CHILD WITNESS RULE (d) "Record regarding a child" or

"record" means any photograph,

A.M. NO. 004-07-SC             videotape, audiotape, film, handwriting,
November 21, 2000 typewriting, printing, electronic
recording, computer data or printout, or
RULE ON EXAMINATION OF A CHILD other memorialization, including any
WITNESS court document, pleading, or any copy
or reproduction of any of the foregoing,
Section 1. Applicability of the Rule. - that contains the name, description,
Unless otherwise provided, this Rule address, school, or any other personal
shall govern the examination of child identifying information about a child or
witnesses who are victims of crime, his family and that is produced or
accused of a crime, and witnesses to maintained by a public agency, private
crime. It shall apply in all criminal agency, or individual.
proceedings and non-criminal
proceedings involving child witnesses. (e) A "guardian ad litem" is a person
appointed by the court where the case is
Section 2. Objectives. - The objectives pending for a child who is a victim of,
of this Rule are to create and maintain accused of, or a witness to a crime to
an environment that will allow children protect the best interests of the said
to give reliable and complete evidence, child.
minimize trauma to children, encourage
children to testify in legal proceedings, (f) A "support person" is a person
and facilitate the ascertainment of truth. chosen by the child to accompany him to
testify at or attend a judicial proceeding
Section 3. Construction of the Rule. - or deposition to provide emotional
This Rule shall be liberally construed to support for him.
uphold the best interests of the child and
to promote maximum accommodation of (g) "Best interests of the child" means
child witnesses without prejudice to the the totality of the circumstances and
constitutional rights of the accused. conditions as are most congenial to the
survival, protection, and feelings of
Section 4. Definitions. - security of the child and most
encouraging to his physical,
(a) A "child witness" is any person who psychological, and emotional
at the time of giving testimony is below development. It also means the least
the age of eighteen (18) years. In child detrimental available alternative for
abuse cases, a child includes one over safeguarding the growth and
eighteen (18) years but is found by the development of the child.
court as unable to fully take care of
himself or protect himself from abuse, (h) "Developmental level" refers to the
neglect, cruelty, exploitation, or specific growth phase in which most
discrimination because of a physical or individuals are expected to behave and
mental disability or condition. function in relation to the advancement
of their physical, socio-emotional,
(b) "Child abuse" means physical, cognitive, and moral abilities.
psychological, or sexual abuse, and
criminal neglect as defined in Republic (i) "In-depth investigative interview" or
Act No. 7610 and other related laws. "disclosure interview" is an inquiry or
proceeding conducted by duly trained
(c) "Facilitator" means a person members of a multidisciplinary team or
appointed by the court to pose questions representatives of law enforcement or
to a child. child protective services for the purpose

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of determining whether child abuse has (8) May interview witnesses; and
been committed.
(9) May request additional examinations
Section 5. Guardian ad litem. - by medical or mental health
professionals if there is a compelling
(a) The court may appoint a guardian ad need therefor.
litem for a child who is a victim of,
accused of, or a witness to a crime to (c) The guardian ad litem shall be
promote the best interests of the child. notified of all proceedings but shall not
In making the appointment, the court participate in the trial. However, he may
shall consider the background of the file motions pursuant to sections 9, 10,
guardian ad litem and his familiarity with 25, 26, 27 and 31(c). If the guardian ad
the judicial process, social service litem is a lawyer, he may object during
programs, and child development, giving trial that questions asked of the child are
preference to the parents of the child, if not appropriate to his developmental
qualified. The guardian ad litem may be level.
a member of the Philippine Bar. A
person who is a witness in any (d) The guardian ad litem may
proceeding involving the child cannot be communicate concerns regarding the
appointed as a guardian ad litem. child to the court through an officer of
the court designated for that purpose.
(b) The guardian ad litem:
(e) The guardian ad litem shall not
(1) Shall attend all interviews, testify in any proceeding concerning any
depositions, hearings, and trial information, statement, or opinion
proceedings in which a child received from the child in the course of
participates; serving as a guardian ad litem, unless
the court finds it necessary to promote
(2) Shall make recommendations to the the best interests of the child.
court concerning the welfare of the
child; (f) The guardian ad litem shall be
presumed to have acted in good faith in
(3) Shall have access to all reports, compliance with his duties described in
evaluations, and records necessary to sub-section (b).
effectively advocate for the child, except
privileged communications; Section 6. Competency. - Every child
is presumed qualified to be a witness.
(4) Shall marshal and coordinate the However, the court shall conduct a
delivery of resources and special competency examination of a child,
services to the child; motu proprio or on motion of a party,
when it finds that substantial doubt
(5) Shall explain, in language exists regarding the ability of the child to
understandable to the child, all legal perceive, remember, communicate,
proceedings, including police distinguish truth from falsehood, or
investigations, in which the child is appreciate the duty to tell the truth in
involved; court.

