Villaflor v Summers; G.R. No. 16444; 08 Sep 1920; 41 Phil 62

in Legal Chyme by

Petitioner and her paramour were charged with the crime of adultery. The court ordered her to submit her body to examination to determine if she was pregnant or not.

Whether or not the examination was a violation of petitioner’s right against self-incrimination.

NO. The constitutional guaranty, that no person shall be compelled in any criminal case to be a witness against himself, is limited to a prohibition against compulsory testimonial self-incrimination. On a proper showing and under an order of the trial court, an ocular inspection of the body of the accused is permissible.

Writ of habeas corpus prayed for is DENIED.

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