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In a motion to discharge an accused to become a state witness, it is still the trial court that
determines whether the prosecutions preliminary assessment of the accused-witness qualifications
satisfies the procedural norms. This is a symbiotic relationship as the trial court largely exercises its
prerogative based on the prosecutors findings and evaluation.
Jimenez opposed Judge Docenas ruling averring that the Judge committed
grave abuse of discretion in granting the motion to discharge because: (1)the
requirements for granting a motion were not properly complied; (2)there is no
absolute necessity of the testimony of Montero; (3)Monteros testimony do not
corroborate with the prosecutions evidence; (4) and Montero is favored as a state
witness though he appears to be the most guilty.
ISSUE:
Did Judge Docena gravely abuse his discretion when he granted the motion
to discharge Montero as a state witness?
RULING: