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    People V. Gallarde G.R. NO. 133025 FEBRUARY 17, 2000 Facts

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    Vian O.
    This case involved Radel Gallarde who was convicted of murder based on circumstantial evidence. On the evening in question, Gallarde and neighbors were drinking at a house when the homeowner's 10-year-old daughter went missing. Gallarde was the last seen speaking to the girl. His clothes and slippers were found near her naked body. The court upheld the admission of photographs taken of Gallarde after the incident while in police custody, as taking photographs is a purely mechanical act and does not violate his right against self-incrimination. The court also noted prior cases where physical evidence from an accused's body was permitted as the right against self-incrimination prohibits compelled testimony but not inclusion of the body in

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    People V. Gallarde G.R. NO. 133025 FEBRUARY 17, 2000 Facts

    Uploaded by

    Vian O.
    578 views1 page
    This case involved Radel Gallarde who was convicted of murder based on circumstantial evidence. On the evening in question, Gallarde and neighbors were drinking at a house when the homeowner's 10-year-old daughter went missing. Gallarde was the last seen speaking to the girl. His clothes and slippers were found near her naked body. The court upheld the admission of photographs taken of Gallarde after the incident while in police custody, as taking photographs is a purely mechanical act and does not violate his right against self-incrimination. The court also noted prior cases where physical evidence from an accused's body was permitted as the right against self-incrimination prohibits compelled testimony but not inclusion of the body in

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    PEOPLE V GALLARDE

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    This case involved Radel Gallarde who was convicted of murder based on circumstantial evidence. On the evening in question, Gallarde and neighbors were drinking at a house when the homeowner's 10-year-old daughter went missing. Gallarde was the last seen speaking to the girl. His clothes and slippers were found near her naked body. The court upheld the admission of photographs taken of Gallarde after the incident while in police custody, as taking photographs is a purely mechanical act and does not violate his right against self-incrimination. The court also noted prior cases where physical evidence from an accused's body was permitted as the right against self-incrimination prohibits compelled testimony but not inclusion of the body in

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    578 views1 page

    People V. Gallarde G.R. NO. 133025 FEBRUARY 17, 2000 Facts

    Uploaded by

    Vian O.
    This case involved Radel Gallarde who was convicted of murder based on circumstantial evidence. On the evening in question, Gallarde and neighbors were drinking at a house when the homeowner's 10-year-old daughter went missing. Gallarde was the last seen speaking to the girl. His clothes and slippers were found near her naked body. The court upheld the admission of photographs taken of Gallarde after the incident while in police custody, as taking photographs is a purely mechanical act and does not violate his right against self-incrimination. The court also noted prior cases where physical evidence from an accused's body was permitted as the right against self-incrimination prohibits compelled testimony but not inclusion of the body in

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    © All Rights Reserved
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    PEOPLE V.

    GALLARDE

    G.R. NO. 133025

    FEBRUARY 17, 2000

    FACTS:

    In the evening of May 26, 1997, at the house of spouses Eduardo and Elena Talan in Brgy. Trenchea,
    Tayug, Pangasinan, their neighbors, including appellant Radel Gallarde, came together for a drinking
    spree. By 10 pm, the spouses’ 10-year-old daughter, Editha Talan went missing. Her mother, Elena
    reported the matter to the Barangay Ex-kagawad Mario Fernandez and a search party was formed.
    Jaime, one of the witnesses mentioned that Gallarde was the last person he saw talking to Editha.
    Appellant was also seen covered in soil, squatting with his short pants and his slippers were found near
    the area where Editha’s completely naked body was recovered. Immediately after the incident,
    appellant was photographed and taken into custody by the police. He was then charged with the crime
    of Rape with Homicide. The trial court convicted him of Murder based on circumstantial evidence.

    ISSUE:

    Whether or not appellant Gallarde’s right to self-incrimination was violated

    RULING:

    No. We cannot agree with the trial courts rejection of the photographs (Exhibits "I," "J" and "K") taken of
    GALLARDE immediately after the incident on the ground that "the same were taken while [GALLARDE]
    was already under the mercy of the police." The taking of pictures of an accused even without the
    assistance of counsel, being a purely mechanical act, is not a violation of his constitutional right
    against self-incrimination.

    The constitutional right of an accused against self-incrimination proscribes the use of physical or moral
    compulsion to extort communications from the accused and not the inclusion of his body in evidence
    when it may be material. Purely mechanical acts are not included in the prohibition as the accused does
    not thereby speak his guilt, hence the assistance and guiding hand of counsel is not required. The
    essence of the right against self-incrimination is testimonial compulsion, that is, the giving of evidence
    against himself through a testimonial act. Hence, it has been held that a woman charged with adultery
    may be compelled to submit to physical examination to determine her pregnancy; and an accused may
    be compelled to submit to physical examination and to have a substance taken from his body for
    medical determination as to whether he was suffering from gonorrhea which was contracted by his
    victim; to expel morphine from his mouth; to have the outline of his foot traced to determine its identity
    with bloody footprints; and 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.

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