RULES ON ELECTRONIC EVIDENCE (ii) whether the initial electronic document had been

altered after the transformation was made.

RULE 1
(f) “Digitally signed” refers to an electronic document
COVERAGE or electronic data message bearing a digital signature
verified by the public key listed in a certificate.
SECTION 1. Scope. - Unless otherwise provided herein,
these Rules shall apply whenever an electronic data (g) “Electronic data message” refers to information
message, as defined in Rule 2 hereof, is offered or generated, sent, received or stored by electronic,
used in evidence. optical or similar means.

SEC. 2. Cases covered. - These Rules shall apply to all (h) “Electronic document” refers to information or the
civil actions and proceedings, as well as quasi-judicial representation of information, data, figures, symbols
and administrative cases. or other modes of written expression, described or
however represented, by which a right is established
SEC. 3. Application of the other rules on evidence. - In or an obligation extinguished, or by which a fact may
all matters not specifically covered by these Rules, be proved and affirmed, which is received, recorded,
the Rules of Court and pertinent provisions of statues transmitted, stored processed, retrieved or produced
containing rules on evidence shall apply. electronically. It includes digitally signed documents
and any print-out or output, readable by sight or other
means, which accurately reflects the electronic data
RULE 2 message or electronic document. For purposes of
these Rules, the term “electronic document” may be
DEFINITION OF TERMS AND CONSTRUCTION used interchangeably with electronic data message”.

SECTION 1. Definition of Terms. - For purposes of these (i) “Electronic key” refers to a secret code which
Rules, the following terms are defined, as follows: secures and defends sensitive information that
crosses over public channels into a form decipherable
(a) “Asymmetric or public cryptosystem” means a only with a matching electronic key.
system capable of generating a secure key pair,
consisting of a private key for creating a digital (j) “Electronic signature" refers to any distinctive mark,
signature, and a public key for verifying the digital characteristics and/or sound in electronic form.
signature. Representing the identity of a person and attached to
or logically associated with the electronic data
(b) “Business records” include records of any business, message or electronic document or any methodology
institution, association, profession, occupation, and or procedure employed or adopted by a person and
calling of every kind, whether or not conducted for executed or adopted by such person with the intention
profit, or for legitimate purposes. of authenticating, signing or approving an electronic
data message or electronic document. For purposes of
(c) “Certificate” means an electronic document issued these Rules, an electronic signature includes digital
to support a digital signature which purports to signatures.
confirm the identity or other significant
characteristics of the person who holds a particular (k) “Ephemeral electronic communication” refers to
key pair. telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other
(d) “Computer” refers to any single or interconnected electronic forms of communication the evidence of
device or apparatus, which, by electronic, electro- which is not recorded or retained.
mechanical or magnetic impulse, or by other means
with the same function, can receive, record, transmit, (l) “Information and Communication System” refers to
store, process, correlate, analyze, project, retrieve a system for generating, sending, receiving, storing or
and/or produce information, data, text, graphics, otherwise processing electronic data messages or
figures, voice, video, symbols or other modes of electronic documents and includes the computer
expression or perform any one or more of these system or other similar devices by or in which data are
functions. recorded or stored and any procedure related to the
recording or storage of electronic data message or
(e) “Digital Signature” refers to an electronic signature electronic document.
consisting of a transformation of an electronic
document or an electronic data message using an (m) “Key Pair” in an asymmetric cryptosystem refers
asymmetric or public cryptosystem such that a person to the private key and its mathematically related
having the initial untransformed electronic document public key such that the latter can verify the digital
and the signer’s public key can accurately determine: signature that the former creates.

(n) “Private Key” refers to the key of a key pair used to

(i) whether the transformation was created using the create a digital signature.
private key that corresponds to the signer’s public
key; and (o) “Public Key” refers to the key of a key pair used to
verify a digital signature.
SEC. 2. Construction. – These Rules shall be liberally AUTHENTICATION OF ELECTRONIC DOCUMENTS
construed to assist the parties in obtaining a just,
expeditious, and inexpensive determination of cases.
SECTION 1. Burden of proving authenticity. – The
The Interpretation of these Rules shall also take into person seeking to introduce an electronic document in
consideration the international origin of Republic Act any legal proceeding has the burden of proving its
No. 8792, otherwise known as the Electronic authenticity in the manner provided in this Rule.
Commerce Act.
SEC. 2. Manner of authentication. – Before any private
electronic document offered as authentic is received
RULE 3 in evidence, its authenticity must be proved by any of
the following means:
ELECTRONIC DOCUMENTS
(a) by evidence that it had been digitally signed by the
person purported to have signed the same;
SECTION 1. Electronic documents as functional
equivalent of paper-based documents. – Whenever a (b) by evidence that other appropriate security
rule of evidence refers to the term of writing, procedures or devices as may be authorized by the
document, record, instrument, memorandum or any Supreme Court or by law for authentication of
other form of writing, such term shall be deemed to electronic documents were applied to the document;
include an electronic document as defined in these or
Rules.
(c) by other evidence showing its integrity and
SEC. 2. Admissibility. – An electronic document is reliability to the satisfaction of the judge.
admissible in evidence if it complies with the rules on
admissibility prescribed by the Rules of Court and SEC. 3. Proof of electronically notarized document. - A
related laws and is authenticated in the manner document electronically notarized in accordance with
prescribed by these Rules. the rules promulgated by the Supreme Court shall be
considered as a public document and proved as a
SEC. 3. Privileged communication. – The confidential notarial document under the Rules of Court.
character of a privileged communications is not solely
on the ground that it is in the form of an electronic
document. RULE 6

