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PEOPLE OF THE PHILIPPINES, plaintiff-appellee

VS.
JAIME JOSE Y GOMEZ, BASILIO PINEDA, JR.,
alias "BOY," EDGARDO AQUINO Y PAYUMO
and ROGELIO CAAL Y SEVILLA, defendants-appellants.

CRIMINAL CASE NO. ___________________


HON. ___________________________
SUPREME COURT EN BANC

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JUDICIAL AFFIDAVIT OF ERNESTO BRION

I, Ernesto Brion, of legal age, employed as the Chief Medico-Legal Officer at the National
Bureau of Investigation, After having been duly sworn to in accordance with law, fully
conscious that I am answering the following questions under oath, and that I may face
criminal liability for false testimony or perjury and said Judicial Affidavit was conducted at
the Law Office of Atty. J Jaime at Kagalang-galang Bldg., 117 Taft Ave., Manila, which
taking was done in English which I clearly speak and understand and that the other
information or requirements of Sec. 3 A.M. 12-8-8-SC as explained to me by the
administering officer, hereby deposes and states as follow:

PURPOSE:

This affidavit of the accused, Ernesto Brion is being offered to attest to the existence of
proof on the charges of the crime of Forcible abduction with rape as described under
Art. 335 of the Revised Penal Code, as amended, against herein accused parties.

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: What is the reason as to why you have come to depose the information you
have?
A: I have encountered a case that needed my attention last June 29, 1967.
2. Q: What happened on June 29, 1967?

A: On June 29, 1967, I have conducted a medico-internal examination on one


Magdalena Maggie de la Riva.

3. Q: How have you come to know Ms. De la Riva?


A: She filed a complaint for allegedly being raped.
4. Q: Why was such medico-internal examination necessary?
A: The said medico-internal examination was conducted in accordance with the
complaint filed by Ms. De la Riva with the Quezon City Police Department
Headquarters.
5. Q: What were your findings upon conducting the said medico-internal
examination?
A: Having conducted the aforementioned examination on the complainant, I have
found the presence of multiple contusions and bruises on different parts of the
complainant's body, as well as of genital injuries.
6. Q: How was the disposition of the patient during the examination? Was she
showing any symptoms of pain?
A: During the said examination Miss De la Riva complained of slight tenderness
around the neck, on the abdominal wall, and at the sites of the extra-genital
physical injuries; and that on pressing the said injuries, I elicited a sigh of pain or
tenderness on the part of the subject.
7. Q: Upon examining Ms. De la Riva, as an expert in the field of medicine, how did
she come to obtain these injuries?
A: In my expert opinion, the injuries of Ms. De la Riva could have been caused by
blows administered by a closed fist or by the palm of the hand, and could have
been inflicted on the subject while she was being raped.
8. Q: Upon your examination, can you ascertain the date when Ms. De la Riva
could have obtained said injuries?
A: The injuries found in the said examination could have been sustained on or
about June 26, 1967.
9. Q: Upon what circumstances have led to Ms. De la Riva obtaining injuries in her
genital area?
A: In connection with the genital examination, I found injuries on the subject's
genitalia which could have been produced by sexual intercourse committed on
June 26, 1967.
10. Q: What evidence have you uncovered to further verify the alleged sexual
intercourse?
A: There were no traces of spermatozoa found in the complainants genitalia,
which are not usually found in the vagina after the lapse of three (3) days from
the last intercourse, and including the possibility that the complainant might have
douched herself.

IN WITNESS WHEREOF, I hereunto set my hand below this 29th day of June,
1967 at the Office of the Prosecutor, in Quezon City.

Dr. Ernesto Brion

Affiant

---------END OF STATEMENT----------
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City
of Manila this 12th day of July 1971. Affiant personally came and appeared with Passport
No issued on February 15, 1970 at Pasay City, 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

Commission Serial No. ____________________________

Notary Public for _______(Province/City)______________

Until December 31, 20__

Office: ______________(address)____________________

Roll No. __________

IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_

PTR No. _________ ; __/__/__ ; _(Province)_

Compliance Cert. No. __________; __/__/__

Doc. No. ___


Page No. ___
Book No. ___
Series of 1971
SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED
THE EXAMINATION OF THE WITNESS.
The undersigned ATTY. J. Jaime, of legal age, married, and with law office address
at Kagalang-galang Bldg., 117 Taft Ave., Manila, under oath, deposes and states:

1. He is the Legal Counsel for the plaintiffs in the above-entitled case;

2. He faithfully recorded or caused to be recorded the questions he asked and


the corresponding answers that the above-named witness gave;

3. Neither he nor any other person then present or assisting him coached the witness
regarding the latter's answers; and

4. He conducted the examination of the witness at his law office located at Kagalang-
galang Bldg., 117 Taft Ave., Manila.

City of Manila, xxx, 1971.

ATTY. J. Jaime
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City
of Manila this 12th day of July 1971. Affiant personally came and appeared with Passport
No issued on February 15, 1970 at Pasay City, 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.

Notary Public

Doc. No. ___


Page No. ___
Book No. ___
Series of 1971

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