REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE PADRE FAURA, MANILA HORACIO CASTILLO JR. AND CARMINA CASTILLO, Complainants, - versus - LS. No. XVI-INQ-171-00124 JOHN PAUL SARTE SOLANO, ET. AL, Respondents. x JUDICIAL AFFIDAVIT |, ATTY. FLORESTO P. ARIZALA, JR., MD., of legal age, Filipino, and with postal address at at #61 Vinzons cor. Chioco Agelor Triangle, Phase 2, BF Homes, Parafiaque City, upon due examination conducted by Atty. George lan Balubar (Atty. Balubar) at the aforestated address, do hereby depose and say that | am answering the questions of Atty. Balubar fully conscious that | am under oath, and may face criminal liability for false testimony or perjury, and declare this to be my judicial affidavit executed in accordance with A.M. No. 12-8-8-SC: OFFER OF TESTIMONY: The testimony/sworn statement of the witness is being offered to prove: (1) that the Medico-Legal Report No. H17-042 prepared and signed by Police Superintendent Joseph C. Palmero, MD, FPSMS, from the Philippine National Police, National Headquarters Crime Laboratory Office, Medico-Legal Division, Camp Crame, regarding the death of Horacio Tomas T. Castillo II! (Horacio) is false and misleading and the same cannot be used as evidence to prove the cause of death of Horacio; (2) that the cause of death due to hazing of Horacio as provided in the said Medico-Legal Report No. H17-042 is hearsay and without factual and medical basis; (3) that said Medico-Legal Report No. H17-042 is contrary to the Medico-Legal Report No. M-2017-499 prepared and signed by Police Chief Inspector, Medico- Legal Officer Mesalyn Milagros Ripa-Probadora, MD, of the Manila Police District (MPD), Crime Laboratory Office; (4) that the Histopathological Findings (Histopath Findings) in said Medico-Legal Report No. H17-042 regarding Acute Tubular Necrosis (ATN) and Congestion, kidneys, is false and without factual and medical basis; (5) that the injuries suffered by Horacio on both his upper limbs will not cause ATN; (6) that the Histopath Findings in Medico-Legal Report No. H17-042 of Normal Histology of heartis false and without factual and medical basis; (7) that the cause of death of Horacio cannot be attributed to ATN or traumatic injuries; and (8) that the cause of the death of Horacio is Hypertrophic Cardiomyopathy (HCM). QUESTIONS and ANSWERS: 1. Q A Please state your profession? lam a doctor and a lawyer by profession. Where did you study medicine and when did you obtain your license? | studied Medicine at the University of Santo Tomas (UST) and finished it on the year 1979. | passed the board and I was given a license on 1980. Do you have any specialization in medicine and when did you obtain your full license to practice the same? | am a licensed Surgeon, | studied surgery from 1981 to 1986. | am also a Medico-Legal. Please state you legal background and when did you become a member of the Philippine Bar? | studied law at the Arellano University College of Law from 1992 until 1998. | was admitted to the bar on the year 1999. As a Medico-Legal, where did you work? I worked as a Medico-Legal Officer with the National Bureau of Investigation (NBI) from 1987 until my retirement last November 25, 2016. Please state your career history during your employment with the NBI? | entered the National Bureau of Investigation on 1987 as a Medical Legal Officer Ill. Otherwise stated, | am a Medico-Legal Officer at the NBI’s Medico-Legal Division. | worked at the NBI from 1987 until my retirement on November 25, 2016. During my early stint at the NBI, | was designated as the Medico-Legal Officer III (MLO III) from 1991 until 2007. From the year 2008 to 2011, | became the OIC/Acting Chief of the Medico-LegalDivision of the NBI. From mid 2011 until my retirement on November 25, 2016, | was the Chief of the NBI Medico-Legal Department with a designation of Medical Specialist V, the Highest Position at the NBI’s Medico-Legal Department. | was also sent to various seminars and conventions abroad by the NBI for my career advancement and the latest development on the Medico-Legal field. | am also active in conducting medical science lectures on the import of the admissibility of DNA evidence especially in the Philippine legal system. The DNA evidence was my brainchild after presenting it before the Supreme Court which later paved the way for the Supreme Court to pass and adopt A.M. 06-11-5, or otherwise known as the DNA Evidence Rule. | was a former faculty member in the College of