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Philippine Bar review · Question

Practice question: Right Against Self-Incrimination

Essay Medium Jurisprudence

Practice question

An accused remains silent at trial and the prosecutor offers that silence alone as proof of guilt. Explain Rule 115’s protection and the continuing prosecution burden.

Legal references

  • Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 115, Section 1(a), (d)–(e).
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 17.

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