PNP: No warrant of arrest yet for viral hit and run SUV driver

Philippine National Police (PNP) insisted on Thursday, 16 June that there is no legal basis for them to take the hit and run suspect, Jose Antonio Sanvicente into custody due to the lack of a warrant of arrest.,In an interview with the PNP spokesperson Police Colonel Jean Fajardo, she said that the suspect cannot be considered for warrantless arrest because there’s already a considerable lapse of time from when the incident happened.,“The police lost their opportunity to arrest him immediately under the “hot pursuit” exception after he ran over the traffic enforcer,” criminal law professor, Ted Te said in a tweet.,PNP officer-in-charge Lieutenant General Vicente Danao Jr. said that they consider the case now as “solved” as complaints have been filed and the suspect himself has already surrendered.,Sanvicente “surrendered” himself together with his mother and lawyer on Wednesday to the PNP and apologized to the security guard he ran over, Christian Joseph Floralde.,Te on the same tweet however said that it’s not a “surrender” when the driver surfaces to hold a press conference since no charges are pending in court and no warrant has been issued.,,Fajardo, on the other hand, explained that it is beyond the control of the PNP should there be an out-of-court settlement between both parties.,“Could the driver have been arrested though even without a warrant? Yes, under the exception in R113, s5b if it was done immediately, or a reasonable time shortly, after the frustrated murder,” said Te in another tweet.,,Under R113 in the Rules of Court, section 5b specifically cites that warrantless arrest is possible when there is probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.,Sanvicente was charged with frustrated murder and abandonment of one’s own victim.,Sanvicente’s lawyer, Atty. Danilo Macalino, in the press conference on Wednesday, admitted that Sanvicente failed to help Floralde after hitting him with his vehicle out of panic.,Macalino also commented that Sanvicente will face the charges and answer the accusations against him at a hearing on Friday, 17 June.,The suspect, bearing a white SUV ran over and left Florande, who was directing traffic at the intersection of Julia Vargas Avenue and St. Francis Street in Mandaluyong City at around 4 p.m. on 6 June.