SEC. 17.

No person shall be compelled to be a witness against himself

Right against self-incrimination
No person shall be compelled to be a witness against himself. This is protections
against self-incrimination which may expose a person to criminal liability.
(1) Basis - The right is founded on grounds of:
(a) Public policy
(b) Humanity
(2) Right to silence - The constitutional guarantee protects as well the right of the
accused to silence, and his silence, meaning, his failure or refusal to testify, may not be
used as a presumption of guilt or taken as evidence against him.

Scope of guarantee
The right against self-incrimination applies in criminal cases as well as in civil,
administrative, and legislative proceedings where the fact asked for is a criminal one. It
protects one whether he is a party or a witness.

Nature of guarantee
(1) The right is purely personal and may be waived.
(2) It may not be invoked to protect a person against being compelled to testify to facts
which may expose him only to public ridicule him
(3) It may not be invoked simply because the testimony might subject one to some
liability not arising from any criminal action
(4) It is applicable only to a present not a past criminality which involves no present
danger of prosecution.
(5) It can be availed of only against testimonial compulsion

Form of testimony prohibited

(1) Compulsory testimonial self-incrimination - extricating from defendants own lips,
against his will, and admission of his guilt.
(2) Instances of absence of testimonial compulsion - However there is no violation
where:
(a) the accused is force to discharge morphine from his mouth;

(b) The accused is compelled to place his foot on a piece of paper to secure his
footprints;
(c) the accused is compelled to be photographed or to remove his garments and his
shoes;
(d) where a woman accused of adultery is compelled to permit her body to be examined
by physicians to determine is she is pregnant; and
(e) the voluntary confession of the accused is admitted at the trial