DOJ mulls filing perjury raps vs. Kerwin Espinosa following retraction

The Department of Justice is looking into filing perjury complaints against self-confessed drug lord Kerwin Espinosa following his recantation of all of his drug allegations against detained opposition Senator Leila de Lima, an official said Friday.

"Tinitingnan 'yan ngayon ng ating Office of Prosecutor General, kung puwede ngang makasuhan [ng perjury], kasi nga magkaiba 'yung kaniyang naging statement," DOJ Undersecretary Adrian Sugay said at the Laging Handa briefing.

(The Office of Prosecutor General is currently mulling whether perjury charges could be filed against Espinosa, because his statements are contradictory.)

"DOJ is considering the filing of perjury charges against Kerwin Espinosa. When a person makes two statements under oath, one contradicting or nullifying the other, then one of these sworn statements is probably false," a statement from the department released on Friday read.

"The Prosecution has finished presenting its evidence in this case. The Prosecution did not utilize Mr. Rolan "Kerwin" Espinosa as a witness in this case because his then statements/affidavit which he recanted are not material to the case. Mr. Espinosa was not listed as a witness for the Prosecution in the Pre-Trial Order of the Court. Accused Ronnie Dayan is set to be presented in Court on 29 April 2022," it added.

The DOJ said the prosecution is set to present its last three witnesses on May 16 in one of the last two drug-related cases against de Lima.

Sugay pointed out that Espinosa previously made his sworn statements "under oath," only to recant as he said he was “coerced, pressured, intimidated, and seriously threatened” by the police to implicate De Lima.

"I think that is something Mr. Espinosa has to contend with. He has to answer the issue. What happened? Why is it like that?" he said.

"Baka nga mayroong liability si Espinosa, that is something he has to deal with eventually," Sugay added.

He cited Prosecutor General Benedicto Malcontento's earlier statement that Espinosa's retraction has no bearing on the cases lodged against De Lima.

Malcontento, in a statement to GMA News, said Espinosa is not a witness in the case against De Lima.

In a series of Senate hearings in 2016, Espinosa testified that De Lima was part of the illegal drug trade inside the New Bilibid Prison during her stint as Justice secretary under the administration of late President Benigno Simeon “Noynoy” Aquino III.

He further accused De Lima of receiving a total of P8 million from him for her senatorial campaign through her former driver and security aide Ronnie Dayan.

But Espinosa, in his counter-affidavit, explained he had “no other option but to invent stories” for fear of his life and family stressing his father was killed on November 5, 2016 —  18 days before the legislative inquiry.

He claimed he was told to “cooperate” or else he and some family members will “suffer the same fate” like his father.—AOL, GMA News