The Philippines’ Republic Act No. 10586, otherwise known as the Anti-Drunk and Drugged Driving Law, is a law that prohibits drunk drivers and drug users from operating motor vehicles on the road in an attempt to reduce the number of accidents caused by drunk and drugged drivers. 

Unfortunately, despite the tons of reminders against drinking and driving, they never seem enough. In 2022, the Anti-Drunk and Drugged Driving Enforcement Unit of the Enforcement service managed by the Land Transportation Office (LTO) responded to 402 road crash incidents from January to August. Even the Philippine National Police-Highway Patrol Group (PNP-HPG) reported an increase of up to 90% in terms of the number of road accidents caused by drunk drivers, amounting to about 25% of road accidents in the Philippines. 

What is RA 10586: Anti-Drunk and Drugged Driving Act of 2013?

Republic Act No. 10586, also known as the Anti-Drunk and Drugged Driving Act of 2013, is a law especially designed to prohibit and penalize people who drive under the influence of alcohol, dangerous drugs, and other similar substances. It prohibits driving if you have consumed wine, beer, or any other intoxicating distilled spirits, or has used cannabis or marijuana, ecstasy, cocaine, or methamphetamine hydrochloride (shabu). The law also mandates a drug test for drivers involved in accidents or those whom the law enforcement officers believe to be under the influence of drugs

The RA 10586 is authored by Vicente “Tito” Sotto III and signed into law by the late President Benigno “Noynoy” Aquino III. It was enacted in May 2013, with the goal of protecting the citizens’ lives and properties by promoting responsible and ethical driving and imposing penalties against those who drive under the influence of alcohol, dangerous drugs, and other similar substances. As a law, this is one of the government’s attempts to protect the safety of life and property, as well as the general welfare of the Filipinos through the observance of the citizenry of responsible and ethical driving standards.

Salient Points of the Anti-Drunk and Drugged Driving Law

To truly claim full understanding of the Anti-Drunk and Drugged Driving Law, listed below are its most important points, covering the scope and coverage as well as the information on what happens when you actually get pulled up for such an offense. 

Scope and Coverage of the Anti-Drunk and Drugged Driving Law

According to RA 10586, it is illegal to drive under influence (DUI) or to operate motor vehicles while under the influence of either alcohol or prohibited or dangerous drugs. Doing so will entail getting charged as follows:

Driving under the influence of alcohol (DUIA)

Driving under the influence of alcohol (DUIA) refers to the act of operating a motor vehicle while drunk. By being drunk, this means that the driver’s Blood Alcohol Concentration (BAC) level has, after being subjected to the use of Breathalyzer, better known as the Alcohol Breath Analyzer (ABA) test, reached the level of intoxication, as established jointly by the rules created by the Department of Health (DOH), the National Police Commission (NAPOLCOM), and the Department of Transportation (DOTr). 

For this purpose, a driver of a private motor vehicle with a gross vehicle weight not exceeding 4500 kg. a BAC of 0.05% or higher shall be conclusive proof that said driver is driving under the influence of alcohol. On the other hand, drivers of trucks, buses, motorcycles, and public utility vehicles with a BAC of more than 0.0% shall be conclusive proof that said driver is driving under the influence of alcohol.

Driving under the influence of dangerous drugs and other similar substances (DUID)

Driving under the influence of dangerous drugs and other similar substances (DUID) refers to the act of operating a motor vehicle while the driver, after being subjected to a screening and a confirmatory test, is found to be positive for use of any dangerous drug. By definition, dangerous drugs 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 Dangerous Drugs Board may reclassify, add to or remove from the list of dangerous drugs.

DUI Apprehensions

In cases of apprehensions for DUI, the following procedures will be observed in accordnace with the law:

Step 1: Law Enforcement Officer (LEO) establishes probable cause.

By establishing probable cause, the LEO decides that there is reasonable ground to believe that the person driving the motor vehicle is under the influence of alcohol, dangerous drugs and/or other similar substances upon personally witnessing a traffic offense. 

Some traffic offenses that may merit the attention of LEOs include: 

• lane straddling
• making sudden stops
• overspeeding
• swerving 
• weaving in such an apparent way as to indicate that the driver is under the influence of alcohol, dangerous drugs and/or other similar substances.

Step 2: Upon personal determination of probable cause, a deputized LEO shall flag down the motor vehicle, direct the driver to step out of the vehicle and determine whether or not the driver is drunk or drugged. 

In the course of apprehension for another traffic offense, some other telltale signs  of DUI include:

• evident smell of alcohol in a driver’s breath, 
• generally slurred speech in response to questioning, 
• bloodshot or reddish eyes, 
• flushed face, 
• poor coordination, 
• difficulty in understanding and responding intelligently to questions 

Step 3: In any case, the burden of proof to establish the existence of probable cause is on the LEO. 

If the LEO has reasonable grounds to believe that the driver is drunk: The LEO shall expressly inform the driver of his assessment and the driver shall be directed to perform all of the following field sobriety tests on site.

Field Sobriety Tests

The conduct of the following standardized field sobriety test will determine whether the apprehended driver drank too much alcohol or took drugs at the time of the incident.

The sobriety test consists of the following: 

The Eye Test (“horizontal gaze nystagmus”)

The Eye Test (“horizontal gaze nystagmus”) refers to horizontal or lateral jerking of the driver’s eyes as he or she gazes sideways following a moving object. To conduct this test, the LEO  moves an object like a pen or the tip of a penlight from side to side while being held from a distance of about one (1) foot away from the face of the driver. The apprehended driver will pass the test if he is able to follow the object with his eyes without the involuntary jerkiness common among those under the influence of alcohol or drugs. 

The Walk-and-Turn

The Walk-and-Turn requires the driver to walk heel-to-toe along a straight line for nine (9) steps, turn at the end and return to the point of origin without any difficulty. This demonstrates the driver’s ability to maintain his balance and prove that there are no drugs or alcohol in his system. Wobbliness or failure to complete the nine-step walk is a possible indicator of intoxication. 

The One-Leg Stand

For the last test, the One-Leg Stand requires the driver to stand on either right or left leg with both arms on the side. The driver must be able to keep his foot raised about six (6) inches off the ground for thirty (30) seconds to prove his balance and coordination.

If the driver passes all of the three (3) field sobriety tests: The driver shall be issued traffic tickets only for the traffic offense that got him pulled over for.

If the driver fails any of the sobriety tests: The driver is then subjected to the breathalyzer or ABA test. This test uses a device called the ABA, more commonly known as the breathalyzer, to analyze the amount of alcohol in the blood through the breath. 

If the driver registers a BAC higher than the prescribed limit: The LEO impound the vehicle, arrest the driver, and turn the case over to the police officer-on-duty in the nearest police station with the following:

1. A complaint/charge sheet;
2. Results of the field sobriety tests/ABA test in the prescribed format;
3. Inventory of items under temporary custody (to include motor vehicle when necessary); and
4. Other pertinent documents.

If the driver registers a BAC within the prescribed limit: The driver shall be apprehended for the other traffic offense he was pulled up for. 

If the LEO has reasonable grounds to believe that the driver is intoxicated with drugs or other similar substances: The LEO shall bring the driver to the nearest police station for a drug screening test. 

In cases of positive confirmation of drug use: the LEO shall accomplish the following preparatory to the turnover of the case to the police officer-on-duty of the nearest police station:

1. Results of the conduct of the DRP in the prescribed format;
2. Inventory of items under temporary custody (to include motor vehicle when necessary); and
3. Other pertinent documents.

In cases without positive confirmation of drug use: The driver shall be apprehended for the other traffic offense only and not for violation of this Act.

Note: Those who refuse to take the field sobriety or drug screening test will have their driver’s license confiscated and revoked.

