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US v. Tan Teng 23 Phil 145 Digest
US v. Tan Teng 23 Phil 145 Digest
Facts: The defendant herein raped Oliva Pacomio, a seven-year-old girl. Tan Teng
was gambling near the house of the victim and it was alleged that he entered her
home and threw the victim on the floor and place his private parts over hers.
Several days later, Pacomio was suffering from a disease called gonorrhea.
Pacomio told her sister about what had happened and reported it to the police.
Tan Teng was called to appear in a police line-up and the victim identified him. He
was then stripped of his clothing and was examined by a policeman. He was found
to have the same symptoms of gonorrhea. The policeman took a portion of the
substance emitting from the body of the defendant and turned it over to the
Bureau of Science. The results showed that the defendant was suffering from
gonorrhea.
The lower court held that the results show that the disease that the victim had
acquired came from the defendant herein. Such disease was transferred by the
unlawful act of carnal knowledge by the latter. The defendant alleged that the
said evidence should be inadmissible because it was taken in violation of his right
against self-incrimination.
Issue: Whether or Not the physical examination conducted was a violation of the
defendant’s rights against self-incrimination.
Held: The court held that the taking of a substance from his body was not a
violation of the said right. He was neither compelled to make any admissions or to
answer any questions. The substance was taken from his body without his
objection and was examined by competent medical authority.