Supreme Court Upholds Conviction Based on Testimony of Witness with Intellectual Disability.

Manila: The Supreme Court (SC) reaffirmed that individuals with intellectual disabilities are eligible to testify in court, as it upheld the murder conviction of two men in a case where the sole eyewitness was a 28-year-old with a speech impediment and mental deficiency. The decision, penned by Senior Associate Justice Marvic Leonen, found Jose Roel Bragais and Alfredo Tacuyo guilty of murder, emphasizing the validity of testimony from witnesses with intellectual disabilities. According to Philippines News Agency, the SC ruling also underscored the need for improved terminology when referring to individuals with disabilities, advocating for people-first language. While 'mental retardate' remains a legitimate medical term, the SC discouraged its use due to negative connotations. In the case at hand, Bragais and Tacuyo were charged with the 2011 murder of a 12-year-old girl. The key witness, Mambo Dela Cruz Delima, was described by his mother as a 'special child' with a speech impediment and some mental defici ency. On the day of the murder, Delima reported to his mother that he witnessed a crime and was threatened. His mother escorted him to the police, where she assisted during the statement process. During the trial, the prosecution requested permission to ask Delima leading questions, which are typically disallowed during direct examination but permitted in special circumstances, such as when a witness has an intellectual disability. The Regional Trial Court (RTC) allowed the request, contingent on proof of Delima's mental age. A report from the National Center for Mental Health classified Delima's condition as 'moderate mental retardation,' with a mental age between three and seven years. Despite this, he was deemed competent to testify and identified Bragais and Tacuyo as the perpetrators. The RTC convicted the men, a decision later upheld by the Court of Appeals and subsequently by the SC upon appeal. In its final ruling, the SC reinforced that a witness's competency is determined by their capacity to com municate knowledge clearly and understandably. The SC highlighted that the RTC had independently assessed Delima's credibility, finding his testimony consistent and reliable in identifying the accused. The prosecution successfully established the elements of murder, leading to the sentencing of Bragais and Tacuyo to reclusion perpetua. They were also ordered to compensate the victim's heirs PHP 275,000 plus interest.