Republic of the Philippines) City of Manila) S.S. EXPERT OPINION AFFIDAVIT I, DR. RODEL V. CAPULE, Filipino citizen, of legal age, with postal address at Arellano University School of Law, Taft Avenue corner Menlo Street, Pasay City 1300, after being sworn to in accordance with law, hereby depose and state that: 1. The following are my educational and professional background: a) I am a doctor of medicine with License No. 58150 [Annex-A] issued by the Philippine Professional Regulations Commission in 1986, Fellow of the Philippine College of Physicians {Annex-B] and a Fellow of the Philippine College of Emergency Medicine [Annex-C]; b) I am a graduate of Medicine of Manila Central University (1984), finished my post-graduate internship (1986) and Internal Medicine Residency program (1988) at the Adventist Medical Center Manila (formerly Manila Sanitarium and Hospital; ©) I also graduated from Arellano University School of Law in 2000 and passed the Bar in 2002; d) I am a consultant in Emergency Medicine and Internal Medicine at the Adventist Medical Center Manila since 1989 and a consultant in Legal Medicine at the Adventist Medical Center Manila since 2002 and also a consultant in Legal Medicine and Internal Medicine at Makati Medical Center since 2006; e) In the course of my medical practice as a General Internist and ER physician for the past twenty-eight (28) years I have already attended to a significant number of Sudden Cardiac Death, Physical Injuries, Acute renal failure and Cardiac diseases among others. MATERIALS REVIEWED 2) I reviewed the following materials in developing my opinion(s) in this case: 1a) Certificate of Death of Horacio Tomas T. Castillo III issued on September 18, 2107. b) Medico-legal Report No. M-2017-499 dated September 20, 2017 concerning the cadaver of one named Horacio Tomas T. Castillo III. (done at the Manila Police District, Crime laboratory Office, United Nation Avenue, Ermita, Manila) c) Medico-legal report No. 17-042 dated October 03, 2017 concerning the cadaver of one named Horacio Tomas T. Castillo III. (done at the National Headquarters Crime Laboratory Office, Medico-legal Division, Camp Crame, Quezon City) 3) The materials that I comprehensively reviewed in this case are materials that are typically relied upon by consultants and experts in analyzing “Cause of Death” issues. | may have additional opinions and reasoning depending upon the review of additional materials and what is asked of me during trial and/or clarificatory question during preliminary investigation of the case. EXPERT OPINION The results of Medico-legal Report No. M-2017-499 and Medico-legal report No. H17-042. 4) The Postmortem Certificate of Death indicated that the Provisional Cause of Death is Hypertrophic Cardiomyopathy with an additional remark of “Pending Histopathological Result.” This was signed by Police Chief Inspector Dr. Mesalyn Milagros P, Probadora, the Medico-legal Officer of MPD Crime laboratory 5) In the Medico-legal Report No. M-2017-499 dated September 18, 2017 concerning the cadaver of Horacio Tomas T. Castillo III, Dr. Mesalyn Milagros P. Probadora (Dr. Probadora) concluded in her “Provisional Anatomical Diagnosis” the following: a) Hypertrophic Cardiomyopathy b) Blunt Traumatic Injuries, Right and Left Upper Extremities 6) In addition, Dr. Probadora added the remark, “Pending Histopathological Examination.” 27) Dr. Probadora’s provisional diagnosis of “Hypertrophic Cardiomyopathy as to the cause of death was based on her GROSS EXAMINATION’ (as opposed to a histopathological examination which requires the use of a microscope) of the heart, to wit: “Heart is grossly enlarged and weighs 450 grams and is covered with moderate amount of epicardial fat. The cardiac chambers are not dilated. The left ventricle is 2.5 cm and the right ventricle is 1.5 cm thick. The septum is 3,0 cm thick its external surface is smooth, shinny, firm in consistency. The valvular circumferences are as follows: Aortic valve - 8.0 cm, Pulmonary valve - 7.5 cm, Mitral valve - 10 cm and Tricuspid valve — 14 cm. Coronary arteries are patent.” {emphasis supplied] 8. The heart was described as grossly enlarged and weighs 450 grams. The right ventricle, left ventricle and septum are all thickened. The gross description of the heart was arrived at by using a weighing scale and a simple ruler. It is not subject to any additional confirmatory test and validation. The thickness of a normal left ventricle is up to 1.5 cm and the right ventricle up to 0.5 cm. The average weight of a normal heart is 300 grams. 9. The gross description of the heart is NOT subject to the result of the “Pending Histopathological Examination.” In other words, regardless of the results of the histopathological examination, the weight of the heart and the thickness of the right ventricle, left ventricle and septum will and should remain the same. 10. In the instant case, the initial medico-legal report indicated a grossly enlarged heart, whereas the second medico-legal report indicated a normal histology of the heart. There is no * Gross examination is an examination without the aid of a microscope. Peabody Coal Company and (Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Laura Railey, 972 Fad 178 (rth Cir. 992) 3