1) the fact of death of PEDRO DE LA CRUZ;
(2) that the cause of death is Tension Pneumothorax defined as air leaking into
the pleural space inside the chest causing cardiac arrest due to penetrating
trauma by fatal stabbing; (3) that the witness personally examined the body of
the victim upon the request of the police; (4) that the witness personally
examined the status of the accused upon his arrest, finding the same to be
under the influence of alcohol at the time of the arrest; and (5) that the death
of the victim was surrounded by facts and circumstances that would show
manifest intent to kill, as expressed in the autopsy report personally prepared
by the witness.

PRELIMINARY QUESTIONS

Q1: Do you swear to tell the truth, the whole truth, and nothing but the truth?
A1: Yes, Ma’am.

Q2:Please state your name and profession for the benefit of the court.
A2: My name if Christen Niña Bermejo, a medical and forensic doctor.

Q3: Kindly state your educational background leading to your profession as

of this date.
A3: I obtained by Bachelors Degree of Science in Biology from the
University of the Philippines-Baguio in the year 1990. Thereafter, I went to
medical school in the Pamantasan ng Lungsod ng Maynila, graduated in 1994
and passed the medical board exams in 1996. I further continued my studies
and obtained a Master’s Degree in Criminal Justice with specialization in
Forensic Medicine from the University of the Cordilleras in 2000. Having
decided to move to the quaint town of Dumaguete City, I decided to apply for
the then vacant position of Chief City Health Officer.

Q4: What is your current profession?

A4:I am the Chief City Health Officer of Dumaguete City, a registered
forensic pathologist, and a medical doctor, with license no. 13-028-19-AS-3.

Q5: How long have you been practicing your profession as a medical doctor?
A5: For 23 years now starting the year I passed the medical board
examinations.

Q6: How long have you been practicing your profession as a medico-legal
officer in the PNP’s Regional Crime laboratory?
A6: For 18 years now starting 2001.
Q7: What do you do as a medico-legal officer in the Crime Laboratory?
A7: I conduct external and internal physical examinations of individuals and
I also conduct autopsies on cadavers presented in the Crime Laboratory.

Q8: Can you recall how many cadavers have you examined so far?
A9: More or less around 400 cadavers now.

Q9: Is this your first time to testify in court?

A9: No, this is not my first time.

Q10: To the best of your knowledge how many times have you testified as an
expert witness?
A10: I have made 101 testimonies as an expert witness as of this date.

Q11: Having been stated this information about your years of experience as a
medical doctor and medico-legal officer, can you say with absolute certainty
that you are qualified to testify as an expert witness to attest the cause of the
death of PEDRO DE LA CRUZ?
A11: Yes, I am.

DIRECT EXAMINATION PROPER

Q12: Were you tasked to perform the autopsy on the body of the victim
PEDRO DE LA CRUZ
A12: Yes, as the medico-legal officer, I was tasked to examine the cadaver of
PEDRO DE LA CRUZ.

Q13: Where did you examine the cadaver of PEDRO DE LA CRUZ?

A13: I examined the victim’s body at the morgue of Dumaguete City
Provincial Hospital located at North Rd., National Highway, Dumaguete,
Negros Oriental.

Q14: When did you examine the body? Kindly recall the exact date and time
of the examination.
A4: I examined the body at 10 o’clock in the evening of December 6, 2018.

Q15: Was that the first time for you to see the body of PEDRO DE LA CRUZ?
A15: Yes.

Q16: Can you describe the body upon seeing it?

A16: My examination of the victim’s cadaver showed that Pedro, who was
attacked while facing the assailant, sustained abrasions in the cheeks, and chin
and five (5) stab wounds on the neck, four (4) of which were caused by a sharp
bladed instrument and fatal.
Furthermore, I have observed that for an old man to be attacked so violently,
the killer must have been extremely angry. The body of sixty-five(65) year-
old Pedro sustained three (3) stab wounds on the left side of the chest, which
were likewise fatal, as these pierced his heart and left lung.

Q17: Can you please discuss the examination you conducted on the body.
A17: I conducted a post-mortem examination of the body to determine the
cause of death.

Q18: What were your findings?

A18: My findings are as follows:

-The body is that of a fairly developed, fairly nourished Filipino male

measuring 175 cm form the crown to sole with an estimated body weight of
130-150 lbs.
-There are stab marks on the neck and chest
-The evidence of injury is the ‘fish-tail’ mark in the neck and chest in
the form of
triangular, tear drop or wedge shaped, one angle of the wound will be sharp,
the other blunt or torn.
-The larynx and esophagus are markedly congested and cyanotic.
-The trachea is fractured and cyanotic.

Q19: Based on your findings, what in your best knowledge is the cause of
death of the victim?
A19: The victim died of Tension Pneumothorax caused by fatal stabbing.

Q20: Can you explain in layman’s terms the cause of death of the victim.
A20: Tension Pneumothorax is also known as “Collapsed lungs”. This
condition happens when the space between the wall of the chest cavity and
the lung itself fills with air, causing all or a portion of
the lung to collapse. Air usually enters this space, called the pleural space,
through an injury to the chest wall or a hole in the lung.

