A truck driver who was accused by a retired general of allegedly hitting the BMW motorcycle he was driving at Bangga LTO Highway in Barangay Mansilingan, Bacolod City, on Friday afternoon, was released on bail on Saturday, April 5.
The driver Romer Estrada, 51, of Talisay City, who was hospitalized for hypertension following the incident, posted bail of P3,000.
The driver was charged before the Bacolod City Prosecutor’s Office for reckless imprudence resulting in physical injury and damage to property for allegedly hitting the BMW B1200 driven by Lope Ma Ubaldo Lim, 51, of Sorsogon City, which he denied.
The motorcycle with a temporary license plate was registered in the name Raulo Villarta of Bacoor, Cavite.
Estrada was driving an Isuzu Elf registered to Mighty Eagle Development Corp. located in Brgy Villamonte, Bacolod City.
It was alleged that the Isuzu Elf hit the U-box of the motorcycle causing it to swerve to the left and hit a road barricade resulting in damage to the vehicle and injury to the driver.
Estrada, on the other hand, said it was the U-box of Lim that hit the driver’s side of his Isuzu Elf.
The driver said he was brought to the Bacolod Prosecutor’s Office at the Hall of Justice at past 11 p.m. Friday.
Estrada said his blood pressure shot up at the Bacolod Prosecutor’s Office and he was brought to the Queen of Peace Hospital where he was guarded by two policemen.
He posted bail on Saturday and the policemen guarding him at the hospital left. He was discharged on Sunday.
Netizens questioned the legality of the inquest proceedings being conducted at almost midnight.
Bacolod City Prosecutor Ma. Theresa Ditching, in a Facebook post, explained that the prosecutors’ office is always open because, under the law, they must start inquest proceedings within the reglementary period and so that the detainee can post bail right away.
“In short, when all of you are sleeping, your prosecutors are on alert and still working just to deliver their duty so that justice may be served,” she added.
Inquest proceedings are conducted for persons who are arrested or held in custody under warrantless arrest, she said.
Since the person is temporarily detained, he must be brought for inquest within the reglementary period of detention under Art. 125 of the Revised Penal Code, Ditching said.
The reglementary procedure is 12 hours – for light offense (covered by summary procedure) , 18 hours – with penalty 6 yrs and below (not less than arresto mayor), and 36 hours – with penalty of more than 6 years, she said.
Prosecutors are mandated to be on call and conduct inquest within the reglementary period. If conditions are met, inquests proceeds at any time, she said.
The posting of bail is done in Court not in the Prosecutors Office. The prosecutors merely recommend the amount of bail, if bailable, she said.
So a person charged with a bailable offense can post his bail once the Court opens, she added.*