THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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are involved in the operation of commercial jeepneys, trucks, and buses. 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The Civil Code, Article 1755 provides: 
Article 1755. A common carrier is bound to cany the passengers as 
far as human care and foresight can provide using the utmost diligence of 
very cautious persons, with due regard for all the circumstances. 
Alcohol abuse and illegal drug use pose significant dangers to the safety and 
welfare of the public. In fact, recent studies conducted by the LTO, have demonstrated 
that the use-of alcohok and illegal .drugs greatly affects the performance of individuals, 
and is a critical factor in transportation accidents. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENAB~ 
S.B. 
No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR TESTING FOR THE USE, WITHOUT LAWFUL 
AUTHORIZATION, OF ALCOHOL OR CONTROLLED SUBSTANCES BY THE 
OPERATORS OF COMMERCIAL MOTOR VEHICLES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be cited as "Commercial Motor 
Vehicle Safety Act." 
SITTION 
2.3egulations. L 
(1) 
The 
Secretary o€ the 
Department 
of Transportation 
and 
Communications shall, in the interest of commercial motor vehicle safety, issue 
regulations, standards and orders relating to alcohol and drug abuse in motor 
vehicle operations, within twelve months after the date of enactment of this ct. 
Such regulations shall establish a program which - 
(A) requires the conduct of pre-employment, reasonable susp cion, 
random, and post-accident testing of all employees responsible for safety- 
sensitive functions (as determined by the office) for use, in violation of 
this Act relating to alcohol or controlled substance; 
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- (B) 
requires disqualification for an established period of time or 
dismissal of any employee determined to have used or to have been 
impaired by alcohol while on duty; and 
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(C) 
requires disqualification for an established period of time or 
dismissal of any employee determined to have used a controlled 
substance, whether on duty or not on duty, except as permitted for pdical 
purposes by law and any rules, regulations, standards, or orders 
under this Act. 
issued 
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SECTION 3. Program for Rehabilitation. - The Secretary shall issue 
regulations setting forth requirements for rehabilitation programs which provide for the 
identification and opportunity for treatment of operators of commercial motor vehicles 
who are-determined 
to have used, in violation of this Act, alcohol or a controlled 
substance. He shall also determine the circumstances under which such operators shall 
be required to participate in such program. Nothing in this subsection shall preclude a 
motor carrier from establishing a program under this subsection in cooperation with any 
other motor carrier. 
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SECTION 4. Procedures for Testing. - In establishing the program r quired 
under subsection (A) of this section, the Secretary shall develop requirements which 
shall- 
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(1) promote, to the maximum extent practicable, individual privacy in the 
collection of specimen samples; 
(2) with respect to laboratories and testing procedures for controlled 
substances, t& LTO shall coordinate with the Department of Health and provide 
mandatory guidelines which - 
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(A) establish comprehensive standards for all aspects of laboratory 
controlled substances testing and laboratory procedures to be applied in 
carrying out this section, including standards which require the use of the 
best available technology for ensuring the full reliability and accu acy of 
controlled substances tests and strict procedures governing the c ain of 
custody of specimen samples c'ollected for controlled substances tes ing; 
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(B) establish the minimum list of controlled substances for which 
individuals may be tested; and 
(C) establish appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and revocation of 
certification of laboratories to perform controlled substances testing in 
carrying out this section; 
(3) require that all laboratories involved in the testing of any individual 
under this section shall have the capability and facility, at such laboratory, of 
performing screening and confirmation tests; 
(4) provide that all tests which indicate the use, in violation of this Act, of 
alcohol or a controlled substance by any individual shall be confirmed by a 
scientifically recognized method of testing capable of providing quantitative data 
regarding alcohol-or a controlled substance; 
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(5) provide that each specimen sample be subdivided, secured, and labeled 
in the presence of the tested individual and that a portion thereof be retained in a 
secure manner to prevent the possibility of tampering, so that in the event the 
individual's confirmation tests are positive the individual has an opport nity to 
have the retained portion assayed by a confirmation test done independen ly at a 
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second certified laboratory if the individual requests the independent test within 
three (3) days after being advised of the results of the confirmation test; 
(6) ensure appropriate safeguards for testing to detect and quantify alcohol 
in breath and body fluid samples, including urine and blood, through the 
,development of regulations as may be necessary and in consultation with the 
Department of Health; 
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(7) provide for the-confidentiality of test results and medical information 
(other than information relating to alcohol or a controlled substance) of 
employees, except that the provisions of this paragraph shall not preclude the use 
of test results for the orderly imposition of appropriate sanctions under this 
section; and 
(8) ensure that employees are selected for tests by 
impartial methods, so that no employee is harassed by 
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from other employees in similar circumstances. 
SECTION 5. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law of the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly. 
SECTION 7. Effectivity Cluuse. - This Act shall take effect fifteen (1 5) days 
after its publication in at least two (2) newspapers of general circulation 
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Approved. 
FN: 1453