Title
Bermudez vs. Castillo
Case
Per. Rec. No. 714-A
Decision Date
Jul 26, 1937
An administrative case where a respondent sought to compel handwriting samples from a complainant, who invoked her constitutional right against self-incrimination. The Supreme Court ruled in favor of the complainant, upholding her refusal and affirming the constitutional protection against self-incrimination.
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Case Digest (Per. Rec. No. 714-A)

Facts:

  1. Administrative Case Investigation: The case involves an administrative investigation conducted by the Solicitor-General against the respondent, Leodegario D. Castillo. During the investigation, the respondent presented six letters (Exhibits 32-37) as evidence, claiming they were written by the complainant, Maria Bermudez. Bermudez denied authorship of these letters but admitted that three other letters (Exhibits 38-40) were in her handwriting.

  2. Request for Handwriting Comparison: The respondent sought to compel Bermudez to copy the six disputed letters in her handwriting for comparison purposes. Bermudez refused, invoking her constitutional right against self-incrimination, arguing that the existing letters (Exhibits 38-40) were sufficient for comparison.

  3. Investigator's Decision: The investigator upheld Bermudez's refusal, denying the respondent's request to compel her to provide additional handwriting samples. The respondent disagreed with this decision and filed a petition to compel Bermudez to furnish new handwriting specimens.

  4. Legal Precedent: The respondent cited the case of Beltran vs. Samson and Jose (53 Phil. 570), where the court ruled that a person cannot be compelled to provide handwriting samples for comparison, as it violates the constitutional right against self-incrimination.

  5. Constitutional Provision: The case hinges on Article III, Section 1, No. 18 of the Philippine Constitution, which states that "No person shall be compelled to be a witness against himself."

  6. Perjury Risk: Bermudez had already testified under oath that she did not write the disputed letters. If compelled to write and her handwriting matched the disputed letters, she could face perjury charges under Article 183 of the Revised Penal Code.

  7. Respondent's Arguments: The respondent relied on foreign jurisprudence (Ex Parte Crow and In re Mackenzie) to argue that Bermudez could be compelled to provide handwriting samples. However, the court found these cases inapplicable to the present situation.

Issue:

  1. Whether the complainant, Maria Bermudez, can be compelled to provide additional handwriting samples for comparison with the disputed letters (Exhibits 32-37).
  2. Whether compelling Bermudez to provide handwriting samples violates her constitutional right against self-incrimination under Article III, Section 1, No. 18 of the Philippine Constitution.
  3. Whether the investigator's decision to uphold Bermudez's refusal was correct.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Concurring and Dissenting Opinions

  • Concurring (Justice Laurel): Justice Laurel concurred with the majority, emphasizing the historical and humanitarian basis of the privilege against self-incrimination. He argued that the constitutional provision should be interpreted liberally to protect individuals from being forced to furnish evidence against themselves.

  • Dissenting (Justice Abad Santos): Justice Abad Santos dissented, arguing that the majority's ruling was unsound and conflicted with established legal principles. He believed that Bermudez, having voluntarily testified, could be compelled to provide handwriting samples for cross-examination purposes. He cited foreign authorities to support his view that the privilege against self-incrimination could be waived in such circumstances.


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