Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

COMMITTEE REPORT NO. 666

27 FEB 2011

Submitted by the Commitee on ‘Fransportation on
Re; House BilNo. 4252

Recommending its approval in substitution of HB No. 382, HB No. 1516, HB No. 1899, HB.
No. 1998, HB No, 2454 and HB No. 2765

Sponsor/s: Reps. Roger G. Mercado. Gloria Macapagal-Arroyo, Diosdado Macapagal
Arroyo, Augusto L. Syjuco, Jr., Ben P. Evardone. Romeo M. Acop, Imelda Calixto-Rubiano
and [Emmeline Y. Aglipay

Mr. Speaker:

The Committee on Transportation wo which were referred House Bill No. 382
introduced by Reps. Gloria Macapagal-Arroyo and Diosdado Macapagal Arroyo entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”

House Bill No. 1516 introduced by Rep. Augusto f... Syjuco. Jr., entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”

House Bill No. 1899 introduced by Rep. Ben P. Evardone, entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”

House Bill No. 1998 introduced by Rep. Romeo M. Acop, entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”


House Bill No. 2454 introduced by Reps. Imelda Calixto-Rubiano and Amulfo G. Go,
entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”

House Bill No, 2765 introduced by Rep. Emmeline Y. Aglipay and Rachel Marguerite B. del
Mar, entitled:

<AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL”

has considered the same and recommends that the attached House Bill No.
entitled:

“AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES AND
FOR OTHER PURPOSES”

be approved in substitution of HB No. 382. HB No. 1516, HB No. 1899, HB No. 1998, HB
No. 2454 and HB No, 2765'with Representatives Gloria Macapagal-Arroyo, Diosdado
Macapagal Arroyo, Augusto L. Syjuco, Jr, Ben P, Evardone, Romeo M. Acop, Imelda
Calixto-Rubiano, Arnulfo G. Go, Emmeline Y. Aglipay, Rachel Marguerite 8. del Mar and
Roger G. Mercado as authors thereof,

Respectfully submited,
Ne
HON. ROGER G. MERCADO.

Chairman
Committee on Transportation

THE HONORABLE.
The Speaker


HOUSE OF REPRESENTATIVES
COMMITTEE ON TRANSPORTATION
48" Congress

1* Reguiar Session
MINUTES OF THE MEETING OF THE COMMITTEE ON TRANSPORTATION
HELD ON 09 FEBRUARY 2010 AT ROOM 7&8, RVM BLDG., HOUSE OF
REPRESENTATIVES, QUEZON CITY

RESOURCE PERSONS PRESENT:

Aity. Diosdado Silva - HEA, LRTA
Atty. Jose Belarmino - Legal Div.. LRTA
Mr. Romeo Macarina - PPA

Ms. Esia Hilario - PPA

Mr. Martin Valera = Dir. DOT

Mr. Rafae! Mosura, Jr = — ~~ Asst. GM. PNR
Dir. Evelyn Cajingal _ DoT

AiSec, George Esquerra boTC
Mr Alberto Suansing - DOTC
Mr. Michael Angelo Cabilao— LTFRB
Mr. Danilo Tolentino - Project Mgr. LRTA

I CALL TO ORDER:

The meeting was called to order at around 9.45 a.m. with Rep. Roger G. Mercado,
Chairman of the Committee. presiding.

i ROLL CALL / APPROVAL OF MINUTES OF THE PREVIOUS MEETING:

Rep. JV Ejercito moved to dispense with the roll cali and reading of minutes of
Previous meeting which was subsequently approved. There being no objection. the
motion was duly seconded by Rep. Ty and the same was approved.

ui, ACKNOWLEDGEMENT OF RESOURCE PERSONS / GUESTS:

Chairman Mercado thanked everyone for honoring the invitation ef the Committee.
He acknowledged the presence of the Members mmitially present and instructed the
Committee Secretary to acknowledge tne resource persons present

iv. OPENING REMARKS:

Rep. Mercado in his opening speech said that it is important in the development of
the country to legislate a comprehensive transportation law which will provide the
framework for a seamless land. sea. rail and air transportation system. This will
faciitate the efficient movement of goads and peopie. encourage flow of investments
and promote economic and social development He cited experiences of vanous
Countries to highlight his point on the need to improve the intermodal transport
system in the Philippines.


