REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch No. 89

GINA LAO-TSOI, Civil Case No._____________

Plaintiff,

- versus –
For: Declaration of Nullity of Marriage
under Article 36 the Family Code
CHI MING TSOI
Defendant
x---------------------------------------------x

The testimony of the witness Dr. Sergie I. Alteza is being offered to prove that the
defendant Chi Ming Tsoi is not impotent and is capable of erection.

JUDICIAL AFFIDAVIT

I, Dr. Sergie I. Alteza, a urologist, of legal age, married, Filipino Citizen and with
office address at Mezzanine Floor, D & E Building, 1050 Quezon Avenue corner Roces
Avenue, Diliman, Quezon City, after having been duly sworn to in accordance with law,
hereby depose and state that:
I am the doctor engaged by the defendant in this case to conduct the physical
examination to find out whether he is impotent;
In relation to the above-entitled case, the defense counsel, Atty. Anthony Jhonuel
A. Elica with address at ________________asked me questions which questions I
answered while I was in his law office, fully conscious that I did so under oath and that I
may face perjury and any other criminal liability for false testimony.
The questions asked by Atty. Elica and the answers I gave are as follows, to wit:
1. QUESTION (Q): Please state your name, age, residence, and occupation.
ANSWER (A): I am Dr. Sergie I. Alteza, 46 years old, a urologist with office
address at Mezzanine Floor, D & E Building, 1050 Quezon Avenue corner Roces
Avenue, Diliman, Quezon City.

2. Q: Why are you here now?

A: To give a sworn statement by way of a judicial affidavit, the same to constitute
as my direct testimony, in the above-captioned civil case.

3. Q: For the record, please state the name and address of the Lawyer who is now
conducting or supervising your examination and the place where the
examination is being held now.
 A: The legal counsel for the defendat, Atty. Anthony Jhonuel A. Elica, is
conducting or supervising my examination now at his law office located
at________________.

4. Q: In what language do you want your examination to be conducted?

A: In English.

5. Q: Do you undertake to answer the questions to be asked of you, fully conscious

that you will do so under oath, and that you may face criminal liability for false
testimony or perjury?
A: Yes.

6. Q: Do you know the defendant in this case?

A: Yes, sir.

7. Q: Why do you know him?

A: He came to my clinic sometime in ______ to request for a physical
examination on his person in relation to a case of Declaration of Nullity of
Marriage that his wife has filed.

8. Q: Madam Witness, what is your specialty in the field of medicine?

A: I am a urologist. I diagnose and treat diseases of the urinary tract in both men
and women. I also diagnose and treat anything involving the reproductive tract in
men.

9. Q: How long have you practiced in the field of urology?

A: I had been in the field of urology for 11 years.

10. Q: Did you conduct a physical examination of the defendant in this case?
A: Yes sir.

11. Q: What is the purpose of the examination?

A: The examination was conducted to determine whether the defendant suffers
from impotence or erectile dysfunction (ED).

12. Q: What is impotence or ED?

A: Erectile dysfunction (or ED), also called male impotence, is described as a
consistent inability to achieve and maintain an erection sufficient for mutually
satisfactory sexual intercourse with his partner. By itself, ED is not a disease but
more of a signal that something else may be a problem. Erectile dysfunction is a
common condition, affecting more than half of men ages 40 to 70.

13. Q: What are the causes of ED?

A: ED may be a symptom of other disorders. It can sometimes be caused by
diabetes, high blood pressure, vascular disease, heart disease, nervous system
disorders, and depression as well as an unwanted side effect from some
medications.
It may also develop with age or may be related to depression or other
psychological cause such as depression.
It may also be caused by various hormonal disorders; blood flow problems and
surgical complications from abdominal, pelvic, or back surgery.

14. Q: Now, could you please tell us the manner by which you conducted your
examination?
A: I did the standard procedure which was to check whether the defendant has any
health conditions that can cause erectile dysfunction (ED).
 I conducted a thorough physical diagnosis that includes a blood pressure
measurement, examination of the penis and testicles, blood and urine tests to
check for anemia, high blood cholesterol, diabetes, low testosterone, and liver or
kidney problem.

