SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

G.R. No. 197291. April 3, 2013.*

DATU ANDAL AMPATUAN, JR., petitioner, vs. SEC.
LEILA DE LIMA, as Secretary of the Department of
Justice, CSP CLARO ARELLANO, as Chief State
Prosecutor, National Prosecution Service, and PANEL OF
PROSECUTORS OF THE MAGUINDANAO MASSACRE,
headed by RSP PETER MEDALLE, respondents.

Remedial Law; Criminal Procedure; Prosecutors; The public

prosecutors are solely responsible for the determination of the
amount of evidence sufficient to establish probable cause to justify
the filing of appropriate criminal charges against a respondent.·
The prosecution of crimes pertains to the Executive Department of
the Government whose principal power and responsibility are to see
to it that our laws are faithfully executed. A necessary component of
the power to execute our laws is the right to prosecute their
violators. The right to prosecute vests the public prosecutors with a
wide range of discretion―the discretion of what and whom to
charge, the exercise of which depends on a smorgasbord of factors
that are best appreciated

_______________

* FIRST DIVISION.

160

160 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

by the public prosecutors. The public prosecutors are solely

responsible for the determination of the amount of evidence
sufficient to establish probable cause to justify the filing of
appropriate criminal charges against a respondent. Theirs is also

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 1 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

the quasi-judicial discretion to determine whether or not criminal

cases should be filed in court.
Same; Same; Consistent with the principle of separation of
powers enshrined in the Constitution, the Court deems it a sound
judicial policy not to interfere in the conduct of preliminary
investigations, and to allow the Executive Department, through the
Department of Justice, exclusively to determine what constitutes
sufficient evidence to establish probable cause for the prosecution of
supposed offenders.·Consistent with the principle of separation of
powers enshrined in the Constitution, the Court deems it a sound
judicial policy not to interfere in the conduct of preliminary
investigations, and to allow the Executive Department, through the
Department of Justice, exclusively to determine what constitutes
sufficient evidence to establish probable cause for the prosecution of
supposed offenders. By way of exception, however, judicial review
may be allowed where it is clearly established that the public
prosecutor committed grave abuse of discretion, that is, when he
has exercised his discretion „in an arbitrary, capricious, whimsical
or despotic manner by reason of passion or personal hostility, patent
and gross enough as to amount to an evasion of a positive duty or
virtual refusal to perform a duty enjoined by law.‰
Same; Witnesses; State Witnesses; The two modes by which a
participant in the commission of a crime may become a state witness
are, namely: (a) by discharge from the criminal case pursuant to
Section 17 of Rule 119 of the Rules of Court; and (b) by the approval
of his application for admission into the Witness Protection Program
of the Department of Justice (DOJ) in accordance with Republic Act
No. 6981 (The Witness Protection, Security and Benefit Act).·The
two modes by which a participant in the commission of a crime may
become a state witness are, namely: (a) by discharge from the
criminal case pursuant to Section 17 of Rule 119 of the Rules of
Court; and (b) by the approval of his application for admission into
the Witness Protection Program of the DOJ in accordance with
Republic Act No. 6981 (The Witness Protection, Security and Benefit
Act). These modes are intended to encourage a person who has
witnessed

161

VOL. 695, APRIL 3, 2013 161

Ampatuan, Jr. vs. De Lima

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 2 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

a crime or who has knowledge of its commission to come forward

and testify in court or quasi-judicial body, or before an investigating
authority, by protecting him from reprisals, and shielding him from
economic dislocation.
Same; Same; Same; Under Section 17, Rule 119 of the Rules of
Court, the discharge by the trial court of one or more of several
accused with their consent so that they can be witnesses for the State
is made upon motion by the Prosecution before resting its case.·
Under Section 17, Rule 119 of the Rules of Court, the discharge by
the trial court of one or more of several accused with their consent
so that they can be witnesses for the State is made upon motion by
the Prosecution before resting its case. The trial court shall require
the Prosecution to present evidence and the sworn statements of
the proposed witnesses at a hearing in support of the discharge. The
trial court must ascertain if the following conditions fixed by
Section 17 of Rule 119 are complied with, namely: (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 most guilty; and (e) said accused has not at any time been
convicted of any offense involving moral turpitude.
Same; Same; Same; A participant in the commission of the
crime, to be discharged to become a state witness pursuant to Rule
119, must be one charged as an accused in the criminal case.·A
participant in the commission of the crime, to be discharged to
become a state witness pursuant to Rule 119, must be one charged
as an accused in the criminal case. The discharge operates as an
acquittal of the discharged accused and shall be a bar to his future
prosecution for the same offense, unless he fails or refuses to testify
against his co-accused in accordance with his sworn statement
constituting the basis for his discharge. The discharge is expressly
left to the sound discretion of the trial court, which has the
exclusive responsibility to see to it that the conditions prescribed by
the rules for that purpose exist.

