Rolan “Kerwin” Espinosa (File photo)
MANILA – The Court of Appeals (CA) has ordered the return of the drug charges against Rolan “Kerwin” Espinosa to a Manila Regional Trial Court (RTC).
In a 12-page decision promulgated on February 22, the appellate court set aside the August 14, 2020 decision of the Manila RTC Branch 26 acquitting Espinosa of violation of Section 5 and Section 11 of the Comprehensive Dangerous Drugs Act, and affirmed the government’s claim that the prosecution was denied due process to fully present its evidence before issuing the ruling.
The case has its origins in the three sets of Information filed against Espinosa: two sets of Information for Violation of Section 11 of R.A. No. 9165 (Illegal Possession of Dangerous Drugs) and Violation of Presidential Decree (P.D.) No. 1866, as amended by R.A. No. 8294 (Illegal Possession of Firearms) regarding an incident on April 26, 2011; and one set of Information8 for Violation of Section 5 of R.A. No. 9165 (Trading and Distribution of Dangerous Drugs) regarding the incidents on July 28, 2016.
In its petition, the Office of the Solicitor General (OSG) argued that the RTC’s decision and resolution were issued with grave abuse of discretion, and in violation of the petitioner’s right to due process when the prosecution was not allowed to conclude the presentation of their evidence.
In its ruling, the CA noted that the decision of the trial court “does not mention any consolidation of the three criminal cases.”
Secondly, the appellate court said the decision was promulgated by the trial court without the presence of the handling public prosecutor, which could have clarified in open court that the prosecution has yet to rest its case.
"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 said. (PNA)
