Judge, fiscal told to explain inaction on actor’s case

MANILA, Philippines - The Court of Appeals (CA) has ordered a trial court judge and a prosecutor in Cavite to explain why actor Richard Gutierrez has not yet been arraigned in a criminal case filed against him in 2009.

Gutierrez is facing a homicide case for the death of his assistant, Nomar Pardo, in a car accident in Silang town in 2009.

The CA ordered Judge Jose Mendoza of Silang and Amadeo municipal courts, and Provincial Prosecutor Mary Jane Maranan to explain why Gutierrez has not been arraigned 15 months after it ordered the filing of the case against him.

Mendoza and Maranan were given five days from receipt of notice to explain why they should not be cited for contempt.

The CA has set a hearing on Nov. 18 on the motion filed by Pardo’s widow, Lorayne, asking the court to cite the judge and the prosecutor for contempt for their alleged inaction.

The order was penned by Associate Justice Stephen Cruz and was concurred by Associate Justices Magdangal de Leon and Myra Garcia-Fernandez.

Earlier, the CA reversed the resolutions released by the Department of Justice in March and May 2010 that junked Lorayne’s complaint of reckless imprudence against the actor.

The CA based its ruling on the traffic accident report submitted by the Silang police that belied Gutierrez’ claim that he was driving prudently when the accident happened.

Gutierrez attributed the accident to the slippery road. 

The CA also cited as proof the photographs showing the car in wrecked condition, noting that it confirmed that Gutierrez was driving at top speed.

Lorayne filed the criminal case against Gutierrez on July 23, 2009, two months after the accident.