REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 7, BATANGAS CITY

PEOPLE OF THE PHILIPPINES

Plaintiff.

- versus –
CRIMINAL CASE NO. 123456-07
HERMAN YAKIS FOR: RAPE
Accused.

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JUDICIAL AFFIDAVIT
OF DR. RUSH YUVIENCO

I, DR. RUSH YUVIENCO, of legal age, single, a government physician, medico-legal officer and a
resident of Novaliches, Quezon City, after having been sworn to in accordance with the law do hereby
depose and state:

That Atty. ___________, a resident of ___________________, is the counsel who conducted

and supervised my examination as a witness at his office at ____________________________;

That I am answering the questions herein fully conscious that I do so under oath and that I may
be criminally liable for false testimony or perjury;

The following are the Questions propounded by Atty. _____________ and my answers in the
English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Please state your name and other personal circumstances for the record.
A2: I am Dr. Rush C. Yuvienco, of legal age, single, and a medico-legal officer for the National Bureau of
Investigations stationed at the NBI Headquarters in Taft Avenue, Manila.

Q2: How long have you been practicing your profession?

A2: For almost Ten (10) years already.

Q3: Where are you presently employed?

A3: At the NBI Headquarters.

Q4: What position do you currently hold?

A4: I am the Senior Medico-Legal officer in the said government institution.

Q5: Have you examined rape victims or persons alleging to be rape victims before?
A5: Yes sir.

Q6: Have you ever examined a woman by the name of Juana Dela Cruz?
A6: Yes sir. I have examined Juana Dela Cruz after she complained to the Makati City Police that she had
been raped on 27 May 2018. It took her two (2) days before she reported the incident to the authorities,
specifically on 29 May 2018. She was then prompted and escorted by the Makati City Police to my office
at the NBI Headquarters.

Q7: Could you describe her physical built?

A7: She was of small, lithe frame and built, 5 feet 3 inches in height, of fair complexion.

Q8: What was your finding after conducting a medical examination of her?
A8: After examining her body, the vulva sustained hematomas indicative of forced entry of a blunt
elongated and cylindrical object like the shaft of a male penis. The hymen was likewise bruised and I
found that she suffered from a complete laceration with a sharp coaptable at a 9 o’clock position within
the vaginal wall. The laceration is about two (2) days old. With the help of some localized anesthetics, I
was able to observe beyond the vaginal canal and with some smear samples from the uterus, traces of
spermatozoa with low motility and/or are on the brink of perishing can be found.

Q9: Did you find any injuries on her body?

A9: Yes, sir. Hematoma at the right side of her neck, indicative of being strangled.

Q10: Did you prepare a medical report or certificate showing such findings?
A10: Yes, sir.

Q11: I have here a document from the NBI entitled Medico-Legal Certificate dated 6 June 2018, is this
familiar?
A11: Yes, sir.

Q12: At the bottom of this document entitled Medical Certificate, there appears to be a name, Rush
Yuvienco, M.D., M.P.H., F.I.C.S. with a signature over it. Is this your name and signature?
A12: Yes, sir. That is my name and signature.

(Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit
“____________”.)

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________________ at

_______________ City, Philippines.

RUSH YUVIENCO, M.D., M.P.H., F.I.C.S.

Affiant

SUBSCRIBED AND SWORN to before me, this _________ day of __________ 2018 at
______________ City, Philippines, affiant exhibiting to me his Passport No. 87654321 issued at Manila
on 23 February, 2015.

ATTY. ____________________
Asst. Provincial Prosecutor
________ City, ______________

ATTESTATION OF LEGAL COUNSEL

I, _______________, _______________, ___________ City, after having been sworn to in

accordance with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that witness, Dr. Rush Yuvienco gave;

2. That I have not, nor any other person present or assisting coached the witness regarding the
witness’ answers; and

3. That I fully understand that any false attestation shall subject me to disciplinary action,
including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___________ day of ________
2018 at _________________ City, Philippines.
 ATTY. ___________________
Counsel for the State

SUBSCRIBED AND SWORN to before me this __________ day of __________ 2018 in the City of
_________, by Atty. __________, exhibiting to me his ______________ issued at __________ City on
___________, 2018.

ATTY. PEDRO SANTIAGO

Notary Public
My Commission Expires 31 December 2019
Roll of Attys. No. 654321
IBP No. 100771, 1/2/2013, Makati City
PTR No. 127602, 1/7/2013, Makati City

Doc. No. 1234

Page No. 56
Book No. 7
Series of 2013