Professional Documents
Culture Documents
The Problem
Introduction
Accidents happen anytime and anywhere but the road is among the most
common places where they happen. And one of the common factors that caused
traffic accidents is driving under the influence of alcohol and drug substance.
Drunk driving is prohibited in all parts of the world. Each country has a law
Philippines, this act of man is governed under the Republic Act No. 10586 also
known as the Anti-Drunk and Drugged Driving Act of 2013. The law provides all
the programs, that can help the law enforcers implements what is stated in the
law. But no matter how effective the programs is, if the implementation is not
specially when they are in the influence of alcohol and drug substances, the law
becomes meaningless. This is the problem that we can always see on Cagayan
de Oro City main road. The law stated that 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, however these laws were not properly observed
Road-traffic collisions are responsible for 1.2 million deaths and as many as 50
Although death and injury due to road-traffic collisions have decreased in recent
1
years in many high-income countries, their burden remains a large contributor to
overall mortality and morbidity (Cinnamon, et.al, 2011). More than 90% of
drivers engaged in some form of risky driving behavior (Fergusson, et.al., 2008)
which is mostly attributed to alcohol drinking. O’Connor and Ruiz (2014), on road
traffic injuries in the Philippines, it highlights that there are 1.24 million deaths
due to road traffic injuries and majority occur in low and middle-income countries.
In spite of the presence of this law and information drive of the government there
is an increasing trend of violations on the traffic rules and regulations and part of
it is drunk driving which lead to great extent of fatality to the persons involved.
Human error is the major cause of traffic violations (Miguel, et.al, 2014,
Pungtilan, et.al., 2013). Road accidents in Cagayan de Oro City main road are
in Cagayan de Oro reached 731, up from 679 from the same period on the
previous year (Lynlrd Alexsei N. Corrales). According to the Road and Traffic
5.9 million pesos compared to 4.3 million pesos on the previous year.
This study is conducted to know what is the profile of drivers and how their
conducting road test, violations committed by the drivers and its corresponding
2
Conceptual Framework
The Republic Act 10586 refers to the “Anti-Drunk and Drugged Driving Act
recognizes the protection of life and property and the promotion of the general
welfare as essential for the enjoyment of the blessing of democracy. Thus, the
State ensure road safety through the observance of the citizenry of responsible
and ethical driving standards. Towards this end, the State shall penalize the acts
of driving under the influence of alcohol, dangerous drugs, and other intoxicating
substances and shall instill the standards of safe driving and the benefits derived
strategies.
3
Independent Variable Dependent Variable
terms of conduct of road testing, violations and penalties that were embodied on
the provisions of RA 10586. The dependent variable which is the perceived level
demographic profile.
4
This study aimed to determine implementation of RA 10586 among the
1.1 Age;
1.2 Sex;
2.2 Violations
2.3 Penalty
5
Driving under the influence of any substance like alcohol had leads to many road
incidents or much worse the alcohol related crimes. If alcohol consumption does
through changes in policies that affect the demand for alcohol (Markowitz, 2001).
traffic rules and regulations and awareness of the motorists/ drivers in the driving
of the Anti-Drunk and Drugged Driving Act of 2013 or R.A 10586. At a similar
point, build up harmony in a society where each driver has a sense of security
and create fear in mind to the drivers of potential accidents, loss of life, and
damage to property before committing the action that knows that they have to
Land Transportation Office. This study will improve the service standards and
regulations of the LTO and for other purposes, strengthen its advocacy on road
safety to lessen death attributes and the number of road accidents due to drunk
driving.
Hospitals. This study will provide help to medical services where road accidents
due to drunk driving and associated injuries are major public health problems in
the country.
6
This study will focus on the implementation of drunk driving law among the
driver passing the selected main road of Cagayan de Oro City. The primary
subject of this research study are the 50 drivers that questioned for the collection
The source of this study is taken in the provisions under the Anti-Drunk
and Drugged Driving Act of 2013. The profile of the driver in terms of their age,
sex, educational attainment and civil status, have effect on the method of
road on how the programs are implemented as to the case of road accidents.
