Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

Nineteenth Congress
Third Regular Session

House Bill No, 11220

Introduced by Akbayan Representative Percival Cendafia

AN ACT
AMENDING REPUBLIC ACT NO. 10586, OTHERWISE KNOWN AS THE “ANTI-
DRUNK AND DRUGGED DRIVING ACT OF 2013”

Prefatory Statement

Globally, the World Health Organization (WHO) cites road traffic crashes as the leading
cause of death among people aged 15-29 years. In the Philippines, in the years 2015-
2019, out of 18, 735 deaths due to road crashes, 5,213 are attributable to alcohol use."
‘An average of three out of ten deaths from vehicular accidents involved an alcohol-
impaired driver.

While Republic Act No. (RA) 10586, also known as the “Anti-Drunk and Drugged Driving
Act of 2013," is a laudable legislation promoting safe transportation, the Global Status
Report on Road Safety 2015, gave a rating of 1 out of a maximum score of 10 in its
enforcement and implementation.

This proposed legislation aims to strengthen existing rules and regulations on road safety
by instituting the following measures:

(+ Providing funds in order to procure breathalyzers to fully implement the “Anti-Drunk
and Drugged Driving Act of 2013";

* Sobriety checkpoints and random breath-testing;

+ Administrative suspension of licenses

+ Institute for Health Metrics and Evaluation, University of Washington, 2020.


* Other proactive measures such as alternative transportation, designated drivers,
and mass media campaigns.

Deaths caused by vehicular accidents are completely preventable. Road safety
measures should be implemented proactively to reduce the risk of alcohol-related

harms. Safe transportation should be an important component of any country's roadmap
towards development and progress.

The passage of this bill is earnestly sought.

fcival Cendafia

Akbayan Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

Nineteenth Congress
Third Regular Session

House Bil No. 11220

Introduced by Akbayan Representative Percival Cendafia

AN ACT
AMENDING REPUBLIC ACT NO. 10586, OTHERWISE KNOWN AS THE “ANTI-DRUNK AND
DRUGGED DRIVING ACT OF 2013”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 1 of Republic Act No. 10586 is hereby further amended to read as

follows:
“Section 1. Short Title. - This Act shall be known as the "ANTI-IMPAIRED DRIVING ACT
OF 2024”.
SECTION 2. Section 9 of Republic Act No. 10586 is hereby further amended to read as
follows:

“SECTION 9. ACQUISITION OF EQUIPMENT. - WITHIN SIX (6) MONTHS FROM THE
EFFECTIVITY OF THIS ACT, THE LAND TRANSPORTATION OFFICE (LTO) AND THE
PHILIPPINE NATIONAL POLICE (PNP) SHALL ACQUIRE AND MAINTAIN AN
ADEQUATE NUMBER OF BREATH ANALYZERS TO BE UTILIZED BY LAW
ENFORCEMENT OFFICERS AND DEPUTIZED LOCAL TRAFFIC ENFORCEMENT
OFFICERS NATIONWIDE.

THE NUMBER OF BREATH ANALYZERS CONSIDERED ‘ADEQUATE’ SHALL BE
DETERMINED BASED ON A NEEDS ASSESSMENT CONDUCTED JOINTLY BY THE
LTO AND PNP, IN CONSULTATION WITH RELEVANT TRAFFIC SAFETY EXPERTS
AND PUBLIC HEALTH AGENCIES. THE NEEDS ASSESSMENT SHALL CONSIDER,
AMONG OTHERS, THE NUMBER OF TRAFFIC ENFORCEMENT PERSONNEL,
HISTORICAL DATA ON ROAD ACCIDENTS INVOLVING INTOXICATION, AND
GEOGRAPHIC AND POPULATION NEEDS PER REGION.



THE ACQUISITION AND MAINTENANCE OF THESE DEVICES SHALL BE A
CONTINUOUS PROCESS, SUBJECT TO PERIODIC REVIEW OF LTO AND PNP
EVERY TWO (2) YEARS TO ENSURE THE SUFFICIENCY AND FUNCTIONALITY OF
THE EQUIPMENT.

