Totality of circumstances test in out-of-court identifications

In Vidar v. People,[1] the Supreme  Court laid down the following considerations in determining whether an out-of-court identification is positive or directive:

In ascertaining whether an out-of-court identification is positive or derivative, the Court has adopted the totality of circumstances test wherein the following factors are taken into consideration: (1) the witness’s opportunity to view the criminal at the time of the crime; (2) the witness’s degree of attention at that time; (3) the accuracy of any prior description given by the witness; (4) the level of certainty demonstrated by the witness at the identification; (5) the length of time between the crime and the identification; and (6) the suggestiveness of the identification procedure.[2]

[1] G.R. No. 177361, February 1, 2010, 611 SCRA 216.

[2] Id.