The Supreme Court of the Philippines has reaffirmed that individuals with intellectual disabilities are eligible to testify in court, as demonstrated in a recent murder case. The court upheld the conviction of Jose Roel Bragais and Alfredo Tacuyo for the murder of a 12-year-old girl, based on the testimony of 28-year-old Mambo Dela Cruz Delima, who has a speech impediment and intellectual disability.
In a ruling penned by Senior Associate Justice Marvic Leonen, the Supreme Court’s Second Division emphasized the validity of Delima’s testimony, despite his disabilities. The court also stressed the importance of using people-first language, advocating for terms that prioritize the person over their disability. The term ‘mental retardate’, though medically accurate, was noted as outdated and carrying negative connotations.
The incident in question occurred in 2011, when Delima witnessed the crime and reported it to his mother, who then accompanied him to the police station. During the trial, the prosecution was allowed to use leading questions to assist Delima in providing clear testimony, a practice generally restricted but permitted under specific circumstances such as when the witness has an intellectual disability.
Delima’s mental age was assessed to be between three and seven years old, yet he was deemed competent to testify. His identification of Bragais and Tacuyo as the perpetrators was consistent and credible, leading to their conviction by the Regional Trial Court (RTC), a decision later upheld by the Court of Appeals and the Supreme Court.
The Supreme Court’s decision underscores that the ability to testify hinges on the witness’s capacity to communicate their knowledge effectively. The court found that Delima’s testimony met these criteria, leading to the affirmation of the murder conviction. Bragais and Tacuyo were sentenced to life imprisonment and ordered to pay PHP 275,000 to the victim’s heirs, with additional interest until full payment.