CA revives drug charges vs drug lord Kerwin Espinosa

MANILA, Philippines — The Court of Appeals (CA) has ordered the drug charges against self-confessed drug lord Kerwin Espinosa to be remanded to the Manila Regional Trial Court (RTC) for a continuation of “trial on merits.”

Two cases are set to be revived against Espinosa—one for illegal possession of firearms and ammunition and another for violating Section 11 (illegal possession of dangerous drugs) of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.

Before the Manila court, Espinosa faces three separate charges, including violations of Section 5 (illegal sale and distribution of dangerous drugs), Section 11 (illegal possession of dangerous drugs), and illegal possession of firearms and ammunition.

On Aug. 14, 2022, the Manila Regional Trial Court (RTC) Branch 26  convicted Espinosa of illegal possession of firearms but cleared him of the two drug charges in a consolidated decision.

Following the denial of the prosecution's request for reconsideration on March 14, 2022, the case was subsequently escalated to the Court of Appeals (CA).

In a 12-page ruling from the CA's 12th division, it partly granted the appeal filed by the government when it "vacated and set aside" the disposition of two of the three criminal cases and ordered the Manila court to resume the consolidated trial.

The prosecution argued in its petition to the CA that the judge had shown serious abuse of discretion by resolving the cases before both parties finished presenting their evidence.

“Given that the Respondent Judge who denied the Motion for Reconsideration of Petitioner failed to consider these circumstances when it resolved the issues, he also committed grave abuse of discretion amounting to lack or excess of jurisdiction,” the CA’s decision read.

The RTC's March 14, 2022 resolution rejected the prosecution's motion for reconsideration against the acquittal, stating that it is final and cannot be reviewed. 

According to the RTC, the case cannot be modified without violating Espinosa’s right against double jeopardy, which is a constitutional right. 

“Petitioner asserts that double jeopardy does not attach when the trial court acts with grave abuse of discretion, violating the right to due process; and that Public Respondent Judges violated its right (Petitioner’s right) to due process by not allowing the parties to conclude their presentation of evidence before rendering the assailed decision,” the CA said. 

Espinosa had previously implicated former senator Leila De Lima in the drug trade at the New Bilibid Prison, but he has since retracted his statements against her.