People vs. Gallarde Case Digest
Facts:
In the evening of 26 May 1997, at the house of spouses Eduardo and Elena Talan in Brgy. Trenchera,
Tayug, Pangasinan, their neighbors converged. Among them were Radel Gallarde, Francisco, Renato, Edwin, all surnamed Fernandez, Romel Hernandez, Jaime Cabinta, Rosy Clemente, Jon Talen, Noel Arellaga and Ramil Bargon. Idling by was Editha, 10 year old daughter of spouses Talan. After a while, Roger stood up and invited Jaime and Gallarde to dine in the kitchen. As they partook of the meal, Gallarde suddenly left. Jaime, too, stepped out of the kitchen to urinate. Outside the house, he chanced upon Gallarde and Editha talking to each other. Jaime whistled at Gallarde but instead of minding him, the latter sprinted towards the road leading to his house. Thereafter, Editha entered the kitchen and took hold of a kerosene lamp. Jaime followed her and asked where she was going. Editha answered that she would look for Gallarde. Soon Editha left enroute to where Gallarde fled. By 10:00 p.m., the drinking buddies had dispersed but Jaime, Francisco, Edwin and Rose regrouped at Renato's place where they talked and relaxed. Moments later, Roger arrived and informed them that Editha was missing. Roger asked the group to help look for her. Elena Talan informed his uncle, Barangay Ex-kagawad Mario Fernandez, about her daughter's disappearance. The latter, together with his son Edwin, wife Virginia and nephew Freddie Cortez wasted no time in joining their neighbors search the houses, dikes and fields to look for the missing child. When Jaime mentioned that Gallarde was the last person he sawtalking to Editha, the searchers went back to the house of Gallarde. The searchers found Gallarde squatting with his short pants at the toilet about 6 meters away from Gallarde's house; his hands and knees covered with soil. Asked where Editha was, Gallarde replied: "I do not know, I did not do anything to her." To the question, "where did you come from since a while ago you were not yet in this toilet?" Gallarde answered "I was with Kiko, I was asleep in their house. One of the searchers Mario Bado, got angry and countered that Gallarde's statement was impossible because Kiko was with him drinking. After the confrontation at the toilet, Ex-kagawad Fernandez brought Gallarde to Brgy. Captain Felicisimo Mendoza, informing the latter that Gallarde was the last person seen talking with the missing child. Fernandez then rejoined the searchers. Back in the field, Virginia Fernandez tripped on a wet ground. The searchers, thereafter, noticed disheveled grasses, and a wide hole among the disheveled grass. When Ex-kagawad Fernandez forthwith scratched some earth aside and then Editha's hand pitted out. Fernandez screamed in terror. Meantime, Barangay Captain Mendoza heardshouts saying: "She is here, she is now here already dead!" Mindful of Gallarde's safety, Brgy. Captain Mendoza decided to bring Gallarde to the municipal building. On their way though, they met policemen on board a vehicle. He flagged them down and turned over the person of Gallarde, saying: "Here is the suspect in the disappearance of the little girl. Since you are already here, I am giving him to you." The policemen together with Gallarde proceeded to where the people found Editha. One of the policemen shoved more soil aside. The lifeless Editha was completely naked when she was recovered. A picture of Gallarde was taken without any counsel present.
Gallarde was charged with the special complex crime of rape with homicide. The trial court rendered a decision convicting Gallarde of the crime of murder only, not of the complex crime of rape with homicide because of the lack of proof of carnal knowledge, and sentenced him to suffer the penalty of reclusion perpetua and to indemnify the heirs of the late Editha Talan in the negotiated sum of P70,000.00. The trial court rejected the photographs (Exhibits "I," "J" and "K") taken of Gallarde immediately after the incident on the ground that "the same were taken while he was already under the mercy of the police." Gallarde appealed his conviction to the SC.
Tayug, Pangasinan, their neighbors converged. Among them were Radel Gallarde, Francisco, Renato, Edwin, all surnamed Fernandez, Romel Hernandez, Jaime Cabinta, Rosy Clemente, Jon Talen, Noel Arellaga and Ramil Bargon. Idling by was Editha, 10 year old daughter of spouses Talan. After a while, Roger stood up and invited Jaime and Gallarde to dine in the kitchen. As they partook of the meal, Gallarde suddenly left. Jaime, too, stepped out of the kitchen to urinate. Outside the house, he chanced upon Gallarde and Editha talking to each other. Jaime whistled at Gallarde but instead of minding him, the latter sprinted towards the road leading to his house. Thereafter, Editha entered the kitchen and took hold of a kerosene lamp. Jaime followed her and asked where she was going. Editha answered that she would look for Gallarde. Soon Editha left enroute to where Gallarde fled. By 10:00 p.m., the drinking buddies had dispersed but Jaime, Francisco, Edwin and Rose regrouped at Renato's place where they talked and relaxed. Moments later, Roger arrived and informed them that Editha was missing. Roger asked the group to help look for her. Elena Talan informed his uncle, Barangay Ex-kagawad Mario Fernandez, about her daughter's disappearance. The latter, together with his son Edwin, wife Virginia and nephew Freddie Cortez wasted no time in joining their neighbors search the houses, dikes and fields to look for the missing child. When Jaime mentioned that Gallarde was the last person he sawtalking to Editha, the searchers went back to the house of Gallarde. The searchers found Gallarde squatting with his short pants at the toilet about 6 meters away from Gallarde's house; his hands and knees covered with soil. Asked where Editha was, Gallarde replied: "I do not know, I did not do anything to her." To the question, "where did you come from since a while ago you were not yet in this toilet?" Gallarde answered "I was with Kiko, I was asleep in their house. One of the searchers Mario Bado, got angry and countered that Gallarde's statement was impossible because Kiko was with him drinking. After the confrontation at the toilet, Ex-kagawad Fernandez brought Gallarde to Brgy. Captain Felicisimo Mendoza, informing the latter that Gallarde was the last person seen talking with the missing child. Fernandez then rejoined the searchers. Back in the field, Virginia Fernandez tripped on a wet ground. The searchers, thereafter, noticed disheveled grasses, and a wide hole among the disheveled grass. When Ex-kagawad Fernandez forthwith scratched some earth aside and then Editha's hand pitted out. Fernandez screamed in terror. Meantime, Barangay Captain Mendoza heardshouts saying: "She is here, she is now here already dead!" Mindful of Gallarde's safety, Brgy. Captain Mendoza decided to bring Gallarde to the municipal building. On their way though, they met policemen on board a vehicle. He flagged them down and turned over the person of Gallarde, saying: "Here is the suspect in the disappearance of the little girl. Since you are already here, I am giving him to you." The policemen together with Gallarde proceeded to where the people found Editha. One of the policemen shoved more soil aside. The lifeless Editha was completely naked when she was recovered. A picture of Gallarde was taken without any counsel present.
Gallarde was charged with the special complex crime of rape with homicide. The trial court rendered a decision convicting Gallarde of the crime of murder only, not of the complex crime of rape with homicide because of the lack of proof of carnal knowledge, and sentenced him to suffer the penalty of reclusion perpetua and to indemnify the heirs of the late Editha Talan in the negotiated sum of P70,000.00. The trial court rejected the photographs (Exhibits "I," "J" and "K") taken of Gallarde immediately after the incident on the ground that "the same were taken while he was already under the mercy of the police." Gallarde appealed his conviction to the SC.
Issue:
Whether The taking of pictures of an accused violates of his constitutional right against self-incrimination.
Held:
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. (People vs. Gallarde, G.R. No. 133025. February 17, 2000)
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