Iris Anthonniette Sunga

CRIMINAL PROCEDURE 23 MAY, 2016

WITNESS
State witness
A state witness is a person charged with the commission of a crime but who is discharged with
his consent so that he/she may be a witness for the State. Section 9, Rule 119 of the Rules of
Court stated that there are five qualifications in order for a person to be a state witness.
1. There is absolute necessity for the testimony of the accused whose discharge is requested.
This requirement is aimed to curtail miscarriage of justice. Absolute necessity of the
testimony of the defendant, whose discharge is requested must be shown, if the discharge is to be
allowed, and it is the court upon which the power to determine the necessity is lodged.
2. There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused.
The discharge of the witness may only be made if he alone has knowledge of the crime
and not when his testimony would simply corroborate or otherwise strengthen the evidence in the
hands of the prosecution.
3. The testimony of said accused can be substantially corroborated in its material points.
This is an indispensable requirement because it is a known fact in human nature that a
culprit confessing a crime is likely to put the blame on others rather than himself.
4. Said accused does not appear to be the most guilty.
The law only requires is that the defendant whose exclusion is requested does not appear
to be the most guilty, not necessarily that he is the least guilty.
5. Said accused has not at any time been convicted of any offense involving moral turpitude.
Moral turpitude is defined as anything done contrary to justice, honesty, principle or good
morals. In this requirement prior conviction is necessary, so if the witness being discharged was
merely accused of a crime involving moral turpitude or has been acquitted of the same, he is still
eligible for discharge.
Effect of Discharge
The discharge of an accused operates as acquittal and shall be a bar to future prosecution for the
same offense, unless the accused fails or refuses to testify against his co-accused in accordance
with his sworn statement constituting the basis for his discharge.
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Protected Witness
A Protected Witness is any person who has witnessed or has knowledge or information on the
commission of a crime and has testified or is testifying or about to testify before any judicial or
quasi-judicial body, or before any investigating authority.
The qualifications of the protected witness are as follows:
a) the offense in which his testimony will be used is a grave felony as defined under the Revised
Penal Code, or its equivalent under special laws;
b) his testimony can be substantially corroborated in its material points;
c) he or any member of his family within the second civil degree of consanguinity or affinity is
subjected to threats to his life or bodily injury or there is a likelihood that he will be killed,
forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or
evasively, because or on account of his testimony; and
d) he is not a law enforcement officer, even if he would be testifying against other law
enforcement officers. in such a case, only the immediate members of his family may avail
themselves of the protection provided for under the Act.
Witness Protection Program
Under the law (RA 6981), a State Witness and Protected Witness are the two types of
prospective witnesses which may seek admission into the witness protection program.
This is governed by section 3 of the Act to wit:

"any person who has witnessed or has knowledge or information on the commission of a
crime and has testified or is testifying or about to testify before any judicial or quasijudicial body, or before any investigating authority, may be admitted into the Program."
And is also provided in Section 10 thereof which reads:
Sec. 10. State Witness. Any person who has participated in the commission of a crime
and desires to be a witness for the State, can apply and, if qualified as determined in this
Act and by the Department, shall be admitted into the Program

The only difference between a State Witness and a Protected Witness is that the former has
participated in the commission of the crime while the latter has mere knowledge or information
on the circumstances surrounding the crime.

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