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Republic of the Philippines

Regional Trial Court
First Judicial Region
Branch 5
Baguio City

The People of the Philippines, Crim.

Case No.06-CR-5102
Plaintiff,

- versus - For:
Robbery with Homicide

MOR REJAS, et. al.,

Accused,
x-----------------------------------------x

Offer of Testimony

Dr. NOGNOG BENAY is being presented as an expert witness.

The Judicial Affidavit of Dr. NOGNOG BENAY is being presented to
take the place of his direct testimony. Dr. NOGNOG BENAY will
testify on the fact of death of the victim LEILA DE SINCO, the extent
of the injuries she incurred, the authenticity, validity and due
execution of the medico legal and autopsy report that Dr. NOGNOG
BENAY issued in connection with the victims death, and all other
related matters.

Judicial Affidavit

PRELIMINARY QUESTIONS:

I, NOGNOG BENAY, under oath, hereby answer the following

questions asked of me by Atty. ALAN PEDRO TWOLLANES, with office
address at Rm. 206 Mabuhay Bldg. Shantug Street, Baguio City. This
examination is being held at the witness residence.

Q 1: What is your name?

A: I am Dr. NOGNOG BENAY,

Q 2: How old are you?

A: Im 59 years old, Sir.

Q 3: Where do you live?

A: I hold my residence at Irisan, Baguio City.

Q 4: Are you a party in any suit?

A: No sir.
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Q 5: What is your profession?

A: I am a Medical Doctor, Sir. I am currently a Consultant of the
Surgery Department at the Baguio General Hospital and Medical
Center. I am also assigned at Baguio Health Department.

Q 6: Are you fully aware that every statement that you give will be
used in this criminal case?
A: Yes Sir. I am fully aware that any statement I give will be used in
this criminal case.

Q 7: Are you fully aware that if you intentionally answer falsely or

misleadingly any of the following questions, you may be charged with
perjury or false testimony?
A: Yes Sir, I am fully conscious that I am answering these questions
under oath, and that I may face criminal charges for false testimony
or perjury for knowingly making false statements in answering the
questions that you may ask.

Q 8: May we go over your medical training Doctor. Would you please

state where and when did you get your medical degree?
A: Sure sir. I obtained my Medicine Degree from Saint Louis
University in 1982.

Q 9: When did you take your Licensure Examination Doctor?

A: I took my Medical Board Exam on January of the same year. I
passed it on my first take.

Q 10: And after passing your Medical Board Examination, what

training if any did you undertake?
A: Sir, I cant recall all the trainings that I have had. To name a few, I
had training on Medico Legal Investigation, Masters Degree in Public
Health, and some other related training which are necessary to be
able to qualify as a Resident Physician and later on, as a Consultant
Physician.

Q 11: You just mentioned earlier that you are assigned at the Baguio
Health Department and Baguio General Hospital and Medical Center.
Are these the only government agencies you are connected with?
A: Currently, yes sir.

Q 12: What are your official designations under the said agencies?
A: Sir, I am a Consultant at the Surgery Department of the Baguio
General Hospital and Medical Center and I am also the assigned
Medical Legal Officer of the Baguio Health Department.

Q 14: Doctor, could you specify your functions and responsibilities as

a consultant at Baguio General Hospital?
A: As a Consultant Sir, cases are being referred to me for further
evaluation, care and intervention. I also oversee the actions of the
residents within my. I also join the Residents in doing their routine
rounds.

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Q 15: How about your functions as a Medical Officer of the Baguio

Health Department?
A: As a Medical Legal Officer of the Baguio Health Department, I
usually do autopsy as requested by authorities or some other
individuals Sir.

Q 16: Since when have you been connected with the Baguio Health
Department?
A: Sir, I have been connected since 1992.

Q 17: How about with the Baguio General Hospital?

A: Since 1987, Sir.