ELECTRONIC SIGNATURES
RULE 4

BEST EVIDENCE RULE SECTION 1. Electronic signature. – An electronic

signature or a digital signature authenticate din the
manner prescribed hereunder is admissible in
SECTION 1. Original of an electronic document. – An evidence as the functional equivalent of the signature
electronic document shall be regarded as the of a person on a written document.
equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by SEC. 2. Authentication of electronic signatures. – An
sight or other means, shown to reflect the data electronic signature may be authenticate in any of the
accurately. following manner:

SEC. 2. Copies as equivalent of the originals. – When a (a) By evidence that a method or process was utilized
document is in two or more copies executed at or to establish a digital signature and verity the same;
about the same time with identical contents, or is a
counterpart produced by the same impression as the (b) By any other means provided by law; or
original, or from the same matrix, or by mechanical or
electronic re-recording, or by chemical reproduction, (c) By any other means satisfactory to the judge as
or by other equivalent techniques which is accurately establishing the genuineness of the electronic
reproduces the original, such copies or duplicates signature.
shall be regarded as the equivalent of the original.
SEC. 3. Disputable presumptions relation to electronic
Notwithstanding the foregoing, copies or duplicates signature. – Upon the authentication of an electronic
shall not be admissible to the same extent as the signature, it shall be presumed that:
original if:
(a) The electronic signature is that of the person to
(a) a genuine question is raised as to the authenticity whom it correlates;
of the original; or
(b) The electronic signature was affixed by that person
(b) in the circumstances it would be unjust or with the intention of authenticating or approving the
inequitable to admit a copy in lieu of the original. electronic document to which it is related or to
indicate such person’s consent to the transaction
RULE 5 embodied therein; and
(c) The methods or processes utilized to affix or verity (a) Whether the information and communication
the electronic signature operated without error or system or other similar device was operated in a
fault. manner that did not affect the integrity of the
electronic document, and there are no other
SEC. 4. Disputable presumptions relating to digital reasonable grounds to doubt the integrity of the
signatures. – Upon the authentication of a digital information and communication system;
signature, it shall be presumed, in addition to those
mentioned in the immediately preceding section, that: (b) Whether the electronic document was recorded or
stored by a party to the proceedings with interest
(a) The information contained in a certificate is adverse to that of the party using it; or
correct;
(c) Whether the electronic document was recorded or
(b) The digital signature was created during the stored in the usual and ordinary course of business by
operational period of a certificate; a person who is not a party tot he proceedings and
who did not act under the control of the party using
(c) The message associated with a digital signature has it.
not been altered from the time it was signed; and
RULE 8
(d) A certificate had been issued by the certification
authority indicated therein BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY
RULE
RULE 7
SECTION 1. Inapplicability of the hearsay rule. – A
EVIDENTIARY WEIGHT OF ELECTRONIC memorandum, report, record or data compilation of
DOCUMENTS acts, events, conditions, opinions, or diagnoses, made
by electronic, optical or other similar means at or near
SECTION 1. Factors for assessing evidentiary weight. - the time of or from transmission or supply of
In assessing the evidentiary weight of an electronic information by a person with knowledge thereof, and
document, the following factors may be considered: kept in the regular course or conduct of a business
activity, and such was the regular practice ot make the
(a) The reliability of the manner or method in which it memorandum, report, record, or data compilation by
was generated, stored or communicated, including but electronic, optical or similar means, all of which are
not limited to input and output procedures, controls, shown by the testimony of the custodian or other
tests and checks for accuracy and reliability of the qualified witnesses, is excepted from the rule or
electronic data message or document, in the light of hearsay evidence.
all the circumstances as well as any relevant
agreement; SEC. 2. Overcoming the presumption. – The
presumption provided for in Section 1 of this Rule
(b) The reliability of the manner in which its originator may be overcome by evidence of the
was identified; untrustworthiness of the source of information or the
method or circumstances of the preparation,
(c) The integrity of the information and transmission or storage thereof.
communication system in which it is recorded or
stored, including but not limited to the hardware and
computer programs or software used as well as RULE 9
programming errors;
METHOD OF PROOF
(d) The familiarity of the witness or the person who
made the entry with the communication and SECTION 1. Affidavit of evidence. – All matters relating
information system; to the admissibility and evidentiary weight of an
electronic document may be established by an
(e) The nature and quality of the information which affidavit stating facts of direct personal knowledge of
went into the communication and information system the affiant or based on authentic records. The affidavit
upon which the electronic data message or electronic must affirmatively show the competence of the affiant
document was based; or to testify on the matters contained therein.

