SEN. Erwin Tulfo has filed Senate Bill 1924, or the proposed Defensive Driving Act, which aims to prevent the automatic arrest and detention of motorists involved in traffic accidents without clear evidence of negligence. ​The bill, introduced on March 3, seeks to balance public safety with constitutional protections by requiring law enforcement to establish probable cause before taking motorists into custody. ​In his explanatory note, Tulfo raised concerns over what he described as a prevailing practice among authorities to presume driver negligence — particularly in accidents resulting in death or serious injury — leading to immediate custodial detention. ​He noted that motorists are often detained even when available evidence, such as CCTV footage, dashcam recordings or eyewitness testimony, may show they exercised due diligence or that the incident was caused by other factors. ​”Such automatic detention undermines the constitutional guarantee that no person shall be deprived of liberty without due process of law,” Tulfo said. ​The proposed measure reinforces protections under the Philippine Constitution, particularly the presumption of innocence and the right to due process. It clarifies that mere involvement in a traffic accident does not constitute sufficient grounds for arrest or detention. ​Tulfo underscored the principle that criminal liability must be established solely based on objective and competent evidence. This includes the requirement for demonstrable proof of negligent conduct, as well as a direct link between the behavior and the resulting harm. ​The bill also aligns with existing provisions under the Revised Penal Code of the Philippines, specifically Article 365, which penalizes reckless imprudence and negligence. ​Among the proposed measure’s core provisions are a probable cause requirement, protection against unlawful detention, accountability mechanisms and the preservation of victims’ rights. ​Tulfo clarified that the bill does not absolve negligent drivers of responsibility but instead promotes responsible and defensive driving while ensuring that innocent motorists are not unjustly deprived of liberty. ​”The measure does not excuse negligent drivers. Rather, it ensures that detention is anchored on probable cause and objective evidence,” he said.