Republic of the Philippines……]
City of Baguio ………………….] S. S.
JUDICIAL AFFIDAVIT OF Brian Kim G. Carbonell (FORENSIC
PHOTOGRAPHER)
I, Brian Kim G. Carbonell, Filipino, of legal age, single, Filipino citizen and
with office address at PNP Baguio City Crime Laboratory Office, Kayang St.,
Baguio City, after having been duly sworn to in accordance with law, hereby
depose and state:
PRELIMINARY STATEMENT
The person examining me is ATTY. JUAN DELA CRUZ with office address
at Rm. 123, Building, Diego Silang St, Baguio City. The examination is held at
the same address. I am answering his questions conscious that we do so
under oath and may face criminal charges for false testimony and perjury.
PURPOSE
The purpose by which this judicial affidavit is executed is to prove that
on November 29, 2024 at around 03:30pm in the afternoon, operatives of
the PNP Regional Forensic Unit at PNP Baguio City Crime Laboratory Office,
Kayang St., Baguio City, proceeded to University of the Cordilleras Legarda
Campus, Baguio City to respond to a shooting incident and that I was
designated as the official photographer of the operation.
QUESTIONS AND ANSWERS
The following are the questions and the answers made to wit:
Q: Please state your name and profession for the benefit of the court.
A: My name is Brian Kim G. Carbonell, a forensic photography specialist at
the PNP Baguio City Crime Laboratory Office, Kayang St., Baguio City.
Q: Kindly state your educational background leading to your profession as of
this date.
A: I obtained a Bachelor of Science in Criminology degree in the year 2013
and passed the Criminology Licensure Examination. Thereafter, I was hired
as a patrolwoman under the PNP Regional Crime Laboratory now, Regional
Forensic Unit of Baguio City.
Q: What is your current profession?
A: I am a criminologist and the current forensic photographer of the PNP
Baguio City Crime Laboratory Office, Kayang St., Baguio City.
Q: How long have you been practicing your profession as a criminologist?
A: For 7 years now starting the year that I passed the Criminologist Licensure
Examination in the year 2015.
Q: How long have you been practicing your profession as forensic
photographer in the PNP Regional Crime Laboratory?
A: For 5 years now starting that I was hired at the PNP Regional Crime
Laboratory.
Q: What do you do as a forensic photographer?
A: I document and capture visual evidence at crime scenes. I use specialized
photography techniques and equipment to record details accurately and
objectively such as injuries, property damage, and the overall scene. I ensure
that all relevant visual information is properly documented and preserved for
further examination and analysis.
Q: Can you recall how many crime scenes have you documented for criminal
investigation and court hearings?
A: More or less around 15 crime scenes now.
Q: Is this your first time to testify in court?
A: No, this is not my first time.
Q: To the best of your knowledge how many times have you testified as an
expert witness?
A: I have made 9 testimonies as an expert witness as of this date.
Q: Having been stated this information about your years of experience as
forensic photographer, can you say with absolute certainty that you are
qualified to testify as an expert witness to attest the photographs of the
crime scene on the shooting incident of Windel Sannad and Luiza May Torio?
A: Yes, I am.
DIRECT EXAMINATION PROPER
Q: Were you tasked to document the crime scene at University of the
Cordilleras Legarda Campus, Baguio City?
A: Yes, as the forensic photographer in Baguio City, I was tasked to
document the crime scene at the mentioned location.
Q: When did you conduct the documentation of the crime scene?
A: I documented the crime scene at 04:40 pm in the afternoon of November
29, 2024 at the Crime Lab 1 University of the Cordilleras Legarda Campus,
Baguio City.
Q: What camera did you use to document the crime scene?
A: I used Canon EOS 1100D.
Q: Mr. CARBONELL, please tell us on what matter are you being made to
execute this Judicial Affidavit and testify in Court?
A: I was tasked by the Chief Forensic Division of Baguio, P/CMS Alex Remulta
to become the photographer in documenting the crime scene. Furthermore,
through sub-poena duces tecum, I was directed by the Regional Trial Court,
Branch 23 of Baguio City to present the photographs and make a testimony
about it. I am testifying on the photographs that I have taken at the crime
scene during crime scene processing and investigation.
