A Manila Regional Trial Court on Monday acquitted self-confessed drug lord Rolan “Kerwin” Espinosa of charges of illegal possession of firearms and explosives.
In a decision dated Sept. 4, 2023, Manila City RTC Judge Janice Yulo-Antero absolved Espinosa of violations of Republic Act No. 9516 on illegal possession of explosives, and RA 10591, the Comprehensive Firearms and Ammunition Regulations Act.
“The prosecution miserably failed to prove the guilt of accused Rolan Espinosa y Eslabon alias ‘Kerwin Espinosa’ beyond reasonable doubt that he was in effective control and possession over the firearms/weapons and ammunition, neither was he in actual nor constructive possession of the same,” Antero ruled.
With the acquittal, the judge ordered the warden of the Manila City Jail “to release the body of the accused unless he is being detained for other lawful cause/s.”
However, Espinosa is left with one more drug-related case in Baybay, Leyte, where he was previously allowed to post bail, and two other cases for violating the Anti-Money Laundering Act.
“All the firearms and ammunition as enumerated in the Informations (criminal charge sheets) are hereby confiscated and forfeited in favor of the Government and accordingly, the Evidence Custodian of the Ormoc City Crime Laboratory Office, Philippine National Police, is hereby directed to turn over the said firearms and ammunitions to the Firearms and Explosives Office (FEO), Camp Crame, Quezon City, within 15 days from receipt of this Consolidated Decision and submit proof thereof to this Court,” Antero ordered.
The cases involved the explosives and firearms allegedly seized by the police on Aug. 3, 2016 in Albuera, Leyte from the houses of Kerwin and his father, slain Albuera Mayor Rolando Espinosa.
In exonerating Kerwin, the RTC gave weight to the recantation of Mayor Espinosa’s bodyguard, Marcelo Adorco.
Judge Antero said Adorco disclosed that he was “he was coerced, threatened, and intimidated” to testify against Kerwin.
“He recanted his statements that he was the bodyguard/driver of accused Kerwin; and that the firearms and ammunition were pawned by accused Kerwin,” the judge said.
“The truth being is that he was the bodyguard and driver of Mayor Espinosa, especially during cockfights; that the firearms and ammunition were all taken from the houses of Mayor Espinosa; and that accused Kerwin had no knowledge about these,” the judge pointed out.
Kerwin was arrested in Abu Dhabi, United Arab Emirates on Oct. 17, 2016, after months in hiding.
Mayor Espinosa, with fellow detainee Raul Yap, were killed by the police on Nov. 5, 2016. The police claimed that the two resisted arrest and fired weapons while being served search warrants for illegal possession of firearms.
