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Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL No, 2285

Introduced by Representatives Michael L. Romero and
Enrico A. Pineda

EXPLANATORY NOTE

The Republic of the Philippines has laws regulating speed limit, mandating the
use of motorcycle helmets and seatbelts, and most specially prohibiting drunk
and drugged driving, these laws have not been sufficiently implemented.

The Philippines got a 5 out of 10 rating in the implementation of the speed limit
law and seatbelt law, according to the World Health Organization (WHO) report.

It got a 6 out of 10 rating in the implementation of the motorcycle helmet law,

but the WHO noted that the law does not require the helmet to be fastened
correctly.

This poses a risk to motorcyclists, who are vulnerable to sustaining head and
neck injuries because of their lack of physical protection while weaving in and
out of traffic with fast-moving cars and buses.

Aside from being the main cause of death or severe disability to motorcyclists,
the WHO also said that the social costs of these injuries for survivors are high
because of the need to have specialized or long-term care.

In July, a new law was signed banning small children from riding
motorcycles unless they can comfortably reach the foot peg, wrap their arms
around the driver, and wear a protective helmet.


In the enforcement of the drunk-drugged driving law, the Philippines got a dismal
1 out of 10 rating. Republic Act 10586, or the Anti-Drunk and Drugged Driving
Act of 2013, seeks to penalize drivers whose blood alcohol content exceeds the
allowable legal limit.

Drivers found guilty of violating the law face fines, imprisonment, and a
revocation of their licenses.

In March, the Land Transportation Office (LTO) procured breath analyzers to

conduct spot checks on motorists suspected to be driving under the influence of
alcohol.

The WHO report also showed that the Philippines still lacks laws mandating

restraints for children passengers and banning the use of mobile phones while
driving.

This House Bill seeks to rationalize and broaden the implementation of all anti-
drunk and drugged driving measures to further foster our law enforcement
guidelines and policies. To increase its corresponding penal provisions for all
violations herewith.

Thus, the early passa 6f this bill is earnestly requested.

‘L L. ROMERO Ph.D. ENRICO A. PINEDA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL NO, 1165

Introduced by Representatives Michael L. Romero and
Enrico A. Pineda

AN ACT
TO ACCELERATE THE IMPOSITION OF ANTI-DRUNK AND
DRUGGED DRIVING POLICIES, PROVIDING STIFFER
PENALTIES AND SANCTIONS, TO PROMOTE AN EFFECTIVE
AWARENESS PROGRAM, TO IMPROVE EXISTING SECURITY
AND SAFETY FUNCTIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines
in congress assembled:

SECTION 1. Short Title - This Act shall be known as the “Anti-Drunk
and Drugged Driving Act of 2019.”

SECTION 2. Declaration of Policy - It is hereby declared that the state
shall recognize and prioritize the protection of life and property and the
promotion of the general welfare as essential for the enjoyment of the blessing of
democracy, it is hereby declared the policy of the State to ensure road safety

through the observance of the citizenry of responsible and ethical driving
standards.


The State shall penalize all acts of driving under the influence of alcohol,
dangerous drugs and other intoxicating substances 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.

SECTION 3. Awareness Program ~ Every applicant for a motor vehicle
driver’s license shall complete a course of instruction that provides information
on safe driving including, but not limited 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, 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.

The driver’s license written examination shall include:

* questions concerning 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.

SECTION 4. Punishable Act. ~ It shall be unlawful for any person to drive
a motor vehicle while under the influence of alcohol, dangerous drugs and/or
other similar substances.

SECTION 5. Acquisition of Equipment — Within three (3) months from
the effectivity of this Act, the Land Transportation Office (LTO) and the Philippine
National Police (PNP) shall acquire sufficient breath analyzers and drug-testing


kits to be utilized by law enforcement officers and deputized local traffic
enforcement officers nationwide giving priority to areas with high reported

occurrences of accidents.

For purposes of acquiring these equipment and for the training seminars
indicated in Section 6 hereof, the LTO shall utilize the Special Road Safety Fund
allotted for this purpose as provided under Section 7 of Republic Act No. 8794,
entitled: “An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types
of Motor Vehicles and for Other Purposes”.

Additional yearly appropriations for the purchase of breath analyzers and
drug-testing kits shall be provided annually under the General Appropriations
Act (GAA).