(6) Shall assist the child and his family (a) Proof of necessity. - A party seeking
in coping with the emotional effects of a competency examination must present
crime and subsequent criminal or non- proof of necessity of competency
criminal proceedings in which the child is examination. The age of the child by
involved; itself is not a sufficient basis for a
competency examination.
(7) May remain with the child while the
child waits to testify;

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(b) Burden of proof. - To rebut the proceeding shall be done in open court.
presumption of competence enjoyed by Unless the witness is incapacitated to
a child, the burden of proof lies on the speak, or the question calls for a
party challenging his competence. different mode of answer, the answers
of the witness shall be given orally.
(c) Persons allowed at competency
examination. Only the following are The party who presents a child witness
allowed to attend a competency or the guardian ad litem of such child
examination: witness may, however, move the court
to allow him to testify in the manner
(1) The judge and necessary court provided in this Rule.
personnel;
Section 9. Interpreter for child. -
(2) The counsel for the parties;
(a) When a child does not understand
(3) The guardian ad litem; the English or Filipino language or is
unable to communicate in said
(4) One or more support persons for the languages due to his developmental
child; and level, fear, shyness, disability, or other
similar reason, an interpreter whom the
(5) The defendant, unless the court child can understand and who
determines that competence can be fully understands the child may be appointed
evaluated in his absence. by the court, motu proprio or upon
motion, to interpret for the child.
(d) Conduct of examination. -
Examination of a child as to his (b) If a witness or member of the family
competence shall be conducted only by of the child is the only person who can
the judge. Counsel for the parties, serve as an interpreter for the child, he
however, can submit questions to the shall not be disqualified and may serve
judge that he may, in his discretion, ask as the interpreter of the child. The
the child. interpreter, however, who is also a
witness, shall testify ahead of the child.
(e) Developmentally appropriate
questions. - The questions asked at the (c) An interpreter shall take an oath or
competency examination shall be affirmation to make a true and accurate
appropriate to the age and interpretation.
developmental level of the child; shall
not be related to the issues at trial; and Section 10. Facilitator to pose
shall focus on the ability of the child to questions to child. -
remember, communicate, distinguish
between truth and falsehood, and (a) The court may, motu proprio or upon
appreciate the duty to testify truthfully. motion, appoint a facilitator if it
determines that the child is unable to
(f) Continuing duty to assess understand or respond to questions
competence. - The court has the duty of asked. The facilitator may be a child
continuously assessing the competence psychologist, psychiatrist, social worker,
of the child throughout his testimony. guidance counselor, teacher, religious
leader, parent, or relative.
Section 7. Oath or affirmation. -
Before testifying, a child shall take an (b) If the court appoints a facilitator, the
oath or affirmation to tell the truth. respective counsels for the parties shall
pose questions to the child only through
Section 8. Examination of a child the facilitator. The questions shall either
witness. - The examination of a child be in the words used by counsel or, if
witness presented in a hearing or any the child is not likely to understand the

