MANILA, Philippines - The Department of Justice (DOJ) has approved the indictment of businessman Domingo de Guzman III, one of the alleged masterminds in the killing of international racing champion Enzo Pastor, for illegal possession of firearms.
In a seven-page resolution released yesterday, Assistant State Prosecutor Susan Villanueva found probable cause to file a case in court against De Guzman for violation of Republic Act No. 10591 (Comprehensive Law on Firearms and Ammunition) after inquest proceedings last week.
The charges were in connection with the two pistols seized from him when he was arrested by Quezon City policemen last Aug. 27 in Muntinlupa City during follow-up operations on Pastor’s killing last June 12.
“It must be emphasized that the firearm was seized from respondent De Guzman when, in plain view, the policemen saw it tucked into his waist. When asked to produce the documents to show his authority to carry the said firearms, respondent failed to present/produce any,” the resolution read.
The DOJ also dismissed the claim of the respondent’s lawyer Dennis Manalo that the arrest was not valid since policemen did not have a search warrant during the operation.
“The policemen may validly seize the firearm and the same is admissible in evidence against respondent De Guzman pursuant to the ‘plain view doctrine’ and effect a valid warrantless arrest against his person,” it stressed.
Prosecutor General Claro Arellano said the case for the bailable offense of illegal possession of firearms was filed with the Muntinlupa City regional trial court.
In the same resolution, the DOJ has set for preliminary investigation the murder charge against De Guzman for Pastor’s killing. The hearings are set on Sept. 9 and 16 at 2 p.m.
Also summoned to the hearings was Pastor’s widow Daliah, who was also tagged as one of the principal suspects in the murder of her husband. She is facing parricide charges.
De Guzman and Daliah will also face a related charge for frustrated murder since Pastor’s assistant, Paolo Salazar, was wounded in the incident.
The self-confessed gunman in the Pastor killing who tagged the two, Police Officer 2 Edgar Angel, is expected to appear before the DOJ today for submission of his answer to a separate illegal drugs case against him.
Angel, who was arrested last Aug. 23 during an illegal drugs entrapment operation in Libis, Quezon City, confessed to the police that De Guzman paid him P100,000 to kill Pastor.
While De Guzman and Daliah might remain free while facing preliminary investigation on the murder and frustrated murder charges, the DOJ issued an Immigration Lookout Bulletin Order (ILBO) against them last Aug. 29.
The Pastor family issued an official statement that they were shocked and saddened by the tragic turn of events.
They said Enzo was a champion race car driver who brought glory and honor to the country. But, more importantly, Enzo was a loving father, husband, brother, brother-in-law and friend.
“His passing is a great loss not only to our family, but to our nation as well. We miss him everyday.
“We invite everyone to pray for justice in the case of Enzo Pastor. Our family puts its trust in our authorities and the Philippine legal system to ensure that justice will not only prevail, but will be swift and unyielding,” the statement read.
“We also invite everyone to pray fervently for the protection and guidance of Enzo’s two young boys, aged eight and six. We pray not only for their physical safety but for their emotional well-being as well. We know that this is a very trying time for both of them.
“Lastly, we pray for Daliah. We pray that the Holy Spirit fills her heart so that her thoughts and actions may be guided by divine intervention.”
Justice Secretary Leila de Lima also warned against any attempt of the respondents to leave the country.
While there is no hold departure order yet issued against De Guzman and Daliah, she said they could still be prevented from leaving the country. – With Rudy Santos, Evelyn Macairan