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FRANCISCO BELTRAN, petitioner, vs.
FELIX SAMSON, Judge of the Second
Judicial District, and FRANCISCO JOSE,
Provincial Fiscal of Isabela, respondents.
Gregorio P. Formoso and Vicente Formoso for
petitioner.
The respondents in their own behalf.
SYLLABUS
1.CRIMINAL PROCEDURE; COMPULSORY
APPEARANCE OF WITNESSES AT FISCAL'S
INVESTIGATIONS; REFUSAL OF WITNESS TO WRITE
FROM DICTATION. The fiscal under section 1687 of
the Administrative Code, and the competent judge, at
the request of the fiscal, may compel witnesses to be
present at the investigation of any crime or
misdemeanor. But this power must be exercised
without prejudice to the constitutional rights of persons
cited to appear. The petitioner, in refusing to write
down what the fiscal had to dictate to him for the
purpose of verifying his handwriting and determining
whether he had written certain documents alleged to
have been falsified, seeks protection his
constitutional privilege.
2.ID.; RIGHTS OF DEFENDANT; TEXT OF
CONSTITUTIONAL PROVISION. The right was
promulgated, both in the Organic Law of the
Philippines of July 1, 1902 and in paragraph 3, section
3 of the Jones Law, which provides (in Spanish); "Ni se