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Clearly, Abarquez was trying to stop Paz from joining the fray, not from helping
Quejong. Paz claims that he was only trying to talk to Almojuela. However, Paz
could not have been merely talking to Almojuela, as he tried to portray, because
Almojuela was already grappling with Quejong at that time. Paz interpreted
Abarquezs action as an attempt to prevent him from helping Quejong. His
interpretation was adopted by the trial court and sustained by the Court of
Appeals. Yet, in his testimony, Paz admitted that while restraining him,
Abarquez was scolding or reprimanding him and telling him to stop. It was not
shown that Abarquez was stopping Paz from helping Almojuela. It is more likely
that Abarquez was trying to stop Paz from joining the fight. Abarquezs act of
trying to stop Paz does not translate to assistance to Almojuela
facts must establish with certainty the guilt of the accused as to convince
beyond reasonable doubt that he was the perpetrator of the offense.
The peculiarity of circumstantial evidence is that the series of events
pointing to the commission of a felony is appreciated not singly but collectively.
The guilt of the accused cannot be deduced from scrutinizing just one
particular piece of evidence
crime
HELD:
NO. Although showing mug shots of suspects is one of the established
methods of identifying criminals, 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. 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. In the present case, the police obviously
suggested the identity of Pineda by showing only the photographs of Pineda
and Sison. The testimony of Ferrer fails the totality of circumstances test.