CA reopens Kerwin Espinosa drug, gun cases

Kerwin Espinosa (File photo by GRIG C. MONTEGRANDE / Philippine Daily Inquirer)

MANILA, Philippines — The Court of Appeals (CA) has ordered the revival of the cases for illegal possession of dangerous drugs and firearms against confessed drug lord Rolan “Kerwin” Espinosa, four years after he was acquitted of the charges by a Manila court.

In a decision dated Feb. 22, the CA cited procedural lapses as it partly granted a petition challenging the decision and resolution of the Manila Regional Trial Court Branch 26, which cleared Espinosa of illegal drug trade and drug possession charges in August 2020.

READ: Duterte-tagged Kerwin Espinosa cleared in 2nd of 4 drug cases

It set aside both the August 2020 decision of Judge Silvino Pampilo, who acquitted Espinosa of violation of Section 5 and Section 11 of the Comprehensive Dangerous Drugs Act, as well as the March 2022 resolution of acting Presiding Judge John Benedict Medina denying the petitioner’s motion for reconsideration. “In view of the foregoing considerations, the Court finds sufficient reason to vacate the findings of the RTC in its assailed decision and resolution and remand [the] criminal case … for the continuation of the consolidated trial on the merits,” the CA’s Twelfth Division said.

The appeals court said it found “some merit” in the certiorari petition, which contended there was “adequate showing” that the prosecution had been denied due process for presenting its evidence in two of the three criminal cases.

Double jeopardy

The cases stemmed from three complaints filed against Espinosa—two sets for illegal possession of dangerous drugs and illegal possession of firearms in a 2011 incident and another set for trading and distribution of dangerous drugs in 2016.

All three cases were brought to the RTC, where Pampilo presided before his retirement.

After Pampilo acquitted the accused, Medina, who replaced him in the RTC, denied the petitioner’s motion for reconsideration, saying the decision was final and could not be modified without violating Espinosa’s right against double jeopardy. But the CA pointed out procedural lapses. It noted that the assailed decision did not mention any consolidation of the three cases, nor was there any evidence on record that consolidation ever happened.

According to the appellate court, the prosecution could rest its case in only one of the three cases.

The CA also said the assailed RTC decision was promulgated without the presence of the public prosecutor handling it, who could have clarified in open court that the prosecution had yet to rest its case in the other two criminal cases.

READ: Grossly bungled case

“The RTC seriously erred in proceeding with the promulgation of judgment without the public prosecutor despite his presence as early as 10 a.m.,” the CA said, citing the petitioner’s claim that they could not receive an invitation link for a videoconference hearing.

“Given that the Respondent Judge who denied the Motion for Reconsideration of Petitioner failed to consider these circumstances when it resolved the issues, he also committed grave abuse of discretion amounting to lack or excess of jurisdiction,” it added.

In April 2022, Espinosa recanted his allegations against former Sen. Leila de Lima, implicating her in the illegal drug trade in New Bilibid Prison in Muntinlupa City during her tenure as justice secretary.

“Any statement he made against the Senator [is] false and was the result of pressure, coercion, intimidation, and serious threats to his life and family members from the police who instructed him to implicate the Senator into the illegal drug trade,” he said in an affidavit submitted to the Department of Justice.