Q 18: Doc, where were you affiliated before being a Medical Officer of
the Baguio Health Department and being a Consultant at Baguio
General Hostpital?
A: I joined the Clinic of Dr. KOKON PAMINTA, Sir, before being
affiliated with Bauio General Hospital and Baguio Health Department.

Q 19: So, Doc, during those times, what are your functions in the
clinic of Dr. Kokon Paminta?
A: I perform check-ups, Sir. I also performed a range of non-invasive
and invasive diagnostic exams and procedures.

Q 20: How long did you stay at Dr. Kokon Paminta's clinic?
A: I stayed there for 3 years, Sir. After that, I was assigned as a
Resident Doctor of the Department of Surgery of the Baguio General
Hospital and Medical Center. Throughout I practised as a Resident
Physician until I was assigned as the Consultant of the same
Department.

Q 21: Doc, what are the cases you handled during those times as a
Resident Doctor?
A: I handled various cases which are usually classified as Surgical
Cases under the system that is currently being used by our hospitals.

Q 22: Doc, would you mind to define to us what Surgical Cases are?
A: Surgical Cases usually refer to illness, disorders, and injuries that
affect various organs of the abdomen, thorax, and pelvic cavities such
as liver, stomach, oesophagus, intestines, lungs, gall bladder, spleen,
urinary bladder and the passageways of the urine. Surgical Cases also
include numerous cases where abnormal growths that are detected
and located on the face and neck.

ATTORNEY: Thank you Doctor.

Q 23: Doc, how about your work experiences during your stay at the
Baguio Health Department, could you describe it to us?
A. Yes, Sir. As for my stay with the Baguio City Health Department, I
had conducted and taken part in numerous autopsies.

Q 24: Now Doctor, can you recall the exact number of autopsies or
legal examinations you have had undertaken?
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A: Sir, I cant recount the exact figure. But through all the years, I can
say that I probably performed more or less 190 cases of autopsies. I
need to go to my files in my agencys records and count how many I
have performed.

Q 25: Very well Doctor. Now, sometime on November 14, 2006, were
you on duty as a medico legal officer of the Baguio Health
Department?
A: Yes sir.

Q 26: And in connection with your duty as such, do you remember

having been requested to conduct an autopsy report on the cadaver of
a female victim?
A: Yes sir. I was requested by the Itogon Police sir.

Q 27: And would you remember the name of the victim at that said
date, November 14, 2013?
A: Yes sir. We even went to the crime scene during that time. I came to
know of her name as one LEILA DE SINCO.

Q 28: And what did you do upon arriving at the crime scene?
A: Sir, we brought the body for autopsy at Funeraria Paz.
Q 29: And based on the autopsy that you conducted on the victim, will
you kindly tell what could have been the nature of the victims death.
A: Its a violent death, sir.

Q 30: What led you to believe that the victim died a violent death?
A: Sir, the injuries inflicted upon the victims body strongly indicate a
violent death.

Q 31: Just what were the injuries that led you to believe that the
victim died a violent death?
A: Sir, I noticed upon my examination the external abrasion injuries at
the face, forehead, and upper arm of the victim. Upon further
examination, it was also determined that the cervical vertebrae are
fractured.

Q 32: Is this contained in your Autopsy Report?

A: Yes sir.

Q 33: Will you be able to identify the Autopsy Report if a copy will be
shown to you?
A: Yes sir.

Q 34: I am now showing you particular document. Can you identify

what this is?
A: Yes sir. Sir, thats the autopsy report that I completed in relation to
the death of the said victim, Leila De Sinco.

Q 35: Doctor, basing on the sketch found at your autopsy report, will
you point the portion of the body of the victim where she sustained
injuries?

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A: Alright, sir. The said injuries are located here (pointing to the face
and front portion of the left upper arm)

Q 36: May you specify to us what those injuries are Doctor?

A: I have noted 6 injuries.

The first, which is labelled as Injury no. 1 in the Autopsy Report

is a lacerated wound, linear, located at the right area running
diagonally, front forehead down to the right maxillary area, semi
rounded edges, measuring 5 cms. in length. In short, its a 5 cm
lacerate wound running from the forehead up to the right jaw.

