CLERK: Please stand, the court is in session, judge Dapadap presiding, silence is in enjoined

JUDGE:

CLERK: (court prayer)

JUDGE: call to the case

CLERK: people of the Philippines vs. Alvic Kenneth Tagadiad for murder, under criminal case No. L-25989

(The judge will say appearances… the lead council of the prosecutor will say.)

LEAD PROSECUTOR: good morning your honor, I am the lead council of the prosecution Atty. JIEMBERT VILLEGAS,
together with my collaborating prosecutors Atty. USMAN and Atty. VERGARA. Your honor we are
ready to present our witnesses.

LEAD DEFENSE: good morning your honor, I am the lead defense council Atty. KENT TOLLEDO together with my
collaborating defense council Atty. VERTUDAZO, Atty. UGAY and Atty. TRONIADO

JUDGE: call the witness

CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth?

WITNESS: yes I do

CLERK: Please state your name and other personal circumstances.

WITNESS: Your honor, I am Dr. TRONIADO JOMARIE of the NBI crime laboratory

PROSECUTOR: with your kind permission your honor, the purpose of the testimony of Dr. TRONIADO JOMARIE will
testified that arsenic oxide is soluble in lye and was found on the body of the victim your honor.

PROSECUTOR: Your honor, we will offer our pre-trial brief, we will request your honor that our pre-trial brief will be
marked as exhibit “A”, the signature above the written name be bracketed and mark as exhibit “A-1”.

Your honor, we will also offer our judicial affidavit as part of our direct examination. Your honor, may we
know if the defense council will accept our judicial affidavit as part of our direct examination.

DEFENSE: your honor we will not admit the judicial affidavit as part of the direct examination. The prosecutor will
orally examine their witness

PROSECUTOR: Your honor, we will know if the defense will accept the qualification of our witness.

DEFENSE: we will not admit your honor. The prosecutor will qualify personally in this honorable court their witness

JUDGE: prosecutor qualifies your witness.

PROSECUTOR: with your kind permission your honor, may I proceed?

JUDGE: proceed.

PROSECUTOR: Mr. Witness, what is your highest educational attainment?

WITNESS: I am a doctor of Science Major in Toxicology at University of Castlevania at Germany, and I also obtained
my PhD. At the Korea Advanced Institute of Science and Technology. Korea. I also graduated in
University of the Philippines College of Medicine and acquired my MD there. I have bachelor’s degree in
forensic science and chemistry

PROSECUTOR: How many years you are connected at the national bureau of investigation R10?

Witness: I have been in the service for eleven years

Prosecutor: In that 11 years, tell this honorable court, what are your training relevant to the Forensic Toxicology?
WITNESS: I have finish my medical residency in Manila Doctors Hospital and also a Board Certified Toxicologist

PROSECUTOR: Aside from your training Mr. witness, do you have any license from government regulating body?

WITNESS: yes sir, I have my PRC license as Chemist.

PROSECUTOR: do you have a license with you in your position?

WITNESS: yes sir.

PROSECUTOR: your honor, I want to confirm whether the defense counsel will admit that the Xerox copy is a faithful
reproduction of the original.

DEFENSE: we will admit your honor that was a faithful reproduction from the original

PROSECUTOR: Your honor may I request that the photocopy of the PRC ID will be marked as our exhibit “B” that
signature above the written name of the PRC commissioner be bracketed and mark as exhibit “B-1”

PROSECUTOR: Mr. Witness, how many times you conducted an examination related to this case?

WITNESS: more than 100 times sir.

PROSECUTOR: How many times you are testifying in courts as Medical examiner?

WITNESS: more than 90 times sir.

PROSECUTOR: In those 90 times you are testifying, did the court declared you as expert witness?

WITNESS: in several times I am testifying sir, the court admit my findings and there were several courts declared
me as an expert witness.

PROSECUTOR: That’s all your honor for the qualification of my witness.

PROSECUTOR: may I proceed your honor for the direct examination of our witness?

JUDGE: proceed.

PROSECUTOR: Mr. Witness, why are you here today in this court?

WITNESS: because I receive a subpoena duces tecum to appear today and testify in relation to this case.

PROSECUTOR: do you have the copy of the subpoena?

WITNESS: yes sir.

