State witness

"Xxx.

Respecting the assigned error in discharging Sumipo as a state witness, the same does not lie.

The conditions for the discharge of an accused as a state witness are as follows:

(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; andcralawlibrary

(e) Said accused has not at any time been convicted of any offense involving moral turpitude.32

These conditions were established by the prosecution. Sumipo was the only person other than appellants who had personal knowledge of the acts for which they were being prosecuted. Only he could positively identify appellants as the perpetrators of the crime. He does not appear to be the most guilty. He did not participate in planning the commission of the crime. He in fact at first thought that Maritess was joking when she said, "Diretsong dukot na rin kay Charlie." He tried to dissuade appellants from pursuing their plan. He did not participate in the actual stabbing. And he tried to extricate himself from the attempts to extract ransom from the victim's family.

Sumipo's testimony was corroborated on material points. The victim's mother testified regarding the demands for ransom.33 Cesar Moscoso, an employee of Casa Leonisa, testified to seeing the victim, Estacio, and Maritess at the bar-restaurant on the day and at the time in question.34 Henry Hong, the victim's cousin who arrived at Pizza Hut, Greenhills ahead of the victim's brother during the scheduled delivery of the ransom, testified to seeing Estacio there with companions.35 And the victim's skeletal remains were found at the scene of the crime upon Estacio's information and direction.

And there is no proof that Sumipo had, at any time, been convicted of a crime involving moral turpitude.

Even assuming arguendo that the discharge of Sumipo as a state witness was erroneous, such error would not affect the competency and quality of his testimony.36

Xxx."

PEOPLE OF THE PHILIPPINES, Appellee, v. PABLO L. ESTACIO, JR. and MARITESS ANG, Appellants. G.R. NO. 171655, July 22, 2009.

Source :

https://www.chanrobles.com/scdecisions/jurisprudence2009/jul2009/gr_171655_2009.php