FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
484 
) . 
) , 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
A motor vehicle driven by a person under the influence of alcohol and lor 
drugs becomes a dangerous machine and even a potentially fatal weapon that 
may result in unfortunate deaths.' 
Drunk driving under the influence of and/or drugs, which remains a 
worldwide leading factor in motor vehicle accidents, is a big problem in our 
country that has not been properly addressed. While official reports (or the lack 
thereof) do not accurately show the deleterious effects of drunk driving in our 
country, it cannot be denied that it is indeed a grave public concem that needs to 
be dealt with more seriously. Our antiquated laws, particularly Republic Act No. 
4136, as amended, or the Land Transportation and Traffic Code, which merely 
prohibits driving under the influence of alcohol or narcotic drug with a 
corresponding miniscule penalty for violation, do not address the seriousness of 
the matter. In many jurisdictions, driving under the influence of alcohol and/or 
dugs is considered a great concern that is combated through stricter penalties 
and methodical laws that seek to effectively and efficiently eliminate the problem. 
There must be full personal and social responsibility for the incidence of 
drunk driving in our country. In addition to providing better means of law 
enforcement and stiffer penalties for driving under the influence of alcohol and/or 
drugs, this bill seeks to tackle drunk driving through a comprehensive systems 
approach, which includes driver education, mandatory alcohol and drug testing of 
drivers involved in fatal motor vehicle accidents, the establishment of a drunk 
driving prevention fund for the purpose of funding the implementation of this 
proposed legislation, and the conduct of public information campaigns by alcohol 
beverage manufacturers about drunk driving and its ill effects with the end view 
of preventing the same. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 4 8 4 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PREVENT AND PUNISH DRIVING UNDER THE INFLUENCE OF 
ALCOHOL ANDIOR DRUGS. 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Drunk Driving 
Prevention and Punishment Act of 2010." 
SEC. 2. Declaration of Policy. It is the policy of the State to protect its 
people from hazards brought about by driving under the influence of alcohol 
andlor drugs that foolishly endanger life and property. 
SEC. 3. Definition of Terms. 
a. Motor Vehicle refers to anything that carries people or goods powered by a 
motor or engine. 
b. Driving under the influence refers to the act of operating a motor vehicle 
while intoxicated with alcohol and/or drugs when the driver's mental and motor 
skills are impaired, or when the driver's blood alcohol concentration level is 0.08 
or more. 
c. Field sobriety tests refer to standardized tests, including horizontal gaze 
nystagmus, the walk-and-turn, and one-leg stand, to assess intoxication. 
d. Chemical tests refer to breath, urine or blood tests to determine the blood 
alcohol level andlor the positive indication of drugs. 
e. Driving under the influence resulting to physical injuries refers to the 
unlawful and unintentional physiqal injuries of a person caused by a driver while 
driving under the influence. 
f. Driving under the influence resulting to homicide refers to the unlawful and 
unintentional death of a person caused by a driver driving under the influence. 
SEC. 4. Driving Education. - Every applicant for a driver's license shall 
complete a course of instruction that provides information on driver and safety 
matters, including the effects of consumption of beverage alcohol products and 


the use of illegal drugs, prescription drugs, and non-prescription drugs on the 
ability of a person to operate a motor vehicle; the hazards of driving under the 
influence; and the penalties for driving under the influence. 
SEC. 5. Driving Under the Influence. -
It shall be unlawful for any 
person to be driving under the influence. When a law enforcement officer has 
probable cause to believe a driver to be driving under the influence due to 
manifestations, including erratic driving, poor coordination, or the presence of the 
smell of alcohol, the officer shall conduct field sobriety tests. If the driver fails the 
sobriety test, the driver shall be required to undergo chemical tests. 
SEC. 6. Penalties. - Any person found to be driving under the influence 
not resulting to physical injuries or homicide shall be punished with the penalty of 
prison correccional under the Revised Penal Code, or a fine ranging from twenty 
thousand pesos (PhP20,000) to eighty thousand pesos (PhP80,000), or both. 
Any person who commits ,driving under the influence resulting to physical 
injuries shall be punished with the same applicable penalties as provided in Art. 
263 of the Revised Penal Code or with the same penalty as provided in the next 
preceding paragraph, whichever is higher. 
Any person who commits driving under the influence resulting to homicide 
shall be punished as provided for murder in Art.249 of the Revised Penal Code. 
The driver's license of any person found to be driving under the influence 
shall also be confiscated and suspended for a period of six (6) months for the 
first conviction and twelve (12) m'onths for the second conviction. A conviction for 
the third time under this Act shall result in the revocation of the driver's license 
and perpetual disqualification to hold a driver's license. 
SEC. 7. Mandatory Alcohol and Drug testing Involved in Fatal Motor 
Vehicle Accidents. -
When the driver of a motor vehicle is involved in a 
accident resulting in loss of human life, or where there is reason to believe that 
death may have resulted from an accident, an there exists probable cause to 
believe that the driver is guilty of driving under the influence, chemical tests shall 
be administered to the driver to determine the presence and concentration of 
alcohol and/or drugs. 
SEC. 8. Public Hospitals. - For purposes of this Act, all public hospitals 
are required to have facilities for chemical tests to determine the presence and 
concentration of alcohol and/or drugs. Public hospitals are shall be given 
preference in the administration of chemical tests pursuant to this Act. 
SEC. 9. Drunk Driving Prevention Fund - A fee of not more than ten 
percent (10%) of the fees and charges for license and motor vehicle transactions 
is hereby imposed to constitute the drunk driving prevention fund for the purpose 
of funding the implementation of this Act, including the training of law 
enforcement officers to conduct field sobriety tests and the procurement of the 
neede supplies and equipment for the administration of chemical test. 
SEC. 10. Alcohol Beverage Manufacturers. -
All alcohol beverage 
manufacturers are required to conduct public information campaigns to educate 
the public about driving under the influence and its effects with the end in view of 
preventing the same. 


• 
SEC. 11. Repealing Clause. - Republic Act No. 4136, as amended, and 
all laws, decrees, orders, issuances, rules and regulations or parts thereof 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 12. Separability Clause. -
If for any reason, any portion or 
provision of this Act is declared unconstitutional or invalid; such parts not affected 
thereby shall remain in full force and effect. 
SEC. 13. Effectivity - This Act shall take effect fifteen (15) days following 
the completion of its publication in the Official Gazette or in newspaper of 
General or in newspaper of general circulation in the Philippines. 
Approved,