THE Court of Appeals (CA) has ordered the reopening of the dismissed illegal drugs case against self-confessed drug lord Rolan “Kerwin” Espinosa.
This decision follows the CA Twelfth Division’s reversal of the Manila Regional Trial Court Branch 26’s acquittal of Espinosa on charges of violating Section 5 and Section 11 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, due to reasonable doubt.
The CA nullified the August 14, 2020 decision and March 14, 2022 resolution issued by the Manila RTC that acquitted Espinosa.
The CA affirmed the government’s contention that the prosecution was denied due process to present its evidence fully, justifying the reversal of the trial court’s decision.
In its petition, the Office of the Solicitor General (OSG) argued that the trial court judges displayed grave abuse of discretion by ruling in favor of Espinosa.
The OSG maintained that double jeopardy does not apply when the trial court acts with grave abuse of discretion, thus violating the right to due process.
The CA explained that the decision was made by the Manila RTC without the presence of the handling public prosecutor, despite the prosecutor being available for a video conference on the date of the decision’s promulgation.
