Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City
TWENTIETH CONGRESS

First Regular Session

HOUSE BILL NO. 1657

Introduced by: 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 evidence of his or her defensive driving.

Hence, approval of this bill is earnestly sought.

HON. CHEE! D. ALMARIO
Representativl
Second District of Davao Oriental



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH CONGRESS

First Regular Session

HOUSE BILL No. 1657

Introduced by REPRESENTATIVE 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 the Congress assembled:

SECTION 1. This Act shall be known as the DEFENSIVE DRIVING ACT OF
2025.

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 prison mayor, if the detension has continued Has
continued for more than More than more than fifteen days for 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
INVOLVE 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 A
LSOHAVETHEAUTHORITYTOIMPOUNDTHE
VEHICLE INVOLVED IN THE INCIDENT, IN ACCORDANCE TO
PERTINENT LA' AND RULES AND REGULATIONS.

PROVIDED, FINALLY, THE DRIVER OF THE VEHICLE INVOLVED IN
T H E TRAFFIC I N CID EN T SHALL N O T BE EXONERATED
FROM ANY LIABILITY UNDER THE LAW, BASED SOLELY ON T H E
EVIDENCE PROVIDEDUNDERTHIS ARTICLE. ANY O TH
E R 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 an d 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,