The second injury, which is labelled as injury no. 2 in the

Autopsy Report are a group of abrasive markings on the face
scattered over the forehead and around the nose measuring 5 to 8 by
11 cms. in dimension.

The third injury, which is labelled as injury no. 3 in the Autopsy

Report are a group of nail markings or indentations scattered over the
neck of the victim. The shapes of these markings or indentations are
crescent shaped. Three markings are located on the right dorsal side
of the neck while the right dorsal side of the neck sustained 1
marking. Otherwise stated, the back of her neck has nail marks, 1 on
the left side and 3 on the right side.

The fourth injury, which is labelled as injury no. 4 in the

Autopsy Report are bruises and on the upper part of both arms of the
victim.

The fifth injury, which is labelled as injury no. 5 in the Autopsy

Report refers to fractures found in the axis of the cervical cord. There
is also basal fracture. This means that it was highly possible that the
head and neck has been twisted causing the supporting and
connecting bones of the head and neck and the spinal cord to snap.
There is also haemorrhage or bleeding on the frontal (forehead part)
and basal part of the skull.

The sixth injuries are a series of post mortem abrasion

marks located on the buttocks, upper back, scapular area and some
aspects of the legs. Most likely, these resulted as a result of the victim
having been dragged, after she was killed.

Q 37: Lets go over the first injury Doctor. What could have caused
such injury?
A: Sustaining an injury such as that suggests that the face came in
contact with something hard and sharp-edged. The sharp edge would
definitely cause the laceration.

Q 38: Could you name objects that could possibly fit such description?
A: Edge of angle bars can be one. A dull or unsharpened knife or
blade may also cause such markings.

Q 39: Is it possible that a piece of wood might inflict such injury?

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A: Yes sir. But if a piece of wood were to cause a laceration, the edges
of the wound would be a more rugged one and it is difficult to have a
straight wound. The laceration sustained by the victim was more of a
linear laceration with semi rounded edges. This indicates that is more
likely caused by a metal rather than wood.

Q 40: Now, about the third injury. You mentioned nail markings. Just
what do you mean by that?
A: Nail marks sir. The indentions or marks left when you press the nail
of your fingertips against the skin.

Q 41: What would have been the probable cause for having a nail
mark in the neck portion of the victim, Doctor?
A: It would be very probable here that her neck was grabbed from
behind using the right hand, so it would explain that at the back of
her neck, the thumb will have 1 nail on the left side, while at least 4 or
3 nails at the other side. Sir, try holding or grabbing a piece of cup
with your right hand, just like this. (The affiant grabs a thermal mug
with his right hand) You will then notice that the position and location
of the fingers. These positions resemble the marks found on the
victims neck. I can demonstrate grabbing someone elses neck from
behind with my right hand. (The affiant shows a demonstration of
grabbing a neck from the back using the right hand) As you will see, it
would match the markings on the victims neck indicating that her
neck was grabbed from behind with the assailants right hand.

Q 42: Now Doctor, lets go over the second injury. What could have
caused them?
A: Sir, the second injury is a group of abrasion markings or abrasion
wounds. Abrasion marks are produced when the skin comes in friction
with a hard object having rough surface. It is highly probable that the
victims face was rubbed against the ground, or a concrete wall or
pavement. In our vernacular, we call the injury gasgas. If I may
speak in Ilocano, Naigasgas rupa na.
Considering also that the victims neck was grabbed from
behind, it is highly possible that the assailant pushed her face against
a wall or a floor and rubbed her face in it.

Q 43: Basing now from your findings doctor, what could have caused
the death of the victim? What could have been the fatal blow or
immediate cause of death?
A: Sir, its the twisting of the victims neck. On the autopsy report, it is
labelled as the sixth injury.

Q 44: How could that be possible Doctor?

