MANILA, Philippines – Rolan “Kerwin” Espinosa was acquitted of another drug charge by the Makati City Regional Trial Court. In a 21-page ruling, Makati RTC Branch 65 granted the demurrer to evidence filed by ... CDNDigital
Kerwin Espinosa at Philippine National Police headquarters in Camp Crame, Quezon City in 2016.
Espinosa will remain detained despite the acquittal as he has two remaining drug-related cases before the Manila and Baybay City, Leyte courts.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 80 kilograms of shabu on two instances–Feb. 16, 2013, and June 7, 2015. The court said testimonies of the police officers “have no probative value since they have no personal knowledge of the facts constituting the offense charged.” Since Adorco was not presented and cannot affirm and identify the affidavit, the court said, “the adverse party is deprived of the opportunity to cross-examine the affiants.”
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