CA upholds arrest order vs barangay chair in 2011 slay case

CA upholds arrest order vs barangay chair in 2011 slay case

By: - Reporter /
/ 05:50 AM November 22, 2024

The Court of Appeals (CA) has upheld the arrest warrant issued against Guia Gomez-Castro, a former barangay chair who has been wanted since 2019.

In a 16-page decision promulgated on Nov. 15, the court’s Third Division junked Castro’s motion to quash the arrest warrant issued by the Quezon City Regional Trial Court (RTC) in relation to the killing of police officer Roderick Valencia in 2011.

Castro specifically challenged two orders: the first from Quezon City RTC Branch 88, which denied her motion to quash, and the second from Branch 224, which denied her motion for reconsideration.

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The appellate court did not find any grave abuse of discretion by the lower courts in indicting her for murder and denying her motion to quash the arrest warrant.

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“Based on our assessment, there is nothing capricious or whimsical in the trial courts’ finding,” the Court of Appeals said in the ruling penned by Associate Justice Jaime Fortunato Caringal.

READ: Alleged Manila drug queen to face murder, drug raps

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The case stemmed from the death of Valencia, who was shot in Barangay Salvacion, Quezon City, in July 2011.

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The case remained unresolved until Ernesto Encarnado, who allegedly drove the motorcycle used in the killing, testified on Oct. 8, 2019, that Castro ordered a gunman identified only as “Alex” to kill the victim.

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On Sept. 29, 2020, the investigating prosecutor found probable cause to charge Castro with murder.

But in February 2021, she appealed the charges, arguing that the evidence presented was insufficient.

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She pointed out that the sole evidence against her was Encarnado’s sworn statement, which was made eight years after the alleged incident.

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In a hearing on March 5, 2021, Castro, through her lawyer, learned that a warrant of arrest had already been issued against her a month earlier.

Strong grounds

She then filed a motion to quash the arrest warrant, which was dismissed by the Quezon City RTC.

In dismissing her petition for certiorari, the appellate court ruled that Encarnado’s detailed statement provided “strong grounds” to establish probable cause.

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“He established a longstanding relationship with [Castro], citing their shared neighborhood and collaborative involvement in illegal drug activities. Crucially, he delivered a coherent and plausible narrative detailing Guia’s conspiracy to murder Valencia,” it said.

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TAGS: CA, Court of Appeals

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