A: Sir, as mentioned earlier, there were fractures found in the axis and
basal part of the skull. Sir, the basal part of the skull is here (The
affiant simultaneously points to the sketch on the autopsy report.) So
you see sir, it is actually this part of our skull (the affiant
simultaneously touches the base or lowest part of his skull to point the
anatomical landmark). The axis sir is the first and uppermost of the
cervical vertebras. Sir, the bones in our neck are called cervical
vertebra. Vertebra is the set of bones that protect the spinal cord.
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When we say cervical it refers to the neck. All in all, there are seven
bones located in our neck. The uppermost of the cervical vertebras,
which is called axis plays a very important role as it supports and
bears the weight of the skull and the organs located within it. It allows
for the skull to twist or turn sideways but only to a certain degree.
Forcing the head to turn more than its normal range of locomotion
would mean fracturing the axis, the basal part of the skull, and
probably some of the cervical vertebras which are located closer to
the skull and snapping the spinal cord. In some sort, its the
equivalent of decapitation, which refers to the head being detached
from the neck except that it is only done internally. Once the spinal
cord snaps, all the sensory and motor functions below the damaged
cord spiral out of control. This means that when the victims neck was
twisted and her cord snapped, she was paralyzed from her neck and
downwards. She also cant feel anything. Her breathing stops, her
lungs stop expanding, and her heart stops beating. It is a violent
though painless death. It is also an instant death especially so that
haemorrhage is noted.
Usually these injuries arise when a victim is hanged or a noose
is made around a persons neck then he is thrown to the ground
without his feet actually touching it. It may also be the result of
intentionally twisting someone elses neck. It may also arise when the
face gets hit and the neck and head is forced to twist or turn
excessively. Situations similar to the aforementioned circumstances
may also cause the same injuries.

Q 45: In the victims case, how could it have been possibly done
Doctor?
A: Sir, some movies depict a common technique in twisting the neck.
In the victims case, its quite peculiar. As shown earlier, the
assailants right hand is holding and grabbing the victims neck from
behind and probably pinning her face against the ground, a wall or a
floor. It is possible that at the same time that this is being done, the
assailants left hand must have probably turned the neck or face of the
victim. It might have also been the result of a struggle as when the
victim forced to lift his head and it was pushed down forcefully
causing it to twist. It could also be possible that at the same time the
victims neck and face was pinned, her hair was grabbed and yanked
very strongly causing her neck and head to forcefully twist.

Q 46: If asked by the Court, can you demonstrate these things?

A: Yes sir.

Q 47: Now, the autopsy report noted that there were bruises on the
arms of the victim. How could she have probably sustained such
bruises?
A: Sir, most likely, those are the result of a very strong and firm grip.
The frontal and dorsal portions of both of the upper arms of the victim
appear to be bruised. I also noted as indicated on the autopsy report
that there are marks similar to nail marks similar to those found on
the victims neck. Sir, most likely, at one point the victims assailant
faced her and grabbed her arms this way (demonstrates the manner
of grabbing by calling for one person, facing him and grabbing the
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arms). This is a common way of restraining a woman. At another

point, the assailant was also holding her this way (demonstrates the
manner by calling for one person, asking him to turn so that he is
behind him, grabs the arms.) This is the most convenient and common
way of pinning a person, whether a woman or a man against a wall or
the ground or a floor.

Q 48: Now doctor, there are also marks on the buttocks and some
other parts of the victims that you indicated on your report. Just what
do these injuries indicate Doctor?
A: Sir, they indicate post mortem abrasions. It means, the body was
dragged after it was killed. After the victim was killed, she was
dragged in a supine position. Supine position means her frontal aspect
faces upwards. In our vernacular, we say nakaida or nakatihaya.

