Not guilty plea entered for race car driver murder suspect

AQuezon City court entered a not guilty plea for Domingo “Sandy’’ De Guzman III, the businessman accused of allegedly conspiring with Dahlia Guerrero-Pastor in the murder of the latter’s husband, international race car driver Ferdinand “Enzo’’ Pastor in Quezon City last June 12, 2014.

After yesterday’s arraignment, Quezon City Regional Trial Court Branch 85 Judge Luisito Cortez ordered jail personnel to detain De Guzman at Camp Bagong Diwa in Taguig City.

De Guzman’s camp led by his counsel Atty. Dennis Manalo asked the court to keep him in the custody of the National Bureau of Investigation (NBI) instead of the Quezon City Jail because of threats to his life.

In his motion, De Guzman said detaining him at the Q.C. jail would put him in grave danger claiming he had been receiving calls and messages "threatening him that he would be killed once captured by authorities as payment for supposedly killing Enzo Pastor."

After months of eluding arrest, De Guzman was arrested by agents of the National Bureau of Investigation (NBI) at a hotel in Dasmariñas Cavite last December 3.

De Guzman who is facing murder charges is allegedly the lover of GuerreroPastor who remains at large and is now being charged with parricide.

Manalo earlier filed an application for admission to bail for his client’s temporary liberty.

In the 17-page application, Manalo cited several reasons why their bail request should be granted by the court.

Manalo said that the natural course of the court is towards a fair and liberal appreciation of the evidence in determining the level of proof and presumption of guilt elements needed to warrant the deprivation of the right to post bail.

He added that the court has not rendered clear or conclusive determination whether the liability of the accused would call for capital punishment that would exclude him from posting bail.

“Such is the importance of this right that a person charged with an offense punishable by reclusion perpetua when the evidence of guilt is not strong is entitled to bail,’’ the application for admission to bail stated.

Manalo in his petition said the prosecution has the burden of proof to show that the evidence of guilt is strong against the accused.

He also pointed out that the alleged gunman, PO2 Edgar Angel, retracted his extra-judicial confession citing that the execution is obviously of doubtful validity and legality that cannot be used as a basis for the murder charge and denial of bail.

Manalo said there is no dispute that no evidence would link his client as a direct participant or mastermind in the murder case but Domingo was still indicted solely on the basis of the extra-judicial confession of Angel.

Pastor was driving a truck carrying a race car in Quezon City, when he and his helper Paolo Salazar were ambushed by a motorcycle-riding gunman, at the corner of Congressional and Visayas Avenues, Pastor and Salazar were on their way to a car racing competition in Pampanga.

Pastor died of a gunshot wound in the head while his helper survived a shot in the abdomen.

In his extra-judicial confession, Angel said Domingo paid him 100,000 to kill Pastor, shooting the victim several times in different parts of the body at 10 in the evening of June 12, 2014.

On September 8, 2014, Angel recanted and disowned the confession. He said he fabricated it because he claimed that it was given under force and intimidation.

Manalo said this should be given credence to the case as Angel said the arresting officers detained him at Camp Karingal and wrote the well-scripted confession.

“The special circumstances of this case, coupled with PO2 Angel’s retraction of his extra-judicial confession cast grave doubts as to the veracity of Angel’s initial statements,’’ the application noted.

Assuming that the confession was valid, it would be binding only to Angel as confessant and would be considered hearsay for his co-accused, De Guzman's petition said.

De Guzman said Domingo's affidavit on his and Dalia's illicit affair cannot be considered as evidence on their supposed conspiracy to kill Enzo Pastor.

Meanwhile, Pastor’s family thanked the QC court for its swift arraignment of De Guzman, the alleged brains behind the race car driver’s killing.

Tom Pastor, Enzo's father, also called for their estranged daughter-inlaw, Dalia, to turn herself in and face the charges hurled against her.