Amendments to the Anti-drunk and Drugged Driving Act of 2013

senate TWENTIETH CONGRESS OF THE ) Ollier of the Secretary REPUBLIC OF THE PHILIPPINES First Regular Session APR 23 P 4:36 SENATE 2068 RECEIVED BY: S. No. - Introduced by Senator Bam Aquino AN ACT AMENDING REPUBLIC ACT NO. 10586 OR THE "ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013" EXPLANATORY NOTE In the early morning of February 8, 2026, a young life was cut short in a tragic hit-and-run incident in Cebu City. At only 23 years old, Kingston Ralph K. Cheng's life was taken-in circumstances that too many Filipinos are familiar with. Drunk driving cases have increased by 255.8% compared to last year, according to government reports. Worst of all, data shows that road crashes are one of the leading causes of death for young Filipinos. Kingston's death reflects a deeper and more urgent problem on our roads. More than a decade after the passage of Republic Act No. 10586, or the Anti- Drunk and Drugged Driving Act of 2013, road crashes continue to claim lives at an alarming rate. What was intended to be a strong deterrent has not kept pace with the realities on our roads. Too many families continue to lose loved ones. Too many drivers still take the risk of getting behind the wheel while impaired. And too often, accountability comes too late, or not at all. Kingston's case exposed a critical gap in the law. Because testing was delayed, the suspect's blood alcohol level had already dissipated, making it difficult to establish intoxication at the time of the incident. Under the current law, a driver can evade liability simply by avoiding immediate testing. This is unacceptable; justice should not depend on how long someone can delay enforcement. This bill seeks to fix these gaps and to strengthen our commitment to safer roads for all Filipinos. First, it introduces clearer and stricter standards for determining intoxication. By setting lower and science-based blood alcohol concentration (BAC) thresholds, the law removes ambiguity and aligns the Philippines with global best practices. Driving is a responsibility, and even small levels of impairment can cost lives.

Second, the bill adopts the principle of implied consent. Every driver, as a condition of holding a license, is deemed to have agreed to alcohol or drug testing when lawfully required. This ensures that enforcement is timely and effective, and prevents individuals from evading responsibility through delay or refusal. Third, it strengthens enforcement through mandatory alcohol screening and timely post-accident testing. Law enforcement and medical institutions are given clear duties to act quickly, recognizing that evidence disappears with time. At the same time, safeguards are in place to ensure that these powers are exercised properly and responsibly. Fourth, the measure recognizes that not all roads are equal. In many parts of our country, pedestrians share space dangerously close to vehicles due to inadequate infrastructure. This bill therefore imposes higher penalties in "vulnerable zones" such as school areas, hospitals, and densely populated communities, places where the risk of harm is highest and where greater care is required. Finally, the bill shifts our approach from purely punitive to also rehabilitative and preventive. It introduces measures such as ignition interlock devices for repeat offenders and intervention programs that address risky behavior. The goal is not only to punish, but to prevent repeat offenses and save lives. At its core, this measure adopts a "Vision Zero" approach: the belief that no loss of life on our roads is acceptable. Road safety is not just a matter of enforcement. It is a matter of policy, design, behavior, and accountability working together. The death of Kingston Cheng is a painful reminder that we must do better to keep our roads safe. Ang mga pagbag-o niining balaod nagsiguro nga ang atong mga lagda dili lamang reaktibo, apan proaktibo; dili lamang silot, apan pang- prebentibo; ug labaw sa tanan, motubag sa importante nga atong gihatag sa kinabuhi sa matag Pilipino ug sa kinabuhi sa mga batan-ong Pilipino, nga sobra nga naapektuhan sa mga aksidente sa dalan. In view of the foregoing, the approval of this bill is earnestly sought. Panagan