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same, in words that are comprehensible that is separate from waiting areas used
to the child and which convey the by other persons. The waiting area for
meaning intended by counsel. children should be furnished so as to
make a child comfortable.
(c) The facilitator shall take an oath or
affirmation to pose questions to the child Section 13. Courtroom
according to the meaning intended by environment. - To create a more
counsel. comfortable environment for the child,
the court may, in its discretion, direct
Section 11. Support persons. - and supervise the location, movement
and deportment of all persons in the
(a) A child testifying at a judicial courtroom including the parties, their
proceeding or making a deposition shall counsel, child, witnesses, support
have the right to be accompanied by one persons, guardian ad litem, facilitator,
or two persons of his own choosing to and court personnel. The child may be
provide him emotional support. allowed to testify from a place other
than the witness chair. The witness chair
(1) Both support persons shall remain or other place from which the child
within the view of the child during his testifies may be turned to facilitate his
testimony. testimony but the opposing party and
his counsel must have a frontal or profile
(2) One of the support persons may view of the child during the testimony of
accompany the child to the witness the child. The witness chair or other
stand, provided the support person does place from which the child testifies may
not completely obscure the child from also be rearranged to allow the child to
the view of the opposing party, judge, or see the opposing party and his counsel,
hearing officer. if he chooses to look at them, without
turning his body or leaving the witness
(3) The court may allow the support stand. The judge need not wear his
person to hold the hand of the child or judicial robe.
take other appropriate steps to provide
emotional support to the child in the Nothing in this section or any other
course of the proceedings. provision of law, except official in-court
identification provisions, shall be
(4) The court shall instruct the support construed to require a child to look at
persons not to prompt, sway, or the accused.
influence the child during his testimony.
Accommodations for the child under this
(b) If the support person chosen by the section need not be supported by a
child is also a witness, the court may finding of trauma to the child.
disapprove the choice if it is sufficiently
established that the attendance of the Section 14. Testimony during
support person during the testimony of appropriate hours. - The court may
the child would pose a substantial risk of order that the testimony of the child
influencing or affecting the content of should be taken during a time of day
the testimony of the child. when the child is well-rested.

(c) If the support person who is also a Section 15. Recess during

witness is allowed by the court, his testimony. -
testimony shall be presented ahead of
the testimony of the child. The child may be allowed reasonable
periods of relief while undergoing direct,
Section 12. Waiting area for child cross, re-direct, and re-cross
witnesses. - The courts are encouraged examinations as often as necessary
to provide a waiting area for children depending on his developmental level.

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Section 16. Testimonial aids. - The of all persons, including members of the
court shall permit a child to use dolls, press, who do not have a direct interest
anatomically-correct dolls, puppets, in the case. Such an order may be made
drawings, mannequins, or any other to protect the right to privacy of the
appropriate demonstrative device to child or if the court determines on the
assist him in his testimony. record that requiring the child to testify
in open court would cause psychological
Section 17. Emotional security harm to him, hinder the ascertainment
item. - While testifying, a child shall be of truth, or result in his inability to
allowed to have an item of his own effectively communicate due to
choosing such as a blanket, toy, or doll. embarrassment, fear, or timidity. In
making its order, the court shall consider
Section 18. Approaching the the developmental level of the child, the
witness. - The court may prohibit a nature of the crime, the nature of his
counsel from approaching a child if it testimony regarding the crime, his
appears that the child is fearful of or relationship to the accused and to
intimidated by the counsel. persons attending the trial, his desires,
and the interests of his parents or legal
Section 19. Mode of questioning. - guardian. The court may, motu proprio,
The court shall exercise control over the exclude the public from the courtroom if
questioning of children so as to (1) the evidence to be produced during trial
facilitate the ascertainment of the truth, is of such character as to be offensive to
(2) ensure that questions are stated in a decency or public morals. The court may
form appropriate to the developmental also, on motion of the accused, exclude
level of the child, (3) protect children the public from trial, except court
from harassment or undue personnel and the counsel of the parties.
embarrassment, and (4) avoid waste of
time. Section 24. Persons prohibited from
entering and leaving courtroom. -
The court may allow the child witness to The court may order that persons
testify in a narrative form. attending the trial shall not enter or
leave the courtroom during the
Section 20. Leading questions. - The testimony of the child.
court may allow leading questions in all
stages of examination of a child if the Section 25. Live-link television
same will further the interests of justice. testimony in criminal cases where
the child is a victim or a witness. -
Section 21. Objections to
questions. - Objections to questions (a) The prosecutor, counsel or the
should be couched in a manner so as not guardian ad litem may apply for an
to mislead, confuse, frighten, or order that the testimony of the child be
intimidate the child. taken in a room outside the courtroom
and be televised to the courtroom by
Section 22. Corroboration. - live-link television.
Corroboration shall not be required of a
testimony of a child. His testimony, if Before the guardian ad litem applies for
credible by itself, shall be sufficient to an order under this section, he shall
support a finding of fact, conclusion, or consult the prosecutor or counsel and
judgment subject to the standard of shall defer to the judgment of the
proof required in criminal and non- prosecutor or counsel regarding the
criminal cases. necessity of applying for an order. In
case the guardian ad ltiem is convinced
Section 23. Excluding the public. - that the decision of the prosecutor or
When a child testifies, the court may counsel not to apply will cause the child
order the exclusion from the courtroom