Law of Arellano University, Pamantasan ng Lungsod ng Maynila and San Beda College, Alabang, teaching Legal Medicine subject. In my profession and during my work with the NBI, | have personally conducted and handled the autopsy examination of more than 2,000 cadavers/bodies of dead persons involving various crimes against persons. | have personally conducted and handled the autopsy examination on the death of the late Leonardo “Lenny” Villa who is a hazing victim and | was actively involved in the prosecution of the accused in the Lenny Villa case. On account of which, | am very familiar and expert about the examination of physical/traumatic injuries resulting to Acute Tubular Necrosis (ATN) and that from the picture alone of person who suffered physical/traumatic injuries, | will be able to make an opinion and conclusion if the physical/traumatic injuries can and will cause ATN. As a Medico-Legal, will you be able to give your expert Medico-Legal Opinion regarding the death of a certain Horacio. Tomas T. Castillo Il! (Horacio) on the basis of the Medico-Legal Reports made on the cadaver of Horacio? Yes. | am showing to you this Medico-Legal Report No. M-2017-499 prepared and signed by Police Chief Inspector, Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, of the Manila Police District (MPD), Crime Laboratory Office, please go over this Medico-Legal Report No. M-2017-499 and tell us what are10. Q the significant findings in this Medico-Legal Report for the purpose of determining his cause of death? The significant findings in this Medico-Legal Report No. M- 2017-499 for the purpose of determining his cause of death are as follows: (a) Provisional Anatomical Diagnosis: Horacio has Hypertrophic Cardiomyopathy (HCM); (b) Heart is grossly enlarge and weighs 450 grams and is covered with moderate amount of epicardial fat. The cardiac chambers arsenal dilated. The left ventricle is 2.5 cm and the right ventricle is 1.5 cm thick. The septum is 3 cm thick. Its external surface is smooth, shinny, firm inconsistency. The vascular circumferences are as follows: Aortic valve - 8 cm, Pulmonary valve - 7.5 cm, Mitral valve - 10 cm and Tricuspid valve - 14 cm. Coronary arteries are patent; and (c) Both kidneys weigh 200 grams each. Its external surface is reddish brown in color, smooth and firm. The capsules are stripped-off with ease leaving a fine granular cortical surface and cut section reveal a well defined cortico-medullary junction. Why did you say that what you have mentioned earlier are significant findings for the purpose of determining the cause of death of Horacio? They are significant findings because the findings that Horacio has HCM is consistent with the findings that he has grossly enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm, while the anatomical findings that he has grossly normal kidney means that he did not suffer from any severe traumatic injuries. As Medico-Legal, do you know what is the procedure to follow in determining the weight of the heart and the thickness of the ventricle? on11, 12. 13. 14, 15. 16. Q So, what is the procedure that you have to follow to determine the weight of the heart and the thickness of the ventricle? To determine the weight of the heart and the thickness of the ventricle, the Medico-Legal Officer will have to make actual viewing and weighing of the heart and measurement of the ventricle to determine its thickness. So, in the case of the autopsy examination of the cadaver of Horacio, the Medico- Legal Officer PC| Mesalyn Milagros Ripa-Probadora, MD, conducted an actual viewing and weighing of the heart of Horacio and she likewise made actual measurement of the ventricle of his heart to determine its thickness. What is the significance of the findings that Horacio has grossly enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm? The said finding is a confirmation of the finding that Horacio has HCM. How about the anatomical findings that Horacio has a grossly normal kidney, do you know what is the procedure that was followed to make such anatomical findings on his kidney? Yes. What is the procedure that was followed to make such anatomical findings on his kidney? There was an actual viewing and examination of the kidney of Horacio. In this Medico-Legal Report No, M-2017-499, there is a remark therein “Pending Histopathological Examination,” what is Histopathological Examination? Histopathology is the examination of tissues from the body under a microscope to spot the signs and characteristics of disease. Histology is the study of tissues, and pathology is the study of disease. If you will be shown the Histopathological Findings made on the tissue of Horacio, as such Medico-Legal Officer, will you be able to explain to us the said Histopath Findings?Bh 18. 