Republic of The Philippines Bulacan State University

Republic of the Philippines

Bulacan State University
City of Malolos
Tel. No. (044) 919-7800 to 99 Local 1022
Office of the Vice President for Academic Affairs
Module Writing Guidelines

Rationale:
The COVID-19 pandemic has changed education forever (Li, Lalani, & World
Economic Forum, 2020). With schools shut down across the globe, millions of
instructors and students have had to adapt to new learning set-up. Bulacan State
University as higher education is committed to providing education that is accessible
to deserving and qualified students through internationally-recognized and industry-
responsive programs set in a 21st-century learning environment; thus the university
will adopt the flexible mode of learning in forms of synchronous, asynchronous, and
remote printed learning, as one of the considerations of the Commission on Higher
Education to mitigate the spread of novel coronavirus.
Furthermore, in this New Normal education set-up, the University with the Office of the
Vice President for Academic Affairs under the Unit of Educational Policy Development
proposed a pro forma for the development of modules by the faculty. Instructional
materials must be modified or redesigned to be effective for the online environment
(Design Teach Engage, 2019). The module pro forma will address concerns on the
learning of the students especially on the absence of teachers, promoting self-paced,
self-contained, and self-directed learning which still aligned with the target learning
competencies prescribed by the curriculum.
And to answer the call, the university needs to prepare learning materials that
are responsive to the New Learning Environment; moreover, this module writing
guidelines is hereby proposed.
General Guidelines:
1. Faculty members recommended by the Deans of the different colleges shall be
clustered according to areas to collaborate on the development of modules.
2. Clear, achievable goals or outcomes must be clearly stated at the beginning of each
module.
3. The module must ensure to enable learners to achieve a level of competence
prescribed by the course.
4. The module must be well designed that will ensure learners can go through the
material at their own pace and at their own time.
5. The syllabus must be included in the first part of the module.
6. The following parts should be included in the Module per unit; at least 4 lessons per
unit is advised.
UNIT TITLE: Court Testimony Basic Legal Concepts
TITLE OF THE LESSONS:
Lesson 1: Nature of Court Testimony
Lesson 2: Presumption in Favor of Competence of a Witness
Lesson 3: Qualification of Witness
Lesson 4: Other Factors that Affect the Competency of a Witness
DURATION: 9 Hours
INTRODUCTION:
• This module is intended to equip the students with the proper learning in
applicable law and procedure relative to court testimony and testimonial
evidence;
• Provide the students with an overview of the court testimony and its importance
in the trial of the case;
• This module will provide all the necessary legal knowledge that is relevant in
the study of this course from the basic legal concepts to the most complex ones
insofar as court testimony is concerned.
• This module is relevant especially to law students because this will help them
to be familiarized with the reality of the court processes specifically from filing
to promulgation of judgment.
OBJECTVES/ COMPETENCIES:
• To be able to come up with a module that will set a guide for the students to
learn the basic skills in court testimony or oral evidence with ease;
• To provide the students with an overview of the nature of testimonial evidence;
• To gain familiarity with these legal concepts and be able to understand its
importance in actual court cases, court testimony, witnesses and their
qualifications.
PRETEST:
1. What do you understand about court testimony?
2. Why do you think learning about court testimony is important?

LEGAL PROPER/COURSE METHODOLOGY:
LESSON 1: Nature of a Court Testimony:
Court Testimony- “Court testimony” refers to the statements made by witnesses and,
when relevant, defendants during the course of a trial.1
Testimony or oral evidence is elicited from the mouth of a witness as distinguished
from the real and documentary evidence. (Black Law’s Dictionary)
In the Philippines, it is the Rules on Evidence as amended by the 2019 Proposed

Amendments to the Revised Rules on Evidence which governs court testimonies
before our courts which took effect on May 1, 20202
1
https://www.enotes.com/homework-help/what-court-testimony-736754; answered by Walter Fischer.
2
A.M. No. 19-08-15-SC
LESSON 2: Presumption in Favor of Competence of a Witness:
Presumption in Favor of Competence of a Witness:

As a general rule, a person who takes the stand as witness is presumed to be
qualified to testify. A party who desires to ask a question the competence of a witness
must do so by making an objection as soon as the facts tending to show incompetency
are apparent. 3
In People v. Crisostomo,23 this Court held that the discordance in the
testimonies of witnesses on minor matters heightens their credibility and shows that
their testimonies were not coached or rehearsed, especially where there is
consistency in relating the principal occurrence and positive identification of the
assailant.4
In an American jurisprudence,5 the US Supreme Court ruled that a witness who
suffers from multiple personality disorder is a competent witness and that a witness is
presumed competent. The determination of a witness’ competency is a matter of
sound discretion of the trial court, whose determination is reviewable only when a
manifest abuse of discretion has occurred.6
In People vs. Borja,7 the Court ruled that when there are discrepancies in the
testimonies of the witnesses, such do not materially affect prosecution’s case.
3
Jones on evidence, Volume 3, cited in Evidence by Riano, 2016
4
354 Phil. 867, 876 (1998)., cited in GR. No. 201584, People of the Philippines vs. Avila, June 15, 2016
5
Thornton vs. State, 653 N.E. 2d 493 (1995)
6
Ibid.
7
GR No. 71838, February 26, 1990
LESSON 3: Qualifications of a Witness:
Section 21, of Rule 130 on the Rules on Evidence provides:

Witnesses; their qualifications- All persons who can perceive, and
perceiving, can make known their perception to others, may be
witnesses
Religious or political belief, interest in the outcome of the case, or
conviction of a crime, unless otherwise provided by law, shall not
be a ground for disqualification. 8
The foregoing provides for the qualifications of a witness:
(a) He can perceive;
(b) Make known his or her perception to others;
In addition to the above-mentioned qualifications a witness must:
(c) He must take either an oath or affirmation; (Section 1, Rule 132, Rules on
Evidence as amended) and
(d) He must not possess any of the disqualifications imposed by law or the
rules.9
Oath or Affirmation:
The willingness to take an oath or affirmation is an essential qualification of a
witness. No court would and should allow the testimony of someone who desires to
testify but refuses to swear or make an affirmation. 10
In one American Case, it was ruled that it is not required that the understanding of
the importance of an oath be detailed one. It is enough that the witness understands
and believes that some evil will occur to him for lying.11
In a case decided by the Supreme Court, it was held that requiring all witnesses in
a judicial trial or hearing to be examined before the court under oath or affirmation as
provided under Section 1, Rule 132 is one of the solutions to address the problem of
controlling inadmissible hearsay as evidence to establish the truth in a dispute and to
safeguard the right of a party to cross-examine (his) or her adversary’s witness.12
Ability to perceive:
8
A.M. No. 19-08-15-SC
9
Evidence (The Bar Lecture Series) by Willard B. Riano, 2016 pages 181-182
10
Evidence (The Bar Lecture Series) by Riano, page 182, 2016
11
People vs. Berry (1968) cited in Evidence (The Bar Lecture Series) by Riano, 2016
12
Patula vs. People of the Philippines, GR. No. 164457, April 11, 2012
In addition to the ability to perceive is the requirement that the witness must have
personal knowledge of the facts surrounding the subject matter of his
testimony. 13
Section 22, Rule 130 of the amendments states that:

Testimony confined to personal knowledge- A witness can testify only to
those facts which he or she knows of his or her personal knowledge; that
which are derived from his or her perception.
From the foregoing, it is imperative that the witness should only be limited to personal
knowledge. This is the general rule.
Ability to make known the perception to others:

The ability to of the witness to make known his perception to the court involves two
factors:
(a) ability to REMEMBER what he has perceived; and
(b) ability to COMMUNICATE the remembered perception.14
According to jurisprudence, deaf-mutes are not necessarily incompetent as witnesses.

They are competent if they can:
(1) UNDERSTAND and APPRECIATE the sanctity of an oath;
(2) COMPREHEND facts they are going to testify to; and
(3) COMMUNICATE their ideas through a qualified interpreter.15
In U.S. vs. Behrens, drug abuse will not render a person incompetent to testify.16
While in U.S. vs. Novo Sampol, drug abuse becomes relevant only if the witness was
under the influence of drugs:
(a)at the time he is testifying or
(b) at the time the events in question were observed.17
Form of Testimony in Criminal Cases (Revised Guidelines for Continuous Trial

of Criminal Cases):
13
Evidence (The Bar Lecture Series) by Riano, page 183, 2016
14
Evidence (The Bar Lecture Series) by Riano, page184, 2016
15
People vs. Tuangco, 345 SCRA 429, cited in Evidence (the Bar Lecture Series), by Riano, 2016
16
689 F.2d 154 (10 Cir 1982) cited in Evidence (The Bar Lecture Series) by Riano, 2016
17
636 F.2d 621, cited in Evidence (The Bar Lecture Series) by Riano, 2016.
A) For First Level Courts
In all criminal cases, including those covered by the Rules on Summary
Procedure, the testimonies of witnesses shall consist of the duly subscribed written
statements given to law enforcement or peace officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor, and if such are not available,
testimonies shall be in the form of judicial affidavits, subject to additional direct and
cross-examination questions.18
From the foregoing, it is clear that the testimonies of the witnesses in the first level
court and those covered by the Rules on Summary Procedure shall consist of:
a. Duly subscribed written statements given to law enforcement or peace officers
or the affidavits or counter-affidavits submitted before the investigating prosecutor;
b. If such are not available, testimonies shall be in the form of judicial affidavits.
B) For Second Level Courts, Sandiganbayan and Court of Tax Appeals.

