No legal grounds to take driver in Mandaluyong hit-and-run incident into custody —PNP spox
The Philippine National Police (PNP) on Thursday maintained that there is no legal basis for them to take into custody the driver of the SUV involved in last week's hit-and-run incident in Mandaluyong City due to lack of a warrant of arrest.
In a Super Radyo dzBB interview, PNP spokesperson Police Colonel Jean Fajardo explained that it is beyond the control of the PNP should there be an out-of-court settlement between both parties.
“To inform the public, the PNP has no legal grounds to take into custody itong suspect considering na wala pa namang warrant of arrest na na-issue sa kanya. Hindi na po ito subject for warrantless arrest dahil there’s already a considerable lapse of time from the time na nangyari ‘yung insidente,” she said.
(To inform the public, the PNP has no legal grounds to take into custody the suspect considering that no warrant of arrest has been issued against him. He is also no longer subject to warrantless arrest because there’s already a considerable lapse of time from the time the incident happened.)
Despite the lack of a warrant of arrest, Fajardo stressed that Atty. Danilo Macalino already committed that suspect Jose Antonio Sanvicente will face the charges and answer the accusations against him during a hearing on Friday, June 17.
Sanvicente surrendered on Wednesday to the PNP and apologized to the victim, Christian Joseph Floralde, a security guard.
Macalino claimed that the suspect failed to help Floralde after hitting him with his vehicle out of panic.
Floralde was run over by a white SUV as he was trying to direct traffic at the intersection of Julia Vargas Avenue and St. Francis street in Mandaluyong City at around 4 p.m. on June 6.
Complaints for frustrated murder and abandonment of one's own victim have been filed against Sanvicente.
Despite Sanvicente denying allegations that he is a drug user, his lawyer said he has yet to advise him to undergo drug test as the charges against him are only traffic-related.
PNP officer-in-charge Lieutenant General Vicente Danao Jr., on the other hand, said they now consider the case as “solved” as complaints have been filed and the suspect himself has already surrendered.
Among the critics of the PNP's handling of Sanvicente's surrender was Senate President Vicente Sotto III.
“Kung nagnakaw ng bayabas ang mahirap kulong agad. What’s happening to our country Mr. President?” Sotto said on Twitter.
(If a poor man steals guavas, the police will detain him immediately. What’s happening to our country, Mr. President?)
The outgoing Senate chief also posted it in a tweet, apparently expressing his dismay over the special treatment to the hit and run suspect when the police presented him in a press conference.
“Please tell the PNP and the lawyer of the Hit and Run Run Over driver they must follow RA 10586, the Anti Drunk and Drugged Driving Law!” Sotto said.
GMA News Online has sought the Palace’s reaction to Sotto’s remark but acting Presidential Spokesperson Martin Andanar has yet to respond as of posting time.
PNP officer-in-charge Lieutenant General Vicente Danao Jr. and PNP spokesperson Police Colonel Jean Fajardo have yet to respond to GMA News Online when asked to react to Sotto’s statement. —with a report from Hana Bordey/KBK/NB, GMA News