A Manila Regional Trial Court Judge acquitted self-confessed drug lord Rolan "Kerwin" E. Espinosa of illegal possession of firearms and explosives charges.
The decision dated 4 September 2023 by RTC Judge Janice R. Yulo-Antero acquitted Espinosa of violations of Republic Act 9516 on illegal possession of explosives, and RA 10591, the Comprehensive Firearms and Ammunition Regulations Act.
Judge Antero, in her decision, said "the prosecution miserably failed to prove the guilt of accused Rolan Espinosa y Eslabon alias 'Kerwin Espinosa' beyond reasonable doubt that he was in effective control and possession over the firearms/weapons and ammunition neither was he in actual nor constructive possession of the same."
The judge with the acquittal, ordered the warden of the Manila City Jail "to release the body of the accused unless he is being detained for other lawful cause/s."
"All the firearms and ammunition as enumerated in the Information are hereby confiscated and forfeited in favor of the Government and accordingly, the Evidence Custodian of the Ormoc City Crime Laboratory Office, Philippine National Police, is hereby directed to turn over the said firearms and ammunitions to the Firearms and Explosives Office, Camp Crame, Quezon City, within fifteen days from receipt of this Consolidated Decision and submit proof thereof to this Court," Judge Antero ordered.
The cases involved the explosives and firearms that were seized by the police on 3 August 2016 in Albuera, Leyte from the houses of Kerwin and his father, slain Albuera Mayor Rolando Espinosa.
The RTC in acquitting Kerwin, gave weight to the recantation of Mayor Espinosa's bodyguard, Marcelo Adorco.
The judge said Adorco disclosed that, when he executed the 2016 sworn statement against Kerwin, "he was coerced, threatened and intimidated."
"He recanted his statements that he was the bodyguard/driver of accused Kerwin; and that the firearms and ammunition were pawned by accused Kerwin," the judge said.
The judge said the truth is that he was the bodyguard and driver of Mayor Espinosa, especially during cockfights; that the firearms and ammunition were all taken from the houses of the mayor; and that accused Kerwin had no knowledge about the matter.
Authorities nabbed Kerwin in Abu Dhabi, United Arab Emirates on 17 October 2016 after months in hiding.