Republic of the Philippines

Regional Trial Court

Branch 26
San Fernando City
La Union

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM. CASE NO. 14518-13

-versus- FOR:

MURDER
RICARDO C. DALISAY,
Accused.
X--------------------------------------------------X

JUDICIAL AFFIDAVIT OF
NERINO B. DELA FUEGO

This Judicial Affidavit of Nerino B. Dela Fuego executed to serve as his direct testimony
in the instant case. The Judicial Affidavit is offered to prove: (1) all the allegations in the murder
case; including all the ANNEXES appended thereto, which he respectfully requests to be
correspondingly marked as EXHIBITS in this case; and (3) all matters related thereto, with
reservation to present additional exhibits in the course of the proceeding of the instant case.

QUESTIONS were propounded by Plaintiffs counsel, Atty. Jennifer J. Corpuz-Aquino

in English, the affiant fully understands, while ANSWERS were given by witness Nerino B.
Daciego in English.

BACKGROUND OF THE CASE

Reynaldo Jose Herrera, Jr, 21 years old, single and a resident of Poblacion, Tubao, La
Union was alleged victim of shooting incident which transpired OOA 0125H 14 September 2013
in front of the G5 Resto Bar, Quezon Avenue, Brgy. 3, San Fernando City, La Union. He was
rushed to ITRMC but was declared Dead on Arrival.

PRELIMINARY QUESTIONS

Q: Kindly please state your name, and profession for the benefit of the court.

A: I am Nerino B. Daciego,, a medical and forensic doctor.

Q: So you are a medical doctor?

A: Yes.

Q: With regards to your educational background, what is your bachelors degree and
where and when did you graduate?

A: I graduated from University of the Philippine with the degree Bachelor of Science in
Biology in the year 1990.

Q: When and where did you graduate from medical school?

A: I graduated from Saint Louis University in the year 1995.

Q: Where are you practicing your profession?

A: I am currently the medico-legal officer of the PNPs Regional Crime Laboratory

Office of La Union which is stationed at Camp Brigadier General Oscar M. Florendo.

Q: Do you have any other occupation apart from being a medico-legal officer?

A: Yes. I am also a part-time faculty of the College of Criminology and Justice at

University of the Cordilleras.

Q: What do you teach at University of the Cordilleras?

A: Forensic Medicine.

Q: How long have you been practicing your profession as Medical Doctor?

A: I am practicing my profession for the past 22 years starting 1995 after I passed my
Medical Board Examination.

Q: Did you ever have any other kind of studies, like for example graduate studies?

A: Yes. I took up Masters of Forensic Science at University of Western Australia and

graduated in 2005.

Q: What is your job description as a Medico-Legal Officer?

A: I am responsible for examining bodies and cadavers which includes murder victims.

Q: So, examination of bodies and cadavers and determining the cause of death is a part of
your job?

A: Yes, it is my primary responsibility.

Q: How long have you been doing such examination?

A: For about 16 years now.

Q: Can you recall how many cadavers have you examined so far?

A: 200 cadavers already.

Q: Is this your first time to testify as an expert witness?

A: No, this is not my first time.

Q: So how many times have you testified?

A: This is my 38th time to appear and testify as an expert witness.

Q: So with your 22 years experience in the medical profession especially at examining

cadavers and determining their cause of death, and with a graduate degree in Forensic
Science, you can say with absolute sureness that you are indeed an expert witness and is
very much qualified to testify as to the cause of death of the victim Reynaldo?
 A: Yes I am.

DIRECT EXAMINATION PROPER

Q: What were you asked to do in relation to this case?

A: As the medico-legal officer I was asked to examine the cadaver of Reynaldo Jose
Herreria Gonzales.

Q: Where did you examine the victims body?

A: I examined the victims body at the Ilocos Training and Regional Medical Center.

Q: When did you examine the body?

A: I examine the body on the 6th day of December 2008 at 7 oclock in the evening.

Q: Was that the first time you saw the body?

A: Yes.

Q: Who called you in to examine the body?

A: I was called by Chief Superintendent Fernando Botangen of Mankayan, Police Station

and he requested that I examined the body of the victim who was later identified as
Genski Vic A. Bacuingey.

Q: Can you describe the victim upon seeing it?

A: Preservation of the body is good; it is previously embalmed. Embalming incision sites

are noted in the right arm and he right upper quadrant of the abdomen. There is a scar in
the distal 3rd of the left forearm, and the venipuncture sites are noted in the left forearm
and both legs. No old surgical scars, tattoos, deformities or amputations are noted.

Q: Can you please discuss the examination you conducted on the body?

A: I conducted a post-mortem examination of the body to determine the cause of death.

Q: What were your findings?

