RULE ON EXAMINATION OF

A CHILD WITNESS
 Introduction

By virtue of the rule-making power granted

to the Supreme Court emanating from the
Constitution together with our country’s
adoption , as the 31st signatory , the United
Nations Convention of Human Rights of the
Child (Convention) which embodies an all-
inclusive affirmation and worldwide
recognition of Children’s rights, our
Supreme Court promulgated the rule on
Examination of the Child
 Witness (Rule) which acknowledges the
special concerns of the Child witnesses that
need to be addressed while testifying
before the criminal, civil, legislative, or
administrative proceeding. (comments from
April A. Gerero on the Justice Oscar
Herrera’s book on COMMENTS ON THE RULE
ON EXAMINATION OF A CHILD WITNESS)
 Before the passing the Convention on
the Rights of the Child, the same
commentator quoted Justice Puno on the
“the doctrine of Best Interest of the Child
enshrined in its reform initiatives for
children… The standard of ‘best interest of
the child’ in the system of adjudication for
youthful offenders can be sustained by
doctrine of parens patriae, or the important
duty of the government to act for the
State as guardian of the rights of the
people.”
 The aforementioned author also identified
the five important laws that were created in
relation with the thrust of the said
convention namely:
a. Republic Act No. 7610 (Act providing
for a strong deterrence and Special
Protection against Child Abuse
,Exploitation, And for Other Purposes)
b. Presidential Decree No. 603 (Child and
Youth Welfare Code)
 c. Republic Act No. 9262 (VAWC)
d.Republic Act No. 9344 (Act establishing
A Comprehensive Juvenile Justice and
Welfare System )
e. Republic Act No. 8369 (Act establishing
Family Courts , Granting them Exclusive
Original Jurisdiction Over The Child And
Family Cases, Amending Batas Pambansa
129
RULE ON THE EXAMINATION OF A
CHILD WITNESS

DATE OF EFFECTIVITY:

Rule shall take effect on December 15,

2000 following its publication in two (2)
newspapers of general circulation.
Sec.1 APPLICABILITY

Unless otherwise provided , this rule shall

govern the examination of child witnesses
who are:

1. VICTIMS of a Crime
2. ACCUSED of a Crime
3. WITNESS to Crime.
Sec.2 OBJECTIVES
Applies in ALL criminal proceedings and
non-criminal proceedings involving child
witnesses.
1. create and maintain an environment that
will allow children to give reliable and
complete evidence.
2.minimize trauma to children
3. encourage children to testify in legal
proceedings
4. facilitate the ascertainment of truth.
Sec. 3 CONSTRUCTION OF THE RULE

Liberally construed to uphold the best

interests of the child and to promote
maximum accommodation of the child
witness without prejudice to the
constitutional rights of the accused.
Sec.4 DEFINITIONS

A. Child Witness: any person who at the

time of giving testimony is below the age of
eighteen (18) years
*In child abuse cases: a child includes one
over eighteen (18) years but is found by the
court as unable to fully take care of himself
or protect himself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
B.Child abuse : physical, psychological or
sexual abuse and criminal neglect as
defined in Republic Act No. 7610 and other
related laws.

C. Facilitator: means a person appointed

by the court to pose questions to a child.
E. Guardian ad litem: a person
appointed by the court where the case is
pending for a child who is a victim of,
accused of, or a witness to a crime to
protect the best interests of the said child.

F. Support person: a person chosen by

the child to accompany him to testify at or
attend a judicial proceeding or deposition to
provide emotional support for him.
G. Best interests of the child: the
totality of the circumstances and conditions
as are most congenial to the survival,
protection, and feelings of 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 development
of the child.
H. Developmental level: refers to the
specific growth phase in which most
individuals are expected to behave and
function in relation to the advancement of
their physical, socio-emotional, cognitive,
and moral abilities.
I. In-depth investigative
interview or disclosure interview:
inquiry or proceeding conducted by duly
trained members of a multi-disciplinary
team or representatives of law enforcement
or child protective services for the purpose
of determining whether child abuse has
been committed.
Sec.5 (a) Guardian ad litem

(Who appoints and How

appointment is made?)
The court may appoint a
guardian ad litem for a child
who is a victim of, accused of,
or a witness to a crime to
promote the best interests of
the child
How?
In making the appointment, the court shall
consider
the background of the guardian ad litem
his familiarity with the judicial process, social
service programs, and child development, giving
preference to the parents of the child, if qualified.
*The guardian ad litem may be a member
of the Philippine Bar
However, A person who is a witness in any
proceeding involving the child cannot be
appointed as a guardian ad litem.
What shall he do?

