Friday, July 31, 2009

Discharge of Accused as State Witness

The conditions for the discharge of an accused as a state witness are as follows:
  1. There is absolute necessity for the testimony of the accused whose discharge is requested;
  2. There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
  3. The testimony of said accused can be substantially corroborated in its material points;
  4. Said accused does not appear to be the most guilty; and
  5. Said accused has not at any time been convicted of any offense involving moral turpitude. (People v. Estacio, G.R. No. 171655, July 22, 2009)

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