FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Civil Code, Article 1755 provides: 
Article 1755. A common carrier is bound to carry 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 
alcohol and illegal drugs greatly affects the performance of individuals, and is a critical factor in 
transportation accidents. 
The government should expend the greatest efforts to eliminate the abuse of alcohol and 
use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the 
operation of commercial jeepneys, trucks, and buses. 
Hence, this bill seeks to provide for testing for the use, without lawful authorization, of 
alcohol or controlled substances by the operators of commercial motor vehicles in a manner 
which protects an individual’s right of privacy and ensures that no individual’s reputation or 
career development is unduly threatened or harmed.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
7 JUI. 24 
j )  :3 : 15 
First Regular Session 
1 
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 the “Commercial Motor Vehicle 
Safety Act.” 
SECTION 2. Regulations. - 
(A) The Secretary of the Department c Transportation and Communications shall, in the 
interest of commercial motor vehicle safety, issue regulations, standards and order relating to 
alcohol and drug abuse in motor vehicle operations, within twelve months after the date of 
enactment of this Act, which shall- 
(1) Require the conduct of pre-employment, reasonable suspicion, random, and 
post-accident testing of all employees responsible for safety-sensitive function, as 
determined by the office, for use, in violation of this Act relating to alcohol or controlled 
substance; 
(2) Require 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 
(3) Require 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 medical purposes by law and any rules, regulations, 
standards, or orders issued under this Act.. 
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(B) The Secretary may also issue rules, regulations, standards, and orders, as he consider 
appropriate in interest of safety, requiring the conduct of periodic recurring testing of drivers and 
employees responsible for such safety sensitive functions, for use of alcohol or a controlled 
substance in violation of this Act. Nothing in this subsection shall be construed to restrict the 
discretion of the office to continue in force, amend, or further supplement any rules, regulations, 
standards, and orders governing the use of alcohol and controlled substances in motor vehicle 
operations issued before the passage of this Act. 
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SECTION 3. Program for Rehabilitation. - The Secretary shall issue regulations setting 
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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 required under 
Section 3 of this Act, the Secretary shall develop requirements which shall- 
(A) Promote, to the maximum extent practicable, individual privacy in the collection of 
specimen samples; 
(B) With respect to laboratories and testing procedures for controlled substances, the 
LTO shall coordinate with the Department of Health and provide mandatory guidelines which- 
(1) 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 accuracy of controlled substances tests and strict procedures 
governing the chain of custody of specimen samples collected for controlled substances 
testing; 
(2) Establish the minimum list of controlled substances for which individuals may 
be tested; and 
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(3) 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; 
(4) 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; 
(5) Provide that all test 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; 
(6) 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 opportunity to have the retained portion assayed by 
a confirmation test done independently at a second certified laboratory if the individual 
requests the independent test within three (3) days after being advised of the results of the 
confirmation tests; 
(7) 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; 
(8) 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 
(9) Ensure that employees are selected for tests by nondiscriminatory and 
impartial methods, so that no employee is harassed by being treated differently from 
other employees in similar circumstances. 
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SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or 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 provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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