Sec. 5 (b)
(1) shall attend all interviews, depositions,
hearings, and trial proceedings in which a
child participates;

(2) shall make recommendations to the

court concerning the welfare of the child;

(3) shall have access to all reports,

evaluations, and records necessary to
effectively advocate for the child, except
privileged communications;
(4) shall marshal and coordinate the
delivery of resources and special services to
the child;
(5) shall explain, in language
understandable to the child, all legal
proceedings, including police investigations,
in which the child is involved;
(6) shall assist the child and his family in
coping with the emotional effects of crime
and subsequent criminal or non-criminal
proceedings in which the child is involved;
(7) may remain with the child while the
child waits to testify;

(8) may interview witnesses; and

(9) may request additional examinations by

medical or mental health professionals if
there is a compelling need therefor.
(c ) The guardian ad litem shall be notified
of all proceedings but shall not participate
in the trial. However, he may file motions
pursuant to Sections 9, 10, 25, 26, 27 and
31(c).
Sec. 9. Interpreter for child.
Sec. 10. Facilitator to pose questions to
child.
Sec. 25. Live-link television testimony in
criminal cases where the child is a victim
or a witness.
Sec. 26. Screens, one-way mirrors, and
(d) The guardian ad litem may
communicate concerns regarding the child
to the court through an officer of the court
designated for that purpose.
(e) The guardian ad litem shall not testify in
any proceeding concerning any information,
statement, or opinion received from the
child in the course of serving as a
guardian ad litem, unless the court finds it
necessary to promote the best interests of
the child.
(f) The guardian ad litem shall be presumed
to have acted in good faith in compliance
with his duties described in Sub-section (b).
 Sec. 6. Competency

Every child is presumed qualified to be a

witness. However, the court shall conduct a
competency examination of a child, motu
proprio or on motion of a party, when it
finds that substantial doubt exists regarding
the ability of the child to perceive,
remember, communicate, distinguish truth
from falsehood, or appreciate the duty to
tell the truth in court.
(a) Proof of necessity: A party seeking a
competency examination must present
proof of necessity of competency
examination. The age of the child by itself is
not a sufficient basis for a competency
examination.
.
(b) Burden of proof: To rebut the
presumption of competence enjoyed by a
child, the burden of proof lies on the party
challenging his competence.
c) Persons allowed at competency
examination: Only the following are
allowed to attend a competency
examination:
(1) The judge and necessary court
personnel;
(2) The counsel for the parties;
(3) The guardian ad litem;
(4) One or more support persons for the
child; and
(5) The defendant, unless the court
(d) Conduct of examination:
Examination of a child as to his competence
shall be conducted only by the judge.
Counsel for the parties, however, can
submit questions to the judge that he may,
in his discretion, ask the child.
(e) Developmentally appropriate
questions: The questions asked at the
competency examination shall be
appropriate to the age and developmental
level of the child; shall not be related to the
issues at trial; and shall focus on the ability
of the child to remember, communicate,
distinguish between truth and falsehood,
and appreciate the duty to testify truthfully.
(f) Continuing duty to assess
competence: The court has the duty of
continuously assessing the competence of
the child throughout his testimony.
 Sec. 7. Oath or affirmation

Before testifying, a child shall take an oath

or affirmation to tell the truth.
Sec. 8. Examination of a child
witness

The examination of a child witness

presented in a hearing or any proceeding
shall be done in open court. Unless the
witness is incapacitated to speak, or the
question calls for a different mode of
answer, the answers of the witness shall be
given orally.
The party who presents a child witness or
the guardian ad litem of such child witness
may, however, move the court to allow him
to testify in the manner provided in this
 Sec. 9. Interpreter for child

