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Please go through the red marks.

Na-highlight po sila for purposes of being


corrected. Again, sorry for the inconsistency of the statements if ever. Pwede po
kayo magdagdag kunsakali. hehe

Republic of the Philippines


MUNICIPAL TRIAL COURT IN CITIES
Second Judicial Region
Branch 04
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES FOR: Robbery with Homicide


Under Article 294 of the
Revised Penal Code
-versus-

LITO LAPID III,


Accused
x-----------------------------------------x

JUDICIAL AFFIDAVIT

I. PRELIMINARY STATEMENT

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

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

That conformably also with section 3 (c) thereof, I hereby state under the
pain of perjury that in answering the questions asked of me, as appearing herein
below, I am fully conscious that I did so under oath, and that I may face criminal
liabilities for false testimony or perjury;

II. OFFER

The testimony of Doctor Nikko Flacis is being offered to establish:


1. The fact of death of Bimby Yap.
2. The cause of death is hemorrhagic shock with prior perforation of the left
coronary artery as a result of multiple stabbed wounds.
3. The manner of death of Bimby Yap is by homicide.
III. JUDICIAL AFFIDAVIT PROPER

1. Question: Please state your name, age, residence, and occupation.


Answer: I am Nikko Falcis, ___ years old, a resident of ________________,
Tuguegarao City, a Medical Doctor, and the Head of Surgery of St. Paul Hospital.

2. Q: Why are you here now?


A: To give a sworn statement by way of a judicial affidavit, the same to
constitute as my direct testimony, in the above-captioned criminal case.

3. Q: For the record, please state the name and address of the Lawyer who is now
conducting or supervising your examination and the place where the
examination is being held now.

A: Atty. Louise Angelique Agraba, _______________________, Tuguegarao


City. The examination is held at ______________________, Tuguegarao City.

4. Q: In what language do you want your examination to be conducted?


A: I prefer that it be conducted in English for my convenience and for clarity.

5. Q: Do you swear to answer the questions that you will be asked of, fully
knowing that you will do so under oath, and you may be facing criminal
liability for false testimony?
A: Yes, Maam.

6. Q: Doctor Falcis, you are here today to testify as an expert witness and for
purposes of establishing your credibility as a Medical Doctor, may I know
about your prior circumstances?
A: Yes, Maam.

7. Q: Prior to taking up Medicine, what was your undergraduate course?


A:

8. Q: Where and when did you study the said course?


A:

9. Q: After graduating from your undergraduate course, did you immediately


take up Medicine?
A:

10. Q: Where and when did you study Medicine?


A:

11. Q: Shortly after graduating Medical School and after finishing your internship
program at ____________, you took the Physician Licensure Exam, correct?
A:

12. Q: What was the year when you took and pass the Physicial Licensure Exam?
A:
13. Q: How long have you been working as a Medical Doctor?
A:

14. Q: What are your affiliations?


A:

15. Q: Presently, where are you connected?


A: I am currently the Head of Surgery at St. Paul Hospital Tuguegarao.

16. Q: How did you come to know of the present case?


A: I was the attending physician of the deceased, Bimby Yap.

17. Q: May you relate to me the circumstances prior to Bimby’s death, from the
time he was hospitalized until his untimely demise?
A: Ok Maam. On March 10, 2019, I was at St. Paul Hospital doing usual rounds
that night when the ambulance came. Inside the ambulance was Bimby Yap
who was then profusely bleeding and was rushed in the Operating Room. He
was accompanied by his mother who happened to witness that incident.

18. Q: I have here with me a copy of a medical certificate marked as __________


allegedly signed and furnished by you, Doctor Nikko Falcis. May you look into
it and see if the signature in the said document purports to be yours?
A: Yes. That signature is mine. The document was furnished by me.

19. Q: In the same document, it is indicated that you have done an autopsy on the
body of the deceased, is that correct?
A: Yes, Maam.

20. Q: According to your findings as indicated in the said medical certificate, the
immediate cause of death was haemorrhagic shock. Can you explain what this
means?

A: Hemorrhagic shock is a condition when there is a sudden and significant loss


of blood or when body fluids drops your blood volume. Since blood helps in
maintaining your body temperature in steady levels, in the formation of blood
clots, and aids in the movement of oxygen and nutrients to all of your body's cells,
if your blood volume gets too low, your organs won't be able to keep working.
Hence the body is unable to keep up. This is very life-threatening and in most
cases, it causes death.

21. Q: How does that relate to the death of the victim?


A: As for the deceased, upon external examination of his body, it can be seen
that he has suffered multiple wound entries from stabbing. When followed by
the conduct of the autopsy, internally there were two separate tracks entering
the chest cavity through two separate inter-coastal spaces. It indicates that the
weapon was first thrust in, and then thrust again. Hence causing wounds in the
chest cavity of the victim. One of these two wounds caused the cutting of the
artery of the heart which caused excessive bleeding on the deceased’s body,
therefore causing his death. (ate Marivic, paycheck po ng part na ito hehe)

22. Q: Based on the said certificate, it was said that an antecedent cause of death
was perforation of the left coronary artery. What does that imply?
A: Perforation would mean a piercing through an object. Like I said, the
stabbing caused two wounds that have punctured through the chest cavity of
the deceased, one being fatal while the other being not. That fatal wound
caused by the stabbing has penetrated to the extent of causing a cut on the
artery. The stabbing bored a hole through causing the left coronary artery to be
cut. He could not be revived and succumbed to injury within 3 hours of
hospitalization. (paycheck din po)

23. Q: When did you conduct the autopsy? (not sure if this is relevant though.
Pakiremove nalang po if di talaga necessary)
A: 18 hours after the death of Bimby, Maam.

24. Q: Now, with all the said causes, what then is the manner of death of Bimby
Yap?
A: It is homicide, Maam. There is no doubt about the cause of death was
stabbing that was homicidal in nature. The fatal injury was a vertically placed
stab wound on the chest at the level of left anterior axillary line. It is reported
that existence of vertical chest wounds implies homicide.

25. For the meantime, I don’t have further questions, do you have any statements
to add or take away on this affidavit?
A: I don’t have any, Maam.

26. Q: Were you threatened, promised or bribed to do this confession?


A: No Maam. I made it voluntarily with my own free will.

27. Q: Are you willing to sign this affidavit consisting of six (_) pages, to certify
that all the statements you made are true.
A: Yes Maam.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below this 5th day of


April, 2019 at Tuguegarao City.

Lito Lapid III


Affiant

ATTESTATION
I, LOUISE ANGELIQUE AGRABA, administering lawyer of the
abovementioned accused, on my oath as his lawyer, hereby depose and states:
That I have personally conducted the foregoing examination of the accused-
affiant at _________________________, Tuguegarao City, Cagayan;

That I have faithfully recorded the questions asked of him and the
corresponding answers that he gave in response to the questions asked;

Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 5th day of


April, 2019 at Tuguegarao City, Cagayan.

Louise Angelique Agraba


Counsel for the Accused

SUBSCRIBED AND SWORN to before me this 5th day of April, 2019 at


Tuguegarao City. Further, I certify that I personally examined the herein affiant
that he voluntarily executed and fully understood his statements.

Atty. _________________
Notary Public

Page No.:
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Series of 2019