Testimony of a child witness may be given weight despite tender age

Dear PAO,

My 8-year-old niece was abused by X, who lives a few houses away from their house. According to my niece, she was playing by herself in front of their house when, out of nowhere, X pulled her to a corner lot and started kissing her neck and cheeks. He allegedly tried kissing her lips, but she punched and bit his face, which eventually caused him to let go of her. My cousin, the mother of my niece, who was doing household chores inside their house, went out to call my niece as it was about dinner time. She saw that my niece was just staring blankly. My cousin asked her if she was okay, but my niece just kept silent. It was only after two weeks that my niece told my cousin about the incident because she saw X again. They went to the barangay, and they were advised to go to the police station. My cousin's concern is whether the allegations of my niece against X will be given weight considering her tender age and the fact that she did not scream at the time the incident happened or immediately tell anyone about it. Also, since she is the lone witness of her attacker, is it really necessary that someone else back up her testimony?

Donita

Dear Donita,

The fundamental qualification of a witness is that he or she must be able to perceive facts, and he or she must be able to make known his or her perception to others. The facts that a witness relays must only be those which he or she knows from his or her own personal knowledge. This is embodied under the 2019 Proposed Amendments to the Revised Rules on Evidence (AM 19-08-15-SC dated Oct. 8, 2019), which specifically provides that:

«Section 21. Witnesses; their qualifications. — All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.

»Section 22. 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 is, which are derived from his or her own perception."

As can be gleaned from the foregoing, the Rules do not distinguish as to the age of the witness. Hence, any declaration made by a qualified witness may be appreciated in court, regardless of whether said