To apply the privilege against self-incrimination, this is the standard: We ask whether the claimant is confronted by substantial and real, and not merely trifling or imaginary, hazard of incrimination. Whether the accused is the most guilty is highly factual in nature. People v. Sison (1999). We cannot compel the witness or the accused to furnish the specimen of her handwriting, on the ground that writing is not a purely mechanical act, because it requires the application of intelligence and attention. Marcelo v. Sandiganbayan (1999).
Posted on: Thu, 07 Nov 2013 07:22:53 +0000
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