Kerwin Espinosa granted bail but faces 2 other non-bailable cases | ABS-CBN
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Kerwin Espinosa granted bail but faces 2 other non-bailable cases
Kerwin Espinosa granted bail but faces 2 other non-bailable cases
Mike Navallo,
ABS-CBN News
Published Jun 14, 2023 02:42 PM PHT
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MANILA — A Leyte court on Tuesday granted self-confessed drug lord Rolan “Kerwin” Espinosa bail in the conspiracy to commit illegal drug trading case he is facing, along with 4 other co-accused.
MANILA — A Leyte court on Tuesday granted self-confessed drug lord Rolan “Kerwin” Espinosa bail in the conspiracy to commit illegal drug trading case he is facing, along with 4 other co-accused.
In a resolution dated June 13, Baybay City, Leyte Regional Trial Court Branch 14 Judge Carlos Arguelles approved Espinosa’s and his co-accused’s bail petition “due to the failure of the prosecution to prove that evidence of guilt against them is strong.”
In a resolution dated June 13, Baybay City, Leyte Regional Trial Court Branch 14 Judge Carlos Arguelles approved Espinosa’s and his co-accused’s bail petition “due to the failure of the prosecution to prove that evidence of guilt against them is strong.”
He recommended a P700,000 bail bond for each of the accused.
He recommended a P700,000 bail bond for each of the accused.
Espinosa, however, will still remain behind bars because he is still facing 2 other non-bailable cases before the Manila RTC — one is for drugs and another for illegal possession of firearms and explosives — according to his lawyer Raymund Palad.
Espinosa, however, will still remain behind bars because he is still facing 2 other non-bailable cases before the Manila RTC — one is for drugs and another for illegal possession of firearms and explosives — according to his lawyer Raymund Palad.
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The whole drug case relied on Espinosa’s and his co-accused’s own admissions before the Philippine National Police (PNP), the National Bureau of Investigation (NBI) and the Senate that he conspired to commit illegal drug trading with co-accused Brian Anthony Zaldivar, Jose Antipuesto, Alfred Batistis and Marcelo Adorco.
The whole drug case relied on Espinosa’s and his co-accused’s own admissions before the Philippine National Police (PNP), the National Bureau of Investigation (NBI) and the Senate that he conspired to commit illegal drug trading with co-accused Brian Anthony Zaldivar, Jose Antipuesto, Alfred Batistis and Marcelo Adorco.
The prosecution submitted the affidavits of the accused and transcripts of hearings from other court cases, as well as documents from probes in the Senate, the NBI and the Department of Justice.
The prosecution submitted the affidavits of the accused and transcripts of hearings from other court cases, as well as documents from probes in the Senate, the NBI and the Department of Justice.
But in a 6-page resolution, Judge Arguelles said an extrajudicial confession is not enough and must be supported by the corpus delicti or the body of the crime, citing section 3, Rule 133 of the Revised Rules on Evidence.
But in a 6-page resolution, Judge Arguelles said an extrajudicial confession is not enough and must be supported by the corpus delicti or the body of the crime, citing section 3, Rule 133 of the Revised Rules on Evidence.
The list of exhibits submitted by the prosecution did not include illegal drugs or drug money recovered from the accused.
The list of exhibits submitted by the prosecution did not include illegal drugs or drug money recovered from the accused.
“[T]he extrajudicial confession of the accused cannot be considered as strong evidence of guilt against the accused in the absence of corpus delicti. Sifting and scouring through the tangled web of the prosecution evidence, this Court does not find any corroboration. There were no eyewitnesses in the commission of the crime that would positively identify Espinosa and his co-accused of having committed the crime charged,” he said.
“[T]he extrajudicial confession of the accused cannot be considered as strong evidence of guilt against the accused in the absence of corpus delicti. Sifting and scouring through the tangled web of the prosecution evidence, this Court does not find any corroboration. There were no eyewitnesses in the commission of the crime that would positively identify Espinosa and his co-accused of having committed the crime charged,” he said.
The court also treated Espinosa’s testimony at the Senate as an extrajudicial confession that must also be corroborated by corpus delicti.
The court also treated Espinosa’s testimony at the Senate as an extrajudicial confession that must also be corroborated by corpus delicti.
And while the accused implicated each other in the alleged commission of the crime charged, the rules on evidence require corroboration by independent evidence.
And while the accused implicated each other in the alleged commission of the crime charged, the rules on evidence require corroboration by independent evidence.
The prosecution presented four investigators but the court said that the prosecution witnesses have “no personal knowledge as to the commission of the crime.”
The prosecution presented four investigators but the court said that the prosecution witnesses have “no personal knowledge as to the commission of the crime.”
“Admittedly, prosecution witnesses testified only in their official capacities, and absolutely they have no personal knowledge of the commission of the crime. Their personal knowledge is constricted and confined to the performance of their functions anent to the investigation conducted against Espinosa and his co-accused,” the court ruled.