SECTION 6. Deputation- The LTO may deputize traffic enforcement
officers of the PNP, the Metropolitan Manila Development Authority (MMDA) and
cities and municipalities in order to enforce the provisions of this Act.

SECTION 7. Education of a Law Enforcement Officer - The LTO and
the PNP shall conduct training seminars for their law enforcers and deputies
with regard to the proper conduct of field sobriety tests and breath analyzer tests
every year. Within three (3) months from the effectivity of this Act, the LTO shall
publish the 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.

SECTION 8. Penalties - A driver found to have been driving a motor
vehicle while under the influence of alcohol, dangerous drugs and/or other
similar substances, as provided for under Section 4 of this Act, shall be penalized

as follows:

(1) If the violation of Section 4 did not result in physical injuries or
homicide, the penalty of six (6) months imprisonment, and a fine ranging


from Fifty thousand pesos (PhpS0,000.00) to One hundred thousand
pesos (Php 100,000.00) shall be imposed;

(2) If the violation of Section 4 resulted in physical injuries, the penalty
provided in Article 263 of the Revised Penal Code or the penalty provided
in the next preceding subparagraph, whichever is higher, and a fine
ranging from One hundred fifty thousand pesos (Php150,000.00) to Two
hundred fifty thousand pesos (Php250,000.00) shall be imposed;

(3) If the violation of Section 4 resulted in homicide, the penalty provided
in Article 249 of the Revised Penal Code and a fine ranging from Three
hundred fifty thousand pesos (Php350,000.00) to Five hundred thousand
pesos (Php500,000.00) shall be imposed; and

* (4) The nonprofessional driver’s license of any person found to have
violated Section 4 of this Act shall also be confiscated and suspended for

a period of eighteen (18) months for the first conviction and perpetually
revoked for the second conviction.

The professional driver's license of any person found to have violated

Section 4 of this Act shall also be confiscated and perpetually revoked for
the first conviction.

The perpetual revocation of a driver’s license shall disqualify the person
from being granted any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and

other special laws and existing local ordinances, whenever applicable.

’ SECTION 9. Direct Liability of Operator and/or Owner of the
Offending Vehicle - The owner and/or operator of the vehicle driven by the
offender shall be directly and principally held liable together with the offender
for the fine and the award against the offender for civil damages unless he or she
is able to convincingly prove that he or she has exercised extraordinary diligence

in the selection and supervision of his or her drivers in general and the offending
driver in particular.


This section shall principally apply to the owners and/or operators of public
utility vehicles and commercial vehicles such as delivery vans, cargo trucks,
container trucks, school and company buses, hotel transports, cars or vans for
rent, taxi cabs, and the like.

, SECTION 10. Nationwide Information Campaign — Within one (1) month
from the promulgation of the implementing rules and regulations, the Philippine
Information Agency (PIA), in coordination with the LTO, the local government
units (LGUs) and other concerned agencies, shall conduct Information,
Education and Communication (IEC) campaign for the attainment of the
objectives of this Act.

SECTION 11. Nationwide Random Terminal Inspection and Quick
Random Drug Tests. - The LTO shall conduct random terminal inspections and

quick random drug tests of public utility drivers. The cost of such tests shall be
defrayed by the LTO.

SECTION 12. Review of Penalties — The LTO shall, after three (3) years
from the effectivity of this Act and every three (3) years thereafter, shall review
the applicability and enforcement of all foregoing pecuniary penalties and shall
initiate amendment and/or upgrade the same as may be necessary, subject to
the approval of the President of the Republic of the Philippines upon
recommendation of the Secretary of the DOTC.

SECTION 13. Implementing Rules and Regulations - The DOTC, the
DOH and the NAPOLCOM shall, within three (3) months from the effectivity of
this Act, shall jointly promulgate the necessary implementing rules and
regulations to carry out the provisions of this Act.

SECTION 14. Appropriation - There is hereby authorized to appropriate
the necessary funds to carry-out into effect the provisions of this act. Therefore
the budget shall be included in the General Appropriations Act (GAA).


" SECTION 15. Separability Clause - If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not affect the
other provisions of this Act.

SECTION 16. Repealing Clause ~ All laws, executive orders, issuances,
rules and regulations inconsistent with this Act are hereby amended, repealed
or modified accordingly.

SECTION 17. Effectivity Clause — This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in two (2) national

newspapers of general circulation.

Approved,