Ignorance of the law

I read in your May 8, 2024 issue that Iloilo City Rep. Julienne Baronda has filed House Bill No. 10262, a proposed law which will provide a reasonable time frame of six hours for the chief of police or his designated representative to determine whether or not a party involved in a vehicular accident is at fault (“12-hour limit to determine drivers’ fault in accidents pushed,” News). If not, the police must release this party from detention within three hours from the time the police chief or designated representative attests to their innocence.

The bill mirrors ignorance of the law. The police, as law enforcers, do not have the power and authority to determine whether a party to a vehicular accident is guilty or innocent. Their authority is only to investigate and report their findings to the public prosecutor who shall determine whether there is probable cause, meaning, a crime has been committed and the party or parties to the vehicular accident are probably guilty. If affirmative, he will indict the party or parties involved by filing the information against him or them in court. This is called executive determination of probable cause.

When the information is filed in court, it shall determine whether probable cause exists against the accused. This is called judicial determination of probable cause. If negative, the court shall dismiss the case; if affirmative, it will issue a warrant of arrest against the accused and proceed to trial.

Thus, to give the police the authority to determine whether a party to a vehicular accident is guilty or innocent would be an impertinent encroachment into the exclusive authority of the public prosecutor and the court. This is not sanctioned by law and the Constitution.

Rep. Baronda may not be aware that a detained person, even prior to preliminary investigation or indictment, has the right to post bail in anticipation of a crime (except in capital felonies), hence, he may promptly secure his release from custody by posting bail. Besides, when the vehicular accident results merely in simple damage to property, the parties are not detained.

Rex G. Rico,
[email protected]