NEWSPAPER
REPORTS:
1. EXHUMING
MARIJOY'S BODY NOT REQUIRED, SAYS OCAMPO
2. CORPSE NOT MATERIAL TO CRIME, SAYS OCAMPO
3. OCAMPO REJECTS EXHUMATION; TO LET EXPERTS SEE EXHIBITS
4. FORENSIC EXPERTS TO DISPUTE RECOVERY OF MARIJOY'S BODY
5. JUDGE CUTS TIME FOR DEFENSE, SAYS RIGHT ALREADY WAIVED
6. BAILEN MAY
LOSE CHANCE TO TESTIFY FOR DEFENSE
7. EXPERTS: FINGERPRINTS
RAISE DOUBTS ON CORPSE'S IDENTITY
8. BAILEN LOSES CHANCE TO TESTIFY
9. NO COMPREHENSIVE EVIDENCE BODY THAT OF MARIJOY, EXPERTS CLAIM
10. BAILEN'S PRESSCON TAGGED 'OUTRAGEOUS' BY JUDGE OCAMPO
Comments from Josman Aznar's Appellant's brief :
PAGE 117
Appellant's additional evidence not considered by the trial court
142.
To further bolster appellant Aznar's defense, he manifested to the trial
court that he will present additional defense witnesses but this was
denied. The testimonies of these additional witnesses, especially Prof.
Jerome Bailen on the identity of the corpse found in Carcar, assumes
significance as it would have demolished the theory of the prosecution. Likewise,
it would have negated the testimonies of the prosecution's expert
witness and would have discredited the testimony of state witness Rusia.
Had the lower court allowed Prof.
Jerome Bailen
to testify, he would have proved among other things that:
a.
the expert witnesses presented by the prosecution as far as the
identity of the dead woman found in Carcar, Cebu were wrong, in
identifying the same as Marijoy Chiong's;
b.
The right thumbprint of the voters record of Marijoy
Chiong issued by the Commission on Election is not the ideal standard
fingerprint to compare with skin specimen of the cadaver;
c.
No cadaveric height measures were recorded and no
basis was offered to support the claim that the cadaver was in her early
20's;
d.
There was no frontal photograph of the face of the alleged
body of Marijoy Chiong which showed that the prosecution's witness must
have hidden the true identity of the cadaver as also observed by the
Honorable Court;
e.
The dental records of Marijoy Chiong could not have
been matched with that of cadaver found in Carcar
considering that at least there were six (6)
PAGE
118
upper front teeth that can be used to match similarity pose in the
facial photo of the cadaver and again the prosecution tried to hide the
true identity of the cadaver;
f.
The findings of the expert witnesses of the prosecution
and the recovery of the cadaver and the
items found at the crime scene were conducted in a sloppy and crude
manner and lacked sophistication;
g.
The PNP Forensic team miserably failed to locate the
obvious and easy spot to identify Marijoy Chiong;
h.
The true identity of the cadaver affects the credibility
of Rusia and other expert witnesses presented
by the prosecution, most especially Mrs. Thelma Chiong.
143.
Appellant could have also presented Ret.
Lt. Col. Reynaldo
Marcelo, an
independent fingerprint expert practitioner to prove that the
procedure followed in the fingerprint examination of the corpse found in
Carcar was defective. Thus, his supposed testimony, like that of
Prof. Bailen would have proved that the corpse was not that of Marijoy's
thereby destroying the prosecution's theory of the case. It would have
also helped unmask the falsehoods and inconsistencies in Rusia's
testimony.
144.
Another expert witness for appellant Aznar, Mrs.
Paz
Abis, a
chemist, also failed to take the witness stand because of the
order declaring the appellant to have waived their right to present
additional witness. In the main, she would have exposed the testimony of
prosecution witness Jude Mendoza on the blood specimen to be inaccurate.
Dr. Anastacio
Rosete, a
forensic odonthologist, would have also testified for appellant
Aznar to show that the prosecution's expert witnesses miserably failed
to compare
PAGE
119
Maryjoy's dental records to the set of teeth of the cadaver Thus, it
would have weakened the prosecution's version.
145.
Likewise, Dr. Benito
Molina, a
forensics doctor who had trained in forensic work with the
American Association for Advancement of Science, would have also
testified for appellant that, among others:
a.
The handling of the evidence was highly irregular and the
examination, documentation and safekeeping of the evidence were
deficient and improper, thus, creating several improbabilities.
b.
It would be difficult for the body thrown down a cliff to reach
20 meters from the base of the cliff and 16.5 meters
from the most accessible river bank instead of being caught or anchored
nearer the base of the cliff and the pair of handcuffs fastened securely
on the branch of a tree.
c.
It would be difficult to conclude from the physical evidence
alone that the woman was raped as no other injuries
were noted in the areas near or around the female genitalia or in the
medial (inner) surface of both thighs and no tearing of the panty and
brasier,
d.
The testimonies of Rusia are a pack of lies and falsehoods.
146.
Prof. Erdulfo
M. Crimares, a
registered criminologist who had been with NBI for 17 years,
would have testified that the swivel of the handcuff was clamped to one
of the branches of a fallen tree located behind the
dead body, which is intentional, not accidental. Again, his testimony
would have depreciated Rusia's and the experts' testimonies. Since the
lower court disallowed the presentation of additional witnesses for the
accused, their testimonies are being proffered as evidence, pursuant to
Section 40, Rule 132 of the Revised Rules of Evidence.