Language purists, literalists, and interpreters could get you into trouble

Atty. Emmanuel Samonte Tipon 

"What is 'chair' in Tagalog?" a high school Tagalog teacher asked the student.
"Silya," he replied
"Wrong, it is 'salongpuwit,'" (literally, ass catcher) the teacher corrected him.
"If so, ma'am, is bra "salongsuso"? (breast catcher), the student retorted.
"Sit down," shouted the furious teacher. From that day forward, the teacher always called the student. The student never gave an answer that satisfied the teacher who gave the student a "D" (dumbbell? doldog (Ilocano for stupid)) in every grading period. Alarmed, the student went to see his uncle, a judge, telling him that his fellow student, the son of an ex governor had the same level of knowledge of Tagalog but got "C's", and asked his uncle what could be done. I'll see what I can do, said his uncle. The student got a final grade of "C". Instead of being a valedictorian, he became a boloktorian.

The student vowed never to have anything to do with Tagalogs. Well what do you know? He married a Tagalog and is living happily ever after.

Language purists do not want to import into their native language any foreign word. They pretend to be nationalists. Pseudo nationalists might be a better term. Developing a language is not the occasion for "nationalism." The English language is replete with imported words mostly from the French - fiancée, rendezvous. Even the English word "boondocks" was derived from the Tagalog word "bundok" meaning mountain.

Where there is no term in the local dialect, the purists import the English term but change the spelling to make it look local, which in some cases sounds funny. In an Ilocano glossary on the internet, which apparently is being given to Ilocano interpreters in the United States when they seek certification, the term "affidavit" was translated into Ilocano as "abidabit". Sounds like Abu Dhabi. In a Hawaii criminal court form, the word "circuit," was translated into Ilocano as "sirkuit". Sounds like Queen Sirikit.

In some cases, the Ilocano translation by the glossary consisted of a misspelled word taken from Spanish. Thus, "prejudice" was translated into "prehuisio" (actually it should be "perhuisio").

The word "larceny" was translated into Ilocano as "saan a legal a panangikot iti kukua ti maysa a tao" (did not legally turn the property of another person). What? How can a defendant intelligently plead to a charge of larceny based on that translation?

In fact the word "panangikot" is Ilocano/Tagalog, which confirms my suspicion that the author of the Ilocano glossary is an "Ilotag" (half Ilocano/half Tagalog).

The glossary's Ilocano translation of "Miranda warning" is "Palagip a mainaig iti napasamak iti Miranda". An Ilocano said that he has been speaking Ilocano for more than 70 years but he has never heard "palagip a mainaig". That translation will not help a defendant understand what a Miranda warning is and whether he was given such a warning when he was interrogated. The defendant might be saying "yes" just so he would not seem stupid, even though in reality he was not given the warning, which would be a ground to suppress his confession.

In one case the glossary compiler translated "pimping" as "di nasken" or "di importante". Obviously, the compiler does not know what a "pimp" is. So, if the defendant is charged with "pimping" and the interpreter translates it as "naidarum ka ti 'di importante," the defendant might  probably rejoice and say "Yes" thinking that the charge is "not important" and he would probably be let go, when in fact he could be convicted and be tagged as lacking in  "good moral character".

The glossary's Ilocano translation for "rape" is "aradas". Susmariosep. The word "aradas" does not mean "rape". It means crawling on all fours stealthily at night with the intention of going to a woman’s bed and making love with her, not necessarily by force. (Full disclosure: This writer has never tried this).  It does not mean that the "aradasero" achieved his objective. So if the interpreter were to ask the defendant: "Ti caso contra kenka ket napan ka nag-aradas - guilty wenno not guilty." The defendant who did not even reach the woman's bed when the woman heard his heavy breathing and made an outcry, might say "guilty", thinking that “aradas” does not really mean “rape” since he did not even touch the woman and therefore it is not a serious matter and he will be given probation. But in fact he could get a lengthy jail term and be deported for having committed an aggravated felony because the court and interpreter using the glossary thought “aradas” is the correct translation for “rape”.

A Hawaii court form translated the word “waiver” into Ilocano as “panangbaybay-a” which all the Ilocanos at a recent interpreter seminar admitted they never heard of.  How can an Ilocano defendant intelligently decide whether or not to waive his rights if he does not understand the words of the form? The word “waive” means “to give up”. If there is no Ilocano word for “waiver,” why not simply say “pinang i-give up”.  Every Ilocano knows what “give up” means. Why do the purists concoct words that nobody understands? The purpose of translation is to facilitate communication with those who have limited English proficiency (LEP).

One morning, a lady whom this writer met at a seminar for interpreters called asking for help in preparing for an English exam. She asked what an "idiom" was. I know "idiot" but I do not know "idiom," I joked. She said that the practice exam contained "idioms" and asked what this sentence meant: "After losing a big case, the lawyer went home, his career all washed up." The literalists would probably translate this as: "Pagkatapos natalo ang abogado sa malaking caso, umuwi at hinugasan ang buong kotse."

In an immigration case, the alien was asked what he did in his native country before coming to the U.S. He said that he was a "cook". The interpreter translated it as "crook". The alien was ordered deported.

RIGHT TO COMPETENT INTERPRETER

The right to an interpreter is given to criminal defendants and aliens in removal proceedings under the due process and equal protection clauses of the Constitution and under various federal and state laws and regulations.  Like the right to a lawyer which means a competent lawyer, the right to an interpreter also means a competent interpreter.

A recent television story said that there was a need for competent Ilocano interpreters in Hawaii to insure fairness in the administration of justice. There are about 250,000 Ilocanos in Hawaii which has a total population of 1,250,000. Could the lack of competent interpreters be a factor in the numerous convictions and deportations of Ilocanos?

   
      (Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites:  www.MilitaryandCriminalLaw.com; www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)