Sec. 20. Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses. Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. (Revised Rules of Evidence)  The abovementioned provision entails that persons with disabilities, even those with sensory impairments, may testify as witnesses, provided they can “perceive and make known their perception to others.” For example, blind persons can hear, smell and taste and deaf persons can see and “make known their perceptions” through sign language interpreters.  The Rules provide that witnesses must answer the questions “orally”, except when a “witness is incapacitated to speak, or the question calls for a different mode of answer.”  Further, the Supreme Court, by virtue of a memorandum circular, has enjoined judges to provide PWDs convenient access to courtrooms. In some cases, this is done by holding sessions on the ground floor of court houses3 “Judges should take the proper measures to fully realize the policy set forth in the Accessibility Law or the B.P. 344 with the view of providing disabled persons convenient access to courtrooms holding sessions, if absolutely necessary, on the ground floor or court houses” (Philippine Supreme Court Circular No. 46-95)    3 Despite legal provisions allowing persons with disabilities to validly testify in court proceedings, the problem lies with the appreciation or the weight of the litigant’s testimony. It should be taken into consideration that for instance, in cases of persons with psycho-social or sensory impairments, the weight of testimonies would depend solely on the presiding judge. The Rules of Court prescribe, under Rule 133, Weight and Sufficiency of Evidence, that what the judge may consider in weighing the testimony of a litigant are: “the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which there are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility ….” In criminal cases, the test remains to be “moral certainty…in an unprejudiced mind” Given the abovementioned provisions of law, it may be inferred that physical or mental impairments largely affects the “probative value of the person’s testimony. This situation becomes all the more problematic if aggravated by the lack of training of judges in handling cases involving Supreme Court Memorandum Circular 46-95 (1995).

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