TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 338
25 JIJL -9 P5 :23
Introduced by Senator JV Ejercito
AN ACT
DEFINING DEFENSIVE DRIVING AND PROVIDING FOR THE PROTECTION 
OF MOTOR VEHICLE DRIVERS INVOLVED IN A ROAD ACCIDENT WITH 
SUFFICIENT PROOF OF THEIR DEFENSIVE DRIVING
EXPLANATORY NOTE
According to the Land Transportation Office, data from the Philippine National 
Police (PNP) reported an increase in road accidents in 2024 compared to 2023 which 
showed a 35% increase in road accident fatalities. The same PNP data disclosed that 
27,248 or 87.17 percent of the road accidents were caused by reckless driving such 
as bad overtaking, improper turning, speeding, drunk driving, overloading and using 
mobile phones while driving.1
Road accidents caused by reckless and negligent drivers, often result to an 
unjust situation where innocent drivers are arrested and detained by authorities when 
the at-fault drivers have been killed or seriously injured due to their own negligence.
The accident that occurred in 2024 on Skyway Stage 3 in Quezon City 
exemplifies this issue. An intoxicated motorcycle rider, going against traffic flow, 
collided with an oncoming Asian Utility Vehicle (AUV). Tragically, the motorcycle rider 
succumbed to his injuries. Despite being an obvious victim of the other party's
1 https://lto.gov.ph/news/lto-embarks-on-comprehensive-data-analysis-for-holistic-govt-intervention-on-road- 
accidents-road-rage/


recklessness, the AUV driver was detained2, sparking outrage among the public. These 
incidents persist and will continue to persist, unless we take legislative action.
This bill seeks to define the protection for a defensive driver involved in a traffic 
or road accident that will prevent his/her arrest and detention if he/she can present 
sufficient proof or evidence of his/her innocence or that he/she was not violating any 
traffic laws before and during the incident through a dashcam video, a closed-circuit 
television (CCTV) footage, or any other video footage or stili image from other witness.
However, the legislative proposal does not, in any way, exonerate the defensive 
driver of any liability that may be proven against in a court of law. This bill only ensures 
that innocent drivers are not unfairly penalized.
In cases where individuals can provide compelling evidence of their innocence 
or defensive driving, authorities should swiftly release them. By prioritizing the swift 
release of innocent drivers and conducting thorough investigations, we can establish 
a more equitable and just system that protects the rights of all parties involved in 
accidents.
The approval of this bill is earnestiy sought.
JV EJERCITO
https://news.abs-cbn.eom/news/2024/3/14/suv-driver-in-skyway-counterflow-incident-released-hpg-1441
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TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
25 JUL-9 P5:23
S. No.
SENATE
338
Introduced by Senator JV Ejercito
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AN ACT
DEFINING DEFENSIVE DRIVING AND PROVIDING FOR THE PROTECTION 
OF MOTOR VEHICLE DRIVERS INVOLVED IN A ROAD ACCIDENT WITH 
SUFFICIENT PROOF OF THEIR DEFENSIVE DRIVING
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 "Defensive Driving 
Protection Act".
Sec. 2. Definition of Terms. - For purposes of this Act, the following terms shall 
be defined as follows:
(a) Defensive Driving refers to a proactive approach to road safety and involves 
anticipating and responding to potential hazards, keeping an appropriate 
distance from other vehicles, and staying alert for possible risk on the road.
(b) Dashboard Camera refers to a camera that is mounted in or around the 
dashboard of a motor vehicle. It faithfully records all it sees as the vehicle 
moves about its daily business.
(c) Law Enforcement Officer refers to all officers of the law who exercise the 
powers of arrest or detention.
Sec. 3. Proof of Defensive Driving. - Any person driving a motor vehicle who is 
involved in a traffic accident shall not be detained by the law enforcement officer if he 
or she can provide credible evidence of his or her defensive driving such as, but not 
limited to the following:
(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;


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(b)A closed-circuit television (CCTV) footage showing that the driver of the
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motor vehicle was not violating any traffic rules before and during the
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incident; or
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(c) Any other video footage or still image from any witness in the vicinity of the
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incident showing that the driver of the vehicle was not violating any traffic
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rules before and during the incident.
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Provided, that the presentation of the foregoing evidence shall not exonerate
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the driver of the motor vehicle from any liability under the law.
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Provided, further, that any other person who suffered injury to himself or
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herself or his or her property, or the heirs of the person who died due to the road
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accident shall retain the right to pursue all other legal remedies available to them
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under the law.
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Sec. 4. Authority of the Law Enforcement Officer. - Notwithstanding the
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presentation of evidence under Section 3 of this Act, the law enforcement officer shall
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have the authority to acquire and process the personal information of the driver of the
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vehicle involved in the incident, and impound the vehicle involved in the incident, in
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accordance with pertinent laws, rules and regulations.
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Sec. 5. Separabiiity Clause. - If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisiorl not affected thereby shall
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remain in force and effect.
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Sec. 6. Repealing Clause. - All laws, presidential decrees, executive orders, rules
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and regulations and other issuances, or any part thereof, inconsistent with this Act
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are hereby repealed, modified, or amended accordingly.
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Sec. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in at least two (2) newspapers of general
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circulation.
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Approved,