Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

110

HOUSE BILL NO._“"~

Introduced by 4Ps Partylist Representative
JC M. ABALOS

EXPLANATORY NOTE

The World Health Organization reports that annually there are 20 to 50
million people that suffer from non-fatal injuries, including those resulting from
disabilities, due to road traffic crashes.’ Even more tragically, these crashes claim the
lives of approximately 1.19 million each year.’ This statistic is no different in the
context of our country. Recent data on road accidents from the Philippine National
Police in the Philippines show that there is a 35% increase in road accident fatalities
from 2024 to 2023. Moreover, data from the Philippine Statistics Authority on deaths
due to land transport accidents rose to 13,125 in 2023, the highest recorded in over a
decade.‘ These deaths account for 1.9% of all deaths nationwide.

Road conditions, vehicle, and reckless driving are the main three factors in
traffic events. Road conditions and obstructions contribute to road accidents, while
unworthiness and other vehicle-related issues are sources of road mishaps. However,
the key element in road safety are road users, such as motorists, pedestrians,
passengers, cyclists, and public transport operators. According to experts, human

‘World Health Organization, "Road traffic injuries,” last modified December 13, 2023,
https:/www.who.intinews-roomifact-sheets/detaiload-traffic-injuries.

2 iid

> Land Transportation Office, “LTO embarks on comprehensive data analysis for holistic govt intervention on road
accidents, road rage,” April 19, 2025,

https:/Mto.gov. ph/news/tlo-embarks-on-comprehensive-data-analysis-for-holistic-govt-intervention-on-road-accide
nts-road-ragel.

“Philippine Statistics Authority, “Land transport accidents account 1.9 percent of in the country, highest
number of deaths recorded in 2023," May 7, 2025, https://psa.gov.phistatistics/ tistics/node/1684076211.

® Land Transportation Office, "LTO embarks on comprehensive data analysis for holistic gov't intervention on
road accidents, road rage,"


failure is generally the principal cause of accidents, such as negligence, loss of
control, distraction, drunk driving, texting while driving, overspeeding, and
physical challenges.*”

However, in road accident cases, drivers are blamed ~ worse, even put behind
bars — despite evidence showing that the ones at fault were the other motorists or
pedestrians. For instance, a 2024 accident involving an Asian Utility Vehicle (AUV)
driver navigating the Skyway Stage 3 when a motorcycle rider suddenly crashed
into him, causing his subsequent death. CCTV cameras and the AUV’s dash camera
showed that the motorcycle rider illegally counterflowed and that the AUV driver
was in the proper traffic flow. Reports also show that the motorcycle rider was
inebriated, overspeeding, and was not wearing proper riding gear as mandated by
law. Nevertheless, a complaint was filed against the AUV driver by the Highway
Patrol Group. Under the current law, the AUV driver is to be detained until he can
post bail due to the death of the motorcycle rider, despite overwhelming evidence
showing his innocence.

Moreover, there are also cases wherein negligent drivers obstruct the flow of
traffic or illegally park their vehicles which causes accidents. A recent case in Pasig,
City exemplifies this when a cyclist, wearing appropriate safety gear and utilizing
the designated bike lane, was struck by an oncoming Sport Utility Vehicle (SUV).
This occurred when a L300 van, illegally parked in the bike lane, had its door
suddenly opened by its driver, causing the cyclist to fall into the SUV's path.

This proposed measure aims to encourage responsible driving and hold
accountable all road users that may figure in accidents, thus, attaining fairness of the
current laws.

This bill, also filed during the 19th Congress, draws from a similar version
filed in the 18th Congress by the Honorable Frederick W. Siao with modifications
that recognizes the rights of lawfully abiding motorcycle and bicycle riders.

Hence, support for this bill is earnestly sought.

Representative
APs Partylist

* Ibid.
” Metro Manila Development Authority, 2023 Annual Report Metro Manila Accident Reporting and Analysis,
‘System, 2023, https://mmda.gov.phimages/Home/FOV/MMARAS/MMARAS_Annual_Report_2023.pdf.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.. 110

Introduced by 4Ps Partylist Representative
JC M. ABALOS

AN ACT TO PROMOTE RESPONSIBLE DRIVING AND ESTABLISH FAIR
ACCOUNTABILITY FOR ROAD SAFETY INCIDENTS AND VIOLATIONS OF
TRAFFIC LAWS AND REGULATIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Philippine
Responsible Driving and Accountability Act”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
safeguard its citizenry from the ruinous and extremely injurious effects of vehicular
accidents and to provide effective and efficient regulation of road transportation.

