Practice question
An ordinary subpoenaed witness in a civil accounting case expects questions on both routine records and possible personal diversion of funds. Before any question is asked, the witness refuses to appear at all solely under Section 17. The witness is not an accused called to testify in the witness's own criminal prosecution. Under Fajardo's ordinary-witness discussion, which is best?
- Every subpoena must be ignored whenever a witness imagines criminal exposure.
- The privilege can never apply to any accounting question.
- The witness generally must appear and may assert the privilege when a particular question is actually incriminating, rather than treat it as a blanket excuse to disregard the subpoena.
- The witness must answer every question even if it compels a criminal admission.
- The subpoena automatically grants immunity from prosecution.
Legal references
- Fajardo v. People, G.R. No. 239823, September 25, 2019, main decision, testimonial compulsion and witnesses: https://lawphil.net/judjuris/juri2019/sep2019/gr_239823_2019.html
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