Senate TWENTIETH CONGRESS OF THE ) Office of the Secretary REPUBLIC OF THE PHILIPPINES First Regular Session APR 23 P 4:36 SENATE S. No. 2068 RECEIVED BY: Introduced by Senator Bam Aquino AN ACT AMENDING REPUBLIC ACT NO. 10586 OR THE "ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 10586 is hereby amended to read as

follows: "SECTION 3. Definition of Terms. - For purposes of this Act: XXX (e) Driving under the influence of alcoho/ refers to the act of operating a motor vehicle [while the driver's blood alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of intoxication, as established jointly by the Department of Health (DOH), the National Police Commission (NAPOLCOM) and the Department of Transportation and Communications (DOTC).] BY A PERSON IN A STATE OF INTOXICATION AS DETERMINED BY THE FOLLOWING BLOOD ALCOHOL CONCENTRATION (BAC) THRESHOLDS: 1. 0.02% FOR NOVICE DRIVERS (WITHIN THE FIRST THREE YEARS OF LICENSING), PROFESSIONAL DRIVERS, AND OPERATORS OF PUBLIC UTILITY VEHICLES;

2. 0.03% FOR ALL OTHER DRIVERS OF PRIVATE MOTOR VEHICLES. ANY LEVEL OF ALCOHOL ABOVE THESE THRESHOLDS SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF DRIVING UNDER THE INFLUENCE. XXX (K) VULNERABLE ZONES REFER TO HIGH-RISK AREAS WHERE THE PRESENCE OF PEDESTRIANS OR SPECIFIC GROUPS IS CONCENTRATED AND WHERE THE ROAD INFRASTRUCTURE PROVIDES NO PHYSICAL BARRIERS FOR PROTECTION, WHICH AREAS INCLUDE BUT ARE NOT LIMITED TO: SCHOOL ZONES, HOSPITAL VICINITIES, PUBLIC MARKETS, PLAYGROUNDS, AND RESIDENTIAL AREAS WITH HIGH POPULATION DENSITY. (L) IGNITION INTERLOCK DEVICE (IID) REFERS TO A BREATH- ALCOHOL ANALYZER CONNECTED TO A MOTOR VEHICLE'S IGNITION SYSTEM THAT PREVENTS THE VEHICLE FROM STARTING IF IT DETECTS A BAC ABOVE A PRE-SET LIMIT. (M) RETROGRADE EXTRAPOLATION REFERS TO THE SCIENTIFIC PROCESS OF ESTIMATING A PERSON'S BAC AT THE TIME OF DRIVING BY PROJECTING BACKWARD FROM THE TIME A CHEMICAL TEST WAS ACTUALLY ADMINISTERED."

Sec. 2. Section 7 of Republic Act No. 10586 is hereby amended to read as

follows: "Section 7. Mandatory Alcohol [and Chemical Testing of Drivers Involved in Motor Vehicular Accidents] SCREENING, IMPLIED CONSENT, AND PRESUMPTION OF GUILT. - [A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if

necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body] ANY PERSON WHO OPERATES A MOTOR VEHICLE WITHIN THE PHILIPPINES SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OF THEIR BREATH, SALIVA, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING ALCOHOL OR DRUG CONTENT. (A) MANDATORY ALCOHOL SCREENING (MAS): LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO DEMAND A BREATH SAMPLE FOR FIELD SCREENING FROM ANY DRIVER WHO HAS BEEN LAWFULLY STOPPED. (B) PRESUMPTION OF INTOXICATION AND PRIMA FACIE EVIDENCE OF GUILT: IF A DRIVER REFUSES TO SUBMIT TO THE REQUIRED TESTS DESPITE BEING INFORMED OF THE IMPLIED CONSENT RULE, SUCH REFUSAL SHALL GIVE RISE TO A DISPUTABLE PRESUMPTION THAT THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AT THE TIME OF THE OPERATION OF THE VEHICLE, AND SHALL BE DEEMED AS A PRIMA FACIE EVIDENCE OF GUILT. (C) ADMISSIBILITY OF RETROGRADE EXTRAPOLATION: IN CASES WHERE A DRIVER EVADES IMMEDIATE TESTING, THE RESULTS OF A CHEMICAL TEST CONDUCTED WITHIN SIX (6) HOURS OF THE INCIDENT SHALL BE ADMISSIBLE. THE COURT SHALL ALLOW THE USE OF RETROGRADE EXTRAPOLATION BY A QUALIFIED EXPERT TO DETERMINE THE DRIVER'S BAC AT THE TIME OF THE OPERATION OF THE VEHICLE. (D) PRESUMPTION OF RECKLESSNESS: A DRIVER FOUND TO BE IN A STATE OF ROAD RAGE AT THE TIME OF A DUI VIOLATION SHALL BE PRESUMED TO HAVE ACTED WITH GROSS NEGLIGENCE."

