Rights against Self-incrimination:
FACTS:
More
than two hundred members of the Philippine Armed Forces raided the compound of
the petitioners at Gov. Alvarez Street, Zamboanga City, in search of loose
firearms, ammunition and other explosives.
The
military operation was known as “ZONA” which is not unlike the feared
practive of “KEPEITAI” during the Japanese Occupation
of rounding up people in a locality, arresting the persons fingered by a hooded
informer, and executing them outright.
The
initial reaction of the people inside the compound was of course to resist the
invasion with a burst of gunfire, but there being only an intention to warn the
intruders and deter them from entering. Unfortunately, as might be expected,
the situation aggravated soon enough and the soldiers counter fire and a bloody
shoot out ensued, resulting to number of casualties.
The
besieged compound surrendered the following morning, 16 males occupants were
arrested, and later on finger-printed, paraffin tested and photographed over
their objection. The military also confiscated different rifles and explosives.
ISSUE:
Whether
or not the right to self-incrimination can be invoked or applies to
photographing, finger printing, and paraffin testing of the petitioners.
HELD:
No.
The prohibition against self incrimination applies only to TESTIMONIAL
COMPULSION.The prohibition of compelling a man in a criminal court to be a
witness against himself is a prohibition of the use of physical or moral
compulsion to extort COMMUNICATIONS FROM HIM, not an exclusion of his BODY AS EVIDENCE
WHEN IT MAY BE MATERIAL.
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