When the case was called for the presentation of the

prosecution’s 1st witness, the following transpired:

COURT: Appearances?

FISCAL: For the State, Your Honor.

ATTY 1: Private Prosecutor,

ATTY 2: Private Prosecutor,

ATTY 3: Private Prosecutor,

Atty: For the accused, Your Honor.

FISCAL:

The witness subpoenaed for today’s hearing is

supposedly the private complainant-the mother of the

victim your Honor. But I would like to take advantage

the presence of the medico-legal of this case in the

person of Dr. Juan dela Cruz, considering that our

witness your Honor does not have the convenience of

time.

The witness is here, with your permission your

honor, we are ready.

FISCAL:

We would like to present him to the witness

stand, Your Honor.

TESTIMONY OF THE WITNESS

 DR. JUAN DELA CRUZ, after having sworn in accordance

with law, hereby deposes and says that she is 47 years old,

single, a resident of Cebu City and a doctor by profession.

FISCAL:

The testimony of this witness, Your Honor is

offered in evidence in order to prove that

he is a medical doctor. He was the one who

examined the victim in this case. That he

physically examined the gun shots wounds

suffered or sustained by the said victim. He

is going to identify the medical certificate

he issued. He is going to testify on other

relevant matters, Your Honor. May I proceed?

DIRECT EXAMINATION OF THE WITNESS

Q – Good morning, Doc. You told the

Honorable Court that you are a medical

doctor. Where are you presently assigned?

A – I am presently assigned at Vicente Sotto Medical

Center.

Q – Sometime on December 7, 2017, where were you

assigned?

A – I was assigned at the emergency room of the same

hospital.

Q – Do you still recall having seen one patient in

 the person of RICARDO MONTESCLAROS?

A – Yes, I have per record of the patient.

Q – And you are assigned in hospital

A – Yes.

Q – What happened with respect to that person?

A – The patient came in the emergency room with

Gun shot wound in the head due to the

shooting incident at the time approximately

9 PM last December 7, 2017 that happened in

Lahug, Cebu City.

Q – You personally examined said person?

A – Yes.

Q – What treatment was made if any to the said

person?

A – The patient upon arrival at the emergency room,

I declared him DOA.

Q – Atty 2: Did you reduce your findings in the form of a

medical certificate?

A – Yes. I have a copy of the medical certificate.

Q – You have a copy of the medical certificate right

now?
A – Yes.

Q – Are you referring to this one?

A – That’s the medical certificate we issued.

Q – Your Honor, the one attached to the records is a

photo copy only and the one being presented

by this witness is the original. I would

like to request the defense counsel to

compare the photo copy marked as Exhibit A

with the original the witness just

identified?

ATTY. Accused:

I stipulate that the photo copy attached to the

case record is a faithful reproduction of

the original, Your Honor.

Atty 2:

I would like to request that the medical

certificate be marked as Exhibit A, Your

Honor.

COURT:

Mark the exhibit.

(Exhibit is marked)

Atty 2: (Proceeding)

Q – Sir Witness, what could have caused the

 instantaneous death of the victim?

A – As what I have seen from the gun shoot wound of

the victim, where the bullet enters in the center of his

forehead and exited at the back of his head that caused the

death of the victim.

Q – For purposes of marking, I would like to request

the witness to identify the signature over

the printed name Juan dela Cruz, MD, is this

your signature?

A – That’s my signature.

Q – I would like to request that the signature be

marked as Exhibit A-1.

COURT:

Mark the exhibit.

(Exhibit is marked)

Atty 2:

The witness is now ready for cross.

Atty 3: Your Honor our next witness Pedro San Juan, a Forensic

Expert from PNP Crime Laboratory who conducted paraffin

examination to the accused. We would like your Honor that a

subpoena be issued to our next witness on the next schedule

hearing.