(a) When a child does not understand the

English or Filipino language or is unable to
communicate in said languages due to his
developmental level, fear, shyness,
disability, or other similar reason, an
interpreter whom the child can understand
and who understands the child may be
appointed by the court, motu proprio or
upon motion, to interpret for the child.
(b) If a witness or member of the family of
the child is the only person who can serve
as an interpreter for the child, he shall not
be disqualified and may serve as the
interpreter of the child. The interpreter,
however, who is also a witness, shall testify
ahead of the child.
(c) An interpreter shall take an oath or
affirmation to make a true and accurate
interpretation.
 Sec. 10. Facilitator to pose
questions to child

(a) The court may, motu proprio or upon

motion, appoint a facilitator if it determines
that the child is unable to understand or
respond to questions asked. The facilitator
may be a child psychologist, psychiatrist,
social worker, guidance counselor, teacher,
religious leader, parent, or relative.
(b) If the court appoints a facilitator, the
respective counsels for the parties shall
pose questions to the child only through the
facilitator. The questions shall either be in
the words used by counsel or, if the child is
not likely to understand the same, in words
that are comprehensible to the child and
which convey the meaning intended by
counsel.
(c) The facilitator shall take an oath or
affirmation to pose questions to the child
according to the meaning intended by
counsel.
Sec. 11. Support persons:

(a) A child testifying at a judicial proceeding

or making a deposition shall have the right
to be accompanied by one or two persons
of his own choosing to provide him
emotional support.
(1) Both support persons shall remain
within the view of the child during his
testimony.
(2) One of the support persons may
accompany the child to the witness stand,
provided the support person does not
completely obscure the child from the view
of the opposing party, judge, or hearing
officer.
(3) The court may allow the support person
to hold the hand of the child or take other
appropriate steps to provide emotional
support to the child in the course of the
proceedings.
(4) The court shall instruct the support
persons not to prompt, sway, or influence
the child during his testimony.
 Sec. 13. Courtroom
environment

The child may be allowed to testify from a

place other than the witness chair. The
witness chair or other place from which the
child testifies may be turned to facilitate his
testimony but the opposing party and his
counsel must have a frontal or profile view
of the child during the testimony of the
child.
The witness chair or other place from which
the child testifies may also be rearranged to
allow the child to see the opposing party
and his counsel, if he chooses to look at
them, without turning his body or leaving
the witness stand. The judge need not
wear his judicial robe.
Includes:
Sec. 23. Excluding the public
Sec. 24. Persons prohibited from entering
and leaving courtroom.
Sec. 25. Live-link television tersimony in
criminal cases where the child is a victim or
a witness.
Sec.26. Screens, one-way mirrors, and
other devices to shield child from accused
Sec. 14. Testimony during appropriate
hours: The court may order that the
testimony of the child should be taken
during a time of day when the child is well-
rested.
Sec. 15. Recess during testimony:
The child may be allowed reasonable
periods of relief while undergoing direct,
cross, re-direct, and re-cross examinations
as often as necessary depending on his
developmental level.
Sec. 16. Testimonial aids: 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.
Sec. 17. Emotional security item: While
testifying, a child shall be allowed to have
an item of his own choosing such as a
blanket, toy, or doll.
Sec. 18. Approaching the witness
Sec. 19. Mode of questioning: The court
shall exercise control over the questioning
of children so as to
(1) facilitate the ascertainment of the truth;
(2) ensure that questions are stated in a
form appropriate to the developmental level
of the child; (3) protect children from
harassment or undue embarrassment;
and
(4) avoid waste of time.
The court may allow the child witness to
testify in a narrative form.
Sec. 20. Leading questions
Sec. 21. Objections to questions
Sec. 22. Corroboration
Sec. 28. Hearsay exception in
child abuse cases

