The SUV driver involved in a hit-and-run incident near a shopping mall in June has been indicted for frustrated homicide by the Mandaluyong City prosecutor’s office.
SUV driver Jose Antonio Sanvicente is facing charges of frustrated homicide [Image: Philippine News Agency]
According to a 5-page resolution dated June 29 but released on Aug. 25, the prosecution said it found probable cause to indict Jose Antonio Sanvicente for hitting security guard Christian Joseph Floralde.
“It would not be amiss to state that respondent neither reduced velocity, halted, nor changed direction after complainant was pinned by his vehicle. Respondent did not even express any regard for complainant by stopping his vehicle and/or alighting therefrom to check on the victim,” the resolution read.
“Having established intent to kill, sufficient cause therefore exists to indict respondent for frustrated homicide,” it added.
Floralde was directing traffic at this intersection when he was struck by the SUV
Mandaluyong City police initially filed charges of frustrated murder and violation of Article 275 (2) of the Revised Penal Code against Sanvicente. However, the prosecutors downgraded the charge to frustrated homicide, noting that the case did not necessarily involve murder.
“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,” they said. The complaint for violation of Article 275 (2) was also dismissed as prosecutors said it was “diametrically opposed” to the findings of frustrated homicide.
Dashcam footage showed Sanvicente using his SUV to strike Floralde as the latter was directing traffic along Julia Vargas Ave. and St. Francis Street on June 5. After the guard dropped to the ground from the initial impact, the vehicle ran over him again on the chest before speeding away from the scene.
The LTO has already revoked Sanvicente's driving license
Suffering from internal bleeding and broken bones, Floralde was rushed to the hospital, where he remained in intensive care before eventually being discharged. The Land Transportation Office (LTO) revoked Sanvicente's driver's license after multiple show-cause orders issued to his camp went unanswered.
Sanvicente surrendered to authorities on June 15, 10 days after the incident, publicly apologizing to Floralde and promising to shoulder the guard’s therapy expenses. Despite accepting the apology, Floralde vowed to pursue the case.
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