Saturday, August 24, 2019
Waiver of right against self-incrimination
See - https://www.projectjurisprudence.com/2019/06/husband-convicted-of-calling-wife-tanga-villalon-v-people-gr-no-234520.html?m=1
G.R. No. 234520, February 28, 2018]. ALLAN SAN JUAN VILLALON VS. PEOPLE OF THE PHILIPPINES.
“Anent the first issue, it must be stated that the right against self-incrimination is not an absolute right, nor does it operate as a bar to any self-incriminating testimony. The case of People v. Ayson laid down the rule:
The right against self-incrimination is not self-executing or automatically operational. It must be claimed. If not claimed by or in behalf of the witness, the protection does not come into play. It follows that the right may be waived, expressly, or impliedly, as by a failure to claim it at the appropriate time. In this particular case, petitioner had the option NOT to answer the questions propounded, but chose to answer them anyway, in spite of claiming that his right against self-incrimination was raised at the time the questions were asked. This operates as a waiver of his right, and his answers must stand.”