Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 4K views

    Child Witness

    Uploaded by

    czabina fatima delica
    The document summarizes key provisions of the Rule on Examination of a Child Witness in the Philippines. It establishes procedures to make the legal process less intimidating for child witnesses. Some key points: - It presumes children are competent to testify but allows competency examinations if needed. The burden is on proving a child is not competent. - It allows the court to appoint a guardian to protect the child's interests, an interpreter if needed, and a facilitator to pose questions to avoid direct confrontation. - It has child-centered provisions like allowing testimony from another room, breaks, testimonial aids, and an emotional support item. - Leading questions are allowed for child witnesses and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Child Witness

    Uploaded by

    czabina fatima delica
    4K views4 pages
    The document summarizes key provisions of the Rule on Examination of a Child Witness in the Philippines. It establishes procedures to make the legal process less intimidating for child witnesses. Some key points: - It presumes children are competent to testify but allows competency examinations if needed. The burden is on proving a child is not competent. - It allows the court to appoint a guardian to protect the child's interests, an interpreter if needed, and a facilitator to pose questions to avoid direct confrontation. - It has child-centered provisions like allowing testimony from another room, breaks, testimonial aids, and an emotional support item. - Leading questions are allowed for child witnesses and

    Original Description:

    rules on child witness

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes key provisions of the Rule on Examination of a Child Witness in the Philippines. It establishes procedures to make the legal process less intimidating for child witnesses. Some key points: - It presumes children are competent to testify but allows competency examinations if needed. The burden is on proving a child is not competent. - It allows the court to appoint a guardian to protect the child's interests, an interpreter if needed, and a facilitator to pose questions to avoid direct confrontation. - It has child-centered provisions like allowing testimony from another room, breaks, testimonial aids, and an emotional support item. - Leading questions are allowed for child witnesses and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4K views4 pages

    Child Witness

    Uploaded by

    czabina fatima delica
    The document summarizes key provisions of the Rule on Examination of a Child Witness in the Philippines. It establishes procedures to make the legal process less intimidating for child witnesses. Some key points: - It presumes children are competent to testify but allows competency examinations if needed. The burden is on proving a child is not competent. - It allows the court to appoint a guardian to protect the child's interests, an interpreter if needed, and a facilitator to pose questions to avoid direct confrontation. - It has child-centered provisions like allowing testimony from another room, breaks, testimonial aids, and an emotional support item. - Leading questions are allowed for child witnesses and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Rule 132

    Section 1. Provides the manner of presenting testimonial evidence to be as follows:

    By presenting the witness personally in open court

    a). The witness must appear in person so that the court and the opponent may observe him and
    hear his testimony
    b). His personal presence cannot be substituted by the submission of written statements or audio
    testimony
    c) There is also no secret testimony and it must always be in the presence of the adverse party,
    except when the presentation is allowed to be ex parte, or testimony through interrogatories or
    depositions in advance of trial before a hearing officer but upon prior approval of the court and with
    proper notice to the adverse party
    d). CHILD WITNESSES: the witness may testify inside a room but the child must be visible and can
    be heard through the medium of facilities appropriate for the purpose such as a mirror

    RULE ON EXAMINATION OF CHILD


    WITNESS
    I. INTRODUCTION: The Supreme Court, in an en banc Resolution adopted the so called-Rule on
    Examination of a Child Witness which became effective on December 15, 2000. The rule
    applies to child witnesses who are victims of crimes, accused of a crime, and witnesses to a
    crime. It shall apply to criminal proceedings and non-criminal proceedings involving child witnesses.

    A. Child Witness- any person who, at the time of giving testimony, is below the age of 18 years. In
    child abuse cases, a child includes one over 18 years but is found by the court as unable to fully take
    car of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because
    of a physical or mental disability or condition.

    SALIENT FEATURES
    I. Creates a Presumption of Competency in favor of a child-witness subject to a Competency Test.
    A. “Every child is presumed qualified to be a witness.
    However the court shall conduct a competency examination to a child moto proprio or on motion of a
    party, when it finds that substantial doubt exist regarding the ability of the child to perceive,
    remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in
    court”. ( Sec. 6).
    (Sec. 6. Competency.— Every child is presumed qualified to be a witness. However, the court shall
    conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that
    substantial doubt exists regarding the ability of the child to perceive, remember, communicate,
    distinguish truth from falsehood, or appreciate the duty to tell the truth in court.
    (a) Proof of necessity.— A party seeking a competency examination must present proof of
    necessity of competency examination. The age of the child by itself is not a sufficient basis for a
    competency examination.
    (b) Burden of proof.— To rebut the presumption of competence enjoyed by a child, the burden
    of proof lies on the party challenging his competence.
    (c) Persons allowed at competency examination.— Only the following are allowed to attend a
    competency examination: chanroblesvirtuallawlibrary