19. 20. 21, Pm Yes. | am showing to you this Medico-Legal Report No. H17-042 prepared and signed by Police Superintendent Joseph C. Palmero, MD, FPSMS, please go over this Medico-Legal Report No. H17-042 and tell us what did you find from it? There is an out of this world finding in this Medico-Legal Report No. H17-042. What is this out of this world finding in this Medico-Legal Report No. H17-042? This out of this world finding is that Horacio’s death is due to hazing. Why did you say that Horacio’s death is due to hazing is out of this world finding? | said it so because the same has no factual and medical basis. It is not supported by the finding in the Medico-Legal Report No. H17-042. The Pathologist that makes the finding that Horacio’s death is due to hazing has no personal knowledge about any alleged hazing and thus it is out of this world for him to make such kind of finding. What can you say now to the finding that Horacio’s death is due to hazing? The said finding is completely hearsay and speculative, and it cannot and should not be made as legal basis for filing a criminal case. Aside from the said out of this world finding, what other significant findings, if any, did you find in the Medico-Legal Report No. H17-042? | have found the finding of Normal Histology on heart as false, speculative and/or inconclusive. Why did you say that the finding of Normal Histology on heart as false, speculative and/or inconclusive? | find the same as false, speculative and inconclusive because there is no factual and medical basis for it. The Histopath23. 24, 25. Findings that Horacio has normal heart is a mere speculation and conclusion and the same is contrary to the Anatomical Finding in the Medico-Legal Report No. M-2017-499 which says that Horacio has enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm. In the absence of factual and medical basis for making conclusion in the Histopath Findings that Horacio has a normal heart, | submit that the Anatomical Finding that Horacio has enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm must prevail. Why did you say that in the absence of factual and medical basis for making conclusion in the Histopath Findings that Horacio has a normal heart, the Anatomical Findings that Horacio has enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm must prevail? | said it so because in making the Anatomical Findings in the Medico-Legal Report No. M-2017-499 that Horacio has enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm, there was an actual viewing and weighing as well as measurement made on the heart of Horacio made by the Medico-Legal Officer. What else, if any, did you find significant in the Histopath Findings provided in the Medico-Legal Report No. H17-042? | also found as without factual and medical basis the Histopath Findings of Acute Tubular Necrosis (ATN) and Congestion, kidneys. Why did you say that the Histopath Findings of ATN has no factual and medical basis? | said it so because upon examination of the colored pictures of the cadaver of Horacio submitted by the Manila Police District (MPD) to the Department of Justice, | found out that he suffered traumatic injuries only on both his upper limbs and he did not suffer injuries in other parts of his body especially on his lower limbs. As a Medico-Legal, | know from my long experience that the injuries suffered by Horacio on both his upper limbs will not be enough to cause ATN.26. 27. 28. 29. 30. 31, a Under your present oath, will you confirm and affirm that the injuries suffered by Horacio on both his upper limbs will not be enough to cause ATN? Yes, | am very sure of it because the injuries on both his upper limbs are small and not severe to cause ATN. If the injuries suffered by Horacio on his both upper limbs will not be enough to cause ATN, what is its significance in the death of Horacio? It means that the death of Horacio could not be attributed to kidney failure or traumatic injuries. By the way, do you have any evidence to show that the injuries suffered by Horacio on both his upper limbs are small and not severe to cause ATN? Yes. What evidence do you have to show that the injuries suffered by Horacio on both his