Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO.10679

Introduced by: Hon. Margarita “Atty. Migs” B. Nograles and Hon. Cheeno Miguel D.
Almario

Explanatory Note

In the event of a road accident involving two or more vehicles, it has been a
standard procedure by the Philippine National Police (PNP) to take an individual
believed to have caused the accident into custody after an investigation. However, there
are certain incidents wherein the accidents are allegedly caused by the individuals who
unfortunately die or sustain injuries. In such cases, the driver of the other vehicle
involved, who is perceived by many as innocent, gets arrested instead.

On March 11, 2024, a motorcycle driver from A. Bonifacio Avenue was killed after
he attempted to counterflow along Skyway Stage 3 in Quezon City. Reports showed that
personnel of the Skyway tried to prevent the said driver from entering and continuing
along the Balintawak portion but the motorcycle was moving too fast at 80 kilometers per
hour. Eventually, the motorcycle collided head on with an Asian Utility Vehicle (AUV)
and the motorcycle driver, who was found to be intoxicated, was thrown from his vehicle
and died at a hospital later. The AUV driver sustained injuries and despite having a right
of way, was facing a complaint from the Highway Patrol Group before the Quezon City
Prosecutor's Office.'

In another incident on April 10, 2024, a 60-year-old driver in Cebu City landed in
jail after being involved in a collision along the viaduct of the Cebu South Coastal Road
(CSCR). Investigation showed that the victim, a motorcycle driver, first crashed into a
center island, and was thrown into the opposite lane and eventually made impact to the
driver's vehicle, causing the former's death. The motorcycle driver's backrider, a 28-year-
old waitress, also died in the accident. Due to the deaths of the motorcycle driver and his
companion, the poor senior driver was taken into police custody and temporarily
detained. A charge of reckless imprudence resulting in double homicide was prepared
by the police against him?

Because of the seemingly unjust detention of innocent drivers, public clamor calls
for the reformation of procedure in case of accidents. Thus, this bill proposes to do away
with the detention of drivers involved in vehicular accidents if he or she can provide, on

* https://www.gmanetwork.com/news/topstories/metro/900162/motorcycle-rider-attempting-counterflow-along-

skyway-in-balintawakckilled/story/
? https://cebudailynews.nquirer.net/569853/explainer-why-innocent-<rivers-get-arrested-in-road-accidents



the spot and at the scene of the crime, evidence of his or her defensive driving. It must be
noted, however, that this bill does not intend to absolve the drivers of their liabilities,
whether civil or criminal, but merely to save them from unnecessary mental anguish,
physical, or even financial suffering arising from detention.

Hence, approval of this bill is earnestly sought.

HON. anc RA tics B. NOGRALES

PBA Party-list Representative

LD. ALMARIO
istrict of Davao Oriental

HON. CHEENO
Representative,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS:
Third Regular Session

House BiLt No._16679

Introduced by: Hon. Margarita “Atty. Migs” B. Nograles and Hon. Cheeno Miguel D.
Almario

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

SECTION 1. This Act shall be known as the DEFENSIVE DRIVING ACT OF 2024.

SECTION 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 prision
correccional in its minimum period, if the detention has not exceeded
three days;

2. The penalty of prision 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 prision 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.

PROVIDED, 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 OR 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 TO.
PERTINENT LAWS AND RULES AND REGULATIONS.

PROVIDED, FINALLY, 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.

SECTION 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.

SECTION 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.

SECTION 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,