Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.

Introduced by Hon. HARLIN NEIL J. ABAYON, III

EXPLANATORY NOTE

‘The proposed Philippine Responsible Driving and Accountability Act is
intended to update the country’s road safety laws, as well as laws on criminal,
civil, and administrative culpability and liability of drivers involved in traffic
violations and road safety incidents.

This bill also defines different types of unsafe driver behavior: dangerous
driving; reckless driving; suicidal driving; terroristic driving; careless driving;
impaired driving; and irresponsible custody of vehicle.

Under current laws and procedures, drivers or motorists involved in
road safety incidents and traffic violations are presumed at fault even when
pedestrians and/or other motorists are at fault or also share fault. This bill
seeks to make our laws also fair to the drivers who were not at fault.

In this bill, the driver is presumed to be not initially culpable or not totally
at fault for the incident under investigation when:

1) the victim is intoxicated or under the influence of illegal drugs or
prescription medication;

2) the victim was not crossing the street at a pedestrian lane or road
intersection;

3) the victim crossed the street or highway instead of using a nearby
pedestrian footbridge;

4) the victim is a bicycle rider not wearing safety devices or wearing dark
clothing;

5) the victim is a driver of a motorcycle, bicycle, or tricycle traveling on a

national highway under the minimum speed limit and not on the

rightmost lane of the roadway;

the victim is a driver who, at the exact time of the incident, did not have

right of way on the road;

7) the driver did not flee from the scene of the road safety incident;

8) the driver was suffering, at the time of the incident, a medical
emergency such as a heart attack, stroke, asthma attack, or diabetes
shock; and

6)

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9) the driver of the other vehicle has non-functional or lacking in head
lights, tail lights, and other warning devices.

The driver involved in a road safety incident is presumed to be initially
culpable when:

1) _ the driver flees from the scene of the road safety incident;

2) the driver was driving at high speed according to recorded eyewitness
accounts taken at the scene of the road safety incident;

3) the driver had just committed at least one serious traffic violation;

4) the driver is intoxicated or under the influence of illegal drugs or
prescription medication;

5) _ the driver does not have a driver's license or has an expired driver’s
license; and

6) _ the victim is a child younger than fifteen (15) years of age.

This bill also provides for the following mitigating circumstances in driving
violations:

1) Fast driving due to medical emergency to rush to a hospital or other
medical facility for immediate care;

2) Pursuit of a suspect in a crime who is fleeing or has just fled from the
scene of a crime;

3) Rushing home or to workplace because of a fire or other disaster; and

4) Serious to gross defects in the design and construction of roads and
bridges, and of traffic signs and warnings.

The initial presumption of culpability 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 culpability must be either in writing in a traffic
incident report or orally, with witnesses present, while the law enforcer’s lawful
arrest without warrant or civilian citizen’s arrest is being made.

A person in authority or deputized law enforcer may order the confiscation
or personally and immediately confiscate the driver's license of a suspected
erring driver to prevent or avoid probable immediate future danger to self or other
persons on the road or sidewalk.

Whether the driver or drivers are initially culpable or not, the law enforcer
investigating the road safety incident is required to secure the signed and sworn
statements of the drivers and other persons involved in and who witnessed the

incident.
oi @
J. ABAYON, III

Representative, AANGAT TAYO Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6925

HOUSE BILL NO.

Introduced by: Hon. HARLIN NEIL J. ABAYON, III

AN ACT
TO 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 the House of Representatives of the
Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the “Philippine
Responsible Driving and Accountability Act”.

Section 2. Declaration of Policy. - 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.

Section 3. Definition of Terms. The following definitions are hereby
adopted to enforce the provisions of this Act.

1) Dangerous driving with intent to kill or injure others 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 specific persons on
the road or on the sidewalk.

2

Reckless driving 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 clear or likely risk of or
causes death or injury to any person on the road or on the sidewalk.

3

Suicidal driving 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 self.

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4) Terroristic driving 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
death or injury on other persons on the road or on the sidewalk with
the clear intent to cause mayhem, chaos, panic, and terror in
furtherance of an extremist political or religious purpose.

5) Careless driving 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.

6) Impaired driving is 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, medical emergency,
intoxication, use of illegal drugs, overdose or misuse of medication,
advanced age, physical or mental disability, or distracted driving.

7)

Irresponsible custody of vehicle 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
danger arising from, but not limited to, driving by minors, driving by
seniors with manifest impaired abilities, amateur stunt driving, and
distracted driving.