Afterwards, the researchers come up with the assessment procedures where the
Although the research has reached its aims, there are some unavoidable
limitations. The researchers choose only 50 drivers who are at least 18 years old
and above, for the reason that the one who can avail driver license must be at
least 18 years old according to the mandating of LTO. Another is that, the
respondents may not be honest with their answers that may lead to the
misinterpretation of data.
7
Definition of Terms
For a better understanding of this study, the following terms are defined in
Age. Age as being used in this research refers to the length of time that a driver
lived or existed.
Driver. Refers to every and any licensed operator of a motor vehicle (RA 4136).
completed.
certain programs.
Land Transportation and Traffic Code. A Law that deals primarily with the
Main Road. A road that is commonly used and that goes through the main part
Motor vehicle. Refers to vehicle propelled by any power other than muscular
8
PNP-HPG. Refers to a Group of uniformed personnel under the PNP who
enforces the traffic laws and regulations, promote safety along the main road or
R.A 10586. It refers to an Act Penalizing Persons Driving Under the Influence of
Sex. Refers to both sexes of male and female as being used in this research.
Traffic enforcer. Police personnel who maintain public order and safety of the
main road.
9
CHAPTER II
conclusions, methodologies, and other data that are related to the present study.
The materials that are included in this chapter help in familiarizing information
Related Literature
According to (Subramanian R.) motor vehicle crashes are the leading cause
of death for Ameri-cans age 4 and ages 11 through 27. In the United States,
and resulted in more than10,000 deaths (National Center for Statistics and
impaired driving between 1982 and1997, little has been achieved since that time
10
Local Literature
Driving Act of 2013. This means drivers of public utility vehicles (PUVs) and
private motored vehicles who violated the new law will be apprehended. "The
driver should strictly follow the He said LTO-Western Visayas held a seminar and
in Bacolod City, Silay City with eight, Talisay City with seven, Murcia with seven,
Bago City with three and the Highway Patrol Group with three. Law because
Novero warned.
11
Related Studies
Foreign Studies
The Grand Rapids Study by Borkenstein et al.14 was the first and still most
during 1962–63 with a control group of 7,590 drivers during the same period. The
control group was randomly sampled at 2,000 places at times of day and days of
week, representative of accidents occurring over the previous three years. This
remains a landmark in its field despite the passage of a quarter century and the
Grand Rapid study had a significant impact on public policies in North America,
Australia, New Zealand, Japan and Europe. Since then, the use of deterrence
techniques in the prevention of alcohol related traffic problems has been gaining
has been the principal method to reduce alcohol impaired driving. Legislation has
concentration (BAC) limits for drivers. While originally, such legislation specified
limits as high as 0.10%, recently countries have reduced the level to as low as
0.02%. The BAC level legally permitted is a public policy decision by legislators,
indicating the BAC level at which psychomotor skills deteriorate and accident
12
probabilities increase. Virtually all drivers are substantially impaired at 0.05%
BAC.
Local Studies
the research procedure, the researcher found out that in Implemented Rules and
often obey and well performed of their duties and responsibilities regarding R.A
respondents. However, the findings of this study have led the researcher in
Regulations.
In Tan (2018), the Land Transportation Office (LTO) reported that few violators
were caught for RA 10586, which is only 101 motorists for six months in the
country
and are first-time offenders. In 2015, the agency had provided a total of 756
breath
analyzers to the Philippine National Police (PNP) and its offices in different
regions
and deputized 818 personnel coming from various government agencies
including
the LTO, PNP, and Metropolitan Manila Development Authority (MMDA) to arrest
13
violators. In Region 1, the Land Transportation Office conducted a three-day
Deputization and Traffic Law Enforcement seminar for 116 police officers for
deployment in the highways as LTO Deputized Enforcers. The policemen are
deputized to help reduce the incidence of traffic accidents by irresponsible and
reckless drivers through strict enforcement of traffic rules and to discipline
drivers.