In criminal cases where the demeanor of the witness is not essential in
determining the credibility of said witness, such as forensic, chemists, medico-legal
officers, investigators, auditors, accountants, engineers, custodians, expert witnesses
and other similar witnesses, who will testify on the authenticity, due execution, and
contents of public documents and reports and in criminal cases that are transactional
in character, such as falsification, malversation, estafa, or other crimes where the
culpability or innocence of the accused can be established through documents, the
testimonies of the witnesses shall be the duly subscribed written statements given to
law enforcement or peace officers or the affidavits or counter-affidavits submitted
before the investigating prosecutor, and if such are not available, testimonies shall be
in the form of judicial affidavits, subject to additional direct and cross-examination
questions.
In all other cases where the culpability or the innocence of the accused is based
on the testimonies of the alleged eyewitnesses, the testimonies of these witnesses
shall be in oral form.19
From the foregoing the form of testimony of witnesses for second level courts,
Sandiganbayan and Court of Tax Appeals are categorized into three.
I. First in criminal cases where the demeanor of the witness is not essential in
determining the credibility of said witness: who will testify on the authenticity, due
execution and contents of public documents and reports;
II. Second in criminal cases that are transactional in character or other crimes
where the culpability or innocence of the accused can be established through
18
A.M. No. 15-06-10-SC
19
IBid
documents: the testimonies of the witnesses shall be the duly subscribed written
statements given to law enforcement or peace officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor, or in the form of judicial
affidavits, if such not available, subject to additional direct and cross-examination
questions.
III. In all other criminal cases where the culpability or innocence of the accused
is bases on the testimonies of the alleged eyewitnesses: testimonies of these
witnesses shall be in the oral form.
LESSON 4: Other Factors that do not affect the competency of a Witness:
Section 20, Rule 130 of the Rules on Evidence provides that the following
factors do not affect the competency of a witness: (RPIC)
(a) Religious belief;
(b) Political belief;
(c) Interest in the outcome of the case;
(d) Conviction of a crime, unless otherwise provided by law.20
(Example, under Art. 821 [2] of the Civil Code: those who have been convicted of
falsification of document, perjury or false testimony are disqualified from being
witnesses to a will)21
In Northwest Airlines, Inc vs. Chiong, the Court ruled that the relationship of a
witness with a party does not ipso facto render him a biased witness in criminal
cases where the quantum of evidence is proof beyond reasonable doubt. There is no
reason why the same principle should not be applied to a civil case where the quantum
of evidence is only preponderance of evidence.22
Hence, the relationship of a witness with the party should not render him bias
regardless of the nature of the case (criminal or civil).
20
Evidence (The Bar Lecture Series), by Riano, page 187, 2016
21
Ibid
22
543 SCRA 308, cited in Evidence (The Bar Lecture Series) by Riano, 2016
Activity:
See this illustration below and try to apply the above-stated theories:
Ghena was called to testify in a defamation suit for alleged defamatory acts committed
against the complainant on April 26, 2020 before a court, in the City of Malolos,
Bulacan. Ghena willingly took the oath:
Q: Ma’am, where were you on the 26th day of April, 2020 at around 6:00 in the
morning?
Analysis:
If we are to analyze, the witness will be dismissed from the witness stand as
the court has no use of her. She is incompetent for the purpose for which she was
called. While taking an oath enabled her to meet the first requirement for competency,
she miserably failed the requirement of personal knowledge as embodied under
Section 22 of the Rules on Evidence as amended.
Abstraction:
Let us make a distinction between competency and credibility.
Competency:
• Is a matter of law or rule
• It refers to the basic qualifications of a witness as his capacity to perceive and his
capacity to communicate his perception to others;
• Absence of any of the disqualifications imposed upon a witness;
• In deciding the competence of a witness, the court will not inquire into his
trustworthiness.23
Credibility:
• Refers to the believability of a witness and has nothing to with law or rules;
• Refers to the weight and trustworthiness or reliability of the testimony.
• Questions concerning the credibility of a witness are best addressed to the sound
discretion of the trial court as it is in the best position to observe his demeanor and
bodily movement. (Llanto vs. Alzona, 450 SCRA 288)24
What are the factors that may disqualify a witness to take the witness stand?
1. Disqualification by reason of marriage- Section 23
2. Disqualification by reason of privileged communications- Section 24
*Nota Bene: disqualification by reason of insanity or maturity and
disqualification by reason or death of adverse party (Survivorship disqualification rule)
are deleted under the amendments.25
23
Evidence (The Bar Lecture Series), by Riano, page 185, 2016
24
Evidence (The Bar Lecture Series), by Riano, pages 185-186, 2016
25
A.M. No. 19-08-20-SC
Application:
Now, let us use what we have learned in answering the following:
W was called to the witness stand to testify against H, his former husband for estafa.
May H invoke disqualification by reason of marriage?
NO, H may not invoke disqualification by reason of marriage. The Rules on
Evidence provides that disqualification applies if the testimony is made “during
marriage”. Here, when W was called to testify, she was no longer the wife of H.
REFLECTION/LEARNING INSIGHTS:
POST-TEST:
Answer the following questions on the basis of what you have learned in the
discussions on this module:
Dennis is being charged with frustrated murder of Ghen. The prosecution’s lone
witness, Alex, testified that he had seen Dennis prepare the potion which he
has later poured surreptitiously into Ghen’s wine glass. Dennis sought the
disqualification of Ghen as a witness on account of her previous conviction of
perjury. Rule on the contention of Dennis.
Answer the following questions:

1. What do you understand about court testimony?
2. What are the qualifications of a witness?
3. One of the basic qualifications of a witness is that he can make known his perception
to others and is perceiving? True or Fales? Explain.
4. The rules clearly require that the examination of a witness in a trial shall be done under
oath or affirmation. True or false? Explain.
5. Credibility of a witness has nothing to do with the law or rules when we speak of court
testimony. It refers to the weight and trustworthiness of the testimony. Is the statement
correct?
6. Drug abuse will ipso facto render the s person incompetent to testify? True or false?
Explain.
SUGGESTED READINGS:
• 2019 Proposed Amendments to the Revised Rules on Evidence.
• People vs. Tuangco, 345 SCRA 429
• Alvarez vs. Alvarez, GR. No. 143439, October 14, 2005
• People vs. Crisostomo, 354 Phil. 867, 876 (1998)
• People vs. Avila, GR. No. 201584, June 15, 2016
• People vs. Borja, GR No. 71838, February 26, 1990
UNIT TITLE: Examination of Witnesses

Lesson 1: Rights and Obligations of Witnesses
Lesson 2: Order in the Examination of Witnesses
DURATION:
INTRODUCTION:
In this part of the module the concept of examination of witnesses shall be
introduced as well as right and obligation. These are important legal aspects in the
study of court testimony or oral evidence as it will make the topic clear and easy to
understand.
In order of the examination of witnesses, we will be discussing direct
examination, cross-examination, re-direct examination, re-cross examination,
recalling the witnesses under the rules.
OBJECTVES/ COMPETENCIES:
• To gain familiarity with the different legal concepts in court testimony particularly
the rights of the witness;
• For the students to ascertain the obligations of such witness in court;
• To let the students ascertain the obligations of such witness in court;
• To distinguish direct examination from cross-examination; and
• To distinguish re-direct from re-cross examination.
PRE-TEST:
1. It is an examination-in-chief of a witness by the party presenting him on the
facts, relevant to the issue?
2. It is an examination conducted upon conclusion of the re-direct examinations?
3. It is conducted after the cross-examination of the witness has been concluded?
4. A witness has an obligation to answer questions, although his answer may tend
to establish a claim against him. True or false? Explain.
LEGAL PROPER/COURSE METHODOLOGY:
LESSON 1: RIGHTS AND OBLIGATIONS OF WITNESSES:
Examination of Witness:
Section 1, Rule 132 of the Rules on Evidence as amended states that:
Examination to be done in open court-The examination of witnesses
presented in a trial or hearing shall be done in open court, and under oath or
affirmation. 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 rule requires that the examination of a witness shall be done in open court and
under oath or affirmation.
It is also required that the answers propounded to the witness be given orally UNLESS:
• He is incapacitated to speak;
• Question calls for a different mode of answer.
However, there are instances where testimonies need not be given in open court:
• In criminal cases governed by the Rule on Summary procedure- AFFIDAVITS of
the witness shall constitute the DIRECT TESTIMONIES of the witnesses who
executed the same. (Section 15, Rule on Summary Procedure)26
• In civil cases governed by the Rule on Summary Procedure-parties are merley
required to submit AFFIDAVITS of their witnesses and other pieces of evidence on the
factual issues, together with their position papers, setting forth the law and the facts
relied upon. (Section 15, Rule on Summary Procedure)27
• Depositions- may be taken before any notary public or person authorized to administer
oaths. (Section 10 and 14, Rule 23, Rules of Civil Procedure as amended).28
• In a criminal case- either party may utilize the testimony of a witness who is deceased,
out of the country, or unable to testify despite the exercise of due diligence, even if the
testimony is used in another case or proceeding (judicial or administrative), provided
that the proceeding involved the same parties and subject matter and the adverse
party had the opportunity to cross-examine the witness. (Sec 1f, Rule 115, Rules of
Court).29
26
Cited in Evidence (The Bar Lecture Series) by Riano, 2016
27
ibid
28
ibid
29
ibid
• Under the Judicial Affidavit Rule, the judicial affidavit shall take place the direct
testimonies of witnesses. (Sec. 2, Judicial Affidavit Rule).30
Oath or Affirmation:
Under Section 1, Rule 132, a witness presented under trial shall take an oath or
affirmation.
An oath is an outward pledge made under an immediate sense of responsibility to
God or a solemn appeal to the Supreme Being in attestation of the truth of some
statement. (Black Law’s Dictionary, 5th edition).31
An affirmation is a SUBSTITUTE for OATH and is a solemn and formal declaration
that the witness will tell the truth. (ibid)32
Where the witness REFUSES to take an oath or affirmation, the testimony may be
BARRED. 33
What is the effect of the witness’ failure to take an oath prior to his testimony?
In People of the Philippines vs. Bai Hui, et. al34, the Court ruled that failure of a witness
to take an oath prior to his testimony is a DEFECT that may be waived by the parties.35
The same case cited State vs. Doud36, the Supreme Court of Oregon ruled that,
“If the defendant had wished that the x x x witness should have been sworn, he
should have been observant and should have mentioned the matter in the trial court.
We are certain that had the matter then been mentioned an appropriate oath would
have been administered. In all likelihood, it would have produced no different effect,
for all thought that an oath had been administered. It is now too late to present the
objection. This assignment of error is dismissed as lacking in merit. If the defendant
had wished that the x x x witness should have been sworn, he should have been
observant and should have mentioned the matter in the trial court. We are certain that
had the matter then been mentioned an appropriate oath would have been
administered. In all likelihood, it would have produced no different effect, for all thought
that an oath had been administered. It is now too late to present the objection. This
assignment of error is dismissed as lacking in merit.”
Examination of witnesses and record or proceedings:
30
supra
31
Evidence (The Bar Lecture Series) by Riano, 2016
32
ibid
33
U.S. vs. Fowler cited in Evidence (The Bar Lecture Series) page 221, 2016
34
G.R. No. 127580, August 22, 2000
35
Title Guaranty and Trust Co vs. Wilby, cited in People of the Philippines vs. Bai Hui, et.al.
36
225 P.2d 400 (1950)
 Examination of witnesses presented in a trial or proceeding shall be done in OPEN
COURT and under OATH or AFFIRMATION. The answers of the witness shall be
given orally except if:
a. witness is incapacitated to speak, or
b. the question calls for a different mode of answer. (Sec 1, Rule 132)37
 Section 2, Rule 132 states that:
Section 2. Proceedings to be recorded- The entire proceedings of a trial or hearing

