People v. Gallarde Digest

People v. Gallarde G.R. No. 133025 Facts: An information for the special complex crime of rape with homicide was led charging accused-appellant of having sexual intercourse with one Editha Talan, a minor, 10 years of age, against her will and consent, and thereafter, with intent to kill, cover the nose and mouth of the said minor resulting to her death and then ury her in the eld! Through circumstantial evidence, the trial court rendered a decision nding accused-appellant guilty of the crime of murder and sentenced him to reclu eclusi sion on perp perpet etua ua and and to pay pay the the heir heirs s of the the vict victim im actu actual al dama damage ges! s! "t convicted accused-appellant of the crime of murder only, not of the complex crime of rape with homicide ecause of the lack of proof of carnal knowledge! Issue: #heth #hether er or not right right again against st self self-incr -incrimi iminat nation ion is violat violated ed if pictur pictures es of  accused were taken, without assistance of counsel, as part of the evidence! Held: $o!The Held: $o!The %& did not agree with the trial court's re(ection of the photographs )Exhiits *"*, *+* and ** taken of .A//AE immediately after the incident on the ground that *the same were taken while 2.A//AE3 was already under the mercy of the police!* The taking of pictures of an accused even without the assistance of  counsel, eing a purely mechanical act, is not a violation of his constitutional right against self-incrimination!  The constitutional constitutional right of an accused against self-incrimination self-incrimination proscries the use of physical or moral compulsion to extort communications from the accused and not the inclusion of his ody in evidence when it may e material! 4urely mechanical acts are not included in the prohiition as the accused does not therey speak his guilt guilt,, hence hence the assistan assistance ce and guidi guiding ng hand of counse counsell is not re5ui re5uire red! d! The The essence of the right against self-incrimination self-incrimination is testimonial compulsion, that is, the giving of evidence against himself through a testimonial act! 67 8ence, it has een held that a woman charged with adultery may e compelled to sumit to physical examinat examination ion to determine determine her pregnanc pregnancy9 y9 and an accused accused may e compelled compelled to sumit to physical examination and to have a sustance taken from his ody for medical determination as to whether he was su:ering from gonorrhea which was contracted y his victim9 victim9 to expel morphine from from his mouth9 mouth9 to have the outline of  his his foot foot trac traced ed to deter etermi mine ne its its iden identtity ity with ith loo loody dy foot footpr prin ints ts99 and and to e photographed or measured, or his garments or shoes removed or replaced, or to move his ody to enale the foregoing things to e done!