Court of Appeals revives raps vs Richard Gutierrez

MANILA, Philippines - The Court of Appeals (CA) has ordered the filing of criminal charges against actor Richard Gutierrez for the death of his personal assistant, Nomar Pardo, in a car accident in Silang, Cavite in 2009.

In an eight-page decision released yesterday, the CA’s 11th division granted the petition of Pardo’s widow, Lorayne, for the filing of charges of reckless imprudence resulting in homicide against Gutierrez.

The CA reversed resolutions of the Department of Justice (DOJ) in March and May 2010, done by then secretaries Agnes Devanadera and Alberto Agra, respectively, that junked Lorayne’s complaint against the actor.

The appellate court reinstated the findings of Cavite Provincial Chief Prosecutor Emmanuel Velasco, who stated there is probable cause to indict Gutierrez before the Municipal Trial Court of Silang, Cavite in his Sept. 28, 2009 resolution.

Lorayne filed the criminal case against the 28-year-old actor on July 23, 2009, two months after her husband died in the accident on May 22, 2009 in Silang, Cavite.

“Accordingly, the assigned prosecutor on case is directed to re-file the information and to proceed with dispatch in the prosecution of private respondent Richard Rama Gutierrez for reckless imprudence resulting to homicide until its final termination,” the CA ordered in the ruling penned by Associate Justice Stephen Cruz. Associate Justices Magdangal de Leon and Myra Garcia-Fernandez concurred with the ruling.

The CA relied on a traffic accident report by the Silang municipal police station that belied Gutierrez’ claim that he was driving prudently when the accident, which he attributed to a slippery road, happened.

“If indeed private respondent was not driving fast, it would have been easy for him to stop his car and thwart any untoward incident,” the CA said.

It noted that the car Gutierrez was driving, a Nissan GT-R Sedan with plate number ZTU-775, hit a power post and was found resting in a ravine approximately 35 meters away.

The CA also said photographs showing the car’s condition further confirmed that Gutierrez was driving at a very high speed.

But the appellate court junked the charge of abandonment of victim against Gutierrez, which is punishable under Article 365 of the Revised Penal Code. It did not give credence to Lorayne’s claim that Gutierrez failed to extend on-the-spot assistance to her husband, saying the actor was also injured at that time.