Persons with intellectual disabilities can testify in court — SC

As it affirmed the conviction of two men for murder, the Supreme Court (SC) has said that a person with an intellectual disability is not disqualified from testifying in court just because of their condition.

“A [person with intellectual disability] may be a credible witness. The acceptance of [their] testimony depends on the quality of [their] perceptions and the manner [they] can make them known to the court,” the SC Second Division said.

“If the testimony of a [person with intellectual disability] is coherent, the same is admissible in court,” it added.

The SC issued this remark as it found "Jose" and "Alfredo" guilty of murder after accepting the testimony of a witness with intellectual disability.

The two were sentenced to reclusion perpetua and ordered to pay the victim’s heirs P75,000 in civil indemnity, P75,000 in moral damages, P75,000 in exemplary damages, and P50,000 in temperate damages with a legal interest of 6% per annum from the finality of judgment until full payment.

Eyewitness

In 2011, Jose and Alfredo were charged over the killing of a 12-year-old girl.

The only eyewitness was 23-year-old "Mambo." His mother describes him as a “special child” with a “speech impediment” and “some mental deficiency.”

Mambo told his mother about the incident, saying the two even threatened to kill him.

The prosecution asked for permission from the court to ask Mambo leading questions or questions that tend to guide a witness to answer in a certain way, which are generally not allowed during direct examinations.

However, the court said leading questions may be asked in cases when it is difficult to get answers, such as instances when the witness is a child or has an intellectual disability.

The prosecution also provided a report that estimated Mambo’s mental age to be between three to seven years old.

Mambo later identified Jose and Alfredo as the victim’s killers, leading the RTC to convict them. The decision was affirmed by the Court of Appeals.

People-first language

Meanwhile, the court urged the use of people-first language, which it said emphasizes the individual before the disability.

“In closing, the Court reiterates its movement away from using the term “mental retardate” and its other similarly outdated, derogatory derivatives, in favor of employing people-first language,” the SC said.

Citing the 2013 Diagnostic and Statistical Manual of Mental Disorders, the SC said the term “intellectual disability” has replaced “mental retardation.”

The decision was promulgated in July but was made public only today.

--VAL, GMA Integrated News