Another Miscarriage of Justice in the Philippines?

The Philippine legal system is incomprehensible to the outsider at least. If someone commits a crime they should be prosecuted. Right? In the Philippines it's not that simple. The latest case involves a car accident in Quezon City.

https://mb.com.ph/2024/3/13/car-driver-in-viral-skyway-collision-freed-cleared-of-liability-on-rider-s-death

The Quezon City Prosecutors Office has ordered the release of the driver of a Toyota Innova which figured in a fatal head-on collision with a motorcycle at the Skyway Stage 3 in Balintawak on Sunday morning, an official of the Philippine National Police (PNP) said on Wednesday, March 12.

But why was the driver of Toyota Innova detained and charged when the viral video showed that the motorcycle rider appeared to be at fault?

Police Capt. Jun Cornelio Estrellan, head of the PNP-Highway Patrol Group South Luzon Expressway Sub Office, explained that the police are strictly following processes, especially in incidents that would result in death.

In the case of the viral video which showed that the motorcycle rider was running fast, without helmet and travelling on the wrong side of the road, Estrellan said that the filing of the case against the driver is part of the protocol when the rider died.

“Since there was death in this case, the police will automatically file the case with all the documents and leave the prosecutor to decide what is right on the incident,” said Estrellan in an interview over Radyo Pilipinas. 

And in so far as the driver Toyota Innova is concerned, Estrellan said the QC Prosecutor’s Office said that he has no liability over the incident.

But the official said the decision of the family of the motorcycle rider not to pursue the case helped a lot in the decision of the Prosecutor’s Office that paved the way for the release of the driver from jail.

“It was the brother of the motorcycle rider who represented the family who executed  an affidavit of desistance. It was one of the reasons why the Innova driver was exonerated,” said Estrellan. 

On the part of the Skyway enforcers, Estrellan explained that they were not able to immediately prevent the entry of the motorcycle since it was running so fast and it was travelling on the opposite side of the road. 

You can watch the crash at this link. The point here is not who is at fault based on the video. The point is the reason why the driver was released. Here it is if you missed:

But the official said the decision of the family of the motorcycle rider not to pursue the case helped a lot in the decision of the Prosecutor’s Office that paved the way for the release of the driver from jail.

“It was the brother of the motorcycle rider who represented the family who executed  an affidavit of desistance. It was one of the reasons why the Innova driver was exonerated,” said Estrellan. 

This driver was released, not because the Prosecutor’s Office decided he was not at fault, but because the brother of the motorcyclist "executed an affidavit of desistance." Not only was the driver released based on the actions of the brother but he was EXONERATED! The actions of the brother should not matter one whit. Only the evidence should determine whether or not a case is filed. 

This is outrageous. But this is the Philippines. Prosecutors REFUSE to press charges if cases can be resolved between parties. That includes even vehicular homicide cases. If you kill someone with your vehicle but you can come to an agreement with the family of your victim you will NEVER face the consequences for what you did. 

This is not to say the driver is guilty of a crime. It is to say that the Prosecutor's Office did not release him based on evidence but on the actions of the victim's family. That is wrong. 

There is no justice in the Philippines.