Forensic New Partners for Social Concerns, Inc to

conduct specialized training in Forensic Social

Historical Background Worker in Manila, Baguio City and Pangasinan
The involvement of professional social workers with attended by DSWD Technical Staff, LGU and
courts started in the late 50’s when the Chief of the NGO social workers.
Office of Child Welfare, Social Welfare Administration • The learning’s from these seminars, book
(SWA) Atty. Getrudes R. Cabangon appointed six(6) review, actual court experience and case
social workers. conferences. The author decided to develop a
tool kit for social workers in Forensic Social
First professional social workers who implemented Work with Atty. Jamiasproviding consultancy in
forensic social work the development of the Course Content
—Angela Ma. Pangan
—Corazon Ortega-Espiritu What is FORENSIC?
—Zenaida Fajardo-Borromeo
—Lourdes Nacu  “Application of scientific knowledge to legal
—Gloria Galura matters” or “adjudicatory proceedings” (Webster
—Juliet Villasor dictionary)
 Forensic social work means anything that a
• In year 60’s professional social worker does in the field of
The first Juvenile and Domestic Relations Court (JDRC) criminal or civil law issues, either for the
was set up in Manila and eleven (11) more were created plaintiff or dependant of the case. This includes
in Chartered Cities. Although these were special courts, involvement of social workers in: adoption,
handling Juveniles and family disputes, it never had a legal guardianship, child custody, parental
social services and counseling division which was neglect, termination of parental rights, nullity
pioneered only by justice Corazon Juliano-Agrava in and annulment of marriage, violence against
JDRC, Manila. Later, the other JDRC also organized the right of women and their children, diversion and
same division and among the first social workers who rehabilitations of children in conflict with the
worked in these courts were: Mrs. Hilaria Uy, Luahati law (CICL) child sexual abuse and exploitation,
Pablo, Aida Badivas, Imelda-Capili, Ofelia Miranda and child trafficking, physical maltreatment and
Evelyn Pinon. other forms of abuses on women and children.

