Philippine Bar review · Question

Practice question: Power of Legislative Inquiry

Multiple Choice Hard Jurisprudence

Practice question

A Senate committee has a lawful legislative objective and duly published rules. A witness validly invokes the right against self-incrimination as to a specific question, and the parties agree that answering would fall within the constitutional protection. The committee claims its legitimate subject eliminates that right and orders an answer on that ground alone. Which response is correct?
  1. A legitimate subject always abolishes the constitutional protection.
  2. The committee must respect the established right; legislative pertinence does not by itself override self-incrimination.
  3. The witness must answer because private persons have no constitutional rights in Congress.
  4. Only a department head may invoke any right.
  5. The right exists only if the committee unanimously chooses to create it.

Legal references

  • Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950, main decision: https://lawphil.net/judjuris/juri1950/jul1950/gr_l-3820_1950.html
  • 1987 Constitution, Article III, Section 17 and Article VI, Section 21: https://lawphil.net/consti/cons1987.html

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