Stab wounds are penetrating injuries produced by thrusting an object into the
body. Knives, swords, sharpened sticks, screwdrivers, scissors and crossbow
bolts are amongst a range of weapons that cause puncture wounds and may
result in severe internal hemorrhage. When the chest, for example, is
penetrated, various pulmonary, myocardial and mediastinal injuries may
result depending on the depth of penetration and the dynamics of the
event. Pneumothorax (collapsed lungs) among others are possible
complications. If there is a forceful stab to the body, it may depress the wall
allowing deeper organs to be injured, thereby creating a fatal death.

Q21: Based on your findings, the victim died because of collapsed lungs or
scientifically called as Tension Pneumothorax caused by fatal stab wounds, is
that correct?
A21: Yes, definitely.

Q22: Based on your physical examination of the neck, what instrument was
used in the fatal stab?
A22: Basing on the ‘fishtail’ mark on the neck of the victim and the absence
of any pattern, the victim could have been stabbed by a by a knife with a single
cutting edge.

Q23: Aside from the abrasions on the cheek, chin, and chest and the stab
wounds on the neck and chest, are there any other external or internal findings
that may have caused injury or death to the victim?
A23: There are no other markings or injuries aside from the abrasions and stab
marks.

Q24: Did you affirm that you prepared, issued, and signed this medico-legal
certificate?
A24: Yes.

Q25: 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?
A25: Yes.

Q26: You mentioned that you personally prepared the autopsy report of the
victim’s body. If shown a copy of the same, would you be able to identify it?
A26: Yes, Ma’am.

Q27: I am now showing you a copy of the Autopsy Report No. 09-938-a18,
dated December 6th, 2018. Is this the same report you said you prepared for
this case?
A27: Yes, that is the one.

Q28: And a signature appears on top of the name Dr. Christen Nina Bermajo
on the lower right side of the 2nd page of the aforementioned report. Do you
know whose signature that is?
A28: I do. That is my signature.
MOTION: I would like to manifest that the witness identified the document
entitled Autopsy Report No. 09-938-a18 and the signature found therein as
hers, and thus pray that the Autopy Report be marked as Exhibit C, and the
signature as Exhibit C-1.

Q29: Let’s backtrack to the night of the arrest. Where were you on the evening
of December 6th, 2018, at around 6PM?
A29: I was at the City Health Office, finishing my report on all the patients I
handled for the day when at around 6:15PM, I received an urgent call from
the Chief of Police of Dumaguete City that my presence is required to conduct
a complete physical examination of a person they just arrested for allegedly
killing his own father.

Q30: How long did it take you to get to the scene of the crime?
A30: It took me more or less ten (10) minutes to get to Brgy. Lo-oc.

Q31: Upon arriving to the scene of the crime, what happened?

A31: Upon my arrival, I introduced myself to one of the responding officers
and was immediately referred to the Chief of Police whom I just got off of the
phone 10-15 minutes ago. Thereafter, he informed me that as part of the
standard operating procedure in arresting a person for an alleged crime, the
latter must be physically examined by a doctor for any anomalies.

Q31: Did you comply with the Chief of Police’s request?

A31: Yes, I did. I immediately checked the physical aspect of the accused,
and there found that he was under the influence of alcohol, to which I reflected
in my medical report.

Q32: If shown a copy of this medical report, would you be able to identify the
same?
A32: Yes I would.

Q33: I am showing you now a copy of the Medico-Legal Record No 837-10

dated December 6th, 2018. Is this the same report you were referring to earlier?
A33: Yes.

Q34: And whose signature is that, which appears on top of the name Dr.
Christen Nina Bermejo?
A34: That would be my signature, Ma’am.
MOTION: I would like to manifest that the witness identified the document
entitled Medico-Legal Record No. 837-10 dated December 6th, 2018 and the
signature found therein as hers, and thus pray that the Medico-Legal be
marked as Exhibit D, and the signature as Exhibit D-1.
 -------END OF STATEMENT-------

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

of December 2018,Dumaguete City.

DR. CHRISTEN NINA BERMEJO

(Affiant)

SUBSCRIBED AND SWORN to before me this 10th of December at

Dumaguete City by the affiant who personally appeared before me and
presented to me his Driver’s License, which sufficiently establishes his
identity and who attested the truth of the foregoing.

MARIA JOSEFA A. CLARION

Notary Public
Doc no ______; Until December 31 2025
Page no ______; PTR No. 1234/Dumaguete
City/01-01-08
Book No____ Series of 2019 Roll no 98765431

ATTESTATION

I, ATTY. MARIA JOSEFA A. CLARION hereby state that I have faithfully

recorded or caused to be recorded the questions I asked and the corresponding
answers given by Dr. Christen Nina Bermejo and that neither I nor other
person then present or assisting me coached Dr. Christen Nina Bermejo her
answers.

Atty. Maria Josefa A. Clarion

SUBSCRIBED AND SWORN to before me this 10th of December at
Dumaguete City by the affiant who personally appeared before me and
presented to me his Driver’s License, which sufficiently establishes his
identity and who attested the truth of the foregoing.
 Administering Officer/Notary Public
ATTY. EDCARL REALIZA CAGANDAHAN
Notary Public
Doc no ______; Until December 31 2025
Page no ______; PTR No.1234/ Dumaguete
City/01-01-08
Book No____ Series of 2008 Roll no 98765431

The original copy of this judicial affidavit is filed with the Honorable Court
and duplicate copies thereof are furnished by personal service to:

Office of the City Prosecutor

Hall of Justice,
E.J. Blanco Drive,
Dumaguete City, Negros Oriental