The prosecutor’s office issued the resolution on June 29, but it was released to the media only on Thursday.
It said the incident does not qualify for frustrated murder under Article 248 of the Revised Penal Code since it happened during a chance encounter when the guard moved close to the vehicle while he was directing traffic last June 5.
Metro Manila (CNN Philippines, August 25)— The Mandaluyong City Prosecutor’s Office has indicted Jose Antonio Sanvincente, the SUV driver who ran over a security guard near a mall in June, for frustrated homicide.
“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 said.
The indictment is a downgrade of the frustrated murder complaint filed by the Mandaluyong City Police against the driver.
The city’s police chief Gauvin Unos said they have nothing against the ruling, noting that prosecutors have the jurisdiction to determine the final case to be filed.
“The PNP is thankful that our effort was successful in seeking justice for the victim,” Unos said in a statement.
Meanwhile, local prosecutors also dismissed the charge for abandonment of the victim for lack of probable cause.
Sanvicente’s lawyer Danny Macalino previously said his client insisted he did not intentionally run over security guard Christian Floralde, who suffered serious injuries after he was hit by the car and left by the driver.
The Land Transportation Office has revoked Sanvicente’s driver’s license and the Department of Justice issued an immigration lookout bulletin against him.