(f) Other factors which the court may consider as SEC. 2. Cross-examination of deponent. – The affiant
affecting the accuracy or integrity of the electronic shall be made to affirm the contents of the affidavit in
document or electronic data message. open court and may be cross-examined as a matter of
right by the adverse party.
SEC. 2. Integrity of an information and communication
system. – In any dispute involving the integrity of the
information and communication system in which an RULE 10
electronic document or electronic data message is
recorded or stored, the court may consider, among EXAMINATION OF WITNESSES
others, the following factors:
SECTION 1. Electronic testimony. – After summarily
hearing the parties pursuant to Rule 9 of these Rules,
the court may authorize the presentation of RULE ON EXAMINATION OF A CHILD
testimonial evidence by electronic means. Before so WITNESS
authorizing, the court shall determine the necessity
for such presentation and prescribe terms and Section 1. Applicability of the Rule. - Unless
conditions as may be necessary under the otherwise provided, this Rule shall govern the
circumstance, including the protection of the rights of examination of child witnesses who are victims of
the parties and witnesses concerned. crime, accused of a crime, and witnesses to crime. It
shall apply in all criminal proceedings and non-
SEC. 2. Transcript of electronic testimony. – When
criminal proceedings involving child witnesses.
examination of a witness is done electronically, the
entire proceedings, including the questions and Section 2. Objectives. - The objectives of this Rule are
answers, shall be transcribed by a stenographer, to create and maintain an environment that will allow
stenotypes or other recorder authorized for the children to give reliable and complete evidence,
purpose, who shall certify as correct the transcript minimize trauma to children, encourage children to
done by him. The transcript should reflect the fact testify in legal proceedings, and facilitate the
that the proceedings, either in whole or in part, had ascertainment of truth.
been electronically recorded.
Section 3. Construction of the Rule. - This Rule shall
SEC. 3. Storage of electronic evidence. – The electronic be liberally construed to uphold the best interests of
evidence and recording thereof as well as the the child and to promote maximum accommodation of
stenographic notes shall form part of the record of the child witnesses without prejudice to the constitutional
case. Such transcript and recording shall be deemed rights of the accused.
prima facie evidence of such proceedings.
Section 4. Definitions. -
RULE 11 (a) A "child witness" is any person who at the time of
giving testimony is below the age of eighteen (18)
AUDIO, PHOTOGRAPHIC. VIDEO AND EPHEMERAL years. In child abuse cases, a child includes one over
EVIDENCE eighteen (18) years but is found by the court as unable
to fully take care of himself or protect himself from
SECTION 1. Audio, video and similar evidence. – Audio,
abuse, neglect, cruelty, exploitation, or discrimination
photographic and video evidence of events, acts or
because of a physical or mental disability or
transactions shall be admissible provided is shall be
condition.
shown, presented or displayed to the court and shall
be identified, explained or authenticated by the (b) "Child abuse" means physical, psychological, or
person who made the recording or by some other sexual abuse, and criminal neglect as defined in
person competent to testify on the accuracy thereof. Republic Act No. 7610 and other related laws.
SEC. 2. Ephemeral electronic communication. – (c) "Facilitator" means a person appointed by the court
Ephemeral electronic communications shall be proven to pose questions to a child.
by the testimony of a person who was a party to the
same or has personal knowledge thereof. In the (d) "Record regarding a child" or "record" means any
absence or unavailability of such witnesses, other photograph, videotape, audiotape, film, handwriting,
competent evidence may be admitted. typewriting, printing, electronic recording, computer
data or printout, or other memorialization, including
A recording of the telephone conversation or any court document, pleading, or any copy or
ephemeral electronic communication shall be covered reproduction of any of the foregoing, that contains the
by the immediately preceding section. name, description, address, school, or any other
personal identifying information about a child or his
If the foregoing communications are recorded or
family and that is produced or maintained by a public
embodied in an electronic document, then the
agency, private agency, or individual.
provisions of Rule 5 shall apply.
(e) A "guardian ad litem" is a person appointed by the
court where the case is pending for a child who is a
RULE 12
victim of, accused of, or a witness to a crime to
protect the best interests of the said child.
EFFECTIVITY
(f) A "support person" is a person chosen by the child
to accompany him to testify at or attend a judicial
SECTION 1. Applicability to pending case. – These Rules
proceeding or deposition to provide emotional
shall apply to cases pending after their effectivity.
support for him.
SEC. 2. Effectivity. – These Rules shall take effect on
(g) "Best interests of the child" means the totality of
the first day of August 2001 following their
the circumstances and conditions as are most
publication before the 20th day of July 2001 in two
congenial to the survival, protection, and feelings of
newspapers of general circulation in the Philippines.
security of the child and most encouraging to his
physical, psychological, and emotional development.
It also means the least detrimental available
alternative for safeguarding the growth and asked of the child are not appropriate to his
development of the child. developmental level.

