12-hour limit to determine drivers’ fault in accidents pushed

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MANILA, Philippines — Iloilo City Rep. Julienne Baronda wants to limit to a maximum of 12 hours the period when police can place motorists who are involved in traffic accidents under custody if there is proof they are not to blame.

In filing House Bill No. 10262, or the proposed Fair Treatment of Individuals Involved in Traffic Accidents Act, Baronda cited the March 11 accident in Quezon City, where a driver was detained for several days after he hit and killed a drunken motorcycle rider who had driven against the flow of traffic on the Skyway.

The bill, Baronda said, “establishes a clear and reasonable time frame for the resolution of cases where fault is not in question, thereby minimizing unnecessary detention ….”

READ: QC prosecutor dismisses case vs SUV driver in Skyway crash

It provides for all those involved in a traffic accident to be taken to the nearest police station for investigation, with law enforcers required to submit their findings to their chief within six hours.

“The chief of police or their designated representative shall attest and make a recommendation as regards the findings of the investigation regarding fault within three hours from receipt of the findings,” it added.

Once those involved in a vehicular accident are determined to not be at fault, the police must release them within three hours from the time the police chief or a designated representative attests to their innocence.

Under the bill, law enforcers who violate it may face criminal, civil or administrative charges.

“This legislation addresses the critical issue of the apprehension and detention of persons involved in traffic accidents, emphasizing the importance of a swift and accurate determination of fault,” Baronda said. “It acknowledges that the timely release of individuals not at fault is essential to prevent undue hardship and uphold their rights.”