A Makati Regional Trial Court stood by its earlier ruling junking the illegal drugs charge against self-confessed drug lord Kerwin Espinosa.
Regional Trial Court Judge Gina Bibat-Palamos denied the motion for reconsideration filed by the prosecution over her Dec. 17, 2021 order that granted the demurrer to evidence filed by Espinosa.
A “demurrer to evidence” is a motion to dismiss due to insufficiency of prosecution evidence.
Reports said the prosecution had relied on the testimony of Marcelo Adorco, himself one of the accused. Adorco was also presented as Espinosa’s bodyguard and driver to prove his alleged involvement in the illegal drug trade.
On Aug. 11, 2020, Adorco executed a counter-affidavit recanting all the testimonies he gave in court. He also claimed that he was only forced to testify against Espinosa.
He recanted claims that he is Espinosa’s driver and bodyguard, and that he has knowledge of his alleged involvement in the illegal drug trade.
But in its December 2021 order, the Makati court said that “without Adorco’s testimonies, the prosecution’s case against the Espinosa Group necessarily crumbles.”
“While as a rule, recantations are viewed with suspicion and reservation. There exists special circumstances, such as the glaring violations of Adorco’s constitutional rights, which raises doubts as to the veracity of his initial testimonies,” the court said.
But even without the retraction, the court had already declared inadmissible Adorco’s sworn statements because they were done without the presence of his lawyer, an ABS-CBN news report said. Adorco was also supposedly made to believe the affidavits would only be used against Espinosa, not against him, the report said.
“For one, Adorco, unwittingly, was made to be a witness against himself. For another, the rule is that even if the confession contains a grain of truth, if it was made without the assistance of counsel, it becomes inadmissible in evidence, regardless of the absence of coercion or even if it had been voluntarily given,” the court said.
Even assuming Adorco’s testimonies were admissible, they were also not credible, the court said.
“Regrettably, the prosecution miserably failed to prove the alleged conspiracy between the Espinosa Group considering that Adorco’s testimony which is the very foundation of the prosecution’s case against them is neither clear, categorical, consistent nor credible,” the court said in its December ruling.
“Worse, Adorco, on cross-examination, admitted that his testimonies are plagued with errors and inconsistencies because of the police officers who prepared said statements. Worst, in a Kontra Salaysay dated August 11, 2020, Adorco recanted his testimonies,” it added.
In affirming the dismissal, the court said in Monday’s order that the prosecution’s arguments were merely rehashed and it failed to discharge its burden of proving guilt beyond reasonable doubt.
The Makati court’s latest ruling means Espinosa can no longer be prosecuted based on the same case because he had already been arraigned and double jeopardy has set in, according to Espinosa’s lawyer Raymund Palad.
Adorco’s August 2020 retraction was recently cited by detained Sen. Leila de Lima to prove her innocence. Adorco denied knowing De Lima.