Q: Mr. CARBONELL, can you look at Exhibit “A” as presented. Are you the one
who took that photograph?
A: Yes, it was I who took that photograph.
Q: Can you describe to this honorable court, what is that photograph ‘Exhibit
A” all about?
A: The photograph labeled as Exhibit “A” is the photo of the first dead body
of the victim found on the crime scene.
Q: Can you describe what is the position of the dead body as shown in the
photograph?
A: The dead body is in bowed head sitting position as it was found in the
crime scene.
Q: I am showing you another photograph, Mr. CARBONELL, can you look at
Exhibit “B” as presented. Are you the one who took that photograph?
A: Yes, it was I who took that photograph.
Q: Can you describe to this honorable court, what is that photograph ‘Exhibit
B” all about?
A: The photograph labeled as Exhibit “B” is the photo of the second dead
body of the victim found on the crime scene.
Q: Can you describe what is the position of the dead body as shown in the
photograph?
A: The dead body is in supine position as it was found in the crime scene.
Q: I am showing you another photographic evidence labeled as “Exhibit 22”.
Were you the one who took that photograph?
A: Yes, I am the who took that photograph.
Q: Can you describe to this honorable court, what is that photograph “Exhibit
22” showing?
A: The photograph labeled as “Exhibit “22” shows a gun that was found in
the crime scene.
Q: Can you explain in where was the gun found at the crime scene?
A: As shown in the photograph, the gun is located at the ceiling on top of the
entrance door when it was found in the crime scene.
Q: Are you the one who took the close-up photos of the wounds of “Victim A”
as shown?
A: Yes, I was the one who took that close-up photos of the wounds
of “Victim A”
Q: Can you describe to this honorable court what is the location of the
gunshot wounds on the body of “Victim A”?
A: As shown in the presented photograph, the wounds is located at the right
upper back of the victim and on the right bicep just below the armpit.
Q: Were you the one who took the close-up photos of the gunshot wounds of
“Victim B”
A: Yes, I was the one who took those photographs.
Q: Can you describe to this honorable court what is the location gunshot
wounds of “Victim B”?
A: As shown in the photograph, the wounds is located at the nape and the
upper right back.
Q: On what grounds are you saying that all the photographs and the details
therein are true representation of the conditions that was found on the crime
scene at University of the Cordilleras Legarda Campus, Baguio City on
November 29, 2024?
A: I am testifying that the photographs and the details therein including the
location of the wounds and the gun is true as shown in the photograph
because I was the one who took the photographs.
IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of
November 2024 in Baguio City.
BRIAN KIM G. CARBONELL
Affiant
I.D. No. 0249932
SUBSCRIBED and SWORN to before me this 30 th day of November
2024, in Baguio City, affiant exhibiting to me competent evidence of his
identity as indicated above. I hereby certify that I have examined the Affiant
and that I am fully satisfied that he voluntarily executed and understood the
contents of his Judicial Affidavit.
NOTARY PUBLIC
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Page No._____
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Series of 2022.
ATTESTATION CLAUSE
I, ATTY. TIBURCIO DIMAKOLKOL, of No. 51 Marvex Drive, Lower
Magsaysay, Baguio City, do hereby depose and state:
a. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answers of the affiant;
b. Neither I nor any other person assisted or coached the affiant to
answer the questions propounded;
c. I have fully understood that any false attestation shall subject me to
disciplinary action.
IN WITNESS HEREOF, I have hereunto affixed my signature this
November 29, 2024 in Baguio City of Manila Philippines.
ATTY. TIBURCIO DIMAKOLKOL
Integrated Bar of the Phils. I.D.
Attorney’s Roll No. 48677, May 3, 2004
SUBSCRIBED and SWORN to before me this 29th day of November 2024
in Baguio City; affiant exhibiting to me competent evidence of identity as
above indicated.
NOTARY PUBLIC
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Series of 2012.