162

162 SUPREME COURT REPORTS ANNOTATED

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 3 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

Ampatuan, Jr. vs. De Lima

Same; Same; Same; While it is true that, as a general rule, the

discharge or exclusion of a co-accused from the information in order
that he may be utilized as a Prosecution witness rests upon the
sound discretion of the trial court, such discretion is not absolute
and may not be exercised arbitrarily, but with due regard to the
proper administration of justice.·While it is true that, as a general
rule, the discharge or exclusion of a co-accused from the information
in order that he may be utilized as a Prosecution witness rests upon
the sound discretion of the trial court, such discretion is not
absolute and may not be exercised arbitrarily, but with due regard
to the proper administration of justice. Anent the requisite that
there must be an absolute necessity for the testimony of the accused
whose discharge is sought, the trial court has to rely on the
suggestions of and the information provided by the public
prosecutor. The reason is obvious―the public prosecutor should
know better than the trial court, and the Defense for that matter,
which of the several accused would best qualify to be discharged in
order to become a state witness. The public prosecutor is also
supposed to know the evidence in his possession and whomever he
needs to establish his case, as well as the availability or non-
availability of other direct or corroborative evidence, which of the
accused is the Âmost guiltyÊ one, and the like.
Same; Same; Same; Republic Act No. 6981; The admission as a
state witness under Republic Act No. 6981 also operates as an
acquittal, and said witness cannot subsequently be included in the
criminal information except when he fails or refuses to testify.·
There is no requirement under Republic Act No. 6981 for the
Prosecution to first charge a person in court as one of the accused in
order for him to qualify for admission into the Witness Protection
Program. The admission as a state witness under Republic Act No.
6981 also operates as an acquittal, and said witness cannot
subsequently be included in the criminal information except when
he fails or refuses to testify. The immunity for the state witness is
granted by the DOJ, not by the trial court. Should such witness be
meanwhile charged in court as an accused, the public prosecutor,
upon presentation to him of the certification of admission into the
Witness Protection Program, shall petition the trial court for the
discharge of the witness. The Court shall then order the discharge
and exclusion of said accused from the information.

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 4 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

163

VOL. 695, APRIL 3, 2013 163

Ampatuan, Jr. vs. De Lima

Same; Special Civil Actions; Mandamus; Mandamus shall issue

when any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act that the law specifically enjoins as
a duty resulting from an office, trust, or station.―Man​damus shall
issue when any tribunal, corporation, board, officer or person
unlawfully neglects the performance of an act that the law
specifically enjoins as a duty resulting from an office, trust, or
station. It is proper when the act against which it is directed is one
addressed to the discretion of the tribunal or officer. In matters
involving the exercise of judgment and discretion, mandamus may
only be resorted to in order to compel respondent tribunal,
corporation, board, officer or person to take action, but it cannot be
used to direct the manner or the particular way discretion is to be
exercised, or to compel the retraction or reversal of an action
already taken in the exercise of judgment or discretion.

PETITION for review on certiorari of an order of the

Regional Trial Court of Manila, Br. 26.
The facts are stated in the opinion of the Court.
Fortun, Narvasa & Salazar for petitioner.

BERSAMIN, J.:
In matters involving the exercise of judgment and
discretion, mandamus cannot be used to direct the manner
or the particular way the judgment and discretion are to be
exercised. Consequently, the Secretary of Justice may be
compelled by writ of mandamus to act on a letter-request
or a motion to include a person in the information, but may
not be compelled by writ of mandamus to act in a certain
way, i.e., to grant or deny such letter-request or motion.

