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A CHILD WITNESS
December 15, 2000
Reason behind the rule
In 1989, world leaders decided that children needed
a special convention just for them because people under 18
years old often need special care and protection that
adults do not. The leaders also wanted to make sure that
the world recognized that children have human rights too.
The United Nation Convention on the Rights of the Child
was signed into law. The Philippines ratified the same on
January 26, 1990. Article twelve (12) thereof states:
State parties shall assure to the child who
is capable of forming his or her own views
the right to express those views freely in
all matters affecting the child, the views
of the child being given due weight in
accordance with the age and maturity of
the child.
For this purpose, the child shall in
particular be provided the opportunity to
be
heard
in
any
judicial
and
administrative proceedings affecting the
child, either directly, or through a
representative or an appropriate body, in
a manner consistent with the procedural
rules of national law.
Related laws
1. PD 603 the Child Youth and Welfare Code Dec 10, 1974
2. RULE ON JUVENILES IN CONFLICT WITH THE LAW
[A.M. NO. 02-1-18-SC 2002-02-28]
April 15, 2002
3. RA 9344 Juvenile Justice and Welfare System April 2006
Discussion: Rule on examination of a child witness
Q: To whom applicable?
A: governs the examination of child witnesses who are:
1.
victims of a crime
2.
accused of a crime
3.
witnesses to crime
Except otherwise provided.
Q: In what proceedings is it applicable?
A: in all criminal and non-criminal proceedings involving
child witnesses
Q: What are the objectives of the Rule?
A:
1.
create and maintain an environment that
will allow children to give reliable and
competent evidence
2.
To minimize trauma to children
3.
4.
legal
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7.
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2.
3.
4.
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7.
8.
9.
10.
11.
12.
NB: the court may order that the testimony of the child
be taken by live-link television if there is a substantial
likelihood that the child will suffer trauma from
testifying in the presence of the accused, his counsel or
the prosecutor as the case may be.
Q: What kind of trauma?
A: that which would impair the completeness
truthfulness of the testimony of the child
or
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2.
sexual
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