especially in terms of conveying information and facilitative communication.
10
A 2008 study by the Commission on Human Rights stated that PWDs had
difficulty accessing the legal system due to the fact that not all legal
practitioners are able to communicate with persons with disabilities. Lack of
adequate interpretation facilities hinder these persons from receiving
adequate protection from the law. In response to this challenge, the
Department of Justice launched a PWD Legal Assistance Desk at the
Quezon City Prosecutors office, which has a manual on disability sensitivity
for public attorneys and prosecutors. The Public Attorneys’ Office also has
PWD-friendly public attorneys who will handle complaints from PWDs. 11
3.
Does your country have laws, policies and strategies to ensure the
participation of persons with disabilities on an equal basis with others in the
judiciary or other judicial or quasi-judicial instances, including in their role as
judges, witnesses, jurors, lawyers or any other active party to judicial or quasijudicial procedures?
Article III Section 1 of the Philippine Constitution provides that “No person
shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.” Likewise,
Articles 37-39 of the Civil Code of the Philippines (R.A. No. 386) States that
legal capacity is inherent in every natural person and instances of disabilities
are mere restrictions on the person’s capacity to act.
In the country, the Public Attorney’s Office, an independent office attached
to the Department of Justice, was created by virtue Republic Act No. 9406 to
serve citizens, including PWDs through assistance in legal proceedings, and
extending free legal assistance to citizens in criminal, civil, labor,
administrative and other quasi-judicial cases.
Under civil laws of the Philippines and jurisprudence, legal protection is
granted to persons with disabilities on the acquisition and disposition of
property.12
In 2012, the Department of Social Welfare of Development (DSWD) in
partnership with the National Council for Disability Affairs (NCDA, the
Public Attorney’s Office (PAO) launched a Free Legal Assistance program
for persons with disabilities. Civil society organizations took the program as
ironic due to the fact that the PAO is already mandated under the Philippine
Constitution to provide free legal services and representation to all.
10
Access to Justice: A Manual for PWD Rights Advocates. University of the Philippines.
file:///F:/PWD%20materials/vol1accesstojusticeofpersonswithdisabilities-140705060600-phpapp01.pdf
(last accessed: 28 April 2017)
11
Christine Joyce Andres, 2 Things the PWD Community Needs from All of Us. Lifelifters, 29 January
2016. http://lifelifters.net/category/uncategorized/ (last accessed: 28 April 2017)
12
Philippine Coalition on the Convention on the Rights of Persons with Disabilities, Universal Periodic
Review 2nd Cycle Parallel report (2012)