REPUBLICACTNO.

10844
ANACTCREATINGTHE
DEPARTMENTOFINFORMATIONAND
COMMUNICATIONSTECHNOLOGY,
DEFININGITSPOWERSAND
FUNCTIONSAPPROPRIATINGFUNDS
THEREFOR,ANDFOROTHER
PURPOSES
BeitenactedbytheSenate andHouseof
Representatives of the Philippines in
Congressassembled:
SECTION 1.Short. Title. This Act shall
beknownastheDepartmentofInformation
And Communications Technology Act of
2015.
SEC.2.DeclarationofPolicy.Itishereby
declaredthepolicyoftheState:
(a)Torecognizethevitalroleofinformation
andcommunicationinnationbuilding;
(b)To ensuretheprovision ofstrategic,
reliable, costefficient and. citizencentric
informationandcommunicationstechnology
(ICT)infrastructure,systemsandresources
as instruments of good governance and
globalcompetitiveness;
(c) To ensure universal access to quality,
affordable,reliableandsecureIdservices;
(d) To promote the development and
widespreaduseofemergingICTandfoster
andacceleratetheconvergenceofICTand
ICTenabledfacilities;
(e) To ensure the availability and
accessibility of ICT services in areas not
adequatelyservedbytheprivatesector

(f) To foster an ICT sector policy

environment that will promote a broad
marketled development of the ICT and
ICTenabled services (1CTES) sectors, a
levelplayingfield,partnershipbetweenthe
publicandprivatesectors,strategicalliance
with foreign investors and balanced
investments between highgrowth and
economicallydepressedareas;
(g)Topromoteandassistthedevelopment
of local ICT content, applications and
serviceswhichmayincludesupportforICT
based startup enterprises through strategic
partnerships;
(h) To promote the use of ICT for the
enhancementofkeypublicservices,suchas
education,publichealthandsafety,revenue
generation,andsociocivicpurposes;
(i) To encourage the use of ICT for the
developmentandpromotionofthecountrys
arts and culture, tourism and national
identity;
(j) To promote digital literacy, ICT
expertise, and knowledgebuilding among
citizens to enable them to participate and
competeinanevolvingICTage:
(k)Toempower,throughtheuseofICT,the
disadvantaged segments of the population,
including the elderly, persons with
disabilities and indigenous and minority
groups;
(l) To ensure the rights of individuals to
privacyandconfidentialityoftheirpersonal
information;
(m) To ensure the security of critical ICT
infrastructures including information assets
of the government, individuals and
businesses;and

(n) To provide oversight over agencies

governingandregulatingtheICTsectorand
ensure consumer protection and welfare,
dataprivacyandsecurity,fostercompetition
andthegrowthoftheICTsector.
SEC. 3.Definition of Terms. As used in
thisActthefollowingtermsaredefinedas
follows:
(a)Information and Communications
TechnologyorICTshallmeanthetotalityof
electronic means to access, create, collect,
store,process,receive,transmit,presentand
disseminateinformation:
(b)Convergenceshall mean the interface
between and among various telephony,
radio, video, broadcasting and multimedia
infrastructure,devicesandservices,enabling
usersorsubscribersthereoftocommunicate
withoneanother;
(c)Electronic

GovernmentorE
Governmentshall mean the use of ICT by
the government and the public to enhance
the access to and delivery of government
servicestobringaboutefficient,responsive,
ethical, accountable and transparent
governmentservice:
(d)ICTSectorshallmeanthoseengagedin
providing goods and services primarily
intendedtofulfillorenablethefunctionof
information processing and communication
by electronic means. The ICT sector
includes telecommunications and broadcast
information operators, ICT equipment
manufacturers, multimedia content
developers and providers, ICT solution
providers, internet service providers, ICT
traininginstitutions,softwaredevelopersand
ICTESproviders;

