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

Topic: Child Witnesses, Leading Questions