Gutierrez faces raps over aide's death

MANILA, Philippines - The Department of Justice (DOJ) has approved the filing of charges against actor Richard Gutierrez in connection with the death of his personal manager during a road accident in Cavite last May.

In a four-page resolution issued last Friday, prosecutors said they have found probable cause to file in court charges of reckless imprudence resulting in homicide against Gutierrez for the death of Nomar Pardo.

The prosecutors said all elements of the charge of reckless imprudence resulting in homicide are present in the case, including “inexcusable lack of precaution on the part of the offender.”

Pardo’s widow Lorayne filed the charges against the actor. The information was already filed against Gutierrez at the Silang Municipal Trial Court. Prosecutors have recommended a bail of P30,000 for the actor’s conditional release. 

“Evidence proffered by the complainant clearly shows that respondent (Gutierrez) drove his car grossly in excess of what is allowed by law,” said the resolution approved by Cavite Provincial Prosecutor Emmanuel Velasco.

In arriving at this conclusion, the prosecutors used as basis the reports of the police traffic officers on the vehicular accident that took place at around 1:30 a.m. at the Sta. Rosa-Tagaytay Road, photographs of the crash cite, and 11 traffic violation tickets issued to the actor.

“Considering that the Sta. Rosa-Tagaytay Road is a national highway, the maximum speed set by Republic Act 4136 is merely 80 kilometers per hour.

“Looking at the pictures of the wreckage, this office could not help but conclude that the car was traveling at a speed of over 80 kph. If it were otherwise, the car would not have sustained such damage as it did,” they explained.

“The office also notes that the car (Nissan GT-R Sedan) first rammed a concrete electric post breaking it in two, then hit three coconut trees, which had two of its tops cut off from its trunk. Thereafter the car rested on the side of the road some 75 meters from the point of impact. Again, this clearly points to the fact that respondent drove the car at mind-boggling speeds at the time of the accident,” they added.

The prosecutors stressed that the site of the incident was a curve, which should have prompted a prudent driver to slow down. “But in this case evidence clearly showed that the respondent did not exercise proper prudence and slow down as he approached the curve way.”

“The distance of the car to the point of impact, the broken trees and broken Meralco post all point to the fact that the respondent was reckless and negligent while driving that night,” added the resolution.

The panel of prosecutors, however, junked the claim of complainant that Gutierrez abandoned and failed to rescue Pardo, saying the actor was also seriously hurt in the incident and had the paramount instinct to survive.

“The office finds credence to the interlocking testimonies of three witnesses to the effect that respondent did not immediately leave the scene of the accident. To the contrary, respondent tried to look for Nomar in the ravine, which was so dark at that time. Respondent left the scene in order to seek medical attention only upon being assured that other persons have joined in the efforts to look for Nomar,” they stressed.

Prosecutors clarified that the filing of the case in court does not necessarily mean that Gutierrez was already found guilty. They said the discovery of probable cause only means that there was ample evidence to indict him and it would be up to the court to determine his guilt.

During the preliminary investigation, Gutierrez said as defense that he exercised due diligence at the time of the accident. He claimed that it was an accident for which he could not be faulted.

The actor presented witnesses to prove that their workload prior to the incident was light so he was still in control.

DOJ investigators ruled that this defense could best be resolved in a court trial.