THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S.B. No. 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
The recent death of a Malacaiiang Undersecretary due to a car accident 
involving a young and allegedly drunk driver and other reports of similar 
accidents resulting to death, physical injuries and destruction to property 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," 
For these reasons. approval of this Bill is urgently sought 
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§.CAYETANO 
Senator 


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OF THE PHILIPPINES 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
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S E N A T E  
S. 8 No. 
Introduced by SENATOR COMPANERA 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 2004." 
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. 
Personal Symptoms, i. e. slurred speech, breath odor, condition of 
the eyes, demeanor, color of face and the like. 
Sobriety Test, i. e. standing on one foot, walking imaginary line, 
finger counting, alternate clapping and the like. 
Such other test that may hereinafter be developed by the Land 
Transportation Office. 
2.2 
2.3 
2.4 
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 mean within two (2) hours from the 
apprehension or investigation. 
Section 4. Duty of Apprehending or lnvestigafing 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. He must 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. Duty of the Land Transportation Office. - It shall be the duty of 
the Land Transportation Office of the Department of Transportation and 
Communication to promulgate the necessary implementing rules and regulation 
for the proper implementation of this Act. 
Section 6. 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 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. 
For the second offense: Suspension of license to drive for one year 
and a fine of not less Five Thousand Pesos but not more than Ten 
Thousand Pesos. 
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: 
7.2 
7.3 
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 publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved,