The Philippine justice system is incredibly broken. What better way to illustrate this fact than the recent story about an SUV driver who ran over a security guard. Let's take a look at the headlines in chronological order which tell the whole story.
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| https://newsinfo.inquirer.net/1607238/security-guard-intentionally-run-over-by-suv-in-mandaluyong |
A security guard sustained multiple injuries after a sport utility vehicle (SUV) he was trying to stop at an intersection in Mandaluyong City rammed him on Sunday.
Christian Joseph Floralde, in a viral dashcam footage posted on Facebook, was shown enforcing the traffic flow near a mall at the intersection of Julio Vargas Avenue and St. Francis Street in Mandaluyong when he tried to stop a white SUV.
The driver suddenly ran over him and fled the area, leaving Floralde down on all fours.The 31-year-old victim, who sustained an abrasion on the head and had difficulty in breathing, is currently in the intensive care unit of the VRP Medical Center.
The Mandaluyong City Police Station and the Land Transportation Office(LTO) have identified the driver, who was not named due to data privacy.
In a show-cause order, Renante Melitante, officer in charge of the LTO’s intelligence and investigation division, summoned the identified owner of the vehicle on Tuesday for “intentionally” hitting the traffic enforcer, which resulted in physical injuries.
The driver was also directed to submit a written comment or explanation on why he should not be charged for reckless driving and duty of driver in case of accident under Republic Act No. 4136.
Because of the gravity of the incident, the LTO said the drivers’ license was also preventively suspended for 90 days and his motor vehicle record will be placed “under alarm” to prevent any transaction while the investigation is in progress.
Right way in the first report of this story we can see the problems. The LTO had identified the driver but instead of issuing a warrant of arrest the LTO asked the driver "to submit a written comment or explanation on why he should not be charged for reckless driving." Incredible! They have this man on camera running over a security guard and instead of apprehending him he is asked to write an essay on why he should not be charged.
Later that same day the PNP said the driver MAY face frustrated murder charges.
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| https://www.philstar.com/nation/2022/06/07/2186705/driver-hit-and-run-guard-slapped-frustrated-murder-mandaluyong-pnp |
The driver behind the wheel of an SUV filmed running over a security guard twice may face frustrated murder and abandonment of one's own victim raps for his actions, the Philippine National Police in Mandaluyong City disclosed Tuesday.
Police Col. Gauvin Mel Unos, chief of Mandaluyong City police confirmed the development, per a report by CNN Philippines, adding that initial investigation showed reckless imprudence resulting in physical injuries as an initial charge.
According to Unos, the guard in question survived the incident in the viral video that has since gone viral on social media. He is also still the nominal complainant duly represented by his brother.
Here is another problem. The complainant should not be the victim. It should be the State. The State, the DOJ, the local District Attorney, should be the one to file charges against the driver. Instead of that the Philippines leaves it up to private prosecution which many people cannot afford and thus criminals go free.
The SUV driver remained at large for 10 days. During that time the PNP exhausted all their resources to bring this man to justice.
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| https://www.pna.gov.ph/articles/1176513 |
Philippine National Police (PNP) officer-in-charge Lt. Gen. Vicente Danao Jr. on Monday dared the driver of the sports utility vehicle (SUV) implicated in the hit-and-run of a security guard in Mandaluyong City to surrender to authorities.
"I challenge you, Mr. San Vicente. You do not want to surrender, right? It only means one thing, perhaps you are an addict. Why don’t you want to surrender? Because no person in his right senses will do that. You hit a person, and instead of stopping, you ran over the person," Danao said in a press briefing in Camp Crame.
He said criminal charges were filed against the owner of the SUV, registered under the name of Jose Antonio San Vicente.
PNP spokesperson Col. Jean Fajardo earlier said complaints of frustrated murder and abandonment of one’s own victim in violation of Article 275 of the Revised Penal Code were filed by the Mandaluyong police against the owner of the vehicle before the city prosecutor’s office.
“Remember, the PNP already filed the case against you and you take note that we are just waiting for the warrant (of arrest) to come out. I am giving you a fair warning,” Danao said.
Philippine National Police (PNP) officer-in-charge Lt. Gen. Vicente Danao Jr. says charges had been filed against the driver yet no warrant had been issued. Instead of sending his men to apprehend him he dared the man to surrender and accused him of being a drug addict. But it gets even better.
