G.R. No. 54 – 1 Phil. 50 – Remedial Law – Right to Remain Silent
Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Remain Silent
Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to file an Answer to the complaint in relation to the said criminal case. Junio was eventually convicted.
ISSUE: Whether or not Junio’s conviction is proper.
HELD: No. His right to remain silent was violated when he was compelled by the judge to make a statement. An accused (under the rules prevailing then) cannot be compelled to file a statement after pleading not guilty because he may choose also to file a demurrer. So in other words he cannot be compelled to choose to file an Answer. Further, he was compelled to do so without him knowing that he can refuse to do so. His sentence is therefore reversed.
NOTE: Under RULE III B of A.M. No. 8-8-7-SC of 01 March 2022 or the Expedited Rules in First Level Courts (previously the Revised Rules on Summary Procedure of 1991) the court “shall require the accused to submit a judicial counter-affidavit and the judicial affidavits of his or her witnesses, as well as any other evidence in his or her behalf, within fifteen (15) calendar days from receipt of the order.”
