PROS.

DEVEZA:
We are calling our witness, Dr. Harry Makata, MD, to the witness
stand, Your Honor.

THE COURT:
Swear in the witness.

THE INTERPRETER:
Please raise your right hand. Do you swear to tell the truth, the whole
truth, and nothing but the truth to all the questions propounded by this
Honorable Court?

A: I do.

Would you please state your name before this court?

Harry Makata, M.D., FPSP, MHPEd

What is your profession?

I am a medical physician and pathologist currently employed as a medico-
legal officer of the PNP Crime Laboratory Medico-Legal Division Batangas

How long have you been engaged in that profession?

For about ten years since 2006.

Please describe to us briefly the subject matter of your occupation.

I perform postmortem examinations, including both clinical--where the cause
of death is known-- and medico-legal autopsy--where the cause of death is not known
or incorrectly thought to be known. Among others, I identify the cause of death, the
nature and number of injuries, the time of death, presence of poison, the expectation
of duration of life, the presence of natural disease and its contribution to death,
trauma, interpretation of injuries--whether criminal, suicidal or accidental, and the
interpretation of any other unnatural conditions including those associated with
surgical or medical procedures.

What academic degrees do you hold and from when and where did you obtain
these?

Medical Studies: FEU-Dr. Nicanor Reyes Medical Foundation 1979 1983

DOCTOR OF MEDICINE

UP-National Teachers Training Center for Health Professionals 1998 2003

MASTER, HEALTH PROFESSION EDUCATION

University of California, Doctorate, Neuropathology 2004-2005

University of University of Massachusetts Medical Center, Worcester, MA

Anatomic Pathology & Clinical Pathology, Post Doctorate, 2005-2006

What are your licenses in the field?

MEDICAL BOARD EXAMINATION 1984

CERTIFYING BOARD EXAMINATION IN CLINICAL PATHOLOGY 2004

CERTIFYING BOARD EXAMINATION IN ANATOMIC PATHOLOGY 2004

2009 American Board of Pathology Certification, Anatomic Pathology/Clinical

Pathology

2010 American Board of Pathology Certification, Cytopathology

And how long have you been practicing in the field?

for 22 years now, Maam

And what positions have you held since the completion of your formal
education?
March, 2004 - present
Fellow, Anatomic Pathology Philippine Society of Pathologists

2004 - present
Senior Consultant, Anatomic Pathology FEU-NRMF-Medical Center

March 27, 2004 - present

Fellow, Clinical Pathology Philippine Society of Pathologists

2005 present
Senior Consultant, Clinical Pathology FEU-NRMF-Medical Center

Chairman, Committee on Continuing Professional

Development FEU-NRMF-Institute of Medicine

2004-2010

2004- 2010
Training Officer, Anatomic Pathology FEU-NRMF-Medical Center

2004 Oct. 30, 2011

Pathologist-in-Charge, Microbiology Section FEU-NRMF-Medical Center

Sept. 15, 1985 April 30, 2003

Acting- Head
FEU-NRMF-School of Medical Technology

2006-present

PNP Crime Laboratory Medico-Legal Division

What membership do you have in professional

societies/associations/organizations, and special positions in them?

Philippine Medical Association Philippine Society of Pathologist Philippine Blood

Coordinating Council

PBCC
PASMETH
PSP Ladies Circle PAASCU
Board Member
Member
Member
Accreditor
Vice Chairman & Assessor

2006-present

correspondingly

What are the requirements for membership and advancement within

each of these organizations?
Graduate of the courses that I have taken. And technical experience in the field?

What Honors, acknowledgments, and awards received by you in your field?

2005 - 2006 Chief Resident, University of Massachusetts Medical Center, Clinical

Pathology Chief Resident, University of Massachusetts Medical Center, Anatomic
Pathology and Clinical Pathology

Have you written any publications in your field?

The Coroners Autopsy, Manila, Philippines 2007

The Post-mortem Technicians Handbook, Central Publishers, Manila 2007

Forensic Pathology, Central Publishers, Manila 2009

Pathology of Homicide and the Legal Aspects of Medicine, Central Publishers 2012

Now, Mr. Witness, you said that currently you work for the PNP Crime
Laboratory Medico-Legal Division. How many clinical and medico-legal
autopsies have you conducted?

