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FIFTEENTH CONGRESS OF THE ) ,
REPUBLIC OF THE PHILIPPINES ) 17 MAY 2012
Second Regular Session } hae Py
HOUSE of REPRESENTATIVES

House Bill No. 6193

Introduced by: MA. THERESA B. BONOAN-DAVID _
4" District, City of Manila

EXPLANATORY NOTE

A motor vehicle driven by a person under the influence of alcohol and/or
drugs becomes a dangerous machine and even a potentially fatal weapon that
may result to unfortunate deaths.

Drunk driving or driving under the influence of alcohol 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 concern 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 liquor or narcotic drug with a corresponding miniscule
penalty for violation, do not address the seriousness of the matter. In many
jurisdictions, driving under the influeiice of aléohol and/or drugs 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 in view of preventing the same.

In view of the foregoing, the passage of this bill is earnestly sought.

ana
MA. THERESA BONOAN-DAVID
4th District, City of Manila



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No._6193

Introduced by: MA. THERESA B. BONOAN-DAVID —
___ 4% District, City of Manila

AN ACT TO PREVENT AND PUNISH DRIVING UNDER THE
INFLUENCE OF ALCOHOL AND/OR DRUGS

Be it enacted by the Senate and House of Representatives in
Congress of the Philippines assembled:

SECTION 1. Shert Title. - This Act shall be known as the "Drunk Driving
Prevention and Punishment Act."

SECTION 2. Policy. - It is the policy of the State to protect its people from
hazards brought about by driving under the influence of alcohol and/or
drugs that foolishly endanger life and property.

SECTION 3. Definitions. - For purposes of this Act:

1)"Motor vehicle" refers to anything that carries people or goods
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powered by a motor or engine.

(2) "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.

(3)"Field sobriety tests" refers to standardized tests, inéluding the
horizontal gaze

(4)"Chemical tests" refers to breath, urine or blood tests to determine
the blood nystagmus, the walk-and-turn, and the one-leg stand,
to assess intoxication alcohol content level and/or the positive
indication of drugs.

(5) "Driving under the influence resulting to physical injuries" refers to
the unlawful and unintentional physical injuries of a person
caused by a driver while driving under the influence.


(6)"Driving under the influence resulting to homicide" refers to the
unlawful and unintentional death of a person caused by a driver
while driving under the influence.

SECTION 4. Driver 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.

The driver's license test shall include written questions concerning
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 and the legal and financial
consequences resulting from violation of the law prohibiting driving
under the influence

SECTION 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 field sobriety tests, the driver shall be
required to undergo chemical tests.

SECTION 6. Chemical Tests. - Upon determination of probable cause of
violation of this Act and as provided under the next preceding section,
chemical tests shall immediately be administered at the direction of the
apprehending law enforcement officer at the laboratory of any authorized
hospital, clinic or test center. Such tests shall consist of blood or urine
sample analysis or any equivalent test to be conducted by any authorized
medical or laboratory authority to determine the suspect's BAC level or
the presence of any prohibited drug in his or her system.

SECTION 7. Mandatory Alcohol and Drug Testing of Drivers involved in Fatal
Motor Vehicle Accidents. -When the driver of a motor vehicle is involved in
an accident resulting in loss of human life, or where there is reason to
believe that death may have resulted from an accident, and there exists
probable cause to believe that the driver is guilty of driving under the
influence, chemical tests shall be administered to the driver, including
those fatally injured, to determine the presence and concentration of

alcohol and/or drugs.


SECTION 8. Administrative License Suspension. - Right after arrest, when a
driver suspected of violating this Act fails the chemical test as prescribed
herein, a notice of suspension shall be served on him.

The notice serves as a temporary permit to drive which shall be
valid for a period not exceeding 45 days within which the suspension
may be challenged. The permit shall automatically be revoked without
need of any further order or declaration to that effect: Provided, however,
that this section shall not be applicable to persons who have been
previously arrested for allegedly violating the provisions of this ad,
regardless of the findings in the previous criminal prosecution, and those
who have previously been found guilty of violating Art. 365 of the Revised
Penal Code.

Criminal Prosecution under this Act shall proceed separately and
independently and shall not be replaced by Administrative License
Suspension.

SECTION 9. 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 is not under the influence of alcohol, drugs
and/or other prohibited substances 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 eight percent
(0.08%). For purposes of this Section, "immediately" shall mean within
two (2) hours from the apprehension or investigation. Such contest
against the finding of the apprehending or investigating police officer
must be done within the period provided in the next preceding section for
challenging an administrative license suspension.