The deputized 116 policemen will complement the LTO enforcers in the region in
enforcing traffic rules and regulations. They also help educate motorists and
impose discipline on the highways. Most of the road accidents is attributed to
abusive drivers and motorists who do not know the meaning of traffic signs and
warnings.
agolong et al. (2014) found out that the traffic enforcement of the Traffic
Management Center in Davao City in terms of traffic direction and control was
very high, especially in directing the vehicles and pedestrians in the proper
loading areas. They advise the general public concerning traffic congestion. The
traffic enforcers showed very good performance in the apprehension traffic
violators. Drivers apprehended violates the non-wearing of helmet or seatbelt,
and driving under the influence of alcohol or drug. Strict traffic enforcement is
observed but the respondents differ in their ability in the implementation.
Vehicular accidents and accidents involving pedestrians is attributed on drivers’
attitude towards policies and the enforcement ability of the traffic enforcers.
14
CHAPTER III
METHODOLOGY
Research Design
attainment and civil status. It was conducted on the road of Bulua, Cagayan de
implementation of the anti-drunk driving law. Brief analysis was conducted and
15
conduct of road testing, the violations that they committed and the affiliate
penalty. Survey was composed of questionnaires that is used to gather the data
of the respondents.
Research Respondents
respondents based on who are available on the selected main road of Cagayan
de Oro City.
Research Locale
This study was conducted in the selected main road of Cagayan de Oro
City of Misamis Oriental. The researcher selects the location based on most
traffic area. The selected location is the road of Bulua, Cagayan de Oro City.
Research Instrument
collect, measure and analyze the data. The questionnaires consist of two parts.
16
Part 1 determines the profile of the 50 respondents as per their age, sex,
The instrument was pre-test and was associated with a series of amendments
reliability.
Sampling Procedure
The study was conducted on the selected main road of Bulua, Cagayan
de Oro City since random respondent are drivers. The researchers explained the
purpose of the study to the selected respondents and collected the data by
Scoring Procedure
17
The following shows the scoring procedure that were used in describing
the data of the study was based on survey questionnaires that collected form the
respondents that pass the main road of Cagayan de Oro City. The questionnaire
was answerable by always, often, sometimes and never wherein the scale of
4 3.28-4.03 Always
3 2.52-3.27 Often
2 1.76-2.51 Sometimes
1 1.00-1.75 Never
law in terms of conducting road test, violations and its affiliate penalty.
Statistical Treatment
18
The researcher uses the following statistical treatment in the analysis and
1. The profile of the respondents was determined using the frequency count
status.
CHAPTER IV
The presentation precedes the following order in the statement of the problem.
1.1 Age;
1.2 Sex;
19
1.3 Educational attainment; and,
Frequency Percentage
20
33 – 35 years old 3 6%
36 – 38 years old 4 8%
Total 50 100%
according to their age. The data revealed that out of 50 drivers, 10 or 20% are 39
to 40 years old and above, 9 or 18% are 24 to 26 years old, 7 or 14% are 27 to
29 years old, 6 or 12% both the 21 to 23 years old and 30 to 32 years old, 5 or
35 years old.
It was observed that there are many drivers who are age of 39 to 40 years
old and above who passed the road of Bulua, Cagayan de Oro City.
21
Frequency Percentage
Male 43 86%
Female 7 14%
Total 50 100%
according to their sex. The data revealed that out of 50 driver, 43 or 86% are
It was observed that the majority of drivers who passed the road of Bulua,
Frequency Percentage
Attainment
22
High school level 23 46%
Vocational 8 16%
Total 50 100%
according to their educational attainment. The data revealed that out of 50 driver,
It was observed that majority of the driver who passed the road of Bulua,
(N=50)
Frequency Percentage
23
Single 18 36%
Married 28 56%
Separated 4 8%
Total 50 100%
according to their civil status. The data revealed that out of 50 driver, 28 or 56%
It was observed that majority of the driver who passed the road of Bulua,
Rati
4 3 2 1 WM SD DR
24
1. Alam ko na
nang law
enforcement officer
para sa pagsusuri,
ay kailangan kung
sumunod sa kanila.
2. Gaano ko ba
awtoridad sa tuwing
lumalabag sa anti-
3. Alam ko na
pwede akong
malagay sa
25
mandatory breath
nang alcohol sa
dugo ko.
