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judicial-affidavit-homicide

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Republic of the Philippines
Regional Trial Court
Branch 10
La Trinidad, Benguet
PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE NO. 12345-01
-versus-
FOR:
HOMICIDE
ECHO T. LABNIA,
Accused.
JUDICIAL AFFIDAVIT
This Judicial Affidavit of Icay D. Sequenia executed to serve as his direct testimony in the
instant case. The Judicial Affidavit is offered to prove: (1) all the allegations in the
homicide case; including all the ANNEXES appended thereto, which he respectfully
requests to be correspondingly marked as EXHIBITS in this case; and (3) all matters
related thereto, with reservation to present additional exhibits in the course of the
proceeding of the instant case.
QUESTIONS were propounded by Plaintiff’s counsel, Atty. Bulbulito A.
Bayagyag, in English, the affiant fully understands, while ANSWERS were given by
witness Icay D. Sequenia in English.
BACKGROUND OF THE CASE
Felin G. Pakboi, male, 34 years old, married and a resident of 183 Muller
Subdivision, Crystal Cave, Bakakeng Central, Baguio City, was shot on July 29, 2016 at
Session Rd., Baguio City at around 6:00 in the morning.
PRELIMINARY QUESTIONS
Q: Please state your name, age, residence and occupation.
A: I am Icay D. Sequenia, 45 years old. I am Medical Doctor and a Medico-Legal
Officer. I reside at #11 Buyagan, La Trinidad, Benguet.
Q: Why are you here now?
A: To give a sworn statement by way of a judicial affidavit, the same to constitute
as my direct testimony to this homicide case.
Q: In what language do you want your examination to be conducted?
A: The judicial affidavit shall be prepared in English but I want my examination to
be in Tagalog for my convenience and clarity.
Page 1 of 6
Q: Do you undertake to answer the question to be asked of you, fully conscious that
you will do so under oath, that you may face criminal liability for false testimony
or perjury?
A: Yes.
Q: Where do you work as a Medico-Legal Officer?
A: I am a Medico-Legal Officer with a rank of Police Superintendent at the
Regional Crime Laboratory Office – Cordillera, Philippine National Police, Camp
Bado Dangwa, La Trinidad, Benguet.
Q: How long have you been practicing your profession as a Medico-Legal Officer?
A: 10 years.
Q: Before you became a Medico-Legal Officer of the Philippine National Police,
have you been working as a private medical practitioner?
A: Yes I had.
Q: For how long?
A: 5 years.
Q: During your stint as a private medical practitioner, have you conducted
autopsies?
A: Yes, in private capacity.
Q: When did you start practicing your profession as a Medico-Legal Officer in the
Regional Crime Laboratory Office – Cordillera?
A: From 2009 up to present sir.
Q: In your capacity as a Medico-Legal Officer, how many cadavers have you
conducted autopsies from 2009 up to present, Dr. Icay D. Sequenia?
A: If my memory serve me best, around 200 bodies.
Q: Is this your first time to testify as an expert witness?
A: No, this is not my first time.
Q: So how many times have you testified?
A: This is my 40th time to appear and testify as an expert witness.
Q: So with your 10 year experience in the medical profession especially at
examining cadavers and determining their cause of death, you can say with absolute
sureness that you are indeed an expert witness and is very much qualified to testify
as to the cause of death of the victim Felin G. Pakboi?
A: Yes I am.
Page 2 of 6
DIRECT EXAMINATION PROPER
Q: Dr. Icay D. Sequenia, where were you on July 29, 2016 at around 6:30 pm?
A: I was in the Regional Crime Laboratory Office-Cordillera, Philippine National
Police, Camp Bado Dangwa. La Trinidad, Benguet.
Q: Aside from being a Police Superintendent, what were you doing there?
A: I conducted an autopsy requested by the Chief of Police of La Trinidad, Benguet.
Q: May I ask to whose remains have you conducted the autopsy?
A: I conducted the autopsy on the remains of Felin G. Pakboi sir.
Q: How are you able to identify that the remains belongs to one Felin G. Pakboi.
A: Aside from his dental records sir, the remains were personally and visually
identified by the mother of the victim, Maria G. Pakboi.
Q: Did Mr. Pakboi died in Baguio city?
A: Yes sir, to be more specific at Session Rd., Baguio city.
Q: When was the body of Mr. Pakboi found?
A: On July 29, 2016 at around 6:30 am.
Q: Dr. Sequenia, what was the state of the body of Mr. Pakboi when you conducted
such autopsy?
A: The body is that of a fairly developed and fairly nourished Filipino male of 34
years of age according to records. The length is 163cm from crown to sole and the
estimated body weight is 140-180 lbs. The body is well preserved with no
embalming. There were external injuries that were visibly seen in Mr. Pakboi`s
body, sir.
Q: Were there any distinctive markings on the body?
A: There are tattoo marks in several areas all over the body. There are few scars as
well all over the body.
Q: What are these injuries Dr. Sequenia?
A: A perforating gunshot wound both on the left and right chest. There is also a
penetrating gunshot wound on the abdomen.
Q: Can you describe to us the gunshot wound on the left chest in detail?
A: Yes sir. The gunshot entrance is measuring 0.7 x 0.6 cm, 2 cm from the anterior
midline and 126 cm from the heel, at the left anterior costal region. The entrance is
surrounded by a contusion collar which measures 0.3 cm superiorly, 0.2 cm
medially, and 0.2 cm laterally and inferiorly. The gunshot wound entry site is not
associated with any scorching, singeing, smudging or powder tattooing. The exit is
measuring 1x1 cm, 13 cm from the posterior midline, and 112 cm from the heel, at
the left lumbar region.
Page 3 of 6
Q: What was the effect of this gunshot wound on the left chest?
