SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENaTE 
S.No. 
~741 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
APR 29 P2 :111 
PROVIDING FOR INTERPRETERS IN ALL JUDICIAL, QUASI-JUDICIAL, 
INVESTIGATIVE PROCEEDINGS AND PUBLIC HEARINGS INVOLVING DEAF 
INDIVIDUALS 
EXPLANATORY NOTE 
It is appalling that one out of every three Deaf women in the Philippines is 
sexually harassed or raped. 1 Even more lamentable is that these cases and all other 
involving the Deaf are mostly unreported primarily because of communication barriers 
between them and those who are a key to successful prosecution such as the victim's own 
family, and more importantly, the authorities. If ever the Deaf pursues a case against the 
perpetrator, slhe is met with great difficulty starting from the filing of the complaint and 
throughout the trial. Most of the time, no interpreter is present to explain to the Deaf 
affidavits slhe needs to sign. If there are, they are informal interpreters who do not 
possess the necessary qualifications to sign correctly and effectively. At trials, Deaf 
interpreters due to lack of qualifications, struggle with signing legal jargons. Some 
unschooled deaf require Deaf relay interpreters whom the poor and uneducated deaf 
cannot afford. 2 
Indeed, of213 cases involving the Deaf with known data, only 24% have court-
appointed interpreters. 44% have volunteer interpreters, 21% have unconfirmed 
appointed interpreters, while 11% have no interpreters at all. For 63 cases of unschooled 
1 Shahani, The Sexual Abuse of Deaf Women: a Human Rights Scandal, Philippine Star, 30 March 2015 < 
http://www.philstar.com/opinionI20 I 5/03/30/14 3 8360/sexuaI,abuse-deaf-women,human-rights,scandaI> 
21d. 


deaf parties requiring a Deaf Relay Interpreter, only 25% have been appointed one while 
the remaining 75% have none.3 
This bill seeks to provide qualified interpreters to all judicial, quasi-judicial, 
investigative proceedings and public hearings involving the Deaf. It aims to promote 
awareness within our legal system as to the duty of the State to provide its people, the 
marginalized most especially, access to the courts. The right of the Deaf to access to the 
courts includes the right to adequate and effective legal representation and interpretation.4 
3 Martinez, Access to Justice: Case monitoring by the Philippine Deaf Resource Center (2006-2012) < 
http://www.phildeafres.orgifiles/PD RC _Case _ MonitorinL 2006-20 12. pdf> 
4 This bill was filed as House Bill No. 2905 during the First Regular Session of the 16'h Congress by 
Representatives Ned J. Colmenares, Carlos Isagani Zarate, and Antonio L. Tinio. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2741 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'15 
APR 29 P2 :18 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
PROVIDING FOR INTERPRETERS IN ALL JUDICIAL, QUASI-JUDICIAL, 
3 
INVESTIGATIVE PROCEEDINGS AND PUBLIC HEARINGS INVOLVING DEAF 
4 
INDIVIDUALS 
5 
SECTION 1. Short Title. - This Act shall be known as "Court Interpreters for the 
6 
Deaf Act." 
7 
SECTION 2. Declaration of Policy. - It is the policy of the State to provide 
8 
persons with disability access to the courts and quasi-judicial bodies, and adequate legal 
9 
assistance. 
10 
SECTION 3. Definition of Terms. - As used in this Act, the term: 
11 
(A) 
"deaf' means a person who has an audiological impairment that makes him 
12 
or her unable to hear, or experience difficulty in hearing. Deaf in uppercase D specifically 
13 
refers to a person who uses the visual language of the community as his or her primary 
14 
means of communication in daily life, and supports its goals and values as a linguistic 
15 
and cultural minority. This Act primarily refers to individuals who acquired hearing loss 
16 
in the early years oflife, and not Senior Citizens. 
1 


(B) 
"Hard of hearing" means a person who can understand words only if 
2 
spoken very loud or close to the ear and has severe difficulties if there are other sources 
3 
of noise. People who are hard of hearing include those who can be helped with a hearing 
4 
aid. 
5 
(C) 
"Linguistically isolated deaf' means a deaf individual who has extremely 
6 
poor overall communication skills. 
This individual usually has had minimal or no 
7 
schooling and uses only home signs or gestures (Le., uses signs different from the signs 
8 
commonly used in the community); and, has extremely limited vocabulary and 
9 
fingerspelling skills. 
10 
(D) 
"Deaf interpreter or Deaf relay interpreter" means an interpreter who is deaf 
11 
and relays information between a linguistically isolated deaf client and a hearing 
12 
interpreter. 
13 
(E) 
"Consecutive interpreting" means the process of interpreting wherein the 
j 4 
interpreter transmits information into the target language after the speaker or signer 
15 
pauses upon completing one or more ideas from the source language. 
16 
(F) 
"Simultaneous interpreting" means the process of interpreting into the 
17 
target language at the same time the source language is being delivered. 
18 
(G) 
"Manual 
communication" 
means 
vanous 
forms 
of visual-spatial 
19 
communication utilizing the hands, face and body. For the Philippines, this includes: the 
20 
natural sign language, Filipino Sign Language; Manually Coded English systems, and 
21 
nonstandard gestures. 
22 
SECTION 4. Hiring of interpreters. - All courts, quasi-judicial bodies, agencies 
23 
and government institutions conducting investigations and public hearings shall hire 
24 
interpreters for proceedings involving individuals ascertained to be deaf through accepted 
25 
clinical standards and procedures. However, a deaf individual may waive the right to an 
2 