Q 49: Could these injuries be inflicted while she was still alive?
A: I hold in the negative sir. Sir there is strong indicatives on whether
an injury has been caused before or after death. When an injury is
caused before death has occurred, there are tissue reactions such as
bruising, soiling, contusions and elevations. On the contrary, when an
injury is made after death, there are no tissue reactions. Sir, its just
like cutting a meat. You would notice that there are no bruises, not
even redness when you chop or hit it. Its a different thing when the
animal is still alive. Its the same with humans sir. These tissue
reactions are visible to naked eye sir. In the injuries labelled as No. 6
sir, they are purely cuts or worn skin sir. You wont see any redness,
pinpoint bleedings or petechial, bruising, or other signs of tissue
reaction sir.

Q 50: Do you have any authority to back your claim Doctor?

A: Sir, what I have just mentioned are well known concepts in
Physiology Books. Even medical students know it. I cant recall exactly
the author or the tile of the books but if youll require me, I can bring
you good references sir.

Q 51: Now Doctor, did you try to determine if the victim got raped?
A: I did inspect the labia and vaginal canal and I noticed that there
are no frank wounds or lacerations. I was also able to obtain semen
samples but I cant really determine whether or not, there was forced
sex. Considering that the victim is already married with 3 children,
its impossible to determine whether there was rape. I can only say
that there is semen found and it indicates signs of recent sexual
activity, well within 72 hours from the time the semen was deposited.

Q 52: I have no more questions to ask of you unless there is anything

youd like to add.
A: None, sir.

SUBSCRIPTION

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I, Dr. NOGNOG BENAY , hereby state and subscribe my

signature that the above statements were all true and correct to the
best of my knowledge, and that the testimony were all given
voluntarily.

NOGNOG BENAY, MD.

Witness

CROSS-EXAMINATION
Q 1: Doctor, How many times have you appeared in court to testify as
an expert witnes?
A: This would be my first time sir.

Q 2: Just to make it clear, do you appear here as an expert witness in

order to explain to us the circumstances surrounding the death of the
victima or are you here merely to testify as to the veracity of your
autopsy examination?
A: I am here for both purposes Sir.

Q 3: OK, so based on your findings would there be any chance for you
to be able to approximate how many persons assaulted the victim?
A: I am afraid my findings would not be able to ascertain the number
of the persons who assaulted the victim Sir.

Q 4: But you firmly believe that the victims death is violent?

A: Yes Sir

Q 5: Based on the gravity of the violence inflicted, can these injuries

be inflicted by only one person?
A: Yes Sir

Q 6: Doctor, based on your findings were the injuries inflicted all at

the same time or is there proof that some were inflicted earlier than
the others?
A: The injuries appear to be inflicted simultaneously since all of them
are at the same stage of healing.

Q 7: But Doctor you said that the sixth injury in your findings was
inflicted after the victim is already dead, how come you say thay are
all at the same stage of healing
A: Sir I am reffering to the other 5 injuries.

Q 8: So doctor based on the healing process and condition of the body

of the victim, how long has the victim been dead before he was
brought to the Baguio Health Department?
A: The victim has been dead for at least three days already Sir.
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Q 9: You mentioned that you were able to get semen in her vaginal
canal, but you are not sure whether there is forced rape, correct?
A: Yes Sir

Q 10: So, despite your gruesome findings you are not convinced
whether force was used and that the only indication of the semen is
sexual activity for the last 72 hours in which you testified that the
victim is dead for at least three days?
A: Yes

Q 11: Don't you find that odd Doctor?

A: No

Q 12: OK, a while ago that the crime could have been committed by
only one person?
A: Yes Sir

Q 13: And in your explanation of how the death of the victim could
have been brought about, you explained it in such a way that it is as if
only one person did it?
A: Yes Sir

Q 14: Are you aware of how many accused persons are on trial in this
case?
A: Yes Sir, there are four of them.

Q 15: So you believe that only one of them committed the crime?
A: No Sir, I said only that it can be done by only one person but I do
not preclude the fact that it can be done by several individuals.

Q 16: Doctor, for consistency, when you explained how the victim was
killed as a result of the twisting of her head, how many person were
you reffering to on how the killing was done?
A: Only one Sir.

ATTORNEY: Thank you. No further questions

-END-

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