A: When the bullet entered the left pleural cavity, it fractured the 5th left thoracic
rib, then lacerating the upper lobe of the left lung, pericardial sac, right ventricle of
the heart, left ventricle of the heart, lower lobe of the left lung, diaphragm and the
spleen. The bullet exited in the left lumbar region by lacerating the left posterior
peritoneal wall. The wound track is associated with haemorrhage in the left pleural,
pericardial and peritoneal cavities. The trajectory is posteriorward, downward and
lateralward.
Q: Can you also describe to us in detail the gunshot wound on the right chest?
A: Yes sir. The entrance is measuring 0.7x0.6 cm, 11.5 cm from the anterior midline
and 130cm from the heel, at the right anterior costal region. It is surrounded by a
contusion collar which measures 0.5cm laterally, 0.4cm superiorly, and 0.2cm
medially and inferiorly. The entry site is not associated with any scorching,
singeing, smudging or powder tattooing. The exit is measuring 0.7x0.7 cm, 8cm
from the posterior midline, and 101 cm from the heel, at the left lumbar region.
Q: What was the effect of these gunshot wound on the right chest?
A: When the bullet entered the right pleural cavity, it fractured the 5th right thoracic
rib, then lacerating the midline lobe of the right lung, diaphragm, colon, and the
small intestine. It exited in the left lumbar region by lacerating the left posterior
peritoneal wall. The wound track is associated with haemorrhage in the right pleural
and peritoneal cavities. The trajectory is posteriorward, downward and from right
to left.
Q: Can you describe in detail the last injury, the gunshot wound on the abdomen?
A: Yes sir. The entrance is measuring 0.7x0.7 cm, 4 cm from the anterior midline
and 109 cm from the heel, at the right upper quadrant of the abdomen. It is
surrounded by contusion collar which measures 0.2 cm superiorly, laterally,
inferiorly and medially. The entry is not associated with any scorching, singeing,
smudging or powder tattooing.
Q: What was the effect of this gunshot wound on the abdomen?
A: when the bullet entered the right peritoneal cavity, it pierced the colon and the
right kidney and then fractured the lumbar vertebra. The wound track is associated
with haemorrhage in the peritoneal cavity. A fired bullet was recovered at the back
beneath the lumbar vertebra. The trajectory is posteriorward, downward and
medialward.
Q: Aside from the injuries caused by gunshots to chest and abdomen, were there
any deformities on the rest of the body that could have contributed to the cause of
death of Mr. Pakboi, Dr. Sequenia?
A: There were none sir.
Q: Based on your findings doctor, what is the cause of the death of Mr. Pakboi?
A: The cause of death sir is hemorrhage secondary to multiple gunshot wounds in
the chest and abdomen.
Page 4 of 6
Q: Are all your findings reduced in writing Dr. Icay D. Sequenia?
A: Yes sir, there is an autopsy report.
Q: Where is the autopsy report?
A: It is currently in my possession at this moment, sir.
Q: Am I permitted in marking this “autopsy report” as Exhibit A?
A: Yes sir.
Q: Are you the same Icay D. Sequenia, the Medico-Legal Officer who conducted
the autopsy in this case?
A: Yes, sir.
Q: Is the signature affixed in the autopsy report your signature doctor?
A: Yes, the signature affixed in the autopsy report of Mr. Pakboi is my signature.
Q: I am attaching Exhibit A to your judicial affidavit to form part of it. Do you
confirm my action?
A: Yes, sir.
Q: Do you attest to the truthfulness of your statements and allegations in this
Judicial Affidavit?
A: Yes sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature, this 5th
day of August year 2016 at Baguio City, Philippines.
ICAY D. SEQUENIA
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of August year
2016 at La Trinidad, Benguet, Philippines, and I hereby certify that I have
personally examined the affiant and that I am convinced that he understood and
voluntarily executed this Judicial Affidavit.
ATTY. BULBULITO A, BAYAGYAG
Doc. No.
721
Page no.
76
Book no.
12
Series of 2016
Notary Public for
#69 Livinavidaloka Bldg., Bokawkan Rd., Baguio City
Commission Serial No. 02020
Until December 31, 2016
Attorney’s Roll No. 55555
IBP No. 12345-07/03/12 – Baguio City
PTR No. 54321-07/03/12 – Baguio City
MCLE Compliance No. I-0008776 – Oct. 21, 2016
Page 5 of 6
ATTESTATION
I, ATTY. BULBULITO A. BAYAGYAG, of legal age, single, and a resident of
La Trinidad, after duly sworn to in accordance with law, hereby depose and say that:
(1) I am the counsel for the Republic of the Philippines in Case No. 12345-01
(2) I faithfully recorded or caused to be recorded the question I asked and the
corresponding answers that the witness gave for his Judicial Affidavit; and
(3) Neither I nor any other person then present or assisting him coached the witness
regarding the latter’s answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 5 th Day of
August 2016, La Trinidad, Benguet, Philippines.
ATTY. BULBULITO A. BAYAGYAG
Affiant
Subscribed and Sworn to before me this 5th day of August 2016, Baguio City,
Philippines, affiant exhibited her IBP ID No. 12345 as her competent evidence of identity.
Doc. No.
721
Page no.
76
Book no.
12
Series of 2016
ATTY. BULBULITO A. BAYAGYAG
Notary Public for
#69 Livinavidaloka Bldg., Bokawkan Rd., Baguio City
Commission Serial No. 02020
Until December 31, 2016
Attorney’s Roll No. 55555
IBP No. 12345-07/03/12 – Baguio City
PTR No. 54321-07/03/12 – Baguio City
MCLE Compliance No. I-0008776 – Oct. 21, 2016
Page 6 of 6
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