Professional Documents
Culture Documents
If these doctors knew from the start that they were not in the position to Facts:
attend to Roy Jr., a vehicular accident victim, with the degree of diligence Respondents’ 11-year old daughter, Angelica Soliman, underwent a
and commitment expected of every doctor in a case like this, they should biopsy of the mass located in her lower extremity at the St. Luke’s Medical
have not made a baseless assurance that everything was all right. By doing Center (SLMC) on July 7, 1993 and results showed that Angelica was
so, they deprived Roy Jr. of adequate medical attention that placed him in a suffering from osteosarcoma, osteoblastic type, (highly malignant) cancer of
more dangerous situation than he was already in. What petitioners should the bone because of that a necessity of amputation was conducted by Dr,
have done, and could have done, was to refer Roy Jr. to another doctor Tamayo on Angelica’s right leg in order to remove the tumor and to prevent
who could competently and thoroughly examine his injuries. the metastasis that chemotherapy was suggested by Dr. Tamayo, which he
referred to petitioner Dr. Rubi Li, a medical oncologist. The respondent was
However, Dr. Jarcia and Dr. Bastan cannot pass on the liability to the taxi admitted to SLMC on August 18, 1993; however, she died eleven (11) days
driver who hit the victim. If this would be so, doctors would have a ready after the (intravenous) administration of chemotherapy first cycle.
defense should they fail to do their job in attending to victims of hit-and-run, Respondents brought their daughter’s body to the Philippine National Police
These findings leads us to the conclusion that the decision to proceed with The negligence must be the proximate cause of the injury. For, negligence no
the D&C operation notwithstanding Teresita’s hyperglycemia and without matter in what it consists, cannot create a right of action unless it is the
adequately preparing her for the procedure, was contrary to the standards proximate cause of the injury complained of. And the proximate cause of an
observed by the medical profession. Deviation from this standard amounted injury is that cause, which, in natural and continuous sequence and unbroken
to a breach of duty which resulted in the patient’s death. Due to this negligent by any efficient intervening cause, produces the injury, and without which
conduct, liability must attach to the petitioner spouses. the result would not have occurred.
Held: 2. The doctrine of res ipsa liquitor means that where the thing which causes
1. No. Negligence is defined as the failure to observe for the protection of injury is shown to be under the management of the defendant, and the
the interests of another person that degree of care, precaution, and vigilance accident is such as in ordinary course of things does not happen if those who
have management use proper care, it affords reasonable evidence, in the
LEGAL MEDICINE 3C 2016-2017 Page 6
absence of an explanation by defendant that the accident arose from want of 6. ROMMEL ATIENZA V. BOARD OF MEDICINE AND
care. EDITHA SIOSON
Facts:
Nevertheless, despite the fact that the scope of res ipsa liquitor has been Due to her lumbar pains, private respondent Editha Sioson went to Rizal
measurably enlarged, it does not automatically apply to all cases of medical Medical Center (RMC) for check-up on February 4, 1995. Sometime in 1999,
negligence as to mechanically shift the burden of proof to the defendant to due to the same problem, she was referred to Dr. Pedro Lantin III of RMC
show that he is not guilty of the ascribed negligence. Res ipsa liquitor is not a who, accordingly, ordered several diagnostic laboratory tests. The tests
rigid or ordinary doctrine to be perfunctorily used but a rule to be cautiously revealed that her right kidney is normal. It was ascertained, however, that her
applied, depending upon the circumstances of each case. It is generally left kidney is non-functioning and non-visualizing. Thus, she underwent
restricted to situations in malpractice cases where a layman is able to say, as kidney operation in September, 1999.
a matter of common knowledge and observation, that the consequences of
professional care were not as such as would ordinarily have followed if due On February 18, 2000, private respondents husband, Romeo Sioson (as
care had been exercised. A distinction must be made between the failure to complainant), filed a complaint for gross negligence and/or incompetence
secure results, and the occurrence of something more unusual and not before the [BOM] against the doctors who allegedly participated in the
ordinarily found if the service or treatment rendered followed the usual fateful kidney operation, namely: Dr. Judd dela Vega, Dr. Pedro Lantin, III,
procedure of those skilled in that particular practice. It must be conceded that Dr. Gerardo Antonio Florendo and petitioner Rico Rommel Atienza.
the doctrine of res ipsa liquitor can have no application in a suit against a
physician or surgeon which involves the merits of a diagnosis or of a It was alleged in the complaint that the gross negligence and/or incompetence
scientific treatment. The physician or surgeon is not required at his peril to committed by the said doctors, including petitioner, consists of the removal
explain why any particular diagnosis was not correct, or why any particular of private respondents fully functional right kidney, instead of the left non-
scientific treatment did not produce the desired results. functioning and non-visualizing kidney.
Editha Sioson Attached to the formal offer of documentary evidence are her
Thus, res ipsa liquitor is not available in a malpractice suit if the only Exhibits A to D, which she offered for the purpose of proving that her
showing is that the desired result of an operation or treatment was not kidneys were both in their proper anatomical locations at the time she was
accomplished. The real question, therefore, is whether or not in the process operated.
of the operation any extraordinary incident or unusual event outside the
routine performance occurred which is beyond the regular scope of The following are the pieces of evidence presented by Sioson:
customary professional activity in such operations, which if unexplained EXHIBIT A the certified photocopy of the X-ray Request form dated
would themselves reasonably speak to the average man as the negligent case December 12, 1996 (handwritten entries which are the interpretation of the
or causes of the untoward consequence. If there was such extraneous results of the ultrasound examination)
intervention, the doctrine of res ipsa liquitor may be utilized and the EXHIBIT B the certified photo copy of the X-ray request form dated January
dependent is called upon to explain the matter, by evidence of exculpation, if 30, 1997 (handwritten entries which are the interpretation of the results of the
he could. examination)
EXHIBIT C the certified photocopy of the X-ray request form dated March
16, 1996 (EXHIBIT C the certified photocopy of the X-ray request form
dated March 16, 1996)
EXHIBIT D the certified photocopy of the X-ray request form dated May 20,
1999 (handwritten entries which are the interpretation of the results of the
examination)
Petitioner appealed to the CA. CA dismissed the appeal. Admissibility of evidence refers to the question of whether or not the
circumstance (or evidence) is to be considered at all. On the other hand, the
ISSUES: probative value of evidence refers to the question of whether or not it
1. WON Petition for certiorari to the CA a proper remedy proves an issue.
2. WON CA committed grave abuse of discretion when it upheld the
admission of incompetent and inadmissible evidence by respondent Second, petitioners insistence that the admission of Edithas exhibits violated
board his substantive rights leading to the loss of his medical license is misplaced.
HELD: As pointed out by the appellate court, the admission of the exhibits did not
I. YES. Petitioner is correct when he asserts that a petition for certiorari is the prejudice the substantive rights of petitioner because, at any rate, the fact
proper remedy to assail the Orders of the BOM, admitting in evidence the sought to be proved thereby, that the two kidneys of Editha were in their
exhibits of Editha. As the assailed Orders were interlocutory, these cannot be proper anatomical locations at the time she was operated on, is presumed
the subject of an appeal separate from the judgment that completely or finally under Section 3, Rule 131 of the Rules of Court:
disposes of the case. At that stage, where there is no appeal, or any plain, Sec. 3. Disputable presumptions. The following presumptions are
speedy, and adequate remedy in the ordinary course of law, the only and satisfactory if uncontradicted, but may be contradicted and overcome
remaining remedy left to petitioner is a petition for certiorari under Rule 65 by other evidence:
of the Rules of Court on the ground of grave abuse of discretion amounting xxxx
to lack or excess of jurisdiction. (y) That things have happened according to the ordinary course of
nature and the ordinary habits of life.
However, the writ of certiorari will not issue absent a showing that the BOM
has acted without or in excess of jurisdiction or with grave abuse of To lay the predicate for her case, Editha offered the exhibits in evidence to
discretion. prove that her kidneys were both in their proper anatomical locations at the
time of her operation.