SECTION 10. 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 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 waiver or failure to do the same within the
period provided in the next two preceding sections.

SECTION 11. Classification of Offense. -Any offense committed in
violation of this Act and the resulting violation of the Revised Penal Code
shall be treated as acts malum prohibitum.

SECTION 12. Implied Consent - Any person who drives or operates a
motor vehicle on a street, road, highway or a public or quasi-public area
shall be deemed to have given consent to a test or tests of such person's


blood, breath, urine or other bodily substance for the purpose of
determining his/her BAC level or the presence of prohibited drugs under
the following circumstances:

(a) If he exhibits some indication of alcohol/drug impairment while in
motion, such as speeding, swerving, weaving in traffic or coming
dangerously close to stationary objects or other vehicles;

(b) If he is stopped for a traffic violation or any other offense alleged to
have been committed while in motion;

(c) If he is involved in an accident;

(d)If he is about to enter an expressway, toll way, subdivision or
public or private facility and the authorities thereat finds any
reasonable basis to require screening tests such as alcoholic
breath, slurred speech, sluggish or delayed reaction indicative that
he may be under the influence of alcohol or prohibited drugs

SECTION 13. Penalties. - Any person found guilty of violating the
provisions of this Act shall be sentenced to suffer any of the following
penalties:

(a) First offense - a fine of Three Thousand Pesos (P3,000.00) and
suspension of the offender's license to drive for six (6) months, or
imprisonment for not more than thirty (30) days, at the discretion
of the court: Provided, that if during the period that the offender's
license to drive was suspended, he commits the same offense
again, in addition to the penalty specified in this paragraph, he will
be sentenced to not less than thirty (30) days but not more than
forty-five (45) days of imprisonment.

(b)Second offense - a fine of Five Thousand Pesos (P5,000.00),
suspension of the offender's license to drive for one (1) year and
imprisonment of not more than thirty (30) days: Provided, That if
during the period that the offender's license to drive was
suspended, he commits the same offense again, in addition to the
penalty specified in this paragraph, he will be sentenced to not less
than six (6) months but not more than twelve (12): months of
imprisonment.

(c) Third and all subsequent offenses - a fine of Twenty Thousand
Pesos (P20,000.00), suspension of the offender's license to drive for
three (3) years and sixty (60) days imprisonment: Provided, That
the additional penalty of not less than one (1) year but not more
than three (3) years of imprisonment shall be imposed upon the
offender who shall commit the same offense during the period
when his license to drive is suspended.


(d)In cases wherein a violation of this Act results to a violation of the
Revised Penal Code or other laws, the penalty to be imposed is that
provided under the Revised Penal Code had the act complained of
been intentional, or arresto mayor, whichever is higher, and
suspension of the offender's license to drive for five years.

(€) If serious physical injuries resulted by reason of such violation, the
penalty imposed shall be prision mayor, as defined under the
Revised Penal Code, a fine ranging from Twenty Thousand Pesos
(Php20,000.00) to Fifty Thousand Pesos (Php50,000.00) and
suspension of the offender's license to drive for five years.

(9 If death resulted by reason of such violation, the penalty imposed
shall be reclusion temporal: Provided, That the additional fine of
not less than Fifty Thousand Pesos (PhpS0,000.00) for every
resulting death shall be imposed if several deaths occur by reason
thereof.

The periods for the additional penalty of suspension of license to
drive imposed by this section shall begin to run after service of sentence,
as provided heretofore. The provisions of Article 39 of the Revised Penal
Code imposing subsidiary imprisonment shall be applicable to this Act in
case of non-payment of the fines herein provided.

SECTION 14. 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
shall be given preference in the administration of chemical tests
pursuant to this Act.

SECTION 15.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 needed supplies and
equipment for the administration of chemical tests.

SECTION 16. Alcohol Beverage Manufacturers. - All alcohol beverage
manufacturers are required to conduct public information campaigns to
educate the public about driving under tlie influence and its ill effects
with the end in view of preventing the same

SECTION 17. Repealing Clause. - Republic Act No. 4136, as amended,
and all laws, decrees, orders, rules and regulations or other issuances or


parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 18. Separability Clause. - If any portion or provision of this Act
is declared unconstitutional, the remainder of this Act or any provisions
not affected thereby shall remain in force and effect.

SECTION 19. Effectivity. - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or
in a newspaper of general. circulation in the Philippines.

Approved.