If the apprehended driver speeds off after getting flagged and it results in a chase, then he will also have to face charges for resistance to persons in authority and obstruction on public roads, which is an MMDA traffic violation.

Penalties for Driving Under the Influence

The law also imposes the following penalties, depending on the offense committed:

• If you fail the field sobriety tests, the breathalyzer exam, and the drug test: you’ll be fined between ₱50,000 and ₱100,000 and given a six-month prison sentence.
• If you caused an injury while drunk driving: you’ll face imprisonment and steeper fines ranging from ₱150,000 to ₱250,000. 
• If you caused an accident that resulted in homicide: you’ll be imprisoned and fined between ₱350,000 to ₱500,000. Any subsequent car insurance claims may also be rejected.

• If you are a non-professional driver’s license holder: Your license will be confiscated and suspended for 18 months for the first conviction and permanently revoked for the second. 
• If you are a professional driver’s license holder: Your license will be confiscated and permanently revoked for the first conviction and can no longer apply for another license in the future. 

Driver’s License Custody

All driver’s licenses confiscated under these rules shall be turned over to LTO for safekeeping and shall be released by LTO only after final disposition or lawful order of the courts.

Important Reminders

For your reference, here are some important reminders related to the Anti-Drunk and Drugged Driving Law:

• In case of apprehension, a driver, who has undergone and passed the field sobriety test and/or ABA test, cannot be subjected to drug screening test afterwards.
• Likewise, a driver who has undergone and passed the drug test, cannot be subjected to a field sobriety test and/or ABA test afterwards.
• If you are planning to drink, don’t drive. 
• If you can’t avoid drinking, don’t drink on an empty stomach and consume a lot of water.
• If you can’t pace yourself from consuming alcohol, just book a cab, spend the night at a friend’s place, or have a designated driver. 

Summary

Driving your own car is a luxury, but it also comes with responsibilities. As a driver, you are accountable for a lot of things—including the safety not just of the people inside the car but also of the others on the road. That said, the government has enacted the Anti-Drunk and Drugged Driving Law or the Republic Act No. 10586 which makes it illegal for anyone to drink and drive or take drugs and drive. The law also imposes appropriate apprehension procedures and penalties. By following the Anti-Drunk and Drugged Driving Law, you can keep everyone—including yourself—safe and you can also avoid having to settle traffic violations and paying hefty LTO fees. 

The Republic Act No. 10883, also known as the “New Anti-Carnapping Act of 2016,” is a new law designed to impose stiffer penalties and stricter implementation practices against carjacking, making it a non-bailable offense if the evidence of guilt is strong. It is a newer and stricter version of the Republic Act No. 6539, or the Anti-Carnapping Act of 1972, and was enacted to curb the theft of motor vehicles more effectively. Apparently, RA 6539 was ineffective, hence the new and more comprehensive anti-carnapping law was enacted to address the problem of rampant carnapping that has disenfranchised rightful owners to exercise their property rights.

The new Anti-Carnapping Act lapsed into law under the Duterte administration, effectively repealing the Anti-Carnapping act of 1972 (RA 6539) in the hopes of reducing carnapping incidence and giving vehicle owners peace of mind.

What is RA 10883?

RA 10883 refers to the New Anti-Carnapping Act of 2016. It is a law designed to reduce the incidence of carnapping or the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things. It’s a special law  against carnapping, a crime that shares similar features and characteristics to robbery and theft, though it is exclusively designed to address the unlawful taking of a motor vehicle.

Scope and Provisions of RA 10883

The New Anti-Carnapping Act of 2016 clearly defines the crimes, requirements and prohibited acts relevant to carnapping in the Philippines as follows:

Crimes

The crimes of carnapping involves the following:

• Carnapping

“Carnapping” refers to the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force. 

• Concealment of Carnapping

Any person who conceals carnapping shall be punished under the law. 

Prohibited Acts

Other prohibited acts include:

• Defacing or tampering with serial numbers of motor vehicle engines/etc.