• The JDRC as a special court was abolished by What is FORENSIC Social Work?
the Supreme Court in August 1983 and the Forensic social work is practiced in a secondary setting
litigation of youthful offenders, domestic like courts, medical social work, industrial social work,
relations and other cases of children was school social work and in business respectively.
transferred to the Regional Trial Courts (RTC)
until the passage of R.A 8369 or the Family What is the role of a Social Worker in a court
Courts in 1997. There were 79 Family Courts setting?
that were designated by the Supreme Courts and • Social workers are called by the court as expert
all of these courts has social workers to handle witnesses either for the defendant or plaintiff.
the case management of cases of nullity, This is either thru direct testimony or
annulment of marriage, guardianship and later, submission of a social case study report which
relative adoption upon agreement with the contains the professional opinion of the social
DSWD in July 2004. worker based on his/her evaluation or social
• Cognizant of the need of Filipino Social assessment of the circumstances why the case is
Workers to be trained in Forensic Social Work brought to court.
due to increasing number of child victims of • This may also include a report on mediation or
sexual abuse and exploitation, child trafficking, conflict resolution conducted with both parties
CICL Annulment and Adoption cases. Atty. under litigation, submission of reports of home
Eugenia G. Jamias who is also a professional visits conducted in cases of child abuse and
social worker took a special course in forensic neglect, diversion or behavior modification of
social work at the University of Chicago, USA CICL on suspended sentence either with
in 2004. Upon her return, she convinced this families or in training/ rehabilitation center and
author who as then Executive Director of the in licensed foster homes.
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What are the functions of Forensic Social Work? • The Hague Convention on Protection of
1. Provide expert testimony in courts of law, provide Children (Adoption, Foster Home)
information regarding the human needs of individuals, • Philippine Constitution –all statements that
families, groups and community. provides of the protection and rights of children,
2. Systematically evaluate individuals so that the results women and families
can be presented in court or legal authorities. • Presidential Decree 603 or the Child and Youth
3. Investigate cases where criminal conduct has possibly Welfare Code including succeeding amendments
occurred and present the results to judges or to other law –this law provides for the full protection, rights
authorities. For example, the social worker can testify and development of children, right of parents,
home visits to a family where chidhas been abused or responsibilities of children, penal provisions on
under supervision when on suspended sentence either the abuse, neglect and abandonment of children.
while on custody probation or diversion with families, • Family Code of the Philippines
foster homes or in care at a rehabilitation center. • Republic Act 8369. An act establishing family
4. Recommend to courts of law or other legal authorities courts granting them exclusive jurisdiction over
away to resolves an action or rehabilitate those found child and family cases.
guilty or crimes or negligence in a court action. • Republic Act 7610 (Special Protection of
5. Facilitate court ordered sentences or primarily monitor Children Against Child Abuse, Exploitation and
the person and progress to the court. Discrimination)
6. Mediate between individuals and groups who are • Domestic Adoption Law of 1998
involved in disputes or conflicts that might otherwise • Child Labor Laws (R.A. 7658; R.A. 9231)
require extensive court room intervention so as to avoid • Juvenile Justice Welfare Law (RA 9344 as
the adversarial nature of legal proceedings. amended.
7. Testify about the professional standards of social • RA 9523 Granting Authority to DSWD to
work to facilitate cases of possible misconduct or Declare a Child legally available for adoption
malpractice. • Child Trafficking laws (R.A. 10364; R.A. 9208)
8. Educate colleagues (social workers) about the • Other Child and Family Welfare laws
influence of law on their profession, and
9. Facilitate the development or professional/licensing Who are qualified to practice Forensic social work in
regulation or social worker. courts of law?
Why is there a need for a social worker to have • Any professional social worker with a valid
specialized training in Forensic social work? PRC license is qualified to practice Forensic
Training in Forensic Social Work is most important Social Work in Courts.
because the social workers must be prepared legally and • He/She must be permanently employed in a
emotionally for the adversarial nature of the legal social welfare agency either with government or
proceedings and the danger of being put to test in the private.
process of cross examination by the other lawyer, the • Have experience in handling court-related cases,
judge, or the solicit or general representatives in cases of is familiar with child and family welfare laws,
adoption, custody of children and annulment of have experienced working with mental
marriage. discipline experts (clinical psychologists and
child psychiatrists, family therapists)and has
Without this preparation, it may be a traumatizing, under gone basic training in forensic social
frustrating and upsetting experience for the social work.
worker. He/she may be also cited for contempt by the • It does not require any grade level position
judge when he/she fails to recognize the rituals of the classification in the agency. He/She does not
tribunal. need to be certified by the court or the
Department of Justice to be come an expert
What Laws, International Covenants, Declaration witness in court but his/her professional
and Executive Orders, Rules that a Social Worker competence as social worker based on his/her
should familiarize to become effective in the practice knowledge training and experience should be
of forensic social work? recognized.
• The UN Convention of the Rights of the Child. • The court may request the social worker to
• Universal Declaration of Human Rights submit his/her curriculum vitae as proof of such
• CEDAW -Convention on the Elimination of All competence. As in the regular practice of the
Forms of Discrimination Against Women profession, the social worker, needs to uphold

