Rights of
Suspects under Custodial Investigation
Giving
Urine Samples
FACTS:
David Gutang, together with Noel Regala, Alex
Jimenez and Oscar de Venecia, Jr. was arrested by policemen in connection with
the enforcement of a search warrant in his residence at Greenhills, San Juan.
Several drug paraphernalia, which later tested positive for marijuana and
methamphetamine hydrochloride, were seized along with a small quantity of
marijuana fruiting tops.
The four were brought to Camp Crame and were
subjected to a drug-dependency test and were asked to give a sample of their
urine to which they complied. Their urine samples all tested positive for
shabu.
De Venecia, Jr. voluntarily submitted himself for
treatment, rehabilitation and confinement.
Gutang, Regala and Jimenez pleaded not guilty. They were found guilty of
possession and use of prohibited drugs.
Gutang argued that the urine sample is inadmissible
in evidence because he had no counsel during the custodial investigation when
it was taken. In effect, it is an uncounselled extra-judicial confession and a
violation of the Constitution.
ISSUE:
Whether or not the urine samples taken were
admissible in evidence.
RULING:
The Court ruled that it was admissible. The right
to counsel begins from the time a person is taken into custody and placed under
investigation for the commission of crime. Such right is guaranteed by the
Constitution and cannot be waived except in writing and in the presence of
counsel.
However, what the Constitution prohibits is the use
of physical or moral compulsion to extort communication from the accused, but
not an inclusion of his body in evidence, when it may be material to ascertain
physical attributes determinable by simple observation and not to unearth
undisclosed facts.
An accused may validly be compelled to be
photographed or measured, or his garments or shoes removed or replaced, or to
move his body to enable the foregoing things to be done without going against
the proscription against testimonial compulsion.
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