Solon to advance Senate version of Defensive Driving Act

Operating a motor vehicle demands significant responsibility. Drivers are accountable not just for their own safety, but for the well-being of their passengers and all other road users.

Here in the Philippines, that substantial responsibility takes a critical turn, as drivers are automatically presumed to be at fault in a road crash. This presumption is particularly strong when the other party suffers critical injuries or is a pedestrian. Remember that Skyway Stage 3 incident not too long ago when a drunk motorcycle rider went in the opposite direction and crashed into the oncoming vehicle? Yes, the driver was detained.

Now in the 20th Congress, Senator Joseph Victor “JV” Ejercito, has vowed to push for several priority bills he had authored, with one particularly affecting road users. Senate Bill (SB) 338, or the Defensive Driving Act of 2024, prohibits the detention of motor vehicle drivers who are involved in a traffic accident if he or she can provide sufficient proof of their defensive driving.

Sufficient proof

SB 338 introduces a provision stating that an arresting/police officer may not detain a driver who can present adequate proof of defensive driving during an incident. Acceptable evidence includes dashcam, CCTV, or other video/photo footage that clearly shows the driver adhered to traffic rules before and during the occurrence.

For example, if a motorcycle disregards a red light and crashes into another vehicle proceeding lawfully, the driver of that vehicle would not face detention if they could substantiate their non-violation, irrespective of the injuries or damage incurred by the motorcycle rider.

Not out of the frying pan

This, however, does not automatically mean that the driver—who was driving defensively and following traffic rules—is out of the frying pan.

The last part of Section 2 of HB 338 says “Provided, finally, that the driver of the vehicle involved in the traffic incident shall not be exonerated from any liability the law, based solely on the evidence provided in this article. Any other 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.”

In layman’s terms, even if a driver proves they weren’t violating traffic rules at the time of an incident (like with a dashcam video), that doesn’t automatically clear them of all responsibility or guilt under the law.

It also means that if someone was hurt, their property was damaged, or someone died because of the incident, they (or their family) still have every right to file lawsuits or pursue other legal actions against the driver, even with that driver’s evidence. The proof of defensive driving just prevents immediate detention; it doesn’t close the door to other legal claims or monetary settlements.

Congress version

A version in the House of Representatives has also been filed in 2024. House Bill (HB) 10679 or the Defensive Driving Act of 2024, was filed by representatives Margarita Nograles of PBA Party List and Cheeno Almario of Davao Oriental.

Dubbed as the “Anti-kamote Driving” bill, HB 10679 seeks to prohibit the detention of the “person driving a motor vehicle” involved in a traffic incident, provided that he or she can provide proof that he or she is not at fault.