CA orders Kerwin Espinosa drug case returned to Manila court

The Court of Appeals (CA) has ordered the return of the illegal drug trade and possession case against self-confessed drug lord Kerwin Espinosa to a Manila court.

In a decision promulgated in February, the CA 12th Division vacated and set aside the August 2023 decision and March 14 resolution of the Manila Regional Trial Court (RTC) Branch 26 that acquitted Espinosa of violation of Section 5 and Section 11 of the Comprehensive Dangerous Drugs Act.

The March resolution of the RTC denied the motion for reconsideration filed by the prosecution against the acquittal on the ground that it is final and non-reviewable and cannot be pursued without jeopardizing Espinosa with double jeopardy.

“In view of the foregoing considerations, the Court finds sufficient reason to vacate the findings of the RTC in its assailed decision and resolution and remand [the] criminal case… for the continuation of the consolidated trial on the merits,” it said.

In its petition before the CA, the prosecution argued that the judge committed grave abuse of discretion in resolving the cases before the parties completed the presentation of their evidence.

“The Court finds some merit in this petition because there is adequate [evidence] showing that the prosecution was denied due process to fully present its evidence,” the CA said.

Espinosa has been released on bail since December 29, 2023, in connection with a separate illegal drug trade case in Leyte, a source told GMA News Online. —VBL, GMA Integrated News