2. NO. To begin with, it is well-settled that the rules of evidence are not
strictly applied in proceedings before administrative bodies such as the The fact sought to be established by the admission of Edithas exhibits, that
BOM. Although trial courts are enjoined to observe strict enforcement of the her kidneys were both in their proper anatomical locations at the time of her
rules of evidence, in connection with evidence which may appear to be of operation, need not be proved as it is covered by mandatory judicial notice.
doubtful relevancy, incompetency, or admissibility, we have held that:
[I]t is the safest policy to be liberal, not rejecting them on doubtful or Unquestionably, the rules of evidence are merely the means for ascertaining
technical grounds, but admitting them unless plainly irrelevant, the truth respecting a matter of fact. Thus, they likewise provide for some
immaterial or incompetent, for the reason that their rejection places facts which are established and need not be proved, such as those covered by
them beyond the consideration of the court, if they are thereafter judicial notice, both mandatory and discretionary. Laws of nature involving
LEGAL MEDICINE 3C 2016-2017 Page 8
the physical sciences, specifically biology, include the structural make-up In fact, the introduction of secondary evidence, such as copies of the exhibits,
and composition of living things such as human beings. In this case, we may is allowed. Witness Dr. Nancy Aquino testified that the Records Office of
take judicial notice that Edithas kidneys before, and at the time of, her RMC no longer had the originals of the exhibits because [it] transferred from
operation, as with most human beings, were in their proper anatomical the previous building, x x x to the new building. Ultimately, since the
locations. originals cannot be produced, the BOM properly admitted Edithas formal
offer of evidence and, thereafter, the BOM shall determine the probative
Third, contrary to the assertion of petitioner, the best evidence rule is value thereof when it decides the case.
inapplicable. Section 3 of Rule 130 provides:
1. Best Evidence Rule
Sec. 3. Original document must be produced; exceptions. When the 7. CERENO v. CA
subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself, except in the FACTS:
following cases:
At about 9:15 in the evening of 16 September 1995, Raymond S.
(a) When the original has been lost or destroyed, or cannot be
produced in court, without bad faith on the part of the offeror; (b) Olavere (Raymond), a victim of a stabbing incident, was rushed to the
When the original is in the custody or under the control of the party emergency room of the Bicol Regional Medical Center (BRMC).
against whom the evidence is offered, and the latter fails to produce There, Raymond was attended to by Nurse Balares and Dr. Realuyo
it after reasonable notice; the emergency room resident physician.
(c) When the original consists of numerous accounts or other
documents which cannot be examined in court without great loss of Subsequently, the parents of Raymond the spouses Deogenes Olavere
time and the fact sought to be established from them is only the (Deogenes) and Fe R. Serrano arrived at the BRMC. They were
general result of the whole; and accompanied by one Andrew Olavere, the uncle of Raymond. After
(d) When the original is a public record in the custody of a public extending initial medical treatment to Raymond, Dr. Realuyo
officer or is recorded in a public office. recommended that the patient undergo "emergency exploratory
laparotomy." Dr. Realuyo then requested the parents of Raymond to
The subject of inquiry in this case is whether respondent doctors before the
BOM are liable for gross negligence in removing the right functioning procure 500 cc of type "O" blood needed for the operation. Complying
kidney of Editha instead of the left non-functioning kidney, not the proper with the request, Deogenes and Andrew Olavere went to the Philippine
anatomical locations of Edithas kidneys. As previously discussed, the proper National Red Cross to secure the required blood.
anatomical locations of Edithas kidneys at the time of her operation at the
RMC may be established not only through the exhibits offered in evidence. At 10:30 P.M., Raymond was wheeled inside the operating room.
During that time, the hospital surgeons, Drs. Zafe and Cereno, were
Finally, these exhibits do not constitute hearsay evidence of the anatomical busy operating on gunshot victim Charles Maluluy-on. Assisting them
locations of Edithas kidneys. To further drive home the point, the anatomical in the said operation was Dr. Rosalina Tatad (Dr. Tatad), who was the
positions, whether left or right, of Edithas kidneys, and the removal of one or only senior anesthesiologist on duty at BRMC that night. Dr. Tatad
both, may still be established through a belated ultrasound or x-ray of her also happened to be the head of Anesthesiology Department of the
abdominal area.
BRMC. Just before the operation on Maluluy-on was finished, another
emergency case involving Lilia Aguila, a woman who was giving birth
to triplets, was brought to the operating room. At 10:59 P.M., the
Claiming that there was negligence on the part of those who attended A verdict in malpractice action cannot be based on speculation or
to their son, the parents of Raymond, on 25 October 1995, filed before conjecture. Causation must be proven within a reasonable medical
the RTC, Branch 22, Naga City a complaint for damages7 against probability based upon competent expert testimony. The parents of
Nurse Balares, Dr. Realuyo and attending surgeons Dr. Cereno and Dr. Raymond failed in this respect. Aside from their failure to prove
Zafe. the case against dr realuyo and balares was dismissed. Dr. cereno negligence on the part of the petitioners, they also failed to prove that
and dr zafe found guilty and ordered to pay for damages. it was petitioners’ fault that caused the injury. Their cause stands on
At 3:00 in the afternoon, Edmer once again vomited blood. At 12:00 midnight, Edmer, accompanied by his parents and by
Upon seeing Dr. Miranda, the respondent showed her Edmer's blood Dr. Casumpang, was transferred to Makati Medical Center. Dr.
specimen, and reported that Edmer had complained of severe stomach Casumpang immediately gave the attending physician the patient's
pain and difficulty in moving his right leg. Dr. Miranda then examined clinical history and laboratory exam results. Upon examination, the
Edmer's "sputum with blood" and noted that he was bleeding. attending physician diagnosed "Dengue Fever Stage IV" that was
Suspecting that he could be afflicted with dengue, she inserted a already in its irreversible stage.
plastic tube in his nose, drained the liquid from his stomach with ice
cold normal saline solution, and gave an instruction not to pull out the Edmer died at 4:00 in the morning of April 24, 1988. His Death
tube, or give the patient any oral medication. Certificate indicated the cause of death as "Hypovolemic
Shock/hemorrhagic shock;" "Dengue Hemorrhagic Fever Stage IV."
Dr. Miranda thereafter conducted a tourniquet test, which Believing that Edmer's death was caused by the negligent and
turned out to be negative. She likewise ordered the monitoring of the erroneous diagnosis of his doctors, the respondent instituted an action
patient's blood pressure and some blood tests. Edmer's blood pressure for damages against SJDH, and its attending physicians: Dr.
was later found to be normal. At 4:40 in the afternoon, Dr. Miranda Casumpang and Dr. Miranda (collectively referred to as the
called up Dr. Casumpang at his clinic and told him about Edmer's "petitioners") before the RTC.
condition. Upon being informed, Dr. Casumpang ordered several
procedures done including: hematocrit, hemoglobin, blood typing, The RTC ruled in favor of the respondent, and awarded actual and
blood transfusion and tourniquet tests. moral damages. The CA affirmed the RTC ruling in toto. The rulings
of both courts gave credence to the expert testimony of Dr. Jaudian.
The blood test results came at about 6:00 in the evening. Dr.