I have conducted
654 clinical autopsies from 2005-present
and 821 medico-legal autopsies from 2005-present

How about when it comes to the number of times you have given testimony in
court as an expert witness in this field?

There has been many occasions, Maam. On both clinical and medico-legal autopsies.

Has your expertise ever been successfully challenged in any case?

No, Maam.

Has the court ever not accepted you as an expert in medico-legal autopsies?
No, Maam
Your Honor, in connection with the qualifications of the witness, the prosecution
has previously marked as Exhibit _ the curriculum vitae of Harry Makata,
M.D., FPSP, MHPEd. May I proceed your, Honor?

Your Honor, pursuant to the rule on expert witness under the law and the Rules
of Court, I am tendering Dr. Harry Makata, MD as a qualified expert witness
being a medico-legal officer. May I proceed, Your Honor?

Mr. Witness, you previously described to us what clinical and medico-legal

autopsies are. Would you please tell us if you performed any postmortem
examination in relation to this case, and what kind, if any?
Yes, Maam. I performed a medico-legal autopsy on the person of Kaye Resurreccion
on or about 9:00 in themorning of the 1st of July 2015.

Now, you mentioned that it is part of your examination to determine the nature
and number of injuries. Can you describe to us your findings with regard to
this?

Yes, the victim sustained a total of eleven wounds. Six were stab wounds and five
were incised wounds. These are located on the victims abdomen and back. As a
result, a portion of here intestines were found spilled out of her body.

When you say wounds, what do these imply?

It suggests that the lesion was caused by a deliberate action and by number and
location of wounds of the victim, this precludes the possibility of pure accidence.
The six stab wounds has a depth of at least 4-6 inches into the body, diagonally with
entrance from the upper abdomen to the lower abdomen and caused by blade or a
sharp pointed object about 6 inches long and 2-3 inches wide.

Trauma is applied directly to the anterior abdominal wall. The liver of the victim was
torn, the stabbing preofrated the stomach and intestines which caused the death of the
victim shortly after the stabbing was made.

In your expert opinion, what kind of death did the victim take?
Suicidal or accidental death is excluded. There was an assault deliberately done upon
the victim.

And you said that part of your examination is the determination of the time of death.
In your examination, can you now tell the court the time of death of the victim?

Rigor mortis of the vicitms body was complete I examined the victim at 9:00 a.m. on
July 1, 2015. The time of death may be approximated from between nine (9) to
twelve (12) hours prior to the completion of rigor mortis.

Aside from the stab and incised wounds on the victim, what other findings came
up in your examination?

There were no hymenal lacerations, contusions or hematoma on the victim.

Nonetheless, there was the presence of semen in the vaginal canal of the victim as
well as bruise and swelling in the right forearm of the victim indicating resistance
from the victim against her assaultant immediately prior to her death.

And in your opinion, in what way was the presence of semen introduced in the
vaginal canal of the victim?
The semen was introduced only through sexual intercourse with the victim.

In your years of testifying as an expert witness, what do the absence of hymenal

lacerations imply?

In some cases--and this often happens--hymenal lacerations due to sexual intercourse

cannot be found on victim. Still, this does not preclude a high probability of forcible
sexual intercourse, taking into consideration other circumstances, such as the bruise
and swelling found in the victim in this case.

Mr. witness, can you tell the court what procedures you undertook with the
semen sample you found in the vaginal canal of the victim?

Yes. Upon examination, liquid was seen in the vaginal tract of the victim. This was
collected by a pipetted into a small tube. It is important to note that spermatozoa can
be identified from the vagina after 24 hours. This was carefully labeled as CSL-1234,
and as per rules on operations of the PNP Crime Laboratory, this was properly
transmitted to the Forensic Laboratory Receiving Department for possible forensic
examination, together with the report duly issued by yours truly. It is only then that
forensic dna testing may be conducted as per request of relative of the victim and/or
upon consultation with the forensic biologist-chemist and police investigator in
charge.

Mr. Witness, what other duties do you have aside from examination of the
victim?
I have the duty to prepare the autopsy or postmortem examination report and
the certificate of death of the victim.

Mr. Witness, I have here a previously marked document as Exhibit . Can you
tell what this is in relation to your ?