Consti II case digest: PEOPLE VS GAMBOA

Rights against self-incrimination

FACTS:

Petitioner herein, John Gabriel Gamboa, with Miguel Celdran were charged of murder and were sentenced to suffer reclusion perpetua. However, Celdran was discharged of the charges.

While while one of the witnesses, Cristina Soledad was talking with the deceased, and his common law husband of Rene Impas, the petitioner with Celdran kicked open the door and shot the victim hitting the latter on his shoulder. The accused, then shot another hitting the latter into his abdomen that made him fall face down on bed that immediately caused his death. Soledad, shouted for help and then, one of the tenants, Rico Acre responded. Upon seeing the victim on bed with difficulty on breathing, he shouted for help and then their neighbor, Gascon came together with Acre to lift the victim and loaded him in the car of police Maj. Impas, the father of the victim.

The victim, was then subjected to paraffin test without the presence of a counsel, and he invoked his right to self incrimination.

ISSUE:

Whether or not the paraffin testing conducted is violative of the Constitutional Right of the accused and is equivalent to self incrimination.

HELD:

No. What is protected by the constitution is the compulsory exaction of testimonies from the accused that may be used against himself and not the body evidence which may be used as evidence if material.

Wherefore the decision appealed from is affirmed.