Miranda advised Edmer's parents that the blood test results showed ISSUE:
The Court also find it strange why Dr. Casumpang did not even Dr. Casumpang failed to measure up to these standards. The
bother to check Edmer's throat despite knowing that as early as 9:00 in evidence strongly suggests that he ordered a transfusion of platelet
the morning of April 23, 1988, Edmer had blood streaks in his sputum. concentrate instead of blood transfusion. The tourniquet test was only
Neither did Dr. Casumpang order confirmatory tests to confirm the conducted after Edmer's second episode of bleeding, and the medical
source of bleeding. The Physician's Progress Notes stated: "Blood management (as reflected in the records) did not include antibiotic
streaks on phlegm can be due to bronchial irritation or congestion" therapy and complete physical examination.
which clearly showed that Dr. Casumpang merely assumed, without
confirmatory physical examination, that bronchopneumonia caused the Dr. Miranda is Not Liable for Negligence
bleeding. Dr. Jaudian likewise opined that Dr. Casumpang's medical In considering the case of Dr. Miranda, the junior resident
examination was not comprehensive enough to reasonably lead to a physician who was on-duty at the time of Edmer's confinement, we see
correct diagnosis.60 Dr. Casumpang only used a stethoscope in the need to draw distinctions between the responsibilities and
coming up with the diagnosis that Edmer was suffering from corresponding liability of Dr. Casumpang, as the attending physician,
bronchopneumonia; he never confirmed this finding with the use of a and that of Dr. Miranda.
bronchoscope. Furthermore, Dr. Casumpang based his diagnosis
largely on the chest x-ray result that is generally inconclusive. The resident applicants are generally doctors of medicine
licensed to practice in the Philippines and who would like to pursue a
Significantly, it was only at around 5:00 in the afternoon of particular specialty. They are usually the front line doctors responsible
April 23, 1988 (after Edmer's third episode of bleeding) that Dr. for the first contact with the patient. During the scope of the residency
Casumpang ordered the conduct of hematocrit, hemoglobin, blood program, resident physicians (or "residents") function under the
typing, blood transfusion and tourniquet tests. These tests came too supervision of attending physicians or of the hospital's teaching staff.
late, as proven by: (1) the blood test results that came at about 6:00 in Under this arrangement, residents operate merely as subordinates who
the evening, confirming that Edmer's illness had developed to "Dengue usually defer to the attending physician on the decision to be made and
Hemorrhagic Fever" and (2) Dr. Jaudian's testimony that "dengue on the action to be taken.
fever could have been detected earlier than 7:30 in the evening of The attending physician, on the other hand, is primarily
April 23, 1988 because the symptoms were already evident. responsible for managing the resident's exercise of duties. While
attending and resident physicians share the collective responsibility to
Dr. Casumpang’s negligence in the Treatment and Management of deliver safe and appropriate care to the patients, it is the attending
Dengue physician who assumes the principal responsibility of patient care.
4. Yes. The causation between the negligence and the injury was Based on the records, no evidence exists showing that SJDH
proven. exercised any degree of control over the means, methods of procedure
and manner by which the petitioning doctors conducted and performed
Dr. Casumpang failed to timely diagnose Edmer with dengue their medical profession. SJDH did not control their diagnosis and
fever despite the presence of its characteristic symptoms; and as a treatment. Likewise, no evidence was presented to show that SJDH
consequence of the delayed diagnosis, he also failed to promptly monitored, supervised, or directed the petitioning doctors in the
manage Edmer's illness. Had he immediately conducted confirmatory treatment and management of Edmer's case. In these lights, the
tests, (i.e., tourniquet tests and series of blood tests) and promptly petitioning doctors were not employees of SJDH, but were mere
administered the proper care and management needed for dengue independent contractors.
fever, the risk of complications or even death, could have been
substantially reduced. SJDH is Solidarity Liable Based on The Principle of Agency or
Doctrine of Apparent Authority
Furthermore, medical literature on dengue shows that early Despite the absence of employer-employee relationship
diagnosis and management of dengue is critical in reducing the risk of between SJDH and the petitioning doctors, SJDH is not free from
complications and avoiding further spread of the virus. That Edmer liability. As a rule, hospitals are not liable for the negligence of its
later died of "Hypovolemic Shock/hemorrhagic shock," "Dengue independent contractors. However, it may be found liable if the
Hemorrhagic Fever Stage IV," a severe and fatal form of dengue fever, physician or independent contractor acts as an ostensible agent of the
established the causal link between Dr. Casumpang's negligence and hospital. This exception is also known as the "doctrine of apparent
the injury. authority." In sum, a hospital can be held vicariously liable for the
negligent acts of a physician (or an independent contractor) providing
5. Yes. SJDH is solidarily liable with Dr. Casumpang. The Court care at the hospital if the plaintiff can prove these two factors: first, the
affirms the hospital's liability not on the basis of Article 2180 of the hospital's manifestations; and second, the patient's reliance.
Civil Code, but on the basis of the doctrine of apparent authority or
agency by estoppel. Hospital’s Manifestations
9. THE PEOPLE OF THE PHILIPPINES vs. FILOMENO Issue: WON treachery is present in the commission of the crime.
CAMANO
Held:
FACTS: YES. Filomeno Camano attacked Godofredo Pascua from behind, a method
The two victims Godofredo Pascua and Mariano Buenaflor, together with the which has ensured the accomplishment of the criminal act without any risk to
accused are neighbors, residing at the same street. Three years prior to the the perpetrator arising from the defense that his victim may put up.
incident, the victims had a misunderstading with the accused while fishing in
the Sagnay river. The accused requested Pascua to tow his fishing boat with The autopsy report, showed that the point of entry of the stab wound inflicted
the motor boat owned by Buenaflor but the request was refused by both upon Pascua was three (3) inches long and three (3) inches below the left
which greatly offended and embittered the accused. Attempts were made by armpit, a little bit posteriorly or toward the hinder end of the body; and the
the neighbors for the reconciliation of the three but to no avail. point of exit was the right chest, one (1) inch Iateral to the right nipple with a
one (1) inch opening. If the deceased was stabbed while he was facing his
On February 17, 1970 in Nato, Sagnay, Camarines Sur, between the hours of assailant, as claimed by counsel for the accused, the entrance wound would
4 and 5 pm, the accused after drinking liquor stabbed twice the vicitim have been in the front part of the body, and its exit wound, if any, would be
Godofredo Pascua with a bolo while the latter was walking alone along the at the back. The trial court, therefore, did not commit an error in finding that
barrio street almost infornt of the store of one Socorro Buates. The victim the deceased Godofredo Pascua was assaulted from behind.
sustained two mortal wounds for which he died instantaneously.
With respect to Mariano Buenaflor, the evidence shows that he was attacked
After hacking and stabbing Godofredo Pascua, the accused proceeded to the while in a kneeling position, with his arms on top of the gate of the fence
seashore of the barrio, and on finding Mariano Buenaflor leaning at the gate surrounding his hut and his head was "stooping down." He was hacked on
of the fence of his house, hacked the latter with the same bolo, first on the the head, causing him to fall to the ground, and then successively hacked and
head and continued hacking him until he lay on the ground, face up, the stabbed without respite, as he lay on the ground, until he died. The attack was
accused then gave him a final trust of the bolo at the left side of the chest also sudden, unexpected, and lethal, such as to disable and incapacitate the
above the nipple running and penetrating the right side a little posteriorly and victim from putting up any defense.
superiorly with an exit at the back. Mariano Buenaflor sustained eight
wounds. The bloody incident was not preceded or precipitated by any
altercation between the victims and the accused. 10. PEOPLE OF THE PHILIPPINES vs. BERNARDINO
DOMANTAY
After killing the two victims, he returned to his house, where he subsequently
surrendered to Policemen Adolfo Avila, Juan Chavez, Erasmo Valencia, FACTS:
upon demand by laid peace officers for him to surrender. When brought to
the Police headquarters of the town for investigation he revealed that the bolo On October 17, 1996, the body of six-year old Jennifer Domantay was found
he used in the killing was hidden by him under the table of his house. sprawled amidst a bamboo grove in Guilig, Malasiqui, Pangasinan.
