Before the death of the late Mayor Rolando Espinosa, he had executed an affidavit to Chief Insp. Jove Espenido, police chief of Albuera, Leyte.
The late mayor, according to the report of Inquirer, identified 226 people, including Sen. Leila de Lima and 18 other politicians, four members of the judiciary, 38 policemen, seven personnel of the Criminal Investigation and Detection Group (CIDG), one from the Philippine Drug Enforcement Agency, three from the Bureau of Jail Management and Penology, one from the Army and three from the media.
If you are one of those who asked,
What is now the value of the affidavit executed by Espinosa?The answer is this.
According to Albert Hidalgo, former president of the Integrated Bar of the Philippines in Leyte, the affidavit executed by Espinosa lost its probative value with his death.
Hidalgo told Inquirer that the danger of using the affidavit of Espinosa in court was that it would be open to questions by defense lawyers.
The affidavit will just be hearsay.But he added that the affidavit could be used to corroborate statements from other witnesses.
On the other note, Atty. Trixie Cruz-Angeles in a Facebook post, said:
About that "affidavit." There's an alleged complaint affidavit making the rounds of FB allegedly issued by Mayor Rolando Espinosa, recently deceased. Said affidavit implicates one senator, several police officers, a governor and others of complicity in the drug trade, specifically that of the operations said to be run by one Kerwin Espinosa. The complaint affidavit, while valuable as a tool for investigation has little or no evidentiary value now that the affiant can no longer witness on its contents.READ ALSO: This Suggestion On How To Keep Kerwin Espinosa Alive Is BRILLIANT
In the vernacular, wala nang maaaring tumestigo ayon sa mga nakalahad sa naturang affidavit. Kapag may ibang nagprisinta ng nasabing affidavit, ang testimonyang ito ay ituturing na hearsay at maaaring ma-exclude.
Gayunpaman, kahit makahanap ng paraan para ma-admit yung nasabing affidavit -- at assuming na tutoo ito-- kailangan patunayan sa pamamagitan ng ibang ebidensya ang mga alegasyong nilalaman nito, dahil ang pangunahing makakapagpatunay, yung testigo, ay yumaon na.