A MANDAUE City councilor is set to summon the Mandaue City Police Office-Traffic Enforcement Unit (MCPO-TEU) to appear before the Sangguniang Panlungsod to clarify the basis and implementation of its policy on detaining drivers involved in vehicular accidents that result in injuries or death.
This is pursuant to a resolution filed by Councilor Carlo Pontico Fortuna, during the recent council session on Monday, July 14, 2025.
In an interview with the media, Fortuna cited reports that drivers of so-called “offending vehicles” are being immediately detained by police, regardless of who is actually at fault in the incident.
“I’ve seen in media reports where the vehicles that were hit or sideswiped end up with the driver detained, even if it’s the other party who caused the accidents. That’s why we need to clarify what that actual policy is,” said Fortuna in a mix of Cebuano and English.
Fortuna noted that in certain cases, it is the driver who was hit, not the one who caused the collision, who ended up being detained.
He stated that based on existing traffic procedures, a person is typically placed under custody whenever an accident results in injury or death.
Traffic rules
In many traffic incidents involving motorcycles and private vehicles, the driver of the four-wheeled vehicle is typically detained, especially when the motorcyclist sustains serious injuries or dies. Fortuna noted that such actions may be unfair to drivers who believe they acted within traffic rules and were not at fault.
“Usually, when it’s a motorcycle and a car involved, and that motorcyclist dies, it’s the car driver who gets detained. But is that always justified? We need to revisit that policy, if there really is one in place,” he said.
He also said that being detained is a serious consequence, and if the current practice is based on an outdated or unclear policy, it should be reviewed and possibly amended to ensure fairness and consistency in law enforcement.
The issue was brought to Fortuna’s attention by concerned individuals who claimed they were detained despite being the aggrieved party in the incident.
The City Council is set to invite the Traffic Enforcement Unit during its regular session on Monday, July 21, to clarify the legal procedures followed in such cases.
In response, MCPO spokesperson Police Lieutenant Colonel Mercy Villaro said they are open to attending the next regular session of the City Council to explain concerns regarding the enforcement of traffic rules related to such incidents. / CAV