MANILA, Philippines — The Department of Justice has indicted confessed drug lord Kerwin Espinosa and ten others on drug trading over his alleged participation in the illegal narcotics trade in Eastern Visayas.
Senior Assistant State Prosecutors Charlie Guhit and Susan Azarcon, and Prosecution Attorney Eugene Yusi found probable cause to file a charge of conspiracy to commit illegal drug trading against Espinosa.
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Also indicted with Kerwin on violation of Section 26(b), in relation to Section 5, of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 are the following:
- Marcelo Labay Adorco
- Jose Ortiz Antipuesto, alias Joe
- Jose Jernie Estrera, alias Amang
- Galo Stephen Evero Bobares
- Ferdinand Gulhoran Rondin, alias Denan
- Brian Anthony Zaldivar, alias Tonypet
- Nickjune Rosalia Canin
- Virbeca Hiyas Diano, alias Bebeth
- Alfred Cres Arradza Batitis
- Josela Avila Dumaguit alias Jojie
“Upon careful evaluation of the facts and evidence adduced by the parties and applying the foregoing provisions of law, we find probable cause to charge respondents Kerwin, Adorco, Antipuesto, Bobares, Rondina, Zaldivar, Diano, Estera, Canin, Batistis and Dumaguit,” the resolution made public on Thursday read.
This resolved the complaint filed by the National Bureau of Investigation following a department order issued by then-Justice Secretary Vitaliano Aguirre II.
The bureau had also submitted to the prosecution panel copies of the transcript of stenographic notes of the legislative inquiry at the Senate in 2016 on the killing of Mayor Rolando Espinosa Sr. “The NBI noted that the Senate did not grant legislative immunity to Kerwin at the time of the legislative inquiry,” the resolution dated July 23 read.
‘Corpus delicti’
In indicting Kerwin and the 10 others, state prosecutors said “it must be noted that the necessity of presenting the drug itself does not apply in cases of illegal trading of dangerous drugs.”
It said that the Supreme Court case of De Lima v. Guerrero applies, or the petition filed by detained Sen. Leila De Lima who is facing charges of conspiracy to commit illegal drug trading.
The corpus delicti (body of the crime) in the case is “presence of a conspiracy among the respondents,” the prosecutors said.
“Clearly, due to the complexity of transactions alleged in the instant case wherein respondent Kerwin would direct his couriers to make deliveries to pushers, users or suppliers, and likewise make payment, whether through text messages or phone calls, or through a second or third middleman, it is sufficient that the communications among and between the respondents are established to prove the illegal trade,” they added.
Prosecutors dropped the complaint against 15 others, including eight police officers, as they held that no evidence was presented to show their participation in the alleged drug trade.
While there were inconsistencies in the affidavits filed, the prosecutors noted that the confessions date back to 2004.
“It bears stressing that variance in minor details has the net effect of bolstering instead of diminishing the witness’ credibility because they discount the possibility of a rehearsed testimony,” they said.
“Instead, what remains paramount is the witness’ consistency in relating the principal elements of the crime and the positive and categorical identification of the accused as the perpetrators of the same, i.e. the illegal drug trade of respondent Kerwin,” the resolution further read.
In July 2018, a different panel of prosecutors indicted Kerwin, inmate Peter Co and three others in a separate drug case.
Espinosa is detained at the NBI headquarters in Manila. The bureau is also looking into allegations that Espinosa continues the illegal drug trade while in custody, after Lt. Col. Jovie Espenido tagged him behind the illegal drug operations in Taguig, Pasay, Bulacan, Cavite and Pampanga.