The proposed plea bargain deal in a high-profile hit-and-run case in Cebu has been firmly rejected, leading to a dramatic shift in legal proceedings. During the Pre-Trial and Arraignment Hearing held on February 20, 2026, the defense for 21-year-old Sean Andrew Pajarillo indicated a willingness to plead guilty, but under specific conditions that were ultimately dismissed by the camp of the victim, Kingston Ralph Cheng.
Defense Claims ADHD as a Factor, Prosecution Counters
Pajarillo's legal team offered to enter a guilty plea on the condition that the Cheng family accept claims that the accused did not resist arrest and suffers from mental health issues, specifically Attention-Deficit/Hyperactivity Disorder (ADHD). However, Terrence Fernandez, the lead legal counsel for the Cheng family, strongly opposed these assertions. Fernandez argued that ADHD does not qualify as an exempting circumstance under Philippine law and cannot be used to evade criminal liability.
Legal Basis for Rejection
Fernandez clarified that ADHD does not impair a person's ability to distinguish right from wrong, nor is it a direct cause of the incident. He emphasized that intoxication prior to the event was a more critical factor. Under Article 12 of the Revised Penal Code of the Philippines, exempting circumstances are limited to insanity, not conditions like ADHD, unless proven that the individual completely lost reason during the crime.
Furthermore, Fernandez contested the non-resistance condition, citing reports that Pajarillo attempted to escape twice. The Cheng family's legal team detailed the sequence of events: the initial collision with a Toyota Vios, Cheng's death on Paseo Saturnino, and the continued flight into Maria Luisa Subdivision, where Pajarillo tried to evade subdivision guards, covering up to 100 meters in one instance.
Shift to Not Guilty Plea and Additional Charges
Due to the rejection of these conditions, Pajarillo's lawyer filed a motion to plead "not guilty." In response, the Cheng family has escalated the legal battle by filing an additional complaint for refusal to render assistance under Article 275 of the Revised Penal Code.
Implications of New Charges
This second charge carries penalties of imprisonment and could result in a heavier sentence if Pajarillo is found guilty. Legal experts note that it may also disqualify him from probation eligibility. The case highlights the stringent application of criminal law in hit-and-run incidents, where factors like mental health claims are scrutinized against statutory exemptions.
The Regional Trial Court (RTC) - Cebu City Branch 17 has scheduled the first hearing for April 23, 2026, setting the stage for a contentious trial that will delve into the nuances of criminal responsibility and victim rights in the Philippines.
