UNIVERSITY OF MINDANAO-COLLEGE OF LAW

CRIMINAL PROCEDURE
FISCAL OLIVER SANIEL

PHOEBE QUEEN A. BAUTISTA

ID #: 541714

Pair: CASTAÑO, STEPHEN NEIL

Date: May 3, 2023

Question/Answer:

1. Explain the term BEST INTEREST OF THE CHILD. (5)

Answer: The term “best interest of the child”, in its objective sense, pertains to the
principles that are used to determine what will be best for a child in a particular
circumstance. In general terms, the best interest of the child assessment is used to
determine which services and orders will best serve the child. However, there is no set
definition for this term, as each state interprets it differently, uses different principles to
make the assessment and determines in which scenarios to use this standard. In the
Philippines, the State aims to protect the best interests of the child through measures that
will ensure the observance of international standards of child protection. For example,
proceedings before any authority which involve children in conflict with the law shall be
conducted in the best interest of the child and in a manner which allows the child to
participate and to express himself/herself freely. Furthermore, the term best interest of the
child, as defined in R.A. 9344 or “An Act Establishing a Comprehensive Juvenile Justice and
Welfare System, Creating the Juvenile Justice and Welfare Council under the Department of
Justice, Appropriating Funds therefor and for Other Purposes” refers to the totality of the
circumstances and conditions which are most congenial to the survival, protection and
feelings of security of the child and most encouraging to the child's physical, psychological
and emotional development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.

2. Discuss the reason allowing LEADING QUESTIONS to child witness. (5)

Answer: Traditionally, in all jurisdictions, the practice is to restrict the use of leading
questions on direct examination. However, in the Philippines, the court may allow leading
questions in all stages of examination of a child if such practice will further the interests of
justice or when it is as may be necessary to develop testimony. Courts frequently permit
leading questions during the direct examination of children especially for those who
experience difficulty testifying due to fear, timidity, embarrassment, confusion, or
reluctance. As such, the child may need some cuing of his or her memory, which leading
questions may aid. As a child witness, leading questions are allowed because of the child’s
inherent innocence. A child will have a difficult time lying during an examination. Hence, a
child's answer to a leading question should not be considered automatically unreliable and
instead, all of the circumstances and conditions surrounding the child's response should be
taken into account. Furthermore, the trial judge should closely supervise the use of leading
questions in order to prevent the examiner from asking improperly suggestive questions or
from testifying in the child's stead.

3. Give 5 Distinctions of an ordinary witness vs. Child witness. (5)

Answer: An ordinary witness is presumed competent to testify in court, while a child
witness may be deemed incompetent due to their age and lack of maturity. In such cases,
the court may require the child witness to undergo competency examinations before they
can testify.

A child witness is entitled to a support person, such as a child psychologist, guidance

counselor or social worker, to provide emotional support and guidance throughout the
legal process. An ordinary witness does not have this entitlement.

Child witnesses are afforded special protective measures to ensure their safety and well-
being during the legal process also termed as the “best interests of the child”. These
measures may vary depending on the circumstances surrounding the child witness. As
such, they include closed-door hearings, the use of screens to shield the child from the
accused, breaks in-between. Ordinary witnesses do not have the same level of protection.

Child witnesses may be questioned in a manner that is simplified and non-threatening,

such as through the use of leading questions, taking into account their age and level of
understanding. Ordinary witnesses are not afforded this consideration.

In some cases, a child witness may be provided a facilitator to determine whether the child
is unable to understand the questions asked. Likewise, it is allowed by the court to have the
counsels for the parties ask questions to the child exclusively through the appointed
facilitator. Ordinary witnesses do not undergo this type of facilitated questioning.

