RA 11698: Vintage Vehicle Regulation Act Philippines

The Vintage Vehicle Regulation Act, otherwise known as the Republic Act (RA) 11698, is a recently enacted law meant to develop the vintage car and vintage car restoration industry in the country. It was enacted in April 2022 and was meant to cover the importation, exportation, and registration of vintage vehicles or those that are already 40 years or over from the date of their original manufacturing. The law allows the importation, exportation, and registration of vintage vehicles.

With this law, the government and the Land Transportation Office (LTO) hope that the country can tap more into the international market for clients, to optimize the potential economic opportunities, develop the vintage car restoration industry, and promote historical automobiles and Filipino craftsmanship through vintage car tours and events that showcase various vintage vehicle collections.

Vintage Vehicle Regulation Act

What is a Vintage Vehicle

According to RA 11698, vintage vehicles refer to motor vehicles that are powered by either an internal combustion engine, electricity, or a combination of both and are at least 40 years old from the official date of manufacturing. It qualifies as a legitimate vintage vehicle when the vehicle’s general appearance has not been altered, and its chassis, engine, steering assembly, and suspension assembly are still either original or authentic. The law covers right-hand-drive (RHD) vehicles as well as period-correct vintage vehicles. Restomods are also still considered vintage; but replicas and reproduction models of vintage vehicles are not.

What is the Vintage Vehicle Regulation Act

The Vintage Vehicle Regulation Act or Republic Act No. 11698 is a law that recognizes vintage automobiles as “an integral part of Philippine culture” and seeks to protect and preserve these vehicles’ heritage.

It was a law created in hopes of providing an environment that will encourage entrepreneurs and industries to participate in the large and expanding international markets for vintage vehicle restoration, and to permit its businessmen, technicians, and workforce to acquire the knowledge and skills necessary for the purpose.

Purpose of the Vintage Vehicle Regulation Act

RA 11698, or the Vintage Vehicle Regulation Act, is designed in order to serve the following purposes:

  • To protect, preserve, enhance, and promote the nation’s heritage through the importation and preservation of vintage vehicles in historically correct condition;
  • To establish and strengthen regulatory policies that encourage the vintage vehicles’ preservation, maintenance, occasional use, and registration.
  • To increase economic opportunities by creating conditions favorable to small and medium industries that may participate in the international markets for the restoration and repair of vintage vehicles and the manufacture of their spare and replacement parts; and
  • To encourage tourism through the promotion of automobile tours, establishment of vintage vehicle or car museums, exhibits, vintage motorsports, and similar events.
  • To help the government to fulfill its constitutional mandate to “foster the preservation, enrichment, and dynamic evolution of a Filipino culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.”
  • To protect and regulate the disposition of the country’s “artistic and historic wealth,” vintage vehicles and their related tools, equipment, and related accessories.
  • To provide an environment wherein businessmen, technicians, and the general workforce can be better equipped with the necessary know-how in the industry.

Types of modifications allowed on vintage vehicles under RA 11698

Some of the modifications allowed on vintage vehicles as allowed by the provisions of the Vintage Vehicle Regulation Act includes:

  • Major mechanical modifications such as upgrades to the brakes, suspension, axles, or running gear that were made to improve efficiency and safety are allowed.
  • The use of non-OEM carburetors and fuel-injection systems to improve efficiency and environmental performance are also permitted. 
  • Installation of aftermarket accessories such as radios, air-conditioning, and directional lights, to permit the convenient or safe use of the vehicle are allowed, except those which are expressly prohibited by law.
  • Engine swaps are acceptable provided that the new engine is of the same brand or manufacturer and of the same general specification as the original power unit in the vintage vehicle or in vehicles belonging to the same automobile lineage brand. The latter refers to the original car manufacturer’s name or the latest brand name that is being used as a result of a merger or acquisition.
  • Lastly, other modifications that can be proven to have been made when the vintage vehicle was still in production or within 10 years from the end of production are also allowed.

Note: Whenever a modification is alleged to have been made while the vintage vehicle was still in production or within ten years from the end of its production, the registered owner shall submit a notarized affidavit describing in detail the extent of and the reason for the modification, the shop or person that performed the modification and the appropriate date the modification was carried out. This affidavit shall be attached to and made an integral part of the Motor Vehicle Inspection Report (MVIR) for the initial registration under a vintage vehicle subclassification.

