Your Honor, for the defense, ___________________.

CROSS EXAMINATION

1. DEFENSE : So you have such great qualifications, doctor. But, per the record, you
have said that after passing the Philippine Licensure Examination, you started
practicing your field. Am I right?

DOCTOR : Yes.

2. DEFENSE : So, just basing on that, we can say that you are a general medical
practitioner because usually after passing said examination, those who intend to take
medical specialization apply for the same and residency training in an accredited
hospital usually takes, like three (3) to six (6) years. And another diplomate board
examination is to be taken. And yet, despite your great qualifications, nowhere did you
mention your medical specialty which is a big deal for any doctors.

DOCTOR : Yes.

3. DEFENSE: So you have been conducting medico-legal for rape cases, right?

DOCTOR: Yes.

4. DEFENSE: 25 years of practice, and 18 of which were for medico-legal for rape
cases, correct?

DOCTOR: Yes.

5. DEFENSE : So, can I presume that you know a lot about the procedures given your
long years of experience?

DOCTOR: Yes.

6. DEFENSE : So doctor, you have personally examined the pieces of evidence, such as,
the boxer shorts, panty, the knife, as well as the physical examination of the victim?

DOCTOR: Yes

7. DEFENSE : Again, I am presuming that you know exactly what procedures to do?

DOCTOR : Yes

8. DEFENSE : Once again, per the record, you have acknowledged your signature in
the test results which bore the logo of the PNP Crime Laboratory?

DOCTOR: Yes
9. DEFENSE : So you not just examined these items, but also conducted the tests?

DOCTOR : Yes

10. DEFENSE : Are you employed at PNP Crime Laboratory?

DOCTOR : No

11. DEFENSE : Then why is signature attached to the test results with the PNPs logo if
you are not employed there?

DOCTOR: Because I am the one who examined the evidence.

12. DEFENSE: Who gave you these pieces of evidence to be examined?

DOCTOR : A police officer.

13. DEFENSE: Can you present to this Court any document that would prove that you
have received the evidence from such police officer?

DOCTOR : Im afraid I cannot do so. I was just directed to examine and conduct the
tests.

14. DEFENSE : Doctor, do you know that the PNP and NBI have strict chain of custody
procedure with regard the handling of evidence that specific forms are needed to be
filled up before any item which had been collected by the initial investigator can be
transferred to another person?

DOCTOR : No. I am not aware of their procedure.

15. DEFENSE : First, the items are collected by the SOCO Operatives. Then, the same
are to be directly endorsed and submitted to the crime laboratory for forensic
examination, then the items are to be maintained by the Evidence Custodian. Are you
employed in any one of these government offices? The SOCO, PNP Crime Laboratory?

DOCTOR : No

16 : DEFENSE : So since you are not employed in these offices, you are not authorized
by law to examine, or even conduct these tests because, surely, you cannot even enter
these offices that do not authorize any civilians, even if a doctor or lawyer, to assess their
internal work.

DOCTOR : Yes.

17. DEFENSE : Doctor, for twenty five years that you have been working in the medical
field, surely you do know that once the items or evidence have been initially examined
and conducted tests on by an unauthorized person, there is a huge possibility of
tampering it or let us just say, contaminating it?

DOCTOR : Yes.

18. DEFENSE : : If these items are to be used again for another test, the items are not
anymore as reliable as they were on the initial tests?

DOCTOR: There may be variances on the second test.

19. DEFENSE : Lastly doctor, forensic trace evidence officers are authorized to
examine any evidence, SOCO personnel are the ones who are authorized to collect any
evidence and lift fingerprints on the crime scene and dactyloscopy expert examines and
analyses fingerprint. On the other hand, medico-legal can be conducted by a medical
officer or surgeon on duty. What is your authorized field of work in these
circumstances?

DOCTOR : I am a medical officer conducting medico-legal.

NO FURTHER QUESTIONS, your Honor.

Other issues:

Did you ask for or requested for the consent of the accused as to the gathering of his
sperm for dna test?

Chain of custody important.

Evidence coming from the crime scene, will be collected, lifted for prints, dna by the
SOCO of PNP.
Sealed in an evidence bad to be received by the laboratory who will conduct
examination.
After, to be endorsed to evidence custodian

NOTE: If in case, any evidence did not go through these people/offices, the
integrity of the evidence is ruined.