Rigid requirements for Zaldy to be state witness

A University of the Philippines (UP) law professor said suspended Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan must hurdle rigid court requirements before becoming a state witness in the Maguindanao massacre case. Zaldy is among the 197 people accused of multiple murder in connection with the gruesome Nov. 23, 2009 massacre in Maguindanao province. On Monday, Zaldy has spoken out to express his willingness to turn state witness by telling the truth against whomever is accused in the massacre case, be it his father, Andal Ampatuan Sr., or his brother, Andal Jr. “Yung tatay ko, yung kapatid ko, yung ibang akusado dinidinig na ang kanilang kaso sa korte. Kahit sino pa man na-involve sa krimen na ito na karumal-dumal. Kahit sino pa ang matatamaan, handa ako," he told GMA News in an interview. UP professor Theodore Te, who teaches criminal law, said the move to turn a suspect into a state witness is generally "done with coordination with the public prosecutor who has control over the case." In this case, Zaldy's camp should coordinate with Department of Justice (DOJ) Assistant Regional Prosecutor Peter Medalle, who heads the team of public prosecutors in the massacre case. However, Medalle's boss, Justice Sec. Leila de Lima, said her department is reluctant to make Zaldy a state witness. However, if the DOJ approves Zaldy as a state witness, the department will file with the Quezon City Regional Trial Court Branch 221, the special court handling the massacre case, the motion to remove Zaldy from the list of the accused so he can become a state witness. This motion is called the motion to discharge the accused as a state witness, Te explained. Under Section 17, Rule 119 of the Revised Rules of Criminal Procedure, the accused must satisfy the court with the following requirements:

(a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) The testimony of said accused can be substantially corroborated in its material points; (d) Said accused does not appear to be the most guilty; and (e) Said accused has not at any time been convicted of any offense involving moral turpitude.

The prospective witness — in this case, Zaldy — should also execute an affidavit to detail his knowledge of the crime. "That becomes the basis for admission to [the DOJ's] Witness Protection Program assuming he is discharged as a state witness," added Professor Te. The Revised Rules of Criminal Procedure also stated that evidence presented in support of the accused's discharge shall be part of the criminal case's trial. "If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence," Section 17, Rule 119 added. - VVP/HS, GMA News