Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HoUsEBILLNo.10128
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Introduced by 4Ps Partylist Representative
|C M. ABALOS
EXPLANATORY NOTE
Road traffic deaths in the Philippines are on the rise according to a report by
the Philippine Statistics Authority (PSA). In 2021, road traffic deaths reached 11,096,
a 39°/o jump from the 7,938 recorded deaths in 2011. While the leading cause of death
among 15- to 29-year-old Filipinos are caused by road traffic injuries.
Road, vehicle, and human error are the three factors in traffic events. Road
conditions and obstructions contribute to road accidents, while unworthiness and
other vehicle-related issues are sources of road mishaps. However, the key element
in road safety are road users, such as motorists, pedestrians, passengers, cyclists, and
public  transport  operators.  According  to  experts,  human  failure  is  generally  the
principal cause of accidents, such as negligence, loss of control, distraction, drunk
driving, texting while driving, overspeeding, and physical challenges.
However, there have been cases where drivers were blamed - worse, even put
behind bars - despite evidence showing the ones at fault were the other motorists or
pedestrians. A case in point is the recent accident involving an Asian Utility Vehicle
(AUV)  driver  navigating  the  Skyway  Stage 3 when a motorcycle rider  suddenly
crashed into him, causing his subsequent death. CCTV cameras and the AUV's dash
camera showed that the motorcycle rider was illegally in the counterflowing and
that the AUV driver was in the proper traffic flow. There were also reports that the
motorcycle rider was inebriated, overspeeding, and was not wearing proper riding


gear  as  mandated  by  law.  Nevertheless,  a  complaint  was filed against the AUV
driver by the Highway Patrol Group. Under the current law, the AUV driver is likely
to be detained until he can post bail due to the death of the motorcycle rider, despite
overwhelrfung evidence showing his innocence.
With the passage of this bill, fairness of current laws is achieved to encourage
responsible and accountable road users to reduce road accidents.
A similar version of this bill was filed in the 18th Congress by the Honorable
Frederick W.  Siao.  This  version has  slight modifications  recognizing the  rights  of
lawfully abiding motorcycle and bicycle riders.
Hence, support for this bill is earnestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.    1G128
Introduced by 4Ps Partylist Representative
|C M. ABALOS
AN ACT T0 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  Rapresentatives  Of  the  Philippines  in
Congress assembled:
SECTION   1.      SJior£   Tz.fzc.   -   This   Act  shall  be  known  as  the   ``P7zz.Jz.;7pz.77c
Responsivle Driving and Accountabtlity Act" .
SEC. 2. DccJ¢r¢fl.o7t a/ Pozi.ey.  ~ 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.
SEC. 3. Dcf7".£].o7i a/ Tcr7#s.  -The following definitions are hereby adopted to
enforce the provisions of this Act.
a.   D¢rtgcrows drI.I)£7zg 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 persons, and/or damage .to property on the road or on the
sidewalk.


b.   Rcckzcss drt.zJ{.7?g 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 a clear or likely risk of
death or injury to any person or damage to property, on the road or on
the sidewalk.
c.    Sctl.cz.d#Z  d7iz„.71g  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 oneself.
d.   Tcrror!.sft.c czrz.ui.7tg 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
deaths or injuries on other persons on the road or on the sidewalk with
the  clear  intent  to  cause  mayhem,  chaos,  panic,  and  terror  in  the
furtherance of an extrelnist political or religious purpose.
e.    C¢rcJcss  dr!.zJ{.77g  is  grossly  negligent  failure  to  operate  or  control  a
vehicle,  motorized  or  not,  in  a  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.
f.    J7Hp¢i.red drz.z#.7tg is the 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, a medical emergency,
intoxication, use of illegal drugs,  overdose, or misuse of medication,
advanced age, physical or mental disability, or distracted driving.
9.   Jrrcspo7isI.bze cwsfody a/ ¢ zJchi.cZc 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
dangers arising from, but not limited to, driving by minors, driving by
seniors  with  manifest  impaired abilities,  amateur stunt driving,  and
distracted driving.
h.   N¢£i.o7t¢Z  Roflds  comprise  National  Primary,  Secondary,  and  Tertiary
Roads, as defined by Department Order No. 133 of the Department of
Public Works and Highways.


