Philippine Bar review · Question

Practice question: Right Against Self-Incrimination

Multiple Choice Hard Jurisprudence

Practice question

In a falsification investigation, a suspect is ordered to take dictation and create a fresh handwriting specimen specifically to compare it with the forged document and establish authorship. Investigators insist that movement of the hand makes the act purely mechanical. Which response follows the Beltran rule discussed in Marcelo?
  1. Every hand movement is necessarily outside self-incrimination protection.
  2. The rule applies only to spoken confessions, never writing.
  3. Fresh compelled handwriting and an existing photograph are always legally identical.
  4. The government may compel any writing whenever it would be useful.
  5. The purely mechanical characterization is insufficient; the cited rule treats compelled creation of the incriminating handwriting specimen as protected.

Legal references

  • Marcelo v. Sandiganbayan, G.R. No. 109242, January 26, 1999, main decision discussing Beltran's compelled handwriting rule: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/29854

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