Practice question
A jointly accused proposed witness appears to be the most guilty. Is being able to perceive and communicate alone enough to satisfy the discharge conditions?
- Yes, ordinary competence necessarily proves all discharge elements.
- Yes, the most-guilty condition applies only to interpreters.
- Yes, the prosecutor may dispense with the condition privately.
- No; Section 17 separately requires that the proposed witness not appear to be the most guilty.
- Yes, clear speech automatically establishes immunity.
Legal references
- A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, current Rule 130, Sections 10-24 as specified: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
- Rules of Court, Rule 119, Section 17, special conditions for discharge as State witness: https://lawphil.net/courts/rules/rc_110-127_crim.html
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