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    Case Digets BELTRAN

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    Gen Cabrillas
    1) Francisco Beltran petitioned for a writ of prohibition against a judge's order that he write out dictation from a provincial fiscal for the purpose of comparing his handwriting to documents suspected of being falsified. 2) Beltran argued this violated his constitutional right not to be compelled to be a witness against himself in a criminal case. 3) The court ruled that requiring someone to provide a handwriting sample amounts to compelling them to produce self-incriminating evidence, and upheld Beltran's constitutional privilege against being forced to do so.

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    Case Digets BELTRAN

    Uploaded by

    Gen Cabrillas
    42 views1 page
    1) Francisco Beltran petitioned for a writ of prohibition against a judge's order that he write out dictation from a provincial fiscal for the purpose of comparing his handwriting to documents suspected of being falsified. 2) Beltran argued this violated his constitutional right not to be compelled to be a witness against himself in a criminal case. 3) The court ruled that requiring someone to provide a handwriting sample amounts to compelling them to produce self-incriminating evidence, and upheld Beltran's constitutional privilege against being forced to do so.

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    Case-Digets-BELTRAN

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    1) Francisco Beltran petitioned for a writ of prohibition against a judge's order that he write out dictation from a provincial fiscal for the purpose of comparing his handwriting to documents suspected of being falsified. 2) Beltran argued this violated his constitutional right not to be compelled to be a witness against himself in a criminal case. 3) The court ruled that requiring someone to provide a handwriting sample amounts to compelling them to produce self-incriminating evidence, and upheld Beltran's constitutional privilege against being forced to do so.

    Copyright:

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

    Case Digets BELTRAN

    Uploaded by

    Gen Cabrillas
    1) Francisco Beltran petitioned for a writ of prohibition against a judge's order that he write out dictation from a provincial fiscal for the purpose of comparing his handwriting to documents suspected of being falsified. 2) Beltran argued this violated his constitutional right not to be compelled to be a witness against himself in a criminal case. 3) The court ruled that requiring someone to provide a handwriting sample amounts to compelling them to produce self-incriminating evidence, and upheld Beltran's constitutional privilege against being forced to do so.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    FRANCISCO BELTRAN

    vs.
    FELIX SAMSON, Judge of the Second Judicial District, and FRANCISCO JOSE,
    Provincial Fiscal of Isabela

    G.R. No. 32025           September 23, 1929

    Facts:

    This is a petition for a writ of prohibition, wherein the petitioner complains that the respondent
    judge ordered him to appear before the provincial fiscal to take dictation in his own handwriting
    from the latter.

    The order was given upon petition of said fiscal for the purpose of comparing the petitioner's
    handwriting and determining whether or not it is he who wrote certain documents supposed to be
    falsified.

    The petitioner, in refusing to perform what the fiscal demanded, seeks refuge in the
    constitutional provision contained in the Jones Law and incorporated in General Orders, No. 58
    reads as follows: "Nor shall be compelled in any criminal case to be a witness against himself."

    Issue:

    Whether or not the writing from the fiscal's dictation by the petitioner for the purpose of
    comparing the latter's handwriting and determining whether he wrote certain documents
    supposed to be falsified, constitutes evidence against himself within the scope and meaning of
    the constitutional provision under examination.

    Ruling:

    For the purposes of the constitutional privilege, there is a similarity between one who is
    compelled to produce a document, and one who is compelled to furnish a specimen of his
    handwriting, for in both cases, the witness is required to furnish evidence against himself.

    In the present case is more serious than that of compelling the production of documents or
    chattels, because here the witness is compelled to write and create, by means of the act of
    writing, evidence which does not exist, and which may identify him as the falsifier.

    It cannot be contended in the present case that if permission to obtain a specimen of the
    petitioner's handwriting is not granted, the crime would go unpunished. Considering the
    circumstance that the petitioner is a municipal treasurer, according to Exhibit A, it should not be
    a difficult matter for the fiscal to obtained genuine specimens of his handwriting. But even
    supposing it is impossible to obtain specimen or specimens without resorting to the means
    complained herein, that is no reason for trampling upon a personal right guaranteed by the
    constitution. This constitutional privilege exists for the protection of innocent persons.

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