ordinary witness may be compelled to take the witness stand and claim the

Ordinary witness may be compelled to take the witness

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ordinary witness may be compelled to take the witness stand and claim the privilege as each question requiring an incriminating answer is shot at him, an accused may altogether refuse to take the witness stand and refuse to answer any and all questions. **Standard Chartered v. Senate – 541 SCRA 546 Petitioner Jaime. dela Cruz was charged with violation of Section 15, Article II of Republic Act No. (R.A.) 9165, or The Comprehensive Dangerous Drugs Act of 2002. After having been arrested by agents of the National Bureau of Investigation (NBI) in an entrapment operation, was found positive for use of METHAMPHETAMINE HYDROCHLORIDE commonly known as "Shabu", the dangerous drug after a confirmatory test conducted on said accused. However, the defense presented petitioner as the lone witness. He denied the charges and testified that while eating at the said fastfood (Jollibee) branch, he was arrested allegedly for extortion by NBI agents. When he was at the NBI Office, he was required to extract urine for drug examination, but he refused saying he wanted it to be done by the Philippine National Police (PNP) Crime Laboratory and not by the NBI. His request was, however, denied. He also requested to be allowed to call his lawyer prior to the taking of his urine sample, to no avail. Whether the drug test was a violation of petitioner’s right against self- incrimination Answer : Yes. The drug test was a violation of petitioner’s right to privacy and right against self- incrimination. It is incontrovertible that petitioner refused to have his urine extracted and tested for drugs. He also asked for a lawyer prior to his urine test. He was adamant in exercising his rights, but all of his efforts proved futile, because he was still compelled to submit his urine for drug testing under those circumstances. Dela Cruz v. People of the Phil. GR No. 200748, July 23 2014
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  • Fall '16
  • criminal law, Fifth Amendment to the United States Constitution, Trial court, Tan Teng

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