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 the social work’s fundamental values, and basic
principles of respecting the individuals worth What are the rules in testifying in the court/tribunal?
and dignity, uniqueness and capacity to change, • Dress properly and be on time. NO jeans pants,
utilizes the individuals supportive environment t-shirts, plunging neckline and mini skirts.
to enable him/her to achieve the desired change. • Read the oath in a firm and clear voice
• Give our name, where employed, job title and
Social work consultants need not be employed but may qualification
be selected by the court based on expertise and • Address the judge as “your honor”
experience. The Consultant may be asked to submit a • In the witness box, speak clearly and
curriculum vitae. confidently, facing the bench and the judge.
• Remember that the evidence you will present
Element of Curriculum Vitae will be important, may be critical
• Your name • It is normal to feel nervous when testifying in
• Your professional title court but this can be minimized, even avoided, if
• Training and education one has prepared for giving his/her testimony.
• Degrees and professional Licenses Do not be afraid to admit the limits of
• Work experience knowledge. A witness will be more relaxed if
• Prior court experiences (nature of cases/issue he/she listens carefully to each question before
handled) answering, and limit their answer to what is
• Work experience under a recognized requested. Under no circumstances advocate or
expert/supervisor lecture to anybody in the court.
• Membership in professional organization • You will need to seek the court’s permission to
recognized by PRC and agency refer to your notes which other represen- tatives
• Publications (articles, books, manuals written, are also entitled to see.
etc) • Respond with direct answer and avoid speaking
• Ongoing supervision and case consultations with in professional jargon. Be sincere and try to
consultants (social workers, lawyers, mental answer to remain unfazed.
health disciplines) • If called as an expert witness, an expert opinion,
• Professional development and continuing restricted to one’s areas of expertise, social
professional education (CPE) course taken. work, avoid exaggeration or dramatize you
• Your field / area of expertise testimony, as well as false testimony. Be
yourself.
What are the important preparations of the social • An expert witness would rarely object to a
worker prior to the court/judicial hearing? question of the judge. If an answer results in an
1. Meet with your legal representative for him/her to incorrect impression of the judge, then simply
update you on the status of legal proceedings and what say so and seek permission of the judge to
testimony you are expected to provide. Rehearsing clarify a point. If a mistake has been made, point
questions and possible answers in your testimony is not it out and correct it without being nervous or
necessary as it may result to some discrepancies in your emotional.
responses in case the lawyer of the other party will ask • Try not to worry about the cross-examination by
different questions. Your thorough knowledge about the legal counsel. An expert witness is a
case and professional competence will be adequate professional, and should give evidence as such.
enough for you to respond to issues/ questions by the Let the court and lawyer handle the legal
judge and opposing lawyer. matters.
2. Review your credentials so that you may intelligently • Finally, be polite Experts are expected to present
discuss your professional qualifications if necessary. their points of view and to answer questions, not
3. Be sure that you understand the purpose of having to argue.
been called by the court so you have at least a general
idea of the scope of your testimony. How will the social worker prepare a child in court
4. If told you are going to testify concerning records at appearances?
stated in the content of the subpoena you received, make 1. Remember the child may feel pressured/and anxious
sure that you are thoroughly familiar with them. during the courthearing, particularly in cases of sexual
5. Re-read / review your report and other people’s abuse and exploitation where he/she will meet the
statement on the case in point. suspect abuser more so in cases of father daughter incest.

