G.R. No. and Date: G.R. No. L-12778; August 3, 1917

FACTS:
The defendant-appellant, Ong Siu Hong, was convicted for a violation of the Opium Law. The prosecution’s evidence, presented by members of the secret service, was found credible by the trial court. A key factual circumstance involved the authorities forcing the accused to discharge morphine from his mouth. On appeal, the defense raised a constitutional challenge, contending that this act of forcing the substance from the accused’s person violated his right against self-incrimination under the Philippine Bill of Rights.

ISSUE:
Whether compelling the accused to discharge morphine from his mouth constitutes a violation of the constitutional right against self-incrimination.

RULING:
No. The Supreme Court, sitting en banc, held that the act did not violate the constitutional guarantee against self-incrimination. The Court, by analogy to its prior ruling in U.S. vs. Tan Teng and other persuasive authorities, reasoned that forcing a prohibited drug from the person of the accused is akin to requiring him to exhibit himself before the court or introducing into evidence articles lawfully taken from his possession. The constitutional provision is primarily designed to prohibit “testimonial compulsion” that is, the extortion of confessions or incriminating statements through oral examination. The introduction of physical evidence obtained from the accused’s person does not fall within this prohibition. Accordingly, the conviction was affirmed. However, following its practice in similar cases, the Court modified the penalty imposed by the trial court to the minimum provided by law: three months of imprisonment and a fine of P300, with subsidiary imprisonment in case of insolvency.

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