Pascual vs.

Board of Medical Examiners Case Digest

Facts:

An administrative case was filed against the petitioner for alleged immorality. At the initial hearing
thereof, Gatbonton’s counsel announced that he would present Pascual as his first witness. Pascual
objected, relying on the constitutional right to be exempt from being a witness against himself. The
Board of Examiners took note of such a plea but scheduled Pascual to testify in the next hearing
unless in the meantime he could secure a restraining order from a competent authority. Pascual filed
with the Court of First Instance of Manila an action for prohibition with prayer for preliminary
injunction against the Board of Medical Examiners. The lower court ordered that a writ of
preliminary injunction issue against the Board commanding it to refrain from hearing or further
proceeding with such an administrative case and to await the judicial disposition of the matter.
Subsequently, a decision was rendered by the lower court finding the claim of Pascual to be well-
founded and prohibiting the Board "from compelling the petitioner to act and testify as a witness for
the complainant in said investigation without his consent and against himself."

Issue:

Whether or not, petitioner can avail his constitutional right to be a witness against himself.

Held:

Yes. The case for malpractice and cancellation of the license to practice medicine while
administrative in character possesses a criminal or penal aspect. An unfavorable decision would
result in the revocation of the license of the respondent to practice medicine. Consequently, he can
refuse to take the witness stand.

The right against self-incrimination extends not only to right to refuse to answer questions put to the
accused while on witness stand, but also to forgo testimony, to remain silent and refuse to take the
witness stand when called by as a witness by the prosecution. The reason is that the right against self
incrimination, along with the other rights granted to the accused, stands for a belief that while a crime
should not go unpunished and that the truth must be revealed, such desirable objective should not be
accomplished according to means and methods offensive to the high sense of respect accorded to the
human personality.