MANILA, Philippines – The lawyers of the family of slain car racing champion Ferdinand “Enzo” Pastor, widow Dalia Guerrero and Sandy De Guzman on Thursday engaged in a heated argument on whether there is a “proper” complaint filed before the Department of Justice.
During Thursday’s preliminary investigation, lawyers Ruy Rondain, counsel for Dalia Guerrero, widow of Pastor, and Dennis Manalo, counsel for De Guzman, questioned if the referral letter of the Philippine National Police (PNP) constitutes a valid complaint affidavit.
Included in the letter was the sworn affidavit of arrest against De Guzman who was seized in an entrapment operation last Aug. 26.
“You don’t even know who the complaining witnesses are. Can I have a definite ruling as to what a complaint affidavit is,” Rondain asked.
Pastor’s counsel said “his words have no bearing.”
Dalia Guerrero-Pastor. FILE PHOTO
Manalo, on the other hand, insisted that they need the prosecutor to issue a subpoena for the CCTV footage of a gasoline station to prove that De Guzman was not set up by police.
Manalo said his client denied that there was an entrapment operation but he cannot verify if that was true or not because it was only his client speaking.
But the request was already denied by the Department of Justice prosecutor saying they have no authority to issue subpoena.
“We don’t want to be involved in guesswork as we prepare our counter-affidavit,” Manalo said.
“We do not know what to respond to. We are entitled to a written sworn affidavit,” Rondain added.
Pastor family’s counsel said “we object to this procedural anomaly. This is a dilatory move.”
Manalo said if the complainant would stipulate on the authenticity of the unofficial copy of the CCTV footage, then they will no longer request for a subpoena. But Pastor’s camp did not budge.
“Eh di ilakip nila. Whatever they have, they attach it in their counter-affidavit,” De la Cruz said.
“We can submit even the illegally obtained evidence,” Rondain asked. Then he said “let us all be gentleman here.”
DOJ prosecutor Susan Villanueva gave Guerrero and De Guzman up to Oct. 14 to submit their motion for reconsideration on the denial for request for subpoena and up to Oct. 24 to submit their counter affidavit.
Villanueva said that is the last deadline they will give Guerrero and De Guzman to submit their counter affidavit otherwise they will resolve the case based on the evidence they have at hand.
De Guzman is facing a case for murder while Guerrero is slapped with a complaint for parricide. De Guzman and Guerrero allegedly had extramarital relations based on the testimony of the Pastor family’s nanny.
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