SEC. 3. Definition of Terms. — The following definitions are hereby adopted to
enforce the provisions of this Act.

a. Dangerous driving is the willful operation or control of a motor vehicle
in a manner, and with awareness of probable or actual road, traffic, and
pedestrian conditions, which directs and focuses the threat of death or
injury on persons, and/or damage to property on the road or on the
sidewalk.

b. Reckless driving is the willful operation or control of a motor vehicle or
bicycle in a manner, and with awareness of probable or actual road,
traffic, and pedestrian conditions, which poses a clear or likely risk of


death or injury to any person or damage to property, on the road or on
the sidewalk.

Suicidal driving is the driver's willful operation or control of a motor
vehicle in a manner, and with awareness of probable or actual road,
traffic, and pedestrian conditions, which directs and focuses the threat
of death or injury specifically to oneself.

Terroristic driving is the willful operation or control of a motor vehicle in
a manner and with awareness of probable or actual road, traffic, and
pedestrian conditions that directs and focuses the threat of multiple
deaths or injuries on other persons on the road or on the sidewalk with
the clear intent to cause mayhem, chaos, panic, and terror in the
furtherance of an extremist political or religious purpose.

. Careless driving is grossly negligent failure to operate or control a
vehicle, motorized or not, in a careful and prudent manner, with
disregard for the road, traffic, pedestrian, and all other attendant
circumstances, endangering the life, limb, or property of any person on
the road or on the sidewalk.

Impaired driving is the complete or partial lack of control of a vehicle,
motorized or not, in the custody of the driver for whatever reason,
including but not limited to fatigue, lack of sleep, a medical emergency,
intoxication, use of illegal drugs, overdose, or misuse of medication,
advanced age, physical or mental disability, or distracted driving.

.. Irresponsible custody of a vehicle is the temporary or continuing custody
and control of a motor vehicle, including its ignition or access keys,
with carelessness, imprudence, and disregard for probable threats or
dangers arising from, but not limited to, driving by minors, driving by
seniors with manifest impaired abilities, amateur stunt driving, and
distracted driving.

. National Roads comprise National Primary, Secondary, and ‘Tertiary
Roads, as defined by Department Order No. 133 of the Department of
Public Works and Highways.

Local Roads consist of Provincial Roads, Municipal and City Roads, and
Barangay Roads, as defined by Department Order No. 133 of the
Department of Public Works and Highways.


SEC. 4. Aggravating Circumstances. — The following circumstances shall
constitute aggravating circumstances in driving violations:
a. Driving a stolen vehicle;

b. Driving without a proper driver's license;
c. Possession of or driving under the influence of illegal drugs;
d._ Driving while intoxicated;
e. Possession of firearms, explosives, and other weapons; and
f. Carrying dangerous cargo such as combustible materials and
chemicals.
SEC. 5. Mitigating Circumstances. — ‘The following circumstances and

situations constitute mitigating circumstances in driving violations:

a. Fast driving due to a medical emergency to rush to a hospital or other
medical facility for immediate care;

b. Pursuit of a suspect in a crime who is fleeing or has just fled from the
scene of a crime;

cc. Rushing home or to the workplace because of a fire or other disaster;
and

d. Serious to gross defects in the design and construction of roads and
bridges, and of traffic signs and warnings.

SEC. 6. Criminal, Civil, and Administrative Liability. —Dangerous driving,
reckless driving, careless driving, suicidal driving, terroristic driving, impaired
driving, irresponsible custody of a motor vehicle, and violation of traffic rules and
regulations carry criminal, civil, and administrative liability.

SEC. 7. Presumption of Liability. - The initial presumption of liability shall be
determined by the person in authority or law enforcer who is first at the scene of the
incident or on whom continuing investigative responsibility is vested by competent
authority over the road safety incident resulting in death, injury, destruction of
property, or traffic congestion.

The determination of initial liability must be either in writing in a traffic
incident report or orally, with witnesses present, while the law enforcer’s lawful
arrest without a warrant or civilian citizen’s arrest is being made.

A person in authority or deputized law enforcer may order the confiscation or
personally and immediately confiscate the driver's license of a suspected erring
driver to prevent or avoid probable immediate future danger to self or other persons
on the road or sidewalk.


Whether the driver or drivers are initially liable or not, the law enforcer
investigating the road safety incident is hereby required to secure the signed and
sworn statements of the drivers and other persons involved in and who witnessed

the incident.

The driver involved ina road safety incident is presumed to be liable when:

a.
b.