In addition, I performed the following tests:

1. Intracavernosal injection test-During this test, I injected a medicine into the
side of the penis to make an erection. The fullness of the erection and how
long the erection lasts are measured.
2. Doppler ultrasound-I used a handheld tool that is passed gently over the
penis. The tool uses reflected sound waves to show blood flow on a
computer screen.
I also asked the defendant to masturbate to find out whether he is capable of an
erection and I found out that from the original size of two (2) inches, or five (5)
centimeters, the penis of the defendant lengthened by one (1) inch and one
centimeter. The defendant had only a soft erection which is why his penis is not in
its full length. But, still is capable of further erection, in that with his soft erection,
the defendant is capable of having sexual intercourse with a woman.
15. Q: Madam witness, did you put your findings in writing?
A: Yes sir. The information gathered was then studied and collated to make a
written report.

16. Q: Madam witness, in connection with your study, what were your findings
insofar as the defendant is concerned?
A: Based on the tests I conducted, I found that that there is no evidence of
impotency and he is capable of erection.

17. Q: If the said written report you mentioned will be shown to you, will you be able
to identify it?
A: Yes sir.

18. Q: I have here a document which purports to be a physical evaluation report, dated
_________, can you please kindly go over it and tell this Honorable court its
relation to the document you are referring to.
A: Sir, this is the same physical evaluation report that I have made.

19. Q: Found on the last page of the same document is a signature above the
typewritten name Dr. Sergie I. Alteza, MD, whose signature is that?
A: It is my signature, sir.

20. Q: What documents do you wish to submit to the Court?

A: I hereby introduce, for marking purposes, the Physical Examination Report and
I ask that it be marked as Exhibit “2”.

21. Q: I have no further questions. Do you have anything to add or retract, Madam
Witness?
A: None, sir.

22. Q: Are you willing to sign this statement?

A: Yes, sir.
Affiant further sayeth naught.

_______________
AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on
____________. Affiant personally came and appeared to with PRC ID No. 153629 issued
by the Professional Regulatory Commission on ___________, bearing her photograph
and signature and Passport No. 00213478 issued by the Department of Foreign Affairs
on_______________, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents

Atty. Ma. Teresa V. Abaca

Notary Public for Quezon City
Unit G, Rizalina Building II, Quezon Avenue, Quezon City
Appointment No. 8967 until December 31, 200_
IBP No. 457890; 1/10/__- Quezon City
IBP No. 457890; 1/10/__- Quezon City
Roll No. 34330 6/03/86
MCLE No. I 008796; 9/09/__
MCLE No. II 006757; 12/03/__
Doc. No. 12 ;
Page No. 30;
Book No. VI;
Series of ___.
 ATTESTATION
I, Atty. Anthony Jhonuel A. Elica, of legal age, Filipino, with postal address at
________________ after being duly sworn depose and say that:
 I conducted the examination of Dr. Sergie I. Alteza for Civil Case No.
__________ entitled GINA-LAO TSOI vs. CHI MING TSOI at my law office in
_________________;
 I have faithfully recorded the questions I asked and the corresponding answers that
the witness gave;
 Neither I nor any other person then present coached the witness regarding her
answers;
IN WITNESS WHEREOF, I have hereunto set my hand this ____day of _____at
Quezon City.

ATTY. ANTHONY JHONUEL A. ELICA

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on
____________. Affiant personally came and appeared to with IBP ID No. 967810 issued
by the Integrated Bar of the Philippines on ___________, bearing his photograph and
signature and Passport No. 00219978 issued by the Department of Foreign Affairs
on_______________, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents.

Atty. Ma. Teresa V. Abaca

Notary Public for Quezon City
Unit G, Rizalina Building II, Quezon Avenue, Quezon City
Appointment No. 8967 until December 31, 200_
IBP No. 457890; 1/10/__- Quezon City
IBP No. 457890; 1/10/__- Quezon City
Roll No. 34330 6/03/86
MCLE No. I 008796; 9/09/__
MCLE No. II 006757; 12/03/__

Doc. No. 13 ;
Page No. 31;
Book No. VI;
Series of ___.

Copy furnished:
MENDOZA AND ASSOCIATES LAW OFFICE
Counsel for Plaintiff Atty. Joel Mendoza
________________
________________

EXPLANATION

A copy of this Judicial Affidavit is served on the Court, the Counsel for the
Plaintiff Gina Lao-Tsoi, via LBC Express Corp./registered mail due to the great distances
of their respective addresses, due to the urgency of filing the same, and due to the lack of
field personnel of the undersigned counsel at this time.

Atty. Anthony Jhonuel A. Elica