SC backs ‘unfit child’ doctrine

The High Court has upheld the conviction of a man who raped his underage daughter, confirming that child abuse cases can be heard in court even if victims cannot testify.

The decision is in accordance with the “unavailable child” doctrine provided for in the Rule on the Examination of Child Witnesses.

In a decision written by Associate Judge Mario Lopez, the court’s Second Division affirmed the Regional Trial Court’s (RTC) sentencing decision in a case that highlighted important legal protections for child victims of abuse.

The case stemmed from a report on May 25, 2018, in which the 14-year-old victim revealed to her aunt that her father had been abusing her since she was 10 years old.

The aunt helped the girl file a complaint against her father.

During the investigation, the victim gave police a sworn statement detailing the harassment, including sexually explicit descriptions of recent events.

Medical examination confirmed the abuse, revealing deep healed hymen ruptures indicating sexual violence.

The victim was not present to testify during the hearing because her mother sent her away.

Instead of his direct testimony, the prosecution presented the victim’s affidavit and the completed Sexual Abuse Protocol, as well as statements from relatives and the forensic report.

Objecting to the RTC’s decision, the defendant claimed that the absence of the victim’s statement made the evidence inadmissible and that it was hearsay. However, the Court of Appeals upheld the RTC’s decision and the defendant appealed the case to the Supreme Court.

In the decision of the Supreme Court, in accordance with Article 28 of the Rule on the Examination of Child Witnesses, the child was detained for legitimate reasons (risk of psychological injury, lack of memory or inability to participate).

This provision ensures that legal proceedings can proceed without compromising the rights of vulnerable victims.

In this particular case, the Court found that the victim’s testimony was reliable and supported by solid evidence, and underlined the need to prevent further trauma for victims of child abuse.

The Supreme Court emphasized the importance of ensuring justice even without direct testimony from the victim and noted that ensuring effective prosecution of such cases could be critical.

The Supreme Court confirmed the RTC’s decision, sentencing the perpetrator to permanent solitary confinement or 30 years in prison and ordered him to pay P450,000 in compensation to the victim.