SC approves rules on Filipino Sign Language in court proceedings
Very soon, deaf litigants and witnesses can “hear” and the speech impaired can “talk” during court proceedings before the country’s courts.
The Supreme Court (SC) has approved the rules on Filipino Sign Language (FSL) interpreting in the judiciary, a landmark measure that institutionalizes the use of FSL in court proceedings to ensure equal access to justice for the hearing and speech impaired litigants and witnesses.
The rules will be implemented 15 days after publication in two newspapers of general circulation.
Under the rules, qualified and accredited FSL interpreters will be engaged in all judicial proceedings involving d/Deaf parties or witnesses to secure full and equitable access to justice.
The term “deaf” refers to individuals with hearing loss, regardless of their knowledge or use of sign language, while “Deaf” refers specifically to members of a linguistic and cultural community that primarily uses FSL.
The SC said the rules will also establish ethical and professional standards to guide court interpreters in the performance of their duties, with clear procedures for interpreter accreditation and payment.
The rules allow for both on-site and remote interpreting, with built-in safeguards to maintain the accuracy, confidentiality, and reliability of interpretations across all modes, it also said.
The adoption of the rules operationalizes Republic Act No. 11106, the Filipino Sign Language Act, and affirm the State’s commitment under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to guarantee the full participation of hearing and speech impaired Filipinos in judicial processes, the SC said.
It added that the rules form part of the SC’s Strategic Plan for Judicial Innovations 2022– 2027 (SPJI), under its Access to Justice program.
The drafting of the rules was done by the technical working group (TWG) chaired by Associate Justice Japar B. Dimaampao with Associate Justice Jose Midas P. Marquez as vice chairperson and composed of members from the Office of the Court Administrator (OCA), representatives of trial and appellate courts, the Komisyon sa Wikang Filipino, Deaf organizations, and interpreters’ groups after meetings, stakeholder consultations, and a write shop held this year.
The other TWG members present during the write shop were Assistant Court Administrator Lilian C. Barribal-Co; Court of Appeals Associate Justice Geraldine C. Fiel-Macaraig; Sandiganbayan Associate Justice Juliet M. Manalo-San Gaspar; Judge Madonna C. Echiverri, Branch 81, Regional Trial Court, Quezon City; Judge Remiebel U. Mondia, Branch 110, RTC, Pasay City, who is also an FSL interpreter; Judge Rasad S. Laguindab, Shari’ah District Court, Marawi City.
The other members were Judge Vladimir Berla S. Daral, Branch 165, Metropolitan Trial Court (MeTC), Pasay City; and Judge Alberto O. Romoros, Shari’ah Circuit Court, Jolo. They were joined by Komisyon sa Wikang Pilipino Commissioner Benjamin Mendillo Jr.; FSL Specialist Carolyn Dagani; Mariah Agbay, Philippine Federation of the Deaf president; Shirley Pinky Earnhart, executive director of the Philippine Registry of Interpreters for the Deaf; and representatives from the Philippine National Association of Sign Language Interpreters, Catherine Joy Villareal and Bernadette Infanta.
The consultants were Dr. Liza Martinez, convenor of the FSL National Network, and lawyer Glenda Litong, law reform specialist from the University of the Philippines Institute of Human Rights.
The observers were Court of Appeals Justice Lorna Francisca Catris-Chua Cheng and Judge Kirby G. Javier, Branch 166, MeTC, Pasay City; lawyers Ray Paolo J. Santiago and Rommel Alim Abitria, and Maricel Aguilar and Yna Calindas of the Fostering Advancement of Inclusive and Rights-Based Justice Program (FAIR Justice).
The SC said the adoption of the rules and the conduct of the write shop were supported by the Australian government through the FAIR Justice Program which works to improve access to justice for vulnerable groups.
The full text of the FSL rules will be uploaded to the SC website – sc.judiciary.gov.ph.