Top PNP lawyer:

PHILIPPINE National Police (PNP) Officer-in-Charge, Lieutenant General Vicente D. Danao Jr. was right in not ordering the arrest of the hit-and-run driver in Mandaluyong City since it would be against the law and would even be used by detractors of the force to malign and demean the organization had he sent the suspect to a lockup facility, the director of the PNP Legal Service said on Friday.

“I would say that I would support the PNP-OIC in his position. What we need to explain to the public here is that we have no reason to detain the suspect in the absence of a warrant of arrest and considering that there’s already a considerable lapse of time from the time the incident happened,” said Brigadier Gen. George L. Almaden.

“But although we have no ground to detain him, the fact that the suspect has surrendered following the PNP-OIC’s warning is a proof that first, we will not tolerate those who are hiding from the law, ‘yung mga nagtatago sa pananagutan sa batas, and second, that we will base our actions on legal grounds, one of which is the court order for him to be detained or committed to a lockup facility,” the top PNP lawyer told the Journal Group.

Almaden likewise said the public must also realize that through the effort of Danao, the accused was forced to surrender, accompanied by his parents and lawyer.

“We were also assured by the family and even their lawyer that they will be following any subpoena or any notice of hearing before the prosecutor’s office or the court. That only happened when Lt. Gen. Danao issued a strongly-worded statement on them last Monday,” Almaden said.

Other lawyers also cited the general rules in making warrantless arrest. They said that under in flagrante delicto arrests, a peace officer or a private person may, without a warrant, arrest a person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense, or when the persons is an escaped prisoner.

Lawyers said that the validity of warrantless arrest requires compliance with an “overt act test” in which two elements must occur: the person to be arrested must execute an overt act indicating that he/she has just committed, is actually committing, or is attempting to commit a crime; and second, such overt act is done in the presence or within the view of the arresting officer.

Those elements were absent in the case of the hit-and-run driver.

The PNP Legal Service director said he fully agrees with PNP spokesperson Colonel Jean Fajardo who first defended Danao’s action.

“Hindi puwedeng dahil nagpakita ‘eh idedetain na. ‘Yan nga ang inaayawan ng mga leftist groups. Pag walang warrant, wag i-detain at ‘yan ang gusto nating i-avoid. Everything we are doing here in the PNP is in accordance with the law. Those are the actions necessary to be undertaken at the moment,” he said.

Almaden said the public must likewise understand that since the accused has surrendered following an appeal from Danao, police already have direct communication lines with him and his family.

“That is already an assurance na hindi na tatakbo ito because we already have a communication line with them. Alam na namin kung saan siya nakatira at kung me directive ang court, say a warrant of arrest against him, we can easily find him to serve the legal order,” the official said.

Fajardo the other day emphasized that there was no legal basis to take into custody Jose Antonio Sanvicente due to lack of a warrant of arrest. The PNP spokesperson also explained that it is already beyond the control of the PNP should there be an out-of-court settlement between the Sanvicentes and security guard Christian Joseph Floralde.

“To inform the public, the PNP has no legal grounds to take into custody itong suspect considering na wala pa namang warrant of arrest na na-issue sa kanya. Hindi na po ito subject for warrantless arrest dahil there’s already a considerable lapse of time from the time na nangyari ‘yung insidente,” she said.

Fajardo said that the lawyer of the accused, Atty. Danilo Macalino, has already committed that the latter will face the charges against him in court. Sanvicente surrendered to Danao on Wednesday and apologized to the victim.

Macalino claimed that out of panic, his client fled after hitting the guard with his vehicle at the intersection of Julia Vargas Avenue and St. Francis Street in Mandaluyong City around 4 p.m. last June 6.

The local police charged him with frustrated murder and abandonment of one’s own victim.

Danao hurting over criticisms

The PNP-OIC is hurting over criticisms that he mishandled the case of Sanvicente, the Journal Group learned.

One of his critics, Senate President Vicente Sotto III was even quoted as saying on Twitter: “Kung nagnakaw ng bayabas ang mahirap kulong agad. What’s happening to our country Mr. President?”

However, lawyers said that critics of the top cop should clearly understand the rules of court specifically when it comes to making warrantless arrest.

It’s also a case of “damned if you do, damned if you don’t” here, said another official in defense of Danao.

“The PNP-OIC is being hit because he did not order the arrest of Sanvicente since it is against the law. However, he for sure will also be badly criticized by many groups specifically leftists and human rights organizations if he ordered Sanvicente jailed last Wednesday sans a warrant of arrest,” said the official.

Danao said he consulted with three lawyers when he decided against sending Sanvicente to jail on Wednesday.

However, the PNP-OIC ordered that the suspect’s SUV with plate No. NCO 3781 be temporarily impounded at Camp Crame.

Before he yielded to Danao, the Land Transportation Office (LTO) had already revoked the driver’s license of Sanvicente who twice ignored LTO summons for him to air his side regarding the viral incident.

It also turned out that the accused has been involved in other road infractions since 2010, prompting the Department of Justice to issue a hold departure order on him to prevent the latter from leaving the country.

Sanvicente is also “perpetually disqualified” from getting another driver’s license and driving a motor vehicle.