The Case

This direct appeal by petition for review on certiorari

has been taken from the final order issued on June 27,
2011 in

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 5 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

164

164 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

Civil Case No. 10-1247771 by the Regional Trial Court

(RTC), Branch 26, in Manila, dismissing petitionerÊs
petition for mandamus.2

Antecedents

History will never forget the atrocities perpetrated on

November 23, 2009, when 57 innocent civilians were
massacred in Sitio Masalay, Municipality of Ampatuan,
Maguindanao Province. Among the principal suspects was
petitioner, then the Mayor of the Municipality of Datu
Unsay, Maguindanao Province. Inquest proceedings were
conducted against petitioner on November 26, 2009 at the
General Santos (Tambler) Airport Lounge, before he was
flown to Manila and detained at the main office of the
National Bureau of Investigation (NBI). The NBI and the
Philippine National Police (PNP) charged other suspects,
numbering more than a hundred, for what became aptly
known as the Maguindanao massacre.3
Through Department Order No. 948, then Secretary of
Justice Agnes Devanadera constituted a Special Panel of
Prosecutors to conduct the preliminary investigation.
On November 27, 2009, the Department of Justice (DOJ)
resolved to file the corresponding informations for murder
against petitioner, and to issue subpoenae to several
persons.4 On December 1, 2009, 25 informations for murder
were also filed against petitioner in the Regional Trial
Court, 12th Judicial Region, in Cotabato City.5

_______________
1 Entitled Datu Andal Ampatuan, Jr. v. Secretary Leila De Lima, as
Secretary of the Department of Justice, CSP Claro Arellano, as Chief
State Prosecutor, National Prosecution Service, and Panel of Prosecutors
of the Maguindanao Massacre, headed by DCSP Richard Fadullon.
2 Rollo, pp. 45-46.
3 Id., at p. 258.

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 6 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

4 Id., at pp. 672-678.

5 Id., at pp. 679-751.

165

VOL. 695, APRIL 3, 2013 165

Ampatuan, Jr. vs. De Lima

On December 3, 2009, Secretary of Justice Devanadera

transmitted her letter to Chief Justice Puno requesting the
transfer of the venue of the trial of the Maguindanao
massacre from Cotabato City to Metro Manila, either in
Quezon City or in Manila, to prevent a miscarriage of
justice.6 On December 8, 2009, the Court granted the
request for the transfer of venue.7 However, on December 9,
2009, but prior to the transfer of the venue of the trial to
Metro Manila, the Prosecution filed a manifestation
regarding the filing of 15 additional informations for
murder against petitioner in Branch 15 of the Cotabato
City RTC.8 Later on, additional informations for murder
were filed against petitioner in the RTC in Quezon City,
Branch 211, the new venue of the trial pursuant to the
resolution of the Court.9
The records show that petitioner pleaded not guilty to
each of the 41 informations for murder when he was
arraigned on January 5, 2010,10 February 3, 2010,11 and
July 28, 2010.12
In the joint resolution issued on February 5, 2010, the
Panel of Prosecutors charged 196 individuals with multiple
murder in relation to the Maguindanao massacre.13 It
appears that in issuing the joint resolution of February 5,
2010 the Panel of Prosecutors partly relied on the twin
affidavits of one Kenny Dalandag, both dated December 7,
2009.14
On August 13, 2010, Dalandag was admitted into the
Witness Protection Program of the DOJ.15 On September 7,
2010,

_______________
6 Id., at p. 752.
7 Id., at pp. 753-757.

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 7 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

8 Id., at pp. 758-759.

9 Id., at pp. 805-806.
10 Id., at p. 839.
11 Id., at p. 840.
12 Id., at p. 841.
13 Id., at pp. 65-141.
14 Id., at pp. 180-189.
15 Id., at p. 842.