As a defense, Camano stated that he was merely acting on self-defense upon The medical examination conducted the following day by Dr. Ma. Fe Leticia
the aggression of the two. The defense was rejected by the Court and the Macaranas, the rural health physician of Malasiqui, showed that Jennifer died
When Alejandro appealed to the NLRC, the latter reversed the decision of 2. Union Motor has not sufficiently shown that the respondent had willfully
the LA. Later the CA affirmed the decision of the NLRC. disobeyed the company rules and regulation. The petitioner also failed to
prove that the respondent abandoned his job. The bare fact that the
respondent incurred excusable and unavoidable absences does not amount to
LEGAL MEDICINE 3C 2016-2017 Page 22
an abandonment of his employment. Union Motor’s claim of gross and
habitual neglect of duty pales in comparison to the respondent’s unblemished Passing through Bo-toan on their way to Abatan, Nazatrio saw Eddie Basite.
record. The respondent did not incur any intermittent absences. Nazario and his companions gave chase and caught up with the accused.
ISSUE: The trial court merely used Dr. Bandonills testimony to determine for itself if
that Medico-Legal Certificate would satisfactorily show the results of a
1. WON the trial court erred in not taking these testimonies into complete and thorough physical examination of Sonia Pa-ay, consistent with
consideration and relying solely on the declarations of Sonia the physical examinations being conducted by the NBI and Dr. Bandonill.
2. WON the trial court erred in disregarding Dr. Bandonills expert WHEREFORE, the assailed Decision of the court a quo finding accused-
testimony, especially in view of its ruling that the Medico-Legal Certificate appellant EDDIE BASITE guilty of simple rape and sentencing him to
was inadequate to prove the alleged sexual intercourse. reclusion perpetua and to pay complaining witness Sonia Pa-ay the amount
of P50,000.00 as civil indemnity and P50,000.00 as moral damages is
AFFIRMED. Costs against accused-appellant.
RULING: SO ORDERED.
ISSUE: Whether or not Alverio is guilty for the crime charged FACTS:
At around seven o'clock in the evening of July 25, 1995, Rogelio Abunda and
HELD: his three-year old daughter Julie were shot while they were sleeping on the
YES. The Court sustained the conviction of the accused floor of their house at Barangay Bagombong, Municipality of Minalabac,
Camarines Sur. Brought to the hospital, Rogelio Abunda was dead on arrival
Citing the case of People v. Malate, the Court reiterated the principles in from hemorrhagic shock, secondary to two gunshot wounds. Julie died the
determining the guilt of the accused in rape cases, to wit: (1) an accusation of following day at the Bicol Regional Hospital due to the gunshot wound that
rape can be made with facility and while the accusation is difficult to prove, she sustained which caused a raptured spleen and lacerated lung parenchyma.
it is even more difficult for the person accused, though innocent, to disprove Cresenciano "Sonny" Enolva y Alegre was charged in Criminal Case No. 95-
the charge; (2) considering that, in the nature of things, only two persons are 6021 and Criminal Case No 95-6047, filed respectively on November 15,
usually involved in the crime of rape, the testimony of the complainant 1995 and December 12, 1995
should be scrutinized with great caution; and (3) the evidence of the
prosecution must stand or fall on its own merit, and cannot be allowed to Dr. Antonio Borja Estanislao was the Municipal Health Officer who issued
draw strength from the weakness of the evidence for the defense. the post mortem certificate for the autopsy conducted by him on the cadaver
of Rogelio Abunda on July 26, 1995. He testified that the cadaver at the time
Furthermore, in cases involving the prosecution for forcible rape, of the examination, was already in the state of rigor mortis. There were two
corroboration of the victim’s testimony is not a necessary condition to a gunshot wounds found on the body. The first, was found on the armpit, 2 cm.
conviction for rape where the victim’s testimony is credible, or clear and In diameter, with its edges inverted, (edges were directed inwards) with
convincing or sufficient to prove the elements of the offense beyond a contusion collar (there was a contusion right around the wound) and with
reasonable doubt. The exceptions to this rule are when the trial court’s gunpowder tattoing (blackened area around the wound). This was allegedly
findings of facts and conclusions are not supported by the evidence on the entry wound.
record, or when certain facts of substance and value likely to change the
outcome of the case have been overlooked by the lower court, or when the The second wound, also 2 cm. In diameter, its edges everted anterolateral
assailed decision is based on a misapprehension of facts. aspect, was found on the front left shoulder. This is allegedly the exit wound
because the edges are directed outwards. When asked on the possible
As to the issue regarding the admission of the medical certificate, the position of the victim at the time he was shot, Dr. Estanislao said that either
Court ruled that medical evidence is dispensable and merely corroborative in the victim's position was higher than the assailant or the victim was lying
proving the crime of rape. Besides, a medical certificate is not even necessary down with the assailant in equal level as the victim so that the direction of
to prove the crime of rape. The gravamen of rape is carnal knowledge of a the slug was horizontal. The cause of death was hemorrhagic shock due to
woman through force and intimidation. Moreover, Furthermore, Alverio’s assault by firearms and explosives.
defense of alibi cannot stand versus the positive identification of AAA.
LEGAL MEDICINE 3C 2016-2017 Page 25
gunpowder, however, are embedded in the pores of the skin, so ordinary
Major Lorlie Arroyo is a PNP member assigned as Forensic Chemist of the washing would not remove them. If they are examined, nitrates from that
Crime Laboratory at Region V, Camp Simeon Ola, Legaspi City. She was the embedded portion of the skin would appear very neatly as dark blue specks.
one who prepared Chemistry Report No. C-27-95 on the suspect Cresenciano She was very positive that the nitrates she found in her examination of the
Enolva. She testified that she received the paraffin cast of Cresenciano paraffin cast were gunpowder residue.
Enolva on July 28, 1995 upon request of the Chief of Police of Minalabac,
Camarines Sur. The specimen submitted to her was a pair of paraffin cast The accused Cresenciano denied that he shot Rogelio Abunda and Julie
taken from both hands of Cresenciano Enolva. The purpose of the laboratory Abunda. He claimed that he was sleeping in his house and was drank at the
examination was to determine the presence of gunpowder residue (nitrates) in time of the incident. The trial court upheld the version of the prosecution,
the specimen submitted her laboratory examination consisted of adding relying on the testimonies of the two persons who claim to be eyewitnesses
diphenylamine reagent to the dorsal portion of the paraffin cast and to the shooting, and the fact that gunpowder residue (nitrates) was found on
thereafter, dark blue specks appeared on the cast which is an indication of the the paraffin cast taken from the hands of the accused. Finding that there was
presence of nitrates or gunpowder residue. These findings were stated in her treachery in the attack as the victims were asleep when they were shot, the
report in this manner: "Qualitative examination conducted on the specimen court found the accused guilty of murder.
mentioned above gave POSITIVE result to the tests for the presence of
gunpowder residue (nitrates)". She further testified that the presence of ISSUE: WON THE COURT A QUO ERRED IN HOLDING THAT THE
gunpowder residue would still be very clear on the hands of the suspect GUNPOWDER (NITRATES) FOUND ON THE ACCUSED-APPELLANT
because the crime laboratory personnel at the Provincial Command of CONFIRM THE SUSPICION THAT IT WAS THE LATTER WHO
Camarines Sur had taken the paraffin cast a day after the incident. Then it PERPETRATED THE CRIMES CHARGED.
was turned over to Camp Ola for examination on the 28th of July, 1995.
HELD:
On cross-examination, she testified that plain washing of the hands with No. Accused-appellant's insistence that although he was found positive for
water before the paraffin cast is done will not remove the nitrates or gunpowder residue (nitrates), there was no conclusive evidence as to the
gunpowder from the hand. As a matter of fact, the technician, prior to the exact source of the same. Thus, although Major Lorlie Arroyo testified on
examination even washes the hands of the suspect with plain water cross-examination that the same "blue reaction" can "possibly" be caused by
to eliminate contaminants adhering to the hands of the suspect. She further exploding firecrackers and handling fertilizers, the same witness
explained that if someone handled fertilizer, like complete fertilizer which categorically testified that both hands of the accused-appellant were found
contains nitrates, it is possible to have a blue speck of nitrates but its positive of nitratesEsmmis
appearance would be different from the nitrates residue coming from Major Arroyo on cross-examination explained that if someone handled
gunpowder. Even if firecrackers have been exploded by the suspect, again fertilizer, like complete fertilizer which contains nitrates, or exploded
there would be a difference from the nitrates of gunpowder residue which is a firecrackers, the distinct blue speck of gunpowder residue would be different
distinct blue speck. "Q:......Is it possible also that nitrates can be found not only in
gunpowder but also in other elements?
