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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


EIGHTH JUDICIAL REGION
BRANCH 8, TACLOBAN CITY

PEOPLE OF THE PHILIPPINES


Plaintiff,

-versus- CRIMINAL CASE CASE NO. 201918-08


For: Attempted Rape

RAFAEL C. MALAKAS
Accused.
x----------------------------------------------------x

JUDICIAL AFFIDAVIT
OF DR. OLIVER RAZO

I, DR. OLIVER RAZO, of legal age, married, a government physician, and a resident of
Burayan, San Jose, Tacloban City, after having duly sworn to in accordance with law, hereby
depose and state:

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 om 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
Prosecutor____________ who conducted the examination of the undersigned affiant;

That conformably also with 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 concious that I did so
under oath, and that I may face criminal liabilities for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:


Q1: Do you swear to tell the truth but nothing but the truth?
A1: Yes Ma’am.

Q2: Please state your name and other personal circumstances for the record,
A2: I am Dr. Oliver Razo, of legal age, married, and a medical examiner for the Eastern Visayas
Medical Center, and a resident of Burayan, San Jose, Tacloban City.

Q3: How long have you been practicing your profession?


A3: For almost twelve (12) years already.

Q4: Where are you presently employed?


A4: At Eastern Visayas Medical Center, Tacloban City.

Q5: What position do you currently hold?


A5: I am the Senior Medical Examiner in the said hospital.

Q6: Have you examined rape victims or persons alleging to be rape victims before?
Q6: Yes Ma’am.

Q7: Have you examined a woman by the name of Jamaica Mahinay?


A7: Yes Ma’am. I examined Jamaica Mahinay after she complained to the Police that she had been
attemptedly rape.

Q8: Could you describe her physical built?


A8: She was of small built, 5 feet flat in height, and a fair complexion.

Q9: What was your finding after conducting medical examination of her?
A9: After examining her body, I found that there’s a slight hymenal abrasion on her organ.

Q10: Can you describe fully your findings on your medical examination with the victim?
A10. The victim suffered a slight laceration since the object used to penetrate on her organ did not
completely enter to meet the depth of the vagina.

Q11. How do you say that the victim only suffered a slight laceration?
A11. Because the victim was still a virgin, that’s why it was easily for me to identified the depth
of the laceration.

Q12: Apart from her private organ, did you examined other parts of her body?
A12. Yes Ma’am, I found also that the victim suffered a slight physical injuries due to her
spontaneous desistance from the perpetrator.

Q13. What kind physical injuries had the victim suffered from the perpetrator?
A13: The victim obtained strain on her arms and it’s difficult for her to move it.

Q14: What are your other findings?


A14: That’s all Ma’am.
IN WITNESS WHEREOF, I hereunto set my hand below this______ day of _________,
2019 at _________________________

________________
Affiant

SUBSCRIBE AND SWORN to before me, a notary in and for Provonce/City this _____
day of ________. Affiant personally came and appeared with competence evidence identity
issued by the Government agency on date at place, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

Atty.____________________________
Notary Public
Doc. No.:
Book No.:
Page No.:
Series of:

I,__________________________, of legal age, Filipino, with postal


address____________, after being duly sworn depose and say:

1. I was the one who conducted the examination of the witness_____________ at my


afformentioned office in ____________________;

2. I have faithfully recorded or caused to be recorded the questions asked and the
corresponding answer the witness gave;

3. I nor any other person then present or assisting him or coached the witness regarding
his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ______ 2019
at______________.
Atty._________________________
Affiant

SUBSCRIBE AND SWORN to before me, a notary in and for Provonce/City this _____
day of ________. Affiant personally came and appeared with competence evidence identity
issued by the Government agency on date at place, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

Atty.____________________________
Notary Public
Doc. No.:
Book No.:
Page No.:
Series of:

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