By Rey Panaligan
The Court of Appeals (CA) did not stop the Quezon City regional trial court (RTC) from implementing its arrest order issued in March, 2015 against Dalia Guerrero-Pastor, who was charged with parricide for the death of her husband Ferdinand “Enzo” Pastor, an international race car driver.
In a resolution written by Associate Justice Maria Elisa Sempio Diy, the CA did not grant the plea of Mrs. Pastor for a temporary restraining order (TRO) or a writ of preliminary injunction against her arrest.
Mrs. Pastor claimed the arrest order was not supported by facts and the law, and that the trial court abused its discretion in resolving that there was probable cause against her despite absence of evidence.
“In the case before us, 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,” the CA said.
It said Mrs. Pastor’s allegations in her plea for TRO are yet to be determined considering that the same are intertwined with the main issues raised by her in her petition.
“We cannot make any pronouncement that would preempt the merits of the main case. The prevailing rule is that courts should avoid issuing a writ of preliminary injunction that would in effect dispose of the main case without trial,” the CA ruled.
Mrs. Pastor has been in hiding since the case was filed against her with the Department of Justice (DOJ).
Enzo Pastor was shot to death three years ago at the corner of Congressional and Visayas Avenues in Quezon City while on his way to attend a car racing competition in Pampanga.