SC amends e-rules for child witnesses; allows video conference, recorded interviews

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The Supreme Court (SC) has approved the use of videoconferencing and other means of technology to protect children if they need to recount traumatic experiences.

In a news release on Wednesday, the SC approved the Revised Rule on the Examination of Child Witnesses (RRECW), which updated how children are questioned in court.

“Key changes include the use of videoconferencing, recorded depositions, recorded interviews, and technological tools to help children explain what happened. These technological tools are in addition to existing testimonial aids such as dolls, drawings, and puppets,” the SC said in a statement.

“Courts may allow children to testify via videoconferencing from outside the courtroom if testifying in person is likely to cause them trauma,” the high court added.

Apart from this, the court may also limit who the child can see and hear, including the accused. However, the accused’s right to confront the witness remains preserved.

Should the child need to identify the accused, the accused may briefly turn on the camera. The child may identify the accused from an image displayed on a screen.

“If a child cannot testify at trial or via videoconferencing due to a disability, health concerns, or other reasons, the child’s testimony may be taken through an electronically recorded deposition in the presence of the judge and lawyers for both sides. The recording may be used in place of the child’s in-court testimony,” the SC said.

Children also cannot be forced to appear and court and must not be present if sexually explicit materials are shown. Records about children are confidential, and anyone found posting them may be held in contempt by the court.

The RRECW also encourages and allows a recorded interview with the child, which will be conducted by a team of professionals.

The recording or the transcript may be presented as evidence, as long as the interviewer asked neutral, open-ended, age-appropriate, and trauma-informed questions without suggesting answers.

The new set of rules applies to children who are victims of crimes, children in conflict with the law, and child witnesses in all cases. —Jean Mangaluz/RF, GMA News