MANILA, Philippines — A Makati court has dismissed the case against Rolan “Kerwin” Espinosa for conspiracy to sell illegal drugs, citing the prosecution’s weak evidence against the self-confessed drug dealer.
In a 21-page resolution dated June 6, Makati Regional Trial Court (RTC) Branch 65 Judge Veronica Tongio-Igot granted the demurrer to evidence filed by Espinosa and his co-accused Marcelo Adorco to dismiss the charges of conspiracy to sell 80 kilos of shabu in Makati on two occasions in 2013 and 2015.
Their co-accused, Ruel Malindangan and Peter Go Lim, remain at large. Lim, a Cebu businessman accused of being a drug lord, has reportedly fled the country.
Espinosa will remain detained at the Bureau of Jail Management and Penology facility at Camp Bagong Diwa in Taguig as his other cases for illegal drugs and firearms are pending before Manila and Leyte courts.
State prosecutors had wanted to admit Adorco as a state witness to pin down Espinosa in his drug trade as his former driver and bodyguard.
However, Adorco was discharged as a star witness in 2022 after recanting his statements against Espinosa and former senator Leila de Lima, whom he linked to the drug trade.
The prosecution presented as evidence Espinosa’s extrajudicial confession about his drug dealings during a 2016 Senate investigation into the death of his father, mayor Rolando Espinosa Sr. of Albuera, Leyte, tagged by former president Rodrigo Duterte as a drug protector.
The court said the evidence was “inadmissible” because prosecutors “failed to show that such confession was made voluntarily.”
The court also granted Adorco’s demurrer to evidence because it found as “hearsay” the testimonies of police officers who said they obtained information from Adorco about the drug dealings.
Adorco’s extrajudicial confession was also inadmissible because it failed to comply with constitutional requirements for police officers to inform a suspect of his or her rights before getting a sworn statement.
Adorco’s right to counsel was also violated because the counsel presented to him failed to advise him about the consequences of his admission to a crime, the court said.
The lawyer was also “provided” by the police officers who paid the legal fees, the court found, reducing the lawyer’s role as a “mere witness” and casting doubt on her “independence and competence.”
“When the accused files a demurrer, the court must evaluate whether the prosecution evidence is sufficient enough to warrant the conviction of the accused beyond reasonable doubt,” the court said.
In 2021, the Makati RTC Branch 64 granted the demurrer to evidence filed by Espinosa, Adorco, Chinese drug lord Peter Co and Lovely Impal to dismiss the drug trafficking charges.
The court also found Adorco’s testimonies inadmissible, with his confession before police officers made without counsel.
Espinosa has been accused of operating his drug trade in Cebu and Eastern Visayas in conspiracy with Lim, Co and slain Cebu drug lord Jeffrey “Jaguar” Diaz.
Espinosa linked De Lima to the New Bilibid Prison drug trade but has since recanted his statements against her. De Lima was recently denied bail in her last remaining drug case before the Muntinlupa regional trial court.