‘Special’ witnesses can testify, says SC

The Supreme Court (sc) has ruled that intellectual disability does not disqualify a person from testifying in court.

In a decision penned by Senior Associate Justice Marvic Leonen dated 29 July 2024, the high court upheld the conviction of two men identified as Jose Roel Bragais and Alfredo Tacuyo for the murder of a 12-year-old girl, relying heavily on the testimony of a witness with an intellectual disability.

Reports said that the witness, Mambo Dela Cruz Delima — a 28-year-old man with a speech impediment and a mental age of 3 to 7 years old — provided crucial testimony that helped identify the perpetrators.

The court stressed the importance of treating individuals with disabilities with dignity and using “people-first language” to prioritize their humanity. The ruling sets a precedent that disabilities do not diminish a person’s ability to provide truthful testimony.