Beltran and Gamboa case
FRANCISCO BELTRAN v FELIX SAMSON
FACTS
Francisco Beltran is a municipal treasurer accused of Falsification of Public Documents. Felix Samson, Judge of the Second Judicial District ordered Francisco Beltran to appear before the Provincial Fiscal of Isabela, Francisco Jose, to take dictations in his own handwriting from the latter. The purpose for such was for the fiscal to compare Beltran's handwriting and to determine if it is he who wrote certain documents supposed to be falsified. Beltran filed a petition for a writ of prohibition.
Petitioner refused to write a sample of his handwriting as ordered by the respondent Judge. The petitioner in this case contended that such order would be a violation of his constitutional right against self-incrimination because such examination would give the prosecution evidence against him, which the latter should have gotten in the first place. He also argued that such an act will make him furnish evidence against himself.
ISSUE
WON the act of writing on the dictation of the judge so as to compare the petitioner’s handwriting from that of the falsified documents, a transgression of his right against self- incrimination
HELD
CRIMINAL PROCEDURE; COMPULSORY APPEARANCE OF WITNESSES AT FISCAL’S INVESTIGATIONS; REFUSAL OF WITNESS TO WRITE FROM DICTATION. — The fiscal under section 1687 of the Administrative Code, and the competent judge, at the request of the fiscal, may compel witnesses to be present at the investigation of any crime or misdemeanor. But this power must be exercised without prejudice to the constitutional rights of persons cited to appear. The petitioner, in refusing to write down what the fiscal had to dictate to him for the purpose of verifying his handwriting and determining whether he had written certain documents alleged to have been falsified, seeks protection — his constitutional privilege.
2. ID.; RIGHTS OF DEFENDANT; TEXT OF CONSTITUTIONAL PROVISION. — The right was promulgated, both in the Organic Law of
FACTS
Francisco Beltran is a municipal treasurer accused of Falsification of Public Documents. Felix Samson, Judge of the Second Judicial District ordered Francisco Beltran to appear before the Provincial Fiscal of Isabela, Francisco Jose, to take dictations in his own handwriting from the latter. The purpose for such was for the fiscal to compare Beltran's handwriting and to determine if it is he who wrote certain documents supposed to be falsified. Beltran filed a petition for a writ of prohibition.
Petitioner refused to write a sample of his handwriting as ordered by the respondent Judge. The petitioner in this case contended that such order would be a violation of his constitutional right against self-incrimination because such examination would give the prosecution evidence against him, which the latter should have gotten in the first place. He also argued that such an act will make him furnish evidence against himself.
ISSUE
WON the act of writing on the dictation of the judge so as to compare the petitioner’s handwriting from that of the falsified documents, a transgression of his right against self- incrimination
HELD
CRIMINAL PROCEDURE; COMPULSORY APPEARANCE OF WITNESSES AT FISCAL’S INVESTIGATIONS; REFUSAL OF WITNESS TO WRITE FROM DICTATION. — The fiscal under section 1687 of the Administrative Code, and the competent judge, at the request of the fiscal, may compel witnesses to be present at the investigation of any crime or misdemeanor. But this power must be exercised without prejudice to the constitutional rights of persons cited to appear. The petitioner, in refusing to write down what the fiscal had to dictate to him for the purpose of verifying his handwriting and determining whether he had written certain documents alleged to have been falsified, seeks protection — his constitutional privilege.
2. ID.; RIGHTS OF DEFENDANT; TEXT OF CONSTITUTIONAL PROVISION. — The right was promulgated, both in the Organic Law of