551 Phil. 147
PUNO, C.J.:
That on or about October 23, 1995, in the Municipality of Gen. Trias, Province of Cavite, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping each other, with treachery and evident premeditation, then armed with a firearm, did, then and there, wilfully, unlawfully and feloniously assault, attack and shoot one RUBEN PARANE Y MAGSAMBOL, inflicting gunshot wound on his body, resulting to his instantaneous death, to the damage and prejudice of the heirs of the said victim.As per theory of the prosecution, petitioner was the alleged mastermind; Lungcay, the hired hitman; Abutin, the driver of the motorcycle which carried Lungcay to the place of the commission of the crime; while Tampelix delivered the blood money to the latter. All the accused have been arrested and detained, except Edgardo Lungcay who remained at-large.
CONTRARY TO LAW.
We uphold the ruling of the Court of Appeals.
- RESPONDENT COURT OF APPEALS COMMITTED SERIOUS ERROR IN RENDERING THE FIRST, SECOND AND THIRD ASSAILED ORDERS DEFYING LAW AND JURISPRUDENCE THEREON WHEN IT RULED THAT THE "SUBSTANTIAL CORROBORATION" REQUIREMENT UNDER SECTION 9, RULE 119 OF THE REVISED RULES OF COURT WAS SATISFIED BY THE PROSECUTION DESPITE THE FACT THAT -
- THE "SUBSTANTIAL CORROBORATION" REQUIREMENT MUST BE SATISFIED THROUGH THE TESTIMONY OF THE OTHER PROSECUTION WITNESSES WHO ARE NOT AN (sic) ACCUSED SOUGHT TO BE DISCHARGED AS STATE WITNESS, NOT BY ANOTHER ACCUSED LIKEWISE SOUGHT TO BE DISCHARGED.
- THE SWORN STATEMENT OF AN ACCUSED SOUGHT TO BE DISCHARGED CANNOT BE USED AS EVIDENCE FOR PURPOSES OTHER THAN HIS OWN DISCHARGE PRIOR TO THE ISSUANCE BY A COMPETENT COURT OF THE ORDER OF HIS DISCHARGE.
- THE TESTIMONIES OF ABUTIN AND TAMPELIX CANNOT BE SUBSTANTIALLY CORROBORATED IN ITS MATERIAL POINTS BY THE OTHER PROSECUTION WITNESSES.
- THE TESTIMONY GIVEN BY AN ACCUSED SOUGHT TO BE DISCHARGED AS STATE WITNESS CANNOT BE USED TO CORROBORATE THE TESTIMONY GIVEN BY ANOTHER ACCUSED LIKEWISE SOUGHT TO BE DISCHARGED AS STATE WITNESS.
- RESPONDENT COURT OF APPEALS COMMITTED SERIOUS ERROR IN RENDERING THE FIRST, SECOND AND THIRD ASSAILED ORDERS, DEFYING LAW AND JURISPRUDENCE ON THE MATTER, WHEN IT CANCELLED PETITIONER'S BAIL BOND DESPITE THE FACT THAT THE TRIAL COURT JUDGE ALREADY RULED THAT THE EVIDENCE OF HIS GUILT IS NOT STRONG.[3]
(1) Two or more accused are jointly charged with the commission of an offense;According to petitioner, the testimony of an accused sought to be discharged to become a state witness must be substantially corroborated, not by a co-accused likewise sought to be discharged, but by other prosecution witnesses who are not the accused in the same criminal case. Petitioner justifies this theory on the general principles of justice and sound logic. He contends that it is a notorious fact in human nature that a culprit, confessing a crime, is likely to put the blame on others, if by doing so, he will be freed from any criminal responsibility. Thus, in the instant case, petitioner supposes that both Abutin and Tampelix will naturally seize the opportunity to be absolved of any liability by putting the blame on one of their co-accused. Petitioner argues that prosecution witnesses Parane and Salazar, who are not accused, do not have personal knowledge of the circumstances surrounding the alleged conspiracy. Thus, they could not testify to corroborate the statement of Abutin and Tampelix that petitioner is the mastermind or the principal by induction.
(2) The motion for discharge is filed by the prosecution before it rests its case;
(3) The prosecution is required to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge;
(4) The accused gives his consent to be a state witness; and
(5) The trial court is satisfied that: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.[4]
The decision to grant immunity from prosecution forms a constituent part of the prosecution process. It is essentially a tactical decision to forego prosecution of a person for government to achieve a higher objective. It is a deliberate renunciation of the right of the State to prosecute all who appear to be guilty of having committed a crime. Its justification lies in the particular need of the State to obtain the conviction of the more guilty criminals who, otherwise, will probably elude the long arm of the law. Whether or not the delicate power should be exercised, who should be extended the privilege, the timing of its grant, are questions addressed solely to the sound judgment of the prosecution. The power to prosecute includes the right to determine who shall be prosecuted and the corollary right to decide whom not to prosecute.We further ruled:
In reviewing the exercise of prosecutorial discretion in these areas, the jurisdiction of the respondent court is limited. For the business of a court of justice is to be an impartial tribunal, and not to get involved with the success or failure of the prosecution to prosecute. Every now and then, the prosecution may err in the selection of its strategies, but such errors are not for neutral courts to rectify, any more than courts should correct the blunders of the defense. For fairness demands that courts keep the scales of justice at equipoise between and among all litigants. Due process demands that courts should strive to maintain the legal playing field perfectly even and perpetually level.Lastly, we affirm the ruling of the appellate court in cancelling the bail bond of petitioner. The grant of petitioner's application for bail is premature. It has to await the testimony of state witnesses Abutin and Tampelix. Their testimonies must be given their proper weight in determining whether the petitioner is entitled to bail.