(h) "Developmental level" refers to the specific growth (d) The guardian ad litem may communicate concerns
phase in which most individuals are expected to regarding the child to the court through an officer of
behave and function in relation to the advancement of the court designated for that purpose.
their physical, socio-emotional, cognitive, and moral
abilities. (e) The guardian ad litem shall not testify in any
proceeding concerning any information, statement, or
(i) "In-depth investigative interview" or "disclosure opinion received from the child in the course of
interview" is an inquiry or proceeding conducted by serving as a guardian ad litem, unless the court finds
duly trained members of a multidisciplinary team or it necessary to promote the best interests of the child.
representatives of law enforcement or child protective
services for the purpose of determining whether child (f) The guardian ad litem shall be presumed to have
abuse has been committed. acted in good faith in compliance with his duties
described in sub-section (b).
Section 5. Guardian ad litem. -
Section 6. Competency. - Every child is presumed
(a) The court may appoint a guardian ad litem for a qualified to be a witness. However, the court shall
child who is a victim of, accused of, or a witness to a conduct a competency examination of a child, motu
crime to promote the best interests of the child. In proprio or on motion of a party, when it finds that
making the appointment, the court shall consider the substantial doubt exists regarding the ability of the
background of the guardian ad litem and his child to perceive, remember, communicate,
familiarity with the judicial process, social service distinguish truth from falsehood, or appreciate the
programs, and child development, giving preference duty to tell the truth in court.
to the parents of the child, if qualified. The guardian
ad litem may be a member of the Philippine Bar. A (a) Proof of necessity. - A party seeking a competency
person who is a witness in any proceeding involving examination must present proof of necessity of
the child cannot be appointed as a guardian ad litem. competency examination. The age of the child by itself
is not a sufficient basis for a competency examination.
(b) The guardian ad litem:
(b) Burden of proof. - To rebut the presumption of
(1) Shall attend all interviews, depositions, hearings, competence enjoyed by a child, the burden of proof
and trial proceedings in which a child participates; lies on the party challenging his competence.

(2) Shall make recommendations to the court (c) Persons allowed at competency examination. Only
concerning the welfare of the child; the following are allowed to attend a competency
examination:
(3) Shall have access to all reports, evaluations, and
records necessary to effectively advocate for the child, (1) The judge and necessary court personnel;
except privileged communications;
(2) The counsel for the parties;
(4) Shall marshal and coordinate the delivery of
resources and special services to the child; (3) The guardian ad litem;

(5) Shall explain, in language understandable to the (4) One or more support persons for the child; and
child, all legal proceedings, including police
investigations, in which the child is involved; (5) The defendant, unless the court determines that
competence can be fully evaluated in his absence.
(6) Shall assist the child and his family in coping with
the emotional effects of crime and subsequent (d) Conduct of examination. - Examination of a child as
criminal or non-criminal proceedings in which the to his competence shall be conducted only by the
child is involved; judge. Counsel for the parties, however, can submit
questions to the judge that he may, in his discretion,
(7) May remain with the child while the child waits to ask the child.
testify;
(e) Developmentally appropriate questions. - The
(8) May interview witnesses; and questions asked at the competency examination shall
be appropriate to the age and developmental level of
(9) May request additional examinations by medical or the child; shall not be related to the issues at trial; and
mental health professionals if there is a compelling shall focus on the ability of the child to remember,
need therefor. communicate, distinguish between truth and
falsehood, and appreciate the duty to testify
(c) The guardian ad litem shall be notified of all truthfully.
proceedings but shall not participate in the trial.
However, he may file motions pursuant to sections 9, (f) Continuing duty to assess competence. - The court
10, 25, 26, 27 and 31(c). If the guardian ad litem is a has the duty of continuously assessing the
lawyer, he may object during trial that questions competence of the child throughout his testimony.
Section 7. Oath or affirmation. - Before testifying, a (2) One of the support persons may accompany the
child shall take an oath or affirmation to tell the truth. child to the witness stand, provided the support
person does not completely obscure the child from the
Section 8. Examination of a child witness. - The view of the opposing party, judge, or hearing officer.
examination of a child witness presented in a hearing
or any proceeding shall be done in open court. Unless (3) The court may allow the support person to hold the
the witness is incapacitated to speak, or the question hand of the child or take other appropriate steps to
calls for a different mode of answer, the answers of provide emotional support to the child in the course
the witness shall be given orally. of the proceedings.

The party who presents a child witness or the (4) The court shall instruct the support persons not to
guardian ad litem of such child witness may, however, prompt, sway, or influence the child during his
move the court to allow him to testify in the manner testimony.
provided in this Rule.
(b) If the support person chosen by the child is also a
Section 9. Interpreter for child. - witness, the court may disapprove the choice if it is
sufficiently established that the attendance of the
(a) When a child does not understand the English or support person during the testimony of the child
Filipino language or is unable to communicate in said would pose a substantial risk of influencing or
languages due to his developmental level, fear, affecting the content of the testimony of the child.
shyness, disability, or other similar reason, an
interpreter whom the child can understand and who (c) If the support person who is also a witness is
understands the child may be appointed by the court, allowed by the court, his testimony shall be presented
motu proprio or upon motion, to interpret for the ahead of the testimony of the child.
child.
Section 12. Waiting area for child witnesses. - The
(b) If a witness or member of the family of the child is courts are encouraged to provide a waiting area for
the only person who can serve as an interpreter for children that is separate from waiting areas used by
the child, he shall not be disqualified and may serve other persons. The waiting area for children should be
as the interpreter of the child. The interpreter, furnished so as to make a child comfortable.
however, who is also a witness, shall testify ahead of
the child. Section 13. Courtroom environment. - To create a
more comfortable environment for the child, the court
(c) An interpreter shall take an oath or affirmation to may, in its discretion, direct and supervise the
make a true and accurate interpretation. location, movement and deportment of all persons in
the courtroom including the parties, their counsel,
Section 10. Facilitator to pose questions to child. - child, witnesses, support persons, guardian ad litem,
facilitator, and court personnel. The child may be
(a) The court may, motu proprio or upon motion, allowed to testify from a place other than the witness
appoint a facilitator if it determines that the child is chair. The witness chair or other place from which the
unable to understand or respond to questions asked. child testifies may be turned to facilitate his
The facilitator may be a child psychologist, testimony but the opposing party and his counsel
psychiatrist, social worker, guidance counselor, must have a frontal or profile view of the child during
teacher, religious leader, parent, or relative. the testimony of the child. The witness chair or other
place from which the child testifies may also be
(b) If the court appoints a facilitator, the respective rearranged to allow the child to see the opposing party
counsels for the parties shall pose questions to the and his counsel, if he chooses to look at them, without
child only through the facilitator. The questions shall turning his body or leaving the witness stand. The
either be in the words used by counsel or, if the child judge need not wear his judicial robe.
is not likely to understand the same, in words that are
comprehensible to the child and which convey the Nothing in this section or any other provision of law,
meaning intended by counsel. except official in-court identification provisions, shall
be construed to require a child to look at the accused.
(c) The facilitator shall take an oath or affirmation to
pose questions to the child according to the meaning Accommodations for the child under this section need
intended by counsel. not be supported by a finding of trauma to the child.

Section 11. Support persons. - Section 14. Testimony during appropriate hours. -
The court may order that the testimony of the child
(a) A child testifying at a judicial proceeding or should be taken during a time of day when the child is
making a deposition shall have the right to be well-rested.
accompanied by one or two persons of his own
choosing to provide him emotional support. Section 15. Recess during testimony. -

(1) Both support persons shall remain within the view The child may be allowed reasonable periods of relief
of the child during his testimony. while undergoing direct, cross, re-direct, and re-cross
examinations as often as necessary depending on his
developmental level.
Section 16. Testimonial aids. - The court shall permit Section 25. Live-link television testimony in criminal
a child to use dolls, anatomically-correct dolls, cases where the child is a victim or a witness. -
puppets, drawings, mannequins, or any other
appropriate demonstrative device to assist him in his (a) The prosecutor, counsel or the guardian ad litem
testimony. may apply for an order that the testimony of the child
be taken in a room outside the courtroom and be
Section 17. Emotional security item. - While televised to the courtroom by live-link television.
testifying, a child shall be allowed to have an item of
his own choosing such as a blanket, toy, or doll. Before the guardian ad litem applies for an order
under this section, he shall consult the prosecutor or
Section 18. Approaching the witness. - The court may counsel and shall defer to the judgment of the
prohibit a counsel from approaching a child if it prosecutor or counsel regarding the necessity of
appears that the child is fearful of or intimidated by applying for an order. In case the guardian ad ltiem is
the counsel. convinced that the decision of the prosecutor or
counsel not to apply will cause the child serious
Section 19. Mode of questioning. - The court shall emotional trauma, he himself may apply for the order.
exercise control over the questioning of children so as
to (1) facilitate the ascertainment of the truth, (2) The person seeking such an order shall apply at least
ensure that questions are stated in a form appropriate five (5) days before the trial date, unless the court
to the developmental level of the child, (3) protect finds on the record that the need for such an order
children from harassment or undue embarrassment, was not reasonably foreseeable.
and (4) avoid waste of time.
(b) The court may motu proprio hear and determine,
The court may allow the child witness to testify in a with notice to the parties, the need for taking the
narrative form. testimony of the child through live-link television.

Section 20. Leading questions. - The court may allow (c) The judge may question the child in chambers, or
leading questions in all stages of examination of a in some comfortable place other than the courtroom,
child if the same will further the interests of justice. in the presence of the support person, guardian ad
litem, prosecutor, and counsel for the parties. The
Section 21. Objections to questions. - Objections to questions of the judge shall not be related to the
questions should be couched in a manner so as not to issues at trial but to the feelings of the child about
mislead, confuse, frighten, or intimidate the child. testifying in the courtroom.

