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Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Quezon City Branch ___ CIVIL CASE No: 124354 ROGELIO E. RAMOS and ERLINDA RAMOS, in their own behalf and as natural guardians of the minors, ROMMEL RAMOS, ROY RODERICK RAMOS and RON RAYMOND RAMOS Complainants FOR:

-versus-

DAMAGES DELOS SANTOS MEDICAL CENTER, DR. ORLINO HOSAKA and DRA. PERFECTA GUTIERREZ, Respondents x--------------------------------------------------x

JUDICIAL AFFIDAVIT (Of Complainant witness Herminda Cruz in lieu of Direct Testimony)

PRELIMINARY STATEMENT The person examining me is ATTY. Brave Chivor Lastimosa with law office address Canter Bldg. Floor 2 North Fairview, Quezon City. My Judicial affidavit is being taken at the above mentioned place in the presence of Monica Capitana and my companions. The questions are asked in the English Language but are translated in the Tagalog dialect which I speak and fully understand and I am giving my answers fully conscious that I do so under oath and I am aware that I may face criminal liability for false testimony or perjury for false statements made or given by me.

OFFER OF TESTIMONY The testimony of the witness Herminda Cruz is being offered to prove she is an eye witness to the negligence of respondents. She will testify what she saw the day of their transactioninteraction with the respondents and what latter transpired to the incident dated On June 17, 1985. The witness will testify to the respondent’s negligence in open court as the person who committed the action. 1. Q: Mrs. Witness, will you please tell the Honorable Court your name, age and other personal circumstances? A: I am Herminda Cruz, 56 years old, sister-in-law of Erlinda Ramos. 2. Q :What is the nature of your job? A:I am engaged in academic and serve as DEAN of College of Nursing at Capitol Medical Center. 3.Q: How long did you endeavor your work? A:It started in 1980 sir. 4. Q: How do you know DR. ORLINO HOSAKA and DRA. PERFECTA GUTIERREZ? A:They are the doctors of my sister-in-law. 5.Q: Do you remember what happen in the 12:15 P.M of June 17, 1985? A: I was with my sister-in-law in the operating room during that time. 6.Q:What happened on that day? A:I heard from one of the nurses saying that Dr. Osaka who was late for the scheduled operation arrived at the hospital, as I went inside the operating room I saw Dr. Gutierrez intubating my sister-in-law Erlinda Ramos and heard Dr. Gutierrez stating “ang hirap ma-intubate nito, mali yata ang pagkakapasok. O lumalaki ang tiyan” because of that I focused my attention to what she was doing. 7.Q: What happen to the patient Erlinda Ramos after being intubated? A: I notice bluish discoloration of the nailbeds of the left hand of the hapless Erlinda Ramos. 8.Q:What About Dr. Osaka at that time? A: He just arrived on that moment sir, and ordered someone to call Dr. Calderon, another anesthesiologist. 9Q:What happen thereafter? A: I inform the husband Rogelio Ramos of what happened sir. 10.Q: What happen after you inform the Husband of Erlinda Ramos. A:I went back to the operating room and saw that the patient was still in Trendelenburg position, then the patient was taken to the ICU at almost 3:00pm that day. 11. Q: . 17.Q:If the respondents are now inside the court room, will you look around and identify them?

A:Its them sir.( witness pointing to Dr Osaka and Dr Gutierrez) 18. Q:In connection to this case did your daughter executed a sworn statement? A: Yes, Sir. 19.Q: Is this the sworn statement of your daughter A:Yes, Sir. 20. Q:In connection to this case do you remember having executed a sworn statement? A: Yes, Sir. Motion: May I request this Honorable court to mark this sworn statement as Exhibit E 21. Q:In connection to this case do you remember having executed a judicial affidavit? A: Yes, Sir. 22. Q:Is this the judicial affidavit? A:Yes, Sir. 23.Q: Is this your signature on the affidavit? A: Yes, Sir. Manifestation: May I request this Honorable court a few words to ponder in The act of the client by mere hiding this past 4 years constitutes an abuse of confidence over my client. The mere fact that she run and hide from her obligation shows that the trust entrusted by my client over her was violated THAT WILL BE ALL FOR THE WITNESS YOUR HONOR

IN WITNESS WHEREOF, I have hereunto set my hand this day of 17 of December 2014, at Quezon City, Philippines. LUISA CAPITANA ATTESTATION CLAUSE

I, ATTY JOVEN S BAUTISTA, hereby attest that I faithfully recorded the questions propounded and the corresponding answers given by the witness LUISA CAPITANA. I duly Interpreted the questions I asked in the tagalog dialect which the witness understands and she provided the answers the best way she could which were duly translated by me in the ENGLISH Language. I did not in any way coach or taught or instruct the witness on how to answer or any other person or persons then present or assisting the witness regarding the latter’s answers. ATTY, JOVEN S BAUTISTA Roll No. 51379-2006 IBP No. 808787-1/3/12 PTR No. 4128464- 1/3/12; Manila MCLE Compliance III No. 0013601 Issued on April 22, 2014 SUBSCRIBED AND SWORN to before me this 17th day of December 2014 at Quezon City, Philippines Administering Officer/Notary Public ATTY. ROB S. BAYAN Roll No. 54579-2006 IBP No. 808797-1/3/12 TR No. 4228364- 1/3/12;Manila LE Compliance III No. 0013821 Issued on April 22, 2014