Friday, May 9, 2014

Is a child's testimony admissible?

Yes, a child is not incompetent to give testimony simply because of his age.

In People vs. Avendano, G.R. No. 137407, 28 January 2003, the Supreme Court explained that to be considered a competent witness, a child should possess the following:

1) Capacity of observation;
2) Capacity of recollection; and
3) Capacity of communication.

The Supreme Court further explained that it is the degree of the child's intelligence that determines the child's competence as a witness. "If the child is sufficiently mature to receive correct impressions by his senses, to recollect and narrate intelligently, and to appreciate the moral duty to tell the truth, then he is competent to testify," regardless of his age.

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