THE Mandaluyong City Prosecutor’s Office has downgraded the charges against Jose Antonio San Vicente, the suspect in the viral hit-and-run incident involving a security guard in June.In a five-page resolution issued by the Mandaluyong Prosecutor’s Office on January 29, San Vicente was indicted for frustrated homicide instead of frustrated murder, which was initially filed against him by the Mandaluyong police.The court said the incident does not meet the qualifications for it to be considered frustrated murder, noting that the encounter between San Vicente and his victim Christian Joseph Floralde was accidental and that the element of “intent to kill” was not present.“While we do note that the crime may have been perpetrated with the use of a motor vehicle, the same does not necessarily qualify the offense to murder,” the order read.“The qualifying circumstance of ‘by means of a motor vehicle must pertain to an instance where the accused purposely sought or initially intended to commit a crime by employing such means. Such scenario, however, is utterly absent in the case at hand,” it added.The case for violation of the Article 275 of the Revised Penal Code or the abandonment of one’s own victim was also dismissed due to “lack of probable cause.”“Anent the charge for violation of paragraph (2) of the Article 274 of the Revised Penal Code, this Office finds the same diametrically opposed if not incongruent, to the findings of frustrated homicide,” it said.“Evidently, respondent’s intent to eliminate complainant negates any regard to save or aid his ailing victim,” it added.On June 5, Floralde was directing traffic behind SM Megamall when a Toyota RAV 4 driven by San Vicente, which he asked to stop, hit him.Floralde fell on the ground but instead of stopping, San Vicente sped off and ran over him.The Land Transportation Office (LTO) ordered the revocation of San Vicente’s driver’s license. He was also declared as perpetually disqualified from securing a driver’s license and driving a motor vehicle.The LTO issued its decision after San Vicente snubbed two show cause orders issued to him by the agency which gave him the chance to explain.Ten days after the incident, San Vicente surrendered to Camp Crame and apologized to Floralde.He said he panicked, which is why he left the scene. (SunStar Philippines)