FUNDING FOR THE ACQUISITION, MAINTENANCE, AND PERIODIC UPGRADE
OF THESE DEVICES SHALL BE SOURCED FROM THE ANNUAL BUDGET
APPROPRIATIONS OF THE LTO AND PNP, SUPPLEMENTED, IF NECESSARY, BY
GRANTS, DONATIONS, OR SPECIAL APPROPRIATIONS AUTHORIZED BY
CONGRESS.

THE LTO AND PNP SHALL DIVIDE COSTS PROPORTIONALLY BASED ON THE
NUMBER OF PERSONNEL EACH AGENCY DEPLOYS FOR ROAD SAFETY
ENFORCEMENT DUTIES AND THE VOLUME OF TRAFFIC INCIDENTS MANAGED IN
THEIR RESPECTIVE JURISDICTIONS.

THE LTO AND PNP SHALL PROVIDE AN ANNUAL REPORT TO CONGRESS
DETAILING THE NUMBER OF BREATH ANALYZERS ACQUIRED, THE
DISTRIBUTION ACROSS REGIONS, AND ANY CHALLENGES ENCOUNTERED IN
EQUIPMENT DEPLOYMENT AND MAINTENANCE.”

SECTION 3. Section 10 of Republic Act No. 10586 is hereby further amended to read as

follows:

“Section 10. Deputation. The LTO [may] SHALL deputize traffic enforcement officers of
the PNP, the Metropolitan Manila Development Authority (MMDA), TOLL OPERATORS,
and THE LOCAL TRAFFIC ENFORCEMENT OFFICERS OF cities and municipalities in
order to enforce the provisions of this Act.

FOR THIS PURPOSE, THE AFOREMENTIONED GOVERNMENT AGENCIES AND
INSTITUTIONS MAY ESTABLISH OR DESIGNATE A BUREAU OR UNIT FOR THE
DEPUTIZED TRAFFIC ENFORCERS WHO ARE CHARGED TO ENFORCE THE
PROVISIONS OF THIS ACT.


SECTION 4. Section 12 of Republic Act No. 10586 is hereby further amended to read as
follows:

“Section 12. Penalties. — A driver found to have been driving a motor vehicle while under
the influence of alcohol, dangerous drugs and/or other similar substances, as provided for
under Section 5 of this Act, shall be penalized as follows:

Seonousons

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(a) If the violation of Section 5 did not result in SERIOUS physical injuries or
homicide, OR RESULTED IN LESS SERIOUS PHYSICAL INJURIES AS
DEFINED IN ARTICLE 265 OF THE REVISED PENAL CODE, OR SLIGHT
PHYSICAL INJURIES AS DEFINED IN ARTICLE 266 OF THE REVISED PENAL
CODE, the penalty of [three-{3} months] TWELVE (12) MONTHS imprisonment,
and a fine ranging from [Twenty] FIFTY thousand pesos [{2p20,000.00)] (PHP
50,000) to [Bighty] ONE HUNDRED thousand pesos [(Php80,000.00)] (PHP.
100,000) shall be imposed;

(b) If the violation of Section 5 resulted in SERIOUS physical injuries, the penalty
provided in IN THE APPLICABLE PARAGRAPH OF Article 263 of the Revised
Penal Code, IN ITS MAXIMUM PERIOD, or the penalty provided in the [next]
IMMEDIATELY preceding subparagraph, whichever is higher, and a fine ranging
from One hundred FIFTY thousand pesos [((Php409,000-90}] (PHP 150,000) to
THREE [#wo] hundred thousand pesos [(2Ap200,000.00)] (PHP 300,000) shall
be imposed;

() If the violation of Section 5 resulted in homicide, the penalty OF RECLUSION
‘TEMPORAL provided in Article 249 of the Revised Penal Code, IN ITS MAXIMUM
PERIOD, and a fine ranging from [Three] FIVE hundred thousand pesos
[(Php300,000.00)] (PHP 500,000) to [Five—hundred—thousand—pesos
{Phyp600,000.00)] ONE MILLION PESOS (PHP 1,000,000) shall be imposed; and

(d) The nonprofessional driver’s license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of
[pwelve-{42)] TWENTY-FOUR (24) months for the first conviction and perpetually
revoked for the second conviction. The professional driver's license of any person
found to have violated Section 5 of this Act shall also be confiscated and
perpetually revoked for the first conviction. The perpetual revocation of a driver's
license shall disqualify the person from being granted any kind of driver's license
thereafter. PROVIDED, THAT DURING THE PENDENCY OF THE CASE, THE
DRIVER'S LICENSE SHALL BE CONFISCATED AND SHALL BE TURNED
OVER TO LTO, PROVIDED FURTHER, THAT CONFISCATED DRIVER'S
LICENSES SHALL BE RELEASED BY LTO ONLY AFTER FINAL DISPOSITION
OR LAWFUL ORDER OF THE COURTS.