1 
interpreter. The concerned body that hired the services of the interpreter shall provide the 
2 
budget for the prompt payment of interpreters which shall be on a per appearance basis, 
3 
including travel, board and lodging as well as other expenses before the case is filed in 
4 
court. 
5 
SECTION 5. Qualifications o/interpreters. - Until an official and national testing 
6 
mechanism and certification procedure is developed for interpreters and recognized by 
7 
the government, a qualified interpreter shall be selected on the basis of the following: 
8 
(A) 
Endorsement under oath by registered deaf organizations or federation that 
9 
the interpreter has interpreting experience of at least four years (for hearing interpreters), 
10 
or one year (for deaf interpreters); and 
11 
(B) 
Empirical demonstration of his/her language competencies and interpreting 
12 
ability. 
13 
Supplementary documentation on language competency and interpretation ability 
14 
of hearing interpreters includes interpreter training, work-related interpreting experience, 
15 
sign language instruction and relationship to Deaf family members. 
16 
Selection of the appropriate qualified interpreter(s) should be based on language 
17 
competency which matches that of the deaf client. 
18 
A person related within the third degree of affinity or consanguinity to any of the 
19 
parties, witnesses, and other participants of the case cannot be appointed as the 
20 
interpreter. 
21 
Deaf counselors who have previously worked with the deaf or the hard of hearing 
22 
party, witness, or participant cannot be appointed as interpreter for the case .. 
23 
SECTION 6. Guidelines. - To protect the rights of the deaf individual and the 
24 
interpreter/s, the following guidelines shall be observed: 
3 


1 
(A) 
Appointed interpreters provide a service equally to the deaf clients and the 
2 
hearing members of the court. Thus they shall interpret the entire proceeding and not 
3 
only the testimony of the deaf party. For cases of sexual abuse, the interpreter/s should 
4 
be the same gender as the offended party. Accommodations should be procedurally and 
5 
age-appropriate, and also gender-sensitive and non-discriminatory; 
6 
(B) 
For linguistically isolated deaf, the court shall appoint a hearing interpreter 
7 
and a Deaf relay interpreter; 
8 
(C) 
To address interpreting fatigue, the interpreter must be given adequate rest 
9 
after 30 minutes of continuous interpreting, according to medically accepted standards for 
10 
the prevention of Repetitive Strain Injury; 
11 
CD) 
All interpreters are bound by the common duty to observe confidentiality 
12 
and neutrality before, during, and after the proceedings; 
13 
(E) 
In cases where there is more than one deaf party, witness or participant, and 
14 
these deaf individuals have been ascertained to have different communication and 
15 
interpreting needs, then separate interpreters with the required skills shall be appointed; 
16 
(F) 
Consecutive interpreting shall be used when the deaf is linguistically 
17 
isolated, or in other situations when this would be more effective than simultaneous 
18 
interpreting; 
19 
(G) 
Interpreting should also be provided during the administration of justice by 
20 
police and prison staff. 
21 
SECTION 7. Orientation of Interpreters. - Qualified interpreters shall be trained 
22 
in ethical responsibilities, terms and legal concepts under a program to be established by 
23 
the Supreme Court and the Department of Justice, in partnership with groups such as the 
24 
Philippine Federation of the Deaf. 
4 


1 
SECTION 8. implementing Rules and Regulations. - Within sixty (60) days from 
2 
the effectivity of this Act, the Department of Social Welfare and Development, the 
3 
National Council on Disability Affairs, the Department of Justice, the Supreme Court and 
4 
other concerned govermnent bodies and shall work together, in coordination with non-
S 
government organizations and schools concerned with the deaf and Deaf interpreting, and 
6 
promulgate and issue the rules and regulations for the implementation of this Act. 
7 
SECTION 9. Separability Clause. - If any provision or part hereof is held invalid 
8 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
9 
remain valid and subsisting. 
10 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, 
11 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
12 
or inconsistent with, the provision of this Act is hereby repealed, modified, or amended 
13 
accordingl y. 
14 
SECTION 11. Effectivity Clause. - This Act shaH take effective 15 days after its 
15 
publication in at least two newspapers of general circulation. 
Approved, 
Itmdp23April20 15 
5