The driver flees from the scene of the road safety incident;

The driver was driving at high speed according to recorded
eyewitness’ accounts taken at the scene of the road safety incident;

The driver had just committed at least one serious traffic violation
immediately prior to the incident ;

The driver is intoxicated or under the influence of illegal substances or
prescription medication;

The driver does not have a driver's license or has an expired driver’s
license;

‘The victim is a bicycle rider wearing safety devices or gears traveling
on the rightmost lane or designated bike lane, as the case may be; and
The victim is a motorcycle driver wearing safety devices or gears
traveling in the designated motorcycle lane.

The driver is presumed not liable, or not totally at fault, for the incident under
investigation when:

a.

The victim, as a result of intoxication or influence of illegal substances,
engages in conduct that is in violation of traffic laws and regulations;
The victim was not crossing the street at a designated pedestrian lane
or footbridge;

The victim jaywalked;

. The victim is a driver of a motorcycle, bicycle, or tricycle traveling on

national and local roads below the minimum speed limit and not on
the rightmost lane of the roadway or designated bike lane;

The victim is a driver who, at the exact time of the incident, did not
have the right of way on the road;

The driver did not flee from the scene of the road safety incident;

The driver, at the time of the incident, has a medical emergency such
as, but not limited to, heart attack, stroke, asthma attack, or diabetic
shock; and

The driver of the other vehicle has non-functional or lacks headlights,
tail lights, and other warning devices.

The investigating law enforcer is hereby authorized to confiscate the driver’s
license of the driver or drivers involved as a temporary preventive suspension


measure to ensure road safety while such suspension is under automatic review by
the license issuing authority.

SEC. 8. Penalties and Liabilities. — The provisions of the Revised Penal Code
(RPO), as amended by subsequent laws, including Republic Act 10951, and of laws
in effect on road safety and land transportation, as well as the Civil Code of the
Philippines, as amended, shall apply in the determination of criminal, civil, and
administrative liabilities of violators of this Act.

For the crime of dangerous driving resulting in the death of the victim or
victims, the provisions of Article 248 of the RPC, as amended, and corresponding
punishment, including the factoring in of aggravating and mitigating circumstances,
shall apply.

For the crime of reckless driving causing the unintentional death of the victim
or victims, the provisions of Article 249 of the RPC, as amended, and corresponding
punishment, including the factoring in of aggravating and mitigating circumstances,
shall apply.

For the crime of suicidal driving, the provisions of Article 263 of the RPC on
serious physical injuries, as amended, shall apply.

For the crime of terroristic driving, the penal provision of Republic Act 9372,
specifically Section 3 thereof, shall apply, which states the punishment of forty (40)
years of imprisonment, without the benefit of parole, as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.

For dangerous driving, reckless driving, suicidal driving, terroristic driving,
careless driving, impaired driving, and irresponsible custody of a vehicle, Chapter
‘Two, Sections 104 to 111, and Chapter Three, Sections 112 to 113 of the Civil Code of
the Philippines, as amended, as well as the provisions of Republic Act 10951, shall
apply. Further, the exact award of civil damages, indemnification, and obligations
shall be determined by the proper court.

For driving resulting in the death of any person, the administrative penalty
shall be permanent disqualification from the issuance of a driver's license, as well as
fines provided in Republic Act 10951.

For driving resulting in permanent disability or serious physical injuries
suffered by any person, the administrative penalty shall be a five (5)-year suspension
of the driver's license, as well as fines provided in Republic Act 10951


For driving resulting in the destruction of property other than the offender’s
‘own vehicle, the administrative penalty shall be a three (3)-year suspension of the
driver's license, as well as fines provided in Republic Act 10951.

For driving resulting in traffic congestion lasting over an hour, the
administrative penalty shall be one (1) year, as well as fines provided in Republic Act
10951.

SEC. 9. Translation into Filipino and Other Philippine Languages and Dialects. ~
To ensure widespread and more effective understanding of this Act by drivers,
pedestrians, and other road users nationwide, the Komisyon ng Wikang, Filipino
shall translate the text of this Act into Filipino, other Philippine languages, and, if
feasible, Philippine dialects.

SEC. 10. Separability Clause. If for any reason or reasons, any portion or
provision of this Act is held unconstitutional or invalid, the remaining portions or
provisions not affected thereby shall continue to be in full force and effect.

SEC. 11. Repealing Clause. All laws, decrees, executive orders, proclamations,
rules, regulations, and other issuances or parts thereof which are inconsistent with
the provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 12. Effectivity. The Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation/ or
a newspaper of general circulation.

Approved,