[ Act No. 2709, March 11, 1917 ]

AN ACT TO PROVIDE FOR THE PROSECUTION OF ALL PERSONS WHO APPEAR TO BE LIABLE FOR A CRIME AND TO ESTABLISH CONDITIONS FOR THE DISCHARGE OF CERTAIN ACCUSED PERSONS TO BE USED AS GOVERNMENT WITNESSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:SECTION 1. Every prosecution for a crime shall be in the name of the United States against all persons who appear  to  be  responsible  therefor,   except,  in  the  cases determined in section two of this Act.SEC. 2. When two or more persons are charged with the commission of a certain crime, the competent court, at' any time before they have entered upon their defense, may direct any of them to be discharged, that he may be a witness for the Government when in the judgment of the court:(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  crime  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 the crime of perjury or false testimony or of any other crime involving moral turpitude.SEC. 3. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.SEC. 4. This Act shall take effect on its approval.Effective, March 11, 1917.

Supreme Court E-Library