166

166 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

the QC RTC issued its amended pre-trial order,16 wherein

Dalandag was listed as one of the Prosecution witnesses.17
On October 14, 2010, petitioner, through counsel, wrote
to respondent Secretary of Justice Leila De Lima and
Assistant Chief State Prosecutor Richard Fadullon to
request the inclusion of Dalandag in the informations for
murder considering that Dalandag had already confessed
his participation in the massacre through his two sworn
declarations.18 Petitioner reiterated the request twice more
on October 22, 201019 and November 2, 2010.20
By her letter dated November 2, 2010,21 however,
Secretary De Lima denied petitionerÊs request.
Accordingly, on December 7, 2010, petitioner brought a
petition for mandamus in the RTC in Manila (Civil Case
No. 10-124777),22 seeking to compel respondents to charge
Dalandag as another accused in the various murder cases
undergoing trial in the QC RTC.
On January 19, 2011,23 the RTC in Manila set a pre-trial
conference on January 24, 2011 in Civil Case No. 10-
124777. At the close of the pre-trial, the RTC in Manila
issued a pre-trial order.
In their manifestation and motion dated February 15,
201124 and February 18, 2011,25 respondents questioned
the propriety of the conduct of a trial in a proceeding for
mandamus. Petitioner opposed.

_______________

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 8 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

16 Id., at pp. 191-244.

17 Id., at p. 214.
18 Id., at pp. 246-247.
19 Id., at p. 249.
20 Id., at p. 251.
21 Id., at p. 253.
22 Id., at pp. 255-271.
23 Id., at p. 300.
24 Id., at pp. 331-334.
25 Id., at pp. 336-340.

167

VOL. 695, APRIL 3, 2013 167

Ampatuan, Jr. vs. De Lima

On February 15, 2011, petitioner filed a motion for the

production of documents,26 which the RTC in Manila
granted on March 21, 2011 after respondents did not file
either a comment or an opposition.
Respondents then sought the reconsideration of the
order of March 21, 2011.
On March 21, 2011,27 the RTC in Manila issued a
subpoena to Dalandag, care of the Witness Protection
Program of the DOJ, requiring him to appear and testify on
April 4, 2011 in Civil Case No. 10-124777.
On April 4, 2011, respondents moved to quash the
subpoena.28 Petitioner opposed the motion to quash the
subpoena on April 15, 2011.29 The parties filed other
papers, specifically, respondents their reply dated April 26,
2011;30 petitioner an opposition on May 12, 2011;31 and
respondents another reply dated May 20, 2011.32
On June 27, 2011,33 the RTC of Manila issued the
assailed order in Civil Case No. 10-124777 dismissing the
petition for mandamus.34
Hence, this appeal by petition for review on certiorari.

Issues

Petitioner raises the following issues, to wit:

_______________

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 9 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

26 Id., at pp. 415-417.

27 Id., at p. 418.
28 Id., at pp. 452-457.
29 Id., at pp. 459-466.
30 Id., at pp. 468-476.
31 Id., at pp. 478-485.
32 Id., at pp. 487-492.
33 Supra, note 2.
34 Rollo, pp. 3-43.

168

168 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

1. WHETHER THE PUBLIC RESPONDENTS MAY BE

COMPELLED BY MANDAMUS TO INVESTIGATE AND
PROSECUTE KENNY DALANDAG AS AN ACCUSED IN THE
INFORMATIONS FOR MULTIPLE MURDER IN THE
MAGUINDANAO MASSACRE CASES IN LIGHT OF HIS
ADMITTED PARTICIPATION THEREAT IN AFFIDAVITS AND
OFFICIAL RECORDS FILED WITH THE PROSECUTOR AND
THE QC RTC; and,
2. WHETHER THE SUBSEQUENT INCLUSION OF KENNY
DALANDAG IN THE WITNESS PROTECTION PROGRAM
JUSTIFIES EXCLUSION AS AN ACCUSED AND HIS NON-
INDICTMENT FOR HIS COMPLICITY IN THE MAGUINDANAO
MASSACRE NOTWITHSTANDING ADMISSIONS MADE THAT
HE TOOK PART IN ITS PLANNING AND EXECUTION.35

The crucial issue is whether respondents may be

compelled by writ of mandamus to charge Dalandag as an
accused for multiple murder in relation to the
Maguindanao massacre despite his admission to the
Witness Protection Program of the DOJ.

Ruling

The appeal lacks merit.

The prosecution of crimes pertains to the Executive
Department of the Government whose principal power and
responsibility are to see to it that our laws are faithfully

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 10 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

executed. A necessary component of the power to execute

our laws is the right to prosecute their violators. The right
to prosecute vests the public prosecutors with a wide range
of discretion―the discretion of what and whom to charge,
the exercise of which depends on a smorgasbord of factors
that

_______________
35 Id., at p. 11.

169

VOL. 695, APRIL 3, 2013 169

Ampatuan, Jr. vs. De Lima

are best appreciated by the public prosecutors.36 The public

prosecutors are solely responsible for the determination of
the amount of evidence sufficient to establish probable
cause to justify the filing of appropriate criminal charges
against a respondent. Theirs is also the quasi-judicial
discretion to determine whether or not criminal cases
should be filed in court.37
Consistent with the principle of separation of powers
enshrined in the Constitution, the Court deems it a sound
judicial policy not to interfere in the conduct of preliminary
investigations, and to allow the Executive Department,
through the Department of Justice, exclusively to
determine what constitutes sufficient evidence to establish
probable cause for the prosecution of supposed offenders.
By way of exception, however, judicial review may be
allowed where it is clearly established that the public
prosecutor committed grave abuse of discretion, that is,
when he has exercised his discretion „in an arbitrary,
capricious, whimsical or despotic manner by reason of
passion or personal hostility, patent and gross enough as to
amount to an evasion of a positive duty or virtual refusal to
perform a duty enjoined by law.‰38
The records herein are bereft of any showing that the
Panel of Prosecutors committed grave abuse of discretion in
identifying the 196 individuals to be indicted for the
Maguindanao massacre. It is notable in this regard that

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 11 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

petitioner does not assail the joint resolution

recommending such number of

_______________
36 Soberano v. People, G.R. No. 154629, October 5, 2005, 472 SCRA
125, 139-140; Leviste v. Alameda, G.R. No. 182677, August 3, 2010, 626
SCRA 575, 598.
37 Crespo v. Mogul, No. L-53373, June 30, 1987, 151 SCRA 462, 410;
Paderanga v. Drilon, G.R. No. 96080, April 19, 1991, 196 SCRA 86, 90.
38 Glaxosmithkline Philippines, Inc. v. Khalid Mehmood Malik, G.R.
No. 166924, August 17, 2006, 499 SCRA 268, 273; Metropolitan Bank
and Trust Company v. Reynado, G.R. No. 164538 August 9, 2010, 627
SCRA 88, 101.

170

170 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

individuals to be charged with multiple murder, but only

seeks to have Dalandag be also investigated and charged as
one of the accused based because of his own admissions in
his sworn declarations. However, his exclusion as an
accused from the informations did not at all amount to
grave abuse of discretion on the part of the Panel of
Prosecutors whose procedure in excluding Dalandag as an
accused was far from arbitrary, capricious, whimsical or
despotic. Section 2, Rule 110 of the Rules of Court, which
requires that „the complaint or information shall be xxx
against all persons who appear to be responsible for the
offense involved,‰ albeit a mandatory provision, may be
subject of some exceptions, one of which is when a
participant in the commission of a crime becomes a state
witness.
The two modes by which a participant in the commission
of a crime may become a state witness are, namely: (a) by
discharge from the criminal case pursuant to Section 17 of
Rule 119 of the Rules of Court; and (b) by the approval of
his application for admission into the Witness Protection
Program of the DOJ in accordance with Republic Act No.
6981 (The Witness Protection, Security and Benefit Act).39

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 12 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

These modes are intended to encourage a person who has

witnessed a crime or who has knowledge of its commission
to come forward and testify in court or quasi-judicial body,
or before an investigating authority, by protecting him from
reprisals, and shielding him from economic dislocation.
These modes, while seemingly alike, are distinct and
separate from each other.
Under Section 17, Rule 119 of the Rules of Court, the
discharge by the trial court of one or more of several
accused with their consent so that they can be witnesses for
the State is made upon motion by the Prosecution before
resting its case. The trial court shall require the
Prosecution to present evidence and the sworn statements
of the proposed witnesses

_______________
39 Approved on April 24, 1991.

171

VOL. 695, APRIL 3, 2013 171

Ampatuan, Jr. vs. De Lima

at a hearing in support of the discharge. The trial court

must ascertain if the following conditions fixed by Section
17 of Rule 119 are complied with, namely: (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 most guilty; and (e) said accused has not at any time
been convicted of any offense involving moral turpitude.
On the other hand, Section 10 of Republic Act No. 6981
provides:

Section 10. State Witness.―Any person who has participated in

the commission of a crime and desires to be a witness for the State,
can apply and, if qualified as determined in this Act and by the
Department, shall be admitted into the Program whenever the
following circumstances are present:

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 13 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

a. the offense in which his testimony will be used is a grave

felony as defined under the Revised Penal Code or its equivalent
under special laws;
b. there is absolute necessity for his testimony;
c. there is no other direct evidence available for the proper
prosecution of the offense committed;
d. his testimony can be substantially corroborated on its
material points;
e. he does not appear to be most guilty; and
f. he has not at any time been convicted of any crime involving
moral turpitude.

An accused discharged from an information or criminal

complaint by the court in order that he may be a State
Witness pursuant to Sections 9 and 10 of Rule 119 of the
Revised Rules of Court may upon his petition be admitted
to the Program if he complies with the other requirements
of this Act. Nothing in this Act shall prevent the discharge
of an accused, so that he can be used as a State Witness
under Rule 119 of the Revised Rules of Court.

172

172 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

Save for the circumstance covered by paragraph (a) of

Section 10, supra, the requisites under both rules are
essentially the same. Also worth noting is that an accused
discharged from an information by the trial court pursuant
to Section 17 of Rule 119 may also be admitted to the
Witness Protection Program of the DOJ provided he
complies with the requirements of Republic Act No. 6981.
A participant in the commission of the crime, to be
discharged to become a state witness pursuant to Rule 119,
must be one charged as an accused in the criminal case.
The discharge operates as an acquittal of the discharged
accused and shall be a bar to his future prosecution for the
same offense, unless he fails or refuses to testify against
his co-accused in accordance with his sworn statement
constituting the basis for his discharge.40 The discharge is
expressly left to the sound discretion of the trial court,

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 14 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

which has the exclusive responsibility to see to it that the

conditions prescribed by the rules for that purpose exist.41
While it is true that, as a general rule, the discharge or
exclusion of a co-accused from the information in order that
he may be utilized as a Prosecution witness rests upon the
sound discretion of the trial court,42 such discretion is not
absolute and may not be exercised arbitrarily, but with due
regard to the proper administration of justice.43 Anent the
requisite that there must be an absolute necessity for the
testimony of the accused whose discharge is sought, the
trial court has to rely on the suggestions of and the
information provided by the

_______________
40 Section 18, Rule 119, Rules of Court.
41 People v. Tabayoyong, No. L-31084, May 29, 1981, 104 SCRA 724,
739.
42 Chua v. Court of Appeals, G.R. No. 103397, August 28, 1996, 261
SCRA 112, 120; citing U.S. v. De Guzman, 30 Phil. 416 (1915) and U.S. v.
Bonete, 40 Phil. 958 (1920).
43 Ramos v. Sandiganbayan, G.R. No. 58876, November 27, 1990, 191
SCRA 671, 682; People v. De Atras, No. L-27267, May 29, 1969, 28 SCRA
389, 392.

173

VOL. 695, APRIL 3, 2013 173

Ampatuan, Jr. vs. De Lima

public prosecutor. The reason is obvious―the public

prosecutor should know better than the trial court, and the
Defense for that matter, which of the several accused would
best qualify to be discharged in order to become a state
witness. The public prosecutor is also supposed to know the
evidence in his possession and whomever he needs to
establish his case,44 as well as the availability or non-
availability of other direct or corroborative evidence, which
of the accused is the Âmost guiltyÊ one, and the like.45
On the other hand, there is no requirement under
Republic Act No. 6981 for the Prosecution to first charge a
person in court as one of the accused in order for him to

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 15 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

qualify for admission into the Witness Protection Program.