upper limbs are small and not severe to cause ATN and/or to cause death due to traumatic injuries? The pictures of the cadaver of Horacio submitted by the MPD to the DOJ showing that the injuries on both his upper limbs are small and the Medico-Legal Report No. M-2017-499 prepared and signed by PCI Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD. Why did you say that the Medico-Legal Report No. M-2017 499 prepared and signed by PCI Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, is an evidence that the injuries on both his upper limbs are small and not severe? | said it so because the said Medico-Legal Report No. M-2017- 499 of PCI Medico-Legal Officer Mesalyn Milagros Ripa~ Probadora, MD, did not state or specifically indicate that the “Blunt Traumatic Injuries Right And Left Upper Extremities” of Horacio are “SEVERE.” The word SEVERE was indicated only on the Medico-Legal Report No. H17-042 prepared and signed by the Pathologist Police Superintendent Joseph C. Palmero. It appears that there is another conflict/discrepancy between the Medico-Legal Report No. No. M-2017-499 of PCI Medico-Ey Q@ Legal Officer Mesalyn Milagros Ripa-Probadora, MD, and the Medico-Legal Report No. H17-042 prepared and signed by the Pathologist Police Superintendent Joseph C. Palmero with respect to the traumatic injuries suffered by Horacio, what can you say to such conflict/discrepancy? | submit that the Medico-Legal Findings of PCI Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, with respect to the degree of injuries suffered by Horacio must prevail over the findings of Pathologist Police Superintendent Joseph C. Palmero because Medico-Legal Officer Mesalyn Milagros Ripa- Probadora, MD, was the one who personally made an actual viewing and examination of the said injuries of Horacio. As a Medico-Legal Officer, | am sure that Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, personally viewed and examined the injuries of Horacio during the autopsy examination, and she did not find that the injuries of Horacio as severe and that is why she did not state the word SEVERE in her Medico-Legal Findings. So, what can you say now to the Medico-Legal Report No. H17- 042 prepared and signed by the Pathologist Police Superintendent Joseph C. Palmero that Horacio suffered “SEVERE BLUNT TRAUMATIC INJURIES, BOTH UPPER LIMBS”? | submit that the used by the Pathologist Police Superintendent Joseph C. Palmero of the word “SEVERE” to describe the injuries suffered by Horacio is false, hearsay and speculative because he did not personally viewed and examined the injuries suffered by Horacio as the one who made the personal viewing and examination of those injuries was Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD. What has been examined by the Pathologist was only the tissues taken from Horacio and it could not be determined from those tissues the degree of the injuries suffered by Horacio. The best evidence of the degree of the injuries suffered by Horacio is the result of the personal viewing and examination of the injuries conducted by Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, and the latter did not state in her Medico-Legal Findings that the injuries suffered by Horacio as SEVERE and thus this Medico-Legal Findings of Medico-Legal Officer Mesalyn Milagros Ripa-Probadora, MD, must prevail.=. 34. 35. 36. 37. 10 Considering the said injuries suffered by Horacio are not SEVERE, do you know if those injuries will be fatal or cause the death of Horacio? The subject injuries suffered by Horacio are not fatal and the same will certainly not cause the death of Horacio. Aside from traumatic injuries, do you know if there could be other possible cause or causes of ATN? Yes. What could be the other cause or causes of ATN? ATN is a fatal condition and the same could be caused by other factors such as but not limited to failing heart, toxic medicines excreted through the kidneys and artificially prepared foods or junk foods which are toxic to the kidneys. In the Histopath Findings set forth in Medico-Legal Report No. H17-042 prepared and signed by the Pathologist Police Superintendent Joseph C. Palmero, do you know if the other possible cause or causes of ATN such as failing heart, toxic medicines excreted through the kidneys and_ artificially prepared foods or junk foods which are toxic to the kidneys were ruled out in the Histopath Findings? No, the Pathologist did not rule out in his Histopath Findings the other possible causes of