Xxx"


‘SECTION 5. Section 14 of Republic Act No. 10586 is hereby further amended to read as.
follows:

“Section 14. Nationwide Information Campaign. — Within [one-{4}-month] SIX (6)
MONTHS from the promulgation of the implementing rules and regulations as provided
under Section 17 hereof, the Philippine Information Agency (PIA), in coordination with the
LTO, the local government units (LGUs) and other concerned agencies, shall conduct

©C@VYF9 HALON

10 information, education, and communication (IEC) campaign for the attainment of the
"1 objectives of this Act. LIKEWISE, THE MONTH OF NOVEMBER SHALL BE DECLARED
12 AS THE NATIONAL ANTI-IMPAIRED DRIVING AWARENESS MONTH TO PROMOTE
13 RESPONSIBLE DRIVING AND ROAD SAFETY.”

14

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16 SECTION 6. Section 15 of Republic Act No. 10586 is hereby further amended to read as
17 follows:

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19 “Section 15. Nationwide Random Terminal and Toll Inspection. - The LTO, together with
20 deputized toll operators shall REGULARLY conduct random terminal and toll inspections
21 of private and public utility drivers. IN CASE A DRIVER OR CONDUCTOR WAS FOUND
22 IMPAIRED BY ALCOHOL, APPROPRIATE ACTION SHALL BE UNDERTAKEN
23 UNDER THIS ACT AND THE OPERATOR IN CASE OF PUBLIC UTILITY VEHICLES
24 SHALL LIKEWISE BE MADE LIABLE IF FOUND TO BE NON-COMPLIANT WITH
25 RELEVANT ADMINISTRATIVE GUIDELINES AND REGULATIONS. The cost of such
26 tests shall be defrayed by the LTO.”

ar

28 SECTION 7. A new section designated as Section 18 of Republic Act No.10586 is hereby
29 inserted to read as follows:

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31 “SECTION 18. PROACTIVE MEASURES TO PREVENT IMPAIRED DRIVING.—
32 PRIVATE AND PUBLIC ESTABLISHMENTS, SUCH AS BARS, CLUBS, AND OTHER
33 ESTABLISHMENTS SERVING ALOCOHOL SHALL INSTITUTE PROACTIVE
34 MEASURES TO PREVENT IMPAIRED DRIVING SUCH AS ENGAGING DESIGNATED
35 DRIVERS, ALTERNATIVE MODES OF TRANSPORTATION FOR IMPAIRED
36 DRIVERS, AND OTHER INNOVATIVE MEASURES TO PREVENT IMPAIRED DRIVING
37 AND PROMOTE SAFE TRANSPORTATION.”

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40 SECTION 8. Anew section designated as Section 19 of Republic Act No. 10586 is hereby
41 inserted to read as follows:

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43 “SECTION 19. APPROPRIATIONS. - THE INITIAL AMOUNT OF PHP 1,600,000,000

44 (ONE BILLION AND SIX HUNDRED MILLION PESOS) IS HEREBY APPROPRIATED


UNDER THE DEPARTMENT OF TRANSPORTATION (DOTR) THROUGH THE LAND
‘TRANSPORTATION OFFICE (LTO) FOR THE FIRST YEAR OF IMPLEMENTATION OF
THIS ACT. THEREAFTER, SUCH AMOUNT NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ACT SHALL BE APPROPRIATED IN THE ANNUAL GENERAL,
APPROPRIATIONS ACT.”

SECTION 9. Repealing Clause. - All other laws, decrees, executive orders, issuances,
and rules and regulations, or part thereof, inconsistent with this Act are hereby likewise repealed
or amended accordingly.

SECTION 10. Separability Clause. — If, for any reason, any section or provision of this Act
is declared unconstitutional or invalid, the other sections or provisions not affected thereby shall
remain in full force and effect.

SECTION 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days upon
publication in at least two (2) newspapers of general circulation.

Approved,