It is established doctrine that only an accused in a criminal case can refuse to take the witness stand based on the constitutional right against self-incrimination. How about in a civil or administrative case, can the defendant refuse to take the witness stand on the same ground?
Supreme Court held in Rosete vs. Lim (G.R. No. 136051, June 8, 2006) that the right to refuse to take the stand does not generally apply to parties in administrative cases or proceedings. The parties thereto can only refuse to answer if incriminating questions are propounded. But this partakes of an exception: A party who is not an accused in a criminal case is allowed not to take the witness stand – in administrative cases/proceedings that partook of the nature of a criminal proceeding or analogous to a criminal proceeding. The Court likewise held that said exception applies to parties in civil actions which are criminal in nature.
"As long as the suit is criminal in nature, the party thereto can altogether decline to take the witness stand. It is not the character of the suit involved but the nature of the proceedings that controls. xxx Thus, for a party in a civil case to possess the right to refuse to take the witness stand, the civil case must also partake of the nature of a criminal proceeding."
In the said case of Rosete vs. Lim, the case is civil (Annulment, Specific Performance with Damages) and did not partake of the nature of a criminal proceeding. "The fact that there are two criminal cases pending which are allegedly based on the same set of facts as that of the civil case will not give them the right to refuse to take the witness stand and to give their depositions. They are not facing criminal charges in the civil case. Like an ordinary witness, they can invoke the right against self-incrimination only when the incriminating question is actually asked of them. Only if and when incriminating questions are thrown their way can they refuse to answer on the ground of their right against self-incrimination."
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