THE policy that requires the immediate detention of drivers involved in vehicular accidents that cause injury or death needs to be amended.
This was the call of Mandaue City Councilor Carlo Pontico Fortuna, as he pushed for a review of such national policy, citing concerns over due process.
Fortuna, during the regular session of the Mandaue City Council on Monday, July 21, 2025, said he believes that the current practice of detaining drivers without proper investigation violates their rights.
Police Lieutenant Colonel Keith Allen Andaya of the Mandaue Traffic Enforcement Unit explained the existing procedures during his courtesy call at the City Council on Monday.
Traffic enforcers currently act under Article 365 of the Revised Penal Code, which pertains to reckless imprudence, and Rule 113, Section 5 of the Rules of Criminal Procedure, allowing warrantless arrests under specific conditions.
Fortuna pointed out, however, that police often skip the crucial investigative phase, which leads to immediate arrests even when authorities have not clearly established fault or negligence.
The current policy, according to Fortuna, frequently results in the automatic detention of drivers presumed to be at fault.
He said this undermines fairness.
Fortuna then called on the Philippine National Police and Congress to revisit and potentially revise these national rules to ensure that while public safety is maintained, drivers' due process rights are also protected in Mandaue City and nationwide. (CAV)