Prosecutor Andrade: Same Appearance for the People

Atty. Didulo: Same appearance as Private Prosecution

Atty. Lagunzad: Good Morning your Honor! Same appearance for the

Defense. We resepectfully call to the witness stand

our last witness in the person of Dra. Ana Abadines.

Court: Call the witness, Dra. Abadines

Interpreter: Dra. Abadines

Atty. Lagunzad: Your Honor please. I was not able to prepare a

Judicial for this Witness Your Honor on the ground

that she is a government witness. She is no longer

connected at EVRMC Hospital. May I be allowed to

present her on Direct Your Honor?

Court: What’s the purpose?

Atty. Lagunzad: For the purpose of identifying Your Honor the

Medico Legal Reports which she issued, and testify

thereon Your Honor, as well as to identify and

confirm her findings, Your Honor.

Court: Ok, the court will allow it since this has been

prolonged already for quite a long time.

Atty. Lagunzad: Yes Your Honor. May I proceed your Honor?

Court: Proceed.

Atty. Lagunzad: For the record Your Honor, I will be presenting the

witness, First, in the Joint Trial of Mitchell Caing and

Lorenza Caing, Your Honor,

Court: Noted.

Atty. Lagunzad: The testimony of the witness, Your Honor, is

formally offered in evidence for the purpose of

proving that she is an expert witness, she being a duly

licensed Medical Doctor, that on February 12, 2013,

I mean, that on February 14, 2013, she issued a

Medico Legal Report Certificate No. 03 to the

accused Lorenza C. Caing; She will identify the said

Medico Legal Report; Testify on her findings and

such other matters which may be relevant to this case,

Your Honor.

Court: Any comment Atty. Didulo

Atty. Didulo: Subject to Cross Examination, Your Honor

Court: Ok proceed.

Atty. Lagunzad: Prior to that Your Honor, may I be allowed Your

Honor, that aside from the Medico Legal report of

Lorenza Caing, she will also be testifying on the

Medico Legal Report of Ma. Fe Irene Caing, both of

which are already attached to the records of the case.

If it please the Honorable Court, May I proceed Your

Honor?

Court: Proceed.

Atty. Lagunzad: Before Proceeding Your Honor, will the Private

Prosecution stipulate that the witness is an expert

 witness?

Atty. Didulo: Yes Your Honor, we admit the expertise of the

witness.

Court: Noted.

Atty. Lagunzad: Good Morning Dra. Abadines

Witness: Good Morning.

Atty. Lagunzad: Where are you presently connected?

Witness: Maasin Provincial Hospital.

Atty. Lagunzad: Pardon me?

Witness: Maasin Provincial Hospital

Atty. Lagunzad: In what capacity are you connected thereat?

Witness: Medical Officer IV

Atty. Lagunzad: Medical Officer IV. Now, on February 14, 2013,

where were you then connected?

Witness: Eastern Visayas Regional Medical Center. EVRMC.

Atty. Lagunzad: In Tacloban City?

Witness: Yes.

Atty. Lagunzad: Under what capacity Madam Witness?

Witness: Surgical Resident.

Atty. Lagunzad: Pardon me?

Witness: Surgical Resident.

Atty. Lagunzad: At that time, February 2013, what was your

profession?

Witness: Surgical Resident.

Atty. Lagunzad: Meaning you are a Doctor?

Witness: Yes.

Atty. Lagunzad: Now, do you remember on February 14, 2013, having

prepared a medical report in connection with a patient

named Lorenza Caing?

Witness: Yes Sir.

Atty. Lagunzad: Now I’m showing to you this Medico Legal Report

which is marked as Exhibit “4” found on the records.

Could you tell the Honorable Court if that is the

Medico Legal Report you prepared.

Interpreter: Witness is shown of the record.

Witness: Yes Sir.

Atty. Lagunzad: Above the type written name Anna M. Abadines,

MD, there appears a signature. Could you tell this

Honorable Court who’s signature is this?

