persons with disabilities. Such case may result to misappreciation of
circumstances leading to eventual miscarriage of justice as the case may be.
c.
to have access to effective remedies that are appropriately proportional to the
right(s) infringed and which are tailored to their specific situation; and
Under Philippine laws, all persons, including those with disabilities, are allowed
to participate in every phase of the judicial process and to seek for appropriate
remedies following the procedure set forth under the Rules of Court4
o For example, persons with disabilities shall follow the Rules on Civil
Procedure or Criminal Procedure, as the case may be, to discontinue a
discriminatory practice, nullify a discriminatory law, seek an award of
damages for having suffered from discrimination or to punish persons
who commit discriminatory acts.
Whether or not a person with disability can testify as a witness in court is
determined by the Revised Rules of Evidence, which set the qualifications for a
person who wishes to offer testimony in a trial.
RULE 132 Section 1 - Examination to be done in open court. — The
examination of witnesses presented in a trial or hearing shall be done
in open court, and under oath or affirmation. Unless the witness is
incapacitated to speak, or the questions calls for a different mode of
answer, the answers of the witness shall be given orally. (Revised
Rules of Evidence)
In 2007, The Supreme Court has authorized trial court judges, through the Office of the
Court Administrator (OCA), to engage the services of sign language interpreters,
recognizing that there are “parties or witnesses who, to be fully understood and to
prevent possible miscarriage of justice, may require a sign language interpreter.” 5
Previously, such permission was available only from the Supreme Court itself.
Following such authorization, OCA can directly authorize the trial court judge to hire
the interpreter.
As of 2012, over 2,000 court employees designated as Court Interpreters in trial
courts throughout the country assist in communication needs for spoken
languages in legal proceedings. However, there are no such counterparts for sign
language interpreting, and specific institutional budget items for the
compensation of such services. Since 2006, there had been lobbying and
proposals for comprehensive guidelines from DPOs and NGOs on the hiring and
compensation of qualified interpreters, as well as the conduct and ethics of sign
language interpreting. Such efforts have remained unheeded by the Judiciary.
Of 213 cases from 2006-2012 involving deaf parties, only 24% have appointed
4
A set of regulations laid down by the Supreme Court to govern how courts exercise their jurisdiction
Supreme Court Memorandum Order No. 59-2004 (2004); and Office of the Court Circular No. 1042007 (2007).
5