Saturday, July 16, 2011
The Right Against Self-Incrimination
THE 1987 CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE III BILL OF RIGHTS Section 17. No person shall be compelled to be a witness against himself.
THE SCOPE : It applies to commutative testimony and not mechanical testimony. Commutative testimony involves the use of intelligence on the part of the accused or witness.
It is only when a particular question is addressed to which may incriminate himself for some offense that he may refuse to answer on the strength of the constitutional guaranty. (ROSETE, et al vs. LIM et al., G.R. No. 136051, June 8, 2006)
Kaya next time when a collector calls, try to tell him that per your lawyer’s advice, you are invoking your “Right Against Self-Incrimination”.
and you do not want to answer his questions.