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3 Rosete v. Lim PDF
3 Rosete v. Lim PDF
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* FIRST DIVISION
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the dispute are plain before the court.—Issues are joined when all
the parties have pleaded their respective theories and the terms
of the dispute are plain before the court. In the present case, the
issues have, indeed, been joined when petitioners, as well as the
other defendants, filed their answers. The respective claims and
defenses of the parties have been defined and the issues to be
decided by the trial court have been laid down.
PETITION for review on certiorari of the decision and
resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Piñera, Marcella, Romero and Associates for private
respondents Sps. Lim.
(Ret.) Justice Cuevas Law Office co-counsel for Sps.
Lim.
CHICO-NAZARIO, J.:
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I.
THE TRIAL COURT ERRED AND ACTED IN GRAVE ABUSE
OF DISCRETION AMOUNTING TO LACK OF OR IN EXCESS
OF JURISDICTION IN DECLARING IN ITS ORDER DATED
AUGUST 27, 1997 THAT THE CONSTITUTIONAL RIGHT
AGAINST SELF INCRIMINATION OF OSCAR MAPALO AND
CHITO ROSETE WOULD NOT BE VIOLATED BY THE
TAKING OF THEIR DEPO-
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II.
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himselfforsomeoffensethathemayrefusetoansweronthe
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strength of the constitutional guaranty.
As to an accused in a criminal case, it is settled that he
can refuse outright
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to take the stand as a witness. In
People v. Ayson, this Court clarified the rights of an
accused in the matter of giving testimony or refusing to do
so. We said:
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57 People v. Ayson, G.R. No. 85215, 7 July 1989, 175 SCRA 216, 226-
227.
58 Id., pp. 232-233.
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Petition dismissed.
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