REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF TRANSPORTATION
LAND TRANSPORTATION OFFICE
East Avenue, Quezon City
E -mail Address: ltombox@lto.gov.ph . Website: www.lto.gov.ph

MEMORANDUM
FOR : EDGAR C. GALVANTE
Assistant Secretary

THRU : ROMEO G. VERA CRUZ

Executive Director
SUBJECT : Complaint against Mr. Joel D.M. Torreda (N02-19-038266)
for violation of R.A. No. 10586 and related laws.

DATE : 28 December 2020

RESOLUTION
(CASE NO. LES-ADDEU-20-1228-001)

This resolves the investigation being conducted by the Law Enforcement

Service of the Land Transportation Office (LES- LTO) on the implementation of R.A. No.
10586 otherwise known as the “Anti- Drunk and Drugged Driving Act of 2013”.

FACTS OF THE CASE

Pursuant to the mandate of R.A. No. 10586, a composite team from different
government agencies, which include operatives from LES-LTO, Philippine Drug
Enforcement Agency (PDEA) and Philippine National Police (PNP), conducted a
random drug testing at KELLEN TRANSPORT INC., bus terminal located at Minuyan
Industrial Zone, City of San Jose Del Monte, Bulacan on 18 February 2020. During the
said activity, Mr. Joel D.M. Torreda with Conductor’s License No. N02-19-038266
underwent drug testing and tested positive in the initial screening for using
Methamphetamine Hydrochloride, a dangerous drug commonly known as "Shabu", "Ice"
or "Meth".
To validate the result of the initial screening test, Mr. Torreda was subjected for
drug confirmatory tests. On 18 February 2020, NH Medical Laboratory issued Chemistry
Report CCF No. 202002180028 signed by Dr. Ricardo Almodovar Francisco finding Mr.
Torreda positive for using Methamphetamine Hydrochloride as prohibited under R.A.
No. 9165 otherwise known as the “Comprehensive Dangerous Drugs Act”. Copy of the
confirmatory test is hereby attached as “Annex-A” for ready reference.
A Show Cause Order dated 14 July 2020 was issued to Mr. Torreda as part of
the due process and in order for him to have an opportunity to explain and/or comment

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of why his Driver's License should not be suspended or revoked for having violated R.A.
No. 10586. Copy of the Show Cause Order was received by Kellen Transport Inc. bus
Company. Copy of the Show Cause Order is hereby attached as "Annex-B" for ready
reference.
However, Mr. Torreda did not appear on the scheduled date of hearing and was
considered absent because his whereabouts are unknown and/or cannot be determined
by due diligence which shall be construed as waiver of his right to be heard, explain
and/or comment therefore, leaving the Office to resolve the case based on the available
records.

ISSUE
Whether or not Mr. Torreda is administratively liable under R.A. No. 10586.

DISCUSSIONS

AUTHORITY TO CONDUCT RANDOM DRUG

TESTING OF PUBLIC UTILITY DRIVERS.

The authority of the Land Transportation Office (LTO) to conduct random

inspections on bus and jeepney terminals and drug test of public utility drivers emanates
from Section 15 of R.A. No. 10586 which provides that:
"Section 15. Nationwide Random Terminal Inspection and Quick
Random Drug Tests- The LTO shall conduct random terminal inspections
and quick random drug tests of public utility drivers. The cost of such tests
shall be defrayed by the LTO".
MR. TORREDA FOUND POSITIVE FOR THE USE
OF METHAMPHETAMINE HYDROCHLORIDE.

During the conduct of random drug testing at Kellen Transport Inc. Bus Terminal
Mr. Torreda tested positive in the initial screening for using Methamphetamine
Hydrochloride, a dangerous drug prohibited under R.A. No. 9165. The result of the initial
screening test was confirmed by NH Medical Laboratory as evidenced by Chemistry
Report CCF No. 202002180028 signed by Dr. Ricardo Almodovar Francisco.
The use of dangerous drugs is prohibited under R.A. No. 9165. Likewise,
persons with Conductor's License are prohibited to use illegal pursuant to R.A. No.
10586.
MR. TORREDA VIOLATED SECTION 3
AND SECTION 5 OF R.A. No. 10586.