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serious emotional trauma, he himself (8) His reaction prior to trial when the
may apply for the order. topic of testifying was discussed with
him by parents or professionals;
The person seeking such an order shall
apply at least five (5) days before the (9) Specific symptoms of stress
trial date, unless the court finds on the exhibited by the child in the days prior
record that the need for such an order to testifying;
was not reasonably foreseeable.
(10) Testimony of expert or lay
(b) The court may motu proprio hear witnesses;
and determine, with notice to the
parties, the need for taking the (11) The custodial situation of the child
testimony of the child through live-link and the attitude of the members of his
television. family regarding the events about which
he will testify; and
(c) The judge may question the child in
chambers, or in some comfortable place (12) Other relevant factors, such as
other than the courtroom, in the court atmosphere and formalities of
presence of the support person, court procedure.
guardian ad litem, prosecutor, and
counsel for the parties. The questions of (f) The court may order that the
the judge shall not be related to the testimony of the child be taken by live-
issues at trial but to the feelings of the link television if there is a substantial
child about testifying in the courtroom. likelihood that the child would suffer
trauma from testifying in the presence of
(d) The judge may exclude any person, the accused, his counsel or the
including the accused, whose presence prosecutor as the case may be. The
or conduct causes fear to the child. trauma must be of a kind which would
impair the completeness or truthfulness
(e) The court shall issue an order of the testimony of the child.
granting or denying the use of live-link
television and stating the reasons (g) If the court orders the taking of
therefor. It shall consider the following testimony by live-link television:
factors:
(1) The child shall testify in a room
(1) The age and level of development of separate from the courtroom in the
the child; presence of the guardian ad litem; one
or both of his support persons; the
(2) His physical and mental health, facilitator and interpreter, if any; a court
including any mental or physical officer appointed by the court; persons
disability; necessary to operate the closed-circuit
television equipment; and other persons
(3) Any physical, emotional, or whose presence are determined by the
psychological injury experienced by him; court to be necessary to the welfare and
well-being of the child;
(4) The nature of the alleged abuse;
(2) The judge, prosecutor, accused, and
(5) Any threats against the child; counsel for the parties shall be in the
courtroom. The testimony of the child
(6) His relationship with the accused or shall be transmitted by live-link
adverse party; television into the courtroom for viewing
and hearing by the judge, prosecutor,
(7) His reaction to any prior encounters counsel for the parties, accused, victim,
with the accused in court or elsewhere; and the public unless excluded.