V. MEETING PROPER :

WITIAL DELIBERATION ON HB NO. 2222, ENTITLED: “AN ACT SETTING THE
DIRECTION OF AND PARAMETERS FOR THE DEVELOPMENT OF AND
REGULATION OF THE TRANSPORTATION SYSTEM IN THE PHILIPPINES AND
FOR OTHER PURPOSES” by Rep. Gloria Macapagal Arroyo

Rep. Ejercito lauded the intention of the bill which is significam. relevant and timely.
As an expression of support, he volunteered to sponsor HB2222 and read, for the
record, the explanatory note of tne bill Primarily, the bill intends to legislate an
integrated transportation policy which will provide for a viable, efficient, fast. safe and
dependable transportation system in the country. The author said in the explanatory
note that the system should be comprehensive but must take into consideration
important aspects like safety. security and environmental sustainability, The bill when
enacted into law will set tne direction and parameters for the development and
fequiation of transportation system in the country. It will harmonize existing laws
while replacing obsolete, inadequate and unresponsive transportation laws.

In support of the measure, the Chairman moved that atl members of the committee
be made co-author of the bill, The motion was duly seconded by Rep. Sarmiento and
the same was carned

Rep Sarmiento commended Chairman Mercado and the Committee on
Transportation for being active in setting up meetings, conducting puble hearings
ana doing ocular inspections. He finds the Committee very responsive and updated
‘on current issues and problems that beset the transportation sector. On the subject
matter at hand, he said that for the Philippines to uly develop its transportation
system the need to address the three (3) Ds of Development are key elements to
be considered: Density, Distance ard Division. He said that metro cities must have a
well-managed transport system. such that distance must be addressed by ease in
travel and frequency of flight schedules. Division however must be removed because
development necessitates collaborative efforts from ali sectors. HB2222, he said. will
adequately answer these three elements for development

Rep. Henedina Abad likewise expressed support to the measure. She said that any
law that sets to salve problems in the transportation sector should be supported. She
asked however to be enlightened on the intent of Sections 30 and 45 of HB 2222
which are provisions for liberalization of aviation industry and transparency
initiatives, respectively,

At this juncture, the Chairman informed the Body that Assistant Secretary Esguerra
Prepared a short powerpoint presentation on the subject matter. Thereafter
members of the Committee were given ume to comment and ask questions.

AiSec. Esguerra reported on DOTCs poltcy and institutional reform initiatives on
creating a coherent air, sea, rail and air transport system in the country. He said that
1182222 is parallel to the Comprenensive National Integrated Transportation Plan
that DOTC submitted to NEDA. The Pian contains the rehabilitation and construction


of national railway network, further development of the Roll-On Roll-Off (RORO)
system, and improved urban transport network plen for Metro Manila

As for the recent initiatives of the DOTC that are in line with the intention of the
House Bill under consideration. A/Sec. Esguerra informed the Committee that the
DOTC has updated its Website to make information more accessible to the public.
This sets for more transparency out he same is still subject to standard security
pratecais, Securing license and permits have become easy due to updated database
and information technology (IT) - enadung of alt DOTC documents

Rep Abad and Mel Sarmiento requested DOTC to submit to the committee copy of
4s Comprenensive National Integrated Transportation Plan Rep. Cesar Sanmento
asked DOTC and NEDA to hasten approval of the Plan because according to him
re private investors that already manifested interest to invest in the country
unger tne PPP scheme. Chairman Mercade and Abad inquirea how soon the
government can implement the programs ang projects presented. In reply. A/Sec.
Esguerra said that to execute the proposed projects, 2% af the GDP should be
buageted for infrastructure and at least 1% be apportioned specifically for
transportation projects, The government can compiete the projects in two (2) years
ume once funded and priorities set forth by the executive department have not
shiftea

On marine transportation, Chawman Mercado requested the DOTC to prioritize
compietion and improvement of ports, He suggested to include in HB2222 a section
inat automatically allocate funding for transport projects feading to tourist spots and
major agricultural farm areas

Thereafter, Reps. Apostol, Salimbangon. Gonzales, Montejo and Evardone inquired
into various issues Concerning thew airports and roro/ports. DOTC then committed
10 Suomit requested reports within a week.