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The same is true in cases of the CICL where the child 2. The Social Work should only appear in court as
will meet face to face with alleged victim/s. witness and submit a social case study report when a
2. The child must be met by his/her lawyer as subpoena is issued by the judge.
preparation for what possible questions that the opposing 3. Prepare and submit a social study report which
lawyer, prosecutor and the judge may ask during cross- contains only the relevant information as forensic by the
examination. court. It should focus on:
 Impact of the abuse experience, neglect and
Rehearsing the child on possible questions and answers abandonment on the life and normal
is not recommended because the child may be rattled, developmental of the child
confused and traumatized when different questions are  Social assessment of the child’s coping skills
asked during the cross-examination and were not and functioning including patterns of behavior
included of what was rehearsed previously. Just tell the observed.
child to inform of what really happened, how he/she  Quality of child’s interaction with his/her social
feels about it and what he/she wants to make him her environment, and how he/she deals the situation
happy and protected. affecting his/her life.
 Assessment of the child’s social support
3. A visit to the court room days before the hearing may system/network (family members, peers, friends
be made including familiarization with audio-visual and others)
equipment that will be used during the cross-  Assessment of the child’s quality of relationship,
examination or other information that the judge may ask nurturing received from his/her primary
of him/her. caregivers and attitudes upon disclosure of
4. The child should feel comforted and supported during abuse, neglect or arrest by police authorities.
the time of hearing by you and his/her parent or other  Quality of family intra-personal relationship,
caregiver. This will help normalize the child’s feeling of patterns of behavior, communication patterns,
fear and anxiety and helped cope with this stressful modes of disciplining children, attitudes towards
situation. the child and other children. Note: Please refer
5. In a case of sexual abuse and exploitation, reassure to social assessment guide for details.
and comfort the child that what happened was not 4. NOT to use the term “rape” in the social case study
his/her fault. It is the alleged/suspect abuser who should report or during oral manifestation. Rape is a criminal
be sanctioned or punished for what happened because he offense that has yet to be proven in court. Only the
violated the law and his/her innocence/ personhood. lawyer and the judge can use this legal term. This is not
6. Help the child understand that court hearings can be within the jurisdiction of the social worker, he/she is a
intimidating and adversarial and the opposing lawyer lawyer herself appointed as expert witness in court.
may blame or put him/her down to win the case. Instead, say alleged sexual abuse or molestation or
Encourage him/her to be strong and not be afraid or sexual assault.
intimidated. 5. Refrain from calling accused or dependant party as
7. Lastly, and more important, together with the lawyer perpetrator or rapist. Just use the term “suspect” of the
representative, review the provision, of the Supreme abuse or “alleged” abuser or perpetrator.
Court’s ruling on the child witness in court and invoke 6. Discernment in the case of the CICL is an assessment
these when necessary to be able to comfort and assure whether the accused child is aware of the
his/her best interest welfare and protection during implications/consequences of his/her behavior at the
litigation processes. time of arrest and subsequent referral to the social
worker. The age of the child is not the main
CONTENT FOR A FORENSIC CASE STUDY consideration for discernment although when an
REPORT adolescent reaches age between 13-18, he/she is more or
(refer to page 34-35 of your manual) less already capable in making moral judgment and
awareness of what is right or wrong, but necessary on
Other Areas that the Social Worker must Consider the negative or legal implication, consequences of his
when Working Judicial/Court System her behavior. This information should be incorporated in
1. Have a valid PRC Social Work License when the social case study report.
appearing as a witness in court or when submitting a 7. The social worker need not expect to be called for oral
social case study report as documentary evidence in testimony during court hearings. This may not be needed
judicial proceedings. (please refer to the content of the if the judge finds that the social case study report
Curriculum Vitae) submitted is sufficient enough as evidence during the

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judicial hearings. Oral testimony may only be necessary labelled as the “bad one” in the family? How
when the lawyer of the defendant upon motion to the does the child fit-in any of these?
judge would need further clarification on the content of • Are there problems in the family that have
the social case study report. diminished the child’s self-esteem and ability to
8. Accepting the decision of the Judge. He/she make the function well?
final decision/judgment on the case. He/she is the • Are there hidden or denied dysfunctions such as
“King/Queen” in court. If the decision runs counter to alcohol, substance abuse, criminal records? Who
the expectation of the child/family, child’s legal counsel are these?
can always file an appeal to the higher court (court of • Is there conflict in the family? If so, is the
appeal to the higher court (court of appeals)) within 15 conflict resolved or not yet?
days only after the decision is made. • How are the children disciplined or
punished/sanctioned when they have done
Guide for Social Workers in Conducting a Social something wrong? Did this child experience any
Assessment for Children whose Cases are Brought to of these?
Court • What is the extend of physical or emotional
neglect of abuse? What and who is involved?
THE CHILD • How is the marital dad like? Do the parents or
• What are the child’s current symptoms and other carers operate well together?
behavioral manifestations? • What is the child’s relationship to the extended
• What is the child’s ego strength / resiliency? family members and how significant a role do
• What are the child’s internal strengths and they play in the child’s life?
resources which can be used to improve his/her
situation? What are the information to be gathered by the social
• What is the child’s temperament (moody, work to obtain the history of abuse?
isolate, easily hurts others, quarrelsome, restless • When did the abuse begin and how long did it
etc.) last?
• Is the child generally able to seek out or elicit • What is alleged to have happened?
positive response from others? • Is the abuse ongoing?
• Is the child able to accept and internalize • What is the child’s perception of the abuse?
positive feedback and sustenance from others? • How was the abuse discovered and what
• What is the child’s sense of self? happened the; the particularly as far as the child
• What was it like prior to the abuse experience a is concerned?
placed detention? • What were the child’s post-trauma stress
• What is the child’s quality of relationship with reactions after the abuse
peers, teachers, and significant other inside or • What are the symptoms observed in terms of
outside the home? child’s manifestation? (sexualized behavior,
feeling of being “bad”, withdrawn, suicide
THE CHILD’S FAMILY ideation, psycho-somatic syndrome etc.)
• What is the child’s experience in their family or
other central careers (grandparents, kin’s, house Child’s Relationship with the Alleged Abuser (sexual
parents, etc.) abuse and exploitation)
• Who is more responsive and caring to the child? • What was the child’s relationship which alleged
• Who is antagonistic or hostile to the child? abuser?
• Is the family generally functional or • How long did the child hold the secret about the
dysfunctional? abuse?
• What are the unspoken rules and communication • What did the child believe would happen if the
process in the family? Are the issues and abuse is discovered or disclosed?
concerns openly addressed and talked about? If • What was told to the child, if anything, by the
so, is the child appropriately involved? alleged perpetrator about what would happen if
• How are feelings perceived and expressed? Is the child disclosed the abuse? Were there
the family able to tolerate or encourage the implicit threats made on the child?
child’s expression of feeling/emotions? • When and how long did the disclosure of the
• Are there family secrets, loyalties and alliances? abuse come about?
Is there a family scapegoat or a person who is

