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MANILA, Philippines — Another bill seeking to protect nonaccountable motorists who figured in accidents caused by reckless drivers was filed at the House of Representatives.
House Bill (HB) No. 10679 or the proposed Defensive Driving Act of 2024 was filed by PBA party-list Rep. Margarita Nograles and Davao Oriental 2nd District Rep. Cheeno Almario in a bid to amend Article 124 of the Revised Penal Code.
Dubbed the “Anti-Kamote Driver Bill,” HB No. 10679 seeks to insert provisions in Article 124 that prevent the detention of motorists who may figure in accidents but were not responsible for the incident.
Proof of non-accountability, the bill states, can come in the form of a dashboard camera footage showing that “he or she was not violating any traffic laws before and during the incident”; a closed-circuit television camera footage showing the same; or any other video footage or still images from witnesses in the vicinity of the incident.
“This bill prevents innocent drivers from being doubly victimized—first by reckless drivers and then by an unfair legal process. Not all drivers can afford bail and pay a good lawyer. Mahirap naman na ikaw na nga ang binangga tapos ikaw pa ang makukulong,” Nograles’ statement reads.
(It’s wrong that someone who was dragged into an accident would be jailed.)
Nograles said one of the reasons why the bill was filed was the drunk motorcycle driver who died last March after doing a counterflow on the Skyway Stage 3 northbound lane, particularly near the portion of the Balintawak Interchange going to the North Luzon Expressway.
READ: Skyway accident raises anew concerns over safety standards
The drunk motorcycle driver caused a head-on collision with an Asian Utility Vehicle (AUV). However, under current procedures, the AUV driver faced complaints because the rider died. The AUV driver was eventually released from custody after a Quezon City prosecutor dismissed the complaint.
READ: QC prosecutor dismisses case vs SUV driver in Skyway crash
Nograles mentioned another incident last April 10, when a 60-year-old driver in Cebu City was jailed after figuring in an accident that he did not cause.
According to Nograles, the investigation showed that the motorcycle driver crashed on the Cebu South Coastal Road’s center island and flew into the opposite lane, hitting the senior citizen’s vehicle.
“Due to the deaths of the motorcycle driver and his companion, the poor senior driver was taken into police custody and temporarily detained. A charge of reckless imprudence resulting in double homicide was prepared by the police against him,” she added.
Despite leeway being given to a non-responsible party in case of an accident, the bill provides that responding officers can acquire the personal information of motorists and impound the vehicle.
The bill also explicitly states that the amendments shall not remove liability under the law just because the evidence was presented.
“Provided, further, that the arresting officer shall have the authority to acquire and process the personal information of the driver of the vehicle involved in the incident. The arresting officer shall also have the authority to impound the vehicle involved in the incident, in accordance to pertinent laws and rules and regulations,” the bill’s proposed amendment read.
“Provided, finally, the driver of the vehicle involved in the traffic incident shall not be exonerated from any liability under the law, based solely on the evidence provided under 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,” it added.
This is not the first time that a bill was filed to protect non-responsible parties in a road accident.
Taking off from the Skyway accident, 4Ps party-list Rep. JC Abalos on March 12 filed HB No. 10123 or the proposed Philippine Responsible Driving and Accountability Act.
READ: 4Ps solon files bill for responsible driving, correct accountability
According to Abalos, he filed HB No. 10123 because there have been cases where motorists, even if they have followed traffic rules and regulations, are penalized because the opposing side sustained more injuries or died.
“Historically, there have been cases where drivers were blamed – worse, even put behind bars – despite evidence showing the ones at fault were the other motorists or pedestrians,” Abalos said.