Guide to Vintage Vehicle Registration with the LTO

All vehicles benefitting from this law, including vehicles with RHD layouts, RHD vintage vehicles intended for racing or other motorsports, as well as those imported after law was enacted, will have to be registered as a vintage vehicle under the Land Transportation Office (LTO). The registration is optional for vehicles that are kept stationary or those not in running condition. The registration will have a three-year validity and will be done through the LTO’s dedicated system for on-site registration of vintage vehicles that are not regularly used or are on permanent display at a certain location. The agency may also charge additional fees for this. 

Registration Requirements for Vehicles under the Vintage Vehicle Subclassification

Vintage vehicles seeking to benefit from any exemption or privilege under these Rules must be specially registered with the LTO under a vintage vehicle subclassifications, which shall be reflected in the Certificate of Registration.

For vintage vehicle imported after the effectivity of RA 11698

Vintage vehicles imported after the effectivity of these Rules and imported vintage vehicles with source documents which are not yet registered, will have the same procedure and documentary requirements for the initial registration of vintage vehicles as those for used imported vehicle, except for the application form for registration as a vintage vehicle and the compliance to the prevailing inspection and emission standards. 

To register, the car owner needs to prepare the following requirements which will be submitted for their initial registration:

1. Certificate of Stock Report (CSR);

2. Duly accomplished and approved Motor Vehicle Inspection Report (MVIR);

3. Original and photocopy of any valid government issued identification document of the registered owner with photo and signature;

4. Philippine National Police (PNP) – Highway Patrol Group (HPG) Motor Vehicle Clearance Certificate;

5. Proof of electronically transmitted appropriate Third Party Liability (TPL) Insurance Certificate of Cover (COC);

6. Certificate of title issued by the country of origin or commercial invoice of motor vehicle; and

7. Duly accomplished LTO application form for registration as a vintage vehicle under Republic Act No. 11698 

For Motor vehicles that have current or previous records of annual registration with the LTO (including those vehicles that were registered but are placed on storage)

Motor vehicles with a current or previous record of annual registration with the LTO (including those vehicles that were registered but are placed on storage) may be specifically registered under a vintage vehicle subclassification to avail the same exemption or privilege under these Rules. This transaction requires the issuance of a new Certificate of Registration.

The following documentary requirement must be submitted for the registration of such vehicles as vintage vehicles:

1. Original Official Receipt (OR) and Certificate of Registration (CR);
2. For vehicles with stored plates, Return Receipt of Plate/License (RRPL);
3. Proof of electronically transmitted appropriate TPL Insurance COC;
4. Duly accomplished and approved MVIR; and
5. Duly accomplished LTO applicable form for registration as a vintage vehicle under Republic Act No. 11698 

For vintage vehicle with lost, incomplete, or inconsistent papers

Under this type, the following documents may be required before the vehicle can be registered:

1. Duly organized automobile or motorcycle association or interest group registered with the Securities and Exchange Commission;

2. At least five (5) years in existence; and

3. Affiliated with international groups, federation or association related to motorcycles, automobiles or vintage vehicles in general, or recognized by international governing bodies.

Note: The basis of the year model or year of manufacture must be the oldest component if any of the major components (i.e., engine chassis or body) of a vintage vehicle was taken from another vehicle belonging to the same historic model line or automobile brand lineage.

If the exact date of manufacture cannot be ascertained: The registration paper and entry in the database of the LTO shall indicate this fact and a permanent annotation that the “date of manufacture is not available but has been estimated by [name of authority/association].”

In addition to the submission of the documents enumerated above, the plates previously issued by the LTO to the subject vintage vehicle may be retained or surrendered for replacement subject to the following conditions:

  • If the license plates that were originally issued when the vintage vehicles were still in production need not be surrendered. 
  • If bearing a period-correct license plate, the plate may remain in the possession of the owner and may be only attached to the vintage when displayed in exhibits or museums, and not when the vintage vehicle is used in public roads.

Vintage Vehicle Registration Procedures

Upon the submission of the required documents, the vintage vehicle registration procedures will proceed as follows:

  • The concerned LTO officer shall issue an endorsement containing the sample format of the notice for publication which the applicant will submit to a publisher of a newspaper of general circulation. 
  • As proof that the notice was published, the applicant shall submit to the LTO a clipping of the publication and the affidavit of publication from the publisher of the newspaper where the publication was made.
  • If the LTO receives no objection to the application or claim by third parties on the vehicle within three (3) months from the last date of publication, it shall register the vehicle as a vintage vehicle under these Rules.
  • The registration will only commence upon the submission of an electronically transmitted appropriate TPL Insurance COC and payment of a one-time fee of ten thousand pesos (P10,000.00) in addition to the regular fees and charges for the registration of vintage vehicles. 

