Practice question
An ordinary witness in a civil case is asked a specific question whose truthful answer would tend to incriminate that witness for a crime. No immunity removes the risk. May the witness invoke Article III, Section 17, as to that answer?
- No, because the pending case is civil.
- No, because every subpoena extinguishes constitutional rights.
- No, unless the witness has already been convicted.
- Yes; the privilege can apply to the particular incriminating question.
- Yes; therefore the witness may necessarily refuse every unrelated nonincriminating question.
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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