Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.    1C196
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-:     DATE
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Introduced by RHPRESENTATIVE JONATIIAN KEITH T. FLORES
EXPLANATORY NOTE
Road crashes have always been a major issue in the Philippines considering that the country
averages  157 crash incidents per day, according to the Metro Manila Accident Reporting and
Analysis System (MMARAS). The prevalence of crashes has been a particular cause of concern
to  the public  despite  several  road  safety  laws  intended  to  improve  road  user  behavior,  curb
potential  negligence,  and  hold  road  violators  accountable.  Likewise,  it  is  notable  that  key
stakeholders from the driving and motoring public have long urged the Government to revisit
existing road safety laws, specifically on reckless imprudence.
Thus,  the  "Philippine  Responsible  Driving  and  Accountability  Act"  is  proposed  to
strengthen the implementation of the country's road safety laws, as well as laws on criminal, civil,
and administrative culpability and liability of drivers involved in traffic violations and road safety
incidents.
In relation to vehicular mishaps, Article 2185 of the Civil Code of the Philippines provides
that Ccunless there is proof to the cortrary, it is presumed that a person driving a motor vehicle
has been negligent if at the time Of the mishap, he was violating arty traffiic regulation. "
Unfortunately,  the  broad  and  sometimes  mistaken,   application  of  this  and  related
presumption,  has  resulted  to  drivers  or  motorists  involved  in  road  safety  incidents  being
immediately presumed to be at fault even when there are indications that the pedestrians and/or
other motorists involved are at fault or are guilty of contributory negligence.
This bill aims to clarify the presumptions that are applicable in road safety incidents or
vehicular mishaps to protect law-abiding persons from misapplied presumptions, as well as to
identify the proper persons in authority that should make the  initial assessment of the proper
application of these presumptions.
The  clarifications  offered have  long been  overdue  and have been  sought by  both,  the
motoring public and the law enforcers implementing our traffic laws and regulations
In view of the foregoing, approval of this bill is earnestly soucht.
JONAT AN REITH
District, 8
. FLORES
non


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRES S
Second Regular Session
HousEBILLNo.     10196
Introduced by REPRESENTATIVE JONATHAN KEITH T. FLORES
AN ACT
T0 PROMOTE RESPONSIBLE DRIVING AND ESTABLISH FAIR
ACCOUNTABILITY FOR ROAD SAFHTY INCIDENTS AND VIOLATIONS 0F TRAFFIC
LAWS AND REGULATIONS, AND FOR OTHHR PURPOSES
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
SECTION 1. Sftorf rj#e -This Act shall be known as the "Philippine Responsible Driving and
Accountability Act".
SEC. 2. Dcc/arofI.on a/PoJi.ey. -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.
SHC. 3. Scope. - The provisions in this Act shall be applicable to any road safety incident, traffic
violations resulting to bodily harm or damage to property, or any other vehicular mishap, whether found
to be covered by criminal, civil or administrative laws, ordinances, rules or regulations.
SEC.  4. 4ggrmti¢/I.#g CJ.rcwusrw#ccs.  - The  following  circumstances  and  situations constitute
aggravating circumstances in driving violations :
1)    Driving a stolen vehicle;
2)    Driving without a proper driver's license;
3)    Possession of, or driving under the influence of, illegal drugs;
4)    Driving while intoxicated;
5)    Illegal Possession of firearms, explosives, and other weapons while driving; and
6)    Carrying dangerous cargo such as combustible materials and chemicals without the proper
authority,
SEC.  5.  Mi./..grfl.Hg  CI.rcwurf¢#cc]s.  -  The  following  circumstances  and  situations  constitute
mitigating circumstances in driving violations:


