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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
No person shall be compelled to be a witness against himself.” (Section 17, Article III, 1987 Constitution.)
The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Alfredo Rosete, et al. v. Juliano Lim, G.R. No. 136051, June 08, 2006)
Rights of employees
We know that every worker has the right to self-organization, that is, the right of employees to form, join or assist labor organizations of their own choosing for purposes of collective bargaining and to engage in lawful concerted activities for purposes of collective bargaining or for their mutual aid and protection. This is grounded on the constitutional guarantee of the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.
The 1987 Constitution provides that:
“The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their right and benefits as may be provided by law.
xxx.” (Section 3, Article XIII, 1987 Constitution.)
Other rights of an employee include the right to equal work opportunities, right to security of tenure, right to payment of wages and wage-related benefits, and right to safe working conditions.
Employee’s right against self-incrimination
Is an employee entitled to a right against self-incrimination as well?
The constitutional right against self-incrimination is couched in general terms, which provides that:
“No person shall be compelled to be a witness against himself.” (Section 17, Article III, 1987 Constitution.)
Proceedings for labor cases are administrative in nature. The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Alfredo Rosete, et al. v. Juliano Lim, G.R. No. 136051, June 08, 2006)
While an employee may have the right against self-incrimination, it must be noted that this right may only be invoked in cases where employee/witness is compelled to answer any particular incriminatory question or answer any question which has a tendency to incriminate him for some crime. it does not give the employee/witness the right to disregard the processes of the court or administrative bodies and refuse to testify at all.
Jurisprudence says:
“The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. The right is not to be compelled to be a witness against himself. It secures to a witness, whether he be a party or not, the right to refuse to answer any particular incriminatory question, i.e., one the answer to which has a tendency to incriminate him for some crime. However, the right can be claimed only when the specific question, incriminatory in character, is actually put to the witness. It cannot be claimed at any other time. It does not give a witness the right to disregard a subpoena, decline to appear before the court at the time appointed, or to refuse to testify altogether. The witness receiving a subpoena must obey it, appear as required, take the stand, be sworn and answer questions. It is only when a particular question is addressed to which may incriminate himself for some offense that he may refuse to answer on the strength of the constitutional guaranty.”
Related Article/s:
Who are not eligible to join, form, or assist a labor organization?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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