Another drug case has been dismissed against Rolan “Kerwin” Espinosa by the Makati City Regional Trial Court. | T2TupasINQ
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence where a defendant cites that the evidence produced by the prosecution is insufficient to make out a case, whether true or not.
Espinosa and Adorco were accused of conspiracy to sell a total of 80 kilograms of shabu on two instances–Feb. 16, 2013, and June 7, 2015. The court said testimonies of the police officers were merely based on what Adorco has said, making it hearsay “and may not be received as proof of the truth of what he has learned.
“For this reason, affidavits are generally rejected for being hearsay unless the affiant themselves are placed on the witness stand to testify thereon. The rationale for this is respect for the accused’s constitutional right of confrontation or to meet the witnesses against him face-to-face,” the court explained.
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