(e)ICTEnabled ServicesorICTESSector
shall mean those engaged in providing
servicesthatrequiretheintrinsicuseofIds
including engineering or architectural
design, informatics service providers,
offshoringandoutsourcingserviceproviders
suchascallcenters,backofficeprocessing,
software development, medical or legal
transcription,animation,gamedevelopment,
andotherservicesthatrequiretheintrinsic
use of a networked information
infrastructure;and
(f)Chief Information OfficerorCIOshall
mean a senior officer in all national
government agencies (NGAs), including
constitutionaloffices,stateuniversities and
colleges (SUCs), governmentowned and
controlled corporations (GOCCs), and
government financial institutions (GFIs)
responsible for the development and
management of the agencys ICT systems
andapplications.
SEC. 4.Creation of the Department of
Information and Communications
Technology (DICT). There is hereby
createdtheDepartmentofInformationand
Communications Technology7, hereinafter
referredtoastheDepartment.
SEC.5.Mandate.TheDepartmentshallbe
the primary policy, planning, coordinating,
implementing, and administrative entity of
theExecutiveBranchofthegovernmentthat
willplan,develop,andpromotethenational
ICTdevelopmentagenda
SEC. 6.Powers and Functions. The
Department shall exercise the following
powersandfunctions:
I.PolicyandPlanning

(a) Formulate, recommend and implement

national policies, plans, programs and
guidelines that will promote the
development and use of ICT with due
consideration to the advantages of
convergenceandemergingtechnologies;
(b) Formulate policies and initiatives, in
coordination with the Department of
Education (DepED). the Commission on
Higher Education (CHED), and the
Technical Education and Skills
Development Authority (TESDA), to
develop and promote ICT in education
consistent with the national goals and
objectives., and responsive to the human
resource needs of the ICT and ICTES
sectors;
(c)Provideanintegratedframeworkinorder
to optimize all government ICT resources
and networks for the identification and
prioritization of all EGovernment systems
and applications as provided for m the E
GovernmentMasterplanandthePhilippine
DevelopmentPlan(PDP);
II.ImprovedPublicAccess
(d) Prescribe rules and regulations for the
establishment,operationandmaintenanceof
ICT infrastructures in unserved and
underservedareas,inconsultation withthe
localgovernmentunits(LGUs),civilsociety
organizations(CSOs).privatesector,andthe
academe;
(e)Establishafreeinternetservicethatcan
be accessed in government offices and
public areas using the most costeffective
telecommunications technology, through
partnershipwithprivateserviceprovidersas
maybenecessary;
III.ResourceSharingandCapacityBuilding

(f) Harmonize and coordinate all national

ICT plans and initiatives to ensure
knowledge, information and resource
sharing, databasebuilding and agency
networking linkages among government
agencies, consistent with EGovernment
objectives in particular, and national
objectivesingeneral;
(g)Ensurethedevelopmentandprotection
ofintegratedgovernmentICTinfrastructures
and designs, taking into consideration the
inventory of existing manpower, plans,
programs,software,hardware,andinstalled
systems;
(h)Assistandprovidetechnicalexpertiseto
governmentagenciesinthedevelopmentof
guidelines in the enforcement and
administrationoflaws,standards,rules,and
regulationsgoverningICT;
(i)Assess,reviewandsupportICTresearch
and development programs of the
government in coordination with the
Department of Science and Technology
(DOST)andotherinstitutionsconcerned;
(j)Prescribethepersonnelqualificationsand
otherqualificationstandardsessentialtothe
effective development and operation of
government ICT infrastructures and
systems;
(k) Develop programs that would enhance
thecareeradvancementopportunitiesofICT
workersingovernment;
(l) Assist in the dissemination of vital
information essential to disaster risk
reductionthroughtheuseofICT:
(m)Representandnegotiate forPhilippine
interest on matters pertaining to ICT in
internationalbodies,incoordinationwiththe

Department of Foreign Affairs (DFA) and

otherinstitutionsconcerned;

Commission on Appointments. The

Secretaryshallhavethefollowingfunctions:

