#AskAttyGaby— Usapang legal terms | Unang Hirit
“RIGHT AGAINST SELF-INCRIMINATION”
Ano ba ang ibig sabihin ng iba’t ibang legal terms na nababanggit sa bawat hearing? Sagot na ‘yan ng ating #KapusoSaBatas, Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Ano ba ang ibig sabihin ng iba’t ibang legal terms na nababanggit sa bawat hearing? Sagot na ‘yan ng ating #KapusoSaBatas, Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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FunTranscript
00:00In the meantime, let's just talk about the law, she didn't let it pass, here's our heart on the law, Atty. Gabby Concepcion.
00:07Atty. Good morning.
00:10Good morning to you too Ivana. Are you one of those who's new favorite pastime is hearings and chill?
00:17The whole country is waiting for the next Senate and Congress hearings.
00:24But you're also being asked, right?
00:26I was born and I was born laughing, in contempt.
00:28I invoke my right against self-incrimination.
00:30Impending the limit of the number of contempt citations.
00:35Before you invoke the right against self-incrimination,
00:40you should continue listening, we will cite you in contempt.
00:46But are you also being asked about some terminology that you hear in every hearing?
00:51What are the legal terms that they mention here?
00:56Don't you worry, I'll be the one to answer that.
01:00Ask me, ask Atty. Gabby.
01:10Our first legal term that we always hear from resource speakers is this.
01:16I have a pending case in the BIR, I invoke my right against self-incrimination.
01:23And before you invoke the right against self-incrimination,
01:27you did not file your late registration of live birth, right?
01:32So you are not incriminating yourself.
01:37I invoke my right against self-incrimination.
01:41What is that?
01:42Well, it is one of the clear rights of an accused.
01:46It is included in the so-called rights of the accused.
01:50It is in the constitution and since time immemorial, it has been recognized.
01:55What does the right against self-incrimination mean?
01:59An accused has the right not to be forced to answer questions or comment
02:06that can be used against him in a case.
02:09Because if the police or the senators believe in this case,
02:13for example, that a person has committed a crime,
02:16anyone who teaches him should have evidence or prove it.
02:23This is also a protection because if a person can be forced to confess,
02:27many may be forced to confess the crime just to stop the force.
02:33Because sometimes there is a fear that a person may reach the torture
02:38just to make him confess.
02:41That is the protection of an accused, the right against self-incrimination.
02:47Here, we often see this scene in hearings.
02:52Therefore, the chair is citing Alice Guo, A.S. Guo, who are being in contempt.
02:59The limit of the number of contempt citation that we can give to a particular person.
03:08If you continue to question us, we will really cite you in contempt.
03:24Citing in contempt is a process used in courts and as you have seen, also in Congress.
03:32It is like a punishment or a threat if a witness or a resource speaker
03:38does not appear, does not answer the questions of the quest or the legislatures,
03:44or if they show disobedience or disrespect to the institutions of the courts and the Congress.
03:51There should be a power to cite in contempt for them to answer properly
03:57so that there will be a so-called infringement of the law.
04:00Otherwise, all the so-called things may be used to discredit the power of senators and judges.
04:08If a person is in contempt, for example, arrest and detention may happen.
04:14Until the person does not comply.
04:18For example, those who do not want to appear because there is a subpoena to appear in the hearing.
04:24Those who do not want to bring a document or show it or do not want to answer questions
04:29that will not violate their right against self-incrimination.
04:35This is our next legal term.
04:39In an executive session, if we do not finish this, this will go on for a long time.
04:47When it is said executive session, this is the power of a member
04:52that if he wants to limit those attending.
04:55So for example, in the Senate, when asking for an executive session,
04:59all people can appear, all non-senators, visitors, guests or the public and the media.
05:06Usually this is because there is a talk that is sensitive in nature,
05:10a bit confidential or they are afraid that they might be judged by other people.
05:15And what will be left is the senators or it depends on who they want to listen to or leave.
05:22Sometimes, depending on their rules, there may be no minutes, right?
05:26There is no recording of the executive session.
05:29Because of the confidential or sensitive nature of the discussion.
05:35So I hope what I shared with you this morning helped.
05:40We will clarify the laws we discussed.
05:43For the peace of mind, don't think twice.
05:48Ask me. Ask Attorney Gabby.