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OF THE PHILIPPINES 
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First Regular Session 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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national recovery and 
S E N A T E  
economic progress.” 
Introduced by Senator Miriam Defensor Santiago 
Accordingly, traffic accidents involving public utility vehicles must be prevented. 
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Studies show that a person under the influence of prohibited or regulated drug or alcohol 
suffers from certain psychological and mental defects including paranoia, hallucinations, 
drowsiness and loss of consciousness. These defects make the person unfit to drive a public utility 
vehicle. 
In the interest of public welfare and safety, there is a need to test drivers of public utility 
vehicles for alcohol or drug use. 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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First Regular Session 
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OF THE PHILIPPINES 
Drivers Act.” 
~ Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
PROVIDING FOR DRUG AND ALCOHOL TESTING FOR DRIVERS OF PUBLIC UTILITY 
VEHICLES 
Be it enacted by lthe Senate and the House OfRepresentatives ojthe Philippines in Congress 
assembled: 
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SECTION 3. DeJinition ojTerms. - 
As used in this Act: 
(1) “Drugs” mean any of the prohibited or regulated drugs as defined in R.A. No. 
6425, also known as the Dangerous Drugs Act. 
(2) “Alcohol” shall refer to e thy1 alcohol, e thhol o r  spirits o f w ine, including a 11 
dilutions, purifications and mixtures thereof, from whatever source by whatever process produced 
and shall include whisky, brandy, rum, ‘gin, tequila, and vodka, and other similar products or 
mixtures. 
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(3) “Public utility vehicle’? means any vehicle used in the business of carrying or 
transporting passengers or goods or both, over land. 
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(4) “Secretary” refers to the Secretary of Transportation and Communication. 
(5) “Operators of public utility vehicles” refer to the owners of vehicles engaged in 
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the business of carrying or transporting passengers or goods or both over land. 


SECTION 4. Duty of the Secretary of Transportation and Communication. - 
(1) In the 
interest of safety, the Secretary shall prescribe regulations and issue orders to establish a program 
requiring- 
(1) Owners of public utility vehicles to conduct pre-employment, reasonable suspicion, 
random and post accident testing of all their drivers for the use of alcohol or prohibited or regulated 
drug; and 
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(2) Suspension or dismissal of any driver found: 
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(a) to: have used or been impaired by alcohol when on duty; or 
@) to' have used a regulated or prohibited drug, whether or not on duty, except as 
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allowed for medical pdoses by law or regulation or order. 
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(3) When the Secretary of Transportation considers it appropriate in the interest of 
safety, the Secretary may prescnbe regulations and issue orders requiring operators of public utility 
vehicles to conduct periodic testing of their drivers for the use of alcohol or prohibited or regulated 
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SECTION 5. Te4ting and Laboratoiy Requirements.-In 
carrying out this Act, the Secretary 
of Transportation shall develop requirements that shall: 
(1) promote, to the maximum extent practicable, individual privacy in the collection 
of specimens. 
(2) for laboratories and testing procedures for regulated or prohibited drugs in 
consultation with the Department of Health: 
(a) comprehensive standards for eV&y aspect of laboratoty controlled 
substances testing and laboratoty procedures to be applied in carrying out this section, including 
standards requiring the use of the best available technology to ensure the complete reliability and 
accuracy of controlled substances tests and strict procedures governing the chain of custody of 
specimens collected for hrug testing; 
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(b) the minimum list of regulated and prohibited drug for which individuals 
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may be tested; and 
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(c) appropriate standards and procedures for periodic review of laboratories 
and criteria for certification and revocation of certification of laboratories to perform controlled 
substances testing in carrying out this Act; 
(3) require that a laboratory involved in drug testing under this Act have the 
capability and facility at the laboratory, of performing screening and confirmation tests; 
(4) provide that a 11 tests i nflicating the use of alcohol or drugs be confirmed by a 
scientifically recognized method of testing capable of providing quantitative information about 
alcohol or regulated and prohibited drugs; 
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(5) provide that each specimen be subdivided, secured, and labeled in the presence of 
the tested individual and that a part of the specimen be retained in a secure manner to prevent the 
possibility of tampering. 
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath 
and body fluid samples, including urine and blood, through the development of regulations that may 
be necessary and in consultation with the Secretary of Health. 
(7) provide for the confidentiality of test results and medical information (other than 
information about alcohol or a drug) of employees, except that this clause does not prevent the use 
of test results for the orderly imposition of appropriate sanctions; and 
(8) ensurk that employees are selected to undergo tests by nondiscriminatory and 
impartial methods, so Ithat no employee is harassed by being treated differently from other 
employees in similar cirLumstances. 
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SECTION 6. Penalty for Violation. - 
Any operator of a public utility vehicle who violates 
the provisions of this Act and its implementing rules shall be penalized with suspension of their 
franchise and Certificate of Public Convenience and Necessity (CPCN) for the first violation. Upon 
second and subsequent violations, their franchise and CPCN shall be cancelled. 
SECTION 7. Separability Clause. - 
If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid 
and subsisting. 


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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 9. ESfectivity Clause. - 
This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
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