Rep Aurelio Gonzales asked for an upaate on the North Rait project. He said that
the government spent billions on ine project for informal settlers relocation and
Payment for road right of way and yet the project has not proceeded as scheduled
Tms project when compieted will ease waffic in Metra Manila. He requested that
pians. contracts and list of contractors for the North and South Rail project be
supmitted to the committee. Moreover. he suggested that the Committee on
Transportation dedicate one meeting on the matter.

Ail other resource persons present were supportive of the principles embodied in
H62222 However, they requestea more time to study its implication on existing laws
and its effect on the functions of government agencies.

After extensive deliberations, Rep Cesar Sarmiento moved for the approval of the
measure and the creation of a Tachnical Working Group (TWG) to further study and
rafine ihe measure, There being ne onection the motion was carried The Chair
then asked concemed government agencies (a submit their official position papers
on te supject. The Chairman rekerated approval in principle of HB2222.. He set
a TWG meeting on Tuesday, 15 Fedruary 2011 with him as the TWG head



APPROVAL OF COMMITTEE REPORT PENALIZING DRIVING UNDER THE
INFLUENCE OF DANGEROUS DRUGS AND ALCOHOL

‘The Committee considered the final deuiberation on the measure penalizing persons
ariving under the influence of alcohol, aangerous drugs and similar substances. After
careful oeliberation. Rep. Tiangco moved for the approval of the measure There
being no objection and duly seconded the Chair and the members of the committee
unanimously approved the Commitize Report

Vi ADJOURNMENT :

There being no other matters to be discussed. the meeting was adjoumed at around
11:45 in the morning

| hereby certify to the correctness of the foregoing

“ ou Le
ANTONIA A, GIL
Committee Secretary

Aaested by

HON. ROGER G. MERCADO
Chairman, Committee on Transporation


ROE

=

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

FIFTEENTH CONGRESS:
First Regular Session

House Bill No. 4254

(:n substitution of HB No. 382, HES No. 1516, riB No 1899, HB No. 1898, HE No 2454 and HE No. 2765,

Introduced by Representatives
Gloria Macapagal-Arroyo, Diosdado Macapagal-Arroyo, Augusto L. Syjuco, Jr., Ben P. Evardone,
Romeo M. Acop, Imelda Calixto-Rubiano, Emmeline Y. Aglipay and Roger G. Mercado

AN ACT
PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL,
DANGEROUS DRUGS, AND SIMILAR SUBSTANCES AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Short Title. — This Act shall be known as the “Driving Under the
lafluence of Alcohol, Dangerous Drugs and Similar Substances Act of 2011",

Sec. 2. Declaration of Policy. — Pursuant to the Constitutional principle that
recognizes the protection of life and property and the promotion of the general welfare
as essential for the enjoyment of the biessing of democracy, it is hereby deciarea the
Policy of the State to ensure road safety through the observance of the citizenry of
fesponsible and ethical driving standards. Towards this end, the State shall penalize
the acts of driving under the influence of alcohol, and other intoxicating substances.
including dangerous and regulated drugs and shall inculcate the standards of safe
driving and the benefits that may be derived from it through institutional programs and
appropriate public information strategies

Sec. 3. Definition of Terms. — For purposes of this Act:

{a) Alcohol refers to alcoholic beverages classified into beer, wine and spirit. the
consumption of which produces intoxication,

(b) Breath analyzer refers to a kind of equipment which can determine the blood
alcohol concentration level of a person through one’s breath;


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(c) Chemica! test refers to breath. urine or blood test to determine the blood
alcoho! concentration level and/or positive indication of dangerous drugs and similar
substances in a person's body system,

(d) Driving under the influence of alcoho! refers to the act of operating a motor
vehicle while intoxicated with alconol by reason of which the driver's mental and motor
skills are impaired and when the driver's blood alcohol concentration level is zero point
zero five (0.05) grams per deciliter or more:

(@) Field sobriety tests refer to standardized tests to assess and determine
Intoxication, such as, the horizontal gaze nystagmus, the walt-and-tum and the oneteg
stand: ana

(f) Dangerous drugs and other similar substances refer to drugs listed in the
schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by
the 1972 Protocol. and in the schedules annexed to the 1971 Singie Convention of
Psychotropic Substances as enumerated in its attachment which is an integral part of
Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act
af 2062:

(g} Driving under the influence of dangerous drugs and other similar substances
refers to the act of operating a motor vehicle while intoxicated with dangerous drugs as
herein defined by reason of which the dver's mental and motor skills are impaired

(h) Motor vehicle refers to any tand transportation vehicle propelled by any
Power other than muscular power:

(\) Public utility vehicles refer to motor vehicles used to carry of transport
passengers or goods for hire; and

U) Motor vehictes designed fo carry hazardous materials refer to those designed
to carry or transport materials which may endanger health and lives of the public.

