SUV driver in viral hit-and-run indicted for frustrated homicide

Mike Navallo, ABS-CBN News

Posted at Aug 25 2022 10:13 AM | Updated as of Aug 25 2022 11:33 AM

Jose Antonio Sanvicente is escorted by authorities as he emerges from the Hall of Justice in Mandaluyong City on June 23, 2022. Sanvicente appeared at the Mandaluyong Hall of Justice to submit his counter affidavit to a complaint filed by police regarding the hit-and-run incident involving a mall security guard last June 5, 2022 . Jonathan Cellona, ABS-CBN News
Jose Antonio Sanvicente is escorted by authorities as he emerges from the Hall of Justice in Mandaluyong City on June 23, 2022. Sanvicente appeared at the Mandaluyong Hall of Justice to submit his counter affidavit to a complaint filed by police regarding the hit-and-run incident involving a mall security guard last June 5, 2022 . Jonathan Cellona, ABS-CBN News

MANILA (UPDATE) — The SUV driver who ran over a security guard near a mall in Mandaluyong City last June has been indicted for frustrated homicide.

In a resolution made public Thursday, Mandaluyong Assistant City Prosecutor Jofre Andrion found there was probable cause to charge Sanvicente with frustrated homicide because there was “intent to kill” when he ran over security guard Christian Floralde on June 5. 

“It would not 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,” said the resolution dated June 29. 

“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 added. 

Driver in viral SUV hit-and-run indicted for frustrated homicide 1
Driver in viral SUV hit-and-run indicted for frustrated homicide 2

Driver in viral SUV hit-and-run indicted for frustrated homicide

Driver in viral SUV hit-and-run indicted for frustrated homicide

According to the prosecutor, the complainant’s chest and stomach area were compressed by the SUV and he suffered internal bleeding.

However, the charge of frustrated homicide is a lesser offense compared to the frustrated murder complaint initially filed by Floralde, who also included a complaint for abandonment of one’s own victim.

The prosecutor said there was no qualifying circumstance for murder as the vehicle was not “purposely” used to kill.

The prosecutor also junked the complaint for abandonment of one’s own victim, saying it is “diametrically opposed if not incongruent” to frustrated homicide charge because intent to kill “negates any regard to save or aid his ailing victim.”

The Mandaluyong City police filed the initial complaints against Sanvicente on June 6, a day after a video of him running over Floralde went viral on social media.

The Land Transportation Office (LTO) revoked Sanvicente's license and permanently banned him from getting another license and driving a vehicle. 

Prior to the viral hit-and-run incident, Sanvicente had been apprehended thrice for reckless driving in 2010, 2015, and 2016, LTO records show. 

It took Sanvicente 10 days before surrendering to police. 

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