Defense Driving Act

Senato TWENTIETH CONGRESS OF THE Office of the Bertetary REPUBLIC OF THE PHILIPPINES MAR -3 P2:58 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1924 Introduced by Senator Erwin T. Tulfo AN ACT PROMOTING DEFENSIVE DRIVING, SAFEGUARDING THE CONSTITUTIONAL RIGHTS OF MOTORISTS INVOLVED IN TRAFFIC ACCIDENTS, PROHIBITING UNWARRANTED ARREST OR DETENTION ABSENT PROBABLE CAUSE OF RECKLESS IMPRUDENCE OR NEGLIGENCE, AND FOR OTHER PURPOSES EXPLANATORY NOTE Traffic accidents, particularly those resulting in death or serious injury, often trigger the automatic arrest and detention of the motorist involved, regardless of the circumstances. In practice, law enforcement protocols tend to presume negligence whenever a fatality occurs, leading to custodial detention even where clear evidence, such as CCTV footage, dashcam recordings, or eyewitness accounts, demonstrate that the motorist exercised due care and defensive driving, or that the proximate cause of the incident was attributable to another party or a fortuitous event. This practice results in the deprivation of liberty of motorists who may be entirely faultless, forcing them to remain in detention until a prosecutor finds no probable cause or until an affidavit of desistance is executed. Such automatic detention undermines the constitutional

guarantee that no person shall be deprived of liberty without due process of law and erodes the fundamental presumption of innocence. While Article 365 of the Revised Penal Code properly penalizes reckless imprudence and negligence, criminal liability must be determined based on competent and objective evidence establishing both negligent conduct and proximate causation. This proposed "Defensive Driving Act" seeks to strike a fair balance between public safety and individual rights. It clarifies that mere involvement in a traffic accident does not automatically justify detention; requires law enforcement officers to consider the totality of circumstances before effecting arrests or detention; reserves the rights of victims and their families to pursue civil, criminal, and administrative remedies; and holds law enforcement accountable for arrests made in manifest violation of the Act. The measure does not excuse negligent drivers. Rather, it ensures that detention is anchored on probable cause and objective evidence. In doing so, the bill promotes defensive driving, and safeguards the constitutional rights of motorists without compromising justice for victims. In view of the foregoing, the immediate passage of this bill is earnestly sought. ERWIN T. TULFO

Senate Offite of the beretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES MAR -3 P2:58 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1924 Introduced by Senator Erwin T. Tulfo AN ACT PROMOTING DEFENSIVE DRIVING, SAFEGUARDING THE CONSTITUTIONAL RIGHTS OF MOTORISTS INVOLVED IN TRAFFIC ACCIDENTS, PROHIBITING UNWARRANTED ARREST OR DETENTION ABSENT PROBABLE CAUSE OF RECKLESS IMPRUDENCE OR NEGLIGENCE, 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

2 "Defensive Driving Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to

5 uphold the constitutional guarantee that no person shall be deprived of 6 liberty without due process of law, ensure that criminal liability under 7 Article 365 of Act No. 3815, otherwise known as the "Revised Penal 8 Code", is determined based on competent evidence of negligence and proximate cause, and prevent the unwarranted detention of motorists based solely on the basis of involvement in a traffic accident.

SEC. 3. Definition of Terms. - As used in this Act:

a) "Closed-Circuit Television (CCTV)" refers to a video surveillance system that can capture images or recordings of a specific area for security or monitoring purposes; b) "Dashboard Camera (Dashcam)" refers to an onboard audio- video recording device installed in a motor vehicle that continuously records road conditions, surroundings, and related events while the motor vehicle is in operation; c) "Defensive Driving" refers to the proactive set of driving practices involving the exercise of reasonable care, caution, and foresight expected of a reasonably prudent driver under prevailing road, traffic and environmental conditions in order to reduce the risk of traffic accidents and collisions and enhance road safety; d) "Global Positioning System (GPS)" refer to a satellite-based navigation system that provides geolocation and time information to a receiver device; e) "Law Enforcement Officer" refer to any government officer duly authorized by law to enforce traffic laws, investigate traffic incidents, and to effect lawful arrests or detentions; t) "Motor Vehicle" refers to any vehicle propelled by any power other than muscular power using the public highways, as defined under Republic Act No. 4136, otherwise known as the "Land Transportation and Traffic Code"; g) "Motorist" refers to any person who drives, operates, or is in actual physical control of a motor vehicle upon a public highway or thoroughfare, whether for private use or for hire to the public.

SEC. 4. No Presumption of Negligence from Mere Involvement. -

2 Mere involvement in a traffic accident shall not, by itself, give rise to a presumption of negligence. Criminal liability shall attach only if evidence establishes that the motorist's act or omission constitutes reckless imprudence and is the proximate cause of the death or injury of another person.

SEC. 5. Prohibition Against Automatic Arrest or Detention. -

10 Consistent with the Rules of Criminal Procedure, a motorist involved in a traffic accident resulting in the death of or injury to another person 12 shall not be automatically detained or arrested by law enforcement officers without a valid warrant when the available evidence reasonably indicates that: a) The motorist holds a valid driver's license; b) The motorist is not under the influence of alcohol or dangerous drugs, as determined by lawful testing; c) The motorist complied with applicable traffic laws and regulations; and d) The proximate cause of the accident appears attributable to another person's unlawful act or omission, or to fortuitous events beyond the control of the motorist.

SEC. 6. Exceptions. - The provisions of Sections 4 and 5 shall not

apply where the motorist: a) Flees the scene; b) Refuses to submit to lawful sobriety or drug testing; c) Tampers with or destroys evidence; or d) Otherwise obstructs justice.

SEC. 7. Determination of Probable Cause. - In assessing

probable cause in traffic accidents, law enforcement officers shall consider the totality of circumstances, including: a) Physical and forensic evidence from the scene;

b) Authenticated video recordings; c) Credible eyewitness testimony; d) Results of sobriety or drug testing conducted within a reasonable period, not exceeding six (6) hours from the incident, unless medically impracticable; e) Road, lighting, and weather conditions; t) Compliance with traffic rules and regulations; and g) Evidence of contributory or sole negligence of other parties. When recommending detention or the filing of charges, the investigating law enforcement officer shall prepare a written 12 justification stating the factual and legal basis thereof.

SEC. 8. Proof of Defensive Driving. - A motorist may voluntarily

present evidence demonstrating defensive driving, or the exercise of due diligence, including but not limited to: a) Dashcam recordings; b) CCTV footage; c) GPS or vehicle-generated data; or d) Independent witness recordings. The mere presentation of such evidence shall not automatically exonerate the motorist from any liability under existing laws but shall be considered in determining whether arrest or detention is warranted. Tampering, alteration, or fabrication of evidence shall be punishable under existing laws.

SEC. 9. Preservation of Legal Remedies. - Nothing in this Act

shall impair the right of injured parties or the heirs of deceased persons to pursue civil, criminal, or administrative remedies under existing laws.

SEC. 10. Administrative Accountability. - Any law enforcement

officer who orders arrest or detention in manifest violation of this Act, may be subject to administrative sanctions under applicable laws.

SEC. 11. Separability Clause. - Should any provision or part of

this Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 12. Repealing Clause. - All laws, decrees, orders,

proclamations, rules and regulations, or parts thereof, which are inconsistent with this Act are hereby repealed, amended, or modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days

12 after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,