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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No._962

Introduced by Representative Crispin Diego “Ping” D. Remulla

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

Every day, Filipino drivers navigate unpredictable roads and unsafe conditions.
Sometimes, despite their best efforts, accidents happen. But when an innocent driver is detained

despite clear evidence of defensive driving, it becomes an injustice.

In January 2024, a motorcycle rider tragically lost his life after speeding and
counterflowing along Skyway Stage 3. The AUV driver, who was on the correct lane, was
detained following the collision, even though evidence showed he was not at fault. This is not
an isolated case. All over the country, responsible drivers are arrested or held without due

process after accidents, simply because of assumption or public pressure.

This bill seeks to amend Article 124 of the Revised Penal Code to include clear
protection for motorists who can present reasonable proof of innocence. Defensive driving,
speed camera data, dashcam footage, and witness statements must be given legal weight.
Drivers who did not violate traffic laws and who cooperated with authorities should not be

subjected to undue detention.

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In view of the foregoing, the approval of this measure is earnestly sought.

CRISPIN DIE

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. _962

Introduced by Representative Crispin Diego “Ping” D. Remulla

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 the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be known as the “Defensive Driving
Protection Act.”
SEC. 2. Article 124 of Act No. 385, otherwise known as the Revised Penal Code, as
amended, is hereby amended to read as follows:
Article 124. Arbitrary Detention. — Any public officer or employee who, without legal
grounds, detains a person, shall suffer:
1. The penalty of arresto mayor in its maximum period to prison correccional in its
minimum period, if the detention has not exceeded three days;
2. The penalty of prison correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
3. The penalty of prison mayor, if the detention has continued for more than fifteen
days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal
grounds for the detention of any person.


“A PERSON OPERATING A MOTOR VEHICLE WHO BECOMES
INVOLVED IN A TRAFFIC INCIDENT SHALL NOT BE SUBJECT TO
DETENTION BY THE ARRESTING OFFICER IF HE OR SHE CAN
PRESENT REASONABLE AND SUFFICIENT EVIDENCE INDICATING
ADHERENCE TO TRAFFIC LAWS PRIOR TO AND DURING THE
INCIDENT. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED

Cor nunewne

TO:
10 (A) A DASHCAM RECORDING CLEARLY SHOWING THAT THE
11 DRIVER DID NOT COMMIT ANY TRAFFIC VIOLATIONS BEFORE
12 AND DURING THE INCIDENT;
13 (B) CCTV FOOTAGE FROM RELEVANT AUTHORITIES OR
14 ESTABLISHMENTS CONFIRMING LAWFUL DRIVING BEHAVIOR; OR
15 (C) VIDEO OR PHOTOGRAPHIC DOCUMENTATION FROM
16 WITNESSES THAT SUPPORTS THE CLAIM OF DEFENSIVE DRIVING
17 AND LAWFUL CONDUCT AT THE TIME OF THE INCIDENT.
18
19 THE ARRESTING OFFICER MAY, IN ACCORDANCE WITH EXISTING
20 LAWS, RULES, AND REGULATIONS, DOCUMENT THE IDENTITY AND
21 PERSONAL INFORMATION OF THE DRIVER AND MAY CAUSE THE
22 IMPOUNDMENT OF THE VEHICLE INVOLVED FOR THE PURPOSE
23 OF INVESTIGATION, SECURING EVIDENCE, OR ENSURING PUBLIC
24 SAFETY.
2s
26 NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO
27 AUTOMATICALLY ABSOLVE THE DRIVER OF CIVIL, CRIMINAL, OR
28 ADMINISTRATIVE LIABILITY. PERSONS WHO SUFFERED INJURIES,
29 PROPERTY DAMAGE, OR DEATH AS A RESULT OF THE INCIDENT,
30 INCLUDING THEIR LEGAL HEIRS, RETAIN THE RIGHT TO SEEK
31 APPROPRIATE REMEDIES UNDER THE LAW.”
32
33 SEC. 3. Anti-Abuse Provision. - Any driver who knowingly submits falsified,

34 tampered, or misleading evidence in an attempt to avoid lawful detention under the preceding


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section shall be criminally liable under applicable laws, including but not limited to
falsification of public documents (Articles 171-172, Revised Penal Code), perjury (Article
183), or obstruction of justice (Presidential Decree No. 1829).

Law enforcement officers who, despite the presentation of clear and credible exculpatory
evidence, still proceed with unjustified detention, or who act with manifest bias, malice, or bad
faith, shall be held administratively liable under the Civil Service Rules, and criminally liable
under this Code and other applicable laws.

SEC. 4. Separability Clause. - If any clause, sentence, paragraph, or part of this Act
shall be declared unconstitutional or invalid, other provisions not affected shall remain in full
force and effect.

SEC. 5. Repealing Clause. — All laws, decrees, orders, rules, and regulations or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 6. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any major newspaper of general circulation in the
Philippines.

Approved,