FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 () 
JllL 21 
A 9 :5Al 
SENi~93 
S.No. ___ _ 
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. 
Health care has always been last ,among the priorities of many Filipino families. In many 
cases, a lot of our countrymen seek medical attention only if their condition is already at an 
Alcohol abuse and illegal dmg 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 perforruance of individuals, and is a critical factor in 
transportation accidents. The governnient should expend the greatest efforts to eliminate the 
abuse of alcohol and use of illegal dmgs, whether on duty or off duty, by those individuals who 
are involved in the operation of commercial jeepneys, tmcks, 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 harrued.' 
, Lw~ J ~ 
. .4~ .Oy.:t:.0 
~IRIAM DEtt~SOR Sif:fTIA(O 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 
.JUl 21 
1\9 :5~ 
SENATE 
S. No. 1693 
fJ~~tlV~:D B'if : ,+., __ 
=.~,-_ 
Introduced by Senator Miriam Defensor Santiago 
~/ 
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AN ACT 
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PROVIDING FOR TESTING FOR THE USE, WITHOUT LAWFUL AUTHORIZATION, 
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OF ALCOHOL OR CONTROLLED SUBSTANCES 
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BY THE OPERATORS OF COMMERCIAL MOTOR VEHICLES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION l. Short Title. - This Act shall be cited as the "Commercial Motor Vehicle 
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Safety Act." 
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SECTION 2. Regulations. -
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(A) The Secretary of the Department of Transportation and Communications shall, in the 
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interest of commercial motor vehicle safety, issue regulations, standards and order relating to 
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alcohol and drug abuse in motor vehicle operations, within twelve months after the date of 
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enactment of this Act, which shall-
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(l) Require the conduct of pre-employment, reasonable suspicion, random, and 
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post-accident testing of all employees responsible for safety-sensitive function, as 
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determined by the office, for use, in violation of this Act relating to alcohol or 
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controlled substance; 
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(2) Require disqualification for an established period of time or dismissal of any 
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employee determined to have used or to have been impaired by alcohol while on 
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duty; and 
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(3) Require disqualific'ltion for an established period of time or dismissal of any 
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employee determined to have used a controlled substance, whether on duty or not 
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on duty, except as permitted for medical purposes by law and any rules, 
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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 
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appropriate in interest of safety, requiring the conduct of periodic recurring testing of drivers and 
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employees responsible for such safety sensitive functions, for use of alcohol or a controlled 
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substance in violation of this Act. Nothing in this subsection shall be construed to restrict the 
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discretion of the office to continue in force, amend, or further supplement any rules, regulations, 
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standards, and orders governing the use of alcohol and controlled substances in motor vehicle 
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operations issued before the passage ofthis 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 
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opportunity for treatment of operators of commercial motor vehicles who are determined to have 
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used, in violation of this Act, alcohol or a controlled substance. He shall also determine the 
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circumstances under which such operators shall be required to participate in such program. 
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Nothing in this subsection shall preclude a motor carrier from establishing a program under this 
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subsection in cooperation with any other motor carrier. 
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SECTION 4. Procedures for l'esting. - In establishing the program required under 
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Section 3 ofthis Act, the Secretary shall develop requirements which sha11-
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(A) Promote, to the maximum extent practicable, individual privacy in the collection of 
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specimen samples; 
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(B) With respect to laboratories and testing procedures for controlled substances, the 
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LTO shall coordinate with the Department of Health and provide mandatory guidelines which-
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(I) Establish comprehensive standards for all aspects of laboratory controlled 
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substances testing and laboratory procedures to be applied in carrying out this 
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section, including standards which require the use of the best available technology 
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for ensuring the full reliability and accuracy of controlled substances tests and 
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strict procedures governing the chain of custody of specimen samples collected 
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for controlled substances testing; 
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(2) Establish the minimum list of controlled substances for which individuals 
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may be tested; and 
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(3) Establish appropriate standards and procedures for periodic review of 
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laboratories and criteria for certification and revocation of certification of 
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laboratories to perfonn controlled substances testing in carrying out this section; 
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(4) Require that all labotatories involved in the testing of any individual under 
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this section shall have the capability and facility, at such laboratory, of perfonning 
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screening and confinnation tests; 
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(5) Provide that all test which indicate the use, in violation of this Act, of alcohol 
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or a controlled substance by any individual shall be confinned by a scientifically 
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recognized method of testing capable of providing quantitative data regarding 
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alcohol or a controlled substance; 
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(6) Provide that each specimen sample be subdivided, secured, and labeled in the 
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presence of the tested individual and that a portion thereof be retained in a secure 
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manner to prevent the possibility of tampering, so that in the event the 
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individual's confinnation tests are positive the individual has an opportunity to 
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have the retained portion ,assayed by a confinnation test done independently at a 
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second certified laboratory if the individual requests the independent test within 
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three (3) days after being advised of the results ofthe confinnation tests; 
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(7) Ensure appropriate safeguards for testing to detect and quantify alcohol in 
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breath and body fluid samples, including urine and blood, through the 
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development of regulations as may be necessary and in consultation with the 
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Department of Health; 
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(8) Provide for the confidentiality of test results and medical infonnation other 
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than infonnation relating to alcohol or a controlled substance of employees, 
• 
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except that the provisions of this paragraph shall not preclude the use of test 
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results for the orderly imposition of appropriate sanctions under this section; and 
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(9) Ensure that employees are selected for tests by nondiscriminatory and 
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impartial methods, so that no employee is harassed by being treated differently 
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from other employees in similar circumstances. 
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, 
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SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
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with the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
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