'Reverse victimization'

The Mandaue City Council on Monday, July 21, invited the Traffic Enforcement Unit (TEU) of the Mandaue City Police Office (MCPO) to clarify its policies on the detention or arrest of drivers involved in vehicular accidents that result in death or injury, according to a report from The FREEMAN.

- Atty. Ian Vincent Manticajon [e-mail]

In a resolution authored by Mandaue City Councilor Carlo Fortuna, he raised concerns that drivers of vehicles that were hit are often the ones being detained. This, he noted, naturally leads to confusion among ordinary observers, as the driver of the vehicle that was struck ends up being arrested if someone is hurt or killed in the incident.

Fortuna, a lawyer, expressed concern that the policy may violate the principle of due process, particularly when drivers are arrested before fault is clearly determined, according to a report by CDN Digital. In the same report, Police Lieutenant Colonel Kieth Allen Andaya, head of TEU-MCPO, explained during the City Council session last Monday, that “under Rule 113 of the Rules of Criminal Procedure, drivers who appear to be primarily at fault in accidents resulting in death or injury may be subject to immediate warrantless arrest.”

So who’s to say that one party is obviously at fault and the other is clearly without fault or contributory negligence? A proper investigation is still necessary, right?