Upon examination by the Court, Major Lorlie Arroyo said that a paraffin test A:......It can also be found, sir.
is conducted on the dorsal side of the hand because it is the portion which is Q:......Like fertilizers use by farmers?
directly exposed to the firearm. In exploding firecrackers, the most A:......Yes, sir.
contaminated is the palm side of the hand not the dorsal side. Q:......So, it is correct to say that the fertilizer like urea and this
On redirect examination by the prosecutor, Major Lorlie Arroyo also similar fertilizer used by farmers contain nitrates?
explained that contaminants from fertilizers or firecrackers can just be taken A:......Urea has no nitrates except for those what we call complete. It
off by washing the hands because they are soluble in water. Nitrates from has nitrates.
LEGAL MEDICINE 3C 2016-2017 Page 26
Q:......If a farmer has just handled fertilizer known as complete since 15. ARTEMIO YADAO v. PEOPLE OF THE PHILIPPINES
he has fertilized his farm if his hands are examined for nitrate
contents, is it possible that nitrate compound can be found on his FACTS:
hands? It was petitioner Yadao's birthday, he had a few guests over at his
A:......It is possible to have a blue speck also for nitrates but the house to help him celebrate it. At around 9:00 a.m., petitioner Yadao noticed
appearance of the nitrates is different from that nitrate residue the victim, Gundran, albeit not invited, to be milling around with the guests
coming from gunpowder. and was already drinking gin. The afternoon of the said day, while Yadao
Q:......And firecrackers contain also nitrates? was sitting on one end of a bench, the victim, who happened to be lying
A:......Yes, sir, potassium nitrate. down on the other end of the same bench, suddenly stood up. Said bench
Q:......If a person has just been recently exploding firecrackers tilted due to the weight of Yadao, thus, causing him to fall to the ground.
because there is a barangay fiesta and a paraffin test is conducted on Upon seeing him fall to the ground, the victim went over to Yadao and began
his hands, is it also possible to find nitrates on the paraffin cast on his boxing him on the stomach. Yadao's wife tried to pacify her nephew but this
hands? merely enraged the Gundran who then got a can opener and tried to stab
A:......It is also possible, sir, but it is also different since the nitrates Yadao with it. Yadao deflected said attempt and delivered a slap on the face
would be very abundant unlike that of the nitrates from gunpowder of the victim in order to "knock some sense" into him. But because he was
residue, distinct blue speck there is an "abundance of blue color" on already intoxicated, as he had been drinking since early that morning, the
the hands resulting from the firing of a gun. The crime committed is victim lost his balance, hit his head on the edge of a table and fell to the
murder qualified by treachery. When the victims were shot, they ground landing on his behind. The other guest helped the victim to stand up
were lying down completely unaware and had no way of defending and proceeded to show him to the door.
themselves. Thus, appellant employed means or methods to insure
the execution of the crime, without risk to himself. Evident The victim, Gundran, left the house of petitioner Yadao, and
premeditation as alleged in the informations was not proven. There is proceeded to the house of Carmelita Limon who was the sister of one of his
no evidence presented to show that the accused-appellant meditated friends. The victim told her that Yadao "mauled" him. While she treated the
and reflected upon his decision to kill the victims and the intervening wound, the victim complained of pain on his breast/stomach area, the area
time that elapsed before his plan was carried out. Settled in the rule where he claimed to have been hit by petitioner Yadao.
that when it is not shown as to how and when the plan to kill was
hatched or what time had elapsed before it was carried out, evident Two days later, Teofilo Gundran, the father of the victim was
premeditation cannot be considered. informed by his granddaughter that his son, the victim, was having difficulty
breathing. Teofilo Gundran saw the victim sitting on an "arinola" gasping for
Murder is punishable by reclusion perpetua to death which are two breath. He then held the victim's two hands until the latter expired.
indivisible penalties. In the absence of mitigating or aggravating
circumstances in the commission of the offense, the lower penalty shall be On the same day that he died, the body of the victim was autopsied
applied. Hence, the imposable penalty is reclusion perpetua in both cases. by Dr. Magdalena Alambra, Medical Specialist. An Autopsy Report was
made.
During the trial of the case, Dr. Alambra testified for the defense that
immediately after the death of the victim, she conducted the autopsy of the
body of said victim; that during the procedure, she made an internal, as well
as external, examination of the body of the victim; that half of the victim's
right lung was already gone; that although a hematoma was present on the
LEGAL MEDICINE 3C 2016-2017 Page 27
victim's forehead, she did not consider it as the cause of death as hematoma ISSUE: Whether or not the prosecution was able to prove the guilt of
alone will not cause the death of a person especially seven to eight days later; petitioner Yadao beyond reasonable doubt on the basis of the testimonies of
and, that when she opened the skull of the victim to study the latter's brain, the prosecution witnesses, especially Dr. Llavore's, and documentary
she did not see anything unusual. Dr. Alambra then confirmed that the cause evidence presented, i.e., the Dr. Llavore's Autopsy Report.
of death of the victim was cardio-respiratory arrest due to pulmonary
tuberculosis that was already so far advanced with massive pleural adhesions. RULING:
On cross, however, she stated that a person with only one lung left, with NO. The guilt of petitioner Yadao has not been proved beyond
proper medication, would still be able to live normally. reasonable doubt.
Disbelieving the autopsy report, Teofilo Gundran had the victim's Though it was established that petitioner Yadao slapped the victim, and
body re-autopsied, this time by the NBI. Dr. Llavore's autopsy report stated as a result of which the latter fell down and struck his head on the edge of a
that the cause of death was CEREBRAL EDEMA, SEVERE, SECONDARY table, the prosecution nonetheless failed to show the nexus between the
TO TRAUMATIC INJURIES; HEAD/ injury sustained by the victim and his death. It failed to discharge the burden
to show beyond a reasonable doubt that the death of the victim resulted from
During the trial, prosecution witness Dr. Llavore testified that the the use of violent and criminal means by Yadao.
cause of death of the victim was the collective effect of all the injuries
sustained by the latter on the head. He explained that the forces that could In convicting Petitioner Yadao, the RTC and the CA principally
have caused the injuries to the victim's head were also the same forces that relied upon the testimony of Dr. Llavore in addition to the latter's autopsy
could have caused the edema or swelling of the victim's brain. He illustrated report, both essentially stating that the injury sustained by the victim in the
further that a human fist applied with "sufficient" force on the fronto- head caused massive hematoma and/or cerebral edema. However, we find
temporo-parietalregion of the head could cause an injury the same as that said testimonial and documentary evidence utterly insufficient on which to
sustained by the victim on his forehead. On cross examination, Dr. Llavore anchor a judgment of conviction for homicide. To our mind, the conduct of
admitted that he did the re-autopsy seven (7) days after the victim died but two autopsies done on said cadaver, do not engender a moral certainty, much
that his Autopsy Report failed to indicate that the cadaver had previously less a belief, that the injury sustained was the cause of his death.
been autopsied by another physician.
