I Invoke My Right To Know The Right!
“I invoke my right against self-incrimination.” Aside from the line, “Hindi ko po alam (I don’t know),” this is the common utterance that has been probably overused by celebrated resource persons or witnesses during congressional or senate inquiries on controversial cases. For instance, the most recent to attest at the Senate is Janet Lim-Napoles, the alleged Pork Barrel scam mastermind. During her first Senate hearing, she repeatedly used the line to protect herself from being involved in the crime. What does this right against self-incrimination entail? Who are entitled to this right? When should a witness invoke such right? Can the authorities find other means to gather information even if the witness insists the right? Firstly, under Section 17 of Article III of the 1987 Philippine Constitution, “No person shall be compelled to be a witness against himself.” Lastly, to complement this, under the Rules of Criminal Procedure, particularly Rule 115, Section 1 [e], an...