CIDG open to submitting Kerwin Espinosa’s Senate confession

The Philippine National Police-Criminal Investigation and Detection Group on Wednesday said they are willing to submit the testimonies of self-confessed drug lord Kerwin Espinosa in a Senate hearing on the drug trading charges against the latter.

CIDG chief Director Roel Obusan explained that it was not previously included in their complaint as Espinosa did not only cooperate with them but had also retracted his statement during the preliminary investigation.

He added that he wrote a letter to Justice Secretary Vitaliano Aguirre II regarding the development.

He said that he has yet to see a response from Aguirre.

"We are always open to [it], kasi magbabago nga 'yung magtitingin di ba? So we expect that we will going back to zero kaya if you will go back to zero and allowed naman na mag-supplemental o magkakaroon pa ng other pleadings na ibibigay o manifestations," Obusan said during a press briefing, when asked if they will submit other evidence to support their motion for reconsideration.

"We are open to that and we are also thinking kung they are looking at the excerpts from the Senate hearing, why not? Puwede na naming ilagay, para i-diin pa ng konti," he said.

Pressed on why the CIDG is considering to submit it as supplemental evidence, Obusan said: "I heard the [Justice] Secretary [Vitaliano Aguirre II] said that, we will accept kung kailangan dun at sinasabi na kailangan daw, oh 'di sige, kailangan sabi nila."

"Pero again I want to emphasize ni-retract ni Kerwin during his answer 'yung mga 'yon kasi nag-answer siya eh. Remember when you're being charged, you are required to answer, sa answer niya hindi niya na inamin 'yon," he added.

The CIDG filed a motion for reconsideration on February 19, which is 12 days after they received the resolution of state prosecutors on February 7 dropping the criminal complaint against Lim, Espinosa and others due to "weak evidence."

A 41-page resolution approved by Acting Prosecutor General Jorge Catalan and dated December 20, 2017 said the "uncorroborated statements" of the complainant's witness, Marcelo Adorco, could not be admissible evidence against the respondents.

The resolution described Adorco as an "evidently self-serving witness."

Aguirre has already formed a three-man panel of prosecutors tasked to handle the motion for reconsideration filed by the police.

In Department Order 152, Aguirre had also ordered the National Bureau of Investigation to probe the state prosecutors who composed the panel that dismissed the charges. 

‘Swift’ dismissal questioned

Obusan also questioned the swift dismissal of drug trading charges against Espinosa.

"Bakit swiftly 'yung pagka-dismiss ng lahat, 'yung kay Kerwin Espinosa, hindi ba papasok? Eh samantalang si Kerwin Espinosa, bodyguard niya mismo nagsasalita na nag-uutos sa kanya, swiftly lahat-lahat ay madi-dismiss? That's impossible."

"Kasi you have to treat every act of the crime according to the person and to the transaction committed. It is individual and distinct with another, hindi dapat pagsama-samahin ng isa," he added.

While the CIDG chief was thankful for the creation of the panel tasked to review their motion for reconsideration, he distanced himself from commenting on Aguirre's statement that they submitted "weak evidence."

"Mahina yung kaso namin kaya binasura? I don't think so na ganyan [ang] isinagot ni Secretary Aguirre baka naman you're putting words into his mouth? 'pag sinabi kasi ni Secretary Aguirre na mahina ang kaso ibig sabihin biased siya...I don't believe na ganon ang sinabi," he said.

Subpoena power

Obusan said that they will consider using their subpoena power since they have to "use all available resources" the CIDG have.

"Hindi ko kasi nakikitang madi-dismiss itong case na ito eh. Pagka madi-dismiss ito ay magsu-subpoena, we will work hard again, we will use all available tools of investigation and one of the available tools is the subpoena power and definitely I will use that so as to have justice," Obusan said.

"Hindi pwedeng hindi ko gamitin kung kinakailangan especially it is a high-profile case," he added.

President Rodrigo Duterte on March 1, signed Republic Act 10973 which authorized the PNP chief, the CIDG director and the CIDG deputy director for administration to issue subpoenas for cases under investigation.

Failure to comply with the subpoena could result in being charge with indirect contempt before the courts. —LBG/RSJ/BM, GMA News