FIRST DIVISION
[G.R. No. 243860. June 3, 2019.]
HENRY S. MIRAFUENTES, JR., petitioner, vs.THE PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 243860 (Henry S. Mirafuentes, Jr. v. The People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY this petition for review on certiorari for failure to sufficiently show that the Court of Appeals committed any reversible error in its Decision dated May 10, 2018 and Resolution dated October 24, 2018.
The Court of Appeals is correct in finding that Judge Lily Lydia Laquindanum of the Regional Trial Court (RTC), Branch 20, Digos City, committed no grave abuse of discretion in the issuance of the Order dated July 15, 2016 directing the prosecution to observe the process as provided for under Section 17, Rule 119 1 of the Rules of Court.
WHEREFORE, in view of the foregoing, the Decision and Resolution of the Court of Appeals dated May 10, 2018 and October 24, 2018, respectively, in CA-G.R. SP No. 07715-MIN are AFFIRMED. This case is ordered REMANDED to the Branch 20, Regional Trial Court of Digos City for further proceedings.
SO ORDERED."Carandang, J.,on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. SECTION 17. Discharge of accused to be state witness. — When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:
(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.
Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. (9a)