Practice question
In a noncustodial administrative hearing, an ordinary witness is compelled to answer a particular question whose truthful answer would expose the witness to criminal liability. No immunity removes the risk. The tribunal says Section 17 applies only inside criminal courtrooms. Which is correct?
- An administrative label eliminates the privilege.
- The testimonial privilege may be invoked against the particular criminally incriminating answer in this proceeding.
- Every administrative question is automatically privileged.
- Only the employer may decide whether the witness has constitutional rights.
- The witness becomes criminally convicted by invoking the privilege.
Legal references
- Fajardo v. People, G.R. No. 239823, September 25, 2019, main decision: https://lawphil.net/judjuris/juri2019/sep2019/gr_239823_2019.html
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 17.
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