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Rommel K. Manwong
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a.k.a "rkm"
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...let me share a portion of the "RULES OF EXAMINATION OF A CHILD WITNESS"... might help us all in the above query:
The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a witness to a crime to promote the best interests of the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social service programs, and child development, giving preference to the parents of the child, if qualified. The guardian ad litem may be a member of the Philippine Bar. A person who is a witness in any proceeding involving the child cannot be appointed as a guardian ad litem.
The guardian ad litem:
(1) shall attend all interviews, depositions, hearings, and trial proceedings in which a child participates;
(2) shall make recommendations to the court concerning the welfare of the child;
(3) shall have access to all reports, evaluations, and records necessary to effectively advocate for the child, except privileged communications;
(4) shall marshal and coordinate the delivery of resources and special services to the child;
(5) shall explain, in language understandable to the child, all legal proceedings, including police investigations, in which the child is involved;
(6) shall assist the child and his family in coping with the emotional effects of crime and subsequent criminal or non-criminal proceedings in which the child is involved;
(7) may remain with the child while the child waits to testify;
(8) may interview witnesses; and
(9) may request additional examinations by medical or mental health professionals if there is a compelling need therefor.
The guardian ad litem shall be notified of all proceedings but shall not participate in the trial. However, he may file motions pursuant to Sections 9, 10, 25, 26, 27 and 31(c). If the guardian ad litem is a lawyer, he may object during trial that questions asked of the child are not appropriate to his developmental level.
The guardian ad litem may communicate concerns regarding the child to the court through an officer of the court designated for that purpose.
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.
The guardian ad litem shall be presumed to have acted in good faith in compliance with his duties described in Sub-section (b).
As to competency, every child is presumed qualified to be a witness. However, the court shall conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court....
(a) Proof of necessity.— A party seeking a competency examination must present proof of necessity of competency examination. The age of the child by itself is not a sufficient basis for a competency examination.
(b) Burden of proof.— To rebut the presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his competence.
(c) Persons allowed at competency examination.—Â Only the following are allowed to attend a competency examination:
   (1) The judge and necessary court personnel;
   (2) The counsel for the parties;
   (3) The guardian ad litem;
   (4) One or more support persons for the child; and
   (5) The defendant, unless the court determines that competence can be fully evaluated in hisÂ
      absence.
Conduct of examination— Examination of a child as to his competence shall be conducted only by the judge. Counsel for the parties, however, can submit questions to the judge that he may, in his discretion, ask the child.
Developmentally appropriate questions— The questions asked at the competency examination shall be appropriate to the age and developmental level of the child; shall not be related to the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify truthfully.
Continuing duty to assess competence.—Â The court has the duty of continuously assessing the competence of the child throughout his testimony...
NYa ha ha..Â
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