PART IV

1) OPINION RULE

A. Opinion of expert witness

The opinion of a witness on a matter requiring special knowledge, skill,

experience, training or education, which he or she is shown to possess, may be received
in evidence. (Sec. 52, Rule 130)

B. Opinion of ordinary witness

The testimony of an ordinary witness may be admitted in evidence provided that

the proper basis of the opinion is given and the subject of the opinion is any of the
following matters:
 The identity of a person about whom the witness has adequate knowledge;
 The handwriting of a person with which the witness has sufficient
familiarity;
 The mental sanity of a person with whom he is sufficiently acquainted;
and
 The impressions of the witness of the emotion, behavior, condition or
appearance of a person.
(Sec. 53, Rule 130)

2) CHARACTER EVIDENCE
Evidence of a person’s character or a trait of character is not admissible for the
purpose of proving action in conformity therewith on a particular occasion (Sec. 54, as
amended), except:

A. Character evidence in criminal cases

(1) The character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or improbability of the
offense charged.

(2) The accused may prove his or her good moral character, pertinent to
the moral trait involved in the offense charged However,  the prosecution
may not prove his or her bad moral unless on rebuttal.

B. In civil cases
Evidence of the moral character of a party in a civil case is admissible
only when pertinent to the issue of character involved in the case.

 Evidence of the good character of a witness is not admissible until such

character has been impeached.
 In all cases in which evidence of character or a trait of character of a
person is admissible, proof may be made by testimony as to reputation or
by testimony in the form of an opinion.
 In cases in which character or a trait of character of a person is an essential
element of a charge, claim or defense, proof may also be made of specific
instances of that person’s conduct.

3) RULE ON EXAMINATION OF CHILD WITNESS

Reference: A.M. NO. 004-07-SC

A. Applicability rule

Governs the examination of child witnesses who are:

1. Victims of a crime
2. Accused of a crime
 3. Witnesses to crime
It shall apply in all criminal proceedings and non-criminal proceedings involving
child witnesses. (Sec. 1)

B. Meaning of child witness

A "child witness" is any person who at the time of giving testimony is below the
age of eighteen (18) years. In child abuse cases, a child includes one over eighteen (18)
years but is found by the court as unable to fully take care of himself or protect himself
from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition. (Sec. 4A)

C. Competency of child witness

Every child is presumed qualified to be a witness. However, the court shall

conduct a competency examination of a child, motu proprio or on motion of a party,
when it finds that substantial doubt exists regarding the ability of the child to perceive,
remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell
the truth in court (Sec. 6)

D. Examination of child witness

General Rule: The examination of a child witness presented in a hearing or any

proceeding shall be done in open court and the answers of the witness shall be given
orally.

Exceptions:

 When the witness is incapacitated to speak, or

 When the question calls for a different mode of answer

The party who presents a child witness or the guardian ad litem of such child
witness may, however, move the court to allow him to testify in the manner provided in
this Rule.

E. Live-link testimony of child witness

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.
(Sec. 25F)

Factors to consider by the Court before granting the order of live-link television:

(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

F. Videotape disposition of child witness

The deposition of a child may be taken and preserved by videotaped by virtue of

an order directing the same, in the following instances:

• Upon application by the prosecutor, counsel, or guardian ad litem

(with prior consultation with the prosecutor or counsel); or

• When the court finds that the child will not be able to testify in
open court at trial.

 The judge shall preside at the videotaped deposition of a child

 Videotaped depositions shall be preserved and stenographically recorded, shall be

made a part of the record, and shall be subject to a protective order

(Sec. 27)

G. Hearsay exception

General Rule: A statement made by a child describing any act or attempted act of
child abuse, not otherwise admissible under the hearsay rule, may be admitted in
evidence in any criminal or non-criminal proceeding.

 The proponent shall make known their intention to offer such statement to provide
the adverse party 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.

 When the child in unavailable the fact of such circumstance must be proved by
the proponent.

H. Sexual abuse shield rule

General Rule: Under the “Sexual Abuse Shield” Rule, the accused is not allowed to
prove the bad moral character of the offended party. Hence, the following evidence is not
admissible in any criminal proceeding involving alleged child sexual abuse:

• Evidence to prove that the alleged victim engaged in other sexual behavior; and
 • Evidence offered to prove the sexual predisposition of the alleged victim

Exception: Evidence of specific instances of sexual behavior by the alleged victim to

prove that a person other than the accused was the source of semen, injury, or other
physical evidence shall be admissible.

(Sec. 30)

I. Protective orders

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 be subject to protective
order.

Any videotape or audiotape of a child is part of the court record and shall be under
protective order

The court may, motu proprio or on motion of any party, the child, his parents, legal
guardian, or the guardian ad litem, also issue additional orders to protect the privacy of
the child. (Sec. 31b)