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:

    1. Capacity of Observation

    2. Capacity of Recollection

    3. 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:

    1. Motu propio by the court

    2. 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:

    1. Judge and necessary court personnel

    2. Counsel for the parties

    3. Guardian Ad Litem

    4. One or more support persons for the child

    5. 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:

    1. Time, content, and circumstances providing reliability

    2. Motive to lie

    3. General character of the declarant child

    4. Number of individuals who heard the statement

    5. Spontaneity of the statement

    6. Timing and relationship between the declarant child and witness

    7. Remoteness of faulty recollection possibility

    8. 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:

    1. Deceased

    2. Suffers from severe physical or mental issues

    3. 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:

    1. Evidence proving prior sexual behavior of the victim

    2. 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:

      1. Relevant biological sample exists

      2. Sample has not or needs different DNA testing

      3. Uses scientifically valid technique

      4. Potential for new relevant information

      5. 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

  1. Chain of custody of samples

  2. Methodology used in DNA testing

  3. Accreditation and qualifications of the forensic lab and analyst

  4. Reliability of DNA testing results (Sec. 7)