4. Alam ko na
kapag di ako
mandatory breath
analyzer test ay
pwede ma revoke
5. Alam ko na
kapag may
makatwiran dahilan
enforcement officer
upang maniwala na
ako ay lango sa
26
mamaneho ay
sa police station.
TOTAL WEIGHTED
Legend:
WM – weighted mean
SD – standard deviation
DR – descriptive rating
The table 5 shows the descriptive statistics on how the driver perceived the level
The data revealed that on question 5, majority of the drivers responded on the
rating scale 4 in which it has obtained the highest mean rating of 3.54 with a
27
standard deviation of 15.91 and described as “Always”. On the other hand,
question 2 has obtained the lowest mean of 3.00 with a standard deviation of
The overall weighted mean rating was 3.28 with standard deviation of 11.65 and
described as “Often”. This means that many drivers who passed the road of
Bulua, Cagayan de Oro City often knows about the conduct of road testing done
by traffic
law enforcement officer, like the field sobriety test and mandatory breath analyzer
test.
Table 6. Violations
Indicators 4 3 2 1 WM SD DR
1. Alam ko na
magmaneho nang
lasing.
2. Alam ko na
magmaneho nang
28
lango sa droga o
na mga sangkap
nito.
3. Alam ko na
makulong sa
paglabag sa batas
ukol sa anti-drunk
driving law.
4. Alam ko na
sumunod sa
batas ay pwede
akong arestohin sa
kasong hindi
pagsunod sa
awtoridad.
29
5. Alam ko na
kapag nasa
ay pwede itong
magresulta sa
aksidente na
pwede ikamatay
ko at nang ibang
tao.
TOTAL
MEAN
Legend:
WM – weighted mean
SD – standard deviation
DR – descriptive rating
30
4 3.28 – 4.03 always
The table 6 shows the descriptive statistics on how the driver perceived
the level of implementation of the anti-drunk driving and drugged law in terms of
the violations.
the rating scale 4 in which it has obtained the highest mean rating of 3.62 with a
question 4 has obtained the lowest mean of 3.50 with a standard deviation of
The overall weighted mean rating was 3.56 with standard deviation of
15.32 and described as “Always”. This means that majority of the drivers passed
the road of Bulua, Cagayan de Oro City always know about the violations under
the provisions of anti-drunk and drugged law. Furthermore, the data revealed that
the drivers always know the consequences if they happen to infract any
31
Table 7. Penalty
Indicators R
4 3 2 1 WM SD DR
1. Alam ko na kapag
impluwensya ng alak
ay pwede akong
makulong at pag
multahin sa halagang
100 thousand
hanggang 200
thousand pesos
kapag nagresulta ng
32
pisikal na pinsala sa
biktima.
2. Alam ko na kapag
makulong at pag
multahin sa halagang
10 thousand
hanggang 20
na pinsala o
pagkamatay nang
biktima.
3. Alam ko na kapag
impluwensya nang
33
alak ay pwede akong 18 11 10 11 2.72 4.09 Often
makulong at
pagmultahin sa
halagang 300
thousand hanggang
pagkamatay nang
biktima.
4. Alam ko na kapag
alak at hindi
professional license
pwede kumpiskahin
at suspendihin nang
lisensta sa unang
pagkahuli at tuluyang
34
nahuli sa
pangalawang
pakakataon.
5. Alam ko na kapag
alak at professional
gamit ay pwedeng
suspendihin at
tuluyang bawian
nang lisensya sa
unang pagkahuli.
TOTAL WEIGHTED
Legend:
WM – weighted mean
35
SD – standard deviation
DR – descriptive rating
The table 7 shows the descriptive statistics on how the driver perceived
the level of implementation of the anti-drunk driving and drugged law in terms of
the penalties.
the rating scale 4 in which it has obtained the highest mean rating of 2.84 with a
standard deviation of 7.16 and described as “Often”. On the other hand, question
1 has obtained the lowest mean of 2.68 with a standard deviation of 3.20 and
described as “Often”.
The overall weighted mean rating was 2.76 with standard deviation of 5.35
and described as “Often”. This means that majority of the drivers passed the road
of Bulua, Cagayan de Oro City often know about the penalties attached to the
said law when they violate any of the provisions under the law.
