Galman v Pamaran

G.R. Nos. L-71208-08 and L-71212-13; 30 August 1985

138 SCRA 274

Jurisprudence:

Constitutional Law; Criminal Procedure; Statutes; P.D. 1886 which created the
Agrava Board was enacted not only to determine the facts surrounding the killing
of former Senator Benigno S. Aquino, Jr., but also identify the culprits for their
consequent prosecution. Although referred to and designated as a mere Fact
Finding Board is in truth and in fact, and to all legal intents and purposes, and
entity charged, not only with the function of determining the facts and
circumstances surrounding the killing, but more importantly, the determination of
the person or persons criminally responsible therefore so that they may be
brought before the bar of justice.

Facts:

Private respondents were charged as accessories for the killing of Sen. Benigno
Aquino and Rolando Galman. In the course of the joint trial, the prosecution
offered in evidence their individual testimonies before the Agrava Board, the ad
hoc Fact Finding Board created under Presidential Decree 1886 to determine the
facts and circumstances surrounding the killing.

Issue:

Whether or not their testimony before the Board made private respondents
immune from prosecution by virtue of their right against self-incrimination

Held:

NO. PD 1886 grants merely immunity from use of any statement given before the
Board, but not immunity from prosecution by reason or on the basis thereof.
Merely testifying and/or producing evidence do not render the witness immune
from prosecution notwithstanding his invocation of the right against self-
incrimination. He is merely saved from the use against him of such statement and
nothing more

Petition is DISMISSED for lack of merit.

Prepared by: Reynalyn Gacelos Sario

July 15, 2019