Kerwin asks court to drop gun, explosives cases

Self-confessed drug lord Kerwin Espinosa asked a local court on Thursday to dismiss the cases of illegal possession of firearms and explosives filed against him due to lack of sufficient evidence.

In his motion for leave to file demurrer of evidence filed before Judge Marivic Balisi-Umali of the Manila Regional Trial Court (RTC) Branch 20, Espinosa argued that no explosives and firearms were presented during the trial that would implicate him.

The guns and explosives were seized during a police raid on his residence in Leyte.

A demurrer to evidence is a motion to dismiss the case for lack of sufficient evidence to convict the accused. Based on the Rules on Criminal Procedure, the accused may file a demurrer after the prosecution rests its case.

The prosecution was given five days to file a comment.

Jesus Oberejo, defense lead counsel, said the granting of the demurrer means the acquittal of Espinosa.

The cases stemmed from the raid on Espinosa’s residence in Sitio Tinago, Binolho Village in Albuera, Leyte, on July 28 where authorities seized illegal drugs reportedly worth R1.9 million and assorted firearms.

The court earlier dismissed the cases for possession of dangerous drugs, illegal drug trading and illegal possession of firearms and explosives against Espinosa's father and coaccused, Albuera, Leyte Mayor Rolando Espinosa Sr., after the mayor was killed by a police team inside his cell in a Leyte jail on November 5 last year.

Espinosa is also facing a case of drug trafficking trial for which will resume on August 31.

The charges were originally heard at Branch 14 of the Baybay, Leyte RTC, but the Supreme Court has ordered the lawsuits transferred to Metro Manila based on the request of the prosecution and defense camps for security reasons.