an unlit cigarette in his right hand -was handed a match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the matchbox contained marijuana, he immediately arrested Arnold and called in the police. At the police station, the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. Arnold did not contest the guard's statement; he steadfastly remained silent and refused to give any written statement. Later in court, the guard testified and narrated the statements he gave the police over Arnold's counsel's objections. While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up, he himself did not testify. The court convicted Arnold, relying largely on his admission of the charge by silence at the police investigation and during trial. nito yap, customer for woodland buys plenty of pigs loan murag sya ang frontman ni dtg isakay barko gikan bukidnon baligya niya diri cebu colonnade etc... 2million From the constitutional law perspective, was the court correct in its ruling? (6%) Tip: Admission by silence (1) An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him (Sec. 32). (2) The rule that the silence of a party against whom a claim or right is asserted may be construed as an admission of the truth of the assertion rests on that instinct of our nature, which leads us to resist an unfounded demand. The common sense of mankind is expressed in the popular phrase, silence gives consent which is but another form of expressing the maxim of the law, qui tacet cosentire videtur (Perry vs. Johnson, 59 Ala. 648). (3) Before the silence of a party can be taken as an admission of what is said, the following requisites must concur: (a) Hearing and understanding of the statement by the party; (b) Opportunity and necessity of denying the statements; (c) Statement must refer to a matter affecting his right; (d) Facts were within the knowledge of the party; and (e) Facts admitted or the inference to be drawn from his silence would be material to the issue.