MANILA, Philippines — A person with an intellectual disability is not disqualified from testifying in court solely because of his or her impairment, according to the Supreme Court.
In a ruling written by SC Senior Associate Justice Marvic Leonen, the high court upheld the conviction of Jose Roel Bragais and Alfredo Tacuyo for the murder of a 12-year-old girl as it accepted the testimony of a witness with an intellectual disability.
Bragais and Tacuyo were charged in 2011 for killing the girl.
The only witness was 28-year-old Mambo de la Cruz Delima, who was described by his mother as a “special child” with a speech impediment and “mental deficiency.”
Delima testified that on the date of the murder, he came home to his mother, saying, “Ma, I saw someone get raped. They even threatened to kill me.”
His mother immediately took him to the police station where he gave a statement.
With Delima’s intellectual stability, the prosecution asked permission from the trial court to ask him leading questions during his testimony, which is generally not allowed except in cases when it is difficult to get clear and understandable answers, particularly if the witness is a child.
The court granted the request after reviewing a mental health report that classified Delima’s condition as “moderate mental retardation” with a mental age of three to seven years old.
The report said that while Delima’s mental age is such, he was still competent to testify as a witness.
During his testimony, Delima identified Bragais and Tacuyo as the girl’s killers, leading to their conviction. They were sentenced to life in prison.
The court decision was promulgated in Julyred stag casino, but was made public on Dec. 5.