HOUSE °F REPRESENTATIVES

RIEGERVED
vee, 10 AUG 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRES:
First Regular Session

280

HOUSE BiLL NO.

introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

When family members leave their houses and go out into our streets, their lives are at
the mercy of reckless drivers. The government should set out a public policy that
to pedestrians and commuters. Due diligence and

by every driver of a motor vehicle. Many tragic

ensures utmost protect
circumspection should be exer
stories have hogged the news al
been senselessly snuffed because of heedless and negh drivers. The lack of
severe punishment emboldens unscrupulous drivers even to intentionally run over a
victim believing it would be better to kill the victim than to assist him because the
damages they would be required to pay would be much less than the hospitalization
expenses



Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2805

introduced by Rep. Winston “Winnie” Casteio

AN ACT
c! IALIZING RECKLESS DRIVING AND PROVIDING PENALTIES FOR THE
COMMISSION THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “Reckless Driving Criminal Act of
2016."

SEC. 2. Declaration of Policy. The State shall outlaw reckless driving as it poses
imminent threat to life and limb. The State shall ensure the safety of pedestrians at all times
and hence, it is the policy of the State to consider reckless driving as a criminal act and to
prescribe a severe penaity therefor.

‘SEC. 3. Definition. Any person who is in control of any type of motor vehicle driving on
a highway, or on private road open io pubiic use, drives the same in a careless, incautious oF
heedless manner, or at a wayward speed as to unreasonably imperil or likely to imperil any
person or property, or who passes when there is proscription against passing, shall be guilty of
ded in S i 4 hereof,

SEC. 4. Penalties. Any person found to be guilty of reckless driving shall meted out a

jf impel (4) year and/or

Hundred Thousand Pe:

In case the ler’s act results in slight physical injuries to any party, the penalty to he
imposed shall be imprisonment of one (1) year plus a fine of Two Hundred Thousand Pesos
200,000.00).

in case the offender's act results in less serious physical injuries to any party, the
penalty to be imposed shall be ree (3) years plus 2 fine of Five red
Thousand Pesos (Php500,000.00).

In case the offender's act results in serious physical injuries to any party, the penalty to
be imposed shall be impriso: of five (5) years plus a fine of One Million Pesos
(Phpt,000,000.00).



in case the offender's act resuits in death, permanent disability or mutilation of any body
part of any party, the penalty to be imposed shal! be imprisonment of ten (19) years plus a
of Two Million Pesos (Php2,000,000.00),

When the execution of the act covered by this articie results in damage to the property of
anoth offender shal! be punished by imprisonment of one (1) to two (2) years andi
ranging from an amount equal to the value of said property to three times such value, but which
shall in no case be less than One Hundred Thousand Pesos (Php100,000.00)

The trial court shall also award the actual, moral and exemplary damages to the victim/s,
based on the evidence presented and pursuant to existing rules and jurisprudence.

SEC. 5. Direct liability of Operator and/or Owner of the Offending Vehicle. The Owner
and/or Operator of the vehicle driven by the offender shail be directly and principally liable jointly
with the offender for the fine against the offender for civil damages unless he or she is able to
establish that he or she exercised due diligence in the selection and supervision of the offending
driver

This rule shall apply to the owner/s and/or operator/s of ail types of motor vehicles.

in any case, the subsidiary liability of the owner/or operator of the vehicie driven by the
offending driver shall remain.

SEC. 6. Repeat Offenders - in the event a person is found guilty of reckless driving for
two (2) or more fimes committed within a period of five (5) years, the same shall be a ground for
the permanent revocation of his license by the Land Transportation Office (LTO).

SEC. 7. Separability Ciause ~ if any part, section or provision of this Act shail be held
invalid or unconstitutional, the other provisions not affected by such declaration shal! remain in
full force and effect.

SEC. 8. Repeaiing Ciause ~ Ali laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this
modified and repealed

SEC. 9. Effectivity - This Act shail take effect fifteen (15) days following its pubiication in
the Official Gazette or in at least two (2) newspapers of general circulation

Approved,