The Mandaluyong City prosecutor has approved the filing of frustrated homicide of Jose Antonio Sanvicente, the driver of a sports utility vehicle who allegedly ran over a security guard last June 5.
In a four-page resolution, state prosecutor Bernabe Augustus Solis affirmed the recommendation of senior assistant city prosecutor Romualdo Francisco to indict Sanvicente for frustrated homicide, not for frustrated murder as earlier filed by the Philippine National Police (PNP) on behalf of the victim, 31-year-old security guard Christian Floralde.
The city fiscal also dismissed the PNP’s charge for violation of Article 275 of the Revised Penal Code (RPC) or abandonment of persons in danger and one’s own victim.
While the intent to kill was established, the resolution held that none of the qualifying circumstances for murder under Article 248 of the RPC existed in the case.
“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,” the resolution stated.
“The qualifying circumstance of “by means of 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 said.
In indicting Sanvicente for frustrated homicide, the city prosecutor considered the dash camera footage of a witness showing him traversing an intersection near a shopping mall in Mandaluyong.
The prosecutor said the footage showed the victim “moved in front” of the respondent’s vehicle.
Despite the human blockade, the prosecutor noted that Sanvicente continued to accelerate his vehicle until he rammed onto the victim, throwing the security guard on the ground.
However, Sanvicente steered his vehicle to the left side and put on speed, running over 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 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 noted.
“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 said.
It can be recalled that following the incident, the Land Transportation Office (LTO) permanently revoked Sanvicente’s driver’s license.