IV. Consumer Protection and Industry

Development

(a) Provide executive direction and

supervisionovertheentireoperationsofthe
Departmentanditsattachedagencies,

(n)Ensureandprotecttherightsandwelfare
ofconsumersandbusinessuserstoprivacy,
security and confidentiality in matters
relating to ICT, in coordination with
agencies concerned, the private sector and
relevantinternationalbodies;
(o) Support the promotion of trade and
investment opportunities in the ICT and
ICTES sectors, in coordination with the
DepartmentofTradeandIndustry(DTI)and
otherrelevantgovernmentagenciesandthe
privatesector;
(p) Establish guidelines for publicprivate
partnerships in the implementation of ICT
projectsforgovernmentagencies;and
(q) Promote strategic partnerships and
alliances between and among local and
international ICT, research and
development, educational and training
institutions,tospeedupindustrygrowthand
enhance competitiveness of Philippine
workers, firms, and small and medium
enterprisesintheglobalmarketsforICTand
ICTES.
SEC. 7.Composition. The Department
shall be headed by a Secretary. The
Departmentpropershallbecomposedofthe
Office oftheSecretary, the Offices ofthe
Undersecretaries and the assistant
secretaries.
SEC. 8.Secretary of Information and
Communications Technology. The
Secretary shall be appointed by the
President, subject to confirmation by the

(b)Establishpoliciesandstandardsforthe
effective,efficientandeconomicaloperation
of the Department, in accordance withthe
programsofgovernment;
(c) Review and approve requests for
financial and manpower resources of all
operatingofficesoftheDepartment:
(d) Designate and appoint officers and
employeesoftheDepartment,excludingthe
undersecretaries, assistant secretaries, and
regionalandassistantregionaldirectors,in
accordancewiththecivilservicelaws,rules
andregulations;
(e) Exercise disciplinary powers over
officersandemployeesoftheDepartmentin
accordance with law, including their
investigation and the designation of a
committee or officer to conduct such
investigation:
(f) Coordinate with IX5Us. other agencies
and public and private interest groups,
including nongovernment organizations
(NGOs)andpeoplesorganizations(POs)on
Departmentpoliciesandinitiatives;
(g) Prepare and submit to the President
through the Department of Budget and
Management (DBM) an estimate of the
necessary expenditures of the Department
duringthenextfiscalyear,onthebasisof
the reports and estimates submitted by
bureausandofficesunderhim/her;

(h)ServeasamemberoftheGovernment
Procurement Policy Board (GPPB) as
establishedbyRepublicActNo.9184;
(i)AdvisethePresidentonthepromulgation
ofexecutive andadministrative orders and
formulation of regulatory and. legislative
proposals on matters pertaining to ICT
development;
(j)Formulatesuchrulesandregulationsand
exercise such other powers as may be
requiredtoimplementtheobjectivesofthis
Act:and
(k) Perform such other tasks as may be
provided by law or assigned by the
President.
SEC. 9.Undersecretaries. The Secretary
shall be assisted by three (3)
undersecretaries,whoshallbeappointedby
the President upon the recommendation of
theSecretary:Provided,Thattwo(2)ofthe
undersecretariesshallbecareerofficers.
SEC.10. AssistantSecretaries. The
Secretary shall be assisted by four (4)
assistantsecretarieswhoshallbeappointed
bythePresidentupontherecommendation
oftheSecretary:Provided,Thattwo(2)of
the assistant secretaries shall be career
officers:Provided,further,Thatatleastone
(1) of the assistant secretaries shall be a
licensed Professional Electronics Engineer
(PECE),oranysuitablyqualifiedpersonin
accordancewithCivilServiceCommission
(CSC)rulesandregulations.
SEC.11.Qualifications.Nopersonshallbe
appointed Secretary, Undersecretary, or
AssistantSecretaryoftheDepartmentunless
he or she is a citizen and resident of the
Philippines, of good moral character, of
provenintegrityandwithatleastseven(7)

