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Rosete v. Lim Rosete v. Lim
Rosete v. Lim Rosete v. Lim
Lim
June 8, 2006 | Chico-Nazario, J.
J. | Petition for Certiorari | Rights of a witness
SUMMARY: %he "etitioners are &eing sued for annul$ent and s"ecific "erfor$ance &ecause of the sale of real "ro"ert' $ade &'
A(P-R)*)
A(P-R)*) to +s"re$e Realt' of "arcels of land which allegedl' &elong to the res"ondents #i$s %he res"ondents want to tae the
de"osition of the "etitioners, &ut the "etitioners refuse to do so &' filing a $otion and o&.ection to tae de"osition u"on oral
e/a$ination Petitioners
Petitioners clai$ that this goes against their right against self-incri$ination
self-incri$ination since the' hae "ending cri$inal cases
inoling the sa$e facts, and that the' can co$"letel' refuse to testif' %he%he trial court and the CA denied their $otion %he )C
u"held the lower courts1 ruling,
ruling, sa'ing that the "resent case is a ciil case, not a cri$inal one %he "ending cri$inal cases do not
gie the$ the right to refuse to testif' in the ciil cases
DOCTRINE: nl' an accused in a cri$inal case can refuse to tae the witness stand r in cases which "artae of the nature of a
cri$inal "roceeding or analogous thereto r in ciil actions which are cri$inal in nature t is the nature of the "roceedings that
controls, not the character of the suit inoled