GilB Nograles Files "Anti-Kamote Driver Law"

Kamote drivers beware!

In a landmark move aimed at curbing reckle driving and protecting innocent motorists, Puwersa ng Bayaning Atleta (PBA) Partylist Rep. Margarita “Migs” Nograles has filed House Bill No. 10679, also known as the Defensive Driving Act of 2024, or the "Anti-Kamote Driver Law."

This proposed legislation aims to protect responsible drivers from unjust detention and address the menace of reckless driving.

"Kamote driver," a term familiar to many Filipinos, refers to reckless and irresponsible drivers who pose significant risks on the road. This new bill is a direct response to public outcry and numerous incidents where innocent drivers have faced unwarranted detention following accidents caused by reckless individuals.

Under the proposed Anti-Kamote Driver Law, drivers involved in traffic accidents shall not be detained if they can immediately present evidence of their defensive driving. Acceptable evidence includes dashcam footage, CCTV recordings, or any other video or photographic proof showing compliance with traffic laws before and during the incident.

It amends Article 124 of the Revised Penal Code to prevent the detention of drivers who can provide proof of their defensive driving, thereby avoiding unnecessary mental, physical, and financial distress.

According to Nograles, the enactment of the Anti-Kamote Driver Law is a vital step towards promoting responsible driving and ensuring justice for all.  This should also encourage more Filipinos to equip their vehicles with dashcams. 

“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 said.

Nograles cited the case of a drunken motorcycle driver who died last March after counterflowing along Skyway Stage 3 and colliding head-on with an Asian Utility Vehicle (AUV). The AUV driver sustained injuries and despite having the right of way, is facing a complaint from the Highway Patrol Group before the Quezon City Prosecutor’s Office.

In another incident on April 10, 2024, a 60-year-old driver in Cebu City landed in jail after being involved in a collision along the viaduct of the Cebu South Coastal Road (CSCR). Investigation showed that the victim, a motorcycle driver, first crashed into a center island and was thrown into the opposite lane, eventually impacting the driver’s vehicle, causing the former’s death. The motorcycle driver’s backrider, a 28-year-old waitress, also died in the accident.

“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,” Nograles said in her explanatory note.

Nograles stressed that her proposed law is not just about preventing unjust detention but is also “about promoting responsible driving habits and ensuring that our justice system works fairly for everyone.”

Nograles noted however, that the bill also ensures that while innocent drivers are protected from unjust detention, they are not absolved of any civil or criminal liabilities arising from the incident. Victims and their families retain the right to pursue legal action.