EXAMINATION OF A

CHILD WITNESS
A. M. NO. 004-07-SC
 OBJECTIVES

AC T U A L
E X A M I N AT I O N
CHILD OBJECTS
WITNESS 6
P L AC E
PURPOSE & 4
APPLICABILITY 2 PEOPLE

3 5
1
PURPOSE APPLICABILITY
CREATE
Create environment
VICTIM
for children to provide
reliable evidence

MINIMIZE
Minimize trauma
ACCUSED

ENCOURAGE
Encourage children to
testify in legal
proceedings
WITNESS
 CHILD WITNESS

IDENTITY COMPETENCY

GR: Below 18 years at the Child is presumed competent

time of the giving of the
testimony Competency Examination
Ø Proof of Necessity
Exception: Ø Conducted only by judge
qChild abuse case and attended by specific
qUnable to take care or people; counsels may
protect himself pose questions to the
qBecause of a physical or judge
mental disability Ø Developmentally
Appropriate Questions
 PEOPLE

Guardian Ad Litem Interpreter Facilitator Support Person

Ø By appointment Ø By Ø By Ø Matter of Right
Ø Duty: Promote best appointment appointment Ø 1 or 2 persons
interests of the child Ø Whom the Ø If child is Ø For emotional
Ø Preference is given child can unable to support
to the parents if understand & understand or Ø Special Rule for
qualified. understands respond Witnesses
Ø May be a lawyer; if so the child Ø Counsels pose
allowed to object to Ø May be a question
questions witness or through
family member, facilitator
if the only one
qualified
 PEOPLE

Guardian Ad Litem Interpreter Facilitator Support Person

By Appointment By Appointment By Appointment By Right (chosen by
child)
Available to all child When child does Child is unable to For emotional
witnesses not understand understand or support
respond to
English or Filipino questions asked
Promote the best Interprets for the Pose questions Provide emotional
interest of the child child to the child support
Parents (preferred); Mutual understanding; MAY be a child Court may disapprove
Anyone with sufficient may be witnesses or family psychologist, choice if it is a witness
background (witnesses are psychiatrist, social (substantial risk of
prohibited) worker, parent, influencing content of
relative, etc. child’s testimony)
 OBJECTS

SCREENS,
TESTIMONIAL AIDS
EMOTIONAL MIRRORS, ETC.
SECURITY ITEM
 PLACE

01 02 03 04

Waiting Area Courtroom or Live-Link Video-Taped

Chambers Television Deposition/
Disclosure
Interviews
 ACTUAL EXAMINATION
Objections should be couched in a
Counsel may be prohibited from proper manner
approaching the witness if child is Sexual Abuse Shield Rule
fearful or intimidated
MODE
(1) Narrations permitted CONFIDENTIALITY
OATH (2) Leading questions permitted
(3) Public may be excluded

APPROACH OBJECTION
RECORD – Confidential and under
(4) Hearsay exception in child abuse seal
Prior to testimony child shall take cases TAPES – under protective order;
oath or affirmation. (5) GR: Corroboration is not needed destroyed after 5 years.
 RECAP

AC T U A L
E X A M I N AT I O N
CHILD OBJECTS
WITNESS 6
P L AC E
PURPOSE & 4
APPLICABILITY 2 PEOPLE

3 5
1