Albuera Mayor Kerwin Espinosa Released from Cebu Jail After Court Recalls Arrest Warrant
Albuera Mayor Kerwin Espinosa has been freed from the Cebu City Jail following a decision by the Cebu Regional Trial Court to recall and set aside the arrest warrant against him in a murder case. The court cited a lack of jurisdiction as the primary reason for this action, as the alleged crime did not take place within Cebu City's boundaries.
Court Order Details and Jurisdictional Issues
In an order issued by Presiding Judge Merlo Bagano on February 10, 2026, the court directed that the case be returned to Leyte. This decision was based on the fact that the alleged murder occurred in Barangay Zone 10, Albuera, Leyte, which falls outside the territorial authority of the Cebu court. The court emphasized that it has no legal power to conduct the trial for a crime committed in another jurisdiction.
Espinosa, along with two companions, surrendered to the National Bureau of Investigation (NBI) Central Visayas on February 5, 2026, after RTC Branch 14 issued an arrest warrant against them. This surrender preceded the court's recent ruling on jurisdiction.
Rejection of Republic Act No. 10660 Application
Additionally, the court rejected the application of Republic Act No. 10660, a law that permits the transfer of cases involving public officials to other judicial regions to prevent partiality. The court outlined two critical points for this rejection:
- Nature of the Case: The case does not meet the law's requirement that the accused must be holding public office at the time the crime was committed.
- Timing of the Crime: Espinosa was not yet mayor when the alleged offense took place, further disqualifying the case from transfer under this statute.
Espinosa's Response and Claims of Innocence
Following his release, Espinosa expressed gratitude to God for answering his prayers and maintained his innocence regarding the accusations. He stated that he is relieved by the court's decision and looks forward to clearing his name fully as the case proceeds in the appropriate jurisdiction in Leyte.
