WHAT ARE THE REQUIREMENTS FOR THE ACCUSED TO BE DISCHARGED AS STATE WITNESS?

The requirements for the discharge and utilization of an accused as a state witness are enumerated in Rule 119, Section 1712 of the Revised Rules of Criminal Procedure, viz:

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 the 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.

The trial court did not err in discharging Jerry Soriano to be utilized as a state witness. First, the testimony of Jerry Soriano was absolutely necessary as the prosecution has no direct evidence to prove the identity of the malefactors Mamerto Soriano, Felix Corpuz, Mario Verceles and Pablo Ramos. The record reveals that the five accused were together on the night the robbery and rape took place. He may not have witnessed the actual robbery and rape, but he has personal knowledge of the robbery when he saw the three accused return to the place where he and Pablo Ramos were allegedly tied, carrying with them the properties said to have been stolen. Second, Jerry Soriano’s testimony was corroborated in its material points by other prosecution witnesses and physical evidence. These are: (a) the testimony of Maribeth Bolito that there were three malefactors, one of whom sexually abused her and two of whom just stood at the door; (b) the testimony of Rosita Quilates that her properties were stolen; and (c) the testimony of SPO2 Renato Solomon that they were able to recover the stolen properties from a certain Andres Tirano who bought them from accused Mamerto Soriano. Lastly, Jerry Soriano does not appear to be the most guilty for he was not a co-conspirator in the robbery with rape. He merely accompanied the accused and received three hundred pesos as his share in the proceeds of the sale of the stolen properties. Besides, the question of whether Jerry Soriano appears to be the most guilty is a factual issue. The discretionary judgment of the trial court on this matter is seldom interfered with by appellate court except in case of grave abuse of discretion.13 We find no good reason to disturb the trial court’s findings of facts.