Direct Examination of the Expert Witness by Atty.

Putot and Papa Barrs

COURT: Please state your name and other personal circumstances.

WITNESS: Dr. Ardeen Roy Diamante, 35 yrs. Old, married. Medico- legal officer, PNP Crime
Laboratory 7. Quezon Avenue, Davao (or Digos) City.

PROSECUTION: Your Honor, this witness is presented to identify the medico legal report. Also
before anything else, I would just like to give some background on the competence of our expert
witness.

Dr. BaRoy finished his medical degree at the University of Sto. Tomas. He took his medical board
examination on 2005 and successfully passed it with remarkable grades being a 3rd placer of his batch.

Also, he graduated from Princeton University for his specialization in Pathology. After which, he
became a part of the PNP Crime Laboratory. Right now, he is the Chief Medical Examiner of PNP
Crime Laboratory Davao (or Digos) City.

COURT: You may proceed.

PROSECUTION.: Before proceeding your Honor, may I request counsel to admit the competence
of the witness.

DEFENSE: Admitted, your Honor.

COURT: Alright, continue.

Q: Doctor baROY, have you examined Daisy Ann Catubag?

A: Yes, ma’am.

Q: And when did you examined her?

A: Last _______________.

Q: Who requested you to examine Daisy Ann boo?

A: Police investigator SPO2 ________ ma’am.

Q: What was the request about?

A: The request was about the examination of the victim whether the victim was sexually assaulted (or
rape).

Q: Where did you examine Dashy boo?

A: At our office at PNP Crime Laboratory.

Q: And what was the result of your examination?

A: The findings were POSITIVE.

Q: Do you have with you your findings?

A: Yes, ma’am.
PROSECUTION: May I request Your Honor, please, that the Medico Legal Report No.
__________, be marked as our Exhibit _____. Or

: Your Honor we manifest that the Medico Legal Report No. ___ has been previously
marked as Exhibit ____.

COURT: Mark it so. (or gorabels)

Q: Please for the record, madam witness kindly read your findings?

A: Under the heading genital: The pubic hair is copious. Labia majora is full, convex and
coaptated with the light brown labia minora presenting in between. On separating the same
disclosed an elastic and fleshy type hymen with shallow deep-partially healed lacerations at 3 and
8 o’clock positions. The mucosal surface of the labia minora is inflamed. And the external
vaginal orifice offers strong resistance to the introduction of the examining index finger. And
the conclusion: subject is in NON-VIRGIN STATE PHYSICALLY.

Q: There is a signature above your typewritten name Ardeen Roy Diamante, M.D., whose signature
is this?

A: This is my signature.

PROSECUTION: May I request Your Honor, please that the signature of the medico legal doctor
be bracketed and marked as our Exhibit ____-1.

COURT: Bracket it and mark it accordingly.

PROSECUTION: And the findings be marked as our Exhibit ___-2.

COURT: Mark it so.

Q: In layman’s language doctor does it mean that based on your findings DAISY ANN CATUBAG
has been abused?

(POSSIBLE OBJECTION: LEADING)

COURT: Rephrase your statement counsel?

Q: Can you interpret your findings in layman’s term Mr. witness?

A: Based on the hymenal lacerations and the swelling of the labia minora, these indicate that the victim
had a rough sexual activity or that she had a Forceful Intercourse.
PROSECUTION: That is all for the witness, Your Honor.

Prosecution: Witness, what is your educational background?

Witness: I finished Doctor of Medicine.

Prosecution: From what school?

Witness: University of Santo Tomas School of Medicine.

Prosecution: What licensure exam have you taken, if any?

Witness: Licensure for Physicians.

Prosecution: When did you take and pass the licensure exam?

Witness: In the year 2005.

Prosecution: After that, did you have a formal training, if any?

Witness: Yes. I was a Resident Physician at University of the Philippines Philippine General
Hospital (UPPGH).

Prosecution: What further studies have you pursued after medical school, if any?

Expert Witness: I pursued a Residency in Obstetrics and Gynecology at University of the

Philippines - Philippine General Hospital (UPPGH) and passed the diplomate exam.

Prosecution: After that?

Witness: I pursued my specialization in Pathology in Princeton University. and thereafter I was

hires by PNP Crime Laboratory.

Prosecution: As what?

Witness: Medico-Legal Officer.

Prosecution: Can you tell us what do you do as a Medico Legal Officer? What are your functions?

Witness: I conduct physical examinations referred to our Division in cases of rape, murder and the
like. I also attend court hearings for my Medico Legal opinion.

Prosecution: For how many years now?

Witness: For _____ years.

Prosecution: Approximately how many times have you testified as an expert witness in arape case?
Witness: More or less 50 cases ma’am.

Prosecution: Did you conduct a physical examination on _________ involving one Daisy Ann
Catubag?

Witness: Yes.

Prosecution: After you have examined, what did you do?

Witness: I made a report.

Prosecution: I am showing to you a document with a heading “Medico-Legal Report”, what is

the relation of this document to the report you just mentioned?

Witness: That is the same document.

Prosecution: Whose signature appears above the name Ardeen Baroy Diamante?

Witness: Mine.

Prosecution: We pray your Honor that the medico-legal be marked as Exhibit B and the signature
appearing in this document as exhibit b-1.

Judge: Mark it.

Prosecution: You Honor that she be qualified as expert wtiness.

Judge: Admitted.

Prosecution: One of your findings states that the victim’s hymen showed lacerations at 3 o’clock a
nd 8 o’clock positions.

Witness: Yes.

Prosecution: Will you please tell us what do these lacerations mean?

Witness: A 3 o’clock and 8 o’clock indicates the position of the injury sustained by the victim in her

private internal organ, maam.

Prosecution: What could have caused these lacerations you found?

Witness: It could be caused by a blunt object or by violence.

Prosecution: Could it be caused by a private organ of a man forced to penetrate the vagina of the v
ictim?

Witness: Yes maam.

Prosecution: How about this entry which I quote, “Rupture with remnants of the hymen within the

vaginal opening” Tell us what does it mean. (wala ni sa ato medico-report pero important daw ni)

Witness: It simply means that if the hymen is ruptured, there is a penetration of the vagina.

Prosecution: The alleged crime was committed on __________ and you examined her on _______
____, could you tell us if the injuries you found on the private organ of the victim are compatible to
the date of infliction?

Witness: There is a fresh injury. It could only be recent; it could be less than 3 days. I examined her
a day after. Yes maam, the injuries are compatible with the date of infliction.

Prosecution: Still in your medical certificate, it shows that you conducted another procedure which
is the vaginal swab, could you tell the court of your findings?

Witness: A vaginal swab of the victim, Miss Reyes, yielded a positive result for SPERMATOZOA.

Prosecution: No further questions, your Honor.

Judge: Any cross-examination from the defense?

Defense: Yes your honor.

Judge: Proceed.

CROSS EXAMINATION

Possible Cross in Re: swab test

How: say your lab is equipped with facilities for the said test