Deaf-mute child can be witness
Dear Atty. Joji,
I overheard a story from my mother that her kumare filed a complaint against her husband for violation of Republic Act 9262, or the “Anti-Violence against Women and their Children Act of 2004,” before the prosecutor’s office in Cainta, Rizal. It was said that aside from the kumare, the only witness to the acts of violence committed by the husband was the daughter who was a minor and who happens to be deaf-mute. Can she be a witness? Please enlighten us on this matter. Eve
Dear Eve,
Rule 130 of the Rules of Court makes clear the qualification of who may and may not be witnesses in court, to wit:
“Section 20. Witnesses; their qualifications — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.”
“Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be a ground for disqualification.”
“Section 21. Disqualification by reason of mental incapacity or immaturity — The following persons cannot be witnesses: (a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others; (b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully.”
Thus, the daughter is qualified to testify in court provided that she is capable of perceiving and can make her perception known to others. Relevant to this, a decision by the Supreme Court in People vs Esugon (GR 195244, 22 June 2015), penned by Chief Justice Lucas Bersamin, is enlightening on the qualification of a child witness, to wit:
“That the witness is a child cannot be the sole reason for disqualification. The dismissiveness with which the testimonies of child witness were treated in the past has long been erased. Under the Rule on Examination of a Child Witness, every child is now presumed qualified to be a witness. To rebut the presumption, the burden of proof lies on the party challenging the child’s competency. Only when substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court will the court, motu proprio or on motion of a party, conduct a competency examination of a child.”
The fact that the daughter happened to be a deaf-mute is not a ground to disqualify her as a witness. In People vs Aleman (GR 181539, 24 July 2013), the Court, through Chief Justice Teresita Leonardo-de Castro, had an occasion to explain, thus:
“A deaf-mute is not incompetent as a witness. All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. Deaf-mutes are competent witnesses where they (1) can understand and appreciate the sanctity of an oath; (2) can understand facts they are going to testify on; and (3) can communicate their ideas through a qualified interpreter.”
Hope this helps. Atty. Joji Alonso