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Unformatted text preview: constitute threats to their liberty, security, and life, actionable through a petition for a Writ of Amparo. (Sec. of National Defense and AFP Chief of Staff v. Manalo, G.R. No. 180906, Oct. 7, 2008) s. RIGHT AGAINST SELF‐INCRIMINATION Q: When is the right available? A: The right is available not only in criminal prosecutions but also in all other government proceedings, including civil actions and administrative or legislative investigations that possess a criminal or penal aspect—but not to private investigations done by private individual (BPI vs. CASA, 430 SCRA 261). It may be claimed not only by the accused but also by any witness to whom a question calling for an incriminating answer is addressed. Q: When is a question incriminating? A: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Q: When is the right against self‐incrimination applied? A: The privilege against self‐incrimination can be claimed only when the specific question, incriminatory in character, is actually addressed to the witness. It cannot be claimed at any other time. It does not give a witness the right to disregard a subpoena, to decline to appear before the court at the time appointed. The privilege against self‐incrimination is not self‐
executing or automatically operational. It must be claimed. It follows that the right may be waived, expressly, or impliedly, as by a failure to claim it at the appropriate time. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 107 UST GOLDEN NOTES 2011 Q: What is the difference between an accused and an ordi...
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