Kerwin Espinosa acquitted of illegal possession of firearms and explosives | ABS-CBN
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Kerwin Espinosa acquitted of illegal possession of firearms and explosives
Kerwin Espinosa acquitted of illegal possession of firearms and explosives
Mike Navallo,
ABS-CBN News
Published Sep 04, 2023 01:56 PM PHT
MANILA — A Manila regional trial court has acquitted self-confessed drug lord Kerwin Espinosa of illegal possession of firearms and explosives in connection with the August 2016 raid in his house in Albuera, Leyte.
MANILA — A Manila regional trial court has acquitted self-confessed drug lord Kerwin Espinosa of illegal possession of firearms and explosives in connection with the August 2016 raid in his house in Albuera, Leyte.
“Wherefore, for failure of the prosecution to prove the guilt of accused Rolan Espinosa y Eslabon alias ‘Kerwin Espinosa’ beyond reasonable doubt, he is hereby acquitted of the crimes of Violation of Section 1, R.A. 9516 (Illegal Possession of Explosives) and Violation of Section 28, par. b in conjunction with par. e, of R.A. 10591 (Illegal Possession of Firearms),” the court said in a consolidated decision dated September 4.
“Wherefore, for failure of the prosecution to prove the guilt of accused Rolan Espinosa y Eslabon alias ‘Kerwin Espinosa’ beyond reasonable doubt, he is hereby acquitted of the crimes of Violation of Section 1, R.A. 9516 (Illegal Possession of Explosives) and Violation of Section 28, par. b in conjunction with par. e, of R.A. 10591 (Illegal Possession of Firearms),” the court said in a consolidated decision dated September 4.
The firearms and explosives were recovered during a deadly raid at the Espinosa family compound in Sitio Tinago, Barangay Binulho, Albuera, Leyte on August 3, 2016, which left 6 of Espinosa’s guards dead.
The firearms and explosives were recovered during a deadly raid at the Espinosa family compound in Sitio Tinago, Barangay Binulho, Albuera, Leyte on August 3, 2016, which left 6 of Espinosa’s guards dead.
At the time of the raid, Kerwin was no longer in the country. The Bureau of Immigration said he left June 1, 2016 and was arrested in Abu Dhabi in October of that year.
At the time of the raid, Kerwin was no longer in the country. The Bureau of Immigration said he left June 1, 2016 and was arrested in Abu Dhabi in October of that year.
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His lawyer, Raymund Palad, said his client had gone to Malaysia, Abu Dhabi and Dubai prior to his arrest.
His lawyer, Raymund Palad, said his client had gone to Malaysia, Abu Dhabi and Dubai prior to his arrest.
The court said "the pieces of explosive bullets and rifle grenades were not offered by the prosecution" and were therefore inadmissible as evidence.
The court said "the pieces of explosive bullets and rifle grenades were not offered by the prosecution" and were therefore inadmissible as evidence.
A witness, Marcelo Adorco, recanted his earlier statement and said that the firearms were recovered from the house of Kerwin's father, the late Albuera Mayor Rolando Espinosa, Sr., and police just hauled them off to Kerwin’s house, which was also owned by the older Espinosa.
A witness, Marcelo Adorco, recanted his earlier statement and said that the firearms were recovered from the house of Kerwin's father, the late Albuera Mayor Rolando Espinosa, Sr., and police just hauled them off to Kerwin’s house, which was also owned by the older Espinosa.
“[T]his Court rules and so holds that even without his recantation, the prosecution miserably failed to prove the guilt of accused Rolan Espinosa y Esloban alias ‘Kerwin Espinosa’ beyond reasonable doubt that he was in effective control and possession over the firearms/weapons and ammunitions. [N]either was he in actual nor constructive possession of the same,” the court said.
“[T]his Court rules and so holds that even without his recantation, the prosecution miserably failed to prove the guilt of accused Rolan Espinosa y Esloban alias ‘Kerwin Espinosa’ beyond reasonable doubt that he was in effective control and possession over the firearms/weapons and ammunitions. [N]either was he in actual nor constructive possession of the same,” the court said.
Two Makati courts have earlier dismissed drug-related charges against Kerwin, both involving Adorco, the witness.
Two Makati courts have earlier dismissed drug-related charges against Kerwin, both involving Adorco, the witness.
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Makati RTC Branch 64, in December 2021, said Adorco’s statements were inadmissible because they were taken without the presence of a lawyer and were self-incriminatory while in the other case, Department of Justice prosecutors withdrew their motion to discharge Adorco as state witness and Makati RTC Branch 65 considered his statements “hearsay.”
Makati RTC Branch 64, in December 2021, said Adorco’s statements were inadmissible because they were taken without the presence of a lawyer and were self-incriminatory while in the other case, Department of Justice prosecutors withdrew their motion to discharge Adorco as state witness and Makati RTC Branch 65 considered his statements “hearsay.”
Kerwin will not yet be released, however, because he is still facing 2 drug-related 2 money laundering cases, according to Atty. Palad.
Kerwin will not yet be released, however, because he is still facing 2 drug-related 2 money laundering cases, according to Atty. Palad.
The younger Espinosa was among the witnesses the government presented against then-Senator Leila de Lima during the Senate hearings on the alleged drug trading at the New Bilibid Prison in November and December 2016.
The younger Espinosa was among the witnesses the government presented against then-Senator Leila de Lima during the Senate hearings on the alleged drug trading at the New Bilibid Prison in November and December 2016.
He claimed he gave the De Lima money in Baguio City and P8 million through her then-bodyguard Ronnie Dayan, but his lawyer said he was never used as a witness in the court cases against De Lima.
He claimed he gave the De Lima money in Baguio City and P8 million through her then-bodyguard Ronnie Dayan, but his lawyer said he was never used as a witness in the court cases against De Lima.
In his counteraffidavit executed before the Department of Justice in April 2022, he took back all his claims saying he was "coerced, pressured, intimidated, and seriously threatened by the police."
In his counteraffidavit executed before the Department of Justice in April 2022, he took back all his claims saying he was "coerced, pressured, intimidated, and seriously threatened by the police."
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His father, Mayor Espinosa, was shot dead inside a jail cell in Albuera, Leyte on November 5, 2016, or just 18 days prior to the Senate hearing.
His father, Mayor Espinosa, was shot dead inside a jail cell in Albuera, Leyte on November 5, 2016, or just 18 days prior to the Senate hearing.
He was among the alleged narco-politicians tagged by then-President Rodrigo Duterte.
He was among the alleged narco-politicians tagged by then-President Rodrigo Duterte.
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Kerwin Espinosa
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