including the questions propounded to a witness and his or her answers thereto, and
the statements made by the judge or any of the parties, counsel, or witnesses with
reference to the case, shall be recorded by means of shorthand or stenotype or by
other means of recording found suitable by the court.
A transcript or record of the proceedings made by the official stenographer,

stenotypist or recorder and certified as correct by him or her shall be deemed prima
facie a correct statement of such proceedings.
What should be recorded according to Section, Rule 132?

• Entire proceedings of a trial or hearing
• Questions propounded to a witness and his or her answers thereto; and
• Statements made by the judge or any of the parties, counsel, or witnesses with
reference to the case.
What are the means of recording the same?
• By means of shorthand or stenotype; or
• By other means of recording found suitable by the court.
 A transcript of the record of the proceedings shall be deemed a PRIMA FACIE a

correct statement of such proceedings.
Rights and Obligations of a Witness:
 Section 3, Rule 132, states that:
Sec.3 Rights and obligations of a witness- A witness must answer questions,
although his or her answer may tend to establish a claim against him or her.
However, it is the right of a witness:
37
cited in Evidence (The Bar Lecture Series) by Riano, 2016
1. To be PROTECTED from irrelevant, improper, or insulting questions and from harm
or insulting demeanor;
2. Not to be DETAINED longer than the interests of justice require;
3. Not to be EXAMINED except only as to matters pertinent to the issue;
4. Not to GIVE an answer which will tend to subject him or her to a penalty for an offense
unless otherwise provided by law.
5. Not to GIVE an answer which will tend to degrade his or her reputation, unless to be
to the very fact as issue or to a fact from which the fact in issue would be presumed.
 Foremost among the rights of a witness is the right to not give an answer which will
subject him to a penalty, unless otherwise provided by law (Sec.3[4], Rule 132) This
provision gives meaning to the right of a person against self-incrimination. (Section 17,
Art. III, Constitution of the Philippines).38
 However, under R.A. No.6981 or the Witness Protection Security and Benefit Act, a
witness admitted into the witness protection program cannot refuse to testify or give
evidence or produce books, documents, records or writings necessary for the
prosecution of the offense or offenses for which he has been admitted on the ground
of the right against self-incrimination. (Sec. 14, RA 6981)39
 Under Section 3[5] of the Rules on Evidence, a witness has a right not to give an
answer which will tend to degrade his or her reputation. This is the general rule. The
exceptions are as follows:
a. it be to the very fact at issue; or
b. to a fact from which the fact in issue would be presumed.
A witness must answer for the conviction of an offense.
 If the witness is the accused, he may totally refuse to take the stand. A mere witness
cannot altogether refuse to take the stand. Before he refuses to answer he must wait
for the incriminating question. (Bagadiong v Gonzales, 94 SCRA 906)40
38
39
ibid
40
cited in Evidence (The Bar Lecture Series) by Riano, 2016 page 223
LESSON 2: ORDER OF EXAMINATION OF WITNESSES
 Section 4, Rule 132 of the Rules on Evidence as amended provides for the order in
the examination of an individual witness:
Sec. 4 Order in the examination of an individual witness-The order in which an
individual witness may be examined is as follows:
a. Direct examination by the proponent;
b. Cross-examination by the opponent;
c. Re-direct examination by the proponent;
d. Re-cross examination by the opponent.
DIRECT EXAMINATION (Sec. 5, Rule 132)- Direct examination is the

EXAMINATION-IN-CHIEF of a witness by the party presenting him or her on the facts
relevant to the issue.
This examination is now subject to the Judicial Affidavit Rule.
CROSS-EXAMINATION; its purpose and extent (Sec. 6, Rule 132)- Upon the
termination of the direct examination, the witness may be cross-examined by the
adverse party on any relevant matter, with sufficient fullness and freedom to test his
or her accuracy and truthfulness and freedom from interest or bias, or the reverse, and
to elicit all the important facts bearing upon the issue.
When is cross-examination made?

It is made upon the TERMINATION OF THE DIRECT EXAMINATION.
On what matters may the adverse party be a witness?
Prior the amendment, a witness may be cross-examined as to many matters stated
in the direct examination connected therewith.41
Under the amendment, a witness may be examined by the adverse party on any
relevant matter.
TWO PURPOSES OF CROSS-EXAMINATION:

1. To bring out the facts favorable to counsel’s client; and
2. To enable counsel to impeach or impair the credibility of witness.
In Martinez vs. Ongsiako42, it was held that the right to cross-examine has long been
considered a fundamental element of due process in both civil and criminal
41
https://lawphil.net/courts/rules/rc_128-134_evidence.html
42
GR. NO. 209057; March 15, 2017
proceedings. 43 In proceedings for the perpetuation of testimony, the right to cross-
examine a deponent is an even more vital part of the procedure. In fact, the Revised
Rules on Evidence provide that depositions previously taken are only admissible in
evidence against an adverse party who had the opportunity to cross-examine the
witness.44
The function of cross examination is to test the truthfulness of the statements of a

witness made on the direct examination. The opportunity of cross-examination has
been regarded as an essential safeguard of the accuracy and completeness of a
testimony.45
In civil cases, the right of cross-examination is absolute, and is not a mere
privilege. 46
In Kim Liong vs. People of the Philippines47, the Court held that the right to confront
and cross-examine an adverse witness is a basic fundamental constitutional right.
However, this is PERSONAL TO THE ACCUSED, WHO CAN WAIVE THE RIGHT.
When an accused is given the opportunity to cross-examine a witness but fails to avail
of it, the accused shall be deemed to have waived this right. The witness’ testimony
given during direct examination will remain on record. If this testimony is used against
the accused, there will be no violation of the right of confrontation.
In People vs. Narca,48 the Court said that “mere opportunity and not actual cross-
examination is the essence of the right to cross-examine.”
RE-DIRECT EXAMINATION (Section 7, Rule 132)-After the cross-examination of the

witness has been concluded, he or she may be re-examined by the party calling him
or her to explain or supplement his or her answers given during the cross-examination.
On re-direct examination, questions on matters not dealt with during the cross-
examination may be allowed by the court in its discretion.
When re-cross examination is made?
43
Martinez citing Vertudes vs. Buenaflor, 514 Phil 399.
44
Under the amendment, Sec. 49, Rule 130: The testimony or deposition of a witness deceased or out of the
Philippines or who cannot, with due diligence, be found therein, or is unavailable or otherwise unable to
testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject
matter, may be given in evidence against the adverse party who had the OPPORTUNITY to CROSS-EXAMINE
him or her. (A.M 19-08-15-SC)
45
Republic vs. Sandiganbayan, 678 Phil 358 cited in Martínez vs. Ongsiako.
46
ibid.
47
G.R. No. 200630; June 4, 2018
48
341 Phil 696, cited in Liong vs. People of the Philippines
After the cross-examination of the witness has been concluded.
Who calls for the re-cross examination?
The party calling him or her
What is the purpose of re-cross examination?
In order for the witness to explain or supplement his or her answers given during
the cross-examination.
May questions on matters not dealt with during the cross-examination be
allowed?
Yes, it may be allowed by the court in its discretion.
RE-CROSS EXAMINATION (Section 8, Rule 132)- Upon the conclusion of the re-
direct examination, the adverse party may re-cross-examine the witness on matters
stated in his or her re-direct examination, and also on such other matters as may be
allowed by the court in its discretion.
When is re-cross examination made?

Upon the conclusion of the re-direct examination.
Who conducts the re-cross examination?
Adverse party. (Section 7, Rule 132
What is the subject of re-cross examination?
• Matters stated in the cross-examination;
• Such other matters as may be allowed by the court in its discretion.
How to recall a witness?
After the examination of a witness by both sides has been concluded, the witness
cannot be recalled without leave of court. The court will grant or withhold leave in its
discretion, as the interests of justice may require.
JUDICIAL AFFIDAVIT RULE: (A.M. NO. 12-8-8-SC): (JAR, for brevity)
What is the scope of the JAR?
Section 1-Scope (a) This Rule shall apply to ALL actions, proceedings and incidents
requiring the reception of evidence before:
1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, Municipal Circuit Trial Courts and Sharia’a Circuit Courts;
2. The Regional Trial Courts and Shari’a District Courts;
3. The Sandiganbayan, the Court of Tax Appeals, and the Shari’a Appellate
Courts;
4. The investigating officers and bodies authorized by the Supreme Court to
receive evidence including the Integrated Bar of the Philippines (IBP); and
5. The special courts and quasi-judicial bodies, whose rules of procedure
are subject to the disapproval of the Supreme Court, insofar as their existing rules of
procedures contravene the provisions of this Rule.
DOES NOT INCLUDE: Small claim cases (Section 1)
What is the effect of submission of Judicial Affidavit? (JA, for brevity)

Shall take place of the witnesses’ direct testimonies. (Section 2 (a) (1))
When JA shall be filed?