PROSECUTOR: your honor, may request that the subpoena given to me by the witness be mark as our exhibit “C” and
the signature above the written name of the clerk of court be bracketed and mark as our exhibit “C-1”.

PROSECUTOR: on the other hand Mr. Witness, who paid your transportation in coming here in this court?

WITNESS: myself sir.

PROSECUTOR: Mr. Witness, do you remember where you were on March 10 2022 at about 10 o’clock in the morning?

WITNESS: I was in duty at the NBI 7 together with my 2 colleague

PROSECUTOR: While you are in duty, do you remember what transpired?

WITNESS: yes sir, we received a memorandum from regional director of NBI region 10 Cagayan De Oro for the
laboratory examination of the person suspected for poison intake

PROSECUTOR: Do you have a copy of the said memorandum?

WITNESS: yes sir.

PROSECUTOR: showing to you this memorandum, what was the relation of this memorandum you are saying while
ago?

WITNESS: that was the same memorandum sir.

PROSECUTOR: why are you saying that was the same memorandum?

WITNESS: because I was personally present when it was delivered by the requesting party and when it was
received by the clerk at the NBI office 10

PROSECUTOR: You honor, may I request that memorandum of NBI 10, Cagayan De Oro will be marked as our exhibit
“D” and the signature above written name of the requesting party be bracketed and mark as exhibit “D-
1”. The time and date of the stamp received by the NBI 10 be bracketed and marked as exhibit “D-2”
and the signature of the receiving officer of the NBI 10 on the stamp pad receive be bracketed and mark
as our exhibit “D-3”.

PROSECUTOR: Mr. Witness, what was the condition of the person when it was delivered in your office at the NBI 10?

WITNESS: the person was already dead

PROSECUTOR: Mr. Witness, what was the standard procedure in your office when you received a body for laboratory
examination?

WITNESS: since the body was already dead, I conducted an autopsy and collect some specimen to determine the
presence of poison. Upon various number of analysis and repeated procedures I finally found what type of poison did
the person intake.

PROSECUTOR: Mr. Witness, tell us in this honorable court, what type of poison was it

WITNESS: it was arsenic oxide

PROSECUTOR: No more question your honor, our witness is ready for cross examination by the defense counsel.

DEFENSE: with the kind permission of the honorable court, may I proceed your honor?

JUDGE: proceed

DEFENSE: Mr. Witness can you tell us what kind of chemical is the arsenic oxide

WITNESS: Arsenic oxide is an amphoteric oxide and its aqueous solutions are weakly acidic. Thus it dissolves
readily in alkaline solutions to arsenites.

DEFENSE: Mr. Witness, how can you be certain that Arsenic oxide is soluble in lye?

WITNESS: like I said arsenic oxide is amphoteric oxide and its aqueous solutions are weakly acidic, it dissolves
readily in alkaline solutions, since lye is a strongly alkaline substance used in cleaning and in making soap therefor
arsenic oxide is soluble in lye.

DEFENSE: by the way Mr. Witness do you know the victim of this case?

PROSECUTOR: objection your honor, that was not asked during my direct examination your honor, that is irrelevant
question your honor.

DEFENSE: your honor please, I want to know the credibility of the witness your honor and lay down the basis of my
predicate considering on the gravity of the offense charged of my client your honor.

JUDGE: wait for ruling of court

DEFENSE: Mr. Witness, do you agree with me that there is not harmful arsenic?

WITNESS: yes sir

DEFENSE: can you tell us what is it?

WITNESS: there is one in the form of organic arsenic

DEFENSE: gives us an example of that one organic arsenic

WITNESS: arsenobetaine found in seafood are not known to be toxic to humans

PROSECUTOR: objection your honor, no basis on the defense to question the form of arsenic

DEFENSE: with due highness and respect your honor, the defense your honor want to know whether the victim
intake like those found in seafood

JUDGE: wait for the ruling

DEFENSE: the one you found on the body of the victim, was it arsenobetaine?

WITNESS: no sir

DEFENSE: tell us why

WITNESS: arsenobetaine is a natural product in seafood, while the one we found in the body of the victim were
needed to be solute using some alkaline solutions.

DEFENSE: no more question your honor

JUDGE: any redirect?

LEAD PROSECUTOR: no more re direct your honor.

JUDGE: any re-cross?

LEAD DEFENSE: no re-cross your honor

JUDGE: Our next hearing will on April 6 2022