    (1) The judge and necessary court personnel;


    (2) The counsel for the parties;
    (3) The guardian ad litem;
    (4) One or more support persons for the child; and
    (5) The defendant, unless the court determines that competence can be fully evaluated
    in his absence.
    (d) Conduct of examination.— Examination of a child as to his competence shall be conducted
    only by the judge. Counsel for the parties, however, can submit questions to the judge that he may, in
    his discretion, ask the child.
    (e) Developmentally appropriate questions.— The questions asked at the competency
    examination shall be appropriate to the age and developmental level of the child; shall not be related to
    the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish
    between truth and falsehood, and appreciate the duty to testify truthfully.
    (f) Continuing duty to assess competence.— The court has the duty of continuously assessing the
    competence of the child throughout his testimony.)

    B. A party seeking a competency examination must present proof of necessity of competency


    examination.
    The age of a child shall not by itself is not a sufficient basis for a competency examination.

    II. Allows the Court to, motu proprio or on motion, appoint certain persons to help in the testimony of
    the child-witness:

    A. Guardian Ad Litem- a person to protect the best interest of the child whose appointment took into
    consideration his familiarity with the judicial process, social service programs, and child
    development. The parent if preferred, if qualified. Has the right to be present in all proceedings, to
    obtain copies of documents, interview witnesses, make recommendations to the court, and to do all
    to protect the child.
    B. Interpreter- one, other than the regular court interpreter, whom the child can understands and who
    understands the child.
    C. Facilitator- one who poses the questions to the child who may be a child psychologist,
    psychiatrist, social worker, guidance counselor, teacher, religious leader, parent or relative.
    Counsels shall pose questions only through the facilitator.
    D. Support Person- person chosen by the child to accompany him to testify at or attend a judicial
    proceeding or deposition to provide emotional support to the child

    III. Contains Child Centered Provisions during the actual testimony such as:

    A. A separate waiting area furnished to make the child comfortable


    B. To create a more comfortable courtroom environment, the court may direct and supervise the
    location, movement, deportment of all person in the court room;
    C. The child may testify from a place other than the witness chair; child is not required to look at the
    accused
    D. To testify during the time of day that the child is well rested
    E. Reasonable periods of relief is allowed as often as is necessary
    F. The child is allowed to use testimonial aids, such as dolls, puppets, drawings, mannequins or any
    other appropriate devise to assist in the testimony of the child.
    G. Child is allowed to have an Emotional Security Item of his own choosing as a blanket, toy,doll.

    IV. Manner of Questioning and Objections


    1. Leading Questions are allowed specially des for Child-Directs
    http://www.batasnatin.com/law-library/remedial-law/evidence/1091-rule-132-rules-of-court-
    presentation-of-evidence.html

    Sec. 19. Mode of questioning.— The court shall exercise control over the
    questioning of children so as to (1) facilitate the ascertainment of the truth;
    (2) ensure that questions are stated in a form appropriate to the
    developmental level of the child; (3) protect children from harassment or
    undue embarrassment; and (4) avoid waste of time.
    The court may allow the child witness to testify in a narrative form.
    Sec. 20. Leading questions.— The court may allow leading questions in
    all stages of examination of a child if the same will further the interests of
    justice.
    Sec . 21. Objections to questions.— Objections to questions should be
    couched in a manner so as not to mislead, confuse, frighten, or intimidate the
    child.
    Sec . 22. Corroboration.— Corroboration shall not be required of a
    testimony of a child. His testimony, if credible by itself, shall be sufficient to
    support a finding of fact, conclusion, or judgment subject to the standard of
    proof required in criminal and non-criminal cases.
    Sec. 23. Excluding the public.— When a child testifies, the court may
    order the exclusion from the courtroom of all persons, including members of
    the press, who do not have a direct interest in the case. Such an order may
    be made to protect the right to privacy of the child or if the court determines
    on the record that requiring the child to testify in open court would cause
    psychological harm to him, hinder the ascertainment of truth, or result in his
    inability to effectively communicate due to embarrassment, fear, or
    timidity. In making its order, the court shall consider the developmental level
    of the child, the nature of the crime, the nature of his testimony regarding the
    crime, his relationship to the accused and to persons attending the trial, his
    desires, and the interests of his parents or legal guardian. The court
    may, motu proprio, exclude the public from the courtroom if the evidence to
    be produced during trial is of such character as to be offensive to decency or
    public morals. The court may also, on motion of the accused, exclude the
    public from trial, except court personnel and the counsel of the parties.

    You might also like