People vs.

Gallarde
G.R. No. 133025
February 17, 2000
FACTS:
This petition seeks an appeal from the decision rendered by RTC Tayug, Pangasinan,
finding accused Gallarde guilty of the crime of murder of Editha Talan, 10 years old. However in
the information filed, he was charged with the special complex crime of rape with homicide.
According to the witnesses, Editha was last seen talking to Gallarde before the formers death.
As a search was conducted for the child, the accused was seen near the place where the slipper of
the child was found, and the accuseds body was covered with soil. Eventually, the body of the
victim was found in the same place. Upon trial, the court rejected photos of Gallarde
immediately after the incident since they were allegedly taken under the mercy of the police.
As revealed in the examination, Edithas death was caused by the suffocation of the lungs
due to a powerful covering of the nose and mouth, also with the laceration of her vagina and
hymen. The RTC rendered the decision finding Gallarde guilty of murder, but not for the crime
of rape as alleged. He now questions the validity of his conviction.
ISSUE:
1. Whether or not the RTC erred in convicting Gallarde, violating his right to selfincrimination.
HELD:
1. No.
The Court ruled that taking of pictures of an accused to a criminal act, even without the latter
being assisted by a competent counsel does not violate the accuseds right to self-incrimination
for these are just mechanical acts. The mentioned right just guards against moral or physical
compulsion to extort communications from the accused. Purely mechanical acts are not covered
by the prohibition since the accused is not made to speak of his guilt so a counsel is not needed.
The right focuses on testimonial compulsion, the giving of evidence against himself.

Prepared by: Jo-Anne D. Coloquio