36
CHAPTER V
This chapter presents the summary and conclusion derived in the conduct
of the study which is to probe the level of implementation of RA 10586 among the
driver passing the selected main road of Cagayan de Oro City. It also provides
The study was conducted on the selected main road of Cagayan de Oro
City. The respondents were the drivers who passed the Bulua road. They were
quasi-experimental method. Pertinent data were obtained thru pre-test and post-
test. The statistical tools used were mean, percentage and frequency.
1.1 Age
37
It was observed that there are many drivers who are age of 39 to 40 years
old and above who passed the road of Bulua, Cagayan de Oro City.
The data revealed that out of 50 drivers, 10 or 20% are 39 to 40 years old
and above, 9 or 18% are 24 to 26 years old, 7 or 14% are 27 to 29 years old, 6 or
12% both the 21 to 23 years old and 30 to 32 years old, 5 or 10% are 18 to 20
1.2 Sex
It was observed that the majority of drivers who passed the road of Bulua,
The data revealed that out of 50 driver, 43 or 86% are male and 7 or 14%
are female.
It was observed that majority of the driver who passed the road of Bulua,
The data revealed that out of 50 driver, 23 or 46% attained high school
It was observed that majority of the driver who passed the road of Bulua,
38
The data revealed that out of 50 driver, 28 or 56% are married, 18 or 36%
The data revealed that many drivers who passed the road of Bulua,
Cagayan de Oro City often knows about the conduct of road testing done by
traffic law enforcement officer, like the field sobriety test and mandatory breath
analyzer test.
2.2 Violations
The data revealed that majority of the drivers who passed the road of
Bulua, Cagayan de Oro City always know about the violations under the
provisions of anti-drunk and drugged law. Furthermore, the data revealed that the
majority of the driver feared the consequences if they happen to infract any
2.3 Penalty
The data revealed that majority of the drivers who passed the road of
Bulua, Cagayan de Oro City often know about the penalties attached to the said
39
B. Conclusions
the researcher:
1. The researcher concludes that the driver who passed the Bulua road
always know about the violations taken under the provisions of anti-drunk
and drugged driving law. As observed that the respondents are afraid of
2. The researcher further concludes that the driver who passed the Bulua
conduct of road testing and the penalties attached for the violation thereof.
As observed that the respondents still do not fully know about the
knows that they will charge of a different fines as attached to the violations
3. The demographical profile of the respondents also had great affects when
40
C. Recommendations
know what is the importance of that law in terms of road traffic safety. The
mandatory drug test whenever they apply or renew their driver’s license.
should attend seminars and trainings not just inside the organization but
3. The LTO should develop a training facility for their own officers for the
4. The PDEA should create a group of expert agents that will battle big
41
5. Lastly, the researcher recommends that the future researcher who will
read this research study will develop and enhance this study for the
Bibliography
High-Incident Intersections
Is driving under the influence of cannabis becoming a greater risk to driver safety
Pungtilan, Mark Gelie et.al (2013). Perceptions of the Riding Public on the
Evidence from an International Study," NBER Working Paper No. 7481, January
2000, and in The Economic Analysis of Substance Use and Abuse: The
Grossman and C.R. Hsieh, eds. Cheltenham, United Kingdom: Edward Elgar
Publishing, 2001.
42
Subramanian R. Motor vehicle traffic crashes as a leading cause of death
in the United States, 2008 and 2009. In: Traffic Safety Facts: Re-search Notes.
and Driving Attitudes and Behaviors: 2008: Vol 2. Findings Report. Washington,
2005.
Borkenstein R.F., Crowther R.F., Shumate R.P., Ziel W.B., Zylman R. The
43
APPENDIX A
44
Appendix B
45
Appendix C
46
Appendix D
Survey Questionnaire
47
INSTRUCTION: Provide a check (✔) on the space provided that corresponds your
profile
AGE:
☐ 18 – 20 years old
☐ 21 – 23 years old
☐ 24 – 26 years old
☐ 27 – 29 years old
☐ 30 – 32 years old
☐ 33 – 35 years old
☐ 36 – 38 years old
☐ 39 – 40 years old and above
SEX:
☐ Male
☐ Female
EDUCATIONAL ATTAINMENT:
☐ Grade school
☐ High school
☐ Vocational
☐ College graduate
CIVIL STATUS:
☐ Single
☐ Married
☐ Widowed
48
Legend:
Scale Description
4 Always
3 Often
2 Sometimes
1 Never
49
sumunod sa mandatory breath 4 3 2 1
analyzer test ay pwede ma revoke
ang aking lisensya.