The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than 5 days before the preliminary conference or the
scheduled hearing. (Section 2 [a])
What should be attached in the JA?

The parties’ documentary or object evidence, if any, which shall be attached to the
JAs and marked as Exhibits A, b, C and so on in case of the complainant or the plaintiff,
and as exhibits 1, 2, 3 and so on in the case of the respondent or defendant. (Section
2 (a) [2])
What are the contents of JA?

(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination
of the witness and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability for false
testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which
he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents;
and
(3) Identify the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer
who is authorized by law to administer the same. (Section 3)
In what language does JA should be written?

Shall be prepared in the language known to the witness and if not in English or Filipino,
accompanied by a translation in English or Filipino.
When offer of and objections to testimony in JA is made?

Party representing the JA of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness.
The adverse party may move to disqualify the witness or to strike out his affidavit or
any of the answers found in it on the ground of inadmissibility. The court shall promptly
rule on the motion and if granted, shall cause the marking of any excluded answer by
placing it in brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules
of Court. (Section 6)
Can a witness be examined on his JA?

Yes. The adverse party shall have the right to examine the witness on his judicial
affidavit and on the exhibits attached to the same. The party who presents the witness
may also examine him as on re-direct. In every case, the court shall take active part
in examining the witness to determine his credibility as well as the truth of his testimony
and to elicit the answers that it needs in resolving the issue. (SECTION 7)
When oral offer of and objections to exhibits are made?

(a) Upon the termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits, piece by piece,
in their chronological order, stating the purpose or purposes for which he offers the
particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall state the legal ground
for his objection, if any, to its admission, and the court shall immediately make its ruling
respecting that exhibit.
(c) Since the documentary or object exhibits form part of the judicial affidavits that
describe and authenticate them, it is sufficient that such exhibits are simply cited by
their markings during the offers, the objections, and the rulings, dispensing with the
description of each exhibit. (Section 8)
When JAR is applicable to criminal actions?

1. Where the maximum of the imposable penalty does not exceed six years;
2. Where the accused agrees to the use of JAs, irrespective of the penalty;
3. With respect to civil aspect of the actions, whatever the penalties involved are.
(Section 9 [a])
When JA is submitted in criminal actions?
(b) The prosecution shall submit the judicial affidavits of its witnesses not later than
five days before the pre-trial, serving copies if the same upon the accused. The
complainant or public prosecutor shall attach to the affidavits such documentary or
object evidence as he may have, marking them as Exhibits A, B, C, and so on. No
further judicial affidavit, documentary, or object evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the judicial
affidavits of the prosecution, he shall have the option to submit his judicial affidavit as
well as those of his witnesses to the court within ten days from receipt of such affidavits
and serve a copy of each on the public and private prosecutor, including his
documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on.
These affidavits shall serve as direct testimonies of the accused and his witnesses
when they appear before the court to testify. (Section 9 [b] [c])
What is the effect of non-compliance with the JAR?

(a) A party who fails to submit the required judicial affidavits and exhibits on time shall
be deemed to have waived their submission. The court may, however, allow only once
the late submission of the same provided, the delay is for a valid reason, would not
unduly prejudice the opposing party, and the defaulting party pays a fine of not less
than P 1,000.00 nor more than P 5,000.00 at the discretion of the court.
(b) The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required. Counsel who fails to appear without valid
cause despite notice shall be deemed to have waived his client's right to confront by
cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that do not conform to the
content requirements of Section 3 and the attestation requirement of Section 4 above.
The court may, however, allow only once the subsequent submission of the compliant
replacement affidavits before the hearing or trial provided the delay is for a valid reason
and would not unduly prejudice the opposing party and provided further, that public or
private counsel responsible for their preparation and submission pays a fine of not less
than P 1,000.00 nor more than P 5,000.00, at the discretion of the court. (Section 10)
Activity:
See this illustration below and try to apply the above-stated theories:
In a prosecution for the crime of robbery, X was asked if he was convicted previously
been convicted of the same crime. X’s counsel objected to the opposing counsel’s
question on the ground that his client has the right not to give an answer which will
tend to degrade his reputation. Is the counsel’s contention proper?
Analysis:
In the problem above, X’s counsel’s contention is not proper because under Section 3
(5), Rule 132 of the Rules on Evidence as amended, a witness must answer to the
fact of his or her previous final conviction from an offense. Hence, such question by
the opposing counsel is proper and X is bound to answer the same.
Abstraction:
Let us make a distinction between leading and misleading questions.
LEADING QUESTIONS:
• A question which suggests to the witness the answer which the examining party
desires is a leading question. (Section 10, Rule 132 Rules on Evidence as amended)
• Are not appropriate in direct and re-direct examination particularly when the witness is
asked to testify about a major element of the cause of action or defense.49
• However, they are allowed in the following:
a. On cross-examination;
B. On preliminary matters;
c. When there is difficulty in getting direct and intelligible answers from a
witness who is ignorant, a child of tender years, is of feeble mind, or a deaf-mute;
d. Of an unwilling or hostile witness; or
e. Of a witness who is an adverse party or an officer, director or managing agent
of a public or private corporation or of a partnership or association which is an adverse
party. (Section 10, Rule 132)
MISLEADING QUESTIONS:
Are ones which assume as true a fact not yet testified to by the witness or contrary to
that which he or she has previously stated. (ibid)
49
It is not allowed. (ibid)
Application:
Now, let us use what we have learned in answering the following:
In a prosecution for possession of dangerous drug, the prosecution asked the witness
this question:
Is it true Mr. Witness that you saw Y, herein accused that he put the shabu in his
pocket?
Is the question proper?

Answer:
No, the question is not proper. Under Section 10 Rule 132 of Rules on
Evidence as amended, a question which suggests to the witness the answer which
the examining party desires is a leading question. Here, it is clear that the question of
the counsel already suggests an answer to the witness.
POST-TEST:
Answer the following questions on the basis of what you have learned in the
discussions on this module:
A was charged with the crime of murder of B. Five days before the presentation of his
evidence, he filed a judicial affidavit. The prosecution objected thereto, on the ground
that in criminal cases a judicial affidavit is allowed only in cases where the penalty for
imprisonment does not exceed six years. Rule on the prosecution’s objection.
1. Enumerate the rights and obligations of witness.
2. What are the exceptions to leading questions?
3. Distinguish leading and misleading questions.
4. In what cases is JAR applicable?
5. State and define the kinds of examination their chronological order.
6. Recalling a witness is subject to the discretion of the court. True or False?
SUGGESTED READINGS:
• 2019 Proposed Amendments to the Revised Rules on Evidence.
• 12-Bagadiong vs. Gonzales 94 SCRA 906
• Martinez vs. Ongsiako; GR. NO. 209057; March 15, 2017
• Kim Liong vs. People of the Philippines; G.R. No. 200630; June 4, 2018
• A.M. No. 12-8-9-SC, the Judicial Affidavit Rule
UNIT TITLE: RULE ON EXAMINATION OF A CHILD WITNESS
TITLE OF THE LESSON:
LESSON 1: Applicability of the Rule
LESSON 2: Meaning of Child Witness
LESSON 3: Competency of Child Witness
LESSON 4: Examination of Child Witness
DURATION:
INTRODUCTION:
This administrative circular introduced some basic legal concepts on child
testimony as a witness in court.
This unit will discuss in detail all about court testimony of a child witness and
shall clarify our previous discussions on Unit Two of this module.
OBJECTIVES/COMPETENCIES:
• To understand the concept on the rule on examination of a child witness;
• To know who a child witness is under the law;
• To determine the competency of a child witness;
• To have an overview of how court testimony is given by a child witness and
where such testimony be made;
• To have knowledge about the live-link TV testimony principle insofar as the
child witness is concern;
• To discuss the concept of the sexual abuse shield rule; and
• To engage the students into learning and familiarizing different laws and rules
concerning a child witness.
PRE-TEST:
True or False:
1. If the court orders the taking of testimony by live-link television, the child shall testify
in a room separate from the courtroom in the presence of the guardian ad litem.
2. The court testimony of the child shall be transmitted by live-link television into the
courtroom for viewing and hearing by the judge, prosecutor, counsel for the parties,
accused and the public, unless excluded;
3. Administrative Matter No, 004-07 of the Supreme Court shall apply only in criminal
proceedings involving child witnesses;
4. A “child witness”, is any person who at the time of giving the testimony is below the
age of 15.
5. In child abuse cases, a child who is over 18 of age but 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 is no longer
considered a child witness.
LESSON PROPER/COURSE METHODOLOGY:
UNIT TITLE: Rule on Examination of a Child Witness
LESSON 1: Applicability of the Rule:
What rule governs the examination of a child witness?

A.M. No. 004-07-SC or the Rule on Examination of a Child Witness
What is the applicability of the Rule?

Unless otherwise provided, this Rule shall govern the examination of child who are:
• Victims of crime;
• Accused of a crime; and
• Witnesses to crime. (Section 1)
In what cases this Rule is applicable?