Sec 3. A new Section 7-A shall be inserted after Section 7 in Republic Act No.

10586 to read as follows: "SECTION 7-A. POST-ACCIDENT TESTING REQUIREMENTS. - IN THE EVENT OF A ROAD VEHICULAR ACCIDENT RESULTING IN PHYSICAL INJURY OR DEATH: (A) MANDATORY TESTING: ALL DRIVERS INVOLVED SHALL BE SUBJECTED TO A CHEMICAL TEST FOR ALCOHOL AND DRUGS WITHIN TWO (2) HOURS OF THE INCIDENT. (B) LAW ENFORCEMENT DUTY: RESPONDING OFFICERS ARE REQUIRED TO FACILITATE THIS TESTING IMMEDIATELY. FAILURE OF AN OFFICER TO INITIATE TESTING WITHOUT A VALID MEDICAL JUSTIFICATION SHALL BE GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION. (C) MANDATORY COOPERATION OF MEDICAL FACILITIES : ALL GOVERNMENT AND PRIVATE MEDICAL FACILITIES, INCLUDING ATTENDING PHYSICIANS AND MEDICAL STAFF, SHALL HAVE A MANDATORY DUTY TO COOPERATE WITH LAW ENFORCEMENT IN THE ADMINISTRATION OF CHEMICAL TESTS FOLLOWING A VEHICULAR ACCIDENT INVOLVING INJURY OR DEATH, AND ALL MEDICAL FACILITIES MUST TREAT THE EXTRACTION OF SALIVA, BLOOD, OR URINE OR THE ADMINISTRATION OF BREATH TESTS AS A FORENSIC EMERGENCY AND A FORENSIC PRIORITY ENSURING SUCH PROCEDURES ARE CONDUCTED WITHIN THE TWO-HOUR WINDOW REQUIRED TO PREVENT THE NATURAL DISSIPATION OF ALCOHOL. ANY MEDICAL FACILITY, MEDICAL PROFESSIONAL, OR MEDICAL STAFF WHO WILLFULLY REFUSES, DELAYS, OR OBSTRUCTS THE CONDUCT OF A MANDATORY TEST WITHOUT A VALID MEDICAL JUSTIFICATION, SUCH AS IMMEDIATE LIFE-SAVING

INTERVENTION, SHALL BE SUBJECT TO ADMINISTRATIVE, CIVIL, AND CRIMINAL SANCTIONS AND WILL BE PRIMA FACIE EVIDENCE OF OBSTRUCTION OF JUSTICE. FOR THIS PURPOSE, THE PHYSICIAN-PATIENT PRIVILEGE, THE HOSPITAL PRIVACY POLICIES, AND THE PROVISIONS OF THE DATA PRIVACY ACT SHALL NOT APPLY TO THE RESULTS OF CHEMICAL TESTS CONDUCTED FOR DUI INVESTIGATIONS."

