NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Third Regular Session 
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SENATE
S.B. No. 2738
24 AUG 21 P3-.12
lu-c:.
Introduced by Senator Joseph Victor G. Ejercito
AN ACT
PROHIBITING THE DETENTION OF MOTOR VEHICLE DRIVERS WHO ARE 
INVOLVED IN A TRAFFIC ACCIDENT WHO PROVIDED SUFFICIENT PROOF 
OF THEIR DEFENSIVE DRIVING, AMENDING FOR THE PURPOSE ARTICLE 
124 OF THE REVISED PENAL CODE
EXPLANATORY NOTE
In recent months, the public has been inundated with reports and footage of 
vehicular accidents where innocent drivers have been unjustly arrested by authorities, 
even when they were clearly victims themselves. This is particularly concerning when 
the at-fault drivers have been killed or seriously injured due to their own negligence.
A recent high-profile case on Skyway Stage 3 in Quezon City exemplifies this 
issue. An intoxicated motorcycle rider, going against traffic flow, collided with an 
oncoming Asian Utility Vehicle (AUV). Tragically, the motorcycle rider succumbed to 
his injuries. Despite being an obvious victim of the other party's recklessness, the AUV 
driver was detained1, sparking outrage among the public. These incidents persist and 
will continue to persist, unless we take legislative action.
To prevent such injustices, this bill seeks to amend Article 124 of the Revised 
Penal Code. The proposed measure aims to include a provision exempting a driver of
1 https://news.abs-cbn.com/news/2024/3/14/suv-driver-in-skyway-counterflow-incident-released-hpg- 
1441


a motor vehicle involved in a traffic incident to be detained when he/she can provide 
a dashcam video, a closed-circuit television (CCTV) footage, or any other video footage 
or still image from other witness, showing his/her innocence or that he/she was not 
violating any traffic laws before and during the incident.
While understanding the need for authorities to detain individuals involved in 
accidents, we must ensure that innocent drivers are not unfairly penalized.
In cases where individuals can provide compelling evidence of their innocence 
or defensive driving, authorities should swiftly release them. By prioritizing the swift 
release of innocent drivers and conducting thorough investigations, we can establish 
a more equitable and just system that protects the rights of all parties involved in 
accidents.
The approval of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE 
}
REPUBLIC OF THE PHILIPPINES 
}
Third Regular Session 
}
SENAJ|qo 
S.B. No. ^<io
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■y •-i* ■
24 AUG 21 P 3 -12
rvi-Cii. -
Introduced by Senator Joseph Victor G. Ejercito
AN ACT
PROHIBITING THE DETENTION OF MOTOR VEHICLE DRIVERS WHO ARE 
INVOLVED IN A TRAFFIC ACCIDENT WHO PROVIDED SUFFICIENT PROOF 
OF THEIR DEFENSIVE DRIVING, AMENDING FOR THE PURPOSE ARTICLE 
124 OF THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. This Act shall be known as the "Defensive Driving Act of 2024".
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Sec. 2. Article 124 of Act No. 385, otherwise known as the Revised Penal Code,
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as amended, is hereby amended to read as follows:
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Article 124. Arbitrary detention. - Any public officer or employee
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who, without legal grounds, detains a person, shall suffer;
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1. The penalty of arresto mayor \x\ its maximum period to prision
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correccionai in its minimum period, if the detention has not
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exceeded three days;
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2. The penalty of prision correccionai in its medium and maximum
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periods, if the detention has continued more than three but not
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more than fifteen days;
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3. The penalty of prision mayor, if the detention has continued for
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more than fifteen days but not more than six months; and
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4. That of reclusion temporal, if the detention shall have exceeded
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six months.
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The commission of a crime, or violent insanity or any other ailment
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requiring the compulsory confinement of the patient in a hospital, shall
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be considered legal grounds for the detention of any person.


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"PROVIDED, THAT A PERSON DRIVING A MOTOR VEHICLE WHO 
IS INVOLVED IN A TRAFFIC INCIDENT, MAY NOT BE DETAINED 
BY THE ARRESTING OFFICER IF HE OR SHE CAN PROVIDE 
PROOF OF HIS HER DEFENSIVE DRIVING SUCH AS, BUT NOT 
LIMITED TO:
A. A DASHCAM VIDEO TAKEN BY THE DRIVER OF THE 
MOTOR VEHICLE SHOWING THAT HE OR SHE WAS NOT 
VIOLATING ANY TRAFFIC LAWS BEFORE AND DURING 
THE INCIDENT;
B. A CLOSED-CIRCUIT TELEVISION (CCTV) FOOTAGE 
SHOWING THAT THE DRIVER OF THE MOTOR VEHICLE 
WAS NOT VIOLATING ANY TRAFFIC RULES BEFORE AND 
DURING THE INCIDENT; OR
C. ANY OTHER VIDEO FOOTAGE OR STILL IMAGE FROM ANY 
WITNESS IN THE VICINITY OF THE INCIDENT SHOWING 
THAT THE DRIVER OF THE VEHICLE WAS NOT 
VIOLATING ANY TRAFFIC RULES BEFORE AND DURING 
THE INCIDENT.
PROVIDED, FURTHER, THAT THE ARRESTING OFFICER SHALL 
HAVE THE AUTHORITY TO ACQUIRE AND PROCESS THE 
PERSONAL INFORMATION OF THE DRIVER OF THE VEHICLE 
INVOLVED IN THE INCIDENT. THE ARRESTING OFFICER SHALL 
ALSO HAVE THE AUTHORITY TO IMPOUND THE VEHICLE 
INVOLVED IN THE INCIDENT, IN ACCORDANCE WITH 
PERTINENT LAWS, RULES AND REGULATIONS.
PROVIDED, FINALLY, THAT THE DRIVER OF THE VEHICLE 
INVOLVED IN THE TRAFFIC INCIDENT SHALL NOT BE 
EXONERATED FROM ANY LIABILITY UNDER THE LAW, BASED 
SOLELY ON THE EVIDENCE PROVIDED UNDER THIS ARTICLE.
ANY OTHER PERSON WHO SUFFERED INJURY TO HIMSELF OR 
HERSELF OR HIS OR HER PROPERTY, OR THE HEIRS OF THE 
PERSON WHO DIED DUE TO THE INCIDENT SHALL HAVE THE 
RIGHT TO PURSUE ALL OTHER LEGAL REMEDIES AVAILABLE TO 
THEM UNDER THE LAW."
Sec. 3. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in force and effect.


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Sec. 4. Repealing Clause. - All laws, presidential decrees, executive orders, rules 
and regulations and other issuances, or any part thereof, inconsistent with this Act are 
hereby repealed, modified, or amended accordingly.
Sec. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,