Dear Atty. Chris Liquigan,
There was a recent incident here in our place and the only witness is a child — a minor. Is it possible for a minor to be a witness? Thanks.
Jeirry
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Dear Jeirry,
To straightly answer, yes, the child is qualified to be a witness. Administrative Action 004-07-SC of 21 November, 2000 specifically states that all children are considered eligible witnesses, subject to the court’s assessment of the child’s competence.
Further, Rule 130 of the Rules of Court specifically states that all persons who are aware of and able to convey their recognition to others are eligible as witnesses.
“Section 20. Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses. xxx” (Emphasis supplied)
To strengthen the above legal provisions, the Supreme Court has filed the case of Filipino Nationals v. Gregorio Hermosa et al. (GR 131805, 7 September 2001), written by Chief Justice Reinat Puno, states:
“In the new Child Witness Rule, every child is presumed qualified to be a witness. To rebut this presumption, the burden of proof lies on the party challenging the child’s competence. 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.”
Hope this helps.
Atty. Chris Liquigan