THE Philippine National Police (PNP) said on Thursday, June 16, 2022, that there is no legal basis for them to take into custody the driver of the sports utility vehicle (SUV) who voluntarily surrendered 10 days after he ran over and abandoned his security guard victim in Mandaluyong City.
“Kaya po siya nakauwi kahapon (Wednesday) ay wala pong existing warrant of arrest para po sa kanya at nagsampa na po natin ang kaso, at ito pong kaso sa kanya ay hindi na po papasok doon sa mga instances wherein we could effect a warrantless arrest,” PNP Spokesperson Colonel Jean Fajardo said in a press conference.
(That's why he was able to be sent home yesterday (Wednesday) because he has no existing warrant of arrest and we have already filed the case, and this case against him will no longer be one of the instances where we could effect a warrantless arrest.)
“Meron na pong kaso na nai-file na po laban kay Mister Sanvicente. Noong June 6 po ay nagsampa na po ang Mandaluyong City Police Station ng kasong frustrated murder at abandonment of one’s own victim dahil nga po iniwan at tinakbuhan niya ‘yung kanyang sariling biktima. Wala na pong legal ground ang PNP para po ipasailalim sa aming kustodiya ang ating respondent dahil nga po tumatakbo na po yung legal process,” she added.
(A case has already been filed against Mister Sanvicente. On June 6, the Mandaluyong City Police Station filed a case of frustrated murder and abandonment of one’s own victim because he left and ran away. The PNP no longer has legal grounds to place our respondent in our custody because the legal process is already underway.)
Fajardo was referring to Jose Antonio Sanvicente, the driver who ran over security guard Christian Floralde who was directing traffic behind SM Megamall in Mandaluyong City on June 5.
Sanvicente surrendered to PNP officer-in-charge Lieutenant General Vicente Danao Jr. at Camp Crame together with his lawyer and parents.
He denied Danao’s accusations on Monday, June 13, that he is a drug user.
Asked if he will voluntarily submit himself for a drug testing, Sanvicente said he will seek first the advice of his lawyer.
His lawyer, for his part, said there is no legal basis for Sanvicente to undergo drug testing, which was echoed by Fajardo.
Following a press conference where he apologized for what had happened, the PNP allowed Sanvicente to walk home freely while his vehicle used during the incident was put on hold by the PNP Highway Patrol Group.
‘VIP treatment’
The PNP drew flak for what the netizens said was a VIP treatment to Sanvicente.
Danao was criticized for apparently defending Sanvicente after he said that he may have abandoned his victim out of fear that he is armed.
A photo where Danao and Sanvicente’s mother paid respect to each other, which apparently showed the culture of “padrino” in the country, also went viral.
Fajardo denied any links between Danao and the Sanvicentes.
Netizens noted the difference on how suspects are being treated based on their social status.
“Kapag mahirap nagnakaw ng bayabas kulong agad! (When a poor person steals a guava, police imprison them immediately.) What’s happening to our country, Mr. President?” outgoing Senate President Vicente Sotto III said in a tweet.
Sotto urged the PNP to review provisions of the Republic Act No. 10586 or the Anti-Drunk and Drugged Driving Law.
“PNP says they followed rules? Really? Bakit hindi niyo subject to drug test (Why don’t you subject him to a drug test)? RA 10586 says so! p!&@₱:/¥%#,” Sotto said in a separate tweet.
“Legal procedures? Then brush up on issue of illegal drugs. It takes weeks to clean up any trace of real dangerous drugs if you use a comprehensive drug test. Attn PNP spokesperson!” he added.
The preliminary investigation on the frustrated murder charges filed against Sanvicente in connection to the incident was set on Friday, June 17.
In a television interview, Floralde said he will pursue the charges filed against Sanvicente. (SunStar Philippines)