New bill to make laws, rules on reckless imprudence fair to drivers

**Monseratto** · January 6th, 2018 10:50 PM

Finally, someone noticed how stupidly the law has been applied...

https://www.autoindustriya.com/auto-...o-drivers.html

It's about time.

Party-list Representative Neil Abayon has just filed the first house bill of 2018, one that wants to amend laws applicable to traffic accidents, particularly with regards to reckless imprudence.

“Yesterday, I personally filed HB6925 which seeks to make laws on reckless imprudence fair,” said Rep. Abayon in a social media post. “Under current laws and procedures, drivers or motorists involved in road safety incidents and traffic violations are presumed at fault even when pedestrians an/or other motorists are at fault or also share fault.”

New House Bill to make laws, rules on reckless imprudence fair to drivers

The bill is a direct response to a series of incidents that have been publicized on social media, most recently one involving a truck that was broadsided by a motorcycle; the two-wheeled motorist was a teenager and was allegedly under the influence of alcohol.

“An example of this flawed system is the incident involving truck driver Tedy Gotis and an intoxicated teenager motorcycle rider who hit his truck but the laws still presumed Tedy as the one at fault just because he was driving a bigger vehicle,” continued Rep. Abayon.

In the incident cited by Rep. Abayon, the driver of the truck was the one arrested by the police and will unfortunately have cases automatically filed against him despite the merits of the incident are clearly and overwhelmingly in his favor.

Philippine law, particularly Article 365 in the Revised Penal Code which defines imprudence and negligence, is clear that the parties at fault should be penalized, but the application of the law is perceived by motorists to have been skewed against them when it comes to accidents involving riders of motorcycles or pedestrians. Even if the motorcyclist or pedestrian is at fault (i.e. intoxicated or jaywalking, respectively), so long as there are injuries sustained there is a good change that the driver of the vehicle will be arrested and have cases filed against him/her by the government.

AutoIndustriya.com consulted a lawyer regarding this matter on whether it is the law that needs addressing or the application of it, and the response we received clarifies things even further.

"I don't think there is anything wrong with the law, it is the way the law is being applied that is wrong," said our legal consultant who wished to remain anonymous. "The person who is negligent is liable, however liability can be shared by both parties if there is contributory negligence."

"Insofar as I know there is no presumption in the rules of evidence making the 'bigger vehicle' liable and without said presumption the burden of proof is on the accuser," continued our legal adviser.

This new bill, incidentally the first one to be filed in 2018, wants to make traffic accidents fair by addressing this supposed flaw in the legal system.

**StockEngine** · January 6th, 2018 11:12 PM

pass this HB! 👏👏👏

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**sean-archer** · January 6th, 2018 11:12 PM

About darn time

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**kagalingan** · January 6th, 2018 11:23 PM

dapat lang......

kung sino ang may kasalanan eh yun dapat managot....

example yung recent na bus and jeep salpukan...... obviously kasalanan ni jeep..... pero mga kamag-anak nung namatay galit na galit kay bus driver eh wala naman kasalanan....

at para sa akin yung mga violation na overspeeding and disregarding red light eh suspension of license agad.... bakit pa warning warning pa eh life and death yan....

**chronicle** · January 6th, 2018 11:35 PM

Anti kamote rider and anti fake bundol law.

**falken** · January 6th, 2018 11:39 PM

It's about time, pass this bill asap.

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**dr. d** · January 7th, 2018 12:01 AM

Originally Posted by kagalingan

dapat lang......

kung sino ang may kasalanan eh yun dapat managot....

example yung recent na bus and jeep salpukan...... obviously kasalanan ni jeep..... pero mga kamag-anak nung namatay galit na galit kay bus driver eh wala naman kasalanan....
..

walang pera yung jeep.
may kaya yung bus.

**yebo** · January 7th, 2018 12:30 AM

pati yung bwisit na "last chance doctrine" na pilipinas lang yata ang meron sana isali na dyan. nananahimik ka sa lane mo tapos meron ka-cut pag nabundol mo ikaw may kasalanan. only in the pilipins!

**_Cathy_** · January 7th, 2018 12:46 AM

Originally Posted by yebo

pati yung bwisit na "last chance doctrine" na pilipinas lang yata ang meron sana isali na dyan. nananahimik ka sa lane mo tapos meron ka-cut pag nabundol mo ikaw may kasalanan. only in the pilipins!

One of the heated topics in Tsikot lol

**Juan Martinez** · January 7th, 2018 01:07 AM

art. 365 of the rpc should be amended but not for the reason advanced by representative abayon.
reckless impudence resulting to homicide (or even multiple homicide) is punishable with imprisonment not exceeding 4 years and 2 months.