FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
' ,ll!L-i 
First Regular Session 
1 
SENATE 
S. BILL NO. 
760 
Introduced by Senator Antonio F. Trillanes I V  
EXPLANATORY NOTE 
The prevalence of incidents involving drunk drivers or drivers driving 
under the infhence of prohibited drugs is one of the most challenging 
problems confronting our law enforcers today. 
Many lives have been lost and millions worth of properties have been 
destroyed because of accidents precipitated by drunk drivers or drivers 
operating their motor vehicles under the influence of prohibited drugs. 
It is high time for the State to declare this pernicious and highly 
destructive practice to be a criminal act and to provide stiff penalties 
for the same. 
House Bill No. 4893 authored by Congressmen Zialcita, Chungalao, 
Puentevella, Fua, Aguja, Magsaysay (E.), Abayon, Petilla, Velarde, 
laraula, Chatto, Aquino (R), Villarosa, Susano, Amin and Figueroa 
which seeks to criminalize drunk driving, was passed by the House of 
Representatives during the Thirteenth Congress. 
However, due to 
time constraints, the same failed to make into law. 
This Bill is intended to be a counter-part bill for the said House Bill 
which, hopefully, will be filed again by its authors. 
Although this measure contains a number of important changes 
intended to broaden the basis for screening tests but at the same time 
minimize possible incidents of harassment of innocent drivers, it is 
hoped that the same will greatly expedite the enactment of the 
proposal into law. 
Hence, immediate passage of the Bill is earnestly enjoined. 
Ahl$ONIO F. TRILLANES I V  


...~ 
FOURTEENTH CONGRESS OF THE ) 
i 
JL. -.I3 
jj ; 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES) 
fif.:E;&p,li 3 F<',>" : 
SENATE 
S. BILL No. 760 
Introduced by Senator Antonio F. Trillanes I V  
AN ACT 
DEFINING AS A CRPME THE ACT OF DRIVING ANY MOTOR 
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC 
BEVERAGES AND/OR PROHIBITED DRUGS AND PROVIDING 
GRADUATED PENALTIES THEREFOR. 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SlECTION 1. m. - This Act shall be known as the "Anti-Drunk 
Driving Act". 
SEC. 2. Declaration of Policv. - It is hereby declared to be the 
national policy of the State to minimize, if not totally eliminate, injuries 
and death due to accidents caused by persons driving or operating any 
kind of motor vehicle while under the influence of any kind of alcoholic 
beverage and/or prohibited drug. 
SEC. 3. Prohibited Act. - It shall be unlawful for any person to 
drive or operate any motor vehicle while under the influence of 
alcoholic beverages and/or prohibited drugs. A person shall be 
considered under the influence of alcoholic beverages if it shall be 
established that he/she has a blood alcohol concentration (HAC) level 
of 0.6% or more. 
SEC. 4. Imalied Consent. - Any person who drives or operates 
a motor vehicle on a street, road, highway or a public or quasi-public 


area shall be deemed to have given consent to a test or tests of such 
person's blood, breath, urine or other bodily substance for the purpose 
of determining his/her BAC level or the presence of prohibited drugs 
under the following circumstances: 
(a) If he exhibits some indication of alcohol/drug 
impairment while in motion, such as speeding, swerving, 
weaving in traffic or coming dangerously 
close to 
stationary objects or other vehicles; 
(b) If he is stopped for a traffic violation or any other 
offense alleged to have been committed while in motion; 
(c) I f  he is involved in an accident; 
(d) If he is about to enter an expressway, tollway, 
subdivision or public or private facility and the authorities 
thereat finds any reasonable basis to require screening 
tests such as alcoholic breath, slurred speech, sluggish or 
delayed reaction or when his physical appearance is 
indicative that he may be under the influence of alcohol or 
prohibited drugs. 
SEC. 5. Screenina Tests. - In the case of drivers or operators 
of motor vehicles who are deemed to have given implied consent 
under Section 4 above, screening tests to determine probable cause of 
violation of this Act may be administered by authorized law 
enforcement officers. 
The screening tests may consist of sobriety tests such as the 
Standardized Field Sobriety Test (SFST), or chemical tests with the use 
of passive alcohol sensors such as breath analyzers and similar 
equipment duly approved by the Department of Health (DOH). 
SEC. 6. Gonfirmatorv. - Upon determination of probable 
cause of violation of this Act, confirmatory chemical tests shall 
immediately be administered at the direction of the apprehending law 
enforcement officer at the laboratory of any authorized hospital or 
clinic or test center. Such tests shall consist of blood or urine sample 
analysis or any equivalent test to be conducted by any authorized 
medical or laboratory authority to determine the suspect's BAC level or 
the presence of any prohibited drug in hidher system. 


