MANILA, Philippines — The Mandaluyong prosecutor’s office has downgraded the frustrated murder case filed against the driver of a sport utility vehicle (SUV) accused of running over a security guard in the city in June.
In a five-page resolution dated June 29 but released to media only yesterday, Assistant City Prosecutor Jofre Andrion said that based on evidence, there were no “qualifying circumstances” to indict Jose Antonio Sanvicente for murder.
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,” the resolution read.
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.
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. – Romina Cabrera