SLIDE 6:

Absence of any of the requisites for the discharge of a particeps criminis is a ground for
objection to the motion for his discharge, but such objection must be raised before the
discharge is ordered.
SLIDE 7:
Any questions against the order of the court to discharge an accused to be used as state
witness must be raised in the trial court; it cannot be considered on appeal. Where there
is, however, a showing of grave abuse of discretion, the order of the trial court may be
challenged in a petition for certiorari and prohibition.
SLIDE 10:
Note: Where an accused has been discharged to be utilized as state witness and he thus
testified, the fact that the discharge was erroneous as the conditions for discharge were
not complied with did not thereby nullify his privilege of being excluded from the
information or from being charged anew for the same offense or for an attempt or
frustration thereof, or for crimes necessarily included in or necessarily including those
offense. In other words, the incriminating testimony he gave cannot be used against him
but can be used against his other co-accuse.
SLIDE 11:
Sec. 14, Rule
110
Directed to the
prosecutor
Can be done even
before or during
trial

Sec. 19, Rule

119
Directed to the
judge
Always
done
during trial

SLIDE 15:
In these cases, the charges may be tried jointly at the courts discretion.
The object of consolidation of trials of related offenses is:
1. to avoid multiplicity of suits,
2. guard against oppression or abuse,
3. prevent delay,
4. clear congested dockets,
5. simplify the work of the trial court and
6. save unnecessary cost and expenses
SLIDE 19:
If the trial court issues an order or renders judgement not only granting the demurrer to
evidence of the accused and acquitting him but also on the civil liability of the accused
to the private offended party, said judgement on the civil aspect of the case would be a
nullity for the reason that the constitutional right of the accused to due process is
thereby violated.
The order denying the motion for leave of court to file demurrer to evidence or the
demurrer itself shall NOT be reviewable by appeal or by certiorari before judegement
since it is considered an interlocutory order.