CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

EXPLANATORY NOTE |

Research indicates that drivers under the influence of alcohol have a
significantly higher risk of being involved in a road accident than those who have not
consumed alcohol. As exemplified by the World Health Organization and in various
studies, alcohol intake, depending on the level of intoxication, results in “impairment
which increases the likelihood of a crash since it produces poor judgment, decreased
reaction time, lower vigilance and decreased visual acuity’.

Meanwhile, news reports on tragic road accidents have been filling the
newspapers, television, and radio. These vehicular accidents, which have
consistently remained one of the leading causes of mortality in the country, are
attributed to several factors and a significant percentage of which include driving
under the influence of alcohol. Philippine statistics show that there has been an
increase of 6.2 percent in 2009 in alcohol-related accidents nationwide resulting to
death, physical injuries, and damage of properties. s

While other countries have institutionalized their policy regarding driving
under the influence of alcohol (DUIA), the Philippines has seemingly remained
reserved and lenient in punishing drunk drivers. Road accidents ere often treated as
a result of reckless imprudence and not viewed as irresponsible and deliberate acts -
giving particular emphasis to drunk driving. Moreover, the authors are in cognizance
of the insufficiency of the existing laws, particularly of the provision 'on “driving under
the influence of liquor” as stated in Article V Section 53 of Republic Act No. 4136,
otherwise known as the “Land Transportation and Traffic Code" in defining what
constitutes drunk driving. This bil, therefore, seeks to address the long-overdue call
for a law defining and penalizing as a crime the act of driving while under the
influence of alcohol or liquor. |

For these reasons, the approval of this Bill is earnestly soug!

GLOR)A MACAPAGAL ROYO
* District, Pampanga



CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
Hoiise Bill No. 289

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT
PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL

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 “Driving
Under the Influence of Alcohol (DUIA) Act of 2010”

SECTION 2. Policy. ~ It is hereby declared the policy of the State to
protect its people from hazards brought about by accidents resulting from
driving under the influence of alcohol and similar intoxicating substances.

SECTION 3. Definition of Terms. — For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer, wine and
spirit consumption of which produces intoxication;

(b) Breathalyzer refers to a kind of equipment which can determine the
blood alcohol concentration level of a person through one’s breath;

(c) Chemical tests refer to breath, urine or blood test to determine the
blood alcohol concentration level;

(d) Driving under the influence of alcohol refers to the act of operating a
motor vehicle while intoxicated with alcohol by reason of which the driver's
mental and motor skills are impaired, or when the driver's blood alcohol
concentration level is zero point zero six (0.06) or more;

(e) Field sobriety tests refer to standardized tests to assess and
determine intoxication, including the horizontal gaze nystagmus, the wall-and-
turn and the one-leg stand; and

(f) Motor vehicle refers to anything that carries people or goods
powered by a motor or engine.


SECTION 4. Driver's Education. — Every applicant for a driver's license
shall complete a course of instruction that provides information on driving and
safety matters, including the effects of consumption of alcoholic beverages on
the ability of a person to operate a motor vehicle; the hazards of driving under
the influence of alcohol; and the penalties attached for violation thereof.

The driver's license test shall include written questions concerning the
effects of consumption of alcoholic beverages, the ability of a person to
operate a motor vehicle and the legal and pecuniary consequences resulting
from violation of this Act

SECTION 5. Punishable Act. It shall be unlawful for any person to
drive a motor vehicle under the influence of alcohol. A law enforcement officer
who has probable cause to believe that a driver is driving under the influence
of alcohol by apparent indications and manifestations, including erratic driving,
poor coordination or the presence of the smell of alcohol, may conduct field
sobriety tests. If the driver fails in the sobriety tests, it shall be the duty of the
law enforcement officer to determine his blood alcohol concentration level
through the use of a breathalyzer.

SECTION 6. Penalties. — Without prejudice to criminal prosecution for
violation of the Revised Penal Code, whenever applicable, a driver found to
have been driving a motor vehicle while intoxicated, as provided for in the
immediately preceding section, shall be penalized as follows:

(a) For the first offense ~ a fine of Five thousand pesos (Php5,000.00)
and two (2) months suspension of driver's license;

(b) For the second offense - a fine of Six thousand pesos
(Php6,000.00) and three (3) months suspension of driver's license;

(c) For the third offense - a fine of Seven thousand pesos
(Php7,000.00) and six (6) months suspension of driver's license; and

(d) For the succeeding offenses - a fine of Seven thousand pesos
(Php7,000.00) and automatic revocation of driver's license,

Within the period of suspension, the offender shall be required to
render community service for a period of one (1) month. No driver's license
shall be returned unless this requirement is complied with.

SECTION 7. Mandatory Alcohol Testing of Drivers Involved in Fatal
Motor Vehicular Accidents. - All drivers of motor vehicles involved in vehicular
accidents resulting to loss of lives or physical injuries of serious nature shall
be subjected to chemical tests to determine the presence and/or
concentration of alcohol. Implementing guidelines for said tests shall be
undertaken by the Land Transportation Office (LTO), the Philippine National
Police (PNP), Department of Health (DOH), and other agencies with related

functions.
1


SECTION 8. Separability Clause. ~ If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not affect the
other provisions of this Act.

SECTION 9. Repealing Clause. - The provisions of laws, decrees,
executive orders, ordinances, rules and regulations inconsistent with this Act
are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days

following the completion of its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Approved,