The issue arose during the July 13 impeachment trial of Vice President Sara Duterte after private prosecutor Atty. Amando Virgil Ligutan briefly spoke in Waray while questioning National Bureau of Investigation (NBI) Regional Director Jeremy Lotoc, who is also from Eastern Visayas.
Defense counsel Atty. Mark Vinluan objected, saying he could not understand what Ligutan was saying and argued that proceedings shall be conducted in Filipino or English.
Ligutan countered that Waray is one of the country’s Filipino languages. Presiding Officer Francis Escudero noted that the impeachment rules indeed specify Filipino and English, but allowed the brief exchange, saying, “I will let it go once in a while, but not each time.”
What does Philippine law say?
The 1987 Constitution guarantees due process and the right of parties, particularly the accused in criminal cases, to meaningfully participate in judicial proceedings. While no law limits spoken courtroom language to English or Filipino, courts ensure that proceedings remain understandable to all parties through interpretation or translation when necessary.
Philippine courts may use interpreters or translations when necessary to ensure that participants understand the proceedings, consistent with the constitutional guarantee of due process. This principle is also reflected in Republic Act No. 11106 (Filipino Sign Language Act), which requires qualified interpreters for deaf participants in judicial proceedings.
Under Rule 130, Section 16 of the Rules of Court, documents written in a language other than English or Filipino must be accompanied by an English or Filipino translation before they may be admitted into evidence. Yet, this doesn’t apply to the spoken language used during hearings.
Overall, Philippine law does not generally prohibit lawyers, witnesses, or parties from speaking Waray or other Philippine languages in court. However, courts and tribunals may adopt their own procedural rules governing how proceedings are conducted.
In the July 13 impeachment trial, the objection was based on the Senate Impeachment Court’s pre-trial order, which provides for the use of Filipino and English, rather than on any nationwide law prohibiting the use of Waray in court.
