The right to remain silent by Former November 9, 2013 Share this:

Senator

Atty.

Rene

Espina

The recent Blue Ribbon Committee hearing at the Senate where Janet Napoles was subjected to intense questioning by the senators, has evoked comments from some senators, media, and the public at large. I believe I should cite to my readers some of the provisions of Article III of the Constitution which is the Bill of Rights, in order to give my readers an opportunity to make a logical opinion in accordance to law. Section 12: 1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel, preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him 3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. This section is an adoption of the Miranda Rule. Section 14: 1. No person shall be held to answer for a criminal offense without due process of law. 2. In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy impartial public trial Section 17: No person shall be compelled to be a witness against himself. A congressional investigation is for the purpose of introducing legislation in order to cover any area of human activity that needs amendment of the law or a new legislation to effectively cover any deficiency. Blue Ribbon Chairman Guingona stressed that the public hearing is not to indict Napoles, but to conduct it in aid of legislation so as to prevent a recurrence of illegal acts. It is a fact that Napoles is facing charges in our courts because of the alleged PDAF and the DAP releases of funds, alleged illegal detention, and a case filed by the BIR.

For clarity in our interpretation of Section 12 which embodies the US Miranda Rule, this principle has become like a prayer for law enforcement agencies, i.e., 1. You have the right to remain silent. 2. If you make any statement, the same may be used against you. 3. You have the right to have a lawyer and if you cannot afford one, the state will provide one. Now lets take up some legal jurisprudence about the right against self -incrimination. Section 17 of the Constitution includes the right to remain silent. It is the right of a person under custodial investigation or even before arrest to refuse to do or say anything that will provide evidence that will result in his conviction in a criminal or administrative case. The right of silence is, therefore, a necessary means to protect the right against self-incrimination. These principles were penned by US Supreme Court Chief Justice Earl Warren in Miranda vs Arizona. In making this article, I am only siding with the Constitution and with no other parties. rene.g.espina@gmail.com http://www.mb.com.ph/the-right-to-remain-silent/