FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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SEN1T.?08 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Driving under the influence of alcohol or other drugs, is the act of operating a 
vehicle (including bicycle, boat, airplane, wheelchair, tractor or horse) after consuming 
alcohol or other drugs. It is a serious health hazard. 
In the United States, for example, alcohol is estimated to playa role in 39 percent 
of vehicle-related deaths and to cost $51 billion annually. More recently it has been 
reported that alcohol contributes to nearly 30 percent of all Canadian traffic fatalities and 
44 percent of traffic fatalities in the United States. In most countries, anyone who is 
convicted of injuring or killing someone while under the influence of alcohol or drugs 
can be heavily fined, as in France, and many states in the U.S .. 
The Philippine National Police's HPG (Highway Patrol Group), which was 
fonnerly known as TMG (Traffic Management Group), recently released data regarding 
the number of traffic accidents during the first half of 2008 indicating that it continued to 
increase from 1,532 in January to 1,648 in June. 
The percentage of deaths aJl.d injuries caused by drunk driving as against the totals 
is indeed disturbing if not frightening and should awaken some sense of responsibility 
and concern among those who are still in the habit of taking their drinking for granted -
with complete and wanton disregard of whether they would be driving after. 
The proposed bill seeks to treat as a special aggravating circumstance the fact that 
the driver involved in an accident is under the influence of alcohol or illegal drugs. It 
seeks to increase the penalty of the crime of reckless imprudence when such 
circumstance exists. I 
II. 
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/IRIAM DEf~SOR SiJiTI¥,O 
I This bill was originally filed in the third regular session of the 14'h Congress. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No_ 1708 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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AGGRAVATING THE PUNISHMENT FOR THE CRIME OF RECKLESS 
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IMPRUDENCE IF COMMITTED BY A PERSON DRIVING A MOTOR VEHICLE 
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UNDER THE INFLUENCE OF ALCOHOL OR PROHIBITTED DRUGS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Vehicular Accident 
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Aggravating Act. " 
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SECTION 2. Special Aggravating Circumstance. -- Any Person while driving a 
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motor vehicle who shall commit a violation of Reckless Imprudence ll11der Article 365 of 
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the Revised Penal Code while being intoxicated or w1der the influence of dangerous 
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drugs as defined in Republic Act 9165 shall suffer the following penalties: 
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a) 
When the execution of the act covered by this section results in the death 
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ofa person, the penalty ofreciusion temporal shall be imposed; 
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b) 
When the execution of the act covered by this section results in physical 
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injuries, the penalty of prision mayor shall be imposed; 
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c) 
When the execution of this act results in the damage of property, the 
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penalty of arrresto mayor in its maximum period and a fine equivalent to 
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twice the value of the damages shall be imposed. 
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SECTION 3. Repealing Clause. - Articles 365 of the penal code and other laws 
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and parts oflaws which are contrary of the provisions of this Act are hereby repealed. 
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SECTION 4. Separability Clause. - If any provision or part thereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision not otherwise 
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affected shall remain valid and subsisting. 
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SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in at least two (~) newspapers of general circulation. 
Approved. 
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