Hit and run case vs Fil-Indian withdrawn not dismissed

MANILA, Philippines - The complaints of reckless imprudence resulting in homicide, physical injuries and abandonment of one's own victim filed by the Makati City Police against Filipino-Indian businessman Rajiv Ramesh Dargani were not dismissed but were merely ordered "withdrawn" based on the recommendation of the investigating fiscal, Assistant City Prosecutor Estefano dela Cruz.

Makati Chief Prosecutor Feliciano Aspi said he approved Dela Cruz's recommendation to have the complaints withdrawn after Dargani's victims submitted affidavits of desistance.

In his one-page order dated May 21, 2013, Dela Cruz said the complaints against Dargani are considered withdrawn after victims Glenn Nacion and the relatives of Henrix Berbardo, who was killed, submitted affidavits of desistance. The affidavits, said Dela Cruz, are treated as motions to withdraw the complaints.

Aspi said the affidavits of desistance were attached in the complaint filed by the police.

Dargani figured in a hit-and-run incident along McKinley Road in Barangay Forbes Park last April 20.

Makati City Police chief, Sr. Supt. Manuel Lukban,  expressed surprise at the recommendation saying they have not withdrawn the complaints.

"What we  were really waiting for was the notification for the conduct of s preliminary investigation where we could present other evidence against Dargani," said Lukban.

Lukban added that the complainants in the case is the city police and not the families of Dargani's victims who have earlier desisted from pursuing the case and accepted monetary settlement from Dargani.

"We are the complainants here. The fiscal cannot use the affidavits of desistance by the victims and attach these to our complaint," he said.

Aspi defended the recommendation to have the complaints withdrawn saying the complaints filed by the police were "weak."

"The complaint cited witnesses but it did not include the affidavits of these witnesses. Also the complaint was filed by a police officer who does not have personal knowledge of the incident," he said.

Dargani is the president of Sunglass Hut Philippines, a retailer of top brand sunglasses.

Dargani was identified by witnesses as the driver of an Audi R8 that crashed into a motorcycle along McKinley Road at past 3 a.m.

Police said Dargani was driving along McKinley Road on his way home to Dasmariñas Village from the direction of the Bonifacio Global City when he allegedly overtook another vehicle and hit a motorcycle on the opposite lane.

Motorcycle driver Bernardo died on the spot while his passenger, Nacion Jr., was critically injured, police said.

Police said Dargani allegedly did not stop and instead drove to Dasmariñas Village. However, Dargani left the village and has not been seen since.

Relatives  of Dargani’s victims told police that they are not pursuing the case and have executed affidavits of desistance. Police however still filed the complaints before the Makati City Prosecutor's Office saying that Dargani still has to face criminal liability.

Aspi however said  he approved the recommendation to have the complaints withdrawn to allow the concerned parties - either the police or the victims or their families - to refile the complaints.

"The parties have the option of refiling the complaint later with all the supporting evidence and documents," he said.