1)    Exceeding the speed limit in going to a hospital or other medical facility due to a medical
emergency or in going home or place of business due to emergencies such as fire, flooding or
other similar emergencies;
2)    Exceeding the speed limit while in the pursuit of a suspect/s fleeing from the scene of a recent
crime; and
3)    The commission of the driving violation was found to be due to defective road conditions or
defective and illegible traffic signs and warnings.
EEC. 6. Effect Of the attendance Of mitigating or aggravating circumstances. -The aitterkernee
of mitigating or aggravating circumstances in Sections 4 and 5 above shall be applied in the same manner
as provided in Article 62 of the Revised Penal Code.
SEC.  7. Pre§#mp/I.an a/ C#/p¢bJ./i.fy.  - The determination of whether or not a presumption of
negligence  and  culpability  is  applicable  to  a  situation  shall  be  initially  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, traffic violation resulting to
bodily harm or damage to property or other vehicular mishap.
This initial determination shall be recorded in the traffic accident report or equivalent record of the
results of the investigation or findings by the said person in authority or law enforcer.
In the event that the said person in authority or law enforcer shall find that a presumption of
negligence  or  culpability  is  applicable,  he,  or  she,  shall  have  the  authority  to  order  the  immediate
confiscation of the driver's license of the erring party, or parties, subject to the proper disposition thereof
in accordance with the applicable laws and regulations.
In all such cases, the person in authority or law enforcer investigating the road safety incident,
traffic violation or vehicular mishap shall secure the signed statements of the parties involved and of
available witnesses to the incident as well as to gather any available evidence documenting the same.
The driver, or drivers, involved in a road safety incident, traffiic violation or vehicular mishap shall
be presumed to be negligent and/or culpable when:
1)    the driver flees, or attempts to flee, from the scene of the incident;
2)    there is evidence to show that the driver was driving in excess of the applicable speed limit;
3)    the driver committed one, or more, violations of traffic laws or regulations at the time of the
incident related to the cause of the incident;
4)    there is evidence to show that the driver was driving under the influence of alcohol or illegal
drugs at the time of the incident; and
5)    the driver does not have a valid driver's license or if his driver's license does not authorize the
use of the vehicle he was driving; and
6)    the driver was driving a vehicle with lacking, or non-functioning head lights, tail lights or turn
signal lights;
In any event, provided that none of the foregoing circumstances are also present, no presumption
that a driver involved in a road safety incident, traffic violation or vehicular mishap was negligent and/or
culpable, shall be made when:


1)    there is evidence to show that the victim was intoxicated or under the influence of illegal
drugs;
2)    the victim was jaywalking at the time of the incident;
3)    the victim was violating any traffiic rule or regulation related to the cause of the road safety
incident, traffic violation or vehicular mishap;
4)    the driver, at the time of the incident, was suffering from a medical emergency such as a heart
attack, stroke, asthma attack, or diabetic shock; and
SEC. 8. P€H¢/fz.cs ¢#d fjdrbi./I./I.cs. -Subject to the foregoing, the provisions of the Revised Penal
Code (RPC), as amended, the Civil Code of the Philippines, as amended, and all other applicable traffic
laws and regulations shall apply in the determination of the criminal, civil, and administrative liabilities
of persons presumed to be negligent or culpable under this Act.
Provided, that nothing in this Act shall be construed to exempt any person from any crininal or
administrative liability under any applicable law, ordinance, rule or regulation.
SHC. 9. Translation into Filipino and other Pl.ilippine Languages and Dialects. - rT:o ensNIe
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. Scp¢robz./I.fy. -If any provision or part of this Act is declared invalid or unconstitutional,
the remaining parts or provisions not affected shall continue to be in full force and effect.
SEC.11. Repe¢/i.#g CJausc. -All laws, executive orders, and administrative orders or parts thereof
inconsistent with any provision of this Act are hereby repealed or amended accordingly.
SEC. 12. EJj7rcc/I.vrty Cy¢usc. -This Act shall take effect fifteen (15) days after its publication in
the  online  version  of the  Official  Gazette  or  in  two  (2)  newspapers  of general  circulation  or  with
established internet website presence.
Approved,