Sec. 4. Section 8 of Republic Act 10586 is hereby amended to read as follows:

"SECTION 8. [Refusal to Subject Oneself to Mandatory Tests. - A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver's license, in addition to other penalties provided herein and/or other pertinent laws.] ADMINISTRATIVE PER SE SANCTIONS AND TECHNOLOGICAL SANCTIONS. - NOTWITHSTANDING ANY PENDING CRIMINAL PROCEEDINGS, THE FOLLOWING ADMINISTRATIVE ACTIONS SHALL BE TAKEN: (A) IMMEDIATE CONFISCATION: UPON A FAILED ROADSIDE BREATH TEST OR A REFUSAL TO TEST, THE ARRESTING OFFICER SHALL IMMEDIATELY CONFISCATE THE DRIVER'S PHYSICAL LICENSE AND AUTOMATICALLY ISSUE A NOTICE OF REVOCATION THEREOF. (B) PRECONDITION I FOR RESTORATION: LICENSE RESTORATION SHALL BE CONTINGENT UPON THE COMPLETION OF A STATE-ACCREDITED ALCOHOL SAFETY ACTION PROGRAM (ASAP). (C) MANDATORY IID INSTALLATION: ANY DRIVER CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF

SECTION 5 OF THIS ACT, OR WHOSE VIOLATION RESULTED IN

SERIOUS PHYSICAL INJURY OR DEATH, SHALL BE REQUIRED TO INSTALL AN IGNITION INTERLOCK DEVICE IID) IN ANY VEHICLE THEY OPERATE FOR A PERIOD OF NOT LESS THAN TWO (2) YEARS FOLLOWING THE RESTORATION OF THEIR LICENSE."

Sec. 5. Section 12 of Republic Act No. 10586 is hereby amended to read as

follows: "SECTION 12. Penalties. - A driver found to have been driving a motor vehicle 10 while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows: (a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed. HOWEVER, IF THE VIOLATION DID NOT RESULT IN PHYSICAL INJURIES OR HOMICIDE BUT IS COMMITTED WITHIN A DESIGNATED VULNERABLE ZONE, THE PENALTY SHALL BE INCREASED TO SIX (6) MONTHS IMPRISONMENT AND A FINE RANGING FROM FIFTY THOUSAND PESOS (PHP50,000.00) TO ONE HUNDRED THOUSAND PESOS (PHP100,000.00). (b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is higher, and a fine ranging from One hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos (Php200,000.00) shall be imposed. BUT WHEN THE PHYSICAL INJURIES ARE SUSTAINED WITHIN A VULNERABLE ZONE, THE MAXIMUM PERIOD OF THE

IMPOSABLE PRISON TERM SHALL BE APPLIED, AND THE FINE SHALL BE INCREASED BY FIFTY PERCENT (50%). (c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00) shall be imposed. BUT IF THE HOMICIDE OCCURRED WITHIN A VULNERABLE ZONE, THE PENALTY SHALL BE RECLUSION PERPETUA AND THE FINE SHALL BE INCREASED TO A RANGE OF SEVEN HUNDRED THOUSAND PESOS (PHP700,000.00) TO ONE MILLION PESOS (PHP1,000,000.00). XXX (d) [The nonprofessional driver's license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver's license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver's license shall disqualify the person from being granted any kind of driver's license thereafter]. REHABILITATIVE PATHWAY: IN ADDITION TO THE PENALTIES OF IMPRISONMENT AND FINE, ANY PERSON FOUND IN VIOLATION OF THIS ACT SHALL BE REQUIRED TO ENROLL IN AND SUCCESSFULLY COMPLETE AN IMPAIRED DRIVER INTERVENTION PROGRAM (IDIP). THE IDIP SHALL INCLUDE BEHAVIORAL THERAPY, DEFENSIVE DRIVING EDUCATION, AND VICTIM IMPACT SEMINARS. FAILURE TO COMPLETE THE IDIP SHALL BE A GROUND FOR THE PERMANENT REVOCATION OF THE DRIVER'S LICENSE."

Sec. 6. If, for any reason, any part or provision of this Act is declared invalid or

unconstitutional, the remaining parts or provisions not affected shall remain in full force

Sec. 7. All other laws, presidential decrees, executive orders, rules and

5 regulations contrary to or inconsistent with the provisions of this Act are repealed or 6 modified accordingly.

Sec. 8. This Act shall take effect fifteen (15) days after its publication in the

8 Official Gazette or in a newspaper of general circulation. Approved,