Automatic Filing of Criminal Charges in Fatal Vehicular Accidents: Examining the 'Bahala na si Fiscal' Practice

In a tragic incident along the Skyway Stage 3, a drunk motorcycle rider entered the northbound lane speeding off southbound, against traffic flow. The motorcycle had a displacement of only 150 cc, falling short of the required minimum of 400 cc for motorcycles using expressways in the Philippines. CCTV footage shows a traffic enforcer's unsuccessful attempt to intervene before the rider collided with a Toyota Innova traversing the correct lane. 

Following the incident, the PNP-HPG released a press statement indicating that they pursued the filing of the complaint against the Toyota Innova driver, despite the family of the deceased rider expressing their lack of interest in pressing any charges. The HPG claimed the filing of a criminal charge is part of the protocol in cases of vehicular accidents resulting in someone's death. Fortunately for the Toyota Innova driver, the city prosecutor promptly dismissed the complaint filed against him upon the filing of affidavit of desistance by the deceased rider’s family. 

Does the law really oblige the police officers to automatically file a criminal complaint against a surviving driver/rider when someone dies in a vehicular accident? 

We contend that there is no such law obliging any law enforcement agency to file charges against someone who is, based on investigation, clearly without any imprudence, fault or negligence. 

The very purpose of police investigation in a vehicular accident is to determine who is the erring driver. This purpose will be defeated if a clearly faultless driver, as it turned out in the investigation, will still be pursued with criminal charges, just because the erring driver/rider died. 

The current practice of automatic filing of criminal charges against a clearly innocent motor vehicle driver is tantamount to tolerating a practice of malicious prosecution, which is not only prohibited, but also emotionally and psychologically damaging. 

The gravamen of malicious prosecution is xxx the deliberate initiation of an action with the knowledge that the charges were false and groundless. (Menandro A. Sosmeña vs. Benigno M. Bonafe, G.R. No. 232677, June 08, 2020) 

One shall not deliberately file any baseless and groundless suit. Legal actions should always be founded on evidence that adequately supports each element of the crime.