The admission as a state witness under Republic Act No.
6981 also operates as an acquittal, and said witness cannot
subsequently be included in the criminal information
except when he fails or refuses to testify. The immunity for
the state witness is granted by the DOJ, not by the trial
court. Should such witness be meanwhile charged in court
as an accused, the public prosecutor, upon presentation to
him of the certification of admission into the Witness
Protection Program, shall petition the trial court for the
discharge of the witness.46 The Court shall then order the
discharge and exclusion of said accused from the
information.47
The admission of Dalandag into the Witness Protection
Program of the Government as a state witness since
August 13, 2010 was warranted by the absolute necessity
of his testimony to the successful prosecution of the
criminal charges. Apparently, all the conditions prescribed
by Republic Act No. 6981 were met in his case. That he
admitted his participation

_______________
44 People v. Ocimar, G.R. No. 94555, August 17, 1992, 212 SCRA 646,
655.
45 People v. Court of Appeals, No. L-62881, August 30, 1983, 124
SCRA 338, 343.
46 Section 12, Republic Act No. 6981.
47 Id.

174

174 SUPREME COURT REPORTS ANNOTATED

Ampatuan, Jr. vs. De Lima

in the commission of the Maguindanao massacre was no

hindrance to his admission into the Witness Protection
Program as a state witness, for all that was necessary was
for him to appear not the most guilty. Accordingly, he could
not anymore be charged for his participation in the
Maguindanao massacre, as to which his admission
operated as an acquittal, unless he later on refuses or fails

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 16 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

to testify in accordance with the sworn statement that

became the basis for his discharge against those now
charged for the crimes.
Mandamus shall issue when any tribunal, corporation,
board, officer or person unlawfully neglects the
performance of an act that the law specifically enjoins as a
duty resulting from an office, trust, or station. It is proper
when the act against which it is directed is one addressed
to the discretion of the tribunal or officer. In matters
involving the exercise of judgment and discretion,
mandamus may only be resorted to in order to compel
respondent tribunal, corporation, board, officer or person to
take action, but it cannot be used to direct the manner or
the particular way discretion is to be exercised,48 or to
compel the retraction or reversal of an action already taken
in the exercise of judgment or discretion.49
As such, respondent Secretary of Justice may be
compelled to act on the letter-request of petitioner, but may
not be compelled to act in a certain way, i.e., to grant or
deny such letter-request. Considering that respondent
Secretary of Justice already denied the letter-request,
mandamus was no longer available as petitionerÊs recourse.
WHEREFORE, the Court DENIES the petition for
review on certiorari; AFFIRMS the final order issued on
June 27, 2011 in Civil Case No. 10-124777 by the Regional
Trial Court in Manila; and ORDERS petitioner to pay the
costs of suit.

_______________
48 See Quarto v. Marcelo, G.R. No. 169042, October 5, 2011, 658 SCRA
580, 594; Angchangco, Jr. v. Ombudsman, 335 Phil. 766; 268 SCRA 301
(1997).
49 Angchangco, Sr. v. Ombudsman, supra, pp. 771-772; p. 306.

175

VOL. 695, APRIL 3, 2013 175

Ampatuan, Jr. vs. De Lima

SO ORDERED.

Sereno (C.J., Chairperson), Leonardo-De Castro,

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 17 of 18
SUPREME COURT REPORTS ANNOTATED VOLUME 695 27/03/2018, 12*27 PM

Villarama, Jr. and Reyes, JJ., concur.

Petition denied, order affirmed.

Notes.―The conditions for the discharge of an accused

as a state witness are as follows: (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. (People
vs. Estacio, Jr., 593 SCRA 426 [2009])
Error in the discharge of an accused as a state witness
would not affect the competency and quality of his
testimony. (Ibid.)

――o0o――

© Copyright 2018 Central Book Supply, Inc. All rights reserved.

http://central.com.ph/sfsreader/session/0000016265ab4ca66580a350003600fb002c009e/p/ARQ040/?username=Guest Page 18 of 18