THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regulur Session 
SENATE 
S. No. 
77 
INTRODUCED BY WON. MANUEL B. VELAR JR. 
EXPLANATORY NOTE 
E.O. No. 292, also known as The Administrative Code, Book IV, Title XV, Sectionl, 
provides that "The State is committed to maintenance and expansion of viable, efficient, fast, 
safe and dependable transportation and communications systems as effective instruments for 
national recovery and economic progress." 
Accordingly, traffic accidents involving public utility vehicles must be prevented. 
Studies show that a person under the influence of a 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 
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REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. No. 
77 
~~ 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT 
PROVIDING FOR DRUG AND ALCOHOL TESTING FOR DRIVERS OF PUBLIC 
UTILITY VEHICLES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. This Act shall be known as the “Drugs and Alcohol Testing 
for Drivers Act.” 
SECTION 2. Declaration of Policy. It is the policy of the State to promote and maintain 
safety in highways and roads and to prevent accidents involving drivers under the influence of 
alcohol or prohibited or regulated drugs. 
SECTION 3. Definition of Terms. As used in this Act: 
(a) “Drugs” mean any of the prohibited or regulated drugs as defined in R.A. No. 6425, also 
known as the Dangerous Drug Act. 
(b) “Alcohol” shall refer to the ethyl alcohol, ethanol or spirits of wine, including all 
dilutions, purifications and mixtures thereof, from whatever source by whatever process 
produced and shall include whisky, brandy, rum, gin and vodka, and other similar 
products or mixtures. 
(c) “Public Utility Vehicle” means any vehicle used in the business of carrying or 
transporting passengers or goods or both over land. 
(d) “Secretary” refers to the Secretary of Transportation and Communication. 
(e) “Operators of Public Utility Vehicles” refer to the owner of vehicles engaged in the 
business of carrying or transporting goods or both over land. 
SECTION 4. Duty of the Secretary of Transportation and Communications. (A) 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 
Suspension or dismissal of any driver found: 
2. 
a) To have used or been impaired by alcohol when on duty; or 


b) To have used a regulated or prohibited drug, whether or not on duty, except as 
allowed for medical purposes by law ore regulation or order. 
(B) When the Secretary of Transportation considers t appropriate in the interest of safety, the 
Secretary may prescribe 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 drug. 
SECTION 5. Testing and Laboratory Requirements. In carrying out this Act, the 
Secretary of Transportation shall develop requirements that shall: 
Promote, to maximum extent practicable, individual privacy in the collection 
specimens; 
For laboratories and testing procedures for regulated or prohibited drugs in consultation 
with the Department of Health: 
1. Comprehensive standards for every aspect of laboratory controlled substances 
testing and laboratory 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 drugs 
testing; 
2. The minimum list of regulated and prohibited drug for which individuals may be 
tested; and 
3. 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. 
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; 
Provide that all tests indicating the use of alcohol or drug be confirmed by a 
scientifically recognized method of testing capable of providing quantitative 
information about alcohol or regulated and prohibited drugs; 
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; 
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; 
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 under 
this section; and 
Ensure that employees are selected for tests by nondiscriminatory and impartial 
methods, so that no employee is harassed by being treated differently from other 
employees in similar circumstances. 
SECTION 6. Penalty for Violation. Any operator of 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 violation, 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 of the provision not otherwise affected shall remain 
valid and subsisting. 


SECTION 8. 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 hereby repealed, modified or amended accordingly. 
SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,