Title
Supreme Court
People vs. Nunez
Case
G.R. No. 209342
Decision Date
Oct 4, 2017
Nuaez acquitted of robbery with homicide after Supreme Court found eyewitness identification unreliable, citing suggestive procedures and insufficient proof.

Case Summary (G.R. No. 209342)

Eyewitness Identification and Its Frailties

Both Cruz and Perez made positive in-court identifications of Nuaez nearly eight years after the crime, despite earlier testimony (Cruz in 2002) admitting inability to recall the fourth robber’s features. The lapse of time, stress of the hold-up, absence of prior description, procedural suggestiveness (sole presentation of Nuaez post-arrest), and contradictory accounts between the two witnesses all undermine reliability.

Governing Eyewitness-Identification Standards

Under the 1987 Constitution and Supreme Court precedents, conviction cannot rest solely on uncorroborated eyewitness testimony. Philippine jurisprudence applies the “totality of circumstances” test (People v. Teehankee, Jr.), considering: (1) witness’s opportunity to observe; (2) degree of attention; (3) accuracy of prior description; (4) level of certainty at confrontation; (5) retention interval; and (6) suggestiveness of identification procedure. Complementary “danger signals” (People v. Pineda) further alert courts to weaknesses such as initial inability to identify, long delays, multiple perpetrators, and suggestive line-ups or show-ups.

Application of Totality Test and Danger Signals

  1. Opportunity and Attention: Stress and flight response limited both witnesses’ ability to observe details.
  2. Prior Description and Certainty: No contemporaneous description of the fourth robber; original denial of recognition conflicts with later certainty.
  3. Retention Interval: Eight-plus years elapsed before identification, far exceeding intervals deemed acceptable.
  4. Suggestiveness: Witnesses saw only Nuaez presented alone post-arrest, practically compelling identification.
  5. Inconsistencies: Cruz and Perez offered divergent accounts of how many robbers participated and who fired shots, indicating unreliability.
  6. Danger Signals: Multiple criteria from Pineda are met, including initial nonidentif

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