Right Against Self-Incrimination may be Invoked in Administrative Proceeding
Right against self-incrimination is a constitutionally established right of an individual not to be compelled as witness against himself. Thus, he can invoke the right against self-incrimination when faced with questions that threaten criminal prosecution.
The post below is based on the book Guide to Valid Dismissal Second Edition (pp. 79-80).
The right against self-incrimination may be invoked in an administrative proceeding.
Corollarily, it may happen that an employee, for fear that what he might say in an administrative proceeding may be taken against him as an admission, concession or confession (in certain cases), may invoke the right against self-incrimination. This is commonly used in criminal proceeding. Does this apply in administrative proceeding?
The answer is in the affirmative, if the hearing partakes of the nature of a criminal proceeding because of the nature of the penalty that may be imposed for the offense.
In the first place, Section 17, Article III of the 1987 Constitution provides that no person shall be compelled to be a witness against himself.
The right against self-incrimination was established on the ground of public policy and humanity. Of policy, because if the party were required to testify, it would place the witness under the strongest temptation to commit perjury; and of humanity, because it would prevent the extorting of confession by duress.
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