i.    LocoJ Roads consist of Provincial Roads, Municipal and City Roads, and
Barangay  Roads,  as  defined  by  Department  Order  No.  133  of  the
Department of Public Works and Highways.
SEC.  4.  Aggrflz7flf±.7tg  a.rc#msfcz7"es.    -   The  following  circumstances   shall
constitute aggravating circumstances in driving violations:
a.   Driving a stolen vehicle;
b.   Driving without a proper driver's license;
c.   Possession of or driving under the influence of illegal drugs;
d.   Driving while intoxicated;
e.   Possession of firearms, explosives, and other weapons; and
f .    Carrying   dangerous   cargo   such   as   combustible   materials   and
chenricals.
SEC.   5.   M!.fl.grfi.7tg   a.rct47#sto"ces.    -   The   following   circumstances   and
situations constitute mitigating circumstances in driving violations:
a.   Fast driving due to a medical emergency to rush to a hospital or other
medical facility for immediate care;
b.   Pursuit of a suspect in a crime who is fleeing or has just fled from the
scene of a crime;
c.   Rushing home or to the workplace because of a fire or other disaster;
and
d.  Serious  to gross defects in the design and construction of roads and
bridges, and of traffic signs and warnings.
SEC.  6.  Crindnal,   Civil,  and  Adrndnistrative  Liability.   -Dangerous  driving,
reckless  driving,  careless  driving,  suicidal  driving,  terroristic  driving,  impaired
driving, irresponsible custody of a motor vehicle, and violation of traffic rules and
regulations carry criminal, civil, and administrative liability.
SEC.  7.  Prcs#777pfz.o77  a/ L!.¢ZJ!.Zt.dy.  - The initial presumption of liability 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  liability  must  be  either  in  writing in a traffic
incident  report  or  orally, with witnesses present, while the law enforcer's lawful
arrest without a warrant or civilian citizen's arrest is being made.
A person in authority or deputized law enforcer may order the confiscation or
personally  and  ilnmediately  confiscate  the  driver's  license  of  a suspected erring


driver to prevent or avoid probable immediate future danger to serf or other persons
on the road or sidewalk.
Whether  the  driver  or  drivers  are  initially  liable  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 liable when:
a.   The driver flees from the scene of the road safety incident;
b.   The   driver   was   driving   at   high   speed   according   to   recorded
eyewitness' accounts taken at the scene of the road safety incident;
c.   The  driver  had  just  committed  at  least  one  serious  traffic  violation
immediately prior to the incident ;
d.  The driver is intoxicated or under the influence of illegal substances or
prescription medication;
e.   The driver does not have a driver's license or has an expired driver's
license;
f.    The victim is a bicycle rider wearing safety devices or gears traveling
on the rightmost lane or designated bike lane, as the case may be; and
9.   The  victim  is  a  motorcycle  driver  wearing  safety  devices  or  gears
traveling in the designated motorcycle lane.
The driver is presumed not liable, or not totally at fault, for the incident under
investigation when:
a.   The victim, as a result of intoxication or influence of illegal substances,
engages in conduct that is in violation of traffic laws and regulations;
b.   The victin was not crossing the street at a designated pedestrian lane
or footbridge;
c.   The victim jaywalked;
d.  The victim is a driver of a motorcycle, bicycle, or tricycle traveling on
national and local roads below the minimum speed limit and not on
the rightmost lane of the roadway or designated bike lane;
e.   The victim is a driver who, at the exact time of the incident, did not
have the right of way on the road;
f .    The driver did not flee from the scene of the road safety incident;
9.   The driver, at the time of the incident, has a medical emergeney such
as, but not limited to, heart attack, stroke, asthma attack, or diabetic
shock; and
h.  The driver of the other vehicle has non-functional or lacks headlights,
tail lights, and other waning devices.


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.
SEC.  8.  Pc7[flzfi.es ¢7td Lz.¢Z7!7z.fI.es.  -  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 the victim or
victims,  the provisions of Article 248 of the RPC, as amended, and corresponding
punishment, including the factoring in of aggravating and mitigating circumstances,
shall apply.
For the crime of reckless driving causing the unintentional death of the victim
or victims, the provisions of Article 249 of the RPC, 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 RPC 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, 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 a 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.  Further, 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 from 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 a five (5)-year suspension
of the driver's license, as well as fines provided in Republic Act 10951.
For driving resulting in the destruction of property other than the offender's
own vehicle, the administrative penalty shall be a three (3)-year 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
adrfunistrative penalty shall be one (1) year, as well as fines provided in Republic Act
10951.
SEC. 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.
SEC.  10.  Sapflr¢Z7t.Jt.fy  a¢#sc.   If  for  any  reason  or  reasons,  any  portion  or
provision of this Act is held unconstitutional or invalid, the remaining portions or
provisions not affected thereby shall continue to be in full force and effect.
SEC. 11. Rcpcflzi.77g CZ#wsc. All laws,  decrees, executive orders, proclamations,
rules, regulations, and other issuances or parts thereof which are inconsistent with
the provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC.  12.  £#ecf!.u{.fry.  The  Act  shall  take  effect  fifteen   (15)   days  after  its
publication in the Official Gazette or in two (2) newspapers of general circulation/ or
a newspaper of general circulation.
Approved,