U.S V.

TAN TENG
Facts: The defendant herein raped Oliva Pacomio, a seven-year-old girl. Tan
Teng was gambling near the house of the victim and it was alleged that he
entered her home and threw the victim on the floor and place his private parts
over hers. Several days later, Pacomio was suffering from a disease called
gonorrhea. Pacomio told her sister about what had happened and reported it to
the police.

Tan Teng was called to appear in a police line-up and the victim identifiedhim.
He was then stripped of his clothing and was examined by a policeman. He was
found to have the same symptoms of gonorrhea. The policeman took a portion
of the substance emitting from the body of the defendant and turned it over to
the Bureau of Science. The results showed that the defendant was suffering
from gonorrhea.

The lower court held that the results show that the disease that the victim
had acquired came from the defendant herein. Such disease was transferred by
the unlawful act of carnal knowledge by the latter. The defendant alleged that
the said evidence should be inadmissible because it was taken in violation of his
right against self-incrimination.

Issue: Whether or Not the physical examination conducted was a violation of

the defendants rights against self-incrimination.

Held: The court held that the taking of a substance from his body was not a
violation of the said right. He was neither compelled to make any admissions or
to answer any questions. The substance was taken from his body without
his objection and was examined by competent medical authority.

The prohibition of self-incrimination in the Bill of Rights is a prohibition of the

use of physical or moral compulsion to extort communications from him, and
not an exclusion of his body as evidence, when it may be material. It would be
the same as if the offender apprehended was a thief and the object stolen by
him may be used as evidence against him.