PEOPLE V. GOLIDAN G.R. No.

205307 January 11, 2018

FACTS: Cherry Mae 8y/o, is a granddaughter of Muriel Bantiway. Cherry Mae suffers from cerebral palsy
which is why her grandmother hires a babysitter Elizabeth Leo.
Jennyline, daughter pf Murie, proceeded to her mother's house to breast feed her baby, Namuel. When she
entered the house, she saw Cherry Mae lying on her side, trying to tell her something. It was then she saw
Elizabeth with blood on her vagina, and her nipples were cut. She also saw the baby lying face down, with his
exposed brains and blood on his nose. Cherry Mae was rushed to the hospital due to her injuries.
RTC found appellants guilty beyond reasonable doubt, as evidenced by Cherry Mae, a child with cerebral
palsy corroborated by other testimonies
ISSUE/S: WON the court erred in giving full credence to the testimony of Cherry Mae who was not even
competent to testify
RULING: No. The prosecution was able to prove that Cherry Mae was a competent witness through the
testimony of Dr. Divina Hernandez. They established that Cherry Mae is incapable of telling a lie and could not
be influenced by others; that the lone survivor was not capable of concocting events or manipulating facts, as
these would entail motive, which is something Cherry Mae could not have due to her condition.