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(3) If it is necessary for the child to under this section, he shall consult with
identify the accused at trial, the court the prosecutor or counsel subject to the
may allow the child to enter the second and third paragraphs of section
courtroom for the limited purpose of 25(a).
identifying the accused, or the court
may allow the child to identify the (b) If the court finds that the child will
accused by observing the image of the not be able to testify in open court at
latter on a television monitor. trial, it shall issue an order that the
deposition of the child be taken and
(4) The court may set other conditions preserved by videotape.
and limitations on the taking of the
testimony that it finds just and (c) The judge shall preside at the
appropriate, taking into consideration videotaped deposition of a child.
the best interests of the child. Objections to deposition testimony or
evidence, or parts thereof, and the
(h) The testimony of the child shall be grounds for the objection shall be stated
preserved on videotape, digital disc, or and shall be ruled upon at the time of
other similar devices which shall be the taking of the deposition. The other
made part of the court record and shall persons who may be permitted to be
be subject to a protective order as present at the proceeding are:
provided in section 31(b).
(1) The prosecutor;
Section 26. Screens, one-way
mirrors, and other devices to shield (2) The defense counsel;
child from accused. -
(3) The guardian ad litem;
(a) The prosecutor or the guardian ad
litem may apply for an order that the (4) The accused, subject to sub-section
chair of the child or that a screen or (e);
other device be placed in the courtroom
in such a manner that the child cannot (5) Other persons whose presence is
see the accused while testifying. Before determined by the court to be necessary
the guardian ad litem applies for an to the welfare and well-being of the
order under this section, he shall consult child;
with the prosecutor or counsel subject to
the second and third paragraphs of (6) One or both of his support persons,
section 25(a) of this Rule. The court the facilitator and interpreter, if any;
shall issue an order stating the reasons
and describing the approved courtroom (7) The court stenographer; and
arrangement.
(8) Persons necessary to operate the
(b) If the court grants an application to videotape equipment.
shield the child from the accused while
testifying in the courtroom, the (d) The rights of the accused during
courtroom shall be arranged to enable trial, especially the right to counsel and
the accused to view the child. to confront and cross-examine the child,
shall not be violated during the
Section 27. Videotaped deposition. - deposition.

(a) The prosecutor, counsel, or guardian (e) If the order of the court is based on
ad litem may apply for an order that a evidence that the child is unable to
deposition be taken of the testimony of testify in the physical presence of the
the child and that it be recorded and accused, the court may direct the latter
preserved on videotape. Before the to be excluded from the room in which
guardian ad litem applies for an order the deposition is conducted. In case of

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exclusion of the accused, the court shall criminal or non-criminal proceeding
order that the testimony of the child be subject to the following rules:
taken by live-link television in
accordance with section 25 of this Rule. (a) Before such hearsay statement may
If the accused is excluded from the be admitted, its proponent shall make
deposition, it is not necessary that the known to the adverse party the intention
child be able to view an image of the to offer such statement and its
accused. particulars to provide him a fair
opportunity to object. If the child is
(f) The videotaped deposition shall be available, the court shall, upon motion of
preserved and stenographically the adverse party, require the child to
recorded. The videotape and the be present at the presentation of the
stenographic notes shall be transmitted hearsay statement for cross-examination
to the clerk of the court where the case by the adverse party. When the child is
is pending for safekeeping and shall be unavailable, the fact of such
made a part of the record. circumstance must be proved by the
proponent.
(g) The court may set other conditions
on the taking of the deposition that it (b) In ruling on the admissibility of such
finds just and appropriate, taking into hearsay statement, the court shall
consideration the best interests of the consider the time, content and
child, the constitutional rights of the circumstances thereof which provide
accused, and other relevant factors. sufficient indicia of reliability. It shall
consider the following factors:
(h) The videotaped deposition and
stenographic notes shall be subject to a (1) Whether there is a motive to lie;
protective order as provided in section
31(b). (2) The general character of the
declarant child;
(i) If, at the time of trial, the court finds
that the child is unable to testify for a (3) Whether more than one person
reason stated in section 25(f) of this heard the statement;
Rule, or is unavailable for any reason
described in section 4(c), Rule 23 of the (4) Whether the statement was
1997 Rules of Civil Procedure, the court spontaneous;
may admit into evidence the videotaped
deposition of the child in lieu of his (5) The timing of the statement and the
testimony at the trial. The court shall relationship between the declarant child
issue an order stating the reasons and witness;
therefor.
(6) Cross-examination could not show
(j) After the original videotaping but the lack of knowledge of the declarant
before or during trial, any party may file child;
any motion for additional videotaping on
the ground of newly discovered (7) The possibility of faulty recollection
evidence. The court may order an of the declarant child is remote; and
additional videotaped deposition to
receive the newly discovered evidence. (8) The circumstances surrounding the
statement are such that there is no
Section 28. Hearsay exception in reason to suppose the declarant child
child abuse cases. - A statement made misrepresented the involvement of the
by a child describing any act or accused.
attempted act of child abuse, not
otherwise admissible under the hearsay
rule, may be admitted in evidence in any

