2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 18

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Maria was accused of libel. While Maria was on the witness stand, the prosecution asked her to write her name and to sign on a piece of paper,apparently to prove that she authored the libelous material. Maria objected as writing and signing her name would violate her right against self-incrimination. Was Maria’s objection proper? (1%)

(A) No, she can be cross examined just like any other witness and her sample signature may be taken to verify her alleged authorship of the libelous statements.

(B) No, her right against self-incrimination is waived as soon as she became a witness.

(C) No, this privilege may be invoked only by an ordinary witness and not by the accused when she opts to take the witness stand.

(D) The objection was improper under all of A, B, and C.

(E) The objection was proper as the right to self-incrimination is a fundamental right that affects liberty and is not waived simply because the accused is on the witness stand.


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