It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.  

• Identity transfer

It shall be unlawful for any person, office or entity to cause and/or allow the sale, registration, and/or transfer into another name, the chassis number, engine number and plate number of a motor vehicle declared as “total wreck” or beyond economic repair by concerned insurance company, and/or law enforcement agencies, due to its involvement in a vehicular accident or for some other causes. The LTO shall cancel the registration of total wreck vehicles as reported by the PNP and/or as declared by the Insurance Commission.  

• Transfer of vehicle plate

It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one vehicle to another without securing the proper authority from the LTO.  

• Sale of second hand spare parts

It shall be unlawful for any person, office or entity to buy and/or sell any second hand spare parts taken from a carnapped vehicle.  

• Kambal (or double registration)

It shall be unlawful for any person or employee who willfully encodes in the registry of motor vehicles a non-existing vehicle or without history, new identity of already existing vehicle or double/multiple registration (“KAMBAL”) of vehicle.

Registration Requirements

• Original registration

Any person seeking the original registration of motor vehicles that are either newly assembled or rebuilt or acquired from a registered owner, shall, within one (1) week after the completion of the assembly or rebuilding job or the acquisition from the registered owner, must apply to the Philippine National Police (PNP) for the clearance of the motor vehicle for registration with the LTO.

• Permanent registry of motor vehicle, motor vehicle engines, engine blocks, and chassis

The LTO shall keep a permanent registry of motor vehicle, motor vehicle engines, engine blocks and chassis of all motor vehicles, specifying their type, make, serial numbers and stating therein the names and addresses of their present and previous owners. 

• Registration of sale, transfer, conveyance, etc.

Every sale, transfer, conveyance of a motor vehicle, substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle must be registered with the LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle and substitution or replacement of a motor vehicle engine, engine block or chassis. Failure to do so would result in getting the motor vehicle, motor vehicle engine, engine block or chassis to be presumed as a carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding from illegal sources and confiscated in favor of the government. 

• Clearance and permit for assembly or rebuilding

Any person who needs to undertake assembly or rebuilding or cause the assembly or rebuilding of a motor vehicle needs to secure a certificate of clearance from the PNP first. Before doing so, the applicant must provide a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources of each. 

In the cases of motor vehicle engines to be mounted on motor boats, motor bancas, water crafts and other light water vessels, the applicant also needs to secure a permit from the PNP, which will in turn furnish the LTO pertinent data concerning the motor vehicle engines including their type, make, and serial numbers. 

• Clearance for shipment of motor vehicles, etc.

The Philippine Ports Authority (PPA) also needs to submit a report to the PNP within seven (7) days upon boarding all motor vehicles being boarded the “RORO”, ferry, boat, vessel or ship for interisland and international shipment. That said, the PPA shall not allow the loading of motor vehicles in all interisland and international shipping vessels without a motor vehicle clearance from the PNP, except cargo trucks and other trucks carrying goods, Land Transportation Franchising and Regulatory Board (LTFRB)-accredited public utility vehicles (PUV), and other motor vehicles carrying foodstuff and dry goods.

RA 10883 vs RA 6539: Additional Provisions of RA 10883 

As mentioned earlier, both RA 6539 and RA 10883 are both known as the Anti-Carnapping Act of the Philippines. Both are meant to reduce carnapping incidents effectively, though RA 10883 can be considered an upgrade to a newer, stricter, and more comprehensive version of RA 6539. 

