Starting Dec. 15, courts nationwide will be providing Filipino Sign Language (FSL) interpreters to assist speech and hearing-impaired litigants and witnesses in court proceedings.

The Supreme Court (SC) has approved the rules in FSL interpreting in the judiciary, a landmark measure that implements Republic Act No. 11106, the Filipino Sign Language Act.

It said the rules aim to ensure equal, relevant, and effective access to justice for d/Deaf Filipinos and facilitate their full participation in court proceedings.

A summary issued by its Office of the Spokesperson, the SC said that rules apply to all court proceedings involving d/Deaf Filipinos in the judiciary, at any litigation stage, with the right to choose their preferred mode of communication.

The rules define “deaf” (with the lowercase “d”) as Filipinos with hearing loss who may or may not use sign language or identify with the Deaf community. “Deaf” (with the uppercase “D”) are those who use FSL and collectively identify as a community.

The SC said that courts must appoint accredited FSL and Deaf Relay interpreters. FSL interpreters translate spoken language into FSL and/or vice versa, while Deaf Relay interpreters (DRIs) are Deaf persons who relay communication between linguistically isolated deaf persons and hearing non-signers.

A linguistically isolated deaf person is a deaf with little or no exposure to sign language, resulting in limited communication skills. A hearing non-signer is a person who can hear but does not know or use sign language, it also said.

Under the rules, the Office of the Court Administrator (OCA) must provide all courts with an updated list of accredited interpreters every year.

Courts shall refer d/Deaf parties or witnesses, within three calendar days upon receipt of request or on its own initiative, to the Komisyon sa Wikang Filipino (KWF) for a Visual Communication Assessment for the Deaf (VCAD) if the Court finds that the d/Deaf individual is not proficient in FSL, the SC said.

It also said the purpose of the VCAD is to determine the d/Deaf person’s primary language and communication needs. The VCAD report must be submitted to the court within 10 calendar days from receipt of the referral order.

However, if the d/Deaf individual manifests proficiency in FSL, they must execute a waiver and the court shall directly appoint an FSL interpreter from the list furnished by the OCA.

To ensure impartiality, the rules prohibit courts from appointing interpreters who have conflicts of interest, such as relationship, financial, or professional ties to the d/Deaf party or witness.

If a d/Deaf party declines the court-provided interpreter due to unavailability, conflict of interest, or other justifiable reasons, they may hire interpreters at their own expense, with the other party’s consent, provided the interpreter is accredited, the SC said.

To ensure effective communication, the rules prescribe courtroom guidelines on the physical position of the interpreter relative to the d/Deaf party or witness during hearings, their access to case records, and video recording of d/Deaf testimonies.

The SC said that remote interpreting is allowed when no accredited on-site interpreter is available, when the proceeding is brief and does not involve testimony, or when the case involves sensitive matters that may pose safety risks to the interpreter.

A full copy of the rules is available at the SC’s website – sc.judiciary.gov.ph.