G.R. No. 121176. July 8, 1999.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARLON PARAZO Y FRANCISCO, accused-appellant.

FACTS

This is an automatic review of Criminal Case Nos. 6167 and 6168 for rape and frustrated homicide from the Regional Trial Court, which imposed the death penalty on accused-appellant Marlon Parazo y Francisco. On May 14, 1997, the Supreme Court affirmed with modification the trial court’s Joint Decision, finding the appellant guilty of rape under Section 11 of Republic Act No. 7659 and sentencing him to death, and modifying the penalty for frustrated homicide. The appellant filed a Motion for Reconsideration. The Court granted his motion to undergo medical examination. Examinations conducted by the Supreme Court Clinic Services and the UP-PGH Medical Center revealed that the appellant is deaf, suffers from mental retardation with an estimated IQ of 60 and a mental age of 7 years and 9 months, is unable to understand both written and spoken language, and could not participate in any verbal assessment procedure due to his inability to speak. The Court noted that during his arraignment and trial, no qualified sign language interpreter was provided to him, and he was assisted only by a counsel de oficio who did not know sign language. The trial court also failed to ensure he understood the charges against him.

ISSUE

Whether the accused-appellant was deprived of his constitutional right to due process, specifically the right to be informed of the nature and cause of the accusation against him and to have a fair trial, due to the lack of a competent sign language interpreter during his arraignment and trial, considering his condition of deafness and mental retardation.

RULING

Yes. The Supreme Court vacated its Decision of May 14, 1997 and set aside the Joint Decision of the trial court. The Court ruled that the absence of a qualified sign language interpreter and the failure to employ means to inform the accused of the charges against him, given his deafness and mental retardation, deprived him of his fundamental right to due process. This denial impaired the accuracy and fairness of the proceedings and violated his rights to be heard by himself and counsel and to be informed of the accusation. Consequently, the appellant is granted a re-arraignment and re-trial with the assistance of counsel and a competent sign language expert before the Executive Judge of the Regional Trial Court of Muntinlupa City.