Section 3 of R.A. No. 10586 (Anti-Drunk and Drugged Driving Act of 2013) defines
the following to wit;

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 “(d) Dangerous drugs and other similar substances refer to drugs
listed in the schedules annexed to the 1961 Single Convention on
Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules
annexed to the 1971 Single Convention of Psychotropic Substances as
enumerated in its attachment which is an integral part of Republic Act No.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of
2002″ and those that the Board may reclassify, add to or remove from the
list of dangerous drugs.” x-x-x

“(f) Driving under the influence of dangerous drugs and other

similar substances refers to the act of operating a motor vehicle while the
driver, after being subjected to a confirmatory test as mandated under
Republic Act No. 9165, is found to be positive for use of any dangerous
drug.” (Emphasis Supplied)

Section 5. Punishable Act. – It shall be unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous drugs and/or other similar
substances.

The uncontradicted pieces of evidence on record clearly show that Mr. Torreda
used Methamphetamine Hydrochloride a dangerous drug commonly known as "Shabu"
which is in violation of Section 15 of R.A. No. 9165. Being a holder of Conductor’s
License Mr. Torreda violated Section 5 of R.A. No. 10586.
This proceeding is conducted independent to the criminal or civil action arising
from the wrongful acts or omissions committed by Mr. Torreda pursuant to the "Three-
Fold Liability Rule". An action for each can proceed independently of the others.
Dismissal of the criminal action does not foreclose the institution of an administrative
action. [Office of the Court Administrator vs. Enriquez, 218 SCRA 1].
In administrative proceedings, the quantum of proof required is only substantial
evidence. Substantial evidence means such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion unlike in criminal case where proof
beyond reasonable doubt is required. After a more incisive scrutiny of the records, this
Office is convinced that Mr. Torreda’s culpability has been proven by substantial
evidence.
MR. TORREDA TO UNDERGO DRUG
REHABILITATION OR INTERVENTION.

Possession of a license is merely a privilege and not a right. Pursuant to R.A. No.
4136 and other related laws, the LTO is mandated to regulate the issuance of any kind
of license to qualified individuals especially those who will operate public utility vehicle.
This is to ensure safety on public roads.
Violation of laws, rules and regulations governing land transportation and other
related laws are meted with corresponding penalty that include drug rehabilitation or
intervention program to which Mr. Torreda is not exempt.
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MR. TORREDA IS AN IMPROPER PERSON
TO OPERATE A MOTOR VEHICLE.

Under Section 27(a) of R.A. No. 4136 provides that;

Section 27. Authority to Suspend, Revoke and Reinstate
Driver’s License.
a).The Commissioner may suspend for a period not exceeding
three months or, after hearing, revoke any driver’s license issued
under the provisions of this Act and may order any such license to be
delivered to him whenever he has reason to believe that the holder
thereof is an improper person to operate motor vehicles, or in
operating or using a motor vehicle in, or as an accessory to, the
commission of any crime or act which endangers the public. xxx”
(Emphasis Supplied)”.
Persons with Conductor's License are prohibited to use illegal drugs. Therefore,
Mr. Torreda is an improper person to operate a motor vehicle for violating Section 5 of
R.A. No. 10586.

RULING
WHEREFORE, premises considered, it is respectfully recommended that:

1. Mr. Torreda shall undergo drug rehabilitation or any intervention program for a
period of six (6) months or as determined by competent authorities depending on his
situation with any Department of Health (DOH) accredited facility and to present a
certificate of completion and/or certification that he undergone rehabilitation/intervention
program to the LTO before acquiring a new license;
2. Pending drug rehabilitation or intervention program, Mr. Torreda shall be
placed under alarm to prevent him from acquiring a new Driver’s License; and
3. Copy of this Resolution shall form part of Mr. Torreda’s records with the LTO
for future reference.

Respectfully submitted.

Approved by:

EDGAR C. GALVANTE
Assistant Secretary

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