court interpreters. Of 63 cases of unschooled deaf parties requiring deaf relay
interpreters, 75% have no interpreter6
Taking note of this concern, legislators have been pushing for the passage of the
Filipino Sign Language Act since 2016. The passage of this act would result to
the mandatory use of Filipino sign language and an official directive mandating
courts, quasi-judicial agencies and other tribunals to ensure the availability of
Filipino sign language interpreting in all proceedings involving the deaf. The act
likewise mandates the Supreme Court and other agencies to promote appropriate
training for those working in the administration of justice including court
personnel and police and prison staff. 7
2.
Do you have examples from your country on:
a. how procedural and age-appropriate accommodations are provided and
applied, including protocols or other guidelines;
As regards the examination of child witnesses, courts may be guided by the Rule
on Examination of a Child Witness (Child Witness Rule)8 which governs the
examination of child witnesses who are “victims of crime, accused of a crime,
and witnesses to crime.” Section 4 of the said rules provide that in child abuse
cases, a “child” includes one who is over eighteen years but is found by the
court as unable to fully take care of himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or
condition.
The rules further provide that the judge shall ensure that child witness is asked
only “developmentally appropriate questions.”
Sec. 6.e. Developmentally appropriate questions. — The questions
asked at the competency examination shall be appropriate to the age
and developmental level of the child; shall not be related to the issues
at trial; and shall focus on the ability of the child to remember,
communicate, distinguish between truth and falsehood, and appreciate
the duty to testify truthfully.
Sec. 19. Mode of questioning. - The court shall exercise control over
the questioning of children so as to (1) facilitate the ascertainment of
the truth; (2) ensure that questions are stated in a form appropriate to
the developmental level of the child; (3) protect children from
6
Philippine Coalition on the Convention on the Rights of Persons with Disabilities, Universal Periodic
Review 2nd Cycle Parallel report (2013)
http://lib.ohchr.org/HRBodies/UPR/Documents/session13/PH/JS5_UPR_PHL_S13_2012_JointSubmissio
n5_E.pdf (last accessed on 30 April 2017)
7
Senate Bill No. 966 – An Act Declaring Filipino Sign Language as the National Sign Language of the
Filipino Deaf and the Official Language of the Government in all Transactions Involving the Deaf, and
Mandates Its Use in Schools, Broadcast Media and Workplaces (2016)
https://www.senate.gov.ph/lisdata/2452421106!.pdf (last accessed on 30 April 2017)
8
Supreme Court, A.M. No. 004-07-S (2000).