US VS. TAN TENG [23 PHIL 145; G.R. NO.

7081; 7 SEP 1912]

Sunday, February 15, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

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 identified him. 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
defendant’s 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.