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 • If the abuse was discovered of the abuse come 2.1. Adequate–appropriate/acceptable behavior/values.
about? Can perform task expected, no negative patterns of
• If the disclosed the abuse, whom did the child behavior; does not hurt herself/himself and other
tell? persons.
• If the abuse was discovered by somebody, by *Acceptable behavior–according to norms of society.
who and how did it came about and what were *Appropriate behavior–as one behaves according to
the reactions? his/her role in life and expected by others.
• Was the child initially believed or did the child
have to tell the same person more than once? 2.2. Marginal –some adequate or acceptable; some are
• Did the child have to tell more than one person not but able to function and carry out (functions with
before being responded to or believed? adequate support system)
• What were the repercussions of the disclosure?
Was the child dealt with in a positive or punitive 2.3.Dysfunctional–cannot perform task expected of
fashion? them, chaotic personality: hurts himself and others
• What was taken place since the disclosure? (suicide, drugs, prostitution, etc.) Has negative patterns
of behavior(paulit-ulit);not acceptable behavior
Information about the Offended party or Victim and according to norms of family and community.
Discernment: (CICL)
 Who is the alleged offended party or victim/s Disruption of Patterns of Behavior Demonstrated in
which caused the arrest of the child by the law Coping Behavior during Crises
enforcement officer?  Behavior can be pro-social (with internal
 How is the child’s relationship with the offended strength)
party or a victim?  Deviant or high rick behavior: a possible
 Are there other persons involved in the dysfunction.
commission of the offense? Who?
 What particular offense/s or socially Potential for Change
unacceptable behaviors which prompted the  Does he/she have anxiety about his/her behavior
arrest of the child?  Willingness to change (have they done anything
 How many times did the offense/s committed? to change the situation)
 What were the parent’s reaction regarding the
arrest of this child? Three (3) Areas Necessary for Change to Occur
 What are their perceptions? Why the offense 1. Awareness that the behavior is harmful to
was committed? his/her functioning
 What was the reaction and reasons of the child 2. Willingness to change or do something about
about the arrest? behavior or situation.
 Was the child aware that what he/she did was 3. Availability of Social Support Network
against the law and there are legal implications
for such behavior? WHAT THE SOCIAL WORKER’S KNOW ABOUT
 If the child was not aware of the legal THE COURT PROCESS:
implications, what was his/her perception or
belief? Why the offence happened? COURT PROCESS:
Parties in the Court Process:
 What happened to the child after the arrest and
The trial is an adversarial process involving two parties
what are the feelings of the child about this?
who have differing appreciation of the facts and matter
in question. These parties are the complainant (the party
How will the Social Worker assess the level of
has been offended) who is called the plaintiff and the
functioning of the child?
person against the complaint is made called the
defendant or respondent.
Components in Making an Assessment (Diagnosis) in
In criminal cases the complainant or plaintiff is the state,
Social Work (How to Assess)
so in the Philippines, in criminal cases the plaintiff is the
1. Statement of the level of functioning and
People of the Philippines, and the accused is the
vulnerability. An individual may be adequately
defendant e.g. People of the Philippines v. Jalosjos. In
functioning but vulnerable particularly when
civil cases the plaintiff or petitioner is the person filling
they don’t have a support system.
2. Level of Functioning of an individual:
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the complaint against the defendant or respondent, e.g. she or her saw, hear, smelled or touched.
Cruz v.Cruz (Kirst-Ashman)Lay witnesses are not
usually allowed to give opinions, unless
Allegation: asked by the judge and the opposing
An allegation is the assertion of one side in a lawsuit counsel does not object.
setting out what that party expects to prove at the trial b. An expert witness on the other hand, is
(Kirst-Ashman). rendered “qualified” by the judge to
give opinions in a particular area of
Stipulation: expertise. Expert witnesses typically
Attorneys representing both parties can agree to have advanced degrees, training,
stipulate to any mater pertaining to the proceedings or credentials, continuing education,
trials. By so doing they are, in effect, agreeing on the practice experience, and the like, cited
point of information or fact (Kirst-Ashman). in court to document their expert status.
The status of expert is conferred only for
EVIDENCE: the length of any one particular trial. In
Cases are tried or adjudicated on the basis of the other words, it is possible for a social
evidence presented by the parties in support of their worker with a particular background to
claims. Evidence pertains to the proofs submitted during be judged an expert by one judge and
the trial to the court in support of the claims. not by another. The expert status is not
These proofs may take any or all of these forms: transferable from one court to another.
1. Real evidence: consists of tangible object such (Kirst-Ashman)
as weapons or photographs.
2. Documentary evidence: pertains to certified GUARDIAN and LITEM:
documents usually identified and authenticated All children and any adult who is adjudicated not to ne
by proper authorities. legally competent (or is in court for this to be
3. Testimony: refers to the actual interviewing of a determined) may have a guardian and litem appointed
witness by the attorney representing the plaintiff to represent that person’s best interest. It should be noted
or defendant. that best interest are to be determined by the guardian
4. Hearsay evidence: refers to testimony about a and litem, and not by what the client might identify as
statement outside the courtroom and therefore is his or her preferences. (Kirst-Ashman)
not admissible. (Kirst-Ashman)
5. Quality of evidence: to be admissible, usually The SOCIAL WORKERS:
all forms of evidence must have three qualities. GUIDE in the Preparation of a Social Case Study
First, the source must be competent, that is Reports as Documentary Evidence in Court
qualified to make the observation...Second,
information must be relevant, meaning that it Advantage of a Written Testimony/Submission of a
must bear on the proceeding at hand. Finally, Social Case Study Report
information, must be material and thus have  It is more focused than “via voce” or oral
important consequences for the case (Kirst- evidence.
Ashman)  Prevents on the spot cross-examination by judge
6. Quality of evidence: to be admissible, usually and opposing lawyer
all forms of evidence must have three qualities.  Social Workers may feel more comfortable with
First, the source must be competent, that is the narrative report she/he has prepared in
qualified to make the observation...Second, conduct to oral evidence.
information must be relevant, meaning that it  Written evidence can be used to collaborate and
must bear on the proceeding at hand. Finally, strengthen oral testimony.
information, must be material and thus have
important consequences for the case (Kirst- Types of Documentary Evidence
Ashman) (refer to page 31-34 of your manual)
7. WITNESS: *additional
a. Courts of law define two distinct types Abandoned Child
of witness, namely (that is factual and • Circumstances of abandonment/neglect
expert). The term lay witness refers to • Qualities of nurturing by
one who is limited in testimony to what family/guardian/bonding and attachment

