Practice question
An accused elects not to testify. The prosecutor asks the court to infer guilt solely from that election, without identifying any evidentiary presumption independent of silence. Which is best?
- Silence alone proves guilt beyond reasonable doubt.
- Rule 115 protects the accused from prejudice based on the exercise of silence.
- Only a witness called by the State may remain silent.
- The judge must add a separate sentence for silence.
- The prosecution’s burden automatically disappears.
Legal references
- Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 115, Section 1(d)–(e).
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 17.
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