Child welfare vs. rights of the accused: A study on the rule on examination of a child witness in relation to the constitutional provision affording the accused the right to meet the witness face to face

• Main Authors: Co, Joan Kristel Cu, Raz, Kathleen April, Reyes, Winchester
• Format: text
• Language: English
• Published: Animo Repository 2005
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/11885
• Institution: De La Salle University

Children are the treasure of society. Unfortunately, some children become victims of different kinds of abuse, discrimination and cruelty. Some children who disclose abuse are revictimized by undergoing countless interviews and through testifying in open court. This is a serious and tragic reality which inspired the Supreme Court to promulgate the Rule on Examination of a Child Witness. This rule aims to create and maintain an environment that will allow child witnesses to testify without being traumatized as a means of upholding the best interests of children. With the advent of change in technology, other means of testifying outside the courtroom were made available. These innovations include live-link television, videotaped depositions and the placing of screens or barriers between the child witness and the accused. These special procedures are being questioned on the issue of violating the right of the accused to confrontation, specifically the right to meet the witness face to face. This paper aims to solve the issue between the Rule and the confrontation right of the accused. This will try to prove that the Rule on Examination of a Child Witness does not violate the accused's right to confrontation and that the state policy-protection of children- is necessary in the ascertainment of truth, serving as the root of the promulgation of this Rule.