This Court's doubt is brought about by Dr. Llavore's failure to
RTC rendered judgment finding petitioner Yadao guilty of the crime account the effects of the following facts: 1) that the cadaver had previously
of homicide. Aggrieved, petitioner Yadao appealed the aforequoted decision been autopsied; 2) that during the first autopsy, Dr. Alambra opened up the
to the Court of Appeals. The appellate court affirmed in toto the judgment of skull of the victim to physically examine his brain and did not see anything
conviction rendered by the RTC. out of the ordinary, neither blood clot and/or pooling nor any swelling; 3)
Yadao maintains that the existence of two autopsy reports entirely that the cadaver of the victim had already been embalmed; 4) that the re-
differing as to the cause of death of the victim is tantamount to reasonable autopsy was conducted eight 8 days after the death of the victim and 5) that
doubt respecting his legal culpability thereto. the only hematoma noted inside of the cadaver's head was that on the scalp,
just below the skin, of the frontal right side of the head – nowhere near the
The Office of the Solicitor General, for its part, asserts that it is clear brain as the area was still outside of the skull.
from the record that Dr. Alambra failed to notice the brain injury sustained
by the victim because she merely relied on "gross findings" of said organ Consequently, the post mortem report and testimony of Dr. Alambra
during her autopsy. should not be easily discounted. The same is significant in that the testimony
and the report on the autopsy, which was done immediately after the death,
establishes the nature and extent of the "injury," sustained as a result of the
LEGAL MEDICINE 3C 2016-2017 Page 28
assault, as well as the state of the brain and the surrounding area at the time From the foregoing, the inevitable conclusion is that the guilt of
of death. The significance of said evidence will lead to the precise nature of petitioner Yadao has not been proved beyond reasonable doubt. The facts of
the injury sustained by the victim. From a legal perspective, therefore, the the case, the autopsy reports, as well as the testimony of Dr. Llavore do not
examination of a wound should lead to the determination as to the degree of definitely establish that the assault was the proximate cause of the death of
danger of the wound and the danger it poses to the life or bodily function of the victim.
the victim when the wound was inflicted
.
Additionally, to delay the onset of decomposition, cadavers are 16. PEOPLE OF THE PHILIPPINES vs. EMETERIO ORZAME,
embalmed. The embalming fluid may render the tissue and blood unfit for ET AL., EMETERIO ORZAME
toxicological analyses. The embalming may alter the gross appearance of the
tissues or may result to a wide variety of artifacts that tend to destroy or
obscure evidence. Thus, the fact that such had already been embalmed, any FACTS:
examination will likely lead to findings or conclusion not at all accurate as to In the evening of February 17, 1958, Dominador Magno, a barriomate of the
the true status of the tissues of the body of the victim. accused Emeterio Orzame, was called by Arturo Gallarde, his nephew, and
son-in-law of Orzame, to the house of the latter, where together they hatched
From the above, absent further clarifications, Dr. Llavore's conclusion that up the plan of killing the deceased Juan Dulay who was then insured for
the victim's cause of death is cerebral edema is nothing but conjecture, being P3,000.00, with Orzame as the sole beneficiary, with the purpose of sharing
tenuous and flawed. the proceeds thereof among themselves. After setting all the wicked plan,
they agreed to meet again on February 23, 1958, on the occasion of the town
Indeed, the evidence of the defense might not, by itself, suffice to fiesta. On their way, Orzame picked up a bag from the nearby field and when
emphatically negate the causal relationship between the actions of petitioner asked what the content was, he deliberately lied by saying that it contained
Yadao causing injury to the victim and the cause of his death, but the same bread. After walking for some time, they hit upon a railroad track at barrio
must be considered in conjunction with the weakness of the evidence given Balingog, Guimba, Nueva Ecija, where they sat supposedly to get some rest.
by the prosecution's witness discussed above. Conviction must rest on the Thereupon, Orzame, taking advantage of the situation, pulled out a
strength of the prosecution's evidence, not merely on conjectures or Thompson sub-machine gun from the bag and with its handle he immediately
suppositions, and certainly not on the weakness of the accused's defense; began hitting Juan Dulay several times on the right ear, face and back of the
otherwise, the phrase "constitutional presumption of innocence" will be head while the said Juan Dulay was still sitting down, causing his instant
reduced to nothing but an innocuous grouping of words; worse, to a death.
conspicuous exercise in futulity.
Upon instruction of Orzame, the body of the deceased was carried to barrio
If the evidence is susceptible of two interpretations, one consistent Calibungan Victoria, Tarlac, where, although already dead, it was still
with the innocence of the accused and the other consistent with his guilt, the subjected to further beatings with the Thompson sub-machine gun causing
accused must be acquitted. The overriding consideration is not whether the the brain to scatter, and was also stabbed on the face with a knife several
court doubts the innocence of the accused but whether it entertains a times by Orzame. Then the deceased was lain across the railroad track to
reasonable doubt as to his guilt. If there exist even one iota of doubt, this simulate a train accident as the cause of death.
Court is "under a long standing legal injunction to resolve the doubt in favor
of herein accused-petitioner.” The following day, February 24, 1958, the body of the deceased Juan Dulay
was found lying near the railroad tracks and among those who saw it was
Jeremias Damo who identified the deceased as Juan Dulay.
The lower court, in doubting this defense, said that it is easy for anybody to xxxxxxxxx
pretend to be sick and that headache cannot be seen or felt except by one who 4. Plenty of clotted blood in front, neck and back of his polo shirt and
claims to have it. (2) It was proven that Orzame was the one who paid the few spotted blood in front of his trousers corresponding to the thighs.
premiums of the life insurance of Juan Dulay up to May 15, 1958. And there
is no doubt that the motive of the accused in killing Juan Dulay was to collect 5. The skull of his head at the vertex was badly battered and opened
the P3,000.00 value of the victim's insurance policy. (3) The alleged quarrel crosswise and most of the brain substance was missing and the
between Orzame and Magno was not sufficient or strong enough for Magno remaining brain substance appeared like mash potatoes with small
to impute falsely a very grave crime against Orzame. Besides, nothing amount of blood mixed with it.
happened in the alleged quarrel between them. (4) The lower court
considered the fact that the Thompson sub-machine gun, Exhibit 1, used by 6. Punctured wound of the middle of his chin in front, punctured
Emeterio Orzame in killing Juan Dulay on the night of February 23, 1958 wound just below the left nostril, punctured wound 1 cm. lateral to
7. The face was greatly deformed and swollen with clotted blood all Facts:
around, with depression of the lower forehead the bridge of his nose Michelle Priol, then only sixteen (16), left home for Manila in
and the upper jaw at the front including the skull sockets of the eyes. January 1996 to work as a domestic helper. Soon enough Michelle found
herself hired at the household of the sisters Ruth Mariano and Ruby Mariano
8. No findings of external violence at the other parts of his body. in Bambang, Pasig City. Jenny Priol, Michelle's older sister, testified that she
often visited Michelle at the Mariano.residence. Jenny said that they are
9. The cadaver was already at the state of rigor mortis so that he being constantly watched by the Mariano sisters and denied their privacy.
might have been killed 10 hours before autopsy and probably the Ruth and Ruby brought Michelle to her sister Jenny to complain to her that
assailants only dumped him in one of the rails of the railroad to their rice cooker no longer functioned and heaped the blame on Michelle. On
disguise that he had been run over by the train. that occasion Jenny noticed that Michelle's hair was unevenly cut to the
scalp. Michelle told her that it was Ruby who gave her the ugly haircut.
AUTOPSY FINDINGS: 1. Head and Neck Jenny then told Ruby that she was going to take her sister back from them
(a) The skull of his head at the vertex was badly battered and opened but the furious Ruby hurriedly left with Ruth, taking Michelle with them.
crosswise as a result of the bumper of the train striking it, part of the skull That was the last time Jenny saw her younger sister alive.
missing so that most of the brain substance appeared like mash potatoes with
small amount of blood mixed with it. On 17 August 1997 at around 6:00 o'clock in the evening, SPO2
Edgardo Hernandez of the Pasig Police Station received an anonymous call
(b) The skull of the lower portion of the forehead was fractured crosswise reporting that a woman was seen in Bambang, Pasig City, carrying a
including the skull sockets of both eyes injuring both optic nerves including rectangular box with a human leg protruding. They conducted a "stake-out
the upper jaw in front was fractured causing the removal of the first two and surveillance operation". After a couple of minutes, the police officers
incisors teeth. spotted two (2) women boarding a car with the reported plate number UPR-
561. They turned out to be accused-appellants Ruth Mariano y Lara and
xxxxxxxxx Ruby Mariano y Lara. Upon opening the compartment, SPO2 Hernandez was
greeted by a putrid odor emanating from a decomposing body inside the box.
