DOJ to charge cop in Enzo Pastor slay despite retraction

In a seven-page resolution, Assistant State Prosecutor Susan Villanueva said that Angel made three contradicting statements on the killing: the first was about his execution of the extra-judicial confession before a lawyer from the Integrated Bar of the Philippines; the second was his television interview affirming his confession; and his recantation.

 

"Taking guidance from settled jurisprudence, 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," Villanueva said.

 

Villanueva added that it was only in a full-blown trial where the credibility of Angel's recantation can be proven and not during preliminary investigation.

 

Villanueva said there was "meditation, calculation, and reflection" in Angel's decision to kill Pastor.

The DOJ said Angel's acceptance of the P50,000 payment to him, his receipt of the motorcycle and gun to be used, and his regular and constant communication with alleged mastermind Domingo de Guzman III showed the lawman "clung to his determination to kill the racer."

 

The prosecutor added that treachery, a qualifying circumstance for murder, was also present in the case because the way Angel attacked Pastor did not give the victim an opportunity to retaliate or defend himself.

 

Meanwhile, the separate frustrated murder charge against Angel for the wounding of Pastor's helper Paolo Salazar was dismissed in the absence of a medical certificate showing the extent of his injury. —NB, GMA News