Dalia Pastor asks CA to dismiss charges, stop her arrest

(Updated 8:29 p.m.) Murder suspect Dalia Pastor has asked the Court of Appeals to order the dismissal of a criminal case filed against her over the killing of her husband, international racing champ Enzo Pastor, in June 2014.

At the same time, Dalia, in a petition for certiorari, asked the CA to stop authorities from arresting her by ordering the Quezon City court to lift the arrest warrant it issued against her.

Dalia, who is facing parricide charges, asked the CA to issue a temporary restraining order and later a writ of preliminary injunction enjoining respondents from implementing and executing the arrest warrant.

In her petition filed by her lawyers, Dalia asked that "after giving due course to this petition and after due consideration of the issues, this honorable court [should] render judgment... ordering the dismissal of [the murder case] for lack of probable cause."

Dalia claimed the findings of Quezon City Judge Luisito Cortez of the Regional Trial Court Branch 85 were not supported by facts and by the law.

"By holding that Dalia should stand trial, respondent judge is doing, or is suffering to be done, acts in violation of her constitutional rights to liberty and due process," read Dalia's petition.

Dalia maintained her innocence and expressed fear that having her arrested without bail would cause "irreparable damage... and anxiety of undergoing a public trial on baseless charges."

"Swayed by public opinion"

Dalia countered the prosecution's claim that she cannot seek affirmative reliefs from the court while she is a fugitive, saying the Supreme Court had ruled several times in the past that a person does not have to be arrested first before being allowed to seek judicial relief.

Dalia's camp accused prosecuting investigator Susan Villanueva of allowing herself to be affected by public opinion in recommending the filing of a parricide case against her.

"The prosecuting investigator seems to have been swayed by public opinion in the timid disposition of this case. Maybe she was gun-shy. Maybe she was afraid of the potential negative publicity against her of she dismissed a high-profile case at her level," read the petition.

Dalia's camp likewise said Judge Cortez was equally at fault.

"By allowing Dalia's flimsy indictment to push through and requiring her to prove her defense at a trial on the merits, respondent judge is essentially requiring Dalia to prove the absence of conspiracy, the absence of her complicity. In short, respondent judge is requiring Dalia to prove her innocence," read the petition.

Dalia said there is no evidence linking her to the crime, except for the statement of alleged hired gunman, former PO2 Edgar Angel, who said he was introduced to her by alleged mastermind and her alleged lover Domingo "Sandy" De Guzman on June 11, 2014, a day before the killing.

Dalia, in her petition, stressed that Angel had already retracted his two statements confessing to the crime.

Shooting

Enzo was shot dead by motorcycle-riding men in Quezon City on June 12 last year. At the time, he was driving a truck and stopped at the corner of Visayas Avenue and Congressional Extension Avenue when a gunman approached and shot him.

The victim was reportedly transporting a race car to Pampanga from Batangas when he stopped at a traffic light at 10 p.m. He succumbed to gunshot wounds in the head, neck and arms. Police recovered shells from a cal-.45 pistol from the crime scene.

Paolo Salazar, Enzo's companion who was hurt in the shooting, claimed Dalia had kept on calling her husband, asking him to take the route where they were attacked.

Enzo kin "horrified with disbelief"

Meanwhile, Enzo's family expressed disbelief over Dalia's petition.

"The Pastor family is horrified with disbelief of the Petition filed by Dalia for relief stopping the judge & police from taking effect the warrant of arrest against her," they said in a statement. "We are also Shocked with disbelief on the Petition filed by Atty. Rundain that his client Dalia will only come out when she is proven innocent."

Reacting to Dalia's petition, Enzo's father, Tomas Pastor, said their camp is already drafting a formal opposition to the petition.

Mr. Pastor, however, pointed out what he thought was "the most interesting page" in Dalia's petition, which is a verification and certification signed by Dalia herself and notarized in Davao City.

"Does this mean she was really in the country and faced and swore before the Notary Public in Davao City?" he asked. "Or can this be a forgery? Shouldn't the Notary Public have her arrested when she appeared before him? Isn't a Notary Public an officer of the court?" —KBK, GMA News