Kerwin Espinosa: No corpus delicti, no crime
Self-confessed drug lord Kerwin Espinosa on Monday asked the Department of Justice (DoJ) to dismiss the drug complaint filed by the Philippine National Police (PNP) against him.
In his counter-affidavit, Espinosa disclosed that the PNP has no evidence that he has drugs in his possession, and asked what penalty will be imposed on him since under RA 9165, penalties are based on the quantity of drugs found in his possession.
“Since the government could not prove that I ever had shabu in my possession, what would be the penalty that could be imposed on me?” Espinosa asked.
Furthermore, he pointed out that the Criminal Investigation and Detection Group failed to present the “corpus delicti” of the alleged offense, meaning, no drugs were presented to the DOJ panel of prosecutors as part of the evidence against him.
“Where is the corpus delicti? Surely, this honorable panel would understand how vital the corpus delicti is for purposes of determining the existence of probable cause?” read Espinosa’s sworn statement.
Under the complaint, Espinosa, businessman Peter Lim and their co-respondents were Marcelo Adorco accused of violating Section 26 (b) in relation to Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.
The PNP based its complaint on the sworn statements issued by Adorco who was arrested on July 8, 2016 during a drug buy-bust operation in Albuera, Leyte.