A: My findings are as follows:

The body is that of a fairly developed, fairly nourished Filipino male appearing to
be consistent with the reported age of 51 years. The length is 62.5 inches from
crown to sole, and the estimated weight is 130-150 lbs.
There is a well-developed rigor mortis in the face, jaw, upper extremities and
lower extremities, with a dark purple and fixed postmortem lividity at the
dependent and posterior portions of the body.
The head is normocephalic, and there is evidence of a gunshot injury in the right
eye:
The bullet enters the right orbital region, piercing the right eye, and
fracturing the right orbital and right occipital bones of the skull.
It lacerates the right cerebral hemisphere of the brain. The wound track is
associated with subdural, intracerebellar and subrachnoid hemorrhages. The
trajectory is posteriorward, slightly upward and lateralward.
Abrasion, left frontal region.
Abrasion, nasal region.
 Abrasion, left periorbital region.
Abrasion of multiple abrasions, 1st digit of the right foot.

Q: Can you describe in detail the wounds inflicted in the victim.

A: When we say (1) rigor mortis, it is the stiffness of joints and muscular rigidity of a
dead body caused by depletion of Adenosine Triphosphate (ATP) in the tissues. (2)
Lividity or livor mortis is the settling of blood in the lower (dependent) portion of the
body, causing a purplish, red discoloration of the body. (3) Abrasion is a wound caused
by superficial damage to the skin, no deeper than the epidermis. It is less severe than a
laceration, and bleeding if present, is minimal.
The severity and magnitude of the injuries of the victim in the his body shows that
he suffered a great deal before he died.

Q: Based on your findings, what in your best knowledge cause the death of the victim?

A: The victim died of Intracranial Hemorrhage secondary to a Gunshot Wound in the

Head.

Q: Can you explain to us in layman terms the cause of death for the better understanding
of the court?

A: Bleeding within the brain. Brain hemorrhage is also known as cerebral hemorrhage or
intracerebral hemorrhage. Cerebral (brain) hemorrhage can occur inside the brain,
between the brain and the membranes that cover it (subdural), between the layers of the
brain's covering (subarachnoid), or between the skull and the covering of the brain
(epidural).
Intracranial hemorrhage is bleeding within the skull cavity (cranium) that usually
progresses rapidly and often results in permanent brain damage and death. All bleeding
within the skull is called intracranial bleeding, whether the bleeding occurs within the
brain itself (intracerebral hemorrhage) or in the area between the brain and the skull
(epidural, subdural, and subarachnoid hemorrhage).
Intracerebral hemorrhage is bleeding in or around the brain that occurs with high
blood pressure or trauma and as an infrequent complication of anticoagulant medications.
The most devastating intracerebral hemorrhages are those that occur in the back of the
brain near the brain stem, which controls respiration and other vital functions.
The bleeding fills the brain area very rapidly, compressing brain tissue. This often
results in brain injury and may lead to death.

Q: So based on your findings, the victim died because he was shot to the head that caused
the Intracranial Hemorrhage?

A: Yes.

Q: Doctor, are you the one who prepared, issued and signed this Medico-Legal
Certificate?

A: Yes.

(Identification of the Medico-Legal Certificate)

(Request for the marking of the certificate as Exhibit C)

Q: Do you attest to the truthfulness of your statements and allegations in this Judicial
Affidavit?

A: Yes.
 IN WITNESS WHEREOF, I have hereunto affixed my signature, this 6th day of
August year 2014 at Baguio City, Philippines.

Jaime Rodrigo Letrero Leal

Affiant

SUBSCRIBED AND SWORN to before me this 6th day of August year 2014 at
Baguio City, Philippines, and I hereby certify that I have personally examined the affiant
and that I am convinced that he understood and voluntarily executed this Judicial
Affidavit.

Copy Furnished:

Atty. Rechille A. Mariano

Puso ng Baguio Building
Session Road, Baguio City

THE CLERK OF COURT

Regioal Trial Court, Branch 21
La Trinidad, Benguet

ATTESTATION

I, ATTY. AZELL ALEXIS F. ABERIN, of legal age, single, and a resident of

Gibraltar, Baguio City, after duly sworn to in accordance with law, hereby depose and say that:

(1) I am the counsel for the Republic of the Philippines in Case No. 14518-13
(2) I faithfully recorded or caused to be recorded the question I asked and the
corresponding and the corresponding answers that the witness gave for his Judicial
Affidavit; and
(3) Neither I nor any other person then present or assisting him coached the witness
regarding the latters answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 6 th Day of August

2014, Baguio City, Philippines.

ATTY. AZELL ALEXIS F. ABERIN

Affiant

Subscribed and Sworn to before ne this 6th day of August 2014, Baguio City, Philippines,
affiant exhibited her IBP ID No. 8181990 as her competent evidence of identity.

Doc No. 123. NOTARY PUBLIC

Page No. 456.
Book No. 789.
Series of 2014.