Mandaue Metropolis Councilor Carlo Fortuna. CDN Digital File Photograph
MANDAUE CITY, Cebu – The Mandaue Metropolis Council has authorized on second studying a proposed ordinance that goals to guard motorists from being arrested after visitors accidents with out correct investigation.
Draft Ordinance No. 29-2025 is authored by Councilors Carlo Fortuna and Anjong Ouano-Icalina. It’s titled “An Ordinance Prohibiting Arrest or Detention of Motorists Concerned in Visitors Accidents Leading to Harm or Demise With out Prior Investigation, Offering Penalties Therefor, and for Different Functions.”
The council handed the measure on second studying throughout its common session on Monday, September 1. It’s scheduled for third and ultimate studying subsequent week.
Councilor Atty. Carlo Fortuna emphasised the necessity for equity in dealing with visitors incidents. He cited experiences that some motorists have been arrested on the scene even earlier than duty was decided.
“There have been circumstances the place drivers are detained even when it’s not but clear who was at fault,” Fortuna mentioned.
“We’re urging the police to conduct a full investigation first and base any arrest on clear findings.”
Beneath current Philippine Nationwide Police (PNP) normal working procedures, visitors investigators should put together a Visitors Accident Investigation Report (TAIR) after each street crash. The report particulars what occurred, when and the place it occurred, who was concerned, and the way it occurred.
Fortuna mentioned the TAIR ought to function the idea for figuring out legal responsibility. This may also information whether or not an individual needs to be detained or charged.
“Earlier than any arrest is made, the police should first full their investigation,” he mentioned. “The TAIR ought to clearly state who’s accountable. Solely then can authorities decide if there may be possible trigger for arrest or the submitting of prices.”
He added that motorists concerned in accidents are required to look earlier than the Visitors Enforcement Investigation Part. Right here, investigators collect statements from drivers and witnesses. Proof corresponding to CCTV footage and sworn affidavits can be collected.
In circumstances involving demise or severe damage, Fortuna clarified that if the sufferer was at fault, there is no such thing as a authorized foundation to arrest the opposite driver.
“That is about guaranteeing due course of. If an individual is wrongfully detained once they’re not at fault, they might have grounds to hunt compensation,” he added.
The ordinance, he mentioned, reinforces current nationwide procedures. It additionally urges native regulation enforcement to strictly comply with them in each traffic-related incident.
Police Lieutenant Colonel Kieth Allen Andaya, head of the Visitors Enforcement Unit of the Mandaue Metropolis Police Workplace, mentioned on Tuesday, September 2, that investigators put together correct documentation for every case.
“Naa gyud nay report. Earlier than sa submitting, naa man nay preliminary report, progress report, unsay primary nga nakuha nga info proper after [the incident]. Kung mofile na ta og kaso, naa na na. Common man na nga trabaho, naa na ig file nimo og kaso ba half na sa mga ipresent nga mga paperwork. Dili unhappy na dawaton sa prosecutor’s workplace og wala na ang needed experiences. As in, walay nawala or gi-omit nato,” Andaya defined.
(There may be at all times a report. Earlier than submitting, there may be an preliminary report, a progress report, and the fundamental info gathered proper after the incident. If we file a case, it’s already included. That may be a common a part of our job—whenever you file a case, these paperwork have to be introduced. The prosecutor’s workplace is not going to settle for it with out the mandatory experiences. Nothing is lacking or omitted.)
He declined to reply additional questions.
Fortuna responded to Andaya’s earlier assertion throughout a earlier council session. The officer mentioned that figuring out fault is just not the duty of the police however of the courtroom.
“I don’t assume it was right for the useful resource individual to say that it’s not their duty. It’s their duty. That’s why there may be investigative work within the police,” Fortuna mentioned.
“All crimes have investigators who decide whether or not a criminal offense has been dedicated and who could also be accountable. You can’t go that on to the fiscal. The prosecutor prosecutes based mostly on the proof gathered by police and the grievance filed by the investigators. How will you file a grievance whenever you didn’t conduct a correct investigation? The result of the case will depend on the proof supplied by the police.”
Fortuna clarified that the ordinance doesn’t create a brand new course of. It solely displays what’s already required beneath PNP procedures.
“Truly, the ordinance is just not making one thing new. It’s simply mirroring what the PNP normal working procedures already require,” he mentioned.
He added that he proposed the measure after receiving a number of complaints from motorists. Some drivers have been jailed even when they weren’t at fault within the accident.
“There have been situations the place drivers whose automobiles have been hit have been nonetheless imprisoned, just because the opposite celebration was injured or died,” Fortuna mentioned.
As a significant entry level to Metro Cebu, Mandaue Metropolis data a number of visitors accidents each day. Fortuna mentioned this highlights the necessity for constant and honest dealing with of such circumstances.
RELATED STORIES
Mandaue tackles free parking, pretend PWD IDs in public listening to
Mandaue: PWD-friendly measures, anti-fake ID ordinance handed on first studying
Learn Subsequent
Disclaimer: The feedback uploaded on this web site don’t essentially signify or mirror the views of administration and proprietor of Cebudailynews. We reserve the appropriate to exclude feedback that we deem to be inconsistent with our editorial requirements.