Note: The registration of the vintage vehicle with the LTO and the issuance of a Certificate of Registration shall be without prejudice to rights of persons who may claim ownership of the vintage vehicle under applicable laws.

Re-stamping of Identification Serial Numbers of Vintage Vehicles

The owner of a vintage vehicle with an unreadable chassis number caused by corrosion may apply for the re-stamping of the original chassis number by the manufacturer or authorized restoration or repair shop by submitting the following documents to the Operations Division of the LTO Regional Office in the region where the vintage vehicle was last registered:

1. Original CR and latest original OR of registration payment;

2. Duly accomplished and approved MVIR, indicating that the impression of the chassis number is no longer legible;

3. Notarized affidavit explaining the reason for the re-stamping and stating that such vehicle will be registered as vintage vehicle; and

4. PNP-HPG recommendation to restore the original/registered chassis number.

Upon determination of the completeness of the documentary requirements, the concerned Regional Office shall seek confirmation/validation of the registration documents from the registered LTO District/Extension Office or authentication by the Property Section of the LTO Central Office. Once the registration documents are confirmed or authenticated, the concerned LTO Regional Director shall issue an authorization for the re-stamping of the original chassis number upon payment of the appropriate fees. 

The re-stamping process shall only be undertaken by the manufacturer or an authorized repair shop. Within three (3) days after re-stamping is completed, an affidavit of the mechanic who performed the re-stamping and a duly accomplished and approved MVIR with stencil impression reflecting the correct re-stamped chassis number shall be submitted to the LTO for purposes of documentation.

Note: No re-stamping shall be allowed for a corroded or deface engine number. Instead, the retrieval of the engine number must be done through macro-etching examination or other acceptable means of determining the identification marks in the engine by the PNP Forensic Group endorsed by the PNG-HPG. The engine number indicated in the Macro-Etching Certificate shall be used for registration.

In case some registration documents are lacking

Some owners may have issues with registering old vehicles due to the lack of relevant documents. In case a vehicle has no certificate of registration, official receipt, or other evidence of ownership or registration, the new law states that the said vehicle may still be registered as vintage provided that the owners can satisfy the following conditions:

  • Owners must submit a Notarized Affidavit that says he is in possession of and owns the vehicle in question and that he knows no claim of the vehicle. The affidavit must also state how the owner acquired the vehicle.
  • The owners must submit a clearance from the relevant police agency that there is no record of the vehicle being stolen. 
  • Payment of a one-time reconstitution fee of P10,000 must then be paid on top of the regular registration fees and charges.

Upon application, the LTO shall publish a notice of such in a newspaper of general circulation once a week for three consecutive weeks at the expense of the applicant. The same notice shall be released through the LTO’s website within three days from the receipt of application. The notice will contain a description of the vehicle and state that someone has applied for its registration. 

If the LTO receives no objections or any claims from third parties within three months from the date of publication, it shall be registered as a vintage vehicle under RA 11968.

Permitted Use of Vintage Vehicles

According to RA 11698, there are limited use for vintage vehicles depending upon the condition specified during registration with LTO and as ascertained by the Vintage Vehicle Regulation Act:

  • Vintage vehicles covered by this law may only be used for leisure driving or motorsports.
  • Vintage vehicles cannot be used for commercial purposes like public transport or the delivery of goods. 
  • The vehicles may be used for motion pictures, advertisements, pictorials, weddings, or motorcades.
  • The law allows the importation of RHD units
  • The law also allows importation of all vintage vehicles and the authentic components, original or replica body shells, engines and transmission, spare parts, and accessories.
  • Vintage vehicles may also be exported without restriction, except for automobiles like presidential cars.
  • Vintage presidential cars that are considered and certified by the National Historical Commission of the Philippines (NHCP) as those with historical significance to the country. The NHCP may authorize the exportation of such vehicles only for the purpose of repair or restoration abroad.

Non-restricted Vintage Car Exportation

Some vintage vehicles can be exported without restriction if it falls within the interest of preserving the cultural and historical heritage. This covers vintage vehicles and procedures like the exportation of vintage vehicles with historical significance to the country, such as vehicles of Presidents of the Philippines, as certified by the National Historical Commission of the Philippines (NHCP). It cannot be sent elsewhere, in accordance with rules and guidelines, except for the purpose of repair or restoration abroad as authorized by the NHCP. 

