State Witness Requisites

1. There is no direct evidence.

2. There is absolute necessity of the evidence.
3. It could be corroborated in its material points.
4. The accused appears to be not the most guilty.
5. He hasnt been convicted of a crime involving moral turpitude.
Can there be more than one state witness? Yes!
Are the requisites the same? Yes!
the requisites uner rule119 and under the WPP are the same! Only the procedure is different.
When you talk of discharge under the WPP, that is applied before the DOJ and at the same time
approved by the Secretary and endorsed to the city or provincial prosecutor. It is applied before the
DOJ.
Therefore, will double jeopardy attach? NO! because it is a discharge BEFORE PLEA, therefore there is
NO double jeopardy. Ok I hope thats clear.
for a prejudicial question in a civil case to suspend a criminal action, it must appear that not only said
case involves facts intimately related to those of the criminal prosecution, but it should also establish
the guilt or innocence of the accused.

Rule 114 - Bail
In case of an application for bail, the judge is entrusted to observe the following duties:
1. Notify the prosecutor of the hearing for the application of bail or require him to submit a
recommendation;
2. Where bail is a matter of discretion, conduct a hearing for the application for bail, regardless of
whether or not the prosecutor refuses to present evidence, ok, so it is mandatory, if it is a matter of
discretion, that there be a hearing;
3. Decide whether the guilt of the accused is strong based on the summary evidence of the prosecution;
and
4. If the guilt of the accused is NOT strong, discharge the accused upon approval of the bail bond. These
are the requirements.
This is the procedure outlined in jurisprudence. You have to take note of that. Again, hearing is required
whether it is a matter of right or a matter of discretion.
The guilt of evidence is STRONG he was convicted! DO you think he would still be realeased on bail?!
NO MORE!
can you apply for bail even if the judgment is final and executory? Aba, pwede? Yes or No? True? I
can apply for bail? As a rule, you can NO longer apply for bail otherwise, lahat ng convict na yan e mag-
aapply ng pyansa, di wala rin, u follow? However, if you applied for probation, you can continue and
youre entitled to one, you can continue on your original bail if one has been given, if you cannot avail
for one because of financial incapacity, what can you do? You can be released on RECOGNIZANCE.
Can you be released on your own recognizance? Can the accused be released on his own
recognizance? Whats the answer? YES ok, True. On his own recognizance or that of a reputable
member of the community.
Motion to Quash, if not raised in a MTQ, will it be waived? Yes, it will be waived, EXCEPT LACK OF
JURISDICTION that it does not constitute an offense, what else, PRESCRIPTION and DOUBLE JEOPARDY.
This is how I would want you to remember this, in such a way that it is not immediately Double
Jeopardy.
Stil on bail, Chua v. CA, Apr12 2007, proper recourse in assailing the the trial courts Omnibus order
cancelling bail, lets say the court cancelled the bail of your client. Can the court cancel? YES. Your
remedy is Motion to Review the said order in the same appeal. So your question on the cancellation of
the bail, should be reaised in the same appeal.

Rule 115 Rights of Accused

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LifeBLood of the country
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LifeBLood of the country
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LifeBLood of the country
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LifeBLood of the country
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