A statement made by a child describing any

act or attempted act of child abuse, not
otherwise admissible under the hearsay
rule, may be admitted in evidence in any
criminal or non-criminal proceeding subject
to the following rules:
(a) Before such hearsay statement may be
admitted, its proponent shall make known
to the adverse party the intention to offer
such statement and its particulars to
provide him a fair opportunity to object. If
the child is available, the court shall, upon
motion of the adverse party, require the
child to be present at the presentation of
the hearsay statement for cross-
examination by the adverse party. When
the child is unavailable, the fact of such
circumstance must be proved by the
(b) In ruling on the admissibility of such
hearsay statement, the court shall consider
the time, content and circumstances
thereof which provide sufficient indicia of
reliability. It shall consider the following
factors:
(1) Whether there is a motive to lie;
(2) The general character of the declarant
child;
(3) Whether more than one person heard
the statement;
(4) Whether the statement was
(5) The timing of the statement and the
relationship between the declarant child
and witness;
(6) Cross-examination could not show the
lack of knowledge of the declarant child;
(7) The possibility of faulty recollection of
the declarant child is remote; and
(8) The circumstances surrounding the
statement are such that there is no reason
to suppose the declarant child
misrepresented the involvement of the
accused.
(c) The child witness shall be considered
unavailable under the following situations:
(1) Is deceased, suffers from physical
infirmity, lack of memory, mental illness, or
will be exposed to severe psychological
injury; or
(2) Is absent from the hearing and the
proponent of his statement has been unable
to procure his attendance by process or
other reasonable means.
(d) When the child witness is unavailable,
his hearsay testimony shall be admitted
(in relation to previous provision)
Sec. 29. Admissibility of videotaped and
audiotaped in-depth investigative or
disclosure interviews in child abuse cases
Sec. 30. Sexual abuse shield rule:
(a) Inadmissible evidence.— The following
evidence is not admissible in any criminal
proceeding involving alleged child sexual
abuse:
(1) Evidence offered to prove that the
alleged victim engaged in other sexual
behavior; and
(2) Evidence offered to prove the sexual
predisposition of the alleged victim.
(b) Exception.— Evidence of specific
instances of sexual behavior by the alleged
victim to prove that a person other than the
accused was the source of semen, injury, or
other physical evidence shall be admissible.
Sec. 31. Protection of privacy
and safety
seal. Except upon written request and order
of the court, a record shall only be released
to the following:
(1) Members of the court staff for
administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement
agencies; and
(6) Other persons as determined by the
court.
(b) Protective order.— Any videotape or
audiotape of a child that is part of the court
record shall be under a protective order
that provides as follows:
(1) Tapes may be viewed only by parties,
their counsel, their expert witness, and the
guardian ad litem.
(2) No tape, or any portion thereof, shall be
divulged by any person mentioned in Sub-
section (a) to any other person, except as
necessary for the trial.
(3) No person shall be granted access to the
tape, its transcription or any part thereof
unless he signs a written affirmation that he
has received and read a copy of the
protective order; that he submits to the
jurisdiction of the court with respect to the
protective order; and that in case of
violation thereof, he will be subject to the
contempt power of the court.
(4) Each of the tape cassettes and
transcripts thereof made available to the
parties, their counsel, and respective
agents shall bear the following cautionary
notice:
 Effects of Sexual Acts and abuses
on children

Though there was not sufficient data

that can be gleaned from the cases
decided by the Supreme Court, we
have resorted to a research entitled
“An Interdisciplinary Analysis of
Philippine Jurisprudence on Child
Sexual Abuse, Adhikain Para sa
Karapatang Pambata” by Ateneo
Human Rights Center; United Nations
Children’s Fund Philippines additional
information that may give us more
● symptoms found to be exhibited by child
victims.
1. They may become fearful and lose their
appetite (People vs. Melivo, G.R. No.
113029, February 8, 1996; People vs.
Mangalino G.R. No. 79011, February 15,
1990; People vs. Garcines, G.R. No. L-
32321, June 28, 1974)
2.Some may become pensive, stop playing
with other children and stop tidying herself
3. sexually abused children view their
experience as overwhelmingly sad and
painful, irrevocably damaged by the
experience. They felt angry and betrayed.
(Carandang study,1996)
Additional information from the research
paper includes victim’s reaction to sexual
abuse that is also worth noting. (Kendall-
Tacket, Williams & Finkhor, 1993 as cited in
Papalia & Olds, 1998)

Age Most Common Symptoms

Preschool Anxiety
(3-6 yrs.) Nightmares
School-age children Fear
(7 - 12 yrs.) Mental illness
Aggression
Nightmares
School problems
Hyperactivity
Adolescents Depression
(13 - 20 yrs.) Withdrawn, suicidal or self-
injurious behaviors
Physical complaints
Illegal acts
Running away
Substance abuse