Practice question
The court denies the motion to discharge an accused as State witness. May the prosecution automatically use the sworn statement submitted in support of that denied motion?
- No; Section 17 expressly makes that sworn statement inadmissible when discharge is denied.
- Yes, denial automatically authenticates and admits it.
- Yes, the general ability to testify repeals that protection.
- Yes, every denied application is a confession usable without limits.
- Yes, the applicant’s consent can simply be presumed forever.
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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