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| https://newsinfo.inquirer.net/1611076/pnp-to-suv-owner-in-mandaluyong-hit-and-run-show-proof-you-werent-driving |
he Philippine National Police (PNP) on Wednesday admitted having “no proof” that Jose Antonio Sanvicente, owner of the sport utility vehicle (SUV) that ran over a security guard in Mandaluyong, was driving the car during the incident.
However, the hit-and-run suspect has to show proof that he wasn’t the one driving the car that ran over Christian Joseph Floralde, who was directing traffic at the intersection of Julia Vargas Avenue and St. Francis Street last June 5.
“We have no proof that Mr. Sanvicente was the one driving the car, but we also have this registered owner rule,” PNP spokesperson Police Col. Jean Fajardo said over ABS-CBN News Channel’s Rundown.
Fajardo was referring to a legal principle of holding accountable the “registered owner of a vehicle whose operation causes injury to another.”
She said that while there is a presumption that Sanvicente was driving the SUV during the incident, it may be disproved “if the registered owner can present evidence that the vehicle involved in the case has been transferred to another person or there is someone driving other than him.”
Complaints of frustrated murder and abandonment of one’s victim have been filed against Sanvicente, and is currently under preliminary investigation.
The Land Transportation Office has also revoked his license after he failed to show up for two hearings that summoned him to explain the hit-and-run incident to the agency.
He was also “perpetually disqualified” from getting another driver’s license and driving a motor vehicle.
The Department of Justice (DOJ) Secretary Menardo Guevarra on Tuesday placed Sanvicente under the government’s Immigration Lookout Bulletin Order, which enjoins the Bureau of Immigration to monitor and inform authorities should the subject attempt to leave the country.
The order, however, does not legally bar him from departing the Philippines, according to the DOJ.
Now the PNP says they don't have any proof that the man they filed charges against was actually driving! The LTO shows they don't care about due process because not only have they revoked the man's license but they have barred him from ever getting a driver's license in the future. The DOJ put an immigration look out for the man but that order is toothless because it did "not legally bar him from departing the Philippines." What a circus!
Finally after 10 days the man surrendered. But instead of parading the man in handcuffs and exhibiting to the nation his mugshot the PNP had a press conference.
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| https://newsinfo.inquirer.net/1611505/hit-and-run-driver-apologizes-as-pnp-gives-him-media-time |
A 34-year-old man who was seen on a viral video driving a car and running over a security guard manning traffic close to a mall in Mandaluyong City finally presented himself on Wednesday to the police, who had been searching for him for the past 10 days after the hit-and-run.
Jose Antonio Sanvicente, accompanied by his parents and a lawyer, showed up at the Philippine National Police headquarters in Camp Crame, Quezon City, and apologized to security guard Christian Joseph Floralde.
Sanvicente was not locked up by the police and walked free from the police camp after a half an hour press conference with PNP officer in charge Lt. Gen. Vicente Danao Jr.
“My apologies for what happened. My apologies to Mr. Floralde and his family,” Sanvicente said, speaking through his face mask.
It was his lawyer, Danilo Macalino, however, who did most of the talking. Macalino explained that whatever statements made by Sanvicente during the press conference might prejudice the cases against him in connection with the June 5 incident.
On the part of the PNP, Danao said they considered the case “solved.” After his angry tirades against Sanvicente for hiding after the incident and suspecting him of being a drug addict without basis, Danao declined making further comments.
“So, we are now leaving to the prosecutor’s office and to the courts, to answer the matters at hand,” a calmer and composed Danao told reporters.
“We do not want to further comment because it might prejudice the results of the matter at hand,” he said.
Danao said that the police could no longer detain Sanvicente because the time for that had already lapsed.
The police charged Sanvicente with frustrated murder and abandonment of his victim.
The period during which an arrested suspect can be detained before he is booked for inquest for frustrated murder is 36 hours after the alleged crime.
What kind of twisted nonsense is this. If I had to guess I would say Sanvicente lawyered up immediately and was told to lie low until the time allowed to detain him without a warrant had passed. Then upon the advice of his lawyer he surrendered and let the lawyer do most of the talking. He also apologized and admitted he ran over the security guard!! He admitted to the crime and the PNP let him go! It is incredible that this man was charged with frustrated murder and was allowed to go free. Has the PNP not had enough time to get a warrant??
