The National Police Commission (NAPOLCOM) and the Philippine National Police (PNP) are reviewing police traffic procedures after a driver nearly faced criminal charges for hitting a student who fell from the platform of a Light Rail Transit Line 1 (LRT-1) station in Quezon City last week.

"We really need to review our police traffic procedures to avoid absurd results. How can there be 'Reckless Imprudence Resulting to Homicide' if the ultimate fact is that the person fell from the sky?" NAPOLCOM vice chairperson Rafael Vicente Calinisan told the Daily Tribune.

"Any lawyer worth his salt would agree that no amount of due diligence could have prevented that type of incident," Calinisan said. "Depriving a clearly innocent person of liberty under the guise of standard procedure is contrary to the tenets of justice. The NAPOLCOM and the PNP have already initiated a study of traffic procedures with the aim of implementing necessary reforms," he added.

According to Calinisan, conducting an arrest is not automatically required under police traffic procedures.

“Wala naman nakalagay na kailangan arestuhin, so ‘yun yung kelangan klaruhin, ‘yung kailangan maayos nakalagay sa ating magiging bagong manual para magabayan ang ating kapulisan,” Calinisan said.

He explained that cops conduct arrests to avoid facing charges of grave misconduct or grave negligence themselves when traffic accidents result in fatalities.

He clarified that when motorists are involved in accidents resulting in an individual’s death, the driver involved may either undergo inquest proceedings or face regular criminal charges.

“To be clear, ‘yung isang option arestuhin at dalhin sa prosecution, tinatawag na inquest, yung second ay pakalawalan at kasuhan ng regular filing pag hindi malinaw na evidence o wala naman negligence,” Calinisan said.

The driver in the LRT incident was released the day after the incident. The Quezon City Police District (QCPD) said that after conducting a thorough investigation and CCTV review, it showed no apparent indication of negligence on the part of the driver.

The driver cooperated with authorities and was placed under police custody in accordance with the standard operating procedures (SOP) of the Philippine National Police (PNP), as the incident involved a fatality. This measure is part of the investigative process to ensure proper documentation and compliance with legal requirements.

“Moreover, the father executed a notarized letter manifesting that he is not pursuing a complaint against the driver. Thereafter, the driver was released from the custody of Traffic Sector 6,” the QCPD said in a statement.

“Dapat on the ground, doon pa lang nasasala na. So, ang pinag-uusapan namin ngayon is how to control that discretion,” Calinisan said.

On the other hand, Senator JV Ejercito called for the urgent need to pass the Defensive Driving Protection Act, which protects innocent motorists from being immediately imprisoned as a result of a road accident.

Calinisan said he supports the proposed measure, saying that the law will provide clarity on police traffic procedures.