An official of the Office of the Ombudsman on Saturday said the agency intends to investigate possible procedural lapses by public officers in connection with the hit-and-run incident that led to the death of Cebu-based businessman Kingston Ralph Cheng on 8 February in Barangay Banilad, Cebu City.
Assistant Ombudsman Atty. Mico Clavano said the office has received numerous reports, communications and public expressions of concern regarding the incident.
“In light of the volume and seriousness of these concerns, an investigation into possible procedural lapses by public officers is proper,” Clavano told reporters.
He clarified that the allegations do not involve the criminal liability of the private accused, which remains under the jurisdiction of the trial courts. Instead, the probe will focus on the conduct of certain public officers in handling the case.
Among the issues raised, Clavano said, were the reported delay in administering alcohol or chemical tests under Republic Act 10586, or the Anti-Drunk and Drugged Driving Act; the alleged failure to immediately implement mandatory sobriety protocols; concerns over evidence preservation and documentation at the scene; and perceptions of preferential treatment in post-arrest procedures.
He said that if substantiated, these allegations could result in administrative liability for neglect of duty, grave misconduct, or other violations of laws and regulations governing public officials.
Clavano assured the public that the investigation would be fair and objective.
“Our goal is to ensure that incidents like this are prevented. But if accidents of this nature happen, they must be handled properly,” he said.
Earlier, Cheng’s family sought assistance from the National Bureau of Investigation–Central Visayas over concerns about the impact of the absence of field sobriety tests, alcohol breath analyzer results and chemical and drug tests on the possible filing of charges.
In a statement, the family also asked the NBI to look into events that occurred after the incident, particularly those that may have affected the full implementation of Republic Act 10586 and its implementing rules and regulations.
The family expressed concern that Sean Andrew Pajarillo, the driver of the vehicle that hit Cheng, tested negative for alcohol use. Investigators said it took at least 18 hours before Pajarillo underwent a sobriety test, raising questions about whether the delay affected the results.
Pajarillo has been charged with reckless imprudence resulting in homicide. Since he tested negative for alcohol use, he was not charged with violating Republic Act 10586, which carries stiffer penalties. He has posted P72,000 bail.