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Republic of the Philippines i? RECEIVED 4)
HOUSE OF THE REPRESENTATIVES [© JUL 4.4 2019

Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1937

Introduced by Honorable FREDERICK W. SIAO

EXPLANATORY NOTE

The proposed “Philippine Responsible Driving and Accountability Act” is intended to
update 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.

This bill also defines different types of unsafe driver behavior: dangerous driving; reckless
driving; suicidal driving; terroristic driving; careless driving; impaired driving; and irresponsible
custody of vehicle.

Under current laws and procedures, drivers or motorists involved in road safety incidents
and traffic violations are presumed at fault even when pedestrians and/or other motorists are at
fault or also share fault. This bill seeks to make our laws also fair to the drivers who were not at
fault.

In this bill, the driver is presumed to be not initially culpable or not totally at fault for the
incident under investigation when:

1) the victim is intoxicated or under the influence of illegal drugs or prescription medication;

2) the victim was not crossing the street at a pedestrian lane or road intersection;

3) the victim crossed the street or highway instead of using a nearby pedestrian footbridge;

4) the victim is a bicycle rider not wearing safety devices or wearing dark clothing;

5) the victim is a driver of a motorcycle, bicycle, or tricycle traveling on a national highway
under the minimum speed limit and not on the rightmost lane of the roadway;

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

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

8) the driver was suffering, at the time of the incident, a medical emergency such as a heart

attack, stroke, asthma attack, or diabetes shock; and

the driver of the other vehicle has non-functional or lacking in head lights, tail lights, and

other warning devices.

9

The driver involved in a road safety incident is presumed to be initially culpable when:

1) the driver flees from the scene of the road safety incident;

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

3) the driver had just committed at least one serious traffic violation;

4) the driver is intoxicated or under the influence of illegal drugs or prescription
medication;

5) the driver does not have a driver's license or has an expired driver's license; and

6) the victim is a child younger than fifteen (15) years of age.


This bill also provides for the following mitigating circumstances in driving violations:

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

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

3) Rushing home or to workplace because of a fire or other disaster; and

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

The initial presumption of culpability 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 culpability must be either in writing in a traffic incident report
or orally, with witnesses present, while the law enforcer's lawfal arrest without 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 culpable or not, the law enforcer investigating the
road safety incident is required to secure the signed and sworn statements of the drivers and other
persons involved in and who witnessed the incident.

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



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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1987

Introduced by Honorable FREDERICK W. SIAO

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".

Section 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.

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

1) Dangerous driving with intent to kill or injure others 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 specific
persons on the road or on the sidewalk.

2

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 clear or likely risk of or causes death or injury to any person on the road or on
the sidewalk.

3

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 self.

4

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 death or injury on other persons on the road or on the
sidewalk with the clear intent to cause mayhem, chaos, panic, and terror in furtherance of
an extremist political or religious purpose.

5) Careless driving is grossly negligent failure to operate or control a vehicle, motorized or
not, ina 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.

6) Impaired driving is 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,
medical emergency, intoxication, use of illegal drugs, overdose or misuse of medication,
advanced age, physical or mental disability, or distracted driving.


7) Irresponsible custody of 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 danger arising from, but not limited to, driving by minors,
driving by seniors with manifest impaired abilities, amateur stunt driving, and distracted
driving.

Section 4. Aggravating Circumstances. 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) Possession of firearms, explosives, and other weapons; and

6) Carrying dangerous cargo such as combustible materials and chemicals.

Section 5. Mitigating Circumstances. The following circumstances and situations constitute
mitigating circumstances in driving violations:

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

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

3) Rushing home or to workplace because of a fire or other disaster; and 4) Serious to gross
defects in the design and construction of roads and bridges, and of traffic signs and
warnings.

Section 6. Criminal, Civil and Administrative Culpability and Liability. Culpability and
liability for road safety incidents and driving violations are of varying degrees of gravity: criminal,
civil, and administrative.

1) Dangerous driving, reckless driving, careless driving, suicidal driving, and terroristic
driving carry criminal, civil, and administrative liability.

2) Careless driving, impaired driving, irresponsible custody of a motor vehicle, and violation
of traffic rules and regulations at multiple times carry no criminal liability, but come with
civil and administrative liability.

3) First-time violation of traffic rules and regulations without aggravating circumstances
stated in this Act carry only administrative penalties.

Section 7. Presumption of Culpability. The initial presumption of culpability 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 culpability must be either in writing in a traffic incident report or
orally, with witnesses present, while the law enforcer's lawful arrest without 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 culpable 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 in a road safety incident is presumed to be culpable when:

1) the driver flees from the scene of the road safety incident;

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

3) the driver had just committed at least one serious traffic violation;

4) the driver is intoxicated or under the influence of illegal drugs or prescription medication;


5) the driver does not have a driver's license or has an expired driver's license; and
6) the victim is a child younger than fifteen (15) years of age;

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

1) the victim is intoxicated or under the influence of illegal drugs or prescription medication;
2) the victim was not crossing the street at a pedestrian lane or road intersection;

3) the victim crossed the street or highway instead of using a nearby pedestrian footbridge;
4) the victim is a bicycle rider not wearing safety devices or wearing dark clothing;

5) the victim is a driver of a motorcycle, bicycle, or tricycle traveling on a national highway
under the minimum speed limit and not on the rightmost lane of the roadway;

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

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

8) the driver was suffering, at the time of the incident, a medical emergency such as a heart
attack, stroke, asthma attack, or diabetic shock; and

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

6)

9

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.

Section 8. Penalties and Liabilities. The provisions of the Revised Penal Code (RPC), 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 victim or victims, the provisions
of Article 248 of the Revised Penal Code, as amended, and corresponding punishment, including
the factoring in of aggravating and mitigating circumstances, shall apply.

For the ctime of reckless driving causing unintentional death of victim or victims, the
provisions of Article 249 of the Revised Penal Code, 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 Revised Penal Code 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 and 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 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, provided further that 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 on 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 five (5) years suspension of the driver's license, as well
as fines provided in Republic Act 10951.

For driving resulting in destruction of property other than the offender's own vehicle, the
administrative penalty shall be three (3) years 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.

Section 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.

Section 10. Separability. - 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.

Section 11. Repealing Clause. - All laws, executive orders, and administrative orders or parts
thereof inconsistent with any provision of this Act are hereby repealed or amended accordingly.

Section 12. Effectivity Clause. - 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.