10. Merciales vs CA.docx - CONTROL OF PROSECUTION 10 MERCIALES vs CA G.R 124171 FACTS Criminal cases for rape with homicide in connection of the death

10. Merciales vs CA.docx - CONTROL OF PROSECUTION 10...

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CONTROL OF PROSECUTION10. MERCIALES vs CA, G.R. 124171, March 18, 2002FACTS:Criminal cases for rape with homicide in connection of the death of MaritessMerciales were filed against private respondents/accused. During the trial, thepublic prosecutor filed a motion for the discharge of accused Nuada so that he couldbe a state witness but the prosecution contended that it was not required to presentevidence to warrant the discharge of Nuada because he was already under theWitness Protection Program of the DOJ but this was motion was denied for failure ofprosecutor to present evidence provided in Sec 9, Rule 119 of the 1985 Rules onCriminal Procedure. The private respondents then filed a motion to set the case forhearing based on their constitutional right to speedy trial which was granted andthe hearing was set on July 29, 1994. On that date, the prosecution filed an MR,instead of presenting of further evidence. The hearing was postponed and set foranother hearing. Also, the prosecutor again filed for MR and invoked its pending
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