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(c) The child witness shall be considered (3) the videotape and audiotape
unavailable under the following machine or device was capable of
situations: recording testimony;

(1) Is deceased, suffers from physical (4) the person operating the device was
infirmity, lack of memory, mental illness, competent to operate it;
or will be exposed to severe
psychological injury; or (5) the videotape or audiotape is
authentic and correct; and
(2) Is absent from the hearing and the
proponent of his statement has been (6) it has been duly preserved.
unable to procure his attendance by
process or other reasonable means. The individual conducting the interview
of the child shall be available at trial for
(d) When the child witness is examination by any party. Before the
unavailable, his hearsay testimony shall videotape or audiotape is offered in
be admitted only if corroborated by evidence, all parties shall be afforded an
other admissible evidence. opportunity to view or listen to it and
shall be furnished a copy of a written
Section 29. Admissibility of transcript of the proceedings.
videotaped and audiotaped in-depth
investigative or disclosure The fact that an investigative interview
interviews in child abuse cases. - is not videotaped or audiotaped as
The court may admit videotape and required by this section shall not by
audiotape in-depth investigative or itself constitute a basis to exclude from
disclosure interviews as evidence, under evidence out-of-court statements or
the following conditions: testimony of the child. It may, however,
be considered in determining the
(a) The child witness is unable to testify reliability of the statements of the child
in court on grounds and under conditions describing abuse.
established under section 28 (c).
Section 30. Sexual abuse shield
(b) The interview of the child was rule. -
conducted by duly trained members of a
multidisciplinary team or representatives (a) Inadmissible evidence. - The
of law enforcement or child protective following evidence is not admissible in
services in situations where child abuse any criminal proceeding involving
is suspected so as to determine whether alleged child sexual abuse:
child abuse occurred.
(1) Evidence offered to prove that the
(c) The party offering the videotape or alleged victim engaged in other sexual
audiotape must prove that: behavior; and

(1) the videotape or audiotape discloses (2) Evidence offered to prove the sexual
the identity of all individuals present and predisposition of the alleged victim.
at all times includes their images and
voices; (b) Exception. - Evidence of specific
instances of sexual behavior by the
(2) the statement was not made in alleged victim to prove that a person
response to questioning calculated to other than the accused was the source
lead the child to make a particular of semen, injury, or other physical
statement or is clearly shown to be the evidence shall be admissible.
statement of the child and not the
product of improper suggestion; A party intending to offer such evidence
must:

