The Mandaluyong City Prosecutor's Office on Thursday, Aug. 25, downgraded the frustrated murder raps filed against Jose Antonio Sanvicente, the owner and driver of the white Toyota Rav-4 that hit and ran over security guard Christian Floralde on June 5, to frustrated homicide.
According to the resolution issued on June 29, the Prosecutor's Office made the decision after it heard Sanvicente's defense and said there were no qualifying circumstances to consider the frustrated murder charge.
It also dismissed the abandonment of persons in danger and one's own victim complaint against the suspect due to lack of probable cause.
On June 7, Mandaluyong City Police Chief Col. Gauvin Mel Unos said that the police have filed the charges against Sanvicente after determining that the filing of frustrated murder charges was possible after a review of the video that went viral on social media.
In the said video, the 31-year-old security guard was rammed and ran over by Sanvicente while conducting the flow of traffic at the intersection of Julio Vargas Avenue and St. Francis Street. Floralde suffered fractured ribs and a head injury.
The preliminary investigation on the case was first held on June 17 where Floralde submitted his affidavit to the Prosecutor's Office.
Sanvicente, on the other hand, submitted his counter-affidavit on June 23 after skipping the first day of the preliminary investigation.
The Prosecutor's Office explained that the arraignment for the said case was supposed to be held on Wednesday, Aug. 24, but was suspended due to tropical storm "Florita."
It added that it will release a new schedule for the case proceedings.