The suspect in a hit-and-run in Mandaluyong City skipped the first hearing of the preliminary investigation of the incident.
The suspect, Jose Antonio Sanvicente, driver of the SUV, has received a copy of the affidavit of security guard Christian Floralde, who was rammed and run over by the SUV while he was directing traffic at a mall last June 5.
Sanvicente’s legal counsel Atty. Danny Macalino confirmed the receipt of the said affidavit.
Macalino said Sanvicente was asked to submit a counter affidavit on June 23, when the next hearing is also slated, ABS-CBN News reported. The lawyer said his client has to appear during the next hearing to take his oath as he submits the counter affidavit.
Macalino added that he spoke with the camp of Floralde “in a very cordial manner”.
But Macalino clarified his client was not after any settlement with the victim.
Federico Biolena, the victim’s lawyer, said he was disappointed over Sanvicente’s absence, the report said.
“I hope so na nandito siya para makasumpa siya (I hope he’s here to take his oath). He cannot submit his counter affidavit without him being present in the Prosecutor’s Office,” Biolena said.
The first preliminary investigation on the complaints of frustrated murder and abandonment of one’s own victim filed against Sanvicente lasted over an hour.
Floralde declined to give interviews to members of media.
“The victim gave his sworn statement, and we submitted evidence to prove who was responsible for the crime,” Floralde, quoted by ABS-CBN News, said, adding that Sanvicente “has yet to make a formal to shoulder the cost of treatment for the guard’s injuries.”
Authorities earlier said there is no legal basis to take Sanvicente into custody due to the “lack of a warrant of arrest.”
The Philippine National Police (PNP) spokesperson Police Colonel Jean Fajardo earlier explained that “it is beyond the control of the PNP should there be an out-of-court settlement between both parties,” GMA News reported.
“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,” Fajardo, quoted in the report, said.
However, despite the lack of a warrant of arrest, Fajardo said Sanvicente will still face the charges and answer the accusations against him during a hearing on Friday, June 17, according to the suspect’s lawyer, Danilo Macalino.