FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE pmLIPPINES ) 
First Regular Session 
) 
SENATE 
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"'),>11 
s. NO. 
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Introduced by Senator Antonio "Sonny" F. TrilianeslV 
EXPLANATORY NOTE 
In the early morning hours last Tuesday, October 21,2008, Dc Francisco "Toto" Sarabia was 
driving his car along the North Bound lane of ED SA, near Santolan Road when his vehicle was 
rammed by a speeding Joanna Jesh Transport bus, The bus was reportedly racing with another 
Joanna Jesh Transport bus in an apparent bid to beat the latter to the bus stop in order to be first 
in picking up passengers waiting for their ride, 
Dc Sarabia's,car violently spun several times. Dc Sarabia's companion was pulled out of the 
wreck by bystahders before the vehicle burst into flames and exploded. It took the attending 
emergency personnel around fifteen minutes before they were able to put out the fire and recover 
Dr. Sarabia's charred remains. 
The driver of the bus, Martinito Madrid, who later surrendered, admitted having figured in 
another accident just this April 2008, which accident resulted in injuries to a number of 
individuals. According to news reports, however, Madrid was involved in no less than seven (7) 
traffic accidents before the fatal incident which killed Dr. Sarabia. 
Enough is enough! Too many lives have been claimed and too many dreams have been 
extinguished already by reckless, senseless drivers, often times driving hulking public utility 
buses (PUBs), container trucks, passenger vans, taxis and jeepneys, in wanton disregard of the 
safety and well-being of others on the road. It is time to hold these drivers accountable to their 
acts of putting the lives and limbs of fellow drivers, passengers and commuters in harm's way. 
Likewise, the operators and/or owners of these offending vehicles have to be made directly 
responsible for any damages, prejudice and injuries which may be caused by their wayward 
drivers in order to compel them to exercise extraordinary diligence in the selection and 
supervision of said drivers. 
To date, however, reckless driving has not been defined as a crime in the statute books but is 
only penalized as a quasi-offense under Article 365 of the Revised Penal Code as reckless 
imprudence resulting to homicide, physical injuries and damage to property. 
This bill seeks to define reckless driving in itself as a criminal offense and to provide stiffer 
penalties for its commission. Likewise, the bill makes the owner and/or operator of the offending 
vehicle principally and directly liable for the damage, injury and/or prejudice resulting from the 
incident unless they can show that they exercised extra-ordinary diligence in the selection and 
supervision of their drivers. 
It is the hope that when passed into law, this bill will work to deter this pernicious practice or at 
the very least, keep reckless drivers away from our thoroughfares. The immediate passage of this 
bill is most earnestly requested. 
~ 
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ANfo~IO :'SON 
" F. TRILLANES IV 
Senator 
I 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. NO. 241 
Introduced by Senator Antonio "Sonny" F. Trillanes N 
AN ACT 
DEFINING THE OFFENSE OF RECKLESS DRNING AND PROVIDING PENALTIES 
FOR THE COMMISSION THEREOF AND FOR OTHER RELATED PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Declaration and State Policy. - It is hereby declared that act of driving 
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recklessly is pernicious to public interest. Hence, it is the policy of the State to consider the same 
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as a criminal offense and to severely penalize the same. 
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SEC. 2. Definition. - Any person who is in control of any vehicle traveling upon a 
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highway, or upon public or private property open to public use, drives the same carelessly, 
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imprudently and heedlessly or without due caution and circumspection, or at a speed or in a 
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manner as to endanger or be likely to endanger any person or property, or who passes when there 
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is a prohibition against passing, shall be guilty of reckless driving and upon conviction shall be 
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punished as provided in Section Three (3) hereof; 
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SEC. 3. Penalties. - Any person found to be guilty of reckless driving shall be subjected 
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to a penalty of imprisonment from one (1) month to six (6) months and/or a fine of Ten 
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Thousand Pesos (PhP 10,000.00) or both. 
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In case the offender's act results to slight physical injuries to any party, the penalty 
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imposab\e shall be imprisonment of six (6) months and one (1) day to two (2) years plus a fine of 
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Twenty Thousand Pesos (phP 20,000.00). 
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In case the offender's act results to less serious physical injuries to any party, the penalty 
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imposable shall be imprisonment of two (2) years and one (l) day to four (4) years plus a fine of 
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Forty Thousand Pesos (PhP 50,000.00). 
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In case the offender's act results to serious physical illjuries to any party, penalty 
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imposable shall be imprisonment of four (4) years and one day to six (6) years plus a fine of 
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Eighty Thousand Pesos (PhP 80,000.00). 
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In case the offender's act results to the death, permanent injury or mutilation of any body 
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part of any, party, the penalty imposable shall be imprisonment of six (6) years and one (1) day to 
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twelve (12) years plus a fine of One Hundred Thousand Pesos (PhP 100,000.00). 
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When the execution of the act covered by this article shall have only resulted in damage 
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to the property of another, the offender shall be punished by imprisonment of six (6) months to 
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two (2) years and/or a fine ranging from an amount equal to the value of said damages to three 
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times such value, but which shall in no case be less than Ten Thousand Pesos (PhP 10,000.00). 
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The trial court shall also award the actual and compensatory damages to the victims, 
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based On the evidence presented and pursuant to existing rules and jurisprudence. 
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Any government official or employee, who by neglect or connivance, has in any manner 
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aided or abetted in the violation or circumvention of the provisions of this Act, shall be held 
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criminally liable as co-principal under this section and shall, in addition, suffer the penalty of 
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perpetual absolute disqualification to hold public office. 
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SEC. 4. Direct Liability of Operator and/or Owner of the Offending Vehicle. - The 
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owner and/or operator of the vehicle driven by the offender shall be directly and principally 
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liable together with the offender for the fine and the award against the offender for civil damages 
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unless he or she is able to convincingly prove that he or she has exercised extra-ordinary 
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diligence in the selection and supervision of his or her drivers in general and the offending driver 
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in particular. 
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This. rule shall principally apply to the owners and/or operators of public utility vehicles, 
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commercial vehicles like delivery vans, cargo trucks, freight trucks, container trucks, etc., as 
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well as school and company buses, hotel transports, car or vans for rent, taxi cabs, etc. In any 
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case, the subsidiary liability of the owner and/or operator of the vehicle driven by the offending 
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driver shall remain. 
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SEC. 5. Repeated Offenders. - In case a person is found guilty of reckless driving for 
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two (2) or more times committed within a period of five (5) years, the same shall be a ground for 
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the permanent revocation of his license by the Land Transportation Office (L TO). 
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SEC. 6. Separability Clause. - Any provision of this Act or the applicability of such 
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provision to any person or circumstance shall be held invalid, the validity of the other provisions 
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of this Act and the applicability of such provisions to other persons or circumstances shall not be 
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affected thereby. 
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SEC. 7. Repealing Clause. - All laws, executive Issuances, orders and rules and 
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regulations contrary to or inconsistent with this Act, or any part thereof, are hereby repealed, 
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amended and/or modified accordingly 
, 
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SEC. 8. Effectivity Clause. - This Act shall take effect upon its approval and upon 
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publication in the Official Gazette and two (2) newspapers of general circulation in the country. 
Approved, 
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