Republic of the Philippines

Regional Trial Court

Branch 2
Bangued, Abra

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM. CASE NO. 65732-18

-versus- FOR:

HOMICIDE

RICARDO TUSCANO,
Accused,

x------------------------------------------x

JUDICIAL AFFIDAVIT

Examining counsel: ATTY. BRENT CHRISTIAN T. TORRES, with office address

at 65 Micael Street Lower Cabinet Hill-Teacher’s Camp, Baguio City.

Place of Examination: Room 03, 65 Micael Street Lower Cabinet Hill-Teacher’s

Camp, Baguio City.

I, DARBIE B. MADRIAGA, of legal age, married, Filipino and with

residence and postal address at Bangued, Abra Province Philippines, after having
been duly sworn to in accordance with law, hereby depose and say in answer to the
direct examinations of Atty. Brent Christian Torres.

BACKGROUND OF THE CASE

ELPIDIO BARBADILLO CASTILLO JR., Filipino citizen of legal age,

married and a resident of Bangbangar, Bangued, Abra was shot by the accused,
Ricardo Tuscano on August 26, 2019 at El Amor Disco Bar, Calaba, Bangued, Abra.

OFFER OF TESTIMONY

The witness is a Medico-Legal Officer. He will testify on the laboratory

examinations and results of his findings to prove the following all related matters,
facts and circumstances relevant and material to the foregoing case of Homicide
pursuant to Article 249 of the Revised Penal Code.

WITH THE HONORABLE COURT’S PERMISSION

Questions were propounded by Atty. Brent Christian Torres and questions are
numbered consecutively and each question is followed by an answer of the witness.

1. Question – (Q): Do you swear to tell the truth and nothing but the truth?

Answer – (A): I do.

2. Q: Are you aware that you can face criminal liability for false testimony
or perjury if you will not tell the truth?

A: I am.

3. Q: Can you please state your name and profession?

A: I am Dr. Darbie B. Madriaga and I am a Medical Doctor.

4. Q: Do you work in a Private Hospital?

A: No. I am currently a government employee.

5. Q: Under what agency of the Government are you employed?

A: I work in the MUNICIPAL HEALTH OFFICE in the

MUNICIPALITY OF DOLORES, PROVINCE OF ABRA.

6. Q: What is your position or item in the said government agency?

A: Municipal Health Officer and Medico-Legal Officer.

7. Q: Do you know a person named ELPIDIO BARBADILLO CASTILLO

JR?
A: Yes, sir.
8. Q: How did you know that person?
A: A letter was sent to our office, the Municipal Health Office, by PLtCol.
Francisco B. Bulwayan Jr., Officer-in-Charge of Bangued Municipal
Police Staion, requesting for the examination of the cadaver.
9. Q: What was the purpose of the request for the said laboratory
examination?
 A: For the determination of the cause of death of Elpidio Barbadillo
Castillo Jr. and such report will be used for future references as stated in
their letter.

10. Q: How did you act with the request?

A: Our office granted the request and conducted the laboratory

examinations on the cadaver of Elpidio Barbadillo Castillo Jr. for the
issuance of the postmortem findings.

11. Q: Who conducted the examination?

A: I conducted the examination.

12. Q: Can you tell me the date and time of death of ELPIDIO BARBADILLO
CASTILLO JR.?

A: He died at around 11:45 pm of August 26, 2019.

13. Q: When and where was the cadaver autopsied?

A: The autopsy was conducted at around 7:45 am on August 27, 2019 at

Pineda Funeral Parlor, Zone 5, Bangued, Abra.

14. Q: Can you state before the Honorable court your findings or report on
your examination on the body of the late ELPIDIO BARBADILLO
CASTILLO JR.?

A: Yes, sir. It was provided in Autopsy Report No. EN-T4-01-LU.

