RULE ON EXAMINATION OF A

CHILD WITNESS
MCLE
UP Law Center
Iloilo City 14 November 2008
 Coverage, Construction
• Coverage: child witnesses who are victims of
crime, accused of a crime, and witnesses to a
crime
• Applies in all crim and non-criminal
proceedings involving child witnesses
• Liberally construed to uphold the best interest
of the child; maximum accommodation of the
child witness
• Sec 5. Appointment of guardian ad litem
• Sec. 6 Child witness is presumed qualified to
testify; court can conduct competency
examination
• Interpreter; facilitator will pose questions to
the child; support persons within the view of
the child during testimony
 Mode of questioning
• Sec. 19 The court shall exercise control over
the questioning of the child

• Sec 20 Leading questions in all stages

• Sec. 21 Objections should be done in a

manner that will not mislead, confuse,
frighten or intimidate the child
 Testimony of the child
• Sec 25 Live-link testimony – prosecutor, counsel or
guardian ad litem may apply for an order allowing
live-link
• Judge may question the child in chambers in
presence of support person, guardian, prosecutor
and lawyers

• Judge may exclude the public, or the accused,

whose presence or conduct causes fear to the child
 Videotaped deposition
• If the child will not be able to testify in open
court, the judge may order videotaped
deposition
• If the child is unable to testify in the presence
of accused, the judge may exclude him and
order a live-link testimony
 Sexual Abuse Shield Rule
• Sec. 30 The following evidence is not admissible in any
criminal proceeding involving child sexual abuse:
• 1) evidence to prove victim’s other or past sexual
behavior
• 2) evidence to prove sexual predisposition of the
victim
• Exception: specific instances of sexual behavior to
prove that a person other than the accused was the
source of semen, injury or other physical evidence, is
admissible.
Requirements in offering evidence of specific
sexual behavior of the child
• 1) File written motion at least 15 days before trial
unless the court allows a different time
• 2) serve the motion on all parties, guardian ad litem at
least 3 days before hearing
• Before admitting evidence, the court must conduct a
hearing in chambers where the child (with her
consent),guardian, parties, and their cousel can be
heard.
• The motion and record of hearing must remain sealed
and protected by a protective order
 Privacy and safety
• Confidentiality of records . Kept under seal.
May be released only upon written request
and order, to persons authorized only.

• Sec 31 (7) (e) A child has a right not to testify

regarding personal identifying information
(name, address, school) that could engander
his/her safety or his/her family
 Effectivity
• Effective Dec ember 15, 2000.