TH CONGRESS
Second Regular Session

H. 8; No.__ 2045

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

EXPLANATORY.

Ee.

The prevalence of incidents involving drunk drivers or drivers driving
under the influence 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 bea criminal act and to provide stiff penalties for
the same.

This measure contains a n
broaden the basis for scree sts but at the

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.



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
First Regular Session

2045

H. B. No.

Introduced by HON. IRWIN(C. TIE:

and HON. MARIANO MICHAEL M. VELARDE

AN ACT
DEFINING AS A CRIME THE ACY 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:

SECTION 1. Title. - This Act shall be known as the "Anti-Drunk
Driving Act".

SEC. 2. Declaration of Policy. - 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 0.06% or more.

SEC. 4. Implied Con 10 drives or operates a
motor vehicle on @ street, 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) If he is involved in an accident;

(d) If he is about to enter an expressway, tollway,
ion or public or private facility land 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. Screening 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).

ry Te: - Upon determination of probable
cause of violation of this Act, irmatory 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 his/her system.

choose which among firmatory tests shall be
administered on him/ner: ded, 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. Mandatory Confirmatory Chemical Testing. - Any
driver or operator of a motor vehicle involved in a vehicular accident
resulting in death or serious p! injuries shall be subjected to
mandatory confirmatory chem ts to ldetermine the presence
and/or concentration of alcohol and/or drugs.

|



SEC. 9. Penalties. - Any person found guilty of violating the
provisions of this Act shail be sentenced to suffer any of the following
penalties: ij ®

(a) First offense - a fine of One thousand pesos
(P1,000.00) 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 his/her license to drive is suspended.

If serious physical injuries resulted by reason of such violation,
the penalty imposed shail be six to tweive (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 (P1,000,000.00) shail be imposed if several deaths
resulted.

SEC. 10. Driver Education. - Every applicant for a driver's
license shall complete & 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. Liability Under Other Laws. - A prosecution under
this Act shall be without prejudice to any liability for violation of any
provision of Act No. 3185, as amended, or the Revised Penal Code,
Republic Act No. 9165 or the Cornprehensive Dangerous Drugs Act of
2002, or any other law.

SEC. 12. Promulgation of Impiementing Rules and
Regulations. - 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. Separability Clause. - If 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. Repealing 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. Effectivity Ci: - 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,