MANILA, Philippines – The Court of Appeals (CA) upheld the arrest warrant issued by a lower court in 2015 against Dalia Guerrero-Pastor in the parricide case filed against her for the death of her husband, international race car driver Ferdinand “Enzo” Pastor.
Dalia had filed before the CA an application for a temporary restraining order (TRO) and/or a writ of preliminary injunction to stop her arrest, but the CA’s 7th Division junked her plea.
Dalia has been in hiding since the complaint against her was filed before the Department of Justice (DOJ). Enzo’s parents claimed in 2016 that Dalia was hiding in Indonesia.
In a 10-page resolution penned by the CA 7th Division’s Associate Justice Maria Elisa Sempio Diy, the court said: “Dalia failed to satisfy all the requisites necessary for the issuance of injunctive relief. Dalia failed to establish that she has a clear and unmistakable legal right which ought to be protected. She also failed to persuade us that there is extreme urgency for the relief.”
Dalia had argued before the CA that Quezon City Regional Trial Court (QC RTC) Branch 91 Presiding Judge Luisito Cortez committed grave abuse of discretion for ordering her arrest despite the supposed lack of evidence against her.
Dalia questioned the merits of the parricide case against her, saying that the alleged gunman, former policeman Edgar Angel, had already retracted his statements that pointed to Dalia and Dalia’s alleged lover Domingo “Sandy” de Guzman as masterminds of Enzo’s killing.
The CA said it cannot rule on Dalia’s argument regarding the supposed lack of evidence because her case is still pending before the QC RTC.
“We cannot make any pronouncement that would preempt the merits of the main case. The prevailing rule is that courts should avoid issuing a writ of preliminary injunction that would in effect dispose of the main case without trial,” the CA said.
Both De Guzman and Angel are facing murder complaints for Enzo’s death.
The DOJ previously said that despite Angel’s recantation, the affidavit of the Pastors’ house helper Chona Domen detailing the supposed affair between Dalia and De Guzman is strong enough evidence to pursue the case.
A confessed gun-for-hire, Alvin Nidua, also said in an affidavit that Enzo wanted to kill De Guzman over his affair with Dalia, which was why De Guzman hired him to kill Enzo first. Nidua would later hire Angel for the job, he said.
Enzo was shot dead in June 2014. – Rappler.com
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