CR13 Pascual Jr v. Board of Medical Examiners GR No.

L-25018
FACTS: An administrative charge for unexplained wealth having been filed against petitioner
under the Anti-Graft Act, the complainant requested the investigating committee that petitioner be
ordered to take the witness stand, which request was granted. Upon petitioner's refusal to be sworn
as such witness, a charge for contempt was filed against him in the sala of respondent Judge. He
filed a motion to quash and upon its denial, he initiated this proceeding. Petitioner, through
counsel, made of record his objection, relying on the constitutional right to be exempt from being
a witness against himself. That to compel him to take the witness stand, the BME was guilty, at
the very least, of grave abuse of discretion for failure to respect the constitutional right against
self-incrimination.
RULING: the petitioner is well-founded by prohibiting respondent "from compelling the
petitioner to act and testify as a witness for the complainant in said investigation without his
consent and against himself." We found for the petitioner in accordance with the well-settled
principle that "the accused in a criminal case may refuse, not only to answer incriminatory
questions, but, also, to take the witness stand." The accused has a perfect right to remain silent and
his silence cannot be used as a presumption of his guilt. It is the right of a defendant "to forego
testimony, to remain silent, unless he chooses to take the witness stand — with undiluted,
unfettered exercise of his own free genuine will." The reason for this constitutional guarantee,
along with other rights granted an accused, stands for a belief that while crime should not go
unpunished and that the truth must be revealed, such desirable objectives should not be
accomplished according to means or methods offensive to the high sense of respect accorded the
human personality.

CR13.1 US v. Bautista GR No. 2189

FACTS: Apellants Bautista, Guzman and Puzon were sentenced for treason when a junta was
organized and a conspiracy entered into by a number of Filipinos for the purpose of overthrowing
the Government of the US in the PH and establishing in its stead a government to be known as
the Republica Universal Democratica Filipina; Prim Ruiz was recognized as the titular head of
this conspiracy and one Artemio Ricarte as chief of the military forces to the organized in the PH.
They took field and resistance to the authorities in the PH, only to fail in their combat and of the
failure of the people to rise en masse in response to their propaganda. Bautista, a friend of the said
Ricarte forwarded to him secretly 200 pesos; that after the arrival of Ricarte, Bautista was present,
taking part in several of the meetings whereat the plans of the conspirators were discussed. Puzon
when asked contended that the acceptance of an appointment as an officer of the military forces of
the conspiracy should not be considered as evidence as it was made in a joking tone and he had no
intention of joining the action and he did not want to refuse his friend as humour. Nothing else
being done either by himself or by his companions, was not an "overt act" of treason within the
meaning of the law.

RULING: The conspiracy is shown to have existed as in this case, and it is proven that the accused
voluntarily accepted an appointment as an officer in that conspiracy but the Court held that the
crime of conspiring to commit treason is a separate and distinct offense from the crime of treason,
and that this constitutional provision is not applicable in such cases.