Requests of Lower Courts for the Hiring of Services of Foreign Language Interpreters in Actions or Proceedings in Courts

July 19, 2011

OCA CIRCULAR NO. 102-11

 

For the information and guidance of all courts concerned, quoted hereunder is the Memorandum dated 25 May 2011, which was approved by the Honorable Chief Justice Renato C. Corona on 30 May 2011, granting the Court Administrator authority to act on and approve requests of lower courts to hire the services of foreign language interpreters in actions or proceedings where such service/s would be rendered, to wit:

"xxx xxx xxx.

"The Court, acting on previous similar requests on the hiring of services of sign language interpreters, issued Memorandum Order No. 59-2004 dated 10 September 2004, 1 authorized the Court Administrator to act on and grant requests of trial court judges to hire the services of sign language interpreters in actions or proceedings where such services would be rendered. Subsequently, OCA Circular No. 104-2007 dated 18 October 2007 2 was issued providing guidelines on the payment of service/s rendered by a hired sign language interpreter, to wit:

"xxx xxx xxx.

"1.Upon recommendation of the Presiding Judge and after confirmation/approval of the Court Administrator, the designated sign language interpreter shall render the services required.

"2.For payment of the services rendered, the designated sign language interpreter shall submit the following documents to the Finance Division, FMO-OCA;

a)Confirmation/Approval by the Court Administrator of the designation as sign language interpreter;

b)Certificate of appearance issued by the Branch Clerk of Court of Officer-in-Charge;

c)Certified copy of the minutes of the hearing.

"3.For cases to be heard within the NCJR, the designated sign language interpreter shall be entitled to a fee to be fixed by the Court Administrator in a per day or per appearance basis.

"4.For cases to be heard outside the NCJR, the sign language interpreter shall likewise be entitled to an additional expense allowance, and traveling and transportation allowance subject to the guidelines set forth under SC Administrative Circular No. 15-2005 dated March 22, 2005, if the sign language interpreter shall come from the NCJR. However, where there is an available sign language interpreter outside the NCJR, they shall only be entitled to the fee fixed by the Court Administrator.

The amount specified for the purpose shall be chargeable against the savings in appropriations for the lower courts, subject to the compliance of Item No. 2 hereof."

"In the interest of the service, and in order to avoid delays in the processing of analogous requests of lower courts, the Court may similarly authorize the Court Administrator to act on and grant requests of trial court judges to hire the services of foreign language interpreters, such as German, Japanese, Chinese interpreters and the like, in actions or proceedings where such services would be rendered. The guidelines set forth in the payment of service/s rendered by a hired sign language interpreter as cited in OCA Circular No. 104-2007, may likewise be adopted for purposes of the payment of services of hired foreign language interpreter/s.

"In view of the foregoing, we respectfully recommend for the consideration of the Honorable Court that the Court Administrator be GIVEN authority to act on and grant requests of lower court judges to hire the services of foreign language interpreters in actions or proceedings where such services would be rendered, subject to the guidelines on the payment of service/s rendered set forth in OCA Circular No. 104-2007 dated 18 October 2007."

For your information and guidance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

Footnotes

1."Authorizing the Court Administrator to Act on and Approve Requests of Lower Courts for the Hiring of Sign Language Interpreters".

2."Guidelines on the Payment of the Services of a Hired Sign Language Interpreter".