Makati court dismisses case vs. Kerwin Espinosa, others

A Makati Regional Trial Court has dismissed the case against self-confessed drug distributor Kerwin Espinosa, and others for the failure of the prosecution to cite evidence to overturn their presumption of innocence.

In a 13 page-decision, the Makati RTC Branch 64 granted the demurrer to evidence filed by Espinosa, Lovely Impal, Wu Tuan Yuan as well as the motion to dismiss the demurrer to evidence filed by Marcelo Adorco.

This is regarding the conspiracy that the Espinosa group agreed to commit illegal trading or trafficking of dangerous drugs.

“In this case, the purported participation of Impal, Espinosa, and Yuan in the alleged conspiracy was based solely on Adorco’s recanted testimony, which is not only untrustworthy but also inadmissible for having been obtained in violation of his constitutional right,” it said.

Kerwin Espinosa, et al (12-17-21)_1640752609 by Lui BG on Scribd

Meanwhile, the court found the testimonies of the police officers insufficient to show that the Espinosa group conspired to commit illegal drug trade.

“The testimonies of the police officers… are not strong enough to show that the Espinosa Group conspired to commit illegal trade or illegal trafficking of dangerous drugs for it is undisputed that the police officers have no personal knowledge of the crime that was allegedly committed," it said.

The Department of Justice in August indicted Espinosa and other individuals over the illegal drug trade in Eastern Visayas.

He is the son of the late former Albuera, Leyte mayor Rolando Espinosa, whom President Rodrigo Duterte early in his term tagged in the illegal drug trade.

The PNP-AIDG obtained the confession from Espinosa as early as November 2016 following his arrest by authorities in Abu Dhabi, where he was arrested also on drug charges. —LBG, GMA News