Witness: Yes Sir. That’s my signature your Honor.

Atty. Lagunzad: Why do you say that it is your signature?

Court: I think that is understood counsel……

Atty. Lagunzad: Yes Your Honor. Now Madam Witness I noticed that

the signature appearing here is a photocopy only.

Would you care to affix your signature here beside

here just to confirm to the court.

Interpreter: Witness is affixing her signature on the record.

Atty. Lagunzad: Now, I would like to ask you Madam Witness about
 the findings you made in this Medico Legal Report.

Under surgery notes there is an entry here, Abrasion

on the (L) knee. What does this mean?

Witness: Abrasion on the left knee.

Atty. Lagunzad: Abrasion on the Left Knee. Now when you say

abrasion, what kind of an injury is that, Madam

Witness?

Witness: It is a scratch or a break in the skin.

Atty. Lagunzad: Breaking of the skin. What could be the possible

causes for that?

Witness: Injury, such as friction to the skin, or if the skin was

scratched.

Atty. Lagunzad: Ok. Now, was this injury farely recent or was

sustained a long time ago?

Witness: When I saw the ….. approximately few hours after

the injury.

Atty. Lagunzad: Now under your conclusions you mentioned that the

said injury would require medical attention or will

incapacitate the victim for a period between five to

seven days. Do you confirm that?

Witness: Yes Sir.

Atty. Lagunzad: Do this injuries usually take that period?

Witness: Minimum period of five days to heal the skin.

Atty. Lagunzad: Now, I would like to ask you also, Madam Witness, if
 you remembered having executed another Medico

Legal Report to a certain Ma. Fe Irene Caing, also on

February 14, 2013.

Witness: Yes Sir.

Atty. Lagunzad: Now I’m showing to you the Medico Legal Report

Certificate No. 04 which is marked as Exhibit “5” in

records. Is that the Medico Legal Report you are

referring to?

Interpreter: Witness is being shown of the records.

Witness: Yes Sir.

Atty. Lagunzad: Will the Prosecution stipulate that Exhibit “5” is a

true and faithful reproduction of the original which I

have now in my possession?

Atty. Didulo: The photocopy attached to the records is a faithful

reproduction of the original.

Atty. Lagunzad: Now good doctor, I would like to ask you about the

findings also which you made in this Medico Legal

Report. Under findings and surgery notes you

mentioned of an Abrasion in the (L) hand. What does

this mean?

Witness: Abrasion on the left hand.

Atty. Lagunzad: And you say Abrasion, what type of injury is it?

Witness: Like the other one, break in the skin surface.

Atty. Lagunzad: Where was it located approximately?

Witness: Left Hand

Interpreter: Witness pointed to her left hand; to the skin of her left

hand..

Atty. Lagunzad: Now under EENT notes, you mentioned Linear

Abrasion Zygomatic Area (R). What type of injury is

this?

Witness: The EENT Notes are not my notes, Sir . It was made

by the EENT Resident.

Atty. Lagunzad: You are referring to Melanie Tecson?

Witness: Yes Sir. So I cannot answer on the EENT Notes.

Atty. Lagunzad: But in your capacity as Medical Doctor, where is this

Zygomatic Area?

Interpreter: Witness pointed to her left temple.

Atty. Lagunzad: Now another is this Intfa Orbital Hematoma under

EENT Notes also. Now I understand you are not the

EENT on duty when this Medico Legal Report was

issued. But could you please point to the court where

is this Infra Orbital Hematoma?

Witness: Below the eyes.

Atty. Lagunzad: Below the eye.

Interpreter: Witness pointed to the portion below her left eye.

Atty. Lagunzad: Now, when you examined this patient, Ma. Fe Irene

Caing, were this injuries already present?

Witness: Yes Sir.

Atty. Lagunzad: Including the injuries under EENT Notes?

Witness: Yes Sir.