The following vintage vehicles shall be considered as having historical significance to the country:

a. Those currently or previously in the ownership of any President of the Philippines;

b. Those regularly used as an official vehicle of the President of the Philippines or officially designated as such by the Presidential Security Group (PSG) or any of its legal predecessors or successors;

c. Those used as a private vehicle of the President of the Philippine during their term on a regular basis, and those used  by the President on historic events;

d. Those in the ownership or once owned by a person of historic significance as recognized by the NHCP, and those used by such person during a historic event;

e. Those used in events of historic significance that are considered one-of-a-kind or unique; and

f. Those used during periods prior to the common use of automobiles in the Philippines.

For recording purposes, the NHCP shall require the registration documents of the abovementioned vehicles as well as short summaries of their ownership to be submitted for assessment. Moreover, for vintage vehicles which are sought to be classified as vehicles that are owned or were owned or used by a President of the Philippines, the NHCP shall also coordinate with the present owners and the PSG, in applicable cases, to validate the truthfulness of the information submitted.

Tax Incentives

There will be no tariff exemptions for individuals looking to import or export vintage cars. However, shops and companies looking to bring in such vehicles for restoration in the Philippines or to export the same shall be entitled to fiscal and tax incentives provided in RA No. 11534 and other applicable laws.

LTO Database and Education for Vintage Vehicles

Under the Vintage Vehicle Regulation Act, the LTO shall create and maintain a database listing and describing vintage vehicles. This shall be shared with the NHCP.

The database will include the following: 

  • A list of authorized and licensed shops and companies that provide repair and restoration services of vintage vehicles
  • A list of authorized and licensed shops that manufacture spare and replacement parts for vintage vehicles
  • Recognized private-sector associations 
  • Vintage vehicle interest groups 
  • Relevant government agencies such as the Technical Education and Skills Development Authority (TESDA)

The government shall actively engage these entities in strengthening programs for the development of skills and technologies in this and other related industries.

Important Reminders

For your reference, here are some important reminders related to the Vintage Vehicle Regulation Act:

  • The law also allows for the importation of vehicles with RHD layouts. 
  • In the essence of keeping the vehicles as original as possible, cars manufactured on or before December 31, 1970 can be registered with the LTO even with RHD configurations. 
  • All vehicles applying for registration or renewal to benefit from this law will be subject to inspection to ensure period correctness and compliance with the permitted modifications.
  • Vehicles manufactured after December 31, 1967 must be equipped with seatbelts. 
  • All vehicles manufactured after December 31, 1975 must comply with the LTO’s minimum safety and roadworthiness guidelines.
  • Vintage vehicles will not be required to meet modern standards on clean-air, anti-pollution, safety, road-use, and the like that were not yet enforced during the year said vehicles were produced.
  • Registered vintage cars will be issued special plates containing the standard letter-number combinations along with the words “vintage vehicle” and the vehicle’s model year or year of manufacturing.
  • If the exact date of manufacture cannot be ascertained, the registration paper and entry in the database of the LTO shall indicate this fact and a permanent annotation that the “date of manufacture is not available but has been estimated by [name of authority/association].”
  • Vintage presidential cars that are considered and certified by the National Historical Commission of the Philippines (NHCP) as those with historical significance to the country.
  • Under the Vintage Vehicle Regulation Act, the LTO shall create and maintain a database listing and describing vintage vehicles and share it with the NHCP.

Frequently Asked Questions (FAQs)

For more information on the Vintage Vehicle Regulation Act, we rounded up some of the most common questions and answers about it:

1. What is the vintage vehicle regulation law in the Philippines?

RA 11698 is a law enacted in April 2022 designed to cover vehicles that are already 40 years or over from the date of their original manufacturing. The law allows and details the restrictions and guidelines for the importation, exportation, and registration of vintage vehicles.

2. Can I use my vintage car to drive around for business purposes?

No. The Vintage Vehicle Regulation Act prohibits the use of a registered vintage vehicle for commercial purposes, except for motion pictures, advertisements, pictorials, weddings and motorcades.

3. Can I drive my vintage car for personal use?

Yes. Registered vintage vehicles may be used occasionally for personal purposes and leisure driving. As such, the registered vintage vehicle must not be used as the owner’s primary mode of transportation in the conveyance of passengers or goods. 

Summary

Many enthusiasts will claim that “Vintage vehicles are not mere ‘toys’. Of course, they are sources of pride and enjoyment and are artifacts or remnants of history as well. That said,  it is important to optimize the potential economic opportunities that they can create while preserving the country’s heritage in its motoring history. With the Vintage Vehicle Regulation Act in place, the Philippine government hopes that not only can they encourage the revival of vintage vehicles, but that they can offer benefits to the vintage car and its related industries as well.