Impression of the case is that the cause of death was due to severe traumatic Ruth and Ruby identified the body as that of their maid Michelle Priol.
shock as a result of the blows inflicted upon him causing the fracture of the
skull of the lower portion of the forehead at the middle including the skull The result of autopsy stated that the body was found to be poorly
sockets of both eyes injuring both optic nerves, fracture of the bridge of his nourished and already in a state of decomposition. The skin and underlying
nose, crosswise, fracture of the upper jaw in front resulting in the removal of soft tissues on the chest appeared to have been gnawed by rats apparently
the first two incisors teeth. confirm Magno's testimony that the victim was attracted to the exposed scalded flesh resulting from the repeated splashing of
struck with the handle of the sub-machine gun and stabbed with a knife by boiling water, and that the victim had died two (2) to three (3) days prior to
the accused several times. Premises considered, the decision appealed from the autopsy.
being in conformity with the law and the evidence, the same is hereby
affirmed in all respects. Ruth claimed that they caught Michelle stealing money and jewelry
from their bedroom several times. Because of that, fights between Ruth and
Michelle often occur. On 22 June 1998 Ruth arid Ruby were convicted of
Fajardo states that complainant Ma. Charity Lazaro was his girlfriend
and that he never raped her. He alleged that Lazaro was walking towards
23. PEOPLE OF THE PHILIPPINES vs. SIEGFRED FAJARDO home at about 5:00 in the afternoon. She was met by the accused who was
then a boyfriend of said private complainant. The accused accompanied her
to the house of the private complainant. They were talking about their
FACTS: relationship while walking along the street and before they parted they kissed
At around 7:00 p.m., while complainant, Ma. Charity Lazaro was each other at a place near the gate.
walking alone, the accused held her arm saying he loves her, whereupon she
retorted "Are you crazy". She tried to extricate from his hold but the accused Later in the evening Marcelino Agustin, uncle of the private
boxed her in the stomach where, she fell to the ground unconscious. When complainant went to the house of the accused and told the accused's father
she regained consciousness, she was already naked while the accused was that Fajardo embraced the private complainant. He, however, advised the
standing zippering his shorts, after which he ran away. Her whole body was father of the accused not to see the barangay captain as he might meet there
painful and blood was oozing from her private part which was likewise very the father of the complainant.
painful. She dressed and walked to the house of her aunt and reported that
she was raped. The father arrived and after investigating complainant ISSUES:
immediately reported the matter to the barangay captain, then with A. Whether or not the inconsistencies by the private doctor and the NBI was
complainant, reported the same to the police in. sufficient to disprove the crime of rape.
B. Whether or not the complainant sufficiently established the crime of rape.
That same night, they proceeded to Dr. Renato V. Cruz in Angat but
she was medically examined only the following day. According to Dr.Cruz's RULING:
findings, the hymenal part admits one (1) to two (2) fingers with slight 1. The court is thus confronted with two sets of conflicting medical
difficulty. Presence of old lacerations (more than 30 days old) was found at certificates, one issued by Dr. Cruz and the other issued by Dr. Salvador,
3:00, 7:00 and 10:00 o'clock of the hymen. Also found was a 1/4 inch medico-legal of the NBI. The medical certificate issued by the former dated
diameter abrasion, at upper outer quadrant of the left breast, Dr. Cruz advised August 15, 1982 found old healed lacerations (more than 30 days old) while
complainant to have a vaginal smear to determine the presence of semen. He the latter's medical certificate dated August 12, 1982 concluded that the 3
did not discount the possibility of rape since according to him the hymen is lacerations two of them deep were fresh and healing (around two or three
elastic but is sure that there were no new lacerations. days old) exactly coincided with the alleged rape of August 9, 1982.
Despite his findings however, Dr. Cruz did not discount the
The father later asked for a copy of the doctor’s examination but was possibility of rape and suggested a vaginal smear. On the other hand NBI
not given and doubting the doctor's findings alleging the latter's relationship medico-legal was emphatic that complainant had sexual intercourse and the
with the accused, he brought his daughter to the NBI and was examined. Dr. lacerations were the result of such intercourse.
Nieto Salvador found the hymen superficially lacerated 7:00 o'clock but
healing, edges are slightly edematous and with fibrin formation; deep The court ruled that greater weight should be given to the medical
laceration at 3:00 o'clock and 9:00 o'clock, edges edematous. No evident sign examination conducted by the NBI which is a police agency under the
Department of Justice tasked by the government to conduct or perform
LEGAL MEDICINE 3C 2016-2017 Page 37
medico-legal work should be afforded full faith and credit because not only Accused-appellant Noel Dion y Duque (Dion) was charged
could Dr. Salvador be categorized as a disinterested witness, he also enjoys with two counts of rape in two separate criminal complaints filed
the presumption of regularity in the performance of official duty. On the directly before the RTC. The arraignment for both cases was held on
other hand, Dr. Cruz being a private medical practitioner in Angat, Bulacan, September 12, 2001, after the Office of the Assistant Provincial
can not avail of this presumption. His private clinic is well known there and Prosecutor, which conducted the preliminary investigation requested
serves the general public, his relatives, friends, and acquaintances.
by Dion, found probable cause to hold him for trial.
The testimony of complainant's foster father that Dr. Cruz is related
to the accused cannot just be dismissed casually and it becomes credible The prosecution introduced in evidence the Medico-Legal
when it remained unrebutted. He is therefore not a disinterested witness. Certificate prepared by Dr. Mary Ann Valdez Romero-Fernandez, who
conducted the physical examination on AAA. Noticeable in the
The court affirmed the findings of the trial court to give greater Medico-Legal Certificate were the findings that the hymenal
weight to the medical findings of the NBI physician. Not only is he a lacerations on AAA were not only healed but also only superficial.
medico-legal expert whose duty is to look into medico-legal cases but he is a Moreover, the cervicovaginal smear done on AAA to test for presence
completely disinterested witness. of spermatozoa yielded a negative result. Asked to restate her findings
in non-technical language, Dr. Romero-Fernandez explained that the
Appellant's testimony that complainant's uncle, Marcelino Agustin, lacerations were superficial as they had not gone through beyond more
followed him home after having seen appellant embrace complainant near the
than half of the width of the hymen.
gate of the house, and reported the matter to appellant's father who suggested
that they see the barangay captain about the incident but later decided not to,
is utterly incredible. If complainant and appellant were really sweethearts and The RTC rendered its Decision, finding Dion guilty beyond
were getting along very well, she would not accuse him of such a serious and reasonable doubt of two counts of statutory rape. The Court of Appeals
heinous crime. All these cast doubts on appellant's version. There was affirmed in toto the RTC decision.
absolutely no reason for her to falsely accuse appellant. Moreover, her
alleged inconsistency, that she was raped at 7:00 p.m., and her statement on ISSUE: WHETHER OR NOT THE TRIAL COURT ERRED IN NOT
cross-examination that she reached the place of incident about 7:00 p.m., are FINDING THAT THE RESULT OF THE MEDICAL
trivial and minor so that they do not impair the complainant's credibility. EXAMINATION FAILED TO CONFORM TO THE ATTRIBUTED
RAPE INCIDENT.
Complainant's torn and bloody pants, soiled shirt, abrasion in her
breast and three fresh lacerations on her hymen are mute but eloquent proof
of her dishonor.
