CA orders drug raps vs Kerwin Espinosa remanded to Manila RTC | ABS-CBN
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CA orders drug raps vs Kerwin Espinosa remanded to Manila RTC
CA orders drug raps vs Kerwin Espinosa remanded to Manila RTC
Kerwin Espinosa attends his hearing at the Manila Regional Trial Court on April 6, 2018. Jonathan Cellona, ABS-CBN News/file
Kerwin Espinosa attends his hearing at the Manila Regional Trial Court on April 6, 2018. Jonathan Cellona, ABS-CBN News/fileMANILA - The Court of Appeals has ordered that the illegal drug trade and possession charges versus self-confessed drug lord Kerwin Espinosa be remanded to the Manila Regional Trial Court.
MANILA - The Court of Appeals has ordered that the illegal drug trade and possession charges versus self-confessed drug lord Kerwin Espinosa be remanded to the Manila Regional Trial Court.
In the decision of the 12th Division promulgated on February 22, 2024, the court set aside the 2020 decision of the Manila RTC Branch 26 acquitting Espinosa of charges related to illegal sale and possession of dangerous drugs.
In the decision of the 12th Division promulgated on February 22, 2024, the court set aside the 2020 decision of the Manila RTC Branch 26 acquitting Espinosa of charges related to illegal sale and possession of dangerous drugs.
The CA said in its ruling that there was adequate showing that the prosecution was denied due process to fully present its evidence against Espinosa.
The CA said in its ruling that there was adequate showing that the prosecution was denied due process to fully present its evidence against Espinosa.
Petitioner Republic of the Philippines stated that the two judges who handled the cases, Silvino Pampilo and John Benedict Medina, committed grave abuse of discretion when they acquitted Espinosa.
Petitioner Republic of the Philippines stated that the two judges who handled the cases, Silvino Pampilo and John Benedict Medina, committed grave abuse of discretion when they acquitted Espinosa.
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The court noted that there was adequate showing that the prosecution was denied due process to fully present its evidence.
The court noted that there was adequate showing that the prosecution was denied due process to fully present its evidence.
“The only instance when double jeopardy will not attach is when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was denied the opportunity to present its case or where the trial was a sham,” the court noted in the decision penned by Associate Justice Mary Charlene Hernandez-Azura.
“The only instance when double jeopardy will not attach is when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was denied the opportunity to present its case or where the trial was a sham,” the court noted in the decision penned by Associate Justice Mary Charlene Hernandez-Azura.
The decision of the RTC was also promulgated without the presence of the handling prosecutor.
The decision of the RTC was also promulgated without the presence of the handling prosecutor.
“The RTC seriously erred in proceeding with the promulgation of judgment without the public prosecutor despite his presence as early as 10:00 A.M,” the court said.
“The RTC seriously erred in proceeding with the promulgation of judgment without the public prosecutor despite his presence as early as 10:00 A.M,” the court said.
Espinosa was one of the principal witnesses in the illegal drug charges filed against former senator Leila de Lima during the Duterte administration.
Espinosa was one of the principal witnesses in the illegal drug charges filed against former senator Leila de Lima during the Duterte administration.
In 2022, Espinosa recanted his allegations against de Lima, who was subsequently granted bail and released from detention in 2023.
In 2022, Espinosa recanted his allegations against de Lima, who was subsequently granted bail and released from detention in 2023.
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