Title
Can vs. Galing
Case
G.R. No. L-54258
Decision Date
Nov 27, 1987
Petitioner challenged discharge of co-accused as state witness; SC ruled discharge improper due to lack of necessity, prior convictions involving moral turpitude, and available direct evidence.
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Case Digest (G.R. No. L-54258)

Facts:

  1. Case Background:

    • The case involves a petition for certiorari and mandamus filed by Domingo Can to reverse and set aside the Orders of respondent Judge Nicolas Galing, dated 12 May 1980 and 10 June 1980, discharging Emilio Daria from the information in Criminal Case No. 500 for Robbery.
    • The case was filed against Domingo Can, Emilio Daria, Sgt. Jesus Abion, and Francisco Lizardo.
  2. Prosecution’s Motion to Discharge Daria:

    • On 29 November 1979, the prosecuting fiscal moved to discharge Emilio Daria to be used as a state witness, citing the following grounds:
      • Multiple defendants in the case.
      • No other direct evidence available except Daria’s testimony.
      • Absolute necessity for Daria’s testimony.
      • Daria’s testimony could be substantially corroborated.
      • Daria did not appear to be the most guilty.
      • Daria had no prior convictions involving moral turpitude.
      • Daria consented to be a state witness.
  3. Opposition to the Motion:

    • Petitioner Domingo Can and co-accused Francisco Lizardo opposed the motion to discharge Daria.
  4. Respondent Judge’s Orders:

    • On 12 May 1980, the respondent Judge granted the motion to discharge Daria.
    • On 10 June 1980, the motion for reconsideration filed by the petitioner was denied.
  5. Temporary Restraining Order:

    • On 16 July 1980, the Supreme Court issued a temporary restraining order, preventing the respondent Judge from hearing or receiving Daria’s testimony.
  6. Admissions by the Prosecution:

    • The prosecution admitted that Michael Yu, a government witness, had already identified Domingo Can as one of the perpetrators of the robbery.
    • The identities of the other accused were known to authorities even before Daria’s involvement was revealed.
  7. Daria’s Criminal Record:

    • Emilio Daria had prior convictions for attempted murder, carrying a deadly weapon, slander by deed, and slight physical injuries, all involving moral turpitude.

Issue:

The sole issue for resolution is the propriety of the discharge of Emilio Daria from the information in Criminal Case No. 500 to be utilized as a state witness.


Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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