Having said that, RA 10883 includes new provisions for additional and stiffer penalties to the Anti-Carnapping Act, which includes:

• The length of imprisonment or jail time imposed on a person found guilty of carnapping is increased from 14 years and eight months to 17 years and four months under the old law to 20 to 30 years.
• When the carnapping includes violence, intimidation or use of force, the imprisonment sentence is 30 years and one day to 40 years. 
• If the owner, driver, occupant of the carnapped motor vehicle was killed or raped, the person found guilty would be sentenced to life imprisonment. 
• Any person involved in the concealment of the crime of carnapping would be imprisoned from six to 12 years and fined with the acquisition cost of the motor vehicle, engine or any other part involved in the violation.
• Carnapping is non-bailable if the evidence of guilt is strong. 
• Public officials involved in carnapping may also be dismissed from service and ordered perpetually  disqualified from public office. 
• Those requesting for the original registration of a vehicle need to apply for a clearance from the Philippine National Police (PNP) and the Land Transportation Office (LTO).

RA 10883 Penalties 

As mentioned, the New Anti-Carnapping Act implements harsher rules and penalties which includes the following:

Carnapping Penalties

Any person who is found guilty of carnapping shall be punished as follows regardless of the value of the motor vehicle taken:

• Individual carnapping penalties
  • By imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or intimidation of persons, or force upon things; 
  • By imprisonment for not less than (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; 
  • With a penalty of life imprisonment when the owner, driver, or occupant of teh carnapped motor vehicle is killed or raped in the commission of the carnapping.
• Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of carnapping shall be denied bail when the evidence of guilt is strong.  

Concealment of Carnapping 

Any person who conceals carnapping shall be punished as follows:

• With imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the violation if the person in violation is a juridical person, as well as on the president, secretary, and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation. 
• Any public official or employee who directly commits unlawful acts in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful acts shall be penalized as with the following:
  • imprisonment of six (6) years up to twelve (12) years 
  • dismissal from the service, 
  • having his/her benefits forfeited, and 
  • permanent disqualification from holding public office

Video: What is RA 10883?

Learn more about the provisions of the New Anti-Carnapping Act of 2016 by watching this explainer video from Mister Criminology:

Important Reminders

For your reference, here are some important reminders regarding the RA 10883 or the New Anti-Carnapping Act of 2016:

• The “New Anti-Carnapping Act of 2016” has amended sections of the previous law regarding penalties, definitions, procedures and responsibilities of certain departments.
• Without the anti-carnapping law, the unlawful taking of a motor vehicle is considered either theft or robbery.
• The New Anti-Carnapping Act isn’t only about the theft of motor vehicles. It also includes other crimes related to it like concealment of carnapping, identity transfer, unlawful transfer, sale of parts, etc.
• The severity of the offense is not measured by whether the car is being used in smaller streets or in the highway, but by the very nature of the vehicle itself and the use to which it is devoted. 

Frequently Asked Questions (FAQs)

For more information, listed here are the common questions and answers regarding the New Anti-Carnapping Act of the Philippines:

1. What are the three (3) elements of carnapping?

The elements of carnapping therefore are: (a) the taking of a motor vehicle which belongs to another; (b) the taking is without the consent of the owner or by means of violence against or intimidation of persons or by using force upon things; and, (c) the taking is done with intent to gain.

2. What is the difference between carnapping and vehicle theft?

Nothing. Essentially, carnapping is the robbery or theft of a motorized vehicle and it becomes qualified or aggravated when, in the course of the commission or on the occasion of the carnapping, the owner, driver, or occupant is killed or raped.

3. What is the body of the vehicle?

The motor vehicle body includes the roof, hood, fenders, trunk lid, doors, and windows.

4. What is body building in carnapping?

“Body-building” is a job undertaken on a motor vehicle in order to replace its entire body with a new body.

5. Is carnapping a civil case?

Under Philippine law, carnapping is a criminal offense that carries severe penalties. Offenders can face imprisonment and fines, depending on the circumstances and gravity of the offense.

Summary

The New Anti-Carnapping Act of 2016 is a newer, stricter, and more comprehensive version of the Anti-Carnapping Act of the Philippines. It was signed into law in 2016, as the old one didn’t seem to be working quite as well as the government hoped. In fact, the incidence of carnapping seem to have gone up, prompting the government to take action, hence the enactment of RA 10883 or the New Anti-Carnapping Act of 2016.