DOJ wants Kerwin Espinosa's co-accused as state witness

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DOJ wants Kerwin Espinosa's co-accused as state witness

Mike Navallo,

ABS-CBN News

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MANILA - The Department of Justice (DOJ) has moved to discharge a co-accused of alleged narcotics trader Kerwin Espinosa in a drug case before a Manila court so that he could serve as state witness.

In a court filing dated October 22 but released to the media only on Tuesday, Senior Assistant State Prosecutor Anna Noreen Devanadera asked the Manila Regional Trial Court (RTC) Branch 51 to discharge Marcelo Labay Adorco to become a witness for the state against Espinosa.

“The testimony of accused Marcelo Labay Adorco is absolutely necessary as there is no other direct evidence available for the proper prosecution of the offense committed,” the motion said.

The case involves the alleged distribution of methamphetamine hydrochloride (shabu) in Regions 7 and 8 by Espinosa, along with co-accused Lovely Impal and Ruel Malindangan, from February 2013 to August 2015.

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Some 20 kilos of shabu were said to have been sourced from convicted drug lord Peter Co.

The DOJ said Adorco admitted to his participation in the attempt or conspiracy to sell or trade illegal drugs, punishable under section 26(b) in relation to section 5 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 with imprisonment ranging from 12 years to life imprisonment, depending on the acts and the drugs involved.

The case was at first dismissed in December 2017 by a DOJ panel for lack of evidence but the resulting public outrage, which angered President Rodrigo Duterte, led then Justice Secretary Vitaliano Aguirre II to order a reinvestigation. Aguirre eventually resigned.

The DOJ indicted the 5 accused in July this year.

Co is currently serving his sentence at the New Bilibid Prison in Muntinlupa while Espinosa, Impal and Adorco are being held by authorities.

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A warrant of arrest has been issued for Malindangan, who was also ordered arrested by Makati City RTC Branch 65 in another drugs case with Espinosa, Adorco and suspected drug lord Peter Lim, who remains at large.

In justifying the motion, the DOJ cited section 17 of Rule 119 of the Rules of Court which allows the discharge of an accused to become state witness provided that there is necessity for the testimony of the accused, that there is no other direct evidence, and that the testimony can be substantially corroborated.

The rule also requires that the accused does not appear to be the most guilty and that he or she had not been previously convicted of any offense involving moral turpitude.

The DOJ urged the court to rely on the suggestions of and information provided by the public prosecutor in determining the absolute necessity of the testimony of the would-be state witness.

“[T]he public prosecutor should know better than the trial court, and the Defense for that matter, which of the several accused would best qualify to be discharged in order to become a state witness. The public prosecutor is supposed to know the evidence in his possession and whomever he needs to establish his case, as well as the availability or non-availability of other direct or corroborative evidence, which of the accused is the ‘most guilty’ one,” the motion said.

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