It shall apply in ALL CRIMINAL AND NON-CRIMINAL PROCEEDINGS involving child
witnesses. (ibid)
LESSON 2: MEANING OF A CHILD WITNESS:
A child witness is any person who at the time of giving testimony is

• Below 18 years of age.
• In child abuse cases, a child includes over 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 physical or mental disability or condition. (Section 2 [a])
In People of the Philippines vs. Avila,50 the Court held that the testimony of
children of sound mind is likely to be more correct and truthful than that of older
persons, so that once established that they have understood the character and nature
of an oath, their testimony should be given full credence. The trivial inconsistencies in
Ryan's eye witness narration of details are understandable, considering the
suddenness of the attack, the dreadful scene unfolding before his eyes, and the
imperfection of the human memory.
Ample margin of error and understanding must be accorded to young witnesses
who, much more than adults, would be gripped with tension due to the novelty of the
experience of testifying before the court.51
50
G.R. No. 201584; June 15, 2016
51
Ibid.
LESSON 3: COMPETENCY OF A CHILD WITNESS:
What is the presumption regarding a child witness?

Every child is presumed qualified to be a witness. (Section 6)
When is a competency examination of a child conducted?
However, the court shall conduct a competency examination of a child, motu proprio
or on motion of a party, when it finds SUBSTANTIAL DOUBT regarding the ability of
the child to perceive, remember, communicate, distinguish truth from falsehood or
appreciate the duty to tell the truth in court. (ibid)
What does a party seeking a competency examination must present?

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. (Section 6 [a]).
Who has the burden of proof in rebutting the presumption of competence

enjoyed by a child?
To rebut the presumption of competence enjoyed by a child, the burden of proof lies
on the party challenging his competence. (Section 6 [b])
Who are the persons allowed at competency examination?

Only the following are allowed to attend a competency examination:
1. The judge and necessary court personnel;
2. Counsel for the parties;
3. 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. (Section 6[c])
Who conducts the competency 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, at
his discretion, may ask the child. (Section 6 [d])
What are 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 the 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. (Section 6 [e])
The court has the duty of continuously assessing the competence of the child
throughout his testimony. (Section 6 [f])
In People of the Philippines vs. Esugon52, the Court ruled that the witness is a child
cannot be the sole reason for disqualification. The dismissiveness with which the
testimonies of child witnesses were treated in the past has long been erased. Under
the Rule on Examination of a Child Witness (A.M. No. 004-07-SC 15 December 2000),
every child is now presumed qualified to be a witness. To rebut this presumption, the
burden of proof lies on the party challenging the child’s competency. Only when
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 will the court, motu proprio or on motion of a party, conduct a competency
examination of a child.53
52
GR No. 195244; June 22, 2015
53
People vs. Esugon, citing People vs. Hermosa, Septmeber 7, 2001, G.R. No. 131805;
https://www.lawphil.net/judjuris/juri2015/jun2015/gr_195244_2015.html#rnt15
LESSON 4: EXAMINATION OF A WITNESS:
Where shall the examination of a child witness be presented?

The examination of a child witness presented in a hearing or any proceeding shall be
done in open court. (Section 8)
How the answers of a child witness should be given?

The answers of the witness shall be given ORALLY unless the witness is incapacitated
to speak, or the question calls for a different mode of answer. (ibid)
The party who presents a child witness of 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. (ibid)
What is the courtroom environment when a child witness testifies?

To create a more comfortable environment for the child, the court may in its discretion:
• Direct and supervise the location, movement and deportment of all persons in the
courtroom including the parties, counsel, child witnesses, support persons, guardian
ad litem, facilitator and court personnel.
• 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 to wear his robe.
• Nothing in this section or any other provision of the law, except official in-court
identification provisions, shall be construed to require a child to look at the accused.
• Accommodations for the child under this section need not be supported by a finding
of trauma to the child. (Section 13)
When the testimony of the child should be taken?

The court may order that the testimony of the child should be taken during a time of
day when the child is well-rested. (Section 14)
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. (Section 15)
What are 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. (Section 16)
What is an emotional security item?

It is an item of a child of his own choosing such as blanket, toy, or doll which he shall
be allowed to keep while testifying. (Section 17)
Approaching the witness:

The court may prohibit a counsel from approaching a child if it appears that the child
is fearful of or intimidated by the counsel. (Section 18)
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. (Section 19)
The court may allow the child witness to testify in a narrative form. (ibid).
Are leading questions allowed in the Rule on Examination of a Child witness?

Yes, the court may allow leading questions in all stages of examination of a child if the
same will further the interests of justice. (Section 20)
How should objections to questions be made?

Objections to questions should be couched in a manner so as not to mislead, frighten,
or intimidate the child. (Section 21)
Is corroboration required of child’s testimony?
NO. Corroboration shall not be required of a testimony of a child. His testimony, if
credible by itself, shall be sufficient to support a finding fact, conclusion or judgment
to the standard of proof required in criminal and non-criminal cases. (Section 22)
Excluding the public:

When a child testifies, the court may order the exclusion from the courtroom of all
persons, including members of the press, who do not have a direct interest in the case.
(Section 23)
When such order may be made?
• Such an order may be made to protect the right to privacy of the child or
• If the court determines on the record that requiring the child to testify in open court
would cause psychological harm to him, hinder the ascertainment of truth, or result in
his inability to effectively communicate due to embarrassment, fear or timidity. (ibid)
What the court shall consider in making such order?
• Developmental level of the child;
• Nature of the crime;
• Nature of his testimony regarding the crime;
• His relationship to the accused and to persons attending the trial;
• His desires; and
• Interests of his parents or legal guardian. (ibid)
When the court may exclude the public from the courtroom?
• If the evidence to be produced during trial is of such character as to be offensive to
decency and public morals; and
• On motion of the accused, except court personnel and counsel of the parties. (ibid).
Persons prohibited from entering and leaving courtroom:

The court may order that persons attending the trial shall not enter or leave the
courtroom during the testimony of the child. (Section 24)
Live-link television testimony in criminal cases where the child is a victim or a

