1.

The law is implemented in favor of the accused and the burden of proof rests with
the Land transportation Office (LTO). However, other options for testing for alcohol such as
blood tests, are not mentioned in the law also in its implementing rules and regulations. Blood
tests are one of the most reliable methods for detecting heavy alcohol consumption. It also an
effective measure to determine if the person is misreporting alcohol consumption, drinking
heavily or struggling with alcohol relapse. Therefore, insisting on a blood test would be a
violation of the driver’s rights.

2. In addition, whenever there is impossibility for the standardized procedure to be

undertaken and for the driver to undergo breath analyzer and conduct the required field
sobriety tests in case of a near-fatal motor vehicle accident per se wherein the law enforcers
has already a probable cause, blood test is the most efficient and convenient way in order to
initially assess and determine the latter's intoxication.

3. Under the law, the LTO has the task of administering alcohol breath analyzer tests on
motorists suspected to be driving under the influence of alcohol, dangerous drugs and/or
similar substances and may deputize traffic enforcers with the Philippine National Police (PNP),
the Metropolitan Manila Development Authority (MMDA) and cities and municipalities to
implement its provisions.

It is worth noting for the need of composite corps of trained traffic enforcers to
implement the anti-drunk and drugged driving law. The government definitely needs to involve
more personnel in addition to those fielded by the LTO, MMDA and PNP and they would need
the proper equipment, specifically more breath analyzers to properly enforce the law and
prevent the many road crashes and pedestrian accidents caused by drunk driving especially
during wee hours.

4. It appears that the law does not require any specific level of alcohol intoxication to
those who are riding bicycle while under the influence of alcohol in order for one to be liable
under the law.

It bears stressing that there is no substantial distinctions as to threats pose by bicycles

compared to motor vehicles given the fact that drunk bicyclist can also have a profound effect
on others considering the nature of a bicycle because they are sharing road spaces with
vehicles much larger and heavier than a bike as well as with the pedestrians. Even assuming
that a drunken bicyclist most likely harm only themselves, the chances of getting into a more
serious accident linked into alcohol use such as causing property damage should never be taken
lightly. Hence, cyclists must ensure that they are staying aware of their surroundings at all
times .

5. The law deals with violations by drivers of motor vehicles. It has no provision for
prohibition for drivers to allow passengers who are under the influence of intoxicating
substances. These persons also pose threats to the safety of other passengers for drunk
passengers is prone to react irrationally and violently, due to lack or diminution of self-control.
 In People of the Philippines vs. Glino , a drunken passenger stabbed to death
another passenger and wounded his wife without any warning and provocation before the
former has alighted from the jeepney. The present law only prohibits and punishes drunk
driving. It does not provide any provisions for banning a drunk person from riding a public
vehicle or boarding to any public conveyance to protect innocent passengers from such
intoxicated persons.

6. Finally, the diligence of a good father of a family which a man exercises over his own affairs
will not suffice to exempt from liability this is pursuant to Section 13 this law. Furthermore, in
connection with law on transportations whether under the Civil Code or Mercantile Laws it is
required for employers to exercise extraordinary diligence in the supervision and control of their
employees to avoid civil liability for death or injury occasioned by the negligence or imprudence
of their employees. Such diligence is required because of the ever-present danger to
passengers and pedestrians in view of the nature of the motor vehicle, the condition of the
streets, human errors and other factors.

In view of the foregoing, it is hereby recommended that R.A. 10586 be reviewed and amended
in achieving the essence of the law in the protection of life and property as well as the
promotion of the general welfare by encouraging drivers to submit to a certain degree of ethical
driving standards.

1. Encourage the drivers not to be driving while under the influence of liquor.

to Intensify information drive using available media outlets such as printed materials, broadcast
networks, posters, hosting meetings and dialogues between and among stakeholders.

3. Systematic information dissemination is needed to be designed involving all stakeholders to be

undertaken through a simple but informative seminar. The proposed seminar designed for the purpose
may be adopted for all Land Transportation Office (LTO) personnel, police officers, and drivers.

4. The PUV drivers, through their organization, may organize a symposium on RA 10586 in partnership
with Land Transportation Office (LTO) and Philippine National Police (PNP).

Driving under the influence of narcotics and alcohol is the most common and leading cause of
vehicular accidents in the Metro hence the cliché “don’t drink and drive”. Alcohol consumption
has a downing effect on our body, especially on our nervous system: the one that controls our
reflexes, reasoning and motor skills.