CHILD WITNESS - "In the new Child Witness Rule, every child is presumed qualified to be a witness. To rebut this presumption, the burden of proof lies on the party challenging the child's competence. Only when substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court will the court, motu proprio or on motion of a party, conduct a competency examination of a child."

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants. G.R. No. 131805, September 7, 2001.


"The oft repeated rule is that the trial court's evaluation of the testimony of a witness is accorded the highest respect because of its direct opportunity to observe the witnesses on the stand and to determine if they are telling the truth or not.22 This opportunity enables the trial judge to detect better that thin line between fact and prevarication that will determine the guilt or innocence of the accused. That line may not be discernible from a mere reading of the impersonal record by the reviewing court.23 Thus, the trial judge's evaluation of the competence and credibility of a witness will not be disturbed on review, unless it is clear from the records that his judgment is erroneous.24

X x x.

We give full faith and credit to her testimony. She was young and unschooled, but her narration of the incident was honest and sincere. It cannot be suspected as a concocted story, impressed upon her by other people.

We should not take Macuibelle's testimony lightly simply because she was a mere child when she witnessed the incident and when she gave her testimony in court. There is no showing that her mental maturity rendered her incapable of testifying and of relating the incident truthfully. Indeed, the time when we degrade a child witness testimony is now passé. In the new Child Witness Rule,26 every child is presumed qualified to be a witness. To rebut this presumption, the burden of proof lies on the party challenging the child's competence. Only when substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court will the court, motu proprio or on motion of a party, conduct a competency examination of a child.27

Nonetheless, the appellants impugn the testimony of Macuibelle on the ground that she did not immediately tag them as the culprits when the investigating officer arrived at the scene. They also contend that it was improbable for the eyewitness to see the assailants of the victim because they would have put off the lamp she was carrying to avoid recognition.

We are not convinced. The alleged delay in identifying the appellants is more apparent than real. It is clear from the records that the appellants were identified by Macuibelle as the persons responsible for the death of the victim. She failed to mention their names when the police first arrived at the scene, but a few hours later, she told the police that the appellants were the assailants. In fact, the appellants were immediately arrested shortly after the discovery of the crime.28

Failure to immediately reveal the identity of the perpetrator of a felony will not necessarily impair the credibility of a witness.29 Even adult witnesses sometimes would not reveal at once the killers of their loved ones for one reason or another.30 Fear of the criminal is one such reason.31

We stress that the identity of the appellants was well established. Macuibelle positively identified them. The victim was then at the main door of their house when the appellants forcibly dragged her. She saw them from a distance of about six (6) meters. The lamp held by the victim provided the light that gave Macuibelle the chance to recognize the appellants.32 She was also familiar with them because they were neighbors. The possibility that she was mistaken as to their identity is nil.

We note, too, that appellant Abelinde claimed that his father and the victim were relatives. If that were true, then it is more unlikely for Macuibelle and her siblings to impute a grievous offense against him unless they are certain as to his involvement in the crime. Even appellant Hermosa could not think of any reason why Macuibelle pointed to him as one of the perpetrators of the crime.33 Her lack of ill motive bolsters her credibility.

The appellants also discredit Macuibelle because she went back to sleep after witnessing the stabbing of her mother. For the appellants, such behavior meant she did not witness the incident.

Again, we disagree. Macuibelle was only eight (8) years old when she witnessed the shocking incident. Despite her plea, no one came to help them when the appellants attacked the victim and dragged her from their house. She was helpless and afraid. She knew her brother Zaldy and sister Marither were not around to protect her. After the traumatic incident, it is difficult to fault her when he chose to go back to sleep and wait for her siblings to arrive the next day. Her behavior is not irrational.34

The appellants further insist that Macuibelle is not a credible witness because, contrary to her claim that the victim was stabbed on the chest, the medical report of Dr. Ching showed that the wounds of the victim were mostly located on the neck. Moreover, appellants suggest that the stabbing incident must have transpired first before the victim shouted for help, thus, when Macuibelle woke up later, she did not really see what happened to the victim.

The argument does not impress. The exact location of the victim's wounds does not destroy Macuibelle's testimony that appellant Hermosa was the one who stabbed the victim and, with Abelinde's help, dragged her to the nearby creek where they finally finished her off. The misdescription of where appellant Hermosa stabbed the victim does not mean the witness perjured herself. The violent incident happened fast. Macuibelle just woke up and witnessed the bloody assault. It was a traumatic experience for the eight-year old girl. She cannot be expected to have a perfect memory of an event she may even want to forget.”