MANILA - The Department of Justice (DOJ) recommended the filing of criminal charges against Domingo "Sandy" De Guzman, one of the alleged masterminds in the killing of international race car driver Enzo Pastor, for illegal possession of firearms.
In a 7-page inquest resolution dated August 29, the DOJ ruled that there is probable cause to charge De Guzman in court for violations of Republic Act (RA) No. 10591, also known as An Act Providing for a Comprehensive Law on Firearms and Ammunition.
The resolution was issued by Assistant State Prosecutor Susan Villanueva, and approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and Prosecutor General Claro Arellano.
Policemen seized a caliber 45 pistol and 7 live ammunition, and a caliber 9mm pistol with 10 live ammunition, from De Guzman on August 26 during an entrapment operation.
De Guzman reportedly failed to present any document authorizing him to carry the firearms.
The entrapment operation was staged after P02 Edgar Angel, who confessed to killing Pastor, identified De Guzman and Pastor's wife, Daliah, as the brains behind Pastor's killing.
"It must be emphasized that the firearm was seized from respondent De Guzman when, in plain view, the policemen saw it tucked into his waist... When asked to produce the documents to show his authority to carry the said firearms, respondent failed to present/produce any.
"Thus, notwithstanding the absence of a Search Warrant, the policemen may validly seize the firearm and the same is inadmissible in evidence against respondent De Guzman pursuant to the 'plain view doctrine' and effect a valid warrantless arrest against his person," the resolution read.
The charges against De Guzman for murder and frustrated murder will undergo preliminary investigation; these may not be subjected to inquest proceedings because Pastor was gunned down last June 12.
The charges against Daliah Pastor for parricide and frustrated murder will also undergo preliminary investigation.
The preliminary investigation hearings are set on September 9 and 16, at 2 o'clock in the afternoon.
De Guzman and Daliah Pastor are subject of an Immigration Lookout Bulletin Order (ILBO) issued by Justice Secretary Leila De Lima last Aug. 29.