RE-EXAMINATION OF SEVERAL PHOTOGRAPHS OF MARIJOY CHIONG AND HANDCUFFS 

SUBJECT:  
          Re-examination of several photographs of Marijoy Chiong and handcuffs inside the Court Room of Honorable Martin A. Ocampo, Judge of the Regional Trial Court, 7th Judicial Region, Branch 7, Cebu City. 

REQUESTING PARTY: 
          Atty. Sisinio Andales and Atty. Eric Clarin 

DATE AND TIME EXAMINED: 
          January 8, 1999     2:00 to 5:00 p.m. 

          1. The undersigned is an independent Firearms And Toolmark Examiner in Private Practice and a Registered Criminologist license by the Professional Regulation Commission (PRC), License No. 702 and currently Professor in the Philippine College of Criminology and Manuel L. Quezon University and conducting review classes for Licensure examination for Criminologist and a life member of the Association of Firearm and Toolmark Examiner (AFTE) U.S.A. 

          2. The undersigned's training includes more than 17 years as a Ballistics Expert in the National Bureau of Investigation (NBI). The undersigned had also been recognized as an expert in Firearm identification and instructor in Firearms Safety Course in the NBI Academy, National Police Commission (NAPOLCOM) and Philippine National Police Academy (PNPA) and a sharpshooter that won several awards.

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          The undersigned was also a Firearm and Toolmark Examiner for 15 years in the Ministry of Interior, Public Security, Criminal Evidence Department in the Kingdom of Saudi Arabia wherein he conducted crime scene reconstruction and Toolmark examinations.

          3. Since accumulating the necessary areas of knowledge and experience and offering his expertise as a Firearm and Toolmark Expert and Consultant, the undersigned had been recognized and had testified in different courts of the country and in the Military Tribunal since 1965 to 1981.

FORMAL REPORT OF AN EXPERT OPINION:

BASIS: 
          The undersigned's services was requested by the defense counsel to examine certain physical evidences presented by the prosecution in connection with the death of Marijoy Chiong and to render, if possible expert opinion on the same.

          The experience of the undersigned as a Firearm and Toolmark examiner covers analysis of handcuffs recovered in the scene of the crime. Thus, the undersigned's report in this case will focus on the handcuffs found attached to the left wrist of Marijoy Chiong and photographs showing said handcuffs still attached to her left wrist. 

          It must be noted that the fragmentation grenade to which the undersigned was assigned to analyze was not examined due to the insufficient time set by the court.

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          The observation of the undersigned on the aforestated material evidences are elucidated below. Since the undersigned did not have access to the other evidences with which to correlate his observations, it must be emphasized that the observations, findings and conclusions proffered in this report are based upon the data that were made available to him only to this date. These observations, findings and conclusions are subject to modification if other relevant data which could properly mandate such modification is submitted to the undersigned. 

OBSERVATION:

          1. Through the aid of a magnifying lens, the undersigned noticed that on the photographic images of the dead body of Marijoy Chiong taken on the Carcar site, the swivel of the handcuffs was clamped at one of the branches of a fallen tree located behind the body. The undersigned however, could not definitely tell the said pictures if the swivel was closed and locked to the branch. 

          2.  Upon examination of the handcuffs, the undersigned noticed that one of the swivels of the handcuffs can be closed but it cannot be looked.

CONCLUSION:
          In connection with the aforestated observations, it is the undersigned's professional opinion that the swivel of the handcuffs could have accidentally clamped to the

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small branch of the fallen tree. As regards to the condition of the handcuffs, one of its swivels was not functioning normally when closed. 

          These findings could gain importance if correlated with the analysis on the other physical evidence presented in this case. 

          The foregoing findings are the undersigned professional opinion. 

                                                                                    
                                                                                                      Respectfully Submitted: 

                                                                                       signed: Prof. Erdulfo M. Grimares
                                                                                                      Registered Criminologist 
                                                                                                      Firearm & Toolmark Expert