“Admittedly, prosecution witnesses testified only in their official capacities, and absolutely they have no personal knowledge of the commission of the crime. Their personal knowledge is constricted and confined to the performance of their functions anent to the investigation conducted against Espinosa and his co-accused,” the court ruled.
The grant of Espinosa’s bail petition came a few days after he and co-accused Adorco were acquitted by a Makati court of a drug case while the other co-accused, alleged drug lord Peter Lim and Ruel Malindangan remain at large.
The grant of Espinosa’s bail petition came a few days after he and co-accused Adorco were acquitted by a Makati court of a drug case while the other co-accused, alleged drug lord Peter Lim and Ruel Malindangan remain at large.
In December 2021, Espinosa was also acquitted by another Makati court in a separate drug charge after Adorco retracted all his claims against Espinosa and former Senator Leila de Lima.
In December 2021, Espinosa was also acquitted by another Makati court in a separate drug charge after Adorco retracted all his claims against Espinosa and former Senator Leila de Lima.
De Lima faced a similar conspiracy to commit illegal drug trading charge and also applied for bail, but her bail petition was recently denied by a Muntinlupa court, citing the testimonies of mostly convicted witnesses who claimed knowledge as to how the illegal drug trade inside the New Bilibid Prison was allegedly perpetrated.
De Lima faced a similar conspiracy to commit illegal drug trading charge and also applied for bail, but her bail petition was recently denied by a Muntinlupa court, citing the testimonies of mostly convicted witnesses who claimed knowledge as to how the illegal drug trade inside the New Bilibid Prison was allegedly perpetrated.
Two Muntinlupa courts have earlier acquitted De Lima of separate drug charges.
Two Muntinlupa courts have earlier acquitted De Lima of separate drug charges.
FROM THE ARCHIVES
Read More:
Kerwin Espinosa
Leyte
drugs
crime
Philippine National Police
PNP
National Bureau of Investigation
NBI
Illegal drug trading case
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Imee Marcos: Sara Duterte impeachment trial not urgent
Imee Marcos: Sara Duterte impeachment trial not urgent
Reelectionist Senator Imee Marcos on Saturday said the impeachment trial of Vice President Sara Duterte is not urgent, noting that the House of Representatives took 2 months before sending it to the Senate for trial.
Reelectionist Senator Imee Marcos on Saturday said the impeachment trial of Vice President Sara Duterte is not urgent, noting that the House of Representatives took 2 months before sending it to the Senate for trial.
Marcos, a known friend and ally of Duterte, said this was the collective decision of the Senate.
Marcos, a known friend and ally of Duterte, said this was the collective decision of the Senate.
"Hindi, magkasabay kami ng buong Senado na pinagkaisahan na siguro ipa ipa-Hulyo na lamang dahil kasi, yun nga, dalawang taon na namin naririnig yan, dalawang buwan na nakatengga dyan sa Kongreso. Bakit naman last minute pinadala sa amin? Huwag naman ganun," Marcos said in a campaign appearance in Batangas on Saturday, which coincided with the Alyansa Para sa Bagong Pilipinas' campaign sortie in Carmen, Davao del Norte.
"Hindi, magkasabay kami ng buong Senado na pinagkaisahan na siguro ipa ipa-Hulyo na lamang dahil kasi, yun nga, dalawang taon na namin naririnig yan, dalawang buwan na nakatengga dyan sa Kongreso. Bakit naman last minute pinadala sa amin? Huwag naman ganun," Marcos said in a campaign appearance in Batangas on Saturday, which coincided with the Alyansa Para sa Bagong Pilipinas' campaign sortie in Carmen, Davao del Norte.
"Kaya kami, palagay namin di naman siya urgent kasi nag-antay sila ng dalawang taon. Tapos nung napila na, dalawang buwan naman, aba'y siguro hindi urgent. At saka na lang, sa Hulyo na lang."
"Kaya kami, palagay namin di naman siya urgent kasi nag-antay sila ng dalawang taon. Tapos nung napila na, dalawang buwan naman, aba'y siguro hindi urgent. At saka na lang, sa Hulyo na lang."
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Responding to a question about whether she believed electoral surveys or not, Marcos expressed preference to just focus on campaign work.
Responding to a question about whether she believed electoral surveys or not, Marcos expressed preference to just focus on campaign work.
"Mas maigi, magtrabaho na lamang. Pero biro ko nga, lahat ng senador nandoon sa ibang lugar, ako lang ang narito kasi mas type ko ang barako, ayan. Feel na feel ko dito,” Marcos said.
"Mas maigi, magtrabaho na lamang. Pero biro ko nga, lahat ng senador nandoon sa ibang lugar, ako lang ang narito kasi mas type ko ang barako, ayan. Feel na feel ko dito,” Marcos said.
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