Part I: RIGHTS OF THE ACCUSED
1.In the famous case of Salonga v. Paño (134 SCRA 438), the Supreme Court introduced the “symbolic function” principle. What do you understand by this “symbolic function of the Supreme Court”? Explain using the factual background of the case.
ANSWER: The “symbolic function” of the Supreme Court pertains to its duty to issue decisions for the purpose of educating the Bench.Thus, even if the case had become moot and academic, the Supreme Court may promulgate its decision. In the caseof Salonga v. Paño, despite the fact that the habeas corpus case had become moot and academic by the release of Salonga, the Supreme Court just the same, relases its decision on the illegality of the arrest of Salonga.
2.The following cases: Pesigan v. Angeles, Pp. v. Veridiano, and Tañada v. Tuvera, in some ways illustrated the principle that the accused is entitled to criminal due process. What is the common principle illustrated in these cases?
ANSWER: Due process is denied where aperson is impleaded for violation of a lw, administrative regulation, or municipal ordinance not previously published as he would not know what acts he must doe or avoid to preven prosecution. All the above cases emphazised that penal laws before the accused must be bopund by it, must be duly published.
3.Decide whether the right against self-incrimination is violated under the following circumstances:
A.in a rape case it was alleged as an aggravating circumstance, that the rapist infected the victim with gonorrhea. The prosecution moved for the medical examination of the accused to check whether he has gonorrhea. The defense objected, invoking the right of the accused to self-incrimination.
B. In a theft case, the prosecution alleged that the diamond was swallowed by the accused, and moves that the accused be subjected to an x-ray examination.
C. In a falsification case, the prosecution wants to prove that it was the accused that signed the falsified indorsements in the check. It moves that the accused be compelled to submit his specimen signatures, or if there are none, for the accused to write three legible signatures on a blank piece of paper.
D. The Senate Blue Ribbon Committee summoned the Secretary of Agriculture to appear before it to answer questions relative to the alleged unlawful disbursement of funds. He refused to appear and answer questions invoking his right against self-incrimination.
E.The prosecution did not have any other witness to prove its case, and would want to use the accused as hostile witness to testify. The accused refused to testify. The prosecution files a motion for a subpoena ad testificandum to compel the accused to testify.