HOUSE OF REPRESENTATIVES

Republic of the Philippines
Quezon City, Philippines

FIFTEENTH CONGRESS
‘Second Regular Session

House Bit no._5708

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

Road safety is everyone's concem. With the people's growing dependence on
automotive technologies to cope with the demands of modem living, coupled with the
growingly complex systems of roads and highways in the country, both the government
and citizens should work in unison to ensure traffic (both vehicular and pedestrian)
regulations are strictly implemented and observed.

Statistics have shown that driving under the influence of intoxicating drinks and
illegal drugs impairs a person's driving skills. Hence, 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.

The existence of the aforequoted law, notwithstanding, more accidents caused by
abuse of alcohol and illegal drugs are being reported every day. It is very evident that the
Penalties as provided in the law is inadequate and inconsequential compared to the higher
risk posed by someone driving or operating a common carrier under the influence of alcohol
or prohibited drugs. More than putting their lives at risks, these drivers and operators
‘endanger the lives of other motorists, as well as, those of their passangers.

Indeed, the Constitution, Article II, Section 5 provides that:

“The maintonance of peace and order, the protection of life and liberty, and proparty, and
promotion of tho genoral welfare are essential for the enjoyment by all the poopie of the blesssings
of democracy.”

In line with the abovementioned principle, this bill seeks to minimize, if not
completely deter the driving or operation of common carriers under the influence of
alcohol or prohibited drugs by imposing higher penalties thereto.

In light of the foregoing, immediate passage of this bill is eamestly sought.
lawl /- A
CELINO “MARCY” R. TEODORO
Representative, 1§* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. 5708

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

AN ACT
INCREASING THE PENALTIES OF DRIVERS AND OPERATORS OF COMMON
CARRIERS OPERATING 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 Title.- This Act shall be known as the “Clean Common Carriers
Act of 2012."

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, motorist and pedestrians from
operators of common caries who operate their vehicles under the influence of alcohol or
drugs.

SECTION 3. Definition of Common Carrier. - A 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 direct 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 amount not less than Twenty Thousand Pesos ( P20.000.00 ) but not
more than Two Hundred Thousand Pesos(200,000.00), or both at the discretion of the
court.

SECTION 5, Presumptions. For purpose 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
alcohot:and (2) an individual shall be presumed under the influence of prohibited drugs if the
quantity of the drug in the system of the individual would be sufficient to impair the
perception, mental, processes, or motor functions of the average individual.

SECTION 6. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law of the provisions not otherwise affected shall
remain valid and subsisting,

SECTION 7. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with the provisions of this Act is repealed, modified or amended accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,