witness:
How made?
The prosecutor, counsel or the guardian ad litem may apply for an order that the
testimony of the child be taken in a room outside in courtroom and be televised to the
courtroom by the live-link television. (Section 25 [a])
Before the guardian ad litem applies for an order under this section, he shall consult
the prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel
regarding the necessity of applying for an order. In case the guardian ad litem is
convinced that the decision of the prosecutor or counsel not to apply will cause the
child serious emotional trauma, he himself may apply for the order. (ibid).
When order shall be applied?
The person seeking such an order shall apply at least five days before the trial date,
unless the court finds on the record that the need for such an order was not reasonably
foreseeable. (ibid)
What does the court should do on the application for the order?
• The court may motu proprio hear and determine, with notice to the parties, the need
for taking the testimony of the child through child through live-link television. (Section
25 [b]);
• The judge may question the child in chambers, or in some comfortable place other
than the courtroom, in the presence of the support person, guardian ad litem,
prosecutor, and counsel for the parties. The questions of the judge shall not be related
to the issues at trial but to the feelings of the child testifying in the courtroom. (Section
25 [c])
• The judge may exclude any person, including the accused, whose presence or
conduct causes fear to the child. (Section 25 [d])
• The court shall issue an order granting or denying the use of live-link television ad
stating the reasons therefor. (Section 25 [e]).
• The testimony of the child shall be preserved on videotape, digital disc, or other similar
devices which shall be made part of the court record and shall be subject to a
protective order as provided in Section 31(b). (Section 25[h]).
What factors should be considered in granting or denying the application for an
order of live-link testimony?
(1) The age and level of development of the child;
(2) His physical and mental health, including any mental or physical disability;
(3) Any physical, emotional, or psychological injury experienced by him;
(4) The nature of the alleged abuse;
(5) Any threats against the child;
(6) His relationship with the accused or adverse party;
(7) His reaction to any prior encounters with the accused in court or elsewhere;
(8) His reaction prior to trial when the topic of testifying was discussed with him by
parents or professionals;
(9) Specific symptoms of stress exhibited by the child in the days prior to testifying;
(10) Testimony of expert or lay witnesses;
(11) The custodial situation of the child and the attitude of the members of his family
regarding the events about which he will testify; and
(12) Other relevant factors, such as court atmosphere and formalities of court
procedure. (ibid)
In what instance that the court may order that the testimony of the child be taken
by live-link television?
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 would suffer trauma from testifying in the
presence of the accused, his counsel or the prosecutor as the case may be. The
trauma must be of a kind which would impair the completeness or truthfulness of the
testimony of the child. (Section 25[f])
What are the consequences of granting the order?
1. The child shall testify in a room separate from the courtroom in the presence of the
guardian ad litem; one or both of his support persons; the facilitators and interpreter,
if any; a court officer appointed by the court; persons necessary to operate the closed-
circuit television equipment; and other persons whose presence are determined by the
court to be necessary to the welfare and well-being of the child;
2. The judge, prosecutor, accused and counsel for the parties shall be in the courtroom.
The testimony of the child shall be transmitted by live-link television into the courtroom
for viewing and hearing by the judge, prosecutor, counsel for the parties, accused,
victim and the public unless excluded.
3. It is necessary for the child to identify the accused at the trial, the court may allow the
child to enter the courtroom for the limited purpose of identifying the accused, or the
court may allow the child to identify the accused by observing the image of the latter
on a television monitor.
4. The court may set other conditions and limitations on the taking of the testimony that
it finds just and appropriate, taking into consideration the best interests of the child.
(Section 25[g])
Who may apply for an order that a videotaped deposition be taken from the
testimony of the child?
The prosecutor, counsel or guardian ad litem may apply for an order that a deposition
be taken of the child and that it be recorded and preserved on videotape. Before the
guardian ad litem applies for an order under this section, he shall consult with the
prosecutor or counsel subject to the second and third paragraphs of Section 25 (a).
(Section 27 [a])
What shall be the consideration for the granting of the said application?
If the court finds that the child will not be able to testify in open court at trial, it shall
issue an order that the deposition of the child be taken and preserved by videotape.
(Section 27[b])
Who shall preside at the videotaped deposition?
The judge shall preside at the videotaped deposition of a child. Objections to
deposition testimony lor evidence, or parts thereof, and the grounds for the objection
shall be stated and shall be ruled at the time of making the deposition. (Section 27[c])
Who are the other persons who may be permitted to be present at the
proceeding?
(1) The prosecutor;
(2) The defense counsel;
(3) The guardian ad litem;
(4) The accused, subject to sub-section (e);
(5) Other persons whose presence is determined by the court to be necessary to the
welfare and well-being of the child;
(6) One or both of his support persons, the facilitator and interpreter, if any;
(7) The court stenographer; and
(8) Persons necessary to operate the videotape equipment. (ibid)
What are the rights which should not be violated during the deposition?
The rights of the accused during trial, especially the right to counsel and to confront
and cross-examine the child, shall not be violated during the deposition. (Section
27[d])
If the court finds that the child is unable to testify in the physical presence of
the accused?
If the order of the court is based on evidence that the child is unable to testify in the
physical presence of the accused, the court may direct the latter to be excluded from
the room in which the deposition is conducted. In case of exclusion of the accused,
the court shall order that the testimony of the child be taken by live-link television in
accordance with Section 25 of this Rule. If the accused is excluded from the
deposition, it is not necessary that the child be able to view an image of the accused.
(Section 27[e]).
If at the time of trial, the court finds that the child is unable to testify for a reason
stated in Section 25(f) of this Rule or is unavailable for any reason described in
Section 4(c ), Rule 23 of the 1997 Rules of Civil Procedure?
The court may admit into evidence the videotaped deposition of the child in lieu of his
testimony at the trial. The court shall issue an order stating the reasons therefor.
(Section 27[f])
May a party file any motion on the ground of newly discovered evidence?
YES. After the original videotaping but before or during trial, any party may file any
motion for additional videotaping on the ground of newly discovered evidence. The
court may order an additional videotaped deposition to receive the newly discovered
evidence. (Section 27[j])
Is the hearsay exception applicable in the child witness rule?
YES. 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 criminal or non-
criminal proceeding. (Section 28)
What are the rules in order for the hearsay statement of child be admitted?
(a) Before such hearsay statement may be admitted, its proponent shall make known
to the accused 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 such circumstance must be proved by the proponent. (Section 28[a])
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 spontaneous;
(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.
(Section 28[b])
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 attendance by process or other reasonable means.
What happens when the child is unavailable?
When the child witness is unavailable, his hearsay testimony shall be admitted only if
corroborated by other admissible evidence. (Section 28 [d])
What are the conditions in order that videotape and audiotaped in-depth
investigative or disclosure interview in child abuse cases be admitted as
evidence?
(a) The child witness is unable to testify in court on grounds and under conditions
established under section 28 (c).
(b) The interview of the child was conducted by duly trained members of a
multidisciplinary team or representatives of law enforcement or child protective
services in situations where child abuse is suspected so as to determine whether child
abuse occurred.
(c) The party offering the videotape or audiotape must prove that:
(1) the videotape or audiotape discloses the identity of all individuals present and at
all times includes their images and voices;
(2) the statement was not made in response to questioning calculated to lead the child
to make a particular statement or is clearly shown to be the statement of the child and
not the product of improper suggestion;
(3) the videotape and audiotape machine or device was capable of recording
testimony;
(4) the person operating the device was competent to operate it;
(5) the videotape or audiotape is authentic and correct; and
(6) it has been duly preserved.
The individual conducting the interview of the child shall be available at trial for
examination by any party. Before the videotape or audiotape is offered in evidence, all
parties shall be afforded an opportunity to view or listen to it and shall be furnished a
copy of a written transcript of the proceedings.
The fact that an investigative interview is not videotaped or audiotaped as required by
this section shall not by itself constitute a basis to exclude from evidence out-of-court
statements or testimony of the child. It may, however, be considered in determining
the reliability of the statements of the child describing abuse. (Section 29)
What is sexual abuse shield rule?
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;
2. Evidence offered to prove the sexual predisposition of the alleged victim. (Section
30[a])
Exception: Evidence of specific instances of sexual behavior by the alleged victim to
prove that other than the accused was the source of semen, injury or other physical
evidence shall be admissible. (Section 30[b])
What should a party do intending to offer such evidence?
1) File a written motion at least fifteen (15) days before trial, specifically describing the
evidence and stating the purpose for which it is offered, unless the court, for good
cause, requires a different time for filing or permits filing during trial; and
(2) Serve the motion on all parties and the guardian ad litem at least three (3) days
before the hearing of the motion.
Before admitting such evidence, the court must conduct a hearing in chambers and
afford the child, his guardian ad litem, the parties, and their counsel a right to attend
and be heard. The motion and the record of the hearing must be sealed and remain
under seal and protected by a protective order set forth in section 31(b). The child shall
not be required to testify at the hearing in chambers except with his consent. (Section
30).
What are the protections of privacy and safety guaranteed by this Rule?
(a) Confidentiality of records. - Any record regarding a child shall be confidential and
kept under 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:
"This object or document and the contents thereof are subject to a protective order
issued by the court in (case title) , (case number) . They shall not be examined,
inspected, read, viewed, or copied by any person, or disclosed to any person, except
as provided in the protective order. No additional copies of the tape or any of its portion
shall be made, given, sold, or shown to any person without prior court order. Any
person violating such protective order is subject to the contempt power of the court
and other penalties prescribed by law."
(5) No tape shall be given, loaned, sold, or shown to any person except as ordered by
the court.
(6) Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof
shall be returned to the clerk of court for safekeeping unless the period is extended by
the court on motion of a party.
(7) This protective order shall remain in full force and effect until further order of the
court.
(c) Additional protective orders. - The court may, motu proprio or on motion of any
party, the child, his parents, legal guardian, or the guardian ad litem, issue additional
orders to protect the privacy of the child.
(d) Publication of identity contemptuous. - Whoever publishes or causes to be
published in any format the name, address, telephone number, school, or other
identifying information of a child who is or is alleged to be a victim or accused of a
crime or a witness thereof, or an immediate family of the child shall be liable to the
contempt power of the court.
(e) Physical safety of child; exclusion of evidence. - A child has a right at any court
proceeding not to testify regarding personal identifying information, including his
name, address, telephone number, school, and other information that could endanger
his physical 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. (Section 31)
Do the provisions of Rules of court apply in this Rule?

YES. The provisions of the Rules of Court on deposition, conditional examination of
witnesses and evidence shall be applied in a suppletory character. (Section 32)
In People vs. Esugon, the Court emphasized that under the Rule on Examination of a
Child Witness (A.M. No. 004-07-SC 15 December 2000), every child is now presumed
qualified to be a witness. To rebut this presumption, the burden of proof lies on the
party challenging the child’s competency. Only when 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 will the court, motu
proprio or on motion of a party, conduct a competency examination of a child.54
54
People vs. Esugon, supra
The students are encouraged to ask questions and clarifications via online mode
regarding the topics on child witness rules. Questions raised will be entertained and
answered by the teacher to ensure that the rules will be discussed and understood
thoroughly.
Analysis:
In the previous unit title, we mentioned the order of examination in the case of child
testimony, it also provides for the same kind of examinations but with some legal
modifications.
Abstraction:
In this part of the module, I want the students to come up with an overview of what
they understood in the previous discussions in this unit and be able to explain the
following legal concepts.
The objectives of this Rule are to create and maintain an environment that will allow
children to give reliable and complete evidence, minimize trauma to children to testify
in legal proceedings and facilitate the ascertainment of truth.55
Best interests of the child" means 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.
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.
Application:
The competency of the child witness cannot be the sole reason for disqualification. Do
you agree on that statement and what is the rationale of the said rule?
55
A.M No. 004-07-SC; November 21, 2000; Rule on Examination of a Child Witness
Answer:
The dismissiveness with which the testimonies of child witnesses were treated in the
past has long been erased, this was the pronouncement of the court in the case of
People vs. Esugon, (G.R.. No.. 195244, June 22, 2015.)
POST-TEST:
Are the statement absolutely correct, yes or no, then laid down your legal justifications:
1. 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.
2. 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.
3. If the support person chosen by the child is also a witness, the court may disapprove
the choice if it is sufficiently established that the attendance of the support person
during the testimony of the child would pose a substantial risk of influencing or affecting
the content of the testimony of the child.
SUGGESTED READINGS:
• A.M. No. 004-07-SC
• People vs. Esugon, June 22, 2015, GR No. 195244
• People vs. Avila, June 15, 2016, GR No. 201584
UNIT TITLE: Disqualification of Witnesses Emphasized.
Lesson 1: Disqualification by Reason of Marriage
Lesson 2: Disqualification by Reason of Privilege Communication.
a. Marital Privilege Rule;
b. Attorney-Client Privilege;
c. Priest/Minister-Penitent Privilege
Lesson 3: Privilege Communication to public officers
a. Executive privilege;
Lesson 4: Rules on Electronic Evidence;
Lesson 5: Testimonial Privilege.
Lesson 6: Other Privilege Communication Not Found in the Rules
DURATION:
OBJECTIVE/COMPETENCIES:
PRE-TEST:
Enumerate the Privilege Communication under the Rules
• What is marital disqualification rule?

• What is marital privilege communication?
• In what case, does physician-patient privilege communication may be invoked?
• Can marital privilege communication be invoked in confidential information received
prior marriage?
• Can marital disqualification in case of a crime committed by the husband against the
father of the wife?
LESSON PROPER/COURSE METHODOLOGY
UNIT TITLE: Disqualification of Witnesses, Emphasized
Lesson 1: Disqualification by Reason of Marriage:
*NOTA BENE: Disqualification by reason of mental incapacity or immaturity is deleted

under the amendments. While disqualification by reason of death or insanity of the
adverse party is transferred under Section 39, Rule 130 of the amendments. Hence,
no longer a disqualification.
How is marriage disqualified by reason of marriage?

During their marriage, the husband or the wife cannot testify against the other without
the consent of the affected spouse. (Section 23, Rules on Evidence as amended)
Is there an exception to this Rule?
YES. In a civil case by one against the other, or in a criminal case for a crime
committed by one against the other or the latter’s direct descendants or ascendants,
the disqualification does not apply. (ibid)
Disqualification under Section 23 is called, “Marital Disqualification Rule.”
What are the specific reasons for the Marital Disqualification Rule?
• There is identity of interests between husband and wife;
• If one were to testify for or against the other, there is a consequent danger of perjury;
• The policy of the law is to guard the security and confidences of private life, even at
the risk of an occasional failure of justice and to prevent disunion and unhappiness;
and
• Where there is want of tranquility there is danger of punishing one spouse through the
hostile witness of the other.56
To where does the prohibition extend?

The prohibition extends not only to a testimony adverse to the spouse but also to a
testimony in favor of the spouse.57
56
Alvarez vs Ramirez ( 473 SCRA 72), cited in Evidence (The Bar Lecture Series) by Riano, 2016
57
Evidence (The Bar Lecture Series) by Riano
In order that the husband or wife may claim the privilege, it is essential that they be
VALIDLY MARRIED. (Moran, Comments on the Rules of Court, Volume 5, page 176,
citing State vs. Hancock)58
This section requires not only a valid marriage but the existence of that valid marriage
at the moment the witness-spouse gives the testimony.59
If the testimony for or against the other spouse is offered during the existence of the
marriage, it does not matter if the facts subject pf the testimony occurred or came to
the knowledge of the witness-spouse before the marriage. 60
58
ibid
59
ibid
60
ibid
LESSON 2: DISQUALIFICATION BY REASON OF PRIVILEGE COMMUNICATION:
(Section 24)
a. Husband and the wife

When does the disqualification apply?
The husband and the wife, during or after the marriage, cannot be examined without
the consent of the other as to any communication received in confidence by one from
the other during the marriage (Section 24[a])
What are the exceptions to the disqualification?
• in a civil case by one against the other,
• or in a criminal case for a crime committed by one against the other or the latter’s
direct ascendants or descendants. (ibid)
What are the elements for the disqualification to apply?
 There must be a valid marriage between the husband and wife;
 There is a communication received in confidence by one from the other; and
 The confidential communication was received during the marriage.61
Since the application of the rule requires a confidential information received by one
spouse from the other during the marriage, information acquired by a spouse before
marriage, even of received confidentially, will not fall squarely under this rule.62
What is required for the information to be considered as confidential?
It must be made during and by reason of the marital relations and is not intended not
to be shared with others.63
May the marital privilege rule be waived? If yes, how?
YES. It may be waived by reason of the claimant to object timely to its presentation or
by any conduct that may be construed as implied consent.64
MARITAL DISQUALIFICATION RULE vs. MARITAL PRIVILEGE
COMMUNICATION65
MARITAL MARITAL PRIVILEGE COMMUNICATION (SECTION 24
DISQUALIFICATION [A], RULE 130)
RULE (SECTION 23,
RULE 130)
Does not refer to Refers to confidential communication by one spouse to the
confidential other during marriage.
communication
61
supra
62
ibid
63
Ibid
64
(Lacurom vs. Jacoba), 484 SCRA 206; cited in Evidence (The Bar Lecture Series) by Riano
65
Evidence (The Bar Lecture Series), Riano, 2016
between the
spouses.
Includes facts, Confidential information received during marriage.
occurrences or
information even
prior to the marriage.
Can no longer be Can still be invoked even the marriage is dissolved.
invoked once the
marriage is
dissolved.
Requires that the Applies regardless of whether the spouses are parties or
spouse for whom or not.
against whom the
testimony is offered is
a party to the action.
b. Attorney or person believed by the client to be licensed to engage in the

practice of law and client
To whom the privilege applies?

• An attorney or
• Person reasonably believed by the client to be licensed to engage in the practice of
law. (Section 24[a])
In what communication does the privilege apply?
Cannot be examined to any:
• Communication made by the client to him or her without the client’s consent;(Section
24[a]) or
• His or her advice given thereon in the course of or with a view to, professional
employment without the client’s consent. (ibid)
• Nor can an attorney’s secretary, stenographer, or clerk or other persons assisting the
attorney be examined without the consent of the client and his or her employer,
concerning any fact the knowledge of which has been acquired in such capacity.
What are the exceptions to the disqualifcation under Section 24 (b), Rule130:
i) Furtherance of crime or fraud- If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
ii) Claimants through same deceased clients-As to a communication relevant to an
issue between parties who claim through the same deceased client, regardless of
whether the claims are by testate or intestate or by inter vivos transaction;
iii) Breach of duty by lawyer or client- As to a communication relevant to an issue of
breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;
iv) Document attested by the lawyer- As to a communication relevant to an issue
concerning an attested document to which the lawyer is an attesting witness; or
v) Joint clients- As to a communication relevant to matter of common interest between
two or more clients if the communication was made by any of them to a lawyer retained
or consulted in common, when offered in an action between any of the clients, unless
they have expressly agreed otherwise.
In Jimenez vs. Atty. Edgar Francisco66, the Court ruled that: The mere relation of
attorney and client does not raise a presumption of confidentiality. The client must
intend the communication to be confidential.
A confidential communication refers to information transmitted by voluntary act of
disclosure between attorney and client in confidence and by means which, so far as
the client is aware, discloses the information to no third person other than one
reasonably necessary for the transmission of the information or the accomplishment
of the purpose for which it was given.
The communication made by a client to his attorney must not be intended for mere
information, but for the purpose of seeking legal advice from his attorney as to his
rights or obligations. The communication must have been transmitted by a client to his
attorney for the purpose of seeking legal advice.67
In the case of Mercado vs. Atty. Julito Vitriolo68, the Court ruled that matters disclosed
by a prospective client to a lawyer are protected by the rule on privileged
communication even if the prospective client does not thereafter retain the lawyer or
the latter declines the employment. The reason for this is to make the prospective
client free to discuss whatever he wishes with the lawyer without fear that what he tells
the lawyer will be divulged or used against him, and for the lawyer to be equally free
to obtain information from the prospective client.
On the other hand, a communication from a (prospective) client to a lawyer for some
purpose other than on account of the (prospective) attorney-client relation is not
privileged.69
c. Physician, psychotherapist or person reasonably believed by the patient

to be authorized to practice medicine or psychotherapy and patient.
(Section 24[c], Rule 130)
To whom the disqualification applies?

• Physician;
• Psychotherapist; or
66
AC No. 10548; December 10, 2014; https://lawphil.net/judjuris/juri2014/dec2014/ac_10548_2014.html
67
ibid
68
AC No. 5108; May 26, 2005; https://lawphil.net/judjuris/juri2005/may2005/ac_5108_2005.html
69
ibid
• Person reasonably believed by the patient to be authorized to practice medicine or
psychotherapy.
In what kind of case?
Civil case
What is the scope of the privilege?
• Any confidential communication made for the purpose of diagnosis or treatment of the
patient’s physical, mental, or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist.
• The privilege also applies to persons, including members of the patient’s family, who
have participated in the diagnosis or treatment of the patient under the direction of the
physician or psychotherapist.
Who is a psychotherapist?
a. A person licensed to practice medicine engaged in the diagnosis or treatment of a
mental or emotional condition; or
b. A person licensed as a psychologist by the government while similarly engaged.
In the case of Krohn vs. The Court of Appeals, et. Al.70, the Court ruled that, statutes
making communications between physician and patient privileged are intended to
inspire confidence in the patient and encourage him to make a full disclosure to his
physician of his symptoms and condition. Consequently, this prevents the physician
from making public information that will result in humiliation, embarrassment, or
disgrace to the patient.
In the case of Lim vs. The Court of Appeals, et. Al.,71 it was held that the rule on the
physician-patient privilege is intended to facilitate and make safe full and confidential
disclosure by the patient to the physician of all facts, circumstances and symptoms,
untrammeled by apprehension of their subsequent and enforced disclosure and
publication on the witness stand, to the end that the physician may form a correct
opinion, and be enabled safely and efficaciously to treat his patient. It rests in public
policy and is for the general interest of the community.
d. Minister, priest or person reasonably believed to be so.
Where does the privilege apply?
Be examined as to any communication made as to any communication or confession
made to or any advice given by him or her, in his or her professional character, in the
course of discipline enjoined by the church to which the minister or priest belongs.
(Section 24[d])
70
G.R. No. 108854; June 14, 1994; https://lawphil.net/judjuris/juri1994/jun1994/gr_108854_1994.html
71
GR. No. 91114; September 25, 1992
Failure of a priest to disclose information given by a confessant pertaining to
conspiracy is not punishable. This is an insuperable cause since the confession is
confidential and he has an obligation to the Church not to reveal the same. 72
72
Criminal Law Reviewer, Volume II; by Judge Marlo Campanilla, 2018, pages 4-5
LESSON 3: Privilege Communication to Public Officers:
What does the privilege cover?

