The Makati City regional trial court has ordered the dismissal of charges filed against alleged drug lord Rolan “Kerwin” Espinosa and three co-accused.
In an order dated last December 17, Judge Gina Bibat Palamos granted the demurrer to evidence filed by Espinosa, Wu Tuan Huan alias Peter Co, Lovely A. Impal, and Marcelo L. Adorco.
A demurrer to evidence is filed by an accused in a criminal case to dismiss the charges on the allegation that the evidence presented by the prosecution is insufficient or weak and would not result in a conviction.
If granted by the court, the charges are dismissed and the dismissal is tantamount to an acquittal. If denied, the trial would resume for the presentation of the evidence by the accused.
“Accordingly, for the failure of the prosecution to adduce evidence to overturn the presumption of innocence enjoyed by the herein accused, the Information in the above-entitled case is hereby dismissed,” the trial court judge ruled.
Justice Secretary Menardo Guevarra expressed sadness over the development, saying he has directed Prosecutor General Benedicto Malcontento “to exhaust all legal remedies, foremost of which is to file a motion for reconsideration with the trial court.”
Guevarra stressed that Espinosa “is not off-hook yet.”
“I understand that he is still facing an unfinished case before RTC-Manila and another drug case in Albuera, Leyte,” Guevarra stressed.
“Likewise, law enforcement agents are still on the lookout for drug lord Peter Lim. Sooner or later the long arm of the law will catch up with these people and they will answer for their crimes,” the Justice Secretary said. Lim has been indicted, but he has been on the run.
Espinosa, Co, Adorco, and Impal were charged with violations of Section 26(b), under Section 5, Article II of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
Penalized under Section 26(b) and Section 5, Article II of RA 9165 are the “sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals.”