This case has been cited 2 times or more.
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2008-09-11 |
BRION, J. |
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| The aspect of this case that remains unexplored, despite the availability of supporting evidence, is Rosita's out-of-court identification of Rodrigo, done for the first time through a lone photograph shown to her at the police station, and subsequently, by personal confrontation at the same police station at an undisclosed time (presumably, soon after Rodrigo's arrest). Jurisprudence has acknowledged that out-of-court identification of an accused through photographs or mug shots is one of the established procedures in pinning down criminals.[29] Other procedures for out-of-court identifications may be conducted through show-ups where the suspect alone is brought face to face with the witness (a procedure that appears to have been done in the present case as admitted by Rosita[30] and noted in the decision[31]), or through line-ups where a witness identifies the suspect from a group of persons lined up for the purpose.[32] | |||||
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2004-05-27 |
CARPIO, J. |
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| Although showing mug shots of suspects is one of the established methods of identifying criminals,[23] the procedure used in this case is unacceptable. The first rule in proper photographic identification procedure is that a series of photographs must be shown, and not merely that of the suspect.[24] The second rule directs that when a witness is shown a group of pictures, their arrangement and display should in no way suggest which one of the pictures pertains to the suspect.[25] Thus:[W] here a photograph has been identified as that of the guilty party, any subsequent corporeal identification of that person may be based not upon the witness's recollection of the features of the guilty party, but upon his recollection of the photograph. Thus, although a witness who is asked to attempt a corporeal identification of a person whose photograph he previously identified may say, "That's the man that did it," what he may actually mean is, "That's the man whose photograph I identified." | |||||