Notes on Deaf Jurisprudence Republic of the Philippines

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Notes on Deaf Jurisprudence(Republic of the
Philippines)
Sign Language Interpreting and Access of the
Deaf to the Legal System College of Social Work
and Community Development University of the
Philippines Diliman, Quezon City July 27- 28,
2007

• Atty. Golda S. Benjamin
• Initiatives for Dialogue Empowerment through
  Alternative Legal Services, Inc.
• ideals05_at_yahoo.com

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Background

• The Problem
• Supreme Court
• Memorandum Order 59-2004
• Information about the paper

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Terminology (Court decisions)

• Deaf-mute
• 1916
• 1928
• 1980
• 1982
• 1987
• 1993
• 1999-2002
• Deaf and dumb
• (to refer to a person)
• 1928
• Deaf and dumb (to refer to a school)
• 1928 and 1987
• Deaf and suffers speech problems
• 1995

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Terminology(Philippine Laws)

• 1930 deaf and dumb
• 1949 deaf and deaf-mute
• 1995 hearing impaired

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Interpreter for the DeafRight or Accomodation?

• Supreme Court Memorandum Order 59-2004
• Marlon Parazo case
• People vs. Crisologo case

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Neutrality vs. Accuracy(Admissibility of
Interpretations)

• People vs. Bustos
• People vs. Hayag

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The Deaf as a Competent Witness

• 1. IQ test for deaf parties and deaf witnesses
• 2. Mental retardation and deafness

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• People vs. Tuangco, et. al.
• Deaf-mutes are
• competent witnesses where they
• can  understand and appreciate the sanctity of an
  oath
• can comprehend facts they are going to testify
  on and
• can communicate their ideas through a qualified
  interpreter