PNP: No Legal Basis To Detain, Compel SUV Driver To Take Alcohol, Drug Tests

Police have no legal grounds to detain Jose Antonio Sanvicente Jr., the owner of a sport utility vehicle (SUV) that ran over a security guard in Mandaluyong City on June 5, an official said on Thursday, June 16.

Sanvicente, 31, turned himself in to police on Wednesday, June 15, after over a week of hiding following the viral hit-and-run incident.

Responding to critics who are saying that Sanvicente is being treated with kid gloves, Philippine National Police (PNP) spokesperson Col. Jean Fajardo said their hands are tied since the court has not issued a warrant for the suspect’s arrest.

Fajardo also said Sanvicente could not be compelled to take alcohol and drug tests since police did not have any evidence that he was under the influence of alcohol or an illegal substance at the time of the incident.

“We want to inform the public, the PNP has no legal grounds to take the suspect into custody considering na wala pa namang warrant of arrest issued against him,” Fajardo said in an interview on dzBB.

During a press conference on Wednesday, Sanvicente’s mother said they decided to surrender him after PNP officer-in-charge Lt. Gen. Vicente Danao Jr. ordered police to apprehend the suspect.

Danao also floated that Sanvicente’s behavior indicated he could be a drug addict.

Case closed

Danao considered the case solved after Sanvicente surrendered to police.

Fajardo explained that Sanvicente is no longer a subject of warrantless arrest after a “considerable” time had lapsed from the time of the incident.

“Much as we wanted to take him into custody, ang problema matagal nang nangyari ang insidente,” she said.

Fajardo said Sanvicente’s lawyer, Danny Macalino, committed that his client would appear today, June 17, at the Mandaluyong prosecutor’s office for the preliminary hearing of the case.

The Mandaluyong police had filed charges of frustrated murder and abandonment of one’s victim under Article 275 of the Revised Penal Code against Sanvicente.

Drug test

Senate President Vicente Sotto III said the PNP should subject Sanvicente to a comprehensive drug test.

Sotto said under Republic Act No. 10586 or the Anti-Drunk and Drugged Driving Law, a driver of a motor vehicle involved in an accident resulting in the loss of life or physical injuries should be subjected to a drug test.

Fajardo said the PNP did not subject Sanvicente to a drug test as considerable time had lapsed after the incident.

Unlike other cases of vehicular accidents wherein those responsible are apprehended and required to undergo alcohol and drug tests, Fajardo said the situation is different with Sanvicente as he had fled the scene.

“We don’t have evidence na siya ay nakainom ng alak or lango sa droga dahil tumakbo siya,” she said.

Fajardo told “One Balita Pilipinas” on One PH on Thursday that Sanvicente did not surrender to authorities right away “out of fear.”

“Base po sa pahayag na binigay ng kanyang lawyer ay out of fear ay umalis nga po itong si Mr. Jose Antonio Sanvicente at hindi nga po nakipag-communicate sa kanila (Based on the statement given by his lawyer, Mr. Jose Antonio Sanvicente ran away out of fear and did not communicate with them right away),” Fajardo said.

Fajardo added that Sanvicente’s parents denied that their son was with them when authorities visited their home.

She noted the Sanvicente family got scared and did not know what to do, thus they came forward only last Wednesday.

“Natakot sila at hindi nila alam ang gagawin kaya ngayon lamang po sila lumutang dito sa Camp Crame,” the spokesperson explained.

Fajardo, however, admitted that Sanvicente only gave little details about what happened as his lawyer spoke on his behalf.

Read More: SUV Driver In Viral Hit-And-Run Surrenders

Fajardo said Sanvicente’s lawyer insisted that his client is not using any illegal drugs, and that they do not see any reason why the driver needs to take a drug test as the charges against him are not drug-related.

Sanvicente is set to appear before the Mandaluyong Prosecutor’s Office as he is facing charges of frustrated murder and abandonment of one’s victim under Article 275 of the Revised Penal Code. 

Security guard Christian Floralde said he would pursue the cases filed against Sanvicente even if the suspect had apologized for his actions.

“Hindi po ako papa-areglo. Itutuloy ko pa rin po ‘yung kaso para makamit ko ang hustisya,” he said in an interview on dzMM Teleradyo.

Floralde welcomed Sanvicente’s decision to surrender, saying it would be better to face him in court. – With Cecille Suerte Felipe