Now under your conclusions you mentioned that this

type of injuries sustained by Ma. Fe Irene Caing

would take, or would require medical attendance or

will incapacitate the victim for a period of seven days

but no more than fourteen days. Do you confirm that?

Witness: Yes Sir.

Atty. Lagunzad: Why is it such a longer period of time?

Witness: Because of the hematoma. The EENT should explain

if there’s any possible fractures in the Infra Orbital

Area because of the presence of hematoma.

Atty. Lagunzad: Because of the hematoma?

Witness: Yes Sir.

Atty. Lagunzad: Now based on your findings which is the Abrasion in

the (L) hand, how many number of days will it take

to heal?

Witness: More or less five days.

Atty. Lagunzad: Five days also.

Witness: Yes Sir.

Atty. Lagunzad: I am through with my Direct Your Honor. I will be

tendering the witness for Cross Examination.

Court: Cross.

Atty. Didulo: (inaudible)… Doctor Abadines when you were asked

 earlier, I am correct that the Medico Legal Report you

made on patient Lorenza Caing was dated, February

14, 2013? When was this particular Medico Legal

report was made?

Witness: The Medico Legal Report was made at the Medical

Records Office. But we have a separate sheet at the

Emergency Room and upon arrival of the patient we

fill up the ER Form; and then we forward the form to

the Medical Records and then the Medical Records

issues that Certificate.

Atty. Didulo: Doctor, you will agree with me that the injuries you

observed on the patients; you will not know for sure

the circumstances upon which this injuries were

inflicted?

Witness: Yes Sir.

Atty. Didulo: Would this be possible that this injuries may be

caused by an accident that happened to the patient?

Witness: Yes Sir.

Atty. Didulo: Would this be the same observation in so far as the

patient Ma. Fe Caing?

Witness: Yes Sir.

Atty. Didulo: That would be all Your Honor.

Atty. Lagunzad: No Re-direct Your Honor.

Court: Okay
Atty. Lagunzad: For the record your Honor I will be adapting the

testimony of the witness in the other case of Ma. Fe

Irene Caing, Your Honor, for Slight Physical Injuries.

Court: Noted. Dra. Abadines….

Atty. Lagunzad: Thank you for coming. May the Prosecution stipulate

as to the existence of Police Blotter Entry No. 228

and 226; which are attached to the records in

Criminal case No. 2013-05-CR-55, so that I will no

longer present the blotter custodian.

Atty. Didulo: We admit the existence of said documents.

In that case You Honor, the Defense will no longer be

presenting additional witnesses, but considering

however the absence of the court stenographer, may I

be allowed to submit a written formal offer of

evidence, Your Honor?

Court: Okay.

Atty. Lagunzad: Within ten days from today.

Atty. Didulo: We pray, Your Honor, for the same number of days

within which to file our comments to the formal offer,

Your Honor.

Court: Date of Promulgation?

ORDER

The Defense presented Dr. Anna Abadines, as

a witness in both cases under Criminal Cases Nos.

 2013-07-CR-53 and CR-55, but adopted her

testimony, in relation to Criminal Case No. CR. 54.

After her testimony, defense requested for a

period of ten (10) days from receipt of this Order

within which to submit their written formal offer, and

such request is granted. They are directed to provide

copies thereof to the Prosecution and the Private

Prosecutor, who are given the same period of time

from receipt thereof to act thereon, thereafter, these

cases shall be deemed submitted for Decision.

Call these cases for promulgation of the

decisions on 28 January 2018, at 8:30 in the morning.

Counsels, all accused and complainant are all

informed of this setting in open court.

SO ORDERED>

Tacloban, City, Philippines, 27 November

2017.

(SGD.) MANASSEH S. BASTES

Presiding Judge

CERTIFICATION

I HEREBY CERTIFY that the foregoing transcript consisting of 11 pages

are true and correct.

NOEL M. LEE
Branch Clerk of Court