Section 22. Corroboration. - Corroboration shall not (d) The judge may exclude any person, including the
be required of a testimony of a child. His testimony, if accused, whose presence or conduct causes fear to the
credible by itself, shall be sufficient to support a child.
finding of fact, conclusion, or judgment subject to the
standard of proof required in criminal and non- (e) The court shall issue an order granting or denying
criminal cases. the use of live-link television and stating the reasons
therefor. It shall consider the following factors:
Section 23. Excluding the public. - When a child
testifies, the court may order the exclusion from the (1) The age and level of development of the child;
courtroom of all persons, including members of the
press, who do not have a direct interest in the case. (2) His physical and mental health, including any
Such an order may be made to protect the right to mental or physical disability;
privacy of the child or if the court determines on the
record that requiring the child to testify in open court (3) Any physical, emotional, or psychological injury
would cause psychological harm to him, hinder the experienced by him;
ascertainment of truth, or result in his inability to
effectively communicate due to embarrassment, fear, (4) The nature of the alleged abuse;
or timidity. In making its order, the court shall
consider the developmental level of the child, the (5) Any threats against the child;
nature of the crime, the nature of his testimony
regarding the crime, his relationship to the accused (6) His relationship with the accused or adverse party;
and to persons attending the trial, his desires, and the
interests of his parents or legal guardian. The court (7) His reaction to any prior encounters with the
may, motu proprio, exclude the public from the accused in court or elsewhere;
courtroom if the evidence to be produced during trial
is of such character as to be offensive to decency or (8) His reaction prior to trial when the topic of
public morals. The court may also, on motion of the testifying was discussed with him by parents or
accused, exclude the public from trial, except court professionals;
personnel and the counsel of the parties.
(9) Specific symptoms of stress exhibited by the child
Section 24. Persons prohibited from entering and in the days prior to testifying;
leaving courtroom. - The court may order that
(10) Testimony of expert or lay witnesses;
persons attending the trial shall not enter or leave the
courtroom during the testimony of the child.
(11) The custodial situation of the child and the (b) If the court grants an application to shield the child
attitude of the members of his family regarding the from the accused while testifying in the courtroom,
events about which he will testify; and the courtroom shall be arranged to enable the accused
to view the child.
(12) Other relevant factors, such as court atmosphere
and formalities of court procedure. Section 27. Videotaped deposition. -

(f) The court may order that the testimony of the child (a) The prosecutor, counsel, or guardian ad litem may
be taken by live-link television if there is a substantial apply for an order that a deposition be taken of the
likelihood that the child would suffer trauma from testimony of the child and that it be recorded and
testifying in the presence of the accused, his counsel preserved on videotape. Before the guardian ad litem
or the prosecutor as the case may be. The trauma applies for an order under this section, he shall
must be of a kind which would impair the consult with the prosecutor or counsel subject to the
completeness or truthfulness of the testimony of the second and third paragraphs of section 25(a).
child.
(b) If the court finds that the child will not be able to
(g) If the court orders the taking of testimony by live- testify in open court at trial, it shall issue an order
link television: that the deposition of the child be taken and
preserved by videotape.
(1) The child shall testify in a room separate from the
courtroom in the presence of the guardian ad litem; (c) The judge shall preside at the videotaped
one or both of his support persons; the facilitator and deposition of a child. Objections to deposition
interpreter, if any; a court officer appointed by the testimony or evidence, or parts thereof, and the
court; persons necessary to operate the closed-circuit grounds for the objection shall be stated and shall be
television equipment; and other persons whose ruled upon at the time of the taking of the deposition.
presence are determined by the court to be necessary The other persons who may be permitted to be
to the welfare and well-being of the child; present at the proceeding are:

