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PEOPLE v. ROLANDO MENDOZA

This case has been cited 2 times or more.

2011-06-13
SERENO, J.
The decision of (sic) this question rests primarily with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligations of an oath. As many of these matters cannot be photographed into the record, the decision of the trial judge will not be disturbed on review unless from that which is preserved it is clear that it was erroneous. (citations omitted).  [31]
2003-01-28
QUISUMBING, J.
The determination of a child's intellectual preparedness to be a witness rests primarily with the trial judge, who assesses the child's manners, his apparent possession or lack of intelligence, as well as his understanding of the obligations of an oath. These abstract matters cannot be photographed into the record. The judgment of the trial judge will not be disturbed on review, unless from that which is preserved, it is clear that it was erroneous.[43]