Self-confessed drug lord Kerwin Espinosa acquitted of illegal possession of firearms, explosives charges
Self-confessed drug lord Rolan “Kerwin” E. Espinosa was acquitted by a Manila regional trial court (RTC) of charges of illegal possession of firearms and explosives.
In a decision dated Sept. 4, 2023, RTC Judge Janice R. Yulo-Antero acquitted Espinosa of violations of Republic Act No. 9516 on illegal possession of explosives, and RA 10591, the Comprehensive Firearms and Ammunition Regulations Act.
In her decision, Judge Antero said "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.”
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.”
“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 fifteen (15) days from receipt of this Consolidated Decision and submit proof thereof to this Court,” Judge Antero also ordered.
The cases involved the explosives and firearms that were 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 acquitting Kerwin, the RTC gave weight to the recantation of Mayor Espinosa’s bodyguard, Marcelo Adorco.
Judge Antero said Adorco disclosed that, when he executed the 2016 sworn statement against Kerwin, “he was coerced, threatened and intimidated.”
“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 the 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.