Practice question
A party establishes substantial doubt about a child’s ability to distinguish truth from falsehood and obtains a competency examination. Counsel demands to conduct the examination directly and question the child on disputed trial facts. What does section 6 require?
- Counsel exclusively examines on guilt.
- Every observer may freely question the child.
- The child must be found incompetent without examination.
- The judge alone conducts the examination; counsel may submit proposed questions, and the inquiry uses developmentally appropriate competence questions rather than the merits issues.
- The examination must be a public vote.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 130 sections 21–22: perception, communication, nondisqualification grounds and personal knowledge.
- https://lawphil.net/courts/supreme/am/am_004_07_sc_2000.html — Rule on Examination of a Child Witness sections 4, 6–11: child definition, presumption, examination and appropriate assistance.
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