, .. 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHULIPPINES 
1 
"(+' 5' AUG 23 P256 
Second Regular Session 
1 
6 
S.B. s E N A m 9 4 ' ,  
No. 
' '-WEDBY: 
Intioduced by Senator Miriam Defensor Santiago. 
EXPLANATORY NOTE 
The 1987 Constitution, Article 11, Section 5, provides that: 
The maintenance of peace and order, the protection of life, liberty, and 
property, and promotion of the general welfare are essential for the enjoyment by 
all the people of the blessings of democracy. 
In line with this policy, the State aims to protect life and promote the general welfare of 
the people by providing stiff penalties to drivers or operators of common carriers who operate or 
direct the operation of a common carrier while under the influence of alcohol, prohibited drugs 
or an overdose or misuse of a legal or prescribed drug. 
- 
It is a fact that driving under the influence of alcohol or narcotics impairs a person's 
driving skills. 
Thus, Section 53 of Republic Act No. 4136, also known as the "Land 
Transportation and Traffic Code", addresses this problem and prohibits driving while under the 
influence of liquor or narcotic drug. Section 56 of the same law imposes a fine of not less than 
two hundred pesos but not more than five hundred pesos, or imprisonment of not more than three 
months, or both, at the discretion of the court, in cases of violation of said prohibition. 
However, these penalties are too inadequate and inconsequential compared to the 
greater risk posed by a person driving or operating a common carrier under the influence of 
alcohol or prohibited drugs. These drivers or operators do not only put themselves and other 
motorists at risk, they also endanger their passengers who have placed their lives in their hands. 
In line with this, this bill seeks to deter, if not prevent, the driving or operating of 
common carriers under the influence of alcohol or prohibited drugs by imposing higher penalties. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
1 
Second Regular Session 
1 
‘
2
 
RUG, 123 ,P,2 
56 
. .  
, 
OFTHE PHILIPPn\TeS 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
INCREASING THE PENALTIES OF DRIVERS AND OPERATORS OF 
COMMON CARRIERS OPERATmG UNDER THE INFLUENCE OF 
ALCOHOL OR DRUGS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Tille. - This Act shall be known as the “Clean Common Carriers Act 
I 
0f2005.” 
I 
SECTION 2. Declaration of Policy. - It is the policy of the State to maintain peace and 
order, to protect life, liberty, and property, and to promote the general welfare of the people. In 
line with this, the State aims to protect commuters, motorists and pedestrians from operators of 
common carriers who operate their vehicles under the influence of alcohol or drugs 
SECTION 3. Definition of Common Carrier. - As used in this Act, the term “common 
carrier” has the same meaning as defined by Article 1732 of the New Civil Code. 
. 
SECTION 4. Operation of a Common Carrier Under the Influence of Alcohol or Drugs. 
- Whoever operates or directs the operation of a common carrier while under the influence of 
alcohol or any prohibited drug, shall be imprisoned for not more than fifteen years or fined an 
mount not less than twenty thousand pesos (P 20,000.00) but not more than two hundred 
thousand (P 200,000.00), or both at the discretion of the court. 
SECTION 5. Presumptions. - For purposes of this Act, (1) an individual with a blood 
alcohol content of 0.10 percent or more shall be presumed to be under the influence of alcohol; 
and (2) an individual shall be presumed under the influence of prohibited dmgs if the quantity of 


the drug in the system of the individual would be sufficient to impair the perception, mental, 
processes, or motor hnctions of the average individual. 
SECTION 6. Separability Clause. - If any provision or part thereof, is held invillid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
.1 
SECTION 7. Repealing Clause. - Any law, presidefitid decree or issuanoe, exewtive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 8. E8ectivity Clause. - This Act shall take effect fifteen (15) days afier its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
jps/6-14-05