The son of an influential family, who was involved in a hit-and-run incident last June 6 was indicted with a lower charge of frustrated homicide, not frustrated murder, because of the absence of “qualifying circumstances” in a resolution dated June 29 but released only yesterday.
In the absence of “qualifying circumstances” to indict Jose Antonio Sanvicente—the- hit and- run SUV driver who left an injured mall guard on the road in June—Mandaluyong Assistant City Prosecutor Jofre Andrion, in a resolution dated June 29 but released only Thursday, recommended only the filing of frustrated homicide.
Citing the facts presented during the preliminary probe, Andrion said Sanvicente’s “incessant actions, before, during and after the accident despotically showed intent to kill the victim.”
The prosecutor, however, said Sanvicente should only be indicted for the lesser offense of frustrated homicide, noting the incident was a “chance encounter.”
“While we do note that the crime may have been perpetrated with the use of a vehicle, the same does not necessarily qualify the offense to murder,” CNN Philippines cited the resolution.
Andrion explained that the circumstance of “by means of a motor vehicle” must pertain to an instance wherein the respondent purposely sought or initially intended to commit a crime by employing such means.
“Such scenario, however, is absent in the case, considering the controversy commenced and escalated during a chance encounter after the complainant placed himself in front of the respondent’s vehicle,” Andrion’s resolution read.
The prosecutor said Sanvicente’s reason for escaping for fear of being beaten by armed security guards and the public “deserved slight consideration in the absence of a compelling evidence.”
Andrion also dismissed for lack of probable cause the complaint for abandonment of a victim under Article 275 of the Revised Penal Code filed against Sanvicente by the Mandaluyong police.
According to a police report, Sanvicente’s SUV hit security guard Christian Joseph Floralde, who was directing traffic at an intersection in front of a mall in Barangay Wack-Wack on June 5.
A viral video showed that Sanvicente’s vehicle ran over Floralde, who was then lying on the ground.
The city's police chief Gauvin Unos said they have nothing against the ruling, noting that prosecutors have the jurisdiction to determine the final case to be filed.
"The PNP is thankful that our effort was successful in seeking justice for the victim," Unos said in a statement.
Meanwhile, local prosecutors also dismissed the charge for abandonment of the victim for lack of probable cause.
Sanvicente's lawyer Danny Macalino previously said his client insisted he did not intentionally run over security guard Christian Floralde, who suffered serious injuries after he was hit by the car and left by the driver.
The Land Transportation Office has revoked Sanvicente's driver's license and the Department of Justice issued an immigration lookout bulletin against him.
An insider said Sanvicente was supposed to be arraigned before the Mandaluyong Regional Trial Court Branch 213 last Wednesday, but government work was suspended due to Tropical Storm Florita.
The Land Transportation Office has perpetually disqualified Sanvicente from securing a driver’s license after he was found guilty of reckless driving due to the incident and two other incidents before that.
Tags: #SUV, #hitandrundriver, #mallguard, #downgradeofcharge