A public officer cannot be examined during or after his or her tenure as to
communications made to him or her in official confidence, when the court finds that
the public interest would suffer by the disclosure.
Executive Privilege:
In Almonte vs. Vasquez (244 SCRA 286), the Court acknowledged, that there are
certain types of information which the government may withhold from the public like
military, diplomatic and national security secrets.73
• In Chavez vs. Public Estates Authority (384 SCRA 152), it was similarly held that
secrets involving military, diplomatic and national security matters and information on
investigations of crimes by law enforcement agencies before the prosecution of the
accused were exempted from the right to information. The right to information does
not also extend to presidential conversations, correspondences and discussions in
closed-door cabinet meetings.74
What are the requirements for the claim of executive privilege be invoked?
• There must be a formal claim of the privilege;
• Lodged by the head of the department who has control of the matter; and
• That a formal and proper claim of privilege requires a “precise and certain reason” for
preserving confidentiality, but congress must not require the executive department to
state the reasons for the claim with such particularity as to compel the disclosure of
the information which the privilege is meant to protect. (Neri vs. Senate Committees
on Accountability of Public Officers and Investigations)75
73
74
Ibid.
75
ibid
LESSON 4: Rules on Electronic Evidence:
What is an electronic data message?

It refers to an electronic document pr electronic data message bearing a digital
signature verified by the public key listed in a certificate.76
What is an electronic document?
It refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however represented, by
which a right is established or an obligation extinguished, or by which a fact may be
proved or affirmed, which is received, recorded, transmitted, stored, processed,
retrieved or produced electronically.77
It includes digitally signed documents and any printout or output, readable by
sight pr other means, which accurately reflects the electronic data message or
electronic document.78
Nota Bene: The term electronic data message and electronic document may be used
interchangeably for purposes of these Rules.79
What is ephemeral electronic communication?
It refers to telephone conversations, text messages, chatroom sessions,
streaming audio, streaming video, and other electronic forms of communication the
evidence of which is not recorded or retained.80
What is Information and communication system?
It refers ton a system for generating, sending, storing or otherwise processing
electronic data message or electronic documents and includes the computer system
or other similar devices in which data are recorded or stored and any procedure related
to the recording or storage of electronic data messages or electronic documents. 81
Does privilege communication apply even under the Rules on Electronic
Evidence?
YES. Under Section 3, Rule 3 of the Rules on Electronic Evidence, the confidential
character of a privileged communication is not lost solely on the ground that it is in the
form of electronic document.82
76
Section 1(g), Rule 2, Rules on Electronic Evidence
77
Section 1(h), Rule 2, Rules on Electronic Evidence
78
Ibid.
79
Ibid.
80
Section 1(k), Rule 2, Rules on Electronic Evidence
81
Section 1(L), Rule 2, Rules on Electronic Evidence
82
LESSON 5: TESTIMONIAL PRIVILEGE:
What are covered by testimonial privilege?

• Parental and Filial Privilege; and
• Privilege relating to trade secrets
What is covered by Parental and filial privilege rule?

No person shall be compelled to testify against his or her parents, other direct
ascendants, children or other direct descendants. (Section 25, Rule 130, Rules on
Evidence as amended)
Is there an exception to this privilege?
YES. When such testimony is INDISPENSABLE IN A CRIME against that person or
by one parent against the other. (ibid).
In People of the Philippines vs. Invencion, the Court held that “filial privilege” is
not strictly a rule on disqualification because a descendant is not incompetent or
disqualified to testify against an ascendant.83
Privilege relating to trade secrets:

A person cannot be compelled to testify about any trade secret, unless the non-
disclosure will conceal fraud or otherwise work injustice. When disclosure is directed,
the court shall take such protective measures as the interest of the owner of the trade
secret and of the parties and the furtherance of justice may require. (Section 26, Rule
130, Rules on Evidence as amended)
83
GR. No. 131636, March 5, 2003
LESSON 6: OTHER PRIVILEGED COMMUNICATION NOT FOUND IN THE RULES
OF COURT
a. Editors may not be compelled to disclose the source of published news;

b. Voters may not be compelled to disclose for whom they voted;
c. Information contained in tax census returns; and
d. Bank deposits. (Air Philippines vs. Pennswell, 540 SCRA 215)84
Activity:
In the middle of the day, there was a loud explosion heard of. W saw her common-law
husband H running towards him and told her that he caused the house of X to be
burned. A, H’s child saw the act of burning made by his father. Later in the afternoon,
H confessed the arson to P, a priest.
Now, W, A and P are called to testify. What privilege may be invoked by H, if any?
Analysis:
As to W, H cannot invoke the Marital Disqualification Rule because the Rule requires
that there be a valid marriage. Here, they were common law spouses only.
As to A, H cannot also invoke privilege communication because no rule provides in
cases of parent and child. However, under the filial privilege, A cannot be compelled
to testify against H. Hence, the invocation of filial privilege belongs to A and not to H.
As to P, yes H can validly invoke the privilege communication since the confession
was made in the course of his vocation or calling under Section 24 (d), Rule 130 of the
Amendments on the Rules on Evidence.
Abstraction:
Prior to A.M. No. 19-08-15-SC, a person cannot claim against the estate of the
deceased or person of unsound mind because of Section 23, Rule 130 also known as
the Dead Man’s Statute. However, under the amendments such provision was deleted
as a disqualification but is now considered as an exception to the hearsay rule.
Under Section 39, Rule 130 of 2019 Proposed Amendments on Rules on Evidence:
Statement of decedent or person of unsound mind- In an action against an executor
or administrator or other representative of a deceased person, or against a person of
unsound mind, where a party or assignor of a party or a person in whose behalf a case
84
is prosecuted testifies on matter of fact occurring before the death of the deceased
person or before the person became of unsound mind any statement of the deceased
or the person of unsound mind, may be received in evidence if the statement was
made upon the personal knowledge of the deceased or of the unsound mind at a time
when the matter had been recently perceived by him or her and while his or her
recollection was clear. Such statement, however, is inadmissible if made under
circumstances indicating its lack of unworthiness.
Application:
J, lent his friend K a money amounting to 200,000php. They did not execute a Contract
of Loan because they are friend. A year later, K died without the loan being paid. Can
J successfully claim the 200,000php against K’s executor?
It seems that yes, he can now successfully claim against K’s executor.
Bear in mind that there must be a personal knowledge of the deceased or of the
unsound mind at a time when the matter had been recently perceived by him or her
while his or her recollection was clear. Hence, the element of personal knowledge of
K as to the existence of debt should be first sufficiently established.
POST-TEST:
A, engaged asked the legal advice of C, a law student about a possible criminal charge
of Estafa against the former since he confessed to the commission of the crime to C.
Subsequently, during the presentation of the evidence for the prosecution, it presented
B as a witness against A. A now invokes, privileged communication under Section 24
(d) Rule 130 of the Rules on Evidence as amended. Is the invocation proper?
• Distinguish Marital Disqualification Rule and Marital Privileged Communication.

• Who is a psychotherapist?
• Enumerate the circumstances that can be bound by executive privilege.
• Enumerate the exceptions to lawyer-client privilege.
• What should court to do in case there is a need to divulge trade secrets in a court
action.
OTHER SUGGESTED READINGS:

• A.M. No. 19-08-15-SC
• A.M. No. 01-7-01-SC
• Mercado vs. Atty. Julito Vitriolo A.C. No. 5108
• Jimenez vs. Atty. Edgar Francisco; A.C. No. 10548; December 10, 2014
• Krohn vs. Court of Appeals; G.R. No. 108854; June 14, 1994
• Lim vs. Court of Appeals, et. Al., G.R. No. 91114; September 25, 1992
• Chavez vs. PCGG, GR No 130716
• Neri vs. Senate Committees on Accountability of Public Officers and Investigations
(435 SCRA 110, 148)
• People of the Philippines vs. Artemio Invencion; G.R. No. 131636, March 5, 2003

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TITLE OF THE LESSONS:

Lesson 1: Nature of Court Testimony

Lesson 2: Presumption in Favor of Competence of a Witness

Lesson 3: Qualification of Witness

Lesson 4: Other Factors that Affect the Competency of a Witness

2. Why do you think learning about court testimony is important?

In the Philippines, it is the Rules on Evidence as amended by the 2019 Proposed

Presumption in Favor of Competence of a Witness:

Section 21, of Rule 130 on the Rules on Evidence provides:

Section 22, Rule 130 of the amendments states that:

Ability to make known the perception to others:

According to jurisprudence, deaf-mutes are not necessarily incompetent as witnesses.

Form of Testimony in Criminal Cases (Revised Guidelines for Continuous Trial

B) For Second Level Courts, Sandiganbayan and Court of Tax Appeals.

Answer the following questions:

TITLE OF THE LESSONS:

Examination of witnesses and record or proceedings:

Section 2. Proceedings to be recorded- The entire proceedings of a trial or hearing

A transcript or record of the proceedings made by the official stenographer,

What should be recorded according to Section, Rule 132?

 A transcript of the record of the proceedings shall be deemed a PRIMA FACIE a

DIRECT EXAMINATION (Sec. 5, Rule 132)- Direct examination is the

When is cross-examination made?

TWO PURPOSES OF CROSS-EXAMINATION:

The function of cross examination is to test the truthfulness of the statements of a

RE-DIRECT EXAMINATION (Section 7, Rule 132)-After the cross-examination of the

When re-cross examination is made?

When is re-cross examination made?

What is the effect of submission of Judicial Affidavit? (JA, for brevity)

When JA shall be filed?

What should be attached in the JA?

What are the contents of JA?

In what language does JA should be written?

When offer of and objections to testimony in JA is made?

Can a witness be examined on his JA?

When oral offer of and objections to exhibits are made?

When JAR is applicable to criminal actions?

When JA is submitted in criminal actions?

What is the effect of non-compliance with the JAR?

Is the question proper?

LESSON 1: Applicability of the Rule

LESSON 2: Meaning of Child Witness

LESSON 3: Competency of Child Witness

LESSON 4: Examination of Child Witness

What rule governs the examination of a child witness?

What is the applicability of the Rule?

In what cases this Rule is applicable?

A child witness is any person who at the time of giving testimony is

What is the presumption regarding a child witness?

What does a party seeking a competency examination must present?

Who has the burden of proof in rebutting the presumption of competence

Who are the persons allowed at competency examination?

Who conducts the competency examination?

What are developmentally appropriate questions?