1. Who is a state witness?

A person charged with the commission of a crime but who is discharged with his consent
so that he/she may be a witness for the State.

2. Who applies for the discharge of the state witness, and where is the
application submitted?

The prosecution submits to the court a motion for the discharge of the state witness.

Republic Act 6981 (the Witness Protection, Security and Benefit Act) also states that the
Department of Justice (DOJ) can "petition the Court for [the accused's] discharge in
order that he can (be) utilized as State Witness."

The court will direct the discharge of the accused after all requirements are met.

3. What are the requirements in order for an accused to be discharged as a

state witness?

Section 9, Rule 119 of the Rules of Court provides for the following requirements:

 There is absolute necessity for the testimony of the accused.

 There is no other direct evidence available for the proper prosecution of the offense
committed, apart from the testimony of the accused.
 The testimony of the accused can be substantially corroborated in its material
points.
 The accused does not appear to be the most guilty.
 The accused hasn't been convicted of any offense involving moral turpitude.

4. What is the procedure for discharging a person as a state witness?

The prosecution should file a motion to discharge the accused as state witness with his
consent.

The court will require the prosecution to present evidence and the sworn statement of
the proposed state witness.

If the court is satisfied, it will discharge the state witness. But if the court denies the
motion for discharge, the State can file a petition for certiorari.

5. What are the effects of the discharge?

 Evidence in support of the discharge shall automatically form part of the trial
(unless the court denies the motion to discharge).
 The discharge is equivalent to an acquittal, unless the witness fails or refuses to
testify later on.

6. How can a state witness be admitted to the Witness Protection, Security

and Benefits Program?
While the application as state witness is the domain of the court, the application for
admission in the program is filed to and approved by DOJ.

An application form may be obtained from the Witness Protection Security and Benefit
Program Secretariat (at the DOJ building in Padre Faura, Manila) or from any Regional
State Prosecutor.

7. What are the requirements in order for a state witness to be admitted in

the program?

RA 6981 states the same requirements listed Section 9, Rule 119 of the Rules of Court
(see #3 above), but adds another requirement:

 The offense in which the accused testimony will be used is a grave felony as defined
under the Revised Penal Code or its equivalent under special laws

WHAT IS THE PROCEDURE FOR DISCHARGING A PERSON AS A

STATE WITNESS?

1. Before resting its case, the prosecution should file a motion to discharge the
accused as a state witness with his consent

2. The court will require the prosecution to present evidence and the sworn statement
of the proposed state witness at a hearing in order to support the discharge

3. The court will determine if the requisites of giving the discharge are present.
Evidence adduced in support of the discharged shall automatically form part of the trial

4. If the court is satisfied, it will discharge the state witness. The discharge is
equivalent to an acquittal, unless the witness later fails or refuses to testify

5. The court denies the motion for discharge, his sworn statement shall be inadmissible
as evidence