A MANDAUE City councilor is urging the Philippine National Police (PNP) and Congress to revisit the current traffic policy that allows for the immediate detention of drivers involved in vehicular accidents resulting in injury or death.
Councilor Carlo Pontico Fortuna argues that this practice may violate due process.
In an interview on Monday, July 21, 2025, Fortuna expressed concerns about how traffic enforcers and police often apply existing laws, leading to the automatic detention of drivers presumed to be at fault before a proper investigation is conducted. His concerns arose after reviewing road accident reports that frequently showed drivers being detained pre-investigation.
During the Mandaue City Council’s regular session on Monday, a closed-circuit television footage of a fatal road accident was shown. The incident, which occurred on July 15, resulted in the death of a 26-year-old female motorcycle passenger, after she was run over by a 10-wheeler truck.
The footage revealed that the motorcycle driver was attempting to lane-split and make a right turn toward a nearby hardware store when it collided with the truck — an apparent violation of traffic laws. The truck driver was immediately detained by police pending the filing of charges.
Fortuna questioned the fairness of this practice, emphasizing that detention should only occur after a thorough investigation determines whether negligence or recklessness occurred.
“Which I think is an unfair procedure because before you detain or arrest the driver, a pre-investigation should first be conducted to determine who was really at fault — whether there was actual negligence or if it was recklessness — before any detention takes place,” he said.
He added that, based on the footage, the motorcycle driver should also have been detained under the same charges as the truck driver.
“In the incident we saw, it was a solid lane — and it’s a major highway. So, we’re not supposed to cross it. But it’s clear in this case that the motorcycle did cross. Ideally, the motorcycle driver should also have been detained,” he explained.
During the same session, Lt. Col. Keith Allen Andaya of the Mandaue City Police Office-Traffic Enforcement Unit made a courtesy call and explained that the police operate based on the Rules of Criminal Procedure, specifically Rule 113, Section 5.
This provision allows for a warrantless arrest only under specific conditions, such as when a crime is committed in the presence of law enforcers or when there is probable cause that a crime has just been committed and the person arrested is likely responsible.
Andaya clarified that even under these rules, a preliminary investigation must still be conducted before establishing probable cause and proceeding with formal charges.
He added, “We are not the proper authority to decide. The proper authority to adjudicate is the court, sir — whether or not he was reckless or acting with due diligence while driving that motorcycle.”
While acknowledging this as a valid legal basis for filing charges, Fortuna argued that it does not justify the immediate arrest of a driver without due process, asserting that the current application of this rule often bypasses that crucial investigative step.
“I’m not trying to put any blame at all, but we’re just trying to ensure that there is fairness and justice. And of course, the bottom line is to make sure that everyone drives safely and responsibly,” Fortuna said. He added that the City might mandate a new local ordinance to ensure fairness and justice in the investigation of traffic vehicle accidents.
Meanwhile, Andaya urged drivers to observe due diligence when driving to prevent accidents. / CAV / JOHN MART MABALHIN, VSU INTERN