EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS
3. COMPETENCY OF CHILD WITNESS;
COMPETENCY EXAMINATION
-> SECTION 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 determines that
competence can be fully evaluated in his absence. 
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(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.


1.
People of the Philippines v. Edison
Magbitang, G.R. No. 175592, 14
June 2016 ->
FACTS: Defendant Edison Magbitang was charged with
rape with homicide under the
information  filed by the Provincial
Prosecutor of Nueva Ecija on
February 22, 1999 in the Regional
Trial Court (RTC) in Guimba, Nueva
Ecija. Magbitang raped a 7-year-old
child called AAA. Evidence for the
State shows that at around 5 p.m. of
December 25, 1998, 7-year old
AAA asked permission from her
EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS
mother, BBB, to go to a nearby store.
BBB allowed her daughter to leave
the house, but the child did not return
home. Later that evening, the child's
lifeless body was found by the
riverbank. The post-mortem
examination of her cadaver revealed
that she had succumbed to
asphyxiation, and that there were
"incidental findings compatible to
rape.” 
 of the rape with homicide existed in
The lone witness to what had
befallen AAA was 6-year old CCC,
who recalled in court that he and AAA
had been playing when Magbitang
approached AAA; and that Magbitang
brought AAA to his house. CCC
testified on re-direct examination that
he had witnessed Magbitang raping
AAA (inasawa), as well as burning
her face with a cigarette (sininit-sinit).
 CA RULING: Affirmed RTC’s ruling
RESPONDENT’S CONTENTION: Magbitang, denying
the accusation, claimed that he had
attended a baptismal party on
December 25, 1998, and had been in
the party from 4:00 p.m. to 5:00 p.m.;
that from the party he had gone
looking for his nephew to have the
latter tend to his watermelon farm;
that he had returned home by around
6 p.m.; that at around 7:30 p.m., he
had gone to his farm to check on his
Page 2 of 7
nephew; and that he and his wife had
remained in the farm until 4 a.m. of
the following day.

RTC RULING: CCC had the capacity to observe,
recollect and communicate what he
had witnessed; hence, he was
entitled to credence. It ruled that
sufficient circumstantial evidence
pointing to Magbitang as the author
the records considering his being the
last person seen with AAA; that he
had admitted leaving the drinking
session at the party around 4:00 p.m.
or 5:00 p.m., thereby substantiating
CCC's testimony; and that AAA's
lifeless body had been found at the
back of his house



ISSUE: Whether CCC, being a child of tender age, was
not a competent witness because his
testimony was filled with
inconsistencies and suffered from
improbabilities which was
unfounded?
RULING: NO, CCC, being a child of tender age, is a
competent witness. Under the
Rules of Court, a child may be a
competent witness, unless the trial
EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS
court determines upon proper
showing that the child's mental
maturity is such as to render him
incapable of perceiving the facts
respecting which he is to be
examined and of relating the facts
truthfully. The testimony of the child
of sound mind with the capacity to
perceive and make known the
perception can be believed in the
absence of any showing of an
improper motive to testify. Once it is
established that the child fully
understands the character and
nature of an oath, the testimony is
given full credence. In the case of
CCC, the Defense did not
persuasively discredit his worthiness
and competence as a witness. As
such, the Court considers the
reliance by the trial court on his
recollection fully justified.







4. EXAMINATION OF A CHILD WITNESS  RULING: YES, he examination of Veverly as witness
-> SECTION 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.
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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 Rule. 


1.People of the Philippines v. Rene
Santos, G.R. No. 172322, 8
September 2006. ->
FACTS: For allegedly sexually assaulting 5-year-old
Veverly Ann Cabanes y Mabalot,
defendant Rene Santos was charged
with Rape. Upon arraignment,
Santos pleaded not guilty to the
charge. Trial thereafter ensued, after
which the Regional Trial Court of
Macabebe, Pampanga, Branch 55,
rendered judgment imposing the
death penalty. 

