Contrary
to the petitioners’ argument, Mallari’s credibility was not adversely affected
by his non-inclusion as an accused in the Information. This was not an attempt to escape criminal
liability. Rather, the prosecution
merely availed of its legal option to immediately utilize him as a state
witness instead of undergoing the judicial procedure of charging him as a
co-conspirator then moving for his discharge as a witness (Ricky Marquez, et
al. Vs. People of the
Philippines, G.R. No. 181138. December 3, 2012).
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