This case has been cited 2 times or more.
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2008-03-07 |
TINGA, J, |
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| Moreover and more importantly, an order discharging an accused from the information in order that he may testify for the prosecution has the effect of an acquittal.[27] Once the discharge is ordered by the trial court, any future development showing that any or all of the conditions provided in Section 17, Rule 119 have not actually been fulfilled will not affect the legal consequence of an acquittal.[28] Any witting or unwitting error of the prosecution, therefore, in moving for the discharge and of the court in granting the motion no question of jurisdiction being involved will not deprive the discharged accused of the benefit of acquittal and of his right against double jeopardy. A contrary rule would certainly be unfair to the discharged accused because he would then be faulted for a failure attributable to the prosecutor. It is inconceivable that the rule has adopted the abhorrent legal policy of placing the fate of the discharged accused at the mercy of anyone who may handle the prosecution.[29] Indeed, the only instance where the testimony of a discharged accused may be disregarded is when he deliberately fails to testify truthfully in court in accordance with his commitment,[30] as provided for in Section 18, Rule 119. Potencio lived up to his commitment and for that reason, petitioner's challenge against his discharge must be dismissed. | |||||