ISSUE: Whether the examination of Veverly as witness
complied with the requirements of
Section 8?

complied with the requirements of
Section 8. 



The trend in procedural law is to give
a wide latitude to the courts in
exercising control over the
EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS
questioning of a child witness. Under
Sections 19 to 21 of the Rules on
Examination of a Child Witness, child
witnesses may testify in a narrative
form and leading questions may be
allowed by the trial court in all stages
of the examination if the same will
further the interest of justice. It must
be borne in mind that the offended
party in this case is a 6-year old
minor who was barely five when she
was sexually assaulted. As a child of
such tender years not yet exposed to
the ways of the world, she could not
have fully understood the enormity of
the bestial act committed on her
person. Indeed —
 the child witness. This perceived
Studies show that children,
particularly very young children,
make the "perfect victims." They
naturally follow the authority of adults
as the socialization process teaches
children that adults are to be
respected. The child's age and
developmental level will govern how
much she comprehends about the
abuse and therefore how much it
affects her. If the child is too young to
understand what has happened to
her, the effects will be minimized
because she has no comprehension
of the consequences. Certainly,
children have more problems in
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providing accounts of events
because they do not understand
everything they experience. They do
not have enough life experiences
from which to draw upon in making
sense of what they see, hear, taste,
smell and feel. Moreover, they have a
limited vocabulary. . . . With her
limited comprehension, the child
could not have a perfect way of
relating that she had been sexually
abused. (Emphasis and italics
supplied)

The record discloses that the
questions propounded by the judge
were intended to elicit the truth from
undue inquisitiveness of the judge
did not unduly harm the substantial
rights of the appellant. In fact, it is
only to be expected from the judge
who, with full consciousness of his
responsibilities could not, and should
not, easily be satis ed with
incompleteness and obscurities in
the testimonies of the witness.





We have held time and again that
testimonies of rape victims who are
young and immature, as in this case,
deserve full credence considering
that no young woman, especially one
EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS Page 5 of 7

of tender age, would concoct a story INTERPRETER: Witness pointed to

of de oration, allow an examination of a person inside the courtroom who
her private parts, and thereafter [when] asked gave his name as
pervert herself by being subject to a Rene Santos.

public trial if she was not motivated 

solely by the desire to obtain justice Q: Between the period of July 17 to
for the wrong committed against her. 23, 1999, do you remember where
It is highly improbable for an innocent were you? A:Yes, sir.

girl of tender years like the victim, Q:Where were you then? You said
who is very naive to the things of this you know this Rene Santos, why do
world, to fabricate a charge so you know him?

humiliating not only to herself but A: Because he raped me, sir.

also to her family. Stated succinctly, it Q: Can you remember when was
is beyond the mind-set of a six-year that? 

old child, like the offended party A: Yes, sir.

herein, to fabricate a malicious Q:When?

accusation against appellant if the A: I do not know when, sir. IHTASa 

crime did not truly transpire. Verily, Q: Do you recall where?

when a guileless girl of six credibly A: In their house, sir.

declares that she has been raped, Q: And where is that house? 

she has said all that is necessary to A: In Sulipan, sir.

prove the ravishment of her honor.
 Q: In Apalit, Pampanga?

The trial court and the Court of A Yes, sir.

Appeals gave credence to the Q You said that this Rene Santos
testimony of Veverly who was only raped you, what particular actuations
six years old when she narrated the did he do?

sordid details of her ravishment, viz:
 A He inserted his penis, sir. 

FISCAL PINEDA Questioning: If Q Where?

Rene Santos is inside this courtroom, A Here, sir, in my vagina. 

can you point at him? 
 INTERPRETER: Witness pointing to
WITNESS: Yes, sir.
 her private organ. 

Q: Please point at him? A There he Q Where did that happen?

is, sir. 
 A In their house, sir.

EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS Page 6 of 7

Q In what portion of his house?
 2. People of the Philippines v. Cerilo

A Inside their house, sir.
 Ilogon, G.R. No. 206294, 29 June
Q You said that Rene Santos 2014. -> FACTS: Defendant Cerilo
inserted his penis into your vagina, "Iloy" Ilogon was charged with the
what did you feel?
 crime of qualified rape with the
A I felt pain, sir.
 Regional Trial Court of Cagayan de
A When he inserted his penis into Oro City, Branch 37.
your vagina did he have any
clothings (sic)?
 ISSUE: Whether leading questions may be asked to a
ATTY. VIOLA: Leading, Your Honor. 
 rape victim, a child of tender years?
J: Reform the question. aCTcDH 

Q When he inserted his penis into RULING: YES, leading questions may be asked to a
your vagina, what was his rape victim, a child of tender years.
appearance?
 Some leading questions were warranted given the
A It was hard, sir.
 circumstances. A child of tender years may be asked
Q What was hard? 
 leading questions under Section 10 (c), Rule 132 of the
A His penis, sir. 
 Rules of Court. Section 20 of the 2000 Rule on
Q Is this Rene Santos inside this Examination of a Child Witness also provides that the
courtroom?
 court may allow leading questions in all stages of
WITNESS Answering
 examination of a child if the same will further the interests
Yes, sir.
 of justice. This rule was formulated to allow children to
Q Point to him? A There he is, sir. 
 give reliable and complete evidence, minimize trauma to
INTERPRETER: Witness pointed to children, encourage them to testify in legal proceedings
a person inside the courtroom who and facilitate the ascertainment of truth. 
when asked gave his name as Rene
Santos. 28 (Emphasis and italics The medical report of the physician confirms the
supplied) 
 truthfulness of the charge. While indeed the physician

 was not presented in court, it bears underscoring

 however that medical examinations are merely

 corroborative in character and not an indispensable

 element for conviction in rape.  
EVIDENCE JAN 23 CHILD WITNESS CASE DIGESTS Page 7 of 7

AAA, in open court, also related the painful ordeal of her Q: And when Iloy removed his clothes and you were on
sexual abuse by appellant down to the sordid details. The the oor, what did he do to you if any?
trial court, which had the better position to evaluate and
appreciate testimonial evidence found AAA's testimony to A: He covered my mouth.

be more credible than that of the defense. Q: After he covered your mouth, what did he do next? A:
He kissed my mouth.
Of primary importance in rape cases is the credibility of
the victim's testimony because the accused may be xxx xxx xxx

convicted solely on said testimony provided it is credible, Q: What did he use to prick your vagina AAA?
natural, convincing and consistent with human nature and
the normal course of things. Testimonies of child victims A: His penis.

are given full weight and credit, for when a woman or a Q: Did you see Iloy used (sic) his penis to prick your
girl-child says that she has been raped, she says in effect vagina [AAA]? A: Yes, Ma'am.
all that is necessary to show that rape was indeed
xxx xxx xxx

committed. Youth and maturity are generally badges of
Q: When Iloy pricked your vagina with his penis what did
truth and sincerity.
you feel?


A: I felt pain.

Q: And considering that you felt pain, didn't you shout?

Q: By the way do you know Cerilo Ilogon or Iloy? A: Yes, A: But he covered my mouth.

Ma'am.
 Q: And after he pricked your vagina with his penis, what if
Q: And are you neighbors with "Iloy"?
 any did Iloy do? A: He also inserted his finger into my
A: Yes, Ma'am. vagina.

Q: What did you feel when Iloy directed his finger into
xxx xxx xxx
 your vagina?

Q: Where were you when Iloy removed his clothes in his A: It's Painful.

house? Q: And did you cry because of the pain?

A: Yes, Ma'am. 21
A: I was on the floor.

Q: On the floor of Iloy's house?

A: Yes, Ma'am.