IN TERMS OF VIOLATIONS:
Always Often Sometimes Never
50
5. Alam ko na kapag nasa
impluwensya ako nang alak o droga
4 3 2 1
ay pwede itong magresulta sa
aksidente na pwede ikamatay ko at
nang ibang tao.
IN TERMS OF PENALTIES:
Always Often Sometimes Never
51
bangga at nasa ilalim nang
impluwensya nang alak ay pwede
akong makulong at pagmultahin sa 4 3 2 1
halagang 300 thousand hanggang
500 thousand pesos kapag nag
resulta sa pagkamatay nang biktima.
Appendix E
52
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE
OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES,
AND FOR OTHER PURPOSES
SECTION 1. Short Title. – This Act shall be known as the “Anti-Drunk and
Drugged Driving Act of 2013”.
Towards this end, the State shall penalize the acts of driving under the influence
of alcohol, dangerous drugs and other intoxicating substances and shall inculcate
the standards of safe driving and the benefits that may be derived from it through
institutional programs and appropriate public information strategies.
(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled
spirits, the consumption of which produces intoxication.
(b) Breath analyzer refers to the equipment which can determine the blood alcohol
concentration level of a person through testing of his breath.
53
(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the
blood alcohol concentration level and/or positive indication of dangerous drugs
and similar substances in a person’s body.
(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.
(e) Driving under the influence of alcohol 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).
(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.
(g) Field sobriety tests refer to standardized tests to initially assess and determine
intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-
leg stand, and other similar tests as determined jointly by the DOH, the
NAPOLCOM and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle propelled by any power
other than muscular power.
54
(i) Motor vehicles designed to carry hazardous materials refer to those designed to
carry or transport materials which may endanger health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and used to carry or
transport passengers or goods.
SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license
shall complete a course of instruction that provides information on safe driving
including, but not limited to, the effects of the consumption of alcoholic
beverages on the ability of a person to operate a motor vehicle, the hazards of
driving under the influence of alcohol, dangerous drugs and/or other similar
substances, and the penalties attached for violation thereof.
For professional drivers, every applicant for a driver’s license or those applying
for renewal thereof shall undergo the driver’s education herein stated.
The driver’s license written examination shall include questions concerning the
effects of alcohol and drug intoxication on the ability of a person to operate a
motor vehicle and the legal and pecuniary consequences resulting from violation
of the provisions of this Act.
SEC. 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.
55
alcohol in a person’s breath or signs of use of dangerous drugs and other similar
substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the law enforcement
officer to implement the mandatory determination of the driver’s blood alcohol
concentration level through the use of a breath analyzer or similar measuring
instrument.
If the law enforcement officer has probable cause to believe that a person is
driving under the influence of dangerous drugs and/or other similar substances, it
shall be the duty of the law enforcement officer to bring the driver to the nearest
police station to be subjected to a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement officers shall be
responsible in implementing this section.
56
SEC. 9. Acquisition of Equipment. – Within four (4) months from the effectivity
of this Act, the Land Transportation Office (LTO) and the Philippine National
Police (PNP) shall acquire sufficient breath analyzers and drug-testing kits to be
utilized by law enforcement officers and deputized local traffic enforcement
officers nationwide giving priority to areas with high reported occurrences of
accidents. For purposes of acquiring these equipment and for the training
seminars indicated in Section 10 hereof, the LTO shall utilize the Special Road
Safety Fund allotted for this purpose as provided under Section 7 of Republic Act
No. 8794, entitled: “An Act Imposing a Motor Vehicle User’s Charge on Owners
of All Types of Motor Vehicles and for Other Purposes”. Additional yearly
appropriations for the purchase of breath analyzers and drug-testing kits shall be
provided annually under the General Appropriations Act.
