Legal Research: Research Outline

I-E COL
Dean Ulpiano Sarmiento III

Amante, Eishrine Mei

Paril, Joshua
Tan, Cherlene
Reis, Gabrielle
Marino, Elizabeth

The Legal Rights and Status of the Deaf in Criminal Trials

I. Introduction

II. The Fundamental Legal Rights of the Deaf

LOCAL
 The rehabilitation of the disabled persons shall be the concern of the Government in order
to foster their capability to attain a more meaningful, productive and satisfying life.
 Disabled persons are part of the Philippine society; thus the Senate shall give full support
to the improvement of the total well-being of disabled persons and their integration into
the mainstream of society.
 Disabled persons have the same rights as other people to take their proper place in
society.
 Trial court judges to hire the services of sign language interpreters in actions or
proceedings
 Provide disabled persons the opportunity to fully exercise their rights and perform their
duties in society, judges should take the proper measures to fully realize the policy set
forth with the view of providing disabled persons convenient access to courtrooms
 Interpreter for child and child with disability may be appointed by the court, motu
proprio or upon motion, to interpret for the child.
 The FSL shall be the official language of legal interpreting for the deaf in all public
hearings, proceedings, and transaction of courts, quasi-judicial agencies and other
tribunals.
 State shall give full support to the improvement of the total well-being and integration of
person with disabilities into the mainstream of society

INTERNATIONAL
 Equal recognition before the law
 Access to justice
 Equality before the law without discrimination
 Disabled persons have the same civil and political rights as other human beings
 Disabled persons shall be able to avail themselves of qualified legal aid when such aid
proves indispensable for the protection of their persons and property. If judicial
 proceedings are instituted against them, the legal procedure applied shall take their
physical and mental condition fully into account.

III. Criminal Proceedings

A. As to Deaf Adults

1. Rights during arrest and detention

i. Miranda Rights, the law did not specify on how such rights may be enforced
upon the disabled person
ii. Right to be informed of the nature and cause of accusation against him through
writing or through a police interpreter or any other persons capable of
communicating with the disabled person
iii. Right not to be put in secret detention places
iv. Right not to be subject to force or torture
2. Rights in applying for Bail
Right to apply for bail except when the offense that is said to be committed is
punishable by death or life imprisonment.
3. Rights during Arraignment and Plea
i. Right to the services of a sign language expert in entering his/ her plea
ii. Right to choose a counsel of his choice through the services of a sign language
expert or any authorized interpreter
4. Rights during Trial
i. Right to defend himself through the services of an interpreter in sign language.
ii. Right to be considered as competent witnesses with the help of the services of a
sign language expert
iii. Right to be exempt from being compelled to be a witness against himself.
iv. Right confront and cross-examine the witnesses against him at the trial with
the help of interpreter.

B. As to Deaf Minors (Governed by R.A. 9344 as amended by R.A. 10630)

IV. Data and Analysis

A. Jurisprudence involving “deaf-mute” and the “deaf and dumb” minors

As the victim/witness
i. Deaf and dumb

People v. Sasota — “Although it was formerly presumed that persons deaf and dumb from birth
were idiots and therefore incompetent to testify within the meaning of the rule, no such
presumption now exists."

ii. Deaf-mute
People v. Aleman y Longhas – “The imperfections or inconsistencies cited by accused-
appellant were due to the fact that there is some difficulty in eliciting testimony where the
witness is a deaf-mute. Those discrepancies do not detract from the credibility of his testimony,
much less justify the total rejection of the same.”

People v. Quiachon – Full faith and credence is given to the minor deaf-mute victim's testimony
as their narration palpably bears the earmarks of truth and is in accord with the material points
involved.

People v. Bolado – No compelling reason to disturb the findings of the trial court since the latter
is in a better position to decide the issue of credibility of prosecution witnesses having heard the
witnesses and observed their deportment and manner of testifying during trial, unless certain
facts of substance and value have been plainly overlooked which, if considered, might affect the
result of the case.”

People v. Loriega – Deaf-mute victim is a competent witness as she could convey her
perceptions to the court as she could read and write, although in a limited fashion and could lip-
read.

People v. Tomentos y Rubio -Leading questions during the direct-examination of the victim is
allowed in cases of "witness who is ignorant, or a child of tender years, or is feeble-minded, or a
deaf-mute" (Section 5, Rule 132, Rules of Court).

People v. Dizon y Lacap – “The inability of AAA to accurately express the date when the
incidents happened should not diminish the value and trustworthiness of her testimony on how
the incidents transpired, especially considering the fact that Dizon's very own daughter, an
eyewitness, corroborated such. “

B. Jurisprudence on “deaf-mute” for those of major age

The deaf-mute as petitioner:

(Del Castillo v. Jaymalin, G.R. No. L-28256) where an assignable right had been transferred
before action brought, the proceeding ought to be instituted in the name of the assignee; and
where an assignment is effected pendente lite, it is proper to have the assignee substituted for the
original plaintiff. If such substitution should not be effected and the transfer of the right of action
should not be brought to the attention of the court, the original plaintiff, if successful in the
litigation, would hold the fruits of the action as a sort of trustee for the use and benefit of the
assignee.