Sec. 4. Driver's Education. ~ Every applicant for a motor vehicle driver's license
shall complete @ course of instruction that provides information on safe driving,
including. but not iimited to. the effects of the consumption of alcoholic beverages on
the ability of a person to operate a motor vehicle. the hazards of driving under the
influence of alcohol or dangerous drugs and other similar substances, and the penalties
attached for violation thereof.

For professional drivers, every applicant for a driver's license or those applying
for renewal thereof shall undergo the driver's education herein stated

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The driver's license written examination shail inctude questions conceming the
effects of alcohol and drug intoxication on the ability of a person to operate a motor
vehicle and the legal and pecuniary consequences resulting from violation of the
provisions of this Act

Sec. 5. Punishabie Act. - It shalt be unlawful for any person to drive a motor
vehicle while under the influence of aicoho! and/or dangerous drugs, and/or other
simifar substances. A law enforcement officer who has probable cause to believe that a
person is driving under the influence of alcohol. dangerous drugs and/or other similar
substances by apparent indications and manifestations. including erratic driving. poor
coordination or the evident smell of alcohol in a person's breath or signs of use of
dangerous drugs and other similar substances, may conduct field sobriety tests. If the
driver fails in the sobriety tests. it shall be the duty of the law enforcement officer to
implement the mandatory determunation of the driver's blood alcoho! concentration level
through the use of a breath analyzer or similar measuring instrument. Hf the driver is a
suspect of dangerous drug and similar substance use, it shall be the duty of the iaw
‘enforcement officer to bring the driver to the nearest police station to conduct desktop
drug-testing through coliection of saliva and/or urine.

A law enforcement officer or deputized local traffic enforcement officer shail aiso
conduct field sobriety tests and other relevant chemical tests herein stated upon reports
from citizens that a certain person is driving under the influence of alcohol or dangerous
drugs and similar substances.

Sec. 6. Mandatory Alcohol And Chemical Testing of Drivers involved in Motor
Vehicular Accidents. ~ All drivers of motor vehicles involved in vehicular accidents
resulting to loss of lives, physical injures and/or damage to property shali be subjected
to chemical tests to determine the presence and/or concentration of alcohol, dangerous
drugs and/or similar substances in their blood stream or body system

Sec. 7. Refusal To Subject Oneself To Mandatory Tests. — A driver of a motor
vehicle suspected to be driving under the influence of alcoho} or dangerous drugs or
similar substances and who refuses to undergo the mandatory field sobriety and drug
tests shall be penalized by the confiscation and automatic revocation of his or her
driver's license.

Sec. 8. Acquisition of Equipment. - Within four (4) months from the effectivity of
this Act, the Land Transportation Office (LTO) shall acquire sufficient breath analyzers
and desktop drug-testing kits to be utilized by law enforcement officers or deputized


local traffic enforcement officers nationwide giving priority to areas highly susceptible to
accidents. For purposes of acquiring these equipment and for the training seminars
indicated in Section 10 hereof. the LTO shall utilize he Special Road Safety Fund
allotted for this purpose as provided under Section 7 of R.A. 8794 entitled “An Act
Imposing A Motor Vehicle User's Charge On Owners Of Ali Types Of Motor Vehicles

And For Other Purposes"

Sec. 9. Deputation. — The LTO may deputize traffic enforcement officers of the
Philippine National Police (PNP), Metro Manila Development Authority (MMDA) and
cities and municipahties in order to enforce the provisions of this Act.

