Voices for the Voiceless: Ensuring Justice for Victims with Intellectual Disabilities

Victims with intellectual disabilities are often rendered voiceless, their experiences easily dismissed or overlooked. However, Philippine jurisprudence recognizes their right to be heard and understood in the pursuit of justice. This landmark case affirms that intellectual disability does not automatically disqualify a person from testifying in court, especially in cases of sexual assault, ensuring that the vulnerable are not further victimized by a system that silences them.

G.R. No. 137659, September 19, 2000

INTRODUCTION

Imagine a society where the most vulnerable among us are denied the right to speak their truth in court. This was almost the reality for Nobelita Trelles, a woman with an intellectual disability who bravely testified against her own father for rape. Her case, initially met with skepticism due to her mental condition, reached the Supreme Court of the Philippines, raising a crucial question: Can a person with an intellectual disability be considered a credible witness in a rape case? This case not only underscores the horrific crime of incestuous rape but also highlights the Philippine legal system’s evolving approach to ensuring justice for individuals with disabilities.

Amadeo Trelles was accused of raping his daughter, Nobelita, who had an intellectual disability. The central issue revolved around whether Nobelita, despite her condition, could be a credible witness, and whether her testimony, though fragmented and simple, could be the basis for a conviction. The Supreme Court’s decision in this case serves as a powerful affirmation of the rights of individuals with intellectual disabilities to participate in legal proceedings and have their voices heard.

LEGAL CONTEXT: WITNESS COMPETENCY IN THE PHILIPPINES

Philippine law, specifically the Rules of Court, addresses the competency of witnesses. Rule 130, Section 20 states, “Except as provided in the succeeding section, all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.” This broad definition sets the stage for inclusivity, suggesting that the ability to communicate one’s perception is the primary criterion for competency.

However, the law also acknowledges potential limitations. While intellectual disability is not explicitly mentioned as a disqualification, concerns about a witness’s capacity to understand the oath, perceive events, and communicate truthfully are valid. Crucially, Philippine courts have consistently held that mental incapacity is not an automatic bar to testifying. The focus is on whether the witness can provide a reasonably intelligent account of events, even if their testimony is not perfectly articulate or consistent.

Previous Supreme Court decisions have laid the groundwork for this principle. In *People vs. Salomon*, the Court upheld the testimony of a mentally impaired complainant. Similarly, in *People vs. Gerones*, the Court gave credence to the testimony of a rape victim with a mental age of a 10-year-old, despite its simplicity. These cases demonstrate a judicial trend towards recognizing the validity of testimony from individuals with intellectual disabilities, provided they can communicate their experiences in their own way.

The Revised Penal Code, Article 335, as amended by RA 7659, defines and penalizes rape. It is particularly relevant in this case because it specifies the penalty of *reclusion perpetua* when the victim is, among other conditions, “demented.” This legal provision recognizes the heightened vulnerability of individuals with intellectual disabilities to sexual abuse and prescribes a severe punishment for perpetrators who exploit this vulnerability.

CASE BREAKDOWN: *PEOPLE OF THE PHILIPPINES VS. AMADEO TRELLES*

The story unfolded in Camarines Sur, where Nobelita Trelles’s pregnancy revealed a hidden horror. Her mother, Azucena, discovered Nobelita was pregnant and, upon persistent questioning, Nobelita identified her father, Amadeo Trelles, as the perpetrator. Amadeo was charged with rape. The information filed against him stated that he “wilfully, unlawfully and feloniously have carnal knowledge with his full-blood 18 year old feeble-minded legitimate daughter Nobelita Trelles y Silvano against her will…as a result of which said victim was impregnated and subsequently delivered an incestous child…”

At trial, Nobelita’s testimony was central. Despite her intellectual disability, she was able to communicate key facts. When asked what happened in June 1996, she used the word “babaw,” which, in the Bicol dialect, could mean “on top” or “shallow.” The court clarified that in this context, it meant “on top,” implying a sexual act. She identified her father as having a “bad smell” in connection to this event. Most importantly, she directly pointed to her father in court as the person who committed “babaw” on her, further clarifying that “babaw” meant “sexually assaulted (kinado).”

Amadeo Trelles denied the accusations, claiming alibi and suggesting that Nobelita’s mother had falsely accused him due to marital issues. His defense hinged on inconsistencies in Nobelita’s testimony during cross-examination, where she sometimes answered “none” when asked who assaulted her, and mentioned “the mountain” as the location, contradicting earlier statements.

The trial court, however, gave credence to Nobelita’s testimony, finding Amadeo guilty of rape and sentencing him to *reclusion perpetua*. The court highlighted that despite her limitations, Nobelita consistently identified her father as the perpetrator. The trial court stated:

“WHEREFORE, in view of all the foregoing premises, judgment is hereby rendered finding the herein accused AMADEO TRELLES, guilty beyond reasonable doubt of the offense of RAPE… hereby imposing upon him the penalty of imprisonment of RECLUSION PERPETUA…”

On appeal, the Supreme Court affirmed the trial court’s decision. The Supreme Court addressed the defense’s arguments about inconsistencies in Nobelita’s testimony by emphasizing her intellectual disability. The Court reasoned that:

“Accused-appellant forgets that Nobelita Trelles is feebleminded and a mental retardate. She could not very well be expected to consistently impart accurate responses to questions repeatedly propounded to her.”