SEC. 10. Deputation. – The LTO may deputize traffic enforcement officers of the
PNP, the Metropolitan Manila Development Authority (MMDA) and cities and
municipalities in order to enforce the provisions of this Act.
SEC. 11. Law Enforcement Officer Education. – The LTO and the PNP shall
conduct training seminars for their law enforcers and deputies with regard to the
proper conduct of field sobriety tests and breath analyzer tests every year. Within
four (4) months from the effectivity of this Act, the LTO shall publish the
guidelines and procedures for the proper conduct of field sobriety tests, which
guidelines shall be made available to the public and made available for download
through the official LTO website.
SEC. 12. Penalties. – A driver found to have been driving a motor vehicle 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
57
thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be
imposed;
(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;
(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.
The prosecution for any violation of this Act shall be without prejudice to
criminal prosecution for violation of the Revised Penal Code, Republic Act No.
9165 and other special laws and existing local ordinances, whenever applicable.
SEC. 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. –
The owner and/or operator of the vehicle driven by the offender shall be directly
and principally held liable together with the offender for the fine and the award
against the offender for civil damages unless he or she is able to convincingly
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prove that he or she has exercised extraordinary diligence in the selection and
supervision of his or her drivers in general and the offending driver in particular.
This section shall principally apply to the owners and/or operators of public utility
vehicles and commercial vehicles such as delivery vans, cargo trucks, container
trucks, school and company buses, hotel transports, cars or vans for rent, taxi
cabs, and the like.
SEC. 14. Nationwide Information Campaign. – Within one (1) month from the
promulgation of the implementing rules and regulations as provided under Section
17 hereof, the Philippine Information Agency (PIA), in coordination with the
LTO, the local government units (LGUs) and other concerned agencies, shall
conduct information, education and communication (IEC) campaign for the
attainment of the objectives of this Act.
SEC. 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.
SEC. 16. Review of Penalties. – The LTO shall, after five (5) years from the
effectivity of this Act and every five (5) years thereafter, review the applicability
and enforcement of all foregoing pecuniary penalties and shall initiate amendment
and/or upgrade the same as may be necessary, subject to the approval of the
Secretary of the DOTC.
SEC. 17. Implementing Rules and Regulations. – The DOTC, the DOH and the
NAPOLCOM shall, within three (3) months from the effectivity of this Act,
jointly promulgate the necessary implementing rules and regulations to carry out
the provisions of this Act.
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SEC. 18. Separability Clause. – If, for any reason, any part or provision of this
Act is declared invalid, such declaration shall not affect the other provisions of
this Act.
SEC. 19. Repealing Clause. – Subparagraph (f), Section 56, Article 1 of Republic
Act No. 4136, otherwise known as the “Land Transportation and Traffic Code”,
as amended; subparagraph (f), Section 5 of Republic Act No. 7924, otherwise
known as “An Act Creating the Metropolitan Manila Development Authority,
Defining its Powers and Functions, Providing Funds Therefor and for Other
Purposes;” subparagraph (a), Section 36 of Republic Act No. 9165; and all other
laws, orders, issuances, circulars, rules and regulations or parts thereof which are
inconsistent with any provision of this Act are hereby repealed or modified
accordingly.
SEC. 20. Effectivity. – This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) national newspapers of general
circulation.
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Appendix F
Documentation
61
62
Curriculum Vitae
PERSONAL INFORMATION
Nickname: mak-mak
Birthday: March 29, 2000
Birthplace: buko, balingasag, misamis oriental.
Age: 22
Nationality: Filipino
Religion: Christian
Civil Status: Single
Fathers Name: Rammel Autida
Mothers Name: Rita tadulan Autida
EDUCATIONAL BACKGROUND
63
Curriculum Vitae
PERSONAL INFORMATION
Nickname: glay-glay
Birthday: September 14, 1999
Birthplace: Cabanglasan, bukidnon
Age: 22
Nationality: Filipino
Religion: Christian
Civil Status: Single
Fathers Name: Norberto Gape Gaas
Mothers Name: Lucila dumandan Gaas
EDUCATIONAL BACKGROUND
64
65