This case has been cited 1 times or more.
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2003-09-10 |
VITUG, J. |
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| In asseverating that the qualifying circumstance of abuse of superior strength was not proven at the trial, appellant would premise his argument on the contention that the victim used teargas to immobilize him. There was, however, no convincing proof that the victim had indeed used teargas on appellant. The hospital record presented in court by Pastora Barte, the records officer of the Quezon City General Hospital, that appellant was treated for eye irritation and for abrasions on his right hand,[10] was not attested to by any supposed attending physician. All that Pastora could testify on was that a certain Dr. Fernandez and one Dr. Osial, who allegedly attended to appellant, were no longer connected with the hospital. Pastora admitted that she had no personal knowledge about the contents of the record; neither could she attest to the truth and veracity of its contents. A medical certificate would be hearsay and inadmissible in evidence without the affirmation or confirmation on the witness stand of the physician who prepared it[11] and corroborated by the testimony of the physician who had examined the patient.[12] | |||||