Albuera, Leyte Mayor Kerwin Espinosa has been released from detention after a Cebu court recalled and set aside the warrant of arrest issued against him in a murder case, citing lack of jurisdiction.

In an order dated February 10, 2026, the Cebu Regional Trial Court (RTC) Branch 14 ruled that it has no authority to try the case, as the alleged crime did not occur within its territorial jurisdiction.

Espinosa was freed from the Cebu City Jail at around 5 p.m., according to his lawyer, Atty. Raymund Palad.

The court noted that the Information filed by the prosecution stated that the alleged murder took place in Barangay Zone 10, Albuera, Leyte.

“Absent any allegation that the offense or any of its essential elements transpired in Cebu City, this Court cannot assume jurisdiction without violating settled procedural and constitutional principles,” the court said.

It added that venue in criminal cases is jurisdictional in nature, and failure to properly allege venue is fatal to the case.

“For lack of jurisdiction, the case must be returned to the judicial region having territorial jurisdiction over Albuera, Leyte,” the order read.

The court directed that the case be returned to the Baybay, Leyte RTC Branch 14.

The Cebu court also rejected the application of Republic Act No. 10660, which allows the transfer of cases involving public officials to other judicial regions, citing that murder is a crime against persons and does not require public office as an element. It further noted that Espinosa was not yet mayor at the time the alleged crime was committed.

The court found no connection between the charge and Espinosa’s official duties that would justify keeping the case in Cebu.

Along with the recall of the warrant of arrest, the court canceled Espinosa’s arraignment scheduled for February 13.

Espinosa surrendered to the National Bureau of Investigation (NBI) Central Visayas in early February after learning that a Cebu court had issued a warrant for his arrest. He had been detained since February 5.