SUV driver indicted for frustrated homicide

The Mandaluyong City Prosecutor’s Office indicted for frustrated homicide sports utility vehicle driver Jose Antonio Sanvicente, who allegedly ran over a security guard last 5 June.

City Prosecutor Bernabe Augustus Solis, in a four-page resolution, approved the recommendation of Senior Assistant City Prosecutor Romualdo Francisco to indict Sanvicente for frustrated homicide and not for frustrated murder as earlier filed by the Philippine National Police on behalf of the victim, 31-year-old security guard Christian Floralde.

Also, the PNP’s charge for violation of Article 275 of the Revised Penal Code or abandonment of persons in danger and one’s own victim filed by PNP was dismissed by the city prosecutor.

While the intent to kill was established, the resolution held that none of the qualifying circumstances for murder under Article 248 of the RPC exist in the case.

“While we do note that the crime may have been perpetrated with the use of a motor vehicle (Toyota RAV 4), the same does not necessarily qualify the offense to murder,” the resolution read.

“The qualifying circumstance of “by means of a motor vehicle” must pertain to an instance where the accused purposely sought or initially intended to commit a crime by employing such means. Such scenario, however, is utterly absent in the case at hand considering the present controversy commended and escalated during a chance encounter after complainant placed himself in front of respondent’s vehicle,” it added.

The city prosecutor in indicting Sanvicente for frustrated homicide, took into consideration the dash camera footage of a motorist-witness showing him traversing an intersection near a shopping mall in Mandaluyong City.

The said footage according to the prosecutor showed the victim “moved in front” of the respondent’s vehicle.

The prosecutor said that despite the blockade, Sanvicente continued to accelerate his vehicle until he rammed onto the victim.

As a result, the security guard fell and was weakened on the ground.

Sanvicente though veered his vehicle to the left side and hastened its speed, trampling the victim with the right front wheel of his car.

“It would be amiss to state that respondent neither reduced velocity, halted, nor changed direction after the complainant was pinned by his vehicle. Respondent did not even express any regard for the complainant by stopping his vehicle and/or alighting therefrom to check on the victim,” the resolution stated.

“Worse, respondent impertinently sped away as if nothing happened and without due concern that he could still run over complainant with his rear tires,” it added.

Due to the incident, the Land Transportation Office revoked Sanvicente’s driver’s license and perpetually disqualified him from securing a driver’s license and driving a motor vehicle.

Leave a Reply

Your email address will not be published. Required fields are marked *