(Director of Lands v. Abelardo, ET AL., G.R. No. 31354.) Such a physical condition is no
obstacle to the running of the prescriptive period; since it has been proved in this case that it was
not accompanied by mental deficiency or any other legal incapacity. Being a deaf-mute is not by
itself alone, without the concurrence of any of the incapacities recognized by law, considered
included among the exceptions which in matters of prescription, are granted to incapacitated
persons, in connection with the running of the prescriptive periods.
Deaf-Mute as defendant:

( People v. Crisologo, G.R. No. 74145.) The absence of an interpreter in sign language who
could have conveyed to the accused, a deaf-mute, the full facts of the offense with which he was
charged and who could also have communicated the accused's own version of the circumstances
which led to his implication in the crime, deprived the accused of a full and fair trial and a
reasonable opportunity to defend himself. Not even the accused's final plea of not guilty can
excuse these inherently unjust circumstances.

(People v. Francisco, G.R.No. 121176) The absence of an interpreter in sign language who
could convey to the appellant the full facts of the offense deprived the appellant of his
fundamental right to due process of law for it deprived him of a full and fair trial and a
reasonable opportunity to defend himself.

Deaf-Mute as witness:

(People v. Tuangco, G.R. No. 130331) DEAF-MUTES requisites for admissibility of testimony.
—A deaf-mute is not incompetent as a witness. All persons who can perceive, and perceiving,
can make known their perception to others, may be witnesses. Deaf-mutes are competent
witnesses where they (1) can understand and appreciate the sanctity of an oath; (2) can
comprehend facts they are going to testify on; and (3) can communicate their ideas through a
qualified interpreter.The Court ruled that a deaf-mute is competent to testify as long as he can
understand and appreciate the sanctity of an oath, can comprehend facts that he is going to testify
and can communicate their ideas through a quali􀀶ed interpreter; that the appellate court will not
review the method adopted by the interpreter in the absence of a showing that the complaining
witness was in some way injured by reason of the particular method adopted; that alibi must
yield to positive identification; and that findings of the trial court on credibility of witnesses are
not disturbed on appeal

V. Conclusion and Recommendations

VI. Preliminary Sources

Book Reviews, Journals and Articles

Ayres, B. D. Deaf & Dumb Persons: Trial of Procedure. 10 The Virginia Law Register 93-96
(1924).

Brown-Blake, Celia. Fair Trial, Language and the Right to Interpretation. 13 International
Journal on Minority and Group Rights 391-412 (2006).

Enescu, Raluca and Werner, Anja. The Legal Capacity Of Deaf Persons In The Decisions Of The
Imperial Court Of Justice Between 1880 And 1901. Law, Crime and History 31-53 (2016).
Gaw, Albert. The Development of The Legal Status of The Deaf: A Comparative Study Of The
Rights And Responsibilities Of Deaf-Mutes In The Laws Of Rome, France, England, And
America. 52 American Annals of the Deaf 468-489 (1907).

Harry, Bruce and Dietz, Park Elliott. Offenders in a Silent World: Hearing Impairment and
Deafness in Relation to Criminality, Incompetence, and Insanity. 13 Bull Am Acad Psychiatry
Law 85-96 (1985).

Pravda, Douglas. Understanding the Rights of Deaf and Hard of Hearing Individuals to
Meaningful Participation in Court Proceedings. 45 Valparaiso University L.R 927-965 (2011).

Relyea, Gregg. Procedural Due Process: A Deaf Defendant's Right to Be Heard Should
Encompass a Right to "Hear" Civil Trials Through Interpretation. 29 Catholic University L.R.
867-890 (1980).

Smith, Deirdre, Student Author, Confronting Silence: The Constitution, Deaf Criminal
Defendants, And The Right To Interpretation During Trial. 46 Maine L.R. 87-150 (1994).

Stone, Christopher and Woll, Bencie. Dumb O Jemmy and Others: Deaf People, Interpreters, and
the London Courts in the Eighteenth and Nineteenth Centuries. 8 Sign Language Studies 226-
240 (2008). Gallaudet University Press.

Wood, Jeffrey B. Protecting Deaf Suspects' Right to Understand Criminal Proceedings. 75

Journal of Criminal Law and Criminology Article 5 (1984).

Research Reports

Caparas, Perfecto. Right to Due Process of Law and Fair Trial: Issue and Challenges in the
Philippines. (October 4, 2018),
http://www.academia.edu/10982679/Right_to_Due_Process_of_Law_and_Fair_Trial_Issues_an
d_Challenges_in_the_Philippines.

