Practice question
An interested witness can perceive and communicate, and no privilege or specific legal bar applies. The opponent invokes the special State-witness rules even though no accused-discharge procedure is sought. Which is sound?
- Every interested witness automatically must be an accused seeking discharge.
- Interest alone is not general disqualification; the special discharge conditions should not be indiscriminately imposed on ordinary testimony.
- All ordinary witnesses must satisfy every Section 17 condition.
- Only witnesses with no personal stake can ever testify.
- A prosecutor can forbid testimony solely by calling it State-witness evidence.
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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