The Supreme Court reiterated the principle that intellectual disability does not automatically disqualify a witness. It cited previous jurisprudence and legal scholars to support the view that as long as a person with intellectual disability can provide a reasonable narrative, their testimony is admissible. The Court concluded:

“In the instant case despite her monosyllabic responses and her crude language, at times even impertinent answers, Nobelita Trelles nonetheless unwavered in her accusation against Amadeo Trelles and showed that she fully understood the words *’papa,’ ‘kinado’* and *’babaw.’*”

The Supreme Court upheld the conviction and even increased the award of damages to Nobelita, adding moral damages to the civil indemnity.

PRACTICAL IMPLICATIONS: PROTECTING VULNERABLE WITNESSES IN COURT

This case has significant implications for the legal treatment of vulnerable witnesses, particularly those with intellectual disabilities. It reinforces the principle that the Philippine justice system strives to be inclusive and protective of all individuals, regardless of their cognitive abilities. The key takeaway is that courts must assess the credibility of witnesses with disabilities with sensitivity and understanding, taking into account their individual communication styles and limitations.

For legal practitioners, this case serves as a reminder to:

• Avoid automatic dismissal of testimony: Do not assume that a person with an intellectual disability is an unreliable witness. Focus on their capacity to perceive and communicate, however imperfectly.
• Employ appropriate questioning techniques: Use simple, direct questions, and allow for non-verbal communication. Be patient and understanding during examination.
• Present corroborating evidence: While the testimony of a person with an intellectual disability can be sufficient, corroborating evidence strengthens the case. In *Trelles*, the pregnancy and medical examination served as crucial corroboration.
• Educate the court: If representing a vulnerable witness, be prepared to educate the court about intellectual disabilities and effective communication strategies.

For individuals and families dealing with similar situations, this case offers hope and reassurance. It demonstrates that the Philippine legal system can be accessed and can provide justice, even for those who may face communication barriers due to intellectual disabilities. It encourages victims and their families to come forward, knowing that their voices can be heard and validated in court.

Key Lessons from *People vs. Trelles*:

• Intellectual disability does not automatically disqualify a person from being a witness.
• The focus is on the witness’s ability to perceive and communicate their perception, not on perfect articulation or consistency.
• Courts must assess credibility with sensitivity and understanding in cases involving vulnerable witnesses.
• Corroborating evidence strengthens cases involving testimony from persons with intellectual disabilities.
• The Philippine legal system aims to protect and provide justice for vulnerable individuals.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q: Can a person with an intellectual disability be a witness in court in the Philippines?

A: Yes, absolutely. Philippine law does not disqualify individuals solely based on intellectual disability. The key is their ability to perceive events and communicate those perceptions, even if their communication is simple or non-traditional.

Q: How is the credibility of a witness with an intellectual disability assessed?

A: Courts assess credibility with sensitivity, considering the individual’s communication style and limitations. Judges look for consistency in key details and may rely on corroborating evidence to support the testimony. The focus is on the substance of the testimony rather than perfect articulation.

Q: What are the rights of vulnerable witnesses in the Philippine legal system?

A: Vulnerable witnesses, including those with intellectual disabilities, are entitled to fair treatment and protection within the legal system. This includes the right to have their testimony heard, to be treated with respect, and to have accommodations made to facilitate their participation in court proceedings.

Q: What constitutes rape under Philippine law?

A: Rape under Article 335 of the Revised Penal Code, as amended, is committed when a man has carnal knowledge of a woman under specific circumstances, including when the woman is deprived of reason or otherwise unconscious of the act, or when force or intimidation is used. In the context of victims with intellectual disabilities, their inability to give rational consent is a crucial factor.

Q: What is *reclusion perpetua*?

A: *Reclusion perpetua* is a penalty under Philippine law, meaning life imprisonment. It is a severe punishment reserved for heinous crimes, including rape under certain aggravated circumstances, such as when the victim is demented or under twelve years of age.

Q: What kind of support is available for victims of sexual assault in the Philippines?

A: Various government agencies and NGOs provide support for victims of sexual assault in the Philippines, including counseling, medical assistance, legal aid, and shelter. Organizations like the Department of Social Welfare and Development (DSWD) and women’s rights groups offer crucial services.

Q: How can families support a loved one with an intellectual disability who has experienced sexual assault?

A: Support includes providing emotional care, seeking professional counseling, reporting the crime to authorities, and seeking legal assistance. Patience, understanding, and a belief in the victim are crucial. Connecting with support groups and organizations specializing in disability and sexual assault can also be invaluable.

Q: Are affidavits of desistance always grounds for dismissal of a rape case?

A: No. As highlighted in the *Trelles* case, affidavits of desistance, especially if executed due to fear or coercion, and after the criminal action has been instituted, are not automatically grounds for dismissal. Courts will look into the circumstances surrounding the desistance.

Q: What if the exact date of the rape is not clear?

A: The exact date is not a critical element for rape conviction in the Philippines. As long as the prosecution can prove that the rape occurred within a reasonable timeframe and within the jurisdiction of the court, discrepancies in the exact date will not necessarily invalidate the case.

Q: Where can I find legal assistance if I or someone I know needs help with a case involving sexual assault?

A: You can seek legal assistance from law firms specializing in criminal law, public legal assistance offices (PAO), and non-governmental organizations offering legal aid. It is important to consult with a lawyer experienced in handling cases of sexual assault, particularly those involving vulnerable victims.

ASG Law specializes in Criminal Law, Family Law, and Human Rights Law. Contact us or email hello@asglawpartners.com to schedule a consultation.