U.S. v Tan Teng; G.R. No. 7081; 07 Sep 1912; 23 Phil 145

in Legal Chyme by

Appellant was charged with the crime of rape. He was arrested and taken to the police station, stripped of his clothing and examined. The result of the examination showing that the defendant was suffering from gonorrhea was admitted in evidence.

Whether or not admitting the medical result in evidence was violative of appellant’s right against self-incrimination.

NO. The prohibition against self-incrimination is simply a prohibition against legal process to extract from the defendant’s own lips, against his will, an admission of his guilt. The medical result does not call upon the accused as a witness – it does not call upon the defendant for his testimonial responsibility.

Judgment is MODIFIED.

Leave a Reply

Your email address will not be published.


This site uses Akismet to reduce spam. Learn how your comment data is processed.