ATN such as failing heart, toxic medicines excreted through the kidneys and artificially prepared foods or junk foods which are toxic to the kidneys. It is a fatal mistake on the part of the Pathologist because in so failing, it could no longer be determined with certainty the possible cause or causes of ATN. What is the effect of the failure of the Pathologist to rule out in his Histopath Findings the other possible causes of ATN such as failing heart, toxic medicines excreted through the kidneys and artificially prepared foods or junk foods which are toxic to the kidneys? It means that his Histopath Findings of ATN and/or that the cause of death is due to “Severe Blunt Traumatic Injuries, Both Upper Limbs,” are false, hearsay and merely speculative. A good, independent and thorough Histopath Findings must rule38. a. 40. 41. Q: uw out the other possible cause or causes of ATN such as failing heart, toxic medicines excreted through the kidneys and artificially prepared foods or junk foods which are toxic to the kidneys. Considering the subject Histopath Findings failed to rule out the other possible causes of ATN such as failing heart, toxic medicines excreted through the kidneys and_ artificially prepared foods or junk foods which are toxic to the kidneys, what can you say now to the subject Histopath Findings regarding the death of Horacio? | submit that the subject Histopath Findings regarding the death of Horacio cannot and should not be used as evidence in any manner whatsoever to prove that the death of Horacio was due to ATN caused by traumatic injuries and/or due to “Severe Blunt Traumatic Injuries, Both Upper Limbs,” because the subject Histopath Findings are false, hearsay and purely speculative. Speculation is not and cannot be an evidence. If the death of Horacio could not be attributed to kidney failure and/or traumatic injuries, in your long experience as Medico Legal, what in your Medico-Legal Opinion is the most likely probable cause of the death of Horacio? In my long experience as Medico-Legal and considering the clear finding in the Anatomical Findings in the Medico-Legal Report No. M-2017-499 which says that Horacio has enlarged heart weighing 450 grams with the thickness of the left ventricle at 2.5 cm., | submit that the cause of the death of Horacio is due to HCM which is consistent with the cause of death set forth in his Certificate of Death. Are you ready and willing to affirm and confirm the statements/answer you have given in this judicial affidavit? Yes, | am ready and willing to affirm and confirm the statements/answer | have given in this Judicial Affidavit. On the last page of this judicial affidavit, there is a signature over the name Atty. Floresto P. Arizala, Jr., MD., whose signature is this? This is my signature, Sir.12 IN WITNESS WHEREOF, | have hereunto affixed my signature this 14th day of November 2017 inpaRANAQUE aie , JR., MD. SUBSCRIBED AND SWORN to before me this 14th day of November 2017 in PARARAG EO . Affiant exhibited to me his 2&¢ AID #762) issued by the on ; ea A D.PEGSON i ‘CITY OF PARAN. contd rut AE ISAS 2 ey i BFA 6, 0067381; PARANAQUE cITY:O2- ei f ty RO SREY Son) TO AE SENS oS NOTARICIA GROVE MULTINATIONAL VILLA : ‘ACACIA! GROVE MULTE Subscribed, and sworn to before me Notary Public for and in PARANAQUE UT ¥ affiant exhibiting to me his with expiration on PUBLIC PROSECUTOR13 ATTESTATION |, George tan Balubar, of legal age, Filipino, with principal office address at Acacia Grove Bldg., Multinational Avenue corner Judea St, Multinational Village, Parafiaque City, after being sworn in accordance with law, depose and say that: 4. | conducted the recorded examination of Atty. Floresto P. Arizala, Jr., MD., on the basis of written questions | have provided to the ‘said witness on 14 November 2017 at Parafiaque City, a That the witness was not coached during the entire time of his examination, and he freely and voluntarily gave his answers to the questions based on his personal knowledge. IN WITNESS WHEREOF, | have hereunto affixed my signature this 14th day of November 2017 in ; corde \nWextUbar SUBSCRIBED AND SWORN to before me this___ day oNOV.1_ 4201? 2017 in __PARANAQUE CIT} Affiant exhibited to me his te 4/0 F- 020. 324) __ issuer issued by and with expiration NOTARY PUBLIC Doc. No. _23/; ante Page No. _G; se GOL NG arose 01-10-12 is a Unerie ae ALARA nag erg 5: 2017 Book No.1 PTR Ne SOL OF ATTORNEY SO SOePE a1 2018 Series of 2017. NOTA GA GROVE UL TNATiOnAL VILAG LAGE