Philippine Bar review · Question

Practice question: Who may be Witnesses (See also AM 00-4-07-SC)

Multiple Choice Hard

Practice question

A young child can recall and explain the observed event, distinguish a true account from a false one, and understand the duty to tell the truth. The opponent relies solely on the child’s inability to define the technical legal term perjury. Is that alone a sound basis for declaring incompetence?
  1. Yes, every witness must define statutory offenses.
  2. No; the court assesses the Rule’s actual functional abilities and truth-telling duty, not a technical vocabulary test.
  3. Yes, lack of legal training defeats the presumption.
  4. No; the child’s account must automatically prevail over all other proof.
  5. Yes, children cannot be helped by an interpreter in any case.

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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