COMPOSITE image of SUV owner Jose Antonio Sanvicente and video clip of his RAV 4 hitting security guard Christian Floralde on June 5. FROM FILE PHOTOS
MANILA, Philippines — The Mandaluyong Prosecutors’ Office has downgraded from frustrated murder to frustrated homicide the case filed against Jose Antonio Sanvicente, the owner and driver of a sport utility vehicle (SUV) that was caught on video as it hit a security guard who was directing traffic outside a mall last June.
In a five page resolution, the prosecutor said despite the use of a motor vehicle which is among the qualifying circumstance for a case to be considered murder or frustrated murder, in this case, there was no initial intention to commit a crime by using the vehicle.
“The qualifying circumstance of “by means of motor vehicle” must pertain to an instance where the accused purposely sought or initially intended to commit a crime by employing such means,” read the resolution.
In this case, the prosecutor said what happened was only a chance encounter “after complainant (security guard Christian Floralde) placed himself in front of respondent’s vehicle.”
Meanwhile, the prosecutor also dismissed the complaint for abandonment of person in danger and one’s own victim for lack of probable cause.
“Anent the charge for violation of paragraph (2) of Article [275] of the Revised Penal Code, this Office finds the same diametrically opposed if not incongruent, to the findings of frustrated homicide. Evidently, respondent’s intent to eliminate complainant negates any regard to save or aid his ailing victim.
RELATED STORIES:
BREAKING: SUV owner involved in Mandaluyong hit-and-run case surrenders
No arrest for hit-and-run driver unless court issues order, rules state
Mom worries for son’s future following viral video of hit-and-run incident