The constitutional guaranty, that no person shall be compelled in any criminal case to be a witness against himself, is limited to a prohibition against COMPULSORY TESTIMONIAL SELF-INCRIMINATION.

"xxx.

Fully conscious that we are resolving a most extreme case in a sense, which on first impression is a shock to one's sensibilities, we must nevertheless enforce the constitutional provision in this jurisdiction in accord with the policy and reason thereof, undeterred by merely sentimental influences. Once again we lay down the rule that the constitutional guaranty, that no person shall be compelled in any criminal case to be a witness against himself, is LIMITED to a prohibition against COMPULSORY TESTIMONIAL SELF-INCRIMINATION. The corollary to the proposition is that, an OCULAR INSPECTION OF THE BODY of the accused is PERMISSIBLE. The proviso is that TORTURE of force shall be AVOIDED. Whether facts fall within or without the rule with its corollary and proviso must, of course, be decided as cases arise.

It is a reasonable presumption that in an examination by reputable and disinterested physicians due care will be taken not to use violence and not to embarass the patient any more than is absolutely necessary. Indeed, no objection to the physical examination being made by the family doctor of the accused or by doctor of the same sex can be seen.

Although the order of the trial judge, acceding to the request of the assistant fiscal for an examination of the person of the defendant by physicians was phrased in absolute terms, it should, nevertheless, be understood as subject to the limitations herein mentioned, and therefore legal. The writ of habeas corpus prayed for is hereby denied. The costs shall be taxed against the petitioner. So ordered.

Xxx."

BANC
G.R. No. 16444 September 8, 1920

EMETERIA VILLAFLOR, petitioner,
vs.
RICARDO SUMMERS, sheriff of the City of Manila, respondent.

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