The report states that ELPIDIO BARBADILLO CASTILLO JR., 49
years old, married and a resident of Bangbangar, Bangued, Abra. Seen
a well built, male cadaver with the following findings:
a.) Gunshot wound, 1.2x1 cm, with singeing and tattooing, lateral side
of the face, 3 cm from lateral canthus of the eye, right; directed to the
left and slightly downwards; fracture of the maxillary bone including
the orbital floor of both eyes, fracture of the nasal bone; exit at the
lateral area of the face, left, 2 cm below and lateral canthus of the eye,
left 1x1 cm.
b.) Gunshot wound, 1x1 cm, entry, left upper quadrant of the abdomen;
directed backwards, slightly downwards and to the right; piercing into
the abdominal cavity, piercing several portions of the intestines and
right kidney; exit at the back, level of the 3rd lumbar vertebra.
c.) Gunshot wound, 1x1 cm, mid-axillary line, level of the 1st lumbar
vertebra, left; directed to the right and slightly forwards; piercing into
the abdominal cavity and piercing portions of the intestines; exit at the
upper quadrant of the abdomen.
 d.) Gunshot wound, 1x1, entry, inner upper quadrant of the buttocks,
right; directed downwards and forwards; piercing thru muscle; exit at
the anterior portion of the middle 3rd of the thigh, right, 1.2x1 cm.
As a conclusion, the cause of death is HEMORRHAGIC SHOCK
secondary to GUNSHOT WOUNDS.
15. Q:Was there any evident physical injuries or scars found in any part of the
body?

A: None.

16. Q: Are there any signs, marks, or indications that the body struggled from
something heavy or bumped into something hard?

A: None.

17. Q: Based on your expert opinion and postmortem findings, are there any
indications that the death was caused by other things besides from
Hemorrhagic Shock secondary to gunshot wounds?

A: None. I concluded that the cause of death is Hemorrhagic Shock

secondary to gunshot wounds.

18. Q: May you state the cause of death in layman’s term?

A: Yes, in simple terms, Hemorrhagic shock occurs when the body begins
to shut down due to large amounts of blood loss. People suffering injuries
that involve heavy bleeding may go into hemorrhagic shock if the bleeding
isn’t stopped immediately.
When heavy bleeding occurs, there’s not enough blood flow to
the organs in your body. Blood carries oxygen and other essential
substances to your organs and tissues. When heavy bleeding occurs, these
substances are lost more quickly than they can be replaced and organs in
the body begin to shut down.
As your heart shuts down and fails to circulate an adequate
amount of blood through your body, symptoms of shock occur. Blood
pressure plummets and there’s a massive drop in body temperature.

19. Q: Do you attest to the truthfulness of your statements and allegations in

this Judicial Affidavit?

A: Yes, sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature, this
th
7 day of October 2019 at Baguio City, Philippines.

DARBIE B. MADRIAGA, MD
Affiant
 SUBSCRIBED AND SWORN to before me this 7th day of October
2019 at Baguio City, Philippines, and I hereby certify that I have personally
examined the affiant and that I am convinced that he understood and
voluntarily executed this Judicial Affidavit.

ATTY. BRENT CHRISTIAN T. TORRES

ATTESTATION

I, ATTY. BRENT CHRISTIAN T. TORRES, of legal age, single, and a

resident of Cabinet Hill-Teacher’s Camp, Baguio City, after duly sworn to in
accordance with law, hereby depose and say that:

(1) I am the counsel for the Republic of the Philippines in Case No.65732-18;
(2) I faithfully recorded or caused to be recorded the question I asked and the
corresponding answers that the witness gave for his Judicial Affidavit; and
(3) Neither I nor any other person then present or assisting him coached the
witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th Day

of October 2019, Baguio City, Philippines.

ATTY. BRENT CHRISTIAN T. TORRES

Affiant

Subscribed and Sworn to before ne this 7th day of October 2019, Baguio City,
Philippines, affiant exhibited her IBP ID as his competent evidence of identity.

Doc No. 004. NOTARY PUBLIC

Page No. 013.
Book No. 044.
Series of 2019.
Copy Furnished:

ATTY. STEPHEN CLIFFORD TUBAÑA

Puso ng Baguio Building
Session Road, Baguio City

THE CLERK OF COURT

Regional Trial Court, Branch 2
Bangued, Abra