Deaf Interpreters in Court: An Accommodation that is more than Reasonable. Presentation by

The National Consortium Of Interpreter Education Centers: Legal Interpreting Workgroup
(2009).

Napier, Jemina, et.al. Research Report 14: Deaf Jurors’ Access To Court Proceedings Via Sign
Language Interpreting: An Investigation. NSW Law Reform Commission (2007).

Newspaper

Local
 Elemia, Camille. A lethal mix? Death penalty and a 'flawed, corrupt' justice system. (October 3,
2018), https://www.rappler.com/newsbreak/in-depth/154424-lethal-mix-death-penalty-flawed-
justice-system.

Martinez, Liza. Primer on Filipino Sign Language. (September 4, 2018),

http://opinion.inquirer.net/41909/primer-on-filipino-sign-language.

Sison, Jose. Deaf-mute witness. (October 4, 2018),

https://www.philstar.com/opinion/2017/06/27/1714234/deaf-mute-witness.

The Manila Times. Credibility of a Deaf-mute witness. (October 3,

2018), https://www.manilatimes.net/credibility-of-a-deaf-mute-witness/31269/.

Tomacruz, Sofia. Senate passes bill promoting sign language. (September 4, 2018),
https://www.rappler.com/nation/210594-senate-bill-filipino-sign-language-official-mode-
communication.

Foreign

Deccan Chronicle. Deaf mute to face trial for offences. (October 5, 2018),
http://deccanchronicle.com/151228/nation-current-affairs/article/deaf-mute-face-trial-offences.

Duggan, Paul. Washington Post. Deaf, mute and accused of murder, an undocumented
immigrant has been in legal limbo for 12 years. (October 4, 2018),
http://washingtonpost.com/local/social-issues/deaf-mute-and-accused-of-murder-an-
undocumented-immigrant-has-been-in-legal-limbo-for-12-years/2017.

Luo, Chris. South China Morning Post. Chinese gangs 'abducted deaf-mute students and forced
them to commit robberies'. (October 5, 2018),
https://www.scmp.com/news/china/article/1189921/chinese-gangs-abducted-deaf-mute-students-
and-forced

Laws

International

UN Convention on the Rights of Persons with Disabilities

http://www.un.org/disabilities/documents/convention/convention_accessible_pdf.pdf

Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities.
https://www.un.org/development/desa/disabilities/resources/handbook-for-parliamentarians-on-
the-convention-on-the-rights-of-persons-with-disabilities/chapter-two-the-convention-in-detail-
3.html
Declaration on the Rights of Disabled Persons.
https://www.ohchr.org/Documents/ProfessionalInterest/res3447.pdf

Local

Republic Act 7277: AN ACT PROVIDING FOR THE REHABILITATION,SELF-DEVELOPMENT

AND SELF-RELIANCE OF DISABLED PERSON AND THEIR
INTEGRATION http://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-7277/

Memorandum Order No. 59-2004: AUTHORIZING THE COURT ADMINISTRATOR TO ACT ON

AND APPROVE REQUESTS OF LOWER COURTS FOR THE HIRING OF SIGN LANGUAGE
INTERPRETERS, http://www.ncda.gov.ph/disability-laws/memorandum-order-no-59-2004/

Supreme Court Memorandum Circular 46-95 (1995) – ACCESSIBILITY OF COURTROOMS TO

DISABLED PERSONS, http://www.chanrobles.com/supremecourtcircular46-
95.htm#.W7WumS7OF_k

A.M. NO. 004-07-SC – RULE ON EXAMINATION OF A CHILD WITNESS,

https://www.lawphil.net/courts/supreme/am/am_004_07_sc_2000.html

S .B. No. 1445 – Filipino Sign Language Bill, http://www.senate.gov.ph/lisdata/2597525109!.pdf

Memorandum Circular No. 2017-119 – GUIDELINES FOR THE ESTABLISHMENT OF

PERSONS WITH DISABILITIES AFFAIRS OFFICE (PDAO) AND THE CONDUCT OF THE
PERSONS WITH DISABILITIES GENERAL ASSEMBLY
www.ncda.gov.ph/2017/10/guidelines-for-the-establishment-of-persons-with-disabilities-affairs-
office-pdao-and-the-conduct-of-the-persons-with-disabilities-general-assembly/

Other Sources

CyBar Operations. On Deaf mutism: old rule. (October 4, 2018),

https://cybaroperations.wordpress.com/notes-on-philippine-civil-law/commentaries-and-
jurisprudence-on-the-civil-code-by-dr-arturo-m-tolentino/c-persons/.

Carter, Sean. Justice is Blind, Deaf and Really Dumb. (October 5, 2018),
http://www.spectacle.org/0503/carter.html.