The Department of Justice has issued an Immigration Lookout Bulletin Order to the vehicle that drove over a security officer in Mandaluyong City and has evaded the Land Transportation Office, directing immigration authorities to take note of, but not halt, his departure through airports and seaports.
The Justice Secretary, Menardo Guevarra, told reporters on Tuesday: “Yes, the DOJ has issued the ILBO at noon today.”
Following the request of the Philippine National Police as complainants, Mandaluyong City prosecutors requested the issuance of an order.
According to Prosecutor General Benedicto Malcontento, police have filed a frustrated murder case against Jose Antonio San Vicente, the registered owner of the SUV involved in the hit-and-run.
He stated that the complaint has been designated for preliminary inquiry and that the respondent’s counsel received the complaint on Monday. The preliminary inquiry might result in an indictment or the case being dismissed.
The complaint, in this case, the police, must “trigger the request” for an ILBO, according to Malcontento.
“We are awaiting for these procedural requirements,” He added.
“Ongoing crime”
PNP officer-in-charge Police Lt. Gen. Vicente Danao Jr. told DZBB on Tuesday that they want Vicente jailed since it is a “continuous crime.”
A warrantless arrest may be carried out only if the individual has committed, is now committing, or is attempting to commit an infraction; if a crime has just been committed; or if the person is an escaped prisoner. The footage of the hit-and-run has been widely circulated for many days.
In an earlier Philstar.com post, the Free Legal Assistance Group stated that the phrase “continuous” is designed for identifying the suitable venue or jurisdiction of a crime such as abduction and is intended for determining the proper venue or jurisdiction of a crime such as kidnapping.
To repeat, the viral dashcam clip posted on Facebook shows security officer Christian Joseph Floralde directing traffic on Julia Vargas Avenue and St. Francis Street when he was struck by a white Toyota RAV 4 registered to San Vicente. After the guard sank to his knees, the driver of the truck drove over Floralde again.
The motorist then accelerated away.
The 31-year-old security guard is still at the VRP Medical Center’s acute care unit in Mandaluyong. According to accounts, he suffered head injuries and shattered ribs.
San Vicente could not be prevented from departing
In this case, the probable ILBO will be issued by Justice Secretary Menardo Guevarra. However, unlike a court-issued hold departure order, this order cannot prevent a person from leaving the country.
The watch order simply establishes a system to notify the justice secretary or prosecutor general if the person seeks to flee the country.
Prosecutors in charge of the preliminary investigation of the complaint may also seek a Hold Departure Order as a precaution. This, like an HDO, can only be issued by a court.
A court can issue a PHDO if it considers that the person accused of a crime is likely to flee the country to avoid arrest and prosecution.
Meanwhile, the HDO is a court-granted tool that may be utilized against an accused—or anybody facing charges in court.
Vicente is still a respondent in a criminal complaint that is now being investigated.