Ferdinand “Enzo” Pastor murder: gunman PO2 Edgar Angel, alleged mastermind Domingo “Sandy” de Guzman and Enzo’s widow Dahlia Guerrero-Pastor. INQUIRER FILE PHOTO
MANILA, Philippines–The Department of Justice has ordered the alleged lover of slain racing champion Enzo Pastor’s widow indicted on a charge of illegal possession of firearms.
In a seven-page resolution dated Aug. 29 and released on Monday, Assistant State Prosecutor Susan Villanueva said she found probable cause to file the case against businessman Domingo “Sandy” de Guzman III following his arrest in Muntinlupa City on Aug. 27.
The alleged self-confessed gunman, PO2 Edgar Angel, cooperated with the police in setting up an entrapment operation for De Guzman, saying he had arranged a meeting with the latter to get a “bonus” for the hit.
Police operatives collared De Guzman after he allegedly gave P50,000 to Angel. Also seized from him were a .45-cal. pistol found tucked into the waistband of his pants and a 9-mm pistol inside his vehicle.
According to the police, De Guzman failed to show any document showing that he was authorized to carry the firearms.
His lawyer, Dennis Manalo, earlier questioned the inquest proceedings for his client on the gun possession case, saying there was no valid warrantless arrest against De Guzman. He added that the case should have been considered under a regular preliminary investigation.
Villanueva, however, said that the policemen legally seized the firearm and arrested De Guzman in accordance with the plain view doctrine.
“Under the plain view doctrine, objects in the ‘plain view’ of an officer who has a right to be in the position… are subject to seizure and may be presented as evidence,” she added.
The doctrine, she explained, applies when the following occurs: The law enforcer in search of evidence has a prior justification for an intrusion or is in a position from which he can view a particular area, the discovery of the evidence in plain view is inadvertent; and it is immediately apparent to the police officer that the item he observes may be evidence of a crime, contraband or otherwise subject to seizure.
Villanueva said the three requirements were present in the case against De Guzman.
“The law enforcement officers lawfully made an initial intrusion because of the entrapment operation and were properly in a position from which they particularly viewed the area. In the course of such lawful intrusion, the policemen came inadvertently across a piece of evidence incriminating respondent De Guzman where they saw the gun tucked into his waist (sic). The gun was in plain view and discovered inadvertently when the latter alighted from his vehicle to talk with respondent Angel,” she said.
Villanueva set the preliminary investigation on the complaints for murder and frustrated murder filed against De Guzman and Daliah Guerrero-Pastor on Sept. 9.
Angel is set to submit his counter-affidavit on the complaints Tuesday. He had claimed that De Guzman and Pastor’s widow were lovers and hired him to kill Pastor on June 12 while the racing champion, accompanied by an assistant, was driving to Angeles City.
Angel was arrested in a drug buy-bust operation in Libis, Quezon City, on Aug. 23. He confessed to killing Pastor afterward, saying he was paid P100,000 for the hit.