FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
.. 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~Tll 
S. No. 1'189 
Introduced by Senator Miriam Defensor Santia~o'i:F!\I' ,I ,r . 
f ' (V 
EXPLANATORY NOTE 
Executive Order No. 292, also known as The Administrative Code, Book IV, Title XV, 
Section I, provides that "The Senate is committed to the 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 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 alcoho I or drug use.' 
.. This bill was re~filed during the Thirteenth Congress, First Regular Session. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENf~89 
S. No. __ -=--=-
Introduced by Senator Miriam Defensor Santiagol"(>'!VF!l (I'" 
AN ACT 
PROVIDING FOR DRUG AND ALCOHOL TESTING FOR DRIVERS OF 
PUBLIC UTILITY VEHICLES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Drugs and Alcohol Testing 
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for Drivers Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to promote and maintain 
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safety in highways and roads and to prevent accidents involving drivers under the influence of 
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alcohol or prohibited or regulated drug. 
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SECTION 3. Definition o/Terms. -'- As used in this Act, the term: 
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(A) "Drugs" mean any of the prohibited or regulated drugs as defined in Republic Act 
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No. 6425, as amended, also known as the Dangerous Drugs Act. 
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(B) "Alcohol" shall refer to ethyl alcohol, ethanol or spirits of wine, including all 
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dilutions, purifications and mixtures thereof, from whatever source by whatever 
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process produced and shall include whisky, brandy, rum, gin, tequila, and vodka, and 
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other similar products or mixtures. 
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(C) "Public utility vehicle" means any vehicle used in the business of carrying or 
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transporting passengers or goods or both, over hind. 
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(D) "Secretary" refers to the Secretary of Transportation and Communication. 
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(E) "Operators of public utility vehicles" refer to the owners of vehicles engaged in the 
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business of carrying or transporting passengers or goods or both over land. 
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SECTION 4. Duty of the Secretary of Transportation and Communication. - In the 
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interest of safety, the Secretary shall prescribe regulations and issue orders to establish a program 
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requiring-
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(A) Owners of public utility vehicles to conduct pre-employment, reasonable suspicion, 
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random and post accident testing of all their drivers for the use of alcohol or prohibited or 
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regulated drug; and 
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(B) Suspension or dismissal of any driver found: 
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(1) To have used or been impaired by alcohol when on duty; or 
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(2) To have used a regulated or prohibited drug, whether or not on duty, except as 
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allowed for medical purposes by law or regulation or order. 
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(C) When the Secretary of Transportation considers it appropriate in the interest of safety, 
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the Secretary may prescribe regulations and issue orders requiring operators of public utility 
13. vehicles to conduct periodic testing of their drivers for the use of alcohol or prohibited or 
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regulated drug. 
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SECTION 5. Testing and Laboratory Requirements. - In carrying out this Act, the 
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Secretary of Transportation shall develop requirements that shall: 
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(A) Promote, to the maximum extent practicable, individual privacy in the collection of 
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specimens. 
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(B) For laboratories and testing procedures for regulated or prohibited drugs in 
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consultation with the Department of Health: 
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(1) Comprehensive standards for every aspect oflaboratory controlled substances 
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testing and laboratory procedure~ to be applied in carrying out this section, including 
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standards requiring the use of the best available technology to ensure the complete 
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reliability and accuracy of controlled substances tests and strict procedures governing the 
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chain of custody of specimens collected for drug testing; 
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(2) The minimum list of regulated and prohibited drug for which individuals may 
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be tested; and 
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(3) Appropriate standards and procedures for periodic review of laboratories and 
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criteria for certification and revocation of certification of laboratories to perform 
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controlled substances testing in carrying out this Act; 
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(C) Require that a laboratory involved in drug testing under this Act have the capability 
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and facility at the laboratory, of performing screening and confirmation tests; 
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(D) Provide that all tests indicating the use of alcohol or drugs be confirmed by a 
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scientifically recognized method of testing capable of providing quantitative information about 
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alcohol or regulated and prohibited drugs; 
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(E) Provide that each specimen be subdivided, secured, and labeled in the presence of the 
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tested individual and that a part of the specimen be retained in a secure manner to prevent the 
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possibility of tampering. 
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(F) Ensure appropriate safeguards for testing to detect and quantify alcohol in breath and 
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body fluid samples, including urine and blood, through the development of regulations that may 
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be necessary and in consultation with the Secretary of Health. 
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(G) Provide for the confidentiality of test results and medical information, other than 
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information about alcohol or a drug, of employees, except that this clause does not prevent the 
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use of test results for the orderly imposition of appropriate sanctions; and 
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(H) Ensure that employees are selected to undergo tests by nondiscriminatory and 
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impartial methods, so that no employee is harassed by being treated differently from other 
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employees in similar circumstances. 
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SECTION 6. Penalty for Violation. - Any operator of a public utility vehicle who 
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violates the provisions of this Act and its implementing rules shall be penalized with suspension 
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of their franchise and Certificate of Public Convenience and Necessity (CPCN) for the first 
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violation. Upon second and subsequent violations, their franchise and CPCN shall be cancelled. 
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SECTION 7. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 8. Repealing Clause. -
Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative' order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 9. Effectivity Clause. -
This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved. 
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