JASTIN G.

JALECO BLOCK B CRIMINAL PROCEDURE

PEOPLE OF THE PHILIPPINES, Appellee

Vs.
PABLO L. ESTACIO, JR. and MARITESS ANG, Appellants
G.R. No. 171655
July 22, 2009
FACTS:
Appellants and one Hildo Sumipo allegedly kidnapped and later on killed Charlie
Chua. Based from the findings Sumipo tried to dissuade the appellants not to kill
Chua, despite, appellants still kill Chua. Thereafter they were charged for the crime
of kidnapping for ransom. Thereafter they are arrested and detained. The
prosecution discharged Hildo Sumipo as its state witness. Appellants questions the
validity of Sumipos discharge as state witness.

ISSUE:

Whether Sumipo can be charged as a state witness?

RULING:

The Court held that Sumipo can be validly discharged as a witness given the
requirements laid down on Section 17, Rule 119 of the Rules of Court:
(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;
and
(e) Said accused has not at any time been convicted of
any offense involving moral turpitude.
It is evident that 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 victims family. Lastly, there is
no proof that Sumipo had, at any time, been convicted of a crime involving moral
turpitude.
JASTIN G. JALECO BLOCK B CRIMINAL PROCEDURE