MANDAUE City Councilor Carlo Fortuna is pushing for stricter adherence to the Philippine National Police (PNP) Standard Operating Procedure on road crash investigations, saying a traffic accident report must always be prepared to determine fault before any arrests are made.
According to Fortuna, a PNP memorandum requires traffic investigators to prepare a comprehensive report with five essential elements: what happened, when, who was responsible, why it happened, and how it happened.
“That will serve as the basis to determine who is at fault, who is responsible whether it is one motorist or both,” Fortuna said.
He said police must first conduct a proper investigation before apprehending anyone. “That is their basis on who will be arrested and who will be filed a case against.”
Motorists involved in crashes are required to appear before the Traffic Enforcement Investigation Section for questioning, unless they have died or are hospitalized.
During the investigation, police gather testimonies from the involved motorists and witnesses to reach a conclusion.
Fortuna said that if the deceased motorist is found to be at fault, the other driver should not be detained.
The official police investigation report then serves as the basis for prosecutors to determine probable cause and whether charges should be filed.
Fortuna stressed the importance of discipline and consistency in following these procedures, noting that such investigations do not have to be time-consuming.
"Cars that collide are immediately brought to the police station. Investigations there can be done in less than one hour," he said.
In cases where someone is wrongfully detained despite being innocent, Fortuna said they may be entitled to compensation. However, he noted that offending motorists are not entitled to receive compensation, even in cases of death.
"If the offender is the one who lost his life, I don’t think he will be receiving compensation at all," he said.
To ensure accuracy, investigators are required to secure a wide range of evidence, including witness testimonies, affidavits, motorist statements, and CCTV footage.
“They are required to gather everything,” Fortuna said. "All of that will be included and will serve as the basis for the traffic accident investigation report.” (ABC)