FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
S.NO. 2364 
I 
Introduced bv Senator Antonio ‘‘Sonn~” F. Trillanes IV 
EXPLANATORY NOTE 
Worldwide, an estimated 1.2 million people die in motor vehicle crashes.’ This event parallels 
the increase in the number of motor vehicle-related accidents reported by the Metropolitan 
Manila Development Authority (MMDA) in 2006. Alcohol related crashes are a substantial 
portion of this problem. With the present statistics relating to drunk-driving, it is just but 
essential to ensure public safety by enacting this proposed measure. 
In the United States, open container laws are considered by police agencies to be an important 
tool in their crusade against impaired driving. However, the Philippines’ existing laws on car 
accidents involving drunk drivers are lenient, treating such accidents as caused by reckless 
imprudence and not by deliberate act. 
This bill seeks to prohibit unlawful possession of an open alcoholic beverage container and the 
consumption of any alcoholic beverage by a person in the passenger area of a motor vehicle on a 
public highway or right-of-way. Furthermore, this bill seeks to provide stricter penalties for its 
offenders. 
In view of the foregoing, early approval of this bill is earnestly sought 
A N ~ O ~ O  
VONNY” F~TRILLANES IV 
Senator 
1 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
~ 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
PROHIBITING THE UNLAWFUL POSSESSION OF OPEN ALCOHOLIC BEVERAGE 
IN MOTOR VEHICLE ON EUGHWAYS, AND FOR OTHER PURPOSES 
Re it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Title. This Act shall be known as the “Open Container Law of 2008”. 
n 
L 
3 
4 
defined 
5 
6 
SEC. 2. Definition of Terms. For purposes of this Act, the following terms are hereby 
1. ”Alcoholic beverage“ includes beer, wine and distilled spirits that contains one-half (1/2) of 
one percent (1%) or more of alcohol by volume. 
7 
8 
9 
10 
11 
12 
13 
14 
15 
2. ”Knowingly” means a person acts knowingly with respect to conduct or to a circumstance 
described by a statute defining an offense when the person is aware of the person’s own conduct 
or that the circumstance exists; a person acts knowingly with respect to the result of conduct 
when the person is aware that it is highly probable that the result will be caused by the person’s 
conduct. When knowledge of the existence of a particular fact is an element of an offense, 
knowledge is established if a person is aware of a high probability of its existence. 
3. “Motor Vehicle” means a vehicle driven or drawn by mechanical power and manufactured 
primarily for use on public highways. The tenn does not include a vehicle operated exclusively 
on a rail or rails. 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
4. “Passenger Area” is the area designed to seat the driver and the passengers while the motor 
vehicle is in operation and any area that is readily accessible to the driver or a passenger while in 
their seating positions, including the glove compartment. 
5. “Possession” means the knowing control of anything for a sufficient time to be able to 
terminate control. 
6. “Open alcoholic beverage container” means any bottle, can, or other receptacle - 
a. 
b.’ 
that contains any amount of alcoholic beverage; and 
(i) that is open or h i  a broken seal; or 
(ii) the contents of which are partially removed 
7. “Public Highway or Right-of-way of a Public Highway” is the entire width between and 
immediately adjacent to the boundary lines of any public road, street, highway, or other publicly 
maintained way when any part is open to the use of the public for purposes of motor vehicle 
travel. 
SEC. 3. Unlawful Possession of Open Alcoholic Beverage Container in Motor Vehicle 
on Public Highway or Right-of-way of a Public Highway. Except as provided in Section 4 of 
this law, a person commits the offense of unlawful possession of an open alcoholic beverage 
container in a motor vehicle if the person knowingly possesses an open alcoholic beverage 
container within the passenger area of a motor vehicle, including the possession of or 
consumption by the driver of the vehicle, on a public highway or right-of-way of a public 
highway. 
SEC. 4. Limitations. 
1. This law shall not apply to: 
a) A passenger of a motor vehicle designed, maintained, or primarily used for the 
transportation of persons for compensation and the driver holds a valid commercial driver’s 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
1'9 
20 
21 
22 
23 
24 
25 
26 
license. 
b) A passenger of a bus for which the driver holds a valid commercial driver's license. 
c) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo 
compartment. 
d) A locked case placed in an area that is not readily accessible behind the front seat of a 
pickup truck which has no trunk or separate enclosed area other than the cab of the truck. 
e) A driver who does not have knowledge of and cannot access alcoholic beverages in an 
open container in the passenger area of the vehicle. 
f )  A motor vehicle which is parked or idle and does not have the engine running. This does 
not apply to the right-of-way of a public highway. 
g) This law does not apply to an open alcoholic beverage container: 
i) in a locked glove compartment or storage compartment; 
ii)in a motor vehicle trunk or luggage compartment or in a truck bed or cargo 
compartment; 
iii) behind the last upright seat of a motor vehicle that is not equipped with a trunk, 
iv) in a closed container in the area of a motor vehicle that is not equipped with a 
trunk and that is not normally occupied by the driver or a passenger; or 
v) in the iinmediate possession of a passenger of a motor vehicle, including a bus, 
taxi, or limousine, that is'used for the transportation of persons for compensation and that 
includes the provision of a hired driver. 
2. This law shall not be construed to prohibit the transporting of alcoholic beverages in closed 
containers. 
SEC. 5. Penalties. A person who violates the provisions of this law shall face the 
following sanctions: 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
1. On the first offense, an offender shall face possible jail time of up to one year, one 
thousand pesos (P1,OOO) fine and license suspension of up to one (1) year; 
2. On the second offense within five years of first offense, an offender shall serve a 
mandatory forty-eight (48) hours in jail in addition to the ninety days (90) days up to one (1) year 
jail time, a fine of five thousand pesos (Php 5,000), license suspension of three (3) years and a 
mandatory clinical evaluation and, if indicated, completion of a substance abuse treatment 
program at the offender’s expense; and 
3. On the third offense within five years of the second offense, an offender shall serve a 
mandatory fifteen (15) days jail time, a fine of ten thousand pesos (Php lO,OOO), license 
revocation for five years a mandatory clinical evaluation and, if indicated, completion of a 
substance abuse treatment program at the offender’s expense and the offender shall be declared 
as habitual violator and the licetise plate for hisker vehicle shall be seized and be forwarded to 
the Department of Transportation and Communications (DOTC). 
SEC. 6. Implementing Rules and Regulations. The Department of Transportation and 
Communications (DOTC) is hereby mandated to formulate the d e s  and regulations to 
implement this Act within a period of ninety (90) days from the effectivity thereof. 
SEC. 7. Separability Clause. If any provision of this Act or any part thereof be declared 
unconstitutional or invalid, the other provisions, far as they are separable from the invalid ones, 
shall remain in force and effect. 
SEC. 8. Repealing Clause. All laws, decrees, orders, rules and regulations or parts 
thereof specifically inconsistent with this Act are hereby repealed or modified accordingly. 
4 


1 
2 
SEC. 9. Eflectiviv. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
5