THE Court of Appeals has denied the appeal of Dalia Guerrero-Pastor to stop the enforcement of a arrest warrant against her issued by a Quezon City Regional Trial Court in March 2015.
This was in connection with the parricide case filed against her over the death of her husband, international race car driver Ferdinand “Enzo” Pastor.
In a 10-page resolution, the CA’s Seventh Division through Associate Justice Maria Elisa Sempio Diy found no basis to grant Dalia’s application for the issuance of a temporary restraining order enjoining her arrest.
“Dalia failed to satisfy all the requisites necessary for the issuance of injunctive relief. Dalia failed to establish that she has a clear and unmistakable legal right which ought to be protected. She also failed to persuade us that there is extreme urgency for the relief,” read the resolution.
The appellate court CA rejected Dalia’s assertion that the issuance of the arrest order against her was not supported by facts.
In her petition, Dalia argued that QC RTC Presiding Judge Luisito Cortez gravely abused his discretion in holding that probable cause exits despite the absence of evidence against her.
Aside from the two statements of the alleged gunman, former policeman Edgar Angel, Dalia said there is no other evidence that would show that she conspired with the latter and her alleged lover, Domingo “Sandy” de Guzman, in killing Pastor.
De Guzman has also been charged with murder in connection with Pastor’s death.
Dalia’s camp noted that Angel had already retracted his two statements after admitting that he was tortured and coerced into signing them.
