Mandaluyong prosecutors indict hit-and-run suspect for frustrated homicide

The Mandaluyong City Prosecutor's Office on Thursday recommended the indictment of the suspect in the hit-and-run incident involving a security guard for frustrated homicide instead of frustrated murder.

In a 5-page resolution posted by Super Radyo dzBB’s Mark Makalalad, the  prosecutors said sufficient cause exists to indict Jose Antonio Sanvicente for frustrated homicide.

“Anent the charge for violation of paragraph (2) of the Article 274 of the Revised Penal Code, this Office finds the same diametrically opposed if not incongruent, to the findings of frustrated homicide,” it said.

“Evidently, respondent’s intent to eliminate complainant negates any regard to save or aid his ailing victim,” it added

BREAKING NEWS: Kaso ng SUV driver na nanagasa ng security guard sa Mandaluyong City kamakailan, ibinaba ng piskalya sa frustrated homicide mula sa frustrated murder. | via @MMakalalad pic.twitter.com/96LU5QdPRs

— DZBB Super Radyo (@dzbb) August 25, 2022

On June 6, victim Christian Joseph Floralde was run over by an SUV as he was trying to direct traffic at the intersection of Julia Vargas Avenue and St. Francis Street in Mandaluyong.

Sanvincente was later charged with frustrated murder and  Abandonment of One's Own Victim or  Violation of Article 275 of the Revised Penal Code.

However, the prosecutors said none of the qualifying circumstances for murder under Article 248 of the Revised Penal Code, as amended, may be appreciated.

“While we do note that the crime may have been perpetrated with the use of a motor vehicle, the same does not necessarily qualify the offense to murder,” it said.

“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,” it added.

The prosecutors also dismissed for lack of probable the charge of abandonment of persons in danger and one’s own victim.

GMA News Online has sought the comment of Atty. Danilo Macalino, Sanvicente's lawyer, but has yet to receive a reply as of posting time.

But on June 15 upon his surrender, Sanvicente apologized to Floralde for the incident. His camp also said they will shoulder the therapy expenses of Floralde.

“My apologies sa nangyari. My apologies kay Mr. Floralde at sa kanyang pamilya (my apologies for what happened, to Mr. Floralde, and his family),” he said.

Floralde has since accepted the apology of Sanvicente, but vowed to pursue his complaint against the latter. — Joahna Lei Casilao/RSJ, GMA News