CAUGHT ON DASHCAM | The security guard is shown being run over by this motorist in this screengrab of the dashcam footage. (Video courtesy of MIKO ANGELO RAMOS)
MANILA, Philippines — Both the victim of the viral hit-and-run incident in Mandaluyong City and the owner of the sports utility vehicle (SUV) will be asked to appear before the prosecutor for the preliminary investigation of the incident, the Philippine National Police (PNP) spokesperson said on Wednesday.
According to Police Col. Jean Fajardo, both camps would be asked to submit their side — the affidavit from the security guard and the counter-affidavit of the SUV owner, who has not surrendered to authorities and who failed to appear before the Land Transportation Office (LTO) hearings.
Fajardo, however, admitted that the lawyer of the SUV owner may appear in place of the latter.
“Sa ngayon under preliminary investigation pa rin po ‘yong kasong isinampa po natin doon sa registered owner ng SUV that was involved do’n sa hit-and-run nga involving ‘yong security guard,” Fajardo said in a briefing in Camp Crame.
“And anytime this week we expect po na mag-aappear po ‘yong ating biktima and hopefully ‘yong registered owner, if not ‘yong kanyang legal counsel to submit their counter-affidavit,” she added.
The PNP spokesperson said that only after that will the prosecutor be able to file the case — if there is probable cause. Then the Regional Trial Court branch where the case would be raffled can then issue an arrest order.
“And from there magsa-submit po if the prosecutor will find probable cause eh magpa-file po siya ng Information for the Regional Trial Court and once ma-file po ‘yong kaso sa trial court, it’s the court na po who will issue the warrants of arrest,” Fajardo explained.
Similarly, Fajardo clarified that the immigration lookout order issued by the Department of Justice (DOJ) would only be a means to monitor the SUV owner’s movements, as it is not a hold departure order that would bar people from leaving the country.
“Nag-submit na po tayo ng request sa DOJ for the inclusion of the registered owner for the immigration lookout bulletin order and yesterday, as far as the announcement po ng ating kagalang-galang na Secretary of the DOJ ay nag-issue na po sila ng immigration lookout bulletin order para po doon sa monitoring ng ating registered owner,” she noted.
“But let me reiterate na hindi po ito hold departure (order), this is for monitoring purposes, meaning, once ‘yon pong ating registered owner will attempt to leave or exit po ‘yong any of the ports po nationwide, our attention will be called and we will be notified by the Immigration that the SUV registered owner is attempting to leave the country po,” she added.
READ: Lookout Bulletin Order issued vs SUV driver that ran over a security guard
The Bureau of Immigration also made this clarification that the lookout order was only meant to monitor, as they cannot prevent the SUV owner from leaving the country without a court order or a warrant of arrest against him.
READ: Sans court order, SUV owner in Mandaluyong hit-and-run may still leave PH — BI
On Monday, the LTO announced that it has revoked the license of the SUV owner — identified as a certain Jose Antonio Sanvicente — after being found liable for reckless driving.
READ: LTO revokes driver’s license of SUV owner in Mandaluyong hit-and-run
It could be remembered that last June 5, a Toyota RAV4 bearing the plate number NCO 3781 was caught on a dashboard camera hitting and then running over a security guard managing the traffic flow along Doña Julia Vargas Avenue.
As a result, the victim sustained several injuries and had to be monitored at the intensive care unit.
READ: Security guard injured after hit-and-run incident in Mandaluyong
LTO also said that the SUV owner already incurred three previous infraction for reckless driving in 2010, 2015, and 2016
READ: Police sue driver in a hit-and-run incident in Mandaluyong