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 • History of Child Psychological development Justice League or any volunteer
• Medical History legal officers.
• History of maladjustments if any  Possibility of prolonged litigation/judicial
• Readiness of the child to be adopted process
• Others  Stresses on whether to win or lose the case.
Custody Cases Never assure the child/parents that the case will
• Agency is seeking legal custody of the child be won.
because parents are unable to care for the child.  Ensure the safety and security of the child of the
She/he is left abandoned, neglect and abused suspect abuser or is not detained or at large.
most of the time without parental support who  Similarly the child should be protected from the
are on drugs or no means to support the case and offended party, relatives or victim in case of the
nurture of the child. CICL.
• The child declines to go back to the family home  If the case is already filed in court, help the child
because of frequent physical and sexual abuse apply for financial assistance amounting to
by family members. Php10,000.00 under the victimization and
compensation law to be filed at the City or
Pointers in How to Help the Child and Parents before Provincial Prosecutors Office. This can be
filling the case in Court applied by the sexually and exploited child or
 Never push a child/parent go to court except when a CICL is illegally detained in court.
when they want to seek justice for what
happened. TEN RULES OF TESTIFYING
 If the child/parent are not pursuing a case in 1. TELL THE TRUTH THE WHOLE TRUTH,
court, work out for a conflict resolution and AND NOTHING BUT THE TRUTH
mediate to settle the case amicably. However - Honesty is the most basic rule of giving
this should only be considered when there is no evidence as well as a legal commitment you
apparent danger for further revictimization or make by giving an oath.
abuse/exploitation of the child. - If you do not know the answer to a question,
 If in the assessment of the social worker there is say so. If you do not remember the
a need to file a case in court because of possible information requested, say so. Do not say “I
revictimization of other children within the don’t know” or “I don’t remember” just to
home or elsewhere; seek to help of the Barangay avoid a difficult or embarrassing question.
Chairman and together, file the case in court. - Be forthright about evidence that goes
This is necessary for the protection of the child against your preferred case. Do not feel
particularly when parent resists the filing of a obliged to rationalize damaging facts or to
court case such as in cases of incest situation. show reluctance to concede a point in favour
 In this particular case, the social worker, the of opposing counsel. A short answer may be
Barangay Official and the police who responded better than a long explanation because it will
to the case will have the burden of proof abuse downplay the importance attributed to the
of the abuse incident necessary for child’s answer.
protection as provided for In RA7610: The - Testify about what you observed even if it
result of the police investigation report and does not conform to other testimony that has
medico legal are enough proof to proceed with been presented.
the court case. - Don’t lie, you may in hot water later on
 —If a case is filed, create awareness on the during the trial.
family on the family on the following issues:
 Emotional pain of facing 2. CONVEY PROFESSIONALISM
regularly the suspect abuser/s - Testify in your professional capacity as a
during court hearings. clinician, which implies formality, competence
 Financial cost of hiring a and objectivity
counsel and other legal fees. - Avoid dramatizing, be in a warm in interesting
This is when the child is not manner. Use inflections in your voice, vivid
assisted by the PAO (Public language and personalized testimony.
Attorney’s Office), the child