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| https://newsinfo.inquirer.net/1611804/pnp-official-admits-mandaluyong-hit-and-run-suspect-got-more-media-mileage-after-presser |
“I am with you on that,” Police Director for Operations Maj. Gen. Valeriano De Leon said in an interview on Teleradyo when asked about the observation of social media users that the PNP’s press conference appeared to have favored the suspect more than the victim.
De Leon claimed that was not the intention of the press conference, as the PNP merely wanted to present the suspect to the media.
Really? They only wanted to present the suspect to the media? Then what is this:
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| https://newsinfo.inquirer.net/1611360/mom-worries-for-sons-future-following-viral-video-of-hit-and-run-incident |
The mother of the sports utility vehicle driver who ran over a security guard in Mandaluyong City is fearing for her son’s future, as the now-viral incident may have a negative impact on his life.In a briefing in Camp Crame after the Toyota RAV4 owner Jose Antonio Sanvicente surrendered on Wednesday, his mother was asked about how the family felt after the incident was caught on a dashboard camera and went viral on social media.In response, Sanvicente’s mother said they lost sleep and appetite over the issue, claiming that it was blown out of proportion as it was only a mere road accident."Of course, we can't sleep, we can't eat, of course our son is involved, then he went viral, right? My child’s life will be ruined, is that what you want for your child for any parent? ” she asked.“My son is kind, what, he works, he’s a very responsible man. And I think this, it's really an accident, it just got bigger and bigger. And I feel so sad because what will happen to my son’s future, right? ” she added.According to Sanvicente’s mother, her son is a good person who apparently rattled when he “accidentally” bumped the security guard."My son is fine, who wants to run like that, of course he's already rattle," she said.
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| https://twitter.com/markrossimo/status/1537245524440469505 |
I think the problem runs much deeper. The man is obviously guilty. He was caught on camera and he admitted to the deed. However that was still not enough cause to arrest him on the spot when he surrendered. There is in fact no legal grounds to arrest him.
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| https://www.gmanetwork.com/news/topstories/nation/835085/no-legal-grounds-to-take-driver-in-mandaluyong-hit-and-run-incident-into-custody-pnp-spox/story/ |
The Philippine National Police (PNP) on Thursday maintained that there is no legal basis for them to take into custody the driver of the SUV involved in last week's hit-and-run incident in Mandaluyong City due to lack of a warrant of arrest.
In a Super Radyo dzBB interview, PNP spokesperson Police Colonel Jean Fajardo explained that it is beyond the control of the PNP should there be an out-of-court settlement between both parties.
The Philippine National Police (PNP) on Thursday maintained that there is no legal basis for them to take into custody the driver of the SUV involved in last week's hit-and-run incident in Mandaluyong City due to lack of a warrant of arrest.
(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.)
Despite the lack of a warrant of arrest, Fajardo stressed that Atty. Danilo Macalino already committed that suspect Jose Antonio Sanvicente will face the charges and answer the accusations against him during a hearing on Friday, June 17.
The law needs to be changed. Ten days is not "a considerable lapse of time." The 36 hour timeframe to arrest someone without a warrant should be amended especially in a case like this where the evidence is overwhelming. There was plenty of probable cause to arrest the man without needing a warrant. But on the other hand the PNP should have been able to secure a warrant within 10 days.
It should not matter if the perpetrator and victim come to a settlement. The State should step in and prosecute regardless. That is their job. Here is another recent hit and run case that ended in a death and yet the State is hesitating to prosecute.
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| https://mb.com.ph/2022/06/18/senior-citizen-killed-in-hit-and-run-involving-lawyer-in-bacolod/ |
A senior citizen was killed in a hit-and-run incident involving a lawyer on La Salle Ave. in Barangay Villamonte here Thursday, June 16.
Gohee said the driver of the sedan, believed to be a lawyer, based on the information from one of the rescuers, reportedly left the scene when the victim was brought to an ambulance.
On Saturday, June 18, Gohee said that a representative of the sedan driver informed the police that they are willing to meet the victim’s family on Monday, June 20, to discuss the incident.
Gohee said that police are letting the victim’s family decide if they want to pursue a case or have a settlement.
If the law was changed it falls on the PNP and the DOJ to act accordingly. In this case they did not even attempt to catch Sanvicente and when he finally appeared they treated him like he was on the Oprah Winfrey Show rather than as a criminal. Of course everyone gets the presumption of innocence but that presumption should not preclude the arrest of someone when probable cause is very high. The bottom line here is that this whole debacle shows just how broken the Philippine justice system is.
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