(2) The judge, prosecutor, accused, and counsel for (1) The prosecutor;
the parties shall be in the courtroom. The testimony of
the child shall be transmitted by live-link television (2) The defense counsel;
into the courtroom for viewing and hearing by the
judge, prosecutor, counsel for the parties, accused, (3) The guardian ad litem;
victim, and the public unless excluded.
(4) The accused, subject to sub-section (e);
(3) If it is necessary for the child to identify the
accused at trial, the court may allow the child to enter (5) Other persons whose presence is determined by
the courtroom for the limited purpose of identifying the court to be necessary to the welfare and well-being
the accused, or the court may allow the child to of the child;
identify the accused by observing the image of the
latter on a television monitor. (6) One or both of his support persons, the facilitator
and interpreter, if any;
(4) The court may set other conditions and limitations
on the taking of the testimony that it finds just and (7) The court stenographer; and
appropriate, taking into consideration the best
interests of the child. (8) Persons necessary to operate the videotape
equipment.
(h) The testimony of the child shall be preserved on
videotape, digital disc, or other similar devices which (d) The rights of the accused during trial, especially
shall be made part of the court record and shall be the right to counsel and to confront and cross-examine
subject to a protective order as provided in section the child, shall not be violated during the deposition.
31(b).
(e) If the order of the court is based on evidence that
Section 26. Screens, one-way mirrors, and other the child is unable to testify in the physical presence
devices to shield child from accused. - of the accused, the court may direct the latter to be
excluded from the room in which the deposition is
(a) The prosecutor or the guardian ad litem may apply conducted. In case of exclusion of the accused, the
for an order that the chair of the child or that a screen court shall order that the testimony of the child be
or other device be placed in the courtroom in such a taken by live-link television in accordance with section
manner that the child cannot see the accused while 25 of this Rule. If the accused is excluded from the
testifying. Before the guardian ad litem applies for an deposition, it is not necessary that the child be able to
order under this section, he shall consult with the view an image of the accused.
prosecutor or counsel subject to the second and third
paragraphs of section 25(a) of this Rule. The court (f) The videotaped deposition shall be preserved and
shall issue an order stating the reasons and describing stenographically recorded. The videotape and the
the approved courtroom arrangement. stenographic notes shall be transmitted to the clerk of
the court where the case is pending for safekeeping
and shall be made a part of the record.
(g) The court may set other conditions on the taking of (8) The circumstances surrounding the statement are
the deposition that it finds just and appropriate, such that there is no reason to suppose the declarant
taking into consideration the best interests of the child misrepresented the involvement of the accused.
child, the constitutional rights of the accused, and
other relevant factors. (c) The child witness shall be considered unavailable
under the following situations:
(h) The videotaped deposition and stenographic notes
shall be subject to a protective order as provided in (1) Is deceased, suffers from physical infirmity, lack of
section 31(b). memory, mental illness, or will be exposed to severe
psychological injury; or
(i) If, at the time of trial, the court finds that the child
is unable to testify for a reason stated in section 25(f) (2) Is absent from the hearing and the proponent of
of this Rule, or is unavailable for any reason described his statement has been unable to procure his
in section 4(c), Rule 23 of the 1997 Rules of Civil attendance by process or other reasonable means.
Procedure, the court may admit into evidence the
videotaped deposition of the child in lieu of his (d) When the child witness is unavailable, his hearsay
testimony at the trial. The court shall issue an order testimony shall be admitted only if corroborated by
stating the reasons therefor. other admissible evidence.

(j) After the original videotaping but before or during Section 29. Admissibility of videotaped and
trial, any party may file any motion for additional audiotaped in-depth investigative or disclosure
videotaping on the ground of newly discovered interviews in child abuse cases. - The court may
evidence. The court may order an additional admit videotape and audiotape in-depth investigative
videotaped deposition to receive the newly discovered or disclosure interviews as evidence, under the
evidence. following conditions:

Section 28. Hearsay exception in child abuse cases. - (a) The child witness is unable to testify in court on
A statement made by a child describing any act or grounds and under conditions established under
attempted act of child abuse, not otherwise admissible section 28 (c).
under the hearsay rule, may be admitted in evidence
in any criminal or non-criminal proceeding subject to (b) The interview of the child was conducted by duly
the following rules: trained members of a multidisciplinary team or
representatives of law enforcement or child protective
(a) Before such hearsay statement may be admitted, its services in situations where child abuse is suspected
proponent shall make known to the adverse party the so as to determine whether child abuse occurred.
intention to offer such statement and its particulars to
provide him a fair opportunity to object. If the child is (c) The party offering the videotape or audiotape must
available, the court shall, upon motion of the adverse prove that:
party, require the child to be present at the
presentation of the hearsay statement for cross- (1) the videotape or audiotape discloses the identity of
examination by the adverse party. When the child is all individuals present and at all times includes their
unavailable, the fact of such circumstance must be images and voices;
proved by the proponent.
(2) the statement was not made in response to
(b) In ruling on the admissibility of such hearsay questioning calculated to lead the child to make a
statement, the court shall consider the time, content particular statement or is clearly shown to be the
and circumstances thereof which provide sufficient statement of the child and not the product of
indicia of reliability. It shall consider the following improper suggestion;
factors:
(3) the videotape and audiotape machine or device was
(1) Whether there is a motive to lie; capable of recording testimony;

(2) The general character of the declarant child; (4) the person operating the device was competent to
operate it;
(3) Whether more than one person heard the
statement; (5) the videotape or audiotape is authentic and
correct; and
(4) Whether the statement was spontaneous;
(6) it has been duly preserved.
(5) The timing of the statement and the relationship
between the declarant child and witness; The individual conducting the interview of the child
shall be available at trial for examination by any party.
(6) Cross-examination could not show the lack of Before the videotape or audiotape is offered in
knowledge of the declarant child; evidence, all parties shall be afforded an opportunity
to view or listen to it and shall be furnished a copy of
(7) The possibility of faulty recollection of the a written transcript of the proceedings.
declarant child is remote; and
The fact that an investigative interview is not (b) Protective order. - Any videotape or audiotape of a
videotaped or audiotaped as required by this section child that is part of the court record shall be under a
shall not by itself constitute a basis to exclude from protective order that provides as follows:
evidence out-of-court statements or testimony of the
child. It may, however, be considered in determining (1) Tapes may be viewed only by parties, their
the reliability of the statements of the child describing counsel, their expert witness, and the guardian ad
abuse. litem.