Sec. 10. Law Enforcement Officer Education. - Tne LTO shall conduct training
seminars for all its law enforcers and deputies with regard to the proper conduct of field
sobriety tests and breath analyzer tests within four (4) months from the effectivity of this
Act. Within the same period, the. LTO shall also publish guidelines and procedures for
the proper conduct of field sobriety tests, which guidelines shall be made available to
the public and made available for download through the official LTO website

Sec. 11, Penalties For Driving Under The Influence Of Alcohol. — In addition and
without prejudice to criminal prosecution for violation of the Revised Penal Code and
other special laws and existing local ordinances. whenever applicable, a driver found to
have been driving a motor vehicie while under the influence of alcohol and/or simifar
substance, as provided for under Section 5 of this Act, shall be penalized as follows.

\a) For the first offense — a fine of Five Thousand Pesos (Php5.000.00) and one
(1) month suspension of driver's license:

(b) For the second offense — a fine of Ten Thausand Pesos (PhP 10.000 00) and
two (2) months suspension of driver's license;

(c) For the third offense — a fine of Fifteen Thousand Pesos (PhP15,000.00) and
three (3) months suspension of driver's license; and

id} For succeeding offenses — a fine of Twenty Thousand Pesos (PhP20.000.00)
and automatic revocation of driver's license.

Within the period of suspension. the offender shail be required to render
community service for a period of one (1) month. No driver's license shail be retumed
unless this requirement is complied with

Sec. 12. Penalties For Driving Under The influence Of Dangerous Drugs And
‘Similar Substances. ~ in addition to and without prejudice to criminal prosecution under
Republic Act No, 9165, othenwise known as the Comprehensive Dangerous Drugs Act

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1 of 2002, other special laws or existing local ordinances, whenever applicable, a person.
apprehended and found under the influence of any dangerous drug or similar
substances while driving a motor vehicle. after undergoing the mandatory chemicai test,
shall be penalized by a fine of Ten Thousand Pesos (PhP10,000.00) and by the
automatic revocation of his or her driver's license.

Sec. 13. Higher Penaities For Public Utility Vehicles. — in addition and without

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preyudice to the foregoing penalties, whenever applicable, a driver of a public utility

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8 vehicle or motor vehicie designed to carry hazardous materials found to have been
9 driving a vehicle while under the influence of alcohol, dangerous drugs or similar
0 substances, as determined by the breath analyzer test provided in Section 5 hereof or
0] any of the chemicai tests defined under this Act, shali be punished by automatic
2 revocation of driver's license and imprisonment of not less than one (1) month and one

13 (1) day but not more than one (1).year, at the discretion of the court.

14 Sec. 14, Nationwide Information Campaign. - Within one (1) month from the
18 promulgation of its implementing rules and regulations as provided under Section 16
16 hereof. the Philippine Information Agency (PIA), in coordination with the LTO. the local

17 government units (LGUs) and other concerned agencies, shall conduct a nationwide
18 Information. Education and Communication (IEC) campaign for the attainment of the
19 objectives of this Act.

20 Sec, 15. Review of Penaities. — The LTO shall. after five (5) years from the
21 effectivity of this Act and every five (5) years thereafter, review the applicability and

enforcement of all foregoing pecuniary penatties and shail initiate amendment and/or
upgrade the same as may be necessary, subject to the approval of the Secretary of the
4 Department of Transportation and Communications. Provided, That the increase in the

25 amount of fines shall in no case exceed twenty percent (20%) of the amount sought to
26 be amended.

27 Sec. 16. Implementing Rules and Regutations. - The LTO, in coordination with
28 the PNP. the Department of Health (DOH). the Philippine Drug Enforcement Agency
29° (PDEA) and other agencies with related functions, shall, within one (1) month from the
30 effectivity of this Act, promulgate the necessary implementing rules and regulations to
31 carry out its provisions.

32 Sec 17. Separability Clause —|f, for any reason, any part or pravision of this Act
33 18.declared invalid, such declaration shall not affect the other provisions of this Act


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$ec. 18. Repealing Clause. — Subparagraph (f), Section 56, Article 1 of Republic
Act No. 4136 otherwise known as the “Land Transportation and Traffic Code”. as
amended; subparagraph (f}, Section 5 of Republic Act No, 7924 otherwise known as
“An Act Creating the Metropolitan Manila Development Authority, Defining its Powers
and Functions, Providing Funds Therefor and For Other Purpases" and ali other laws,

ornare jesiances ricmilare nips and cenuiations or nants therant which ara
MESNSistsnt WAN any provision of thls Act aré hereby tepedied or mddwed accordingly’

Sec. 19. Effectivity, - This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation

Approved,

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