DNA-CHILD-WITNESS
Rules on Examination of a Child Witness
Applicability
Applicable to:
Victims of crime
Accused of a crime
Witnesses in non-criminal proceedings involving child witnesses
Construction of the Rules
Rules should be liberally construed to:
Uphold the best interests of the child
Promote maximum accommodation of child witnesses
Ensure no prejudice to the constitutional rights of the accused
Meaning of Child Witness
Definition:
Any person below 18 years during testimony
In child abuse cases, may include individuals over 18 who are found unable to care for themselves due to abusive circumstances or disabilities (Sec. 4, par. a)
Competency of Child Witnesses
Requirements to be considered a competent witness:
Capacity of Observation
Capacity of Recollection
Capacity of Communication
Every child is presumed qualified (Sec. 6)
Corroboration Requirement
Generally, child’s credible testimony is sufficient to support findings, without further corroboration, subject to proof standards in criminal and non-criminal cases (Sec. 22)
Competency Examination
Possible when:
Motu propio by the court
Motion by a party
Conducted when substantial doubt exists regarding:
Ability to perceive
Ability to remember and communicate
Distinguishing truth from falsehood
Understanding the duty to tell the truth (Sec. 6)
Persons Allowed During Competency Examination
Present:
Judge and necessary court personnel
Counsel for the parties
Guardian Ad Litem
One or more support persons for the child
The Defendant, unless the court deems evaluation can occur without his presence (Sec. 6, par c)
Live-Link TV Testimony
Court may order testimony via live-link if:
Substantial likelihood of child suffering trauma in presence of accused or counsel
Trauma must impair completeness or truthfulness of testimony
Judicial Determination for Live-Link TV
Possible for the court to decide for live-link TV testimony, notifying involved parties
The judge can question the child in chambers or comfortable locations, with appropriate support present (Sec. 25, par. b)
Videotaped Deposition of a Child Witness
Ordered if the court finds:
The child cannot testify in open court at trial (Sec. 27, par. b)
Accused may be excluded from the room if the child can’t testify in their presence.
Presiding Judge at Videotaped Deposition
The judge presides over the deposition
Objections must be stated and ruled upon during deposition (Sec. 27, par. c)
Hearsay Exception in Child Abuse Cases
Child statements describing acts of abuse, otherwise inadmissible, may be admitted in any proceeding (Sec. 28)
Court's Considerations for Hearsay Statement Admissibility
The court should consider:
Time, content, and circumstances providing reliability
Motive to lie
General character of the declarant child
Number of individuals who heard the statement
Spontaneity of the statement
Timing and relationship between the declarant child and witness
Remoteness of faulty recollection possibility
Circumstances preventing misrepresentation by the child
Cross-Examination of a Child
Required if the child is available when requested by the adverse party
If unavailable, it must be proven by the proponent (Sec. 28, par. a)
Definition of Unavailability
Child considered unavailable if:
Deceased
Suffers from severe physical or mental issues
Absent and the proponent was unable to secure attendance
Corroboration of Hearsay Testimony from Unavailable Child
Hearsay testimony of an unavailable child is admitted only if corroborated by admissible evidence (Sec. 28, par. c)
Sexual Abuse Shield Rule
Evidence not admissible in child sexual abuse cases:
Evidence proving prior sexual behavior of the victim
Evidence proving the sexual predisposition of the alleged victim (Sec. 30, par. a)
Exception to the Sexual Abuse Shield Rule
Admissibility of specific instances of sexual behavior by a victim can prove that someone else was a source of physical evidence.
Protective Orders
Records regarding a child are confidential and kept sealed (Sec. 31, par. A)
Confidential records include:
Videotapes and audiotapes accessible only to parties and their counsel.
Rules on DNA Evidence (A.M. NO. 06-11-5-SC)
Applicability
Applies to DNA evidence offered in all criminal, civil, and special proceedings (Sec. 1)
What is DNA?
DNA (Deoxyribonucleic acid) is unique to each individual except identical twins (Sec. 3)
DNA Evidence Definition
Comprises DNA profiles, results, and genetic information from DNA testing of biological samples (Sec. 3)
Obtaining Judicial Order for DNA Testing
Court can order DNA testing:
Motu propio or application from someone with legal interest
Must prove:
Relevant biological sample exists
Sample has not or needs different DNA testing
Uses scientifically valid technique
Potential for new relevant information
Other factors affecting DNA testing integrity (Sec. 4)
Court Order Requirement for DNA Testing
No court order is required in certain circumstances before DNA testing (Sec. 4)
Appeal of Court Order for DNA Testing
The order for DNA testing is not appealable unless a higher court intervenes (Sec. 5)
Considerations for Assessing DNA Evidence
Chain of custody of samples
Methodology used in DNA testing
Accreditation and qualifications of the forensic lab and analyst
Reliability of DNA testing results (Sec. 7)