SEC. 7. R
L
q
.
 
- The suspect may 
choose which among the available confirmatory tests shall be 
administered on him/her: 
Provided, however, That the failure, 
inability or refusal of the suspect to obtain said tests shall not preclude 
the admission of evidence relating to the screening tests administered 
by the apprehending law enforcement officer. 
SEC. 8. 
- Any 
driver or operator of a motor vehicle involved in a vehicular accident 
resulting in death or serious physical injuries shall be subjected to 
mandatory confirmatory chemical tests to determine the presence 
and/or concentration of alcohol and/or drugs. 
SEC. 9. Penalties. - Any person found guilty of violating the 
provisions of this Act shall be sentenced to suffer any of the following 
penalties: 
(a) First offense - a fine of One thousand pesos 
(P1,OOO.OO) 
and suspension of the offender's license to 
drive for one year, or thirty (30) days imprisonment at the 
discretion of the court. 
(b) Second offense - a fine of Five thousand pesos 
(P5,000.00), 
suspension of the offender's license to drive 
for five years and thirty (30) days imprisonment. 
(c) Third and all subsequent offenses - a fine of Ten 
thousand pesos (P10,000.00), suspension of the offender's 
license to drive for five years and thirty (30) days 
imprisonment: Provided, That the additional penalty of one 
year to five years imprisonment shall be imposed upon the 
offender who shall commit the same offense during the 
period when hisjher license to drive is suspended. 
If serious physical injuries resulted by reason of such violation, 
the penalty imposed shall be six to twelve (12) years imprisonment, a 
fine ranging from One hundred thousand pesos (P100,000.00) to Two 
hundred thousand pesos (P200,000,00) and suspension of the 
offender's license to drive for five years after service of sentence. 


If death resulted by reason of such violation, the penalty 
imposed shall be life imprisonment: Provided, That the additional fine 
of One million pesos (Pl,OOO,OOO.OO) shall be imposed if several 
deaths resulted. 
SEC. 10. Driver Education. - Every applicant for a driver's 
license shall complete a course of instruction that provides information 
on safe driving, including the hazardous effects of consumption of 
alcoholic beverages and the use of prohibited drugs on the ability of a 
person to drive or operate a motor vehicle and the penalties attached 
for violations of this Act. 
SEC. 11. p. 
- A prosecution under 
this Act shall be without prejudice to any liability for violation of any 
provision of Act No. 3285, as amended, or the Revised Penal Code, 
Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 
2002, or any other law. 
SEC. 12. P
t
d
Requlations. 
- 
The 
Department 
of 
Transportation 
and 
Communications, in cooperation with the Traffic Management Group - 
Philippine National Police, the Metro Manila Development Authority, the 
Department of Health, the Department of Justice and the Department 
of the Interior and Local Government shall promulgate rules and 
regulations to implement the provisions of this Act, and shall employ 
strategies that would 
encourage community 
participation 
and 
cooperation among local government units, the media and the 
Philippine National Police. 
SEC. 13. Seaarabilitv Clause. - I f  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. 
SEC. 14. Reaealina Clause. - Section 53 in relation to Section 
56(t) of the Land Transportation and Traffic Code and all other laws, 
presidential 
decrees, 
executive 
orders, 
proclamations 
and/or 
administrative regulations which are inconsistent with the provisions of 
this Act are hereby amended, modified, superseded or repealed 
accordingly. 


SEC. 15. Effectiwitw Clause. - This Act shall take effect fifteen 
(15) days after its publication in the Official Gazette or in at least two 
newspapers of national circulation. 
Approved,