Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE'BILL No. 4631

Introduced by Reps. TEDDY A_ CASINO, NERI JAVIER COLMENARES,
LUZVIMINDA C. ILAGAN, RAFAEL V, MARIANO, RAYMOND V. PALATINO,
ANTONIO L. TINIO and EMMI A. DE JESUS

EXPLANATORY NOTE

For most people, the importance of communication is usually taken for granted. But for individuals
constrained by hearing or faced with audiological impairment, the insufficiency of communication
systems and the lack of support can cause great injustice and disparity.

For mstance, data from the Philippine Deaf Resource Center (PDRC) show that one our of three
deaf women is a victim of rape while 65 to 70°% of deaf children are molested. Of the 82 cases they
monitored, 67% of deaf complainants lodged rape complaints while 32% of deaf respondents were
accused of theft,

With the high incidence of critninal cases involving deaf persons, there is an unquestionable need
for interpreters duting investigative and judicial proceedings. Unfortunately, the current srstem does
not hare a clear procedure for such. Oftentimes, the deaf individual is left to find and pay a suitable
interpreter. Without a proper system, finding an interpreter may also delay proceedings.

The proposed bill addresses all of these problems. It is the responsibility of the State to provide for
interpreters during any government proceeding, be it for police investigations, court or public
hearings. Hired interpreters are also entitled to sufficient payment and rest.

In siew of the foregoing, immediate approval thereof is highly recommended.

Approved.


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TEDDY A. CASINO

Bayan Muna Party-list

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Dain €.
Hye aR C.ILAGAN
rabriela Women’s P:

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samonb PALATIN!

Kabataan Party-list

NER! JAVIER COLMENARES
Bayan Muna Party-list

“AEL V. MARIANO
Anakpawis Party-list

ACT Teachers Party-list

EMMI A. DE JESUS
Gabriela Women’s Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE HHO.No. 4631

Introduced by Reps. TEDDY A. CASINO, NERI JAVIER COLMENARES,
LUZVIMINDA C. ILAGAN, RAFAEL V. MARIANO, RAYMOND V. PALATINO,
ANTONIO L. TINIO and EMMI A. DE JESUS

AN ACT
PROVIDING FOR INTERPRETERS IN ALL JUDICIAL,
QUASL-JUDICIAL, INVESTIGATIVE PROCEEDINGS AND PUBLIC HEARINGS
INVOLVING DEAF INDIVIDUALS

Be it enasted by the Senate and I louse of Representatives of the Philippines in Congress assembled:

SECTION L Short Tide, — Vhis Act shall be known as the “Coat Interpreters for Persons with
Disabilities Act.”

SECTION 2. Declaration of Policy. — ‘he State shall give full support to the integration of
persons with disabilities into mainstream society and “exert all efforts to remove all social, cultural,
economic, environmental and attitudinal barriers that are prejudicial” to chem, pursuant of Republic
Act No. 7277 or the “Magna Carta for Persoas with Disabilities.” It is also a declared policy of the
Stare that all persons shall be given equal opportunity, due ptocess and speedy disposition of their
cases before all judicial, quasi-judicial, or administraive bodies.

SECTION 3. Definition. For purposes of this Act, the following terms shall mean:

2. Person with disabilities —a person scho bas a restriction or limitation in persoaal mobility,
communications, development and others resulting from the interaction between person.
with impairments and attitudinal and environmental barriers that hinders his/her full and
effective participation in society on equal basis with others;

b. Disability — an activity limitation ot restriction as a result of the interaction between
persons with impairments and attitudinal and environmental barriers that hinders their Cull
and effective participation in society on equal basis with others;

¢. Impairment - any loss, diminution or abetration of psychological, physiological, or
anatomical structure or function;


4d. day: means a person who has an audiologicat impairment that makes him / her unable w
hear, or experience difficulty in hearing. Degfin uppercase D specifically refers to a person
who uses the visual language of the community as his /her primary means of
communication in daily life, and supports its goals and values as a linguistic and culnural
minority. ‘This Act primarily cefets to individuals who acquired heating loss ia the earfy years
of life, and not Senior Citizens;

€ Hard of bearing - means a person who can understand words only if spoken very loud or
close to the ear and hax severe difficulties if there are other sources of aoise. People who ate
hard of heating include those who cao be helped with a hearing aids

& Linguistically isolated deaf - a deaf individual who has extremely poor overall
‘communication skills, “Uhis individua? usually has had minimal or ao schooling and uses only
home signs or gestures (ic, uses signs different from the signs commonly used in the
commonity); and, has extremely limited vocabulary and fingerspelling skills;

h. Deaf interpreter or Deaf relay interpreter - an interpreter who is deaf and relays information
between a linguistically isolated deaf chent and a hearing interpreter;

i. Consecutive interpreting - process of interpreting wherein the interpreter transmits
information into the target language after the speaker / signer pauses upon completing one
‘or more ideas from the source language;

j. Simultaneous interpreting - process of interpreting into the target language at the same time
the source language is being delivered:

k. Manual conmxnication — various forms of visual-spatial communication utilizing the hands,
face and body. For the Philippines, this includes: the aatural sign language, Filipino Sign
Language; Manually Coded English systems, and nonstandard gestures.