Section 30. Sexual abuse shield rule. - (2) No tape, or any portion thereof, shall be divulged
by any person mentioned in sub-section (a) to any
(a) Inadmissible evidence. - The following evidence is other person, except as necessary for the trial.
not admissible in any criminal proceeding involving
alleged child sexual abuse: (3) No person shall be granted access to the tape, its
transcription or any part thereof unless he signs a
(1) Evidence offered to prove that the alleged victim written affirmation that he has received and read a
engaged in other sexual behavior; and copy of the protective order; that he submits to the
jurisdiction of the court with respect to the protective
(2) Evidence offered to prove the sexual predisposition order; and that in case of violation thereof, he will be
of the alleged victim. subject to the contempt power of the court.

(b) Exception. - Evidence of specific instances of (4) Each of the tape cassettes and transcripts thereof
sexual behavior by the alleged victim to prove that a made available to the parties, their counsel, and
person other than the accused was the source of respective agents shall bear the following cautionary
semen, injury, or other physical evidence shall be notice:
admissible.
"This object or document and the contents thereof are
A party intending to offer such evidence must: subject to a protective order issued by the court in
(case title) , (case number) . They shall not be
(1) File a written motion at least fifteen (15) days examined, inspected, read, viewed, or copied by any
before trial, specifically describing the evidence and person, or disclosed to any person, except as provided
stating the purpose for which it is offered, unless the in the protective order. No additional copies of the
court, for good cause, requires a different time for tape or any of its portion shall be made, given, sold, or
filing or permits filing during trial; and shown to any person without prior court order. Any
person violating such protective order is subject to
(2) Serve the motion on all parties and the guardian ad the contempt power of the court and other penalties
litem at least three (3) days before the hearing of the prescribed by law."
motion.
(5) No tape shall be given, loaned, sold, or shown to
Before admitting such evidence, the court must any person except as ordered by the court.
conduct a hearing in chambers and afford the child,
his guardian ad litem, the parties, and their counsel a (6) Within thirty (30) days from receipt, all copies of
right to attend and be heard. The motion and the the tape and any transcripts thereof shall be returned
record of the hearing must be sealed and remain to the clerk of court for safekeeping unless the period
under seal and protected by a protective order set is extended by the court on motion of a party.
forth in section 31(b). The child shall not be required
to testify at the hearing in chambers except with his (7) This protective order shall remain in full force and
consent. effect until further order of the court.

Section 31. Protection of privacy and safety. - (c) Additional protective orders. - The court may, motu
proprio or on motion of any party, the child, his
(a) Confidentiality of records. - Any record regarding a parents, legal guardian, or the guardian ad litem, issue
child shall be confidential and kept under seal. Except additional orders to protect the privacy of the child.
upon written request and order of the court, a record
shall only be released to the following: (d) Publication of identity contemptuous. - Whoever
publishes or causes to be published in any format the
(1) Members of the court staff for administrative use; name, address, telephone number, school, or other
identifying information of a child who is or is alleged
(2) The prosecuting attorney; to be a victim or accused of a crime or a witness
thereof, or an immediate family of the child shall be
(3) Defense counsel; liable to the contempt power of the court.

(4) The guardian ad litem; (e) Physical safety of child; exclusion of evidence. - A
child has a right at any court proceeding not to testify
(5) Agents of investigating law enforcement agencies; regarding personal identifying information, including
and his name, address, telephone number, school, and
other information that could endanger his physical
(6) Other persons as determined by the court. safety or his family. The court may, however, require
the child to testify regarding personal identifying
information in the interest of justice.

(f) Destruction of videotapes and audiotapes. - Any

videotape or audiotape of a child produced under the
provisions of this Rule or otherwise made part of the
court record shall be destroyed after five (5) years
have elapsed from the date of entry of judgment.

(g) Records of youthful offender. - Where a youthful

offender has been charged before any city or
provincial prosecutor or before any municipal judge
and the charges have been ordered dropped, all the
records of the case shall be considered as privileged
and may not be disclosed directly or indirectly to
anyone for any purpose whatsoever.

Where a youthful offender has been charged and the

court acquits him, or dismisses the case or commits
him to an institution and subsequently releases him
pursuant to Chapter 3 of P. D. No. 603, all the records
of his case shall also be considered as privileged and
may not be disclosed directly or indirectly to anyone
except to determine if a defendant may have his
sentence suspended under Article 192 of P. D. No. 603
or if he may be granted probation under the
provisions of P. D. No. 968 or to enforce his civil
liability, if said liability has been imposed in the
criminal action. The youthful offender concerned shall
not be held under any provision of law to be guilty of
perjury or of concealment or misrepresentation by
reason of his failure to acknowledge the case or recite
any fact related thereto in response to any inquiry
made to him for any purpose.

"Records" within the meaning of this sub-section shall

include those which may be in the files of the National
Bureau of Investigation and with any police
department or government agency which may have
been involved in the case. (Art. 200, P. D. No. 603)

Section 32. Applicability of ordinary rules. - The

provisions of the Rules of Court on deposition,
conditional examination of witnesses, and evidence
shall be applied in a suppletory character.

Section 33. Effectivity. - This Rule shall take effect on

December 15, 2000 following its publication in two (2)
newspapers of general circulation.