DOJ approves filing of murder rap vs alleged Enzo Pastor gunman
MANILA, Philippines—The Department of Justice has approved the filing of a murder case against Police Officer 2 Edgar Angel for the killing of champion car racer Enzo Pastor, even after he had recanted his earlier “confession.”
Prosecutor General Claro Arellano approved the recommendation made by Prosecutor Susan Villanueva.
Angel in his counter-affidavit said he was a fall guy. Angel contradicted his extrajudicial confession saying he was tortured and threatened by police to admit to killing Pastor.
But the DOJ said, following decisions by the Supreme Court, recantations do not necessarily cancel an earlier declaration.
“Like any other testimony, it is subject to the test of credibility based on the relevant circumstances. If a previous confession of an accused were to be rejected simply because the latter subsequently makes another confession, all that an accused would do to acquit himself would be to make another confession out of harmony with the previous one,” the resolution stated.
The DOJ said before Angel’s previous affidavit can be set aside, thorough study must be conducted: determine the motive, reasons and compare testimonies of witnesses.
“These qualifications can only be arrived at during a full blown trial on the merits and not during preliminary investigation,” the DOJ said.
The DOJ noted that all the elements for murder are present in the case, especially evident are premeditation and treachery.
“As soon as the plan to kill Enzo was hatched, respondent PO2 Angel’s acceptance of the initial payment of P50,000 from Sandy as well as the receipt of the motorcycle and gun to be used to commit the crime, coupled with their regular and constant communication manifestly indicated respondent PO2 Angel clung to his determination to kill Enzo,” the resolution stated.
“Furthermore, it appears that not only respondent PO2 Angel decided to kill Enzo, but his decision was the result of meditation, calculation and reflection, given that he had ample time from his first meeting with Sandy on the second week of November 2013 up to June 2014, to thin about the said decision.”
At the same time, the DOJ dismissed the frustrated murder case against Angel.
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