SECTION 4. Hiring of interpreters. — All courts, quasi-judicial bodies, ageacies and government
institutions conducting investigations and public bearings shail hire interpreters for proceedings
involving individuals ascertained to be deaf through accepted clinical standards and procedures.
However, a deaf individual may waive the right to an interpreter. The concemed body that hired the
services of the interpreter shall provide the budget for the prompt payment of interpreters which
shall be on a per appearance basis, including travel, board/lodging as well as other expenses before
the case is filed in court.

SECTION 5. Qualifications of iatespreters. — Until an official and national testing mechanism
and certification procedure is developed for interpreters and recognized by the government, a
qualified interpreter shall be selected on the basis of the following:

a. Fndotsement under oath by registered deaf organizations / federation that the
interpreter has interpreting experience of at least four (4) years (for heating interpreters), or
one (1) year (for deaf interpreters);


b, Empirical demonstration of his/her languaye competencies and interpteting ability.

Supplementary documentation on language competency and interpretation ability of hearing

interpreters includes interpreter training, work-related interpreting experience, sign language
instruction and relavonship to Deaf family members

Selection of the appropriate qualified interprecer(s) should be based on language competency which
matches that of the deaf client.

A person related within the third degree of affiniry or consanguinity to any of the parties, witnesses,
and other participants of the case cannot be appointed as the interpreter.

Deaf counselors who have previously worked with the deaf or the bard of hearing party, witness, or
Participant cannot be appointed as interpreter for the case.

SECTION 6. Guidelines. — To protect the rights of the deaf individual and the interpreter/s, the
following guidelines shall be observed:

a Appointed interpreters provide a service oqually to the deaf clients and the hearing members
of the court. ‘thus they shall interpret the entite proceediny and not only the testimony of the
deaf party. For cases of sexual abuse, the interpreter/s should be the same gender as the
offeaded party. Accommodations should be procedurally and age-appropriate, and also yender-
sensitive and non-discriminatory;

b. For linguistically isolated deaf, the court shall appoint a hearing interpreter anda Deaf relay
interpreter;

¢. To address interpreting fatigue, the interpreter must be given adequate rest after 30 minutes of
continuous interpreting, according to medically accepted standards for the prevention of
Repetitive Strain Injury;

. Allinterpreters are bound by the common duty to observe confidentiality and aeutraliey
before, during, and after the proceedings;

¢. In cases where there is more than one deaf party, witness ot participant, and these deaf
individuals have becn ascertained to have different communication and interpreting needs, thea
separate interpreters with the required skills shall be appointed;

£. Consecutive interpreting shall be used when the deaf is linguistically isolated, oF in other
siuations when this would be more effective than simultaneous interpreting:

g, Interpreting should also be provided during the administration of justice by police and prison
staff


SECTION 7. Orientation of Interpreters. — Qualified ionerpretets shall be trained in ethical
responsibilities, terms and legal concepts under a program to be established by the Supreme Court
and the Department of Justice, in parmership with proups such as the Philippine Federation of the
Deaf.

SECTION 8. Implementing Rules and Regulations, — Within sixty (60) days from the
effectivity of this Act, the Department of Social Welfare and Development, the National Counc on
Disability Affairs, che Department of Justice, the Supreme Court and other concemed government
bodies and shall work together, in coordination with non-goverament organizations and schools

concemed with the deaf and Deaf interpreting, and promulgate and issue the rules and regulations
for the implementation of this Act.

SECTION 9. Constitudonality. — Should any provision of this Act be declared invalid ot
unconstitutional, the validity or constirutionality of the other provisions shall not be affected
thereby

SECTION 10, Repeating Clause. — All laws, decrees, letters of instructions, resolutions, orders,
ordinances or parts thereof which are inconsistent with the provisions of this Act, are hereby
repealed, amended, or modified accordingly.

SECTION IL Effectivity. - This Act shall take effect fifteen (15) days after its publication in two
@) newspapers of general circulation.

Approved,