FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B, No, 2078 
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Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
Data from the 2006 Philippine Statistical Yearbook shows that accidents 
are the top 5 causes of mortality in the Philippines, Indeed, we often see reported 
waste of lives due to accidents, ppecifically vehicular accidents caused by drunk 
driving, on our television screens. The fact that these accidents are preventable, 
and yet, are not prevented, is quite alarming. 
The country's existing laws regarding car accidents involving drunk drivers .,., , 
are lenient and treat these accidents as caused by reckless imprudence rather 
than by deliberate act. There is therefore a need to amend these laws to provide 
stricter penalty for accidents caused by drunk drivers and consider the same as 
offenses by "delict" and not merely as a result of "culpa," 
To ensure the safety of the Filipino people, especially our young ones, 
approval of this Bill is urgently sought. 
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SENATJ~ PIA f CA YET ANO 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. N~. 2078 
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Introduced by SENATOR PIA S. CAYETANO 
AN ACT 
PROHIBITING DRUNK DRIVING, PROVIDING FOR STRICT PENALTIES 
THEREFOR, AMENDING FOR THE PURPOSE THE REVISED PENAL CODE 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "ANTI-DRUNK 
DRIVING ACT of 2010." 
SECTION 2. Drunk Driving. -
A driver of a motor vehicle shall be 
considered drunk if his or her appearance suggests that he or she has consumed 
sufficient level of alcohol as to affect the control of his or her faculties as may be 
determined by the apprehending or investigating police officer from any of the 
following indicators, among others: 
2.1 
Driving Symptoms, i. e. weaving, lane straddling, over speeding, 
sudden stops, swerving and the like. 
2.2 
Personal Symptoms,i. e. slurred speech, breath odor, condition of 
the eyes, demeanor, color of face and the like. 
2.3 
Sobriety Test, i. e. standing on one foot, walking imaginary line, 
finger counting, alternate clapping and the like. 
2.4 
Such other test that may hereinafter be developed by the Land 
Transportation Office. 
Section 3. Driver's Right to Contest. - If the driver controverts the finding 
of the apprehending or investigating police officer, the burden lies with him or her 
to prove that he or she is not drunk by immediately securing a blood test which 
result must show the time the same was taken and that the blood alcohol 
concentration level did not exceed point zero seven percent (0.07%). For 
purposes of this Section, "immediately" shall rnean within two (2) hours from the 
apprehension or investigation. 
Section 4. Duty of Apprehending or Investigating Police Officer. - The 
apprehending or investigating police officer must inform the driver of his or her 
right to remain silent, that anything he or she says can be used against him or 
her, and he or she has a right to counsel before questioning. The officer must 


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likewise inform the driver of his or her right to contest the apprehending or 
investigating officer's finding and the consequence of his or her failure to do the 
same. 
Section 5. Classification of Offense. - The offense under this Act and any 
resulting violation of the Revised Penal Code or any other law shall be treated as 
a "delict," and not merely as "culpa." 
Section 6. Implementing Rules and Regulations. - It shall be the duty of 
the Land Transportation Office of the Department of Transportation and 
Communication, in consultation with the other stakeholders, to promulgate the 
necessary implementing rules and regulation' for the proper implementation of 
this Act. 
Section 7. Penalty. - In ,addition to the penalties for other offenses that 
might likewise have been committed, a person found violating the provision of 
this Act shall be fined as follows: 
. 7.1 
For the first offense: Suspension of license to drive for six months 
and a fine of not less than Two Thousand Pesos but not more than 
Five Thousand Pesos. 
7.2 
For the second offense: Suspension of license to drive for one year 
and a fine of not less Five Thousand Pesos but not more thanI~n .. _ ... 
Thousand Pesos. 
7.3 
For the third offense' Permanent revocation of license with perpetual 
prohibition to drive a motor vehicle and a fine of not less than Ten 
Thousand Pesos but not more than Twenty Thousand Pesos. 
Provided that, should the offender be a public transport driver who at the 
time of the violation is in the performance of his or her duty as such, then the 
penalty shall be as follows: 
7.1.1 For the first offense: Suspension of license to drive for one year 
and a fine of not less than Five Thousand Pesos but not more than 
Ten Thousand Pesos. 
, 
7.1.2 For the second offense: Permanent revocation of license with 
perpetual prohibition to drive a motor vehicle and a fine of not less 
than Ten Thousand Pesos but not more than Twenty Thousand 
Pesos. 
SECTION. 8. 
Separability Clause.-
If any part, section, or provision of 
this Act shall be held invalid or unconstitutional, the other provisions shall not be 
affected thereby. 
SECTION. 9. Repealing Clause.- The Revised Penal Code and all other 
acts, laws, executive orders, presidential issuances, rules and regUlations or any 
part thereof which are inconsistent herewith are hereby deemed repealed or 
modified accordingly. 
SECTION. 10. 
Effectivity. -The provisions of this Act shall take effect 
fifteen days from its publicatioh in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved,