THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
SNO. 1898 
p. 
Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
A motor vehicle driven by a person under the influence of alcohol and/or drugs 
becomes a dangerous machine and even a potentially fatal weapon that may result to 
unfortunate deaths. Precious Baldo, a twenty-year old UP student from Benguet, was killed 
after a car driven by an alleged drunk driver rammed into a sidewalk near UP'S Kamia 
Residence Hall on February 18, 2003, while she was quietly sitting and passing time with 
her companions who were critically injured as well. 
Drunk driving or driving under the influence of alcohol and/or drugs, which remains a 
worldwide leading factor in motor vehicle accidents, is a big problem in our country that has 
not been properly addressed. While official reports (or the lack thereof) do not accurately 
show the deleterious effects of drunk driving in our country, it cannot be denied that it is 
indeed a grave public concern that needs to be dealt with more seriously. Our antiquated 
laws, particularly Republic Act No. 4136, as amended, or the Land Transportation and 
Traffic Code, which merely prohibits driving under the influence of liquor or narcotic drug 
with a corresponding miniscule penalty for violation, do not address the seriousness of the 
matter. 
In many jurisdictions, driving under the influence of alcohol and/or drugs is 
considered a great concern that is combated through stricter penalties and methodical laws 
that seek to effectively and efficiently eliminate the problem. 
There must be full personal and social responsibility for the incidence of drunk 
driving in our country. In addition to providing better means of law enforcement and stiffer 
penalties for driving under the influence of alcohol and/or drugs, this bill seeks to tackle 
drunk driving through a comprehensive systems approach, which includes driver education, 
mandatory alcohol and drug testing of drivers involved in fatal motor vehicle accidents, the 
establishment of a drunk driving prevention fund for the purpose of funding the 
implementation of this proposed legislation, and the conduct of public information 
campaigns by alcohol beverage manufacturers about drunk driving and its ill effects with the 
end in view of preventing the same. 
{RICHARD J. GORDON 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
!:,,. 
".I 
~ . :  
. ,  
. ,  
O t  THE PHILIPPINES 
) 
._ 
First Regular Session 
1 
SENATE 
. ,  
P 
S. No. 
Introduced by Senator Richard J. Gordon 
AN ACT TO PREVENT AND PUNISH 
DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Drunk Driving Prevention 
and Punishment Act." 
Sec. 2. Policy. - It is the policy of the State to protect its people from hazards 
brought about by driving under the influence of alcohol and/or drugs that foolishly endanger 
life and property. 
Sec. 3. Definitions. - For purposes of this Act, 
(1) "Motor vehicle" refers to anything that carries people or goods powered by a 
motor or engine. 
(2) "Driving under the influence" refers to the act of operating a motor vehicle while 
intoxicated with alcohol and/or drugs when the driver's mental and motor skills are impaired, 
or when the driver's blood alcohol concentration level is 0.08 or more. 
(3) "Field sobriety tests" refers to standardized tests, including the horizontal gaze 
(4) "Chemical tests" refers to breath, urine or blood tests to determine the blood 
nystagmus, the walk-and-turn, and the one-leg stand, to assess intoxication. 
alcohol content level and/or the positive indication of drugs. 
(5) "Driving under the influence resulting to physical injuries" refers to the unlawful 
and unintentional physical injuries of a person caused by a driver while driving under the 
influence. 
(6) 
"Driving under the influence resulting to homicide" refers to the unlawful and 
unintentional death of a person caused by a driver while driving under the influence. 


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Sec. 4. Driver Education. - Every applicant for a driver's license shall complete a 
course of instruction that provides information on driver and safety matters, including the 
effects of consumption of beverage alcohol products and the use of illegal drugs, 
prescription drugs, and non-prescription drugs on the ability of a person to operate a motor 
vehicle; the hazards of driving under the influence; and the penalties for driving under the 
influence. 
The driver's license test shall include written questions concerning the effects of 
consumption of beverage alcohol products and the use of illegal drugs, prescription drugs, 
and non-prescription drugs on the ability of a person to operate a motor vehicle and the 
legal and financial consequences resulting from violation of the law prohibiting driving under 
the influence. 
Sec. 5. Driving Under fhe Influence. - It shall be unlawful for any person to be driving 
under the influence. When a law enforcement officer has probable cause to believe a driver 
to be driving under the influence due to manifestations, including erratic driving, poor 
coordination, or the presence of the smell of alcohol, the officer shall conduct field sobriety 
tests. If the driver fails the field sobriety tests, the driver shall be required to undergo 
chemical tests. 
Sec. 6. Penalties. - Any person found to be driving under the influence not resulting 
to physical injuries or homicide shall be punished with the penalty of prision correccional, or 
a fine ranging from twenty thousand pesos (PhP20,OOO) to eighty thousand pesos 
(PhP80,000), or both. 
Any person who commits driving under the influence resulting to physical injuries 
shall be punished with the same applicable penalties as provided in Art. 263 of the Revised 
Penal Code or with the same penalty as provided in the next preceding paragraph, 
whichever is higher. 
Any person who commits driving under the influence resulting to homicide shall be 
punished with the same penalty as provided for homicide in Art. 249 of the Revised Penal 
Code. 
The driver's license of any person found to be driving under the influence shall also 
be confiscated and suspended for a period of six (6) months for the first conviction and 
twelve (12) months for the second conviction. A conviction for the third time under this Act 
shall result in the revocation of the driver's license and perpetual disqualification to hold a 
driver's license. 


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Sec. 7. Mandafory Alcohol and Drug Testing of Drivers lnvolved in Fatal Motor 
Vehicle Accidents. -When the driver of a motor vehicle is involved in an accident resulting 
in loss of human life, or where there is reason to believe that death may have resulted from 
an accident, and there exists probable cause to believe that the driver is guilty of driving 
under the influence, chemical tests shall be administered to the driver, including those 
fatally injured, to determine the presence and concentration of alcohol andlor drugs. 
Sec. 8. Public Hospitals. - For purposes of this Act, all public hospitals are reqhired 
to have facilities for chemical tests to determine the presence and concentration of alcohol 
andlor drugs. Public hospitals shall be given preference in the administration of chemical 
tests pursuant to this Act. 
Sec. 9. Drunk Driving Prevention Fund. - A fee of not more than ten percent (10%) 
of the fees and charges for license and motor vehicle transactions is hereby imposed to 
constitute the drunk driving prevention fund for the purpose of funding the implementation of 
this Act, including the training of law enforcement officers to conduct field sobriety tests and 
the procurement of the needed supplies and equipment for the administration of chemical 
tests. 
Sec. 10. Alcohol Beverage Manufacturers. - All alcohol beverage manufacturers are 
required to conduct public information campaigns to educate the public about driving under 
the influence and its ill effects with the end in view of preventing the same. 
Sec. 11. Repealing Clause. - Republic Act No. 4136, as amended, and all laws, 
decrees, orders, rules and regulations or other issuances or parts thereof inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly. 
Sec. 12. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
Sec. 13. Effectivity. - This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines. 
Approved,