4. Explain the categorization of persons who are 18 or above still a CHILD. (5)
Answer: As a general rule, a child witness is deemed to be any person below the age of
eighteen (18) years old at the time he or she testifies. However, an exception to this rule
lies in child abuse cases under the Rule on Examination of Child Witness. Child abuse is
defined as a type of physical, psychological, or sexual abuse, including criminal neglect
inflicted upon the child. Under this particular circumstance, a child therefore includes one
who is over eighteen (18) years of age, but the court finds him or her as a person who is
unable to fully take care of himself/herself or to protect himself/herself from other forms
of abuse, including but not limited to neglect, cruelty, and exploitation due to the child’s
mental or physical condition. Simply put, the person above eighteen (18) years old cannot
fend for himself/herself without external intervention, and as such, may be deemed to be
still a child. 
5. Why the need to appoint Guardian to the child? (5)
Answer: Following the rule on promoting the "best interests of the child," the court may, if
it deems it essential, appoint a guardian ad litem for a child who is a victim, an access, or a
witness to a crime. The court must evaluate the guardian ad litem's background as well as
his familiarity with the legal system, social service initiatives, and child development while
making this decision. However, if the child's parents are deemed qualified, the guardian ad
litem gives them preference. Additionally, the guardian ad litem may also be a member of
the Philippine Bar. 

Under the Rule on Examination of Child Witness, the court, should it deem necessary, may
appoint a guardian ad litem for a child who is a victim, accessed or witness to   a crime,
following the rule on promoting the “best interests of the child”. Such designation by the
court must take into consideration the background of the guardian ad litem, as well as his
knowledge with the judicial process, social service programs, and child development.
However, the appointed guardian ad litem gives preference to the child’s parents, should
they be deemed qualified. The guardian ad litem may also be a member of the Philippine
Bar. However, the court prohibits a person who is a witness in any proceeding involving
the child cannot be appointed as a guardian ad litem. Still, once a guardian has been
appointed, he or she shall attend all interviews, depositions, hearings, and the like, in which
a child participates and make recommendations to the court pertaining to the welfare of
the child.

6. Discuss the reason for the legal presumption of minority? (5)

Answer: The main reason why there is legal presumption of minority rights is the law
presumes that the minor offenders completely lack the intelligence to distinguish right
from wrong. Thus, their acts are deemed involuntary ones for which they cannot be held
accountable. It considers the minor age or specifically from 9 to 15 years of age as
formative years. It gives minors of these ages a chance to right their wrongs through
diversion and intervention measures. He/she shall enjoy all the rights of a child in conflict
with the law until he/she is proven to be eighteen (18) years old or older. 

7. Explain the reason for the legal presumption of competency? (5)

Answer: The assessment of the credibility of witnesses is within the province of the trial
court. All questions bearing on the credibility of witnesses are best addressed by the trial
court by virtue of its unique position to observe the crucial and often incommunicable
evidence of the witnesses’ deportment while testifying, something which is denied to the
appellate court because of the nature and function of its office. The trial judge has the
unique advantage of actually examining the real and testimonial evidence, particularly the
demeanor of the witnesses. 

8. What is the purpose of Oath or Affirmation by the child witness? (5)

Answer: The purpose of Oath or Affirmation by the child witness is to ensure that he has
sworn to tell the truth and nothing but the truth. It prompts the child to think about the
importance of every word that he will be saying in the witness stand or otherwise.
Further, this oath of affirmation is being done before testifying, because the court can opt
the child witness not to take the oath if the court can otherwise assure that the child
understands his obligation to speak the truth.

9. Explain the need for a courtroom environment. (5)

Answer: The need for a courtroom environment is essential to achieve the needed
information from the child witness. The environment where the child is placed to become a
witness plays a big role in order for him to talk comfortably and be able to express what he
has witnessed without the thought of being pressured or frightened by the people present
in the hearing. Thus, to create a more comfortable environment for the child, the court may,
in its discretion, direct and supervise the location, movement and deportment of all
persons in the courtroom including the parties, their counsel, child, witnesses, support
persons, guardian ad litem, facilitator, and court personnel. In fact, the child may be
allowed to testify from a place other than the witness chair.

10. What’s the purpose of testimonial aids? (5)

Answer: In some instances, the child will not be able to express clearly what he/she has
witnessed, to aid such, the court implemented the testimonial aids wherein the court shall
permit a child to use dolls, anatomically correct dolls, puppets, drawings, mannequins, or
any other appropriate demonstrative device to assist him in his testimony. The court
personnel may use any of the testimonial aids in order for the child to express what he/she
has witnessed. The former may use drawings to let the child witness identify which of
which he is trying to say or he has seen. Further, testimonial aids are used to create a
picture of the chain of events, to tie together the pieces of physical evidence, and to support
the understanding of the judge and jury. Although considered more subjective than
physical evidence, it is still an effective tool in the courtroom, used by both the prosecution
and defense.

END.