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Article 3. Section 14.

Marina died last night when she was alone at their house they have small business
like tyangge, and then a group of men drinking tanduay rhum in front of their
tyangge until they dont know what they are doing. Marina look so sexy in her Vneck shirt and short shorts one of the guy disrespect her through words and
thoughts, she fight the guy who disrespected her until the group of men irritated
and get inside of their house to rape Marina, when Marina shouting for help Jovill
one of the criminal put a handkerchief in her mouth in order no one could hear and
the conspirators watching outside of the gate they are responsible to watch who is
coming, Jovill punch Marina and she feels pain the criminal lay her down and take
off her clothes, Marina slap him in his face, Jovill try to kiss Marina, but still she slap
Jovill in his face and the criminal stab her four times that cause of her death, the
ballot vendor pass by where the conspirators standing while Jovill cleaning up the
mess, the ballot vendor doubt why they are standing in front of Marinas gate,
During the time when Belssy hear some noise in their neighborhood while she is
washing the dishes, and out of curiosity she glance at the window where he saw a
man rushing down the street he saw Jovill the ex-boyfriend of Marina his face look
so nervous and like trying to escape. Blessy did not give much attention to the guy
and where he came from. In the morning Blessy went out to buy some goods one of
her chismosa friend come to her and gossip about what happened last night in their
neighbor Marina and Blessy told her friend she saw Jovill last night look so nervous
and trying to escape. Marinas mother arrives at their home 9:20 A.M she never
thought she will found her daughter lying down on the floor and no life. After the
incident happened Marinas mother Aling Maria ask their neighborhood if they saw
someone with Marina last night. Chismosa friend open up that Blessy is a witness
that she saw Jovill last night near their house.
People of the Philippines V. Jovill
Prime investigator show Blessy a picture of Jovill, but Blessy did not saw the actual
scene of crime or is it Jovill who committed the crime. Blessy pin pointed Jovill as
the real criminal even she is not sure yet. As the right of the accused, Jovill have his
witness to testify on his behalf to defend or to deny the fact that Blessy is wrong.
The Court pointed out the dangers a photographic identification spawns: an
impermissible suggestion and the risk that the eyewitness would identify the person
he saw in the photograph and not the person he saw actually committing the crime.
The Court stated:
Where 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
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,

"Thats the man that did it," what he may actually mean is, "Thats the man whose
photograph I identified."
A recognition of this psychological phenomenon leads logically to the conclusion
that where a witness has made a photographic identification of a person, his
subsequent corporeal identification of that same person is somewhat impaired in
value, and its accuracy must be evaluated in light of the fact that he first saw a
photograph.
Due process dictates that the photographic identification must be devoid of any
impermissible suggestions in order to prevent a miscarriage of justice.

SHEREE NICHOLE GUILLERGAN


SHYLLENE KATE TERRANIA

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