In a significant legal development, Albuera Mayor Kerwin Espinosa has been released from Cebu City Jail after the Cebu Regional Trial Court recalled the warrant of arrest issued against him in a murder case. This decision stems from the court's determination that it lacks jurisdiction over the matter, as the alleged crime did not occur within Cebu City's boundaries.
Court Order Details and Jurisdictional Issues
Presiding Judge Merlo Bagano issued the order on February 10, 2026, directing that the case be returned to Leyte for proper legal proceedings. The court emphasized that the crime reportedly took place in Barangay Zone 10, Albuera, Leyte, thereby placing it outside Cebu's authority to conduct a trial. This jurisdictional flaw necessitated the recall of the arrest warrant, leading to Espinosa's immediate release from custody.
Background on Espinosa's Surrender and Legal Proceedings
Espinosa, along with two other individuals, surrendered to the National Bureau of Investigation (NBI) Central Visayas on February 5, 2026, following the issuance of the arrest warrant by RTC Branch 14. His release marks a pivotal turn in the ongoing legal saga, highlighting procedural complexities in the Philippine judicial system.
Court Rejects Transfer Application Under RA 10660
In a related ruling, the court rejected an application to transfer the case under Republic Act No. 10660, which allows for moving cases involving public officials to other judicial regions to avoid partiality. The court cited two critical reasons for this rejection.
- First, the nature of the case does not meet the law's requirements, as it necessitates that the crime be committed while the individual holds a public position.
- Second, the timing of the crime is crucial, as Espinosa was not yet mayor at the time the alleged offense occurred, further disqualifying the case from transfer under this statute.
Espinosa's Response and Future Implications
Following his release, Espinosa expressed gratitude to God for answering his prayers and maintained his innocence regarding the murder charges. This case underscores ongoing challenges in jurisdictional disputes and legal interpretations within the Philippines, potentially influencing future similar proceedings. As the matter returns to Leyte, further developments are anticipated in the pursuit of justice.