yearsofcompetenceandexpertiseinanyof
the following: information and
communications technology, information
technology service management,
information security management,
cybersecurity,dataprivacy.eCommerce,or
human capital development in the ICT
sector.
SEC. 12.Regional Offices The
Department may establish, operate, and
maintain a regional office in the different
administrativeregionsofthecountryasthe
need arises. Each regional office shall be
headedbyaRegionalDirector,whomaybe
assisted by one (1) Assistant Regional
Director. The Regional Director and
Assistant Regional Director shall be
appointed by the President. The regional
offices shall have, within their respective
administrative regions, the following
functions:
(a) Implement laws, policies, plans,
programs,projects,rulesandregulationsof
theDepartment:
(b)Provideefficientandeffectiveserviceto
thepeople:
(c)Coordinatewithregionalofficesofother
departments,offices,andagencies;
(d)CoordinatewiththeLGUs;and
(e)Performsuchotherfunctionsasmaybe
provided by law or assigned by the
Secretary.
SEC. 13.Chief Information Officer (CIO)
Council.The Department shall facilitate
thecreationoftheCIOCouncil,whichshall
consistofCIOs,withtheSecretaryserving
astheChairman,toassisttheDepartmentin

the implementation of government ICT

initiatives.
SEC.14.SectoralandIndustryTaskForces.
TheDepartmentmaycreatesectoraland
industry task forces, technical working
groups, advisory bodies or committees for
thefurtheranceofitsobjectives.Additional
privatesectorrepresentatives,suchasfrom
the academe, CSOs, and federation of
privateindustries directly involvedinICT,
as well as representatives of other NGAs.
LGUs and GOCCs may be appointed to
these working groups. Government IT
professionalsmayalsobetappedtopartake
intheworkoftheDepartmentthrough,these
workinggroups.
SEC. 15.Transfer of Agencies and
Personnel.
(a) The following agencies are hereby
abolished, and their powers and functions,
applicablefundsandappropriations,records,
equipment, property, and personnel
transferredtotheDepartment:
(1) Information and Communications
TechnologyOffice(ICTO);
(2)NationalComputerCenter(NCC);
(3)NationalComputerInstitute(NCI);
(4)TelecommunicationsOffice(TELOF):
(5) National Telecommunications Training
Institute(NTTT);and
(6)AlloperatingunitsoftheDepartmentof
Transportation and Communications
(DOTC)withfunctionsandresponsibilities
dealingwithcommunications.

All offices, services, divisions, units and

personnelnototherwisecoveredbythisAct
for transfer to the Department shall be
retained under the DOTC which is hereby
renamedtheDepartmentofTransportation.
(b) The following agencies are hereby
attached, totheDepartmentforpolicyand
programcoordination,andshallcontinueto
operateandfunctioninaccordancewiththe
charters, laws or orders creating them,
insofarastheyarenotinconsistentwiththis
Act:
(1) National
Commission;

Telecommunications

(2)NationalPrivacyCommission;and
(3) Cybercrime Investigation and
CoordinationCenter(CICC)
(i) All powers and functions related to
cybersecurity including, but not limited to
the formulation of the National
Cybersecurity Plan, establishment of the
National Computer Emergency Response
Team (CERT), and the facilitation of
international cooperation on intelligence
regarding cybersecurity matters are
transferredtotheDepartment;and
(ii)TheCICCshallbechairedbytheDICT
Secretary.
(c) The laws and rules on government
reorganization as provided for in Republic
Act No. 6656, otherwise known as the
Reorganization Law, shall govern the
reorganizationprocessoftheDepartment.
SEC. 16.Separation and Retirement from
Service. Employees who are separated
fromservicewithinsix(6)monthsfromthe
effectivity of this Act as a result of the