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- It is also appropriate to advocate for your “From what I can remember,” “So far as I
position provided that you have a solid research know,” or “I guess so.”
or clinical foundation of such advocacy. - Do not use social work jargon as the judge may
not know this: Provide definition of your terms
3. RESPECT THE FORMALITIES OF THE in plain language.
TRIBUNAL - Colloquialisms and slang not only detract from
- Dress conservatively as sign as respect to its professionalism by also may have ambiguous
solemnity of the process and the serious issues at meanings.
stakes. No maong pants, plunging neckline or - Avoid speaking through the use of gestures or
mini skirts. body language (e.g., nodding yes or no) because
- Address the judge “Your Honor” or just judge. these non verbal responses cannot be recorded in
- Respect for judges is demonstrated by standing the transcript.
when a judge addresses you, when she walks
into the room, or when she gets up to leave. 6. LET THE ATTORNEY LEAD THE
- Avoid arguing or flagrantly disagreeing with the QUESTION
decision maker. - Once you are on the stand, allow the attorney to
- When you are asked to take the witness stand, sit maintain control of the interviewing process.
properly. Do not swivel or rotate in the chair, - During preparation, you may ask the attorney to
nor rock back and forth. provide you with some open-ended questions,
- Look at the attorney asking the questions and such as “Do you have any other important
then provide your answer. information you wish to add?”
- Answer all questions unless one of the attorneys
4. SPEAK SLOWLY, LOUDLY, AND states an objection that in upheld by the tribunal.
WITHOUT HESITATION Ruled out or proceed.
- Ensure that your speech is given slowly enough - Do not participate in the debate of the two
for the tribunal recorder and others to record opposing attorneys.
your testimony accurately and completely. - Do not rely so much on rehearsal questions. The
- Consider spelling unusual names and words to attorney may decide to vary the line of questions
help those taking notes or recording your from how it was originally rehears.
testimony.
- Pause briefly before answering a question to 7. JUST THE FACTS, MA’AM/SIR
allow the other attorney time to register any - Testify about facts. Only witnesses who qualify
objections and to give yourself a moment to as experts can provide opinion evidence.
think about how to articulate your answer. - Focus on concrete, observable, and specific
- Do not pause too long too often may appear as information.
uncertainly or insincerity. - Avoid language with subjective interpretations.
- Clear and fluid speech tends to impart greater Use objective measures wherever possible.
confidence in what you are saying. - Consider the use of language that will have an
- If you feel pressured into answering, take a deep intellectual or emotional impact. Use descriptive
breath and answer at a comfortable pace. language that enables the decision maker to
- Voice is loud enough to be heard by everyone in better visualize the events being described.
the court…know to use the microphone. Example: “Philip’s house was a mess,“ describe the
stench of the beer in the carpets, the fuzzy blue mold
5. PROVIDE CLEAR AND CONCISE inside the refrigerator, and the unlaundered clothes
ANSWER strewn across the living room.
- Do not to volunteer unnecessary information,
make speeches, or go off on tangents. 8. KEEP YOUR COMPOSURE
- Keep your answer short to avoid getting into - Do not be defensive outright, hostile this may be
trouble by saying something you may regret hurt your credibility as a witness. Do not be
later on. overly apologetic, raising your voice, speaking
- Closed-ended questions can often be answered over the questioner.
with a simple “Yes,“ No,” or “That is not what I - Maintaining your composure does not imply that
observed.” Avoid indefinite terms such as your testimony should lack all emotion

