CEBU CITY — The Office of the Ombudsman on Saturday disclosed its intent to investigate possible procedural lapses by public officers in connection with the hit-and-run incident that led to the death of local businessman Kingston Ralph Cheng on 8 February in Barangay Banilad.
This was confirmed by Assistant Ombudsman Atty. Mico Clavano in a message to reporters.
Clavano said the Office of the Ombudsman has received numerous reports, communications, and public expressions of concern regarding the incident.
He added that in light of the volume and seriousness of these concerns, an investigation into possible procedural lapses by public officers is proper.
Clavano clarified that the allegations raised do not pertain to the criminal liability of the private accused, which remains within the jurisdiction of the trial courts. Rather, the concerns relate to the conduct of certain public officers in handling the case.
“Among the issues repeatedly brought to the attention of this Office are: the reported delay in the administration of alcohol or chemical testing under the Anti-Drunk and Drugged Driving Act; the alleged failure to immediately implement mandatory sobriety protocols; questions surrounding evidence preservation and documentation at the scene; and perceptions of preferential treatment in post-arrest handling.”
The Ombudsman official said these allegations, if substantiated, may give rise to administrative liability for neglect of duty, grave misconduct, or other violations of existing laws and regulations governing public officers.
Clavano assured that the investigation will be fair and objective, emphasizing that the main goal is to ensure that unnecessary accidents are prevented. He added, “Yet, if accidents of this nature happen, they must be handled properly.”
Earlier, the family of Cheng sought assistance from the National Bureau of Investigation-Central Visayas (NBI-7) regarding concerns over the “impact of the lack of field sobriety tests, alcohol breath analyzer, and chemical and drug tests on the potential filing of the case.”
They also requested NBI’s assistance in investigating the events that happened after the incident, especially those that may have adversely affected the full implementation of RA (Republic Act 10586) and its implementing rules and regulations,” the Cheng family said in a statement.
The family expressed concern that Sean Andrew Pajarillo, the driver of the vehicle that hit Cheng, tested negative for alcohol use after the incident.
Investigators said it took at least 18 hours before Pajarillo underwent a sobriety test, and that the result may have been affected by the delay.
Pajarillo was charged with reckless imprudence resulting in homicide. Since he tested negative for alcohol use, he was not charged with violation of Republic Act 10586 or the Anti-Drunk and Drugged Driving Act, which carries stiffer penalties. Pajarillo has posted P72,000 bail.