THIRTEENTH CONGRESS OF THE REPUBLl 
OF THE PHILIPPINES 
First Regular Session 
1 
S E N  
Introduced by Senator S. R. OsmeAa 111 
.
.
 , 
EXPLANATORY NOTE 
Alcohol is society’s legal, oldest, and most popular drug. In 2002, it was 
estimated that a total of 14,700 individuals in the United States, died in alcohol 
related traffic crashes. This figure comprises 41% of the 42,815 reported traffic 
fatalities. 
Here in the Philippines, although such figures are not similarly 
available, however, it is well known that driving under the influence of drugs or 
alcohol present a serious and growing threat to the safety of the populace. 
This bill seeks to define as a crime the act of driving any motor vehicle 
while under the influence of alcohol and/or drugs above prescribed limits. 
Furthermore, the bill seeks to establish the penalties to be levied against 
potential offenders. 
In view hereof, the approval of this measure is highly recommended. 
1 w- 
SERGIO OSMENA 
Senator 
YL 
111 
/rlg 


+e, .‘ 
St ‘u &YE 
*: HE 
I
-
 ‘ 
THIRTEENTH CONGRESS OF THE REPUBLI 
First Regular Session 
OF THE PHILIPPINES 
Introduced by Senator S. 
AN ACT 
DEFINING AS A CRIME THE ACT OF DRIVING ANY MOTOR VEHICLE 
WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES AND/OR I 
PROHIBITED 
DRUGS 
AND 
PROVIDING 
GRADUATED 
PENALTIES 
THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Drunk 
2 
Driving Act of 2004” 
3 
SEC. 2. Declaration of Policy. - It is hereby declared to be the national 
4 policy of the State to minimize, if not totally eliminate, injuries and death due to 
5 
accidents caused by persons driving or operating any kind of motor vehicle while 
6 
7 
under the influence of alcoholic beverages and/or prohibited drugs. 
SEC. 3. Prohibited Act-- It shall be unlawful for any person to drive or 
8 
operate any motor vehicle while under the influence of alcoholic beverages 
9 
and/or prohibited drugs. A person shall be considered under the influence of 
10 
alcoholic beverages if it shall be established that he has a blood alcohol 
11 
concentration (BAC) level of 0.6% or more. 
12 
SEC. 4. lmplied Consent- Any person who drives or operates a motor 
13 
vehicle on a street, road, highway or quasi-public area shall be deemed to have 
14 
given consent to a test or test of such person’s blood, breathe, urine or other 
15 
bodily substance for the purpose of determining his BAC level or the presence of 
16 
prohibited drugs. 
.
.
 I 
1 


1 
SEC. 5. Screening Tests.- Screening tests to determine probable cause of 
2 
violations of this Act may be administered by authorized law enforcement officers 
3 
on any driver or operator of a motor vehicle: 
4 
(1) exhibiting some indication of alcohol/ drug impairment while in motion, 
5 
such as weaving or coming dangerously close to stationary objects or other 
6 
vehicles: 
7 
(2) stopped for a traffic violation or any other offense alleged to have been 
8 
committed while in motion; or 
9 
(3) involved in an accident. 
10 
11 
The screening tests may consist of sobriety test such as the Standardized 
Field Sobriety Test (SFST) or chemical tests with the use of passive alcohol 
12 
13 
Department of Health (DOH). 
sensors such as breath analyzers and similar equipment duly approved by the 
.
.
 I 
14 
SEC. 6. Confirmatory Tesfs- Upon determination of probable cause of 
15 
violations of this Act, confirmatory chemical tests shall immediately be 
16 
administered at the direction of the apprehending law enforcement officer at the 
17 
laboratory of any authorized hospital, clinic or test center. Such tests shall consist 
18 
of blood or urine sample analysis or any equivalent test to be conducted by any 
19 
authorized medical or laboratory authority to determine the suspect’s BAC level 
20 
21 
or the presence of any prohibited drug in his system. 
SEC. 7. Refusal fo Submit to BAC Testing. The suspect may choose 
22 
which among the available confirmatory tests shall be administered on him: 
23 
Provided, however, That the failure, inability or refusal of the suspect to obtain 
24 
said tests shall not preclude the admission of evidence relating to the screening 
25 
tests administered by the apprehending law enforcement officer 
26 
27 
SEC. 8. Penalties- Any person found guilty of violating the provisions of 
this Act shall be sentenced to suffer any of the following penalties: 
2 
. 
.I 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(a) First Offense- A fine of One thousand pesos (P1,OOO.OO) and the 
suspension of his license to drive for one (I) 
year or thirty (30) days 
imprisonment, at the discretion of the court. 
(b) Second Offense- A fine of Five thousand pesos (P5,000.00), 
suspension of his license to drive for five (5) years and thirty (30) days 
imprisonment. 
(c) Third and all Subsequent Offenses- A fine of Ten Thousand pesos 
(PI 0,000.00) revocation of his license to drive and thirty (30) days imprisonment: 
Provided, That the additional penalty of one (I) year to five (5) years 
imprisonment shall b e  imposed upon the offender who shall commit the same 
offense during the period when his license to drive is suspended and/ or revoked. 
SEC.9. Liability Under Other Laws.- A prosecution under this Act shall 
be without prejudice to any liability for violation of any provisions of Act 3185, as 
amended, otherwise known as the Revised Penal Code; Republic Act No. 9165, 
or the Comprehensive Dangerous Drugs Act of 2002; or any other law. 
.
.
 I 
SEC. IO. Promulgation of lmplementing Rules and Regulations- The 
Department of Transportation and Communications (DOTC), in cooperation with 
the Traffic Management Group- Philippine National Police (TMG-PNP), the Metro 
Manila Development Authority (MMDA), the Department of Health (DOH), the 
Department of Justice (DOJ) and the Department of the Interior and Local 
Government (DILG), shall promulgate rules and regulations to implement the 
provisions of this Act and shall draft strategies that would encourage community 
participation and cooperation among local government units, the media and the 
PNP. 
SEC. 11. Separability Clause- If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provisions not 
otherwise affected shall remain valid and subsisting. 
SEC. 12. Repealing Clause- Section 53, in relation to Section 56 (9 of the 
Land Transportation and Traffic Code and all other laws, presidential decrees, 
3 


I 
executive orders, proclamations and/or administrative regulations which are 
2 inconsistent with the provisions of this Act, are hereby amended modified, 
3 
superseded or repealed accordingly. 
4 
5 
6 
national circulation. 
7 
Approved, 
SEC. 13. Effecfivity Clause- This Act shall take effect fifteen (15) days 
from its publication in the Official Gazette or in at least two (2) newspapers of 
4