Senator JV Ejercito has filed a measure seeking to define “defensive driving” in law and provide protection for motorists involved in road accidents who can prove they were not at fault.
In his explanatory note, Ejercito cited data from the Land Transportation Office (LTO), based on reports from the Philippine National Police (PNP), showing a 35 percent increase in road accident fatalities in 2024 compared to 2023.
Of the 27,248 recorded road accidents, 87.17 percent were attributed to reckless driving, including improper overtaking and turning, speeding, drunk driving, overloading, and the use of mobile phones while driving.
Ejercito said such incidents often lead to situations where innocent drivers are arrested and detained, particularly when the at-fault party is killed or seriously injured.
“Road accidents caused by reckless and negligent drivers often result in 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,” he explained.
He then cited a 2024 incident along Skyway Stage 3, where an intoxicated motorcycle rider traveling against traffic collided with an oncoming Asian Utility Vehicle (AUV).
The rider later died from his injuries, while the AUV driver was detained despite claims that he was not at fault.
Under the proposed measure, a driver involved in a road accident who can present sufficient proof of defensive driving—such as dashcam footage, closed-circuit television (CCTV) recordings, or other video or still images from witnesses—may be protected from arrest and detention.
The bill clarifies that the proposed protection does not automatically absolve a driver of civil or criminal liability.
Instead, it aims to prevent the immediate arrest or detention of individuals who can show evidence that they were complying with traffic laws before and during the incident.
“In cases where individuals can provide compelling evidence of their innocence or defensive driving, authorities should swiftly release them,” Ejercito said, adding that thorough investigations must still be conducted.
The senator said the measure seeks to establish a more equitable system that safeguards the rights of motorists while ensuring accountability through proper legal proceedings.