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- Although you may not be permitted to have a
break just because you are facing difficult
questions are occasion that you may ask for a
break to regain your composure. This may not
be allowed because it may interrupt flow of
testimony.

9. MAINTAIN EYE CONTACT

- Some attorneys recommend that you maintain
eye contact primarily with the person asking
questions, while others suggest that you provide
your testimony directly to the judge or jury.
- Occasional glances at your client or at other
parties in the room may make your
representation seem more natural, so long as
these glances are not overlong or distracting.
- Glances or looking at your attorney may be
interpreted that you are being coached. Avoid
this.

10. USE NOTES REFRESH YOUR

MEMORY
- Since it may not be possible always that you
have a perfect memory any information you are
asked and you want to use your notes during the
proceedings, you can ask the judge “May I refer
to my notes to refresh my memory?” The judge
may ask the following questions to qualify your
notes: “are these your own notes? When were
these notes made? Since you made these notes,
have you made any additions or deletions?”
- Bring original copies of your notes and several
copies.
- Notes can check for details such as dates and
times. Providing such detail enhance your
credibility and demonstrate that you maintained
an accurate record of events.
- The disadvantage of using the notes is that you
may cross-examined by the opposing attorney.
- Your notes may presented as an exhibit and they
also from part of the record of the hearing.

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