The Rules of Court expressly allows leading questions when the witness is a child of tender years

Facts: 

Appellant Artemio Invencion y Soriano was charged with the the crime of rape committed against his 16-year child. One of the witnesses of the prosecution was Elven Invencion, the 8-year-old son of Artemio with his second common-law wife. The trial court convicted Artemio. On appeal, he attacks the competency and credibility of Elven as a witness. He argues that Elven’s testimony appears not to be his but what the prosecution wanted him to say, as the questions asked were mostly leading questions.

Held: 

Artemio cannot challenge the prosecution’s act of propounding leading questions on Elven. Section 10(c) of Rule 132 of the Rules of Court expressly allows leading questions when the witness is a child of tender years like Elven.

Citation: People of the Philippines vs Artemio Invencion y Soriano, G.R. No. 142930, March 28, 2003

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Child witnesses may testify in a narrative form

Decision: 

Parenthetically, under Sections 19 to 21 of the Rule on Examination of a Child Witness which took effect on December 15, 2000, child witnesses may testify in a narrative form and leading questions may be allowed by the trial court in all stages of the examination if the same will further the interest of justice. Objections to questions should be couched in a manner so as not to mislead, confuse, frighten and intimidate the child:

Sec. 19.  Mode of questioning. – The court shall exercise control over the questioning of children so as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form appropriate to the developmental level of the child, (3) protect children from harassment or undue embarrassment, and (4) avoid waste of time.

The court may allow the child witness to testify in a narrative form.

Citation: People of the Philippines vs Kakingcio Cañete, G.R. No. 142930, March 28, 2003

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