consolidation and/or reorganization under

the provisions of this Act shall receive
separation benefits to which they may he
entitledunderExecutiveOrderNo.366,s.
2004:Provided,That those who are
qualifiedtoretireunderexistingretirement
lawsshallbeallowedtoretireandreceive
retirement benefits to which they may be
entitledunderapplicablelawsandissuances.
SEC. 17.Structure and Staffing Pattern.
Subject to the approval of the DBM, the
Department shall determine its
organizational structure and create new
divisionsorunitsasitmaydeemnecessary,
andshallappointofficersandemployeesof
theDepartmentinaccordancewiththecivil
servicelaw,rules,andregulations.
SEC. 18.Magna Carta. Qualified
employees of the Department and its
attached agencies shall be covered by
Republic Act No. 3439, which provides a
magna carta for scientists, engineers,
researchers and other science and
technologypersonnelintiegovernment.
SEC. 19.Transition Period. The transfer
of functions, assets, funds, equipment,
properties,transactions,andpersonnelofthe
affectedagencies,andtheformulationofthe
internal organic structure, staffing pattern,
operatingsystem,andrevisedbudgetoftin
Department, shall be completed within six
(6)monthsfromtheeffectivityofthisAct,
during which time, the existing personnel
shall continue to assume their posts in
holdovercapacitiesuntilnewappointments
areissued:Provided,Thataftertheabolition
oftieagenciesasspecifiedinSection15(a)
ofthisAct,theDepartment,incoordination
with the DBM, shall determine and create
newpositions,thefundingrequirementsof

whichshallnotexceedtheequivalentcostof
positionsabolished.
SEC 20.Appropriation,. The amount
neededfortheinitialimplementationofthis
Act shall be taken from the current fiscal
years appropriation of the ICTO and all
agencieshereinabsorbed.byorattachedto
the Department. Thereafter, the amount
neededfortheoperationandmaintenanceof
the Department shall be included in the
GeneralAppropriationsAct
SEC 21.Implementing Rules and
Regulations. The ICTC, the DBM, the
CSC, and other government agencies
concernedshallissuewithinsixty(60)days
from the effectivity of this Act. the
necessary rules and regulations for the
effectiveimplementationofthisAct.
SEC. 22.Separability Clause. If any
provision of this Act shall be declared
unconstitutional or invalid, the other
provisions not otherwise affected shall
remaininfullforceandeffect.
SEC. 23.Repealing Clause. All laws,
decrees, executive orders, rules and
regulations and other issuances or parts
thereofwhichareinconsistentwiththisAct
are hereby repealed, amended or modified
accordingly.
SEC. 24.Effectivtiy. This Act shall take
effectfifteen(15;daysafteritspublication
in at least two (2) newspapers of general
circulation.

enjoyment of the blessing of democracy,

it is hereby declared the policy of the
State to 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 inculcate the standards of safe
driving and the benefits that may be
derived from it through institutional
programs and appropriate
public
information strategies.
REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS
DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DANGEROUS DRUGS,
AND SIMILAR SUBSTANCES, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House
of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. This Act shall
be known as the Anti-Drunk and
Drugged Driving Act of 2013.
SEC.
2. Declaration
of
Policy.
Pursuant to the Constitutional principle
that recognizes the protection of life and
property and the promotion of the
general welfare as essential for the

SEC. 3. Definition of
purposes of this Act:

Terms.

For

(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.
(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 persons
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 drivers 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 walkand-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.
(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. Drivers Education. Every
applicant for a motor vehicle drivers
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 drivers license or those applying
for renewal thereof shall undergo the
drivers education herein stated.

The drivers 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.
SEC. 6. Conduct of Field Sobriety,
Chemical and Confirmatory Tests. A
law enforcement officer who has
probable cause to believe that a person
is driving under the influence of alcohol,
dangerous drugs and/or other similar
substances by apparent indications and
manifestations, including overspeeding,
weaving, lane straddling, sudden stops,
swerving, poor coordination or the
evident smell of alcohol in a persons
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 drivers 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.
SEC.
7. Mandatory
Alcohol
and
Chemical Testing of Drivers Involved in
Motor Vehicular Accidents. 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.
SEC. 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
drivers license, in addition to other

penalties provided herein and/or other

pertinent laws.
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 Users Charge
on Owners of All Types of Motor
Vehicles and for Other Purposes.
Additional yearly appropriations for the
purchase of breath analyzers and drugtesting 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 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;

(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; and
(d) The nonprofessional drivers 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
drivers 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 drivers license
shall disqualify the person from being
granted any kind of drivers 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

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.
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 theOfficial Gazette or in
two (2) national newspapers of general
circulation.