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(1) File a written motion at least fifteen (1) Tapes may be viewed only by
(15) days before trial, specifically parties, their counsel, their expert
describing the evidence and stating the witness, and the guardian ad litem.
purpose for which it is offered, unless
the court, for good cause, requires a (2) No tape, or any portion thereof, shall
different time for filing or permits filing be divulged by any person mentioned in
during trial; and sub-section (a) to any other person,
except as necessary for the trial.
(2) Serve the motion on all parties and
the guardian ad litem at least three (3) (3) No person shall be granted access to
days before the hearing of the motion. the tape, its transcription or any part
thereof unless he signs a written
Before admitting such evidence, the affirmation that he has received and
court must conduct a hearing in read a copy of the protective order; that
chambers and afford the child, his he submits to the jurisdiction of the
guardian ad litem, the parties, and their court with respect to the protective
counsel a right to attend and be heard. order; and that in case of violation
The motion and the record of the thereof, he will be subject to the
hearing must be sealed and remain contempt power of the court.
under seal and protected by a protective
order set forth in section 31(b). The (4) Each of the tape cassettes and
child shall not be required to testify at transcripts thereof made available to the
the hearing in chambers except with his parties, their counsel, and respective
consent. agents shall bear the following
cautionary notice:
Section 31. Protection of privacy
and safety. - "This object or document and the
contents thereof are subject to a
(a) Confidentiality of records. - Any protective order issued by the court in
record regarding a child shall be (case title) , (case number) . They shall
confidential and kept under seal. Except not be examined, inspected, read,
upon written request and order of the viewed, or copied by any person, or
court, a record shall only be released to disclosed to any person, except as
the following: provided in the protective order. No
additional copies of the tape or any of its
(1) Members of the court staff for portion shall be made, given, sold, or
administrative use; shown to any person without prior court
order. Any person violating such
(2) The prosecuting attorney; protective order is subject to the
contempt power of the court and other
(3) Defense counsel; penalties prescribed by law."

(4) The guardian ad litem; (5) No tape shall be given, loaned, sold,
or shown to any person except as
(5) Agents of investigating law ordered by the court.
enforcement agencies; and
(6) Within thirty (30) days from receipt,
(6) Other persons as determined by the all copies of the tape and any transcripts
court. thereof shall be returned to the clerk of
court for safekeeping unless the period
(b) Protective order. - Any videotape or is extended by the court on motion of a
audiotape of a child that is part of the party.
court record shall be under a protective
order that provides as follows:

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(7) This protective order shall remain in Where a youthful offender has been
full force and effect until further order of charged and the court acquits him, or
the court. dismisses the case or commits him to an
institution and subsequently releases
(c) Additional protective orders. - The him pursuant to Chapter 3 of P. D. No.
court may, motu proprio or on motion of 603, all the records of his case shall also
any party, the child, his parents, legal be considered as privileged and may not
guardian, or the guardian ad litem, issue be disclosed directly or indirectly to
additional orders to protect the privacy anyone except to determine if a
of the child. defendant may have his sentence
suspended under Article 192 of P. D. No.
(d) Publication of identity contemptuous. 603 or if he may be granted probation
- Whoever publishes or causes to be under the provisions of P. D. No. 968 or
published in any format the name, to enforce his civil liability, if said liability
address, telephone number, school, or has been imposed in the criminal action.
other identifying information of a child The youthful offender concerned shall
who is or is alleged to be a victim or not be held under any provision of law to
accused of a crime or a witness thereof, be guilty of perjury or of concealment or
or an immediate family of the child shall misrepresentation by reason of his
be liable to the contempt power of the failure to acknowledge the case or recite
court. any fact related thereto in response to
any inquiry made to him for any
(e) Physical safety of child; exclusion of purpose.
evidence. - A child has a right at any
court proceeding not to testify regarding "Records" within the meaning of this
personal identifying information, sub-section shall include those which
including his name, address, telephone may be in the files of the National
number, school, and other information Bureau of Investigation and with any
that could endanger his physical safety police department or government
or his family. The court may, however, agency which may have been involved in
require the child to testify regarding the case. (Art. 200, P. D. No. 603)
personal identifying information in the
interest of justice. Section 32. Applicability of ordinary
rules. - The provisions of the Rules of
(f) Destruction of videotapes and Court on deposition, conditional
audiotapes. - Any videotape or examination of witnesses, and evidence
audiotape of a child produced under the shall be applied in a suppletory
provisions of this Rule or otherwise character.
made part of the court record shall be
destroyed after five (5) years have Section 33. Effectivity. - This Rule
elapsed from the date of entry of shall take effect on December 15, 2000
judgment. following its publication in two (2)
newspapers of general circulation.
(g) Records of youthful offender. -
Where a youthful offender has been
charged before any city or provincial
prosecutor or before any municipal
judge and the charges have been
ordered dropped, all the records of the
case shall be considered as privileged
and may not be disclosed directly or
indirectly to anyone for any purpose
whatsoever.

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