Monday, June 2, 2014

DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS:

It is a requirement for the discharge of an accused to be a state witness under Section 17, Rule 119 of the Rules of Court that the testimony to be given can be substantially corroborated in its material points. “Sec. 17.  Discharge of accused to be state witness. — When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:  (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) The testimony of said accused can be substantially corroborated in its material points; (d)  Said accused does not appear to be the most guilty; and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.  (emphasis and underscoring supplied)

          The Court is not unaware that as an exception to the general rule requiring corroboration, the uncorroborated testimony of a state witness may be sufficient when it is shown to be sincere in itself because it is given unhesitatingly and in a straightforward manner and full of details which, by their nature, could not have been the result of deliberate afterthought. This exception, however, applies only if the state witness is an eyewitness since the testimony would then be direct evidence.  The above-quoted Section 17 of Rule 119 actually assumes that the testimony of the accused sought to be discharged as a state witness would constitute direct evidence (i.e., that he or she is an eyewitness) in that it requires that there is no other direct evidence, except the testimony of the said accused. (PEOPLE VS. FELICIANO ANABE Y CAPILLAN, G.R. NO. 179033, SEPTEMBER 6, 2010, CARPIO MORALES, J.).

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