HELD:
NO, The trial court did not err in not finding that the result of the
24. PEOPLE OF THE PHILIPPINE V. NOEL DION medical examination failed to conform to the attributed Rape.
Thus, Accused is guilty as charged.
DOCTRINE: The medical examination of the victim as well as the
In People v. Ferrer, the Court held:
medical certificate is merely corroborative in character.
FACTS:
LEGAL MEDICINE 3C 2016-2017 Page 38
[I]t must be pointed out that the absence of FACTS: Afternoon of Nov 25, 1995, Seguritan was in a drinking session
spermatozoa in the vagina of the victim does not with his uncles Lucrecio Seguritan, Melchor Panis, Baltazar Panis in the
negate the commission of rape for the simple reason house of Manuel Dela Cruz in Bgy Paradise, Gonzaga, Cagayan. Rono
that the mere touching of the labia of the female claimed that Lucrecio’s carabao entered his farm and destroyed his crops,
and this was followed by a heated discussion and then Rono punched
organ by the penis is already considered as
Lucrecio twice (right and left temple) which caused Lucrecio to fall as he
consummated rape. The presence of sperm is not a was standing up, and his head hit a hollow block which was an improvised
requisite for rape. For in rape, it is not ejaculation but stove. Lucrecio lost consciousness but later revived, and he was able to go
penetration that consummates the sexual act. home. His wife noticed blood on his forehead but he said he was stoned and
then went to sleep.
We accordingly reject accused-appellants
arguments which hinge on alleged inconsistencies At about 9pm, his wife and daughter noticed that his complexion darkened
between the statements made by the private and foam coming out of his mouth. He was not revived and he died the same
complainant vis-a-vis the medical examination and night. After his burial on December 4, his wife learned of Rono’s
report. The medical report is by no means involvement and sought the help of NBI. NBI Medico-Legal officer Dr.
controlling. This Court has repeatedly held that a Antonio Vertido exhumed the body and performed an autopsy which found
medical examination of the victim is not indispensable hematomas in the right parietal and left occipital areas, a linear fracture in the
right middle fossa, and subdural hemorrhage. The conclusion was that the
in the prosecution for rape, and no law requires a cause of death was traumatic head injury.
medical examination for the successful prosecution
thereof. The medical examination of the victim or the Rono denied hitting Lucrecio and alleged that the latter died of heart attack.
presentation of the medical certificate is not essential to He said that since Lucrecio was sitting on the opposite end of the bench, that
prove the commission of rape as the testimony of the when Rono stood up Lucrecio fell before he could be hit, and Lucrecio’s
victim alone, if credible, is sufficient to convict the head hit the hollow block.
accused of the crime. The medical examination of the
victim as well as the medical certificate is merely Rono presented Joel Cabebe, Asst. Registration Officer of Gonzaga, and Dr.
corroborative in character. Corazon Flor to prove that Lucrecio died of heart attack. The witnesses
identified the Certificate of Death and the entry there that says that cause of
Dion had failed to impeach the credible and straightforward death was cardiovascular disease.
testimony of AAA. Well-settled is the doctrine that testimonies ISSUES: WON accused should be convicted, and whether it should be
of child-victims are given full weight and credit. homicide or reckless imprudence resulting to homicide.
25. ROÑO SEGURITAN y JARA vs. PEOPLE OF THE PHILIPPINES Melchor categorically testified that Rono punched Lucrecio twice, who fell
to the ground and hit his head on the hollow block. He even hesitated to
testify, as shown by the fact that he executed the sworn statement only after
the autopsy report. Melchor’s testimony was consistent with the autopsy
findings. The court also declared that the punches could really cause the
LEGAL MEDICINE 3C 2016-2017 Page 39
fracture on deceased’s head. The testimony of Dr. Vertido also says that the must be offered formally because a judge must base his findings strictly on
cause of death is not heart attack but internal hemorrhage. His testimony said the evidence offered by the parties at the trial.
that the gross examination of the heart showed no signs of heart attack which
caused him not to further examine. The notation in the Death Certificate has Hence, the Decision of the Court of Appeals finding petitioner Roño
no weight since Dr. Flor said she did not examine the cadaver of Lucrecio Seguritan y Jara guilty of homicide and sentencing him to suffer the penalty
since Renato Sidantes, brother-in-law of the deceased had no knowledge of of six years and one day of prision mayor as minimum, to 12 years and one
the real cause of death. day of reclusion temporal as maximum, and to pay the heirs of Lucrecio
Seguritan the amounts of P50,000.00 as moral damages and P135,331.00 as
Rono contended that the delay in autopsy of Lucrecio’s body and its loss of earning capacity is AFFIRMED with MODIFICATION that
embalming compromised the results thereof. He quotes the book Legal petitioner is further ordered to pay P25,000.00 as temperate damages in lieu
Medicine by Dr. Pedro Solis: (lifted from the case) of actual damages, and P50,000.00 as civil indemnity.
(1) "a dead body must not be embalmed before the autopsy. The
embalming fluid may render the tissue and blood unfit for toxilogical
analyses. The embalming may alter the gross appearance of the tissues or
may result to a wide variety of artifacts that tend to destroy or obscure 26. ROLITO RABANAL v. PEOPLE OF THE PHILIPPINES
evidence."
(2) "the body must be autopsied in the same condition when found at the
crime scene. A delay in the performance may fail or modify the possible
findings thereby not serving the interest of justice." FACTS:
Dionisio Javier was watching a card game of pusoy inside the chapel
However, Rono failed to adduce evidence that the one month delay in in Seminary Road, Sitio Maligaya, Quezon City when Ador and Eloy
autopsy modified the findings. He failed to substantiate the claim that arrived. Ador uttered, “Kung sino ang matapang ditto, ako lang anag
embalming fluid rendered the tissue and blood sample unfit for toxilogical harapin, kung sino ang manggulo, ako lang ang harapin.” Ador
analysis. suddenly boxed Javier on the right side of his head, causing the latter
to move backward. Eloy collared him and dragged him to a corner of
Further, it is settled that courts will only consider as evidence that which has the chapels room. Javier then saw the victim Felipe Sales. Suddenly,
been formally offered. The allegation that the results of the autopsy are Javier saw petitioner Rabanal appear from the back of the chapel.
unworthy of credence was based on a book that was neither marked for Petitioner pulled out a knife measuring seven (7) inches in length
identification nor formally offered in evidence during the hearing of the case.
stabbed the victim at his right armpit. Javier also saw Ador stab the
Thus, the trial court as well as the appellate court correctly disregarded them.
The prosecution was not even given the opportunity to object as the book or a
victim near the chest. Eloy entered the scene and also stabbed the
portion thereof was never offered in evidence victim until he fell down and he continuous stabbed several times at
the back while he was lying on the floor.
A formal offer is necessary since judges are required to base their findings of
fact and judgment only – and strictly – upon the evidence offered by the Dr. Florante Mendoza was on duty at the Quezon City General
parties at the trial. To rule otherwise would deprive the opposing party of his Hospital when he examined Felipe Sales who was declared dead on
chance to examine the document and object to its admissibility. The appellate arrival. He testified that the victim suffered several stab wounds on the
court will have difficulty reviewing documents not previously scrutinized by left upper arm, in the forearm, and at the back, which possibly caused
the court below. Any evidence which a party desires to submit to the courts his death. Dr. Desiderio Moraleda, on the other hand, testified that as
ISSUE: Whether or not petitioner shall be held guilty for the death of
Felipe Sales
RULING:
No. The testimonies given by Javier were inconsistent. The Court is
well aware of the rule that minor inconsistencies and contradictions do
not destroy the credibility of the witness. However, these
inconsistencies and contradictions in Javiers testimony cannot be
characterized as minor. He was categorical in describing Adors
participation in stabbing the victim during the direct examination and
even earlier in his sworn statement, only to retract during the cross-
examination and deny having seen Ador stab the victim. This
turnaround bears relevance to the identification of the assailants so as
to create a reasonable doubt as to their culpability.