Section 4. Aggravating Circumstances. The following circumstances
and situations constitute aggravating circumstances in driving violations:

1) Driving a stolen vehicle;

2) Driving without a proper driver’s license;

3) Possession of or driving under the influence of illegal drugs;

4) Driving while intoxicated

5) Possession of firearms, explosives, and other weapons; and

6) Carrying dangerous cargo such as combustible materials and
chemicals.

Section 5. Mitigating Circumstances. The following circumstances and
situations constitute mitigating circumstances in driving violations:

1) Fast driving due to medical emergency to rush to a hospital or other
medical facility for immediate care;

2) Pursuit of a suspect in a crime who is fleeing or has just fled from the
scene of a crime;

3) Rushing home or to workplace because of a fire or other disaster; and
4) Serious to gross defects in the design and construction of roads and
bridges, and of traffic signs and warnings.

Section 6. Criminal, Civil and Administrative Culpability and Liability.

Culpability and liability for road safety incidents and driving violations are of
varying degrees of gravity: criminal, civil, and administrative.

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1) Dangerous driving, reckless driving, careless driving, suicidal driving,

and terroristic driving carry criminal, civil, and administrative liability.
2) Careless driving, impaired driving, irresponsible custody of a motor
vehicle, and violation of traffic rules and regulations at multiple times
carry no criminal liability, but come with civil and administrative
liability.

First-time violation of traffic rules and regulations without aggravating
circumstances stated in this Act carry only administrative penalties.

3)

Section 7. Presumption of Culpability. The initial presumption of
culpability 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 culpability must be either in writing in a traffic
incident report or orally, with witnesses present, while the law enforcer’s lawful
arrest without warrant or civilian citizen’s arrest is being made.

A person in authority or deputized law enforcer may order the confiscation
or personally and immediately confiscate the driver's license of a suspected
erring driver to prevent or avoid probable immediate future danger to self or other
persons on the road or sidewalk.

Whether the driver or drivers are initially culpable 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 culpable
when:

1) the driver flees from the scene of the road safety incident;

2) the driver was driving at high speed according to recorded eyewitness
accounts taken at the scene of the road safety incident;

3) the driver had just committed at least one serious traffic violation;

4) the driver is intoxicated or under the influence of illegal drugs or
prescription medication;

5) the driver does not have a driver’s license or has an expired driver’s
license; and

6) the victim is a child younger than fifteen (15) years of age;

The driver is presumed not culpable or not totally at fault for the incident
under investigation when:

1) the victim is intoxicated or under the influence of illegal drugs or
prescription medication;

2) the victim was not crossing the street at a pedestrian lane or road
intersection;

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3) the victim crossed the street or highway instead of using a nearby
pedestrian footbridge;

4) the victim is a bicycle rider not wearing safety devices or wearing dark
clothing;

5) the victim is a driver of a motorcycle, bicycle, or tricycle traveling on a
national highway under the minimum speed limit and not on the
rightmost lane of the roadway;

6) the victim is a driver who, at the exact time of the incident, did not have
right of way on the road;

7) the driver did not flee from the scene of the road safety incident;

8) the driver was suffering, at the time of the incident, a medical
emergency such as a heart attack, stroke, asthma attack, or diabetic
shock; and

9) the driver of the other vehicle has non-functional or lacks head lights,
tail lights, and other warning 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.

Section 8. Penalties and Liabilities. 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 victim or
victims, the provisions of Article 248 of the Revised Penal Code, as amended, and
corresponding punishment, including the factoring in of aggravating and
mitigating circumstances, shall apply.

For the crime of reckless driving causing unintentional death of victim or
victims, the provisions of Article 249 of the Revised Penal Code, 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
Revised Penal Code 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 and 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 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, provided further that the exact award of civil damages,
indemnification, and obligations shall be determined by the proper court.

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For driving resulting in the death of any person, the administrative penalty
shall be permanent disqualification on 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 five (5) years
suspension of the driver’s license, as well as fines provided in Republic Act
10951.

For driving resulting in destruction of property other than the offender's
own vehicle, the administrative penalty shall be three (3) years 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
administrative penalty shall be one (1) year, as well as fines provided in Republic
Act 10951.

Section 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.

Section 10. Separability. - If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
continue to be in full force and effect.

Section 11, Repealing Clause. - All laws, executive orders, and
administrative orders or parts thereof inconsistent with any provision of this Act
are hereby repealed or amended accordingly.

Section 12. Effeetivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the online version of the Official Gazette or in two (2)

newspapers of general circulation or with established internet website presence.

Approved.

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