This case has been cited 1 times or more.
|
2014-12-10 |
DEL CASTILLO, J. |
||||
| While it is true that the result of "AAA's" medical examination only supports the fact that "AAA" has already had sexual intercourse and does not by itself establish that it was her father, Prodenciado, with whom she had sex, this does not divest the results of medical examination of any relevance. In People v. Cial[35] it was explained that:[T]he examining physician was presented to testify only on the fact that he examined the victim and on the results of such examination. He is thus expected to testify on the nature, extent and location of the wounds. Dr. Arnulfo Imperial (Dr. Imperial) found, among others, that "AAA" suffered hymenal lacerations. This refers to the location and nature of the wounds suffered by the victim. Dr. Imperial could not be expected to establish the cause of such lacerations with particularity because he has no personal knowledge of how these hymenal lacerations were inflicted on "AAA." He could only surmise that the lacerations could have been caused "by activities like cycling, horseback riding x x x or the insertion of a hard object into the vagina of the victim x x x such as the penis."[36] (Emphases supplied) | |||||