The Penalty of Driving a Motor Vehicle While Under the Influence of Alcohol for the First Offense

Driving under the influence of alcohol or dangerous or illegal drugs is extremely dangerous and is punishable by law. For Non-Professional Driver’s License (NPDL) holders, it is punishable by confiscation and suspension of the license for a period of twelve (12) months upon final conviction by a regular court. Professional Driver’s License (PDL) holders, on the other hand, can expect to have their license canceled upon the commission of the first offense. 

This penalty applies after the Republic Act No. 10586, also known as the Anti-Drunk and Drugged Driving Act of 2013, is enacted as a law. It especially prohibits and penalizes people from driving after consuming wine, beer, or any other intoxicating distilled spirits, or after using cannabis or marijuana, ecstasy, cocaine, or methamphetamine hydrochloride (shabu.) The law also mandates a drug test for drivers involved in drug accidents or those whom the law enforcement officers believe to be under influence.

Penalty of Driving a Motor Vehicle While Under the Influence of Alcohol for the First Offense

RA 11229: Anti-Drunk and Drugged Driving Act of 2013

Enacted in May 2013,  the RA 11229, otherwise known as the Anti-Drunk and Drugged Driving Act of 2013, was meant to protect both the citizens’ lives and properties by promoting responsible and ethical driving. It imposes penalties to those who are caught driving under the influence of alcohol (DUIA), as well as those who are driving under the influence of dangerous drugs and other similar substances (DUID).

The original law imposes fines ranging from  P20,000 to P500,000 with a minimum 3-month jail term, depending on the nature of the violation and whether the act caused injuries or deaths.

Subsequent Amendments to RA 11229

In 2021, the House of Representatives approved a bill that proposes stiffer penalties. The bill penalizes those who are caught driving drunk or drugged as follows:

  • For driving under the influence of alcohol (DUIA) and driving under the influence of dangerous drugs and other similar substances (DUID) with no homicide or physical injury: Initial fine ranging from P50,000 to P100,000 with a minimum of 6-month jail term shall be imposed.
  • For driving under the influence of alcohol (DUIA) and driving under the influence of dangerous drugs and other similar substances (DUID) and somebody gets injured: imprisonment under Article 263 of the Revised Penal Code plus a fine ranging from P150,000 to P250,000 shall be imposed.
  • For driving under the influence of alcohol (DUIA) and driving under the influence of dangerous drugs and other similar substances (DUID) resulting in homicide: a penalty of imprisonment under Article 249 of the Revised Penal Code plus a fine ranging from P350,000 to P500,000 shall be imposed.

In 2022, amendments were made to the law, imposing even stiffer penalties for drunk and drugged driving. The amendments imposes the following penalties:

  • Non-Professional Driver’s License (NPDL) holders: Motorists with NPDL who drive after drinking alcohol or using drugs may get the following penalties:
    • First offense (driving under the influence of alcohol (DUIA) and driving under the influence of dangerous drugs and other similar substances (DUID)): A twelve-month driver’s license suspension 
    • Second offense (driving under the influence of alcohol (DUIA) and driving under the influence of dangerous drugs and other similar substances (DUID)): A perpetual revocation of driver’s license.
  • Professional Driver’s License holders: Motorists who hold a professional license will be confiscated and permanently revoked for the first offense and will be banned from applying for another driver’s license in the future. 

In 2023, a partylist lawmaker is pushing for House Bill 7968, an amendment to what the representative thinks is insufficiently implemented Republic Act (RA) 10586 or the Anti-Drunk and Drugged Driving Act. The bill pushes the deputization of more enforcement officers to implement the law against individuals driving under the influence of alcohol or dangerous drugs.

The amendment is supposed to make the law more effective in minimizing road crashes and other accidents. The bill also mandates the LTO to regularly conduct random inspections in public utility vehicle (PUV) terminals and to do quick random drug tests among PUV drivers.

Note: 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.

Who is responsible in cases of drunk driving incidents: the driver or the owner of the vehicle?

The short answer is both. During incidents or accidents caused by driving under the influence of alcohol (DUIA) or driving under the influence of dangerous drugs and other similar substances (DUID), it’s not just the driver of the vehicle who is at fault. when it comes to drunk driving incidents. The law penalizes both the driver and the owner of the vehicle involved, especially if it involves public utility vehicles (PUVs) 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.

The law says, “The owner and/or operator of the motor 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/she is able to convincingly prove that he/she has exercised extraordinary diligence in the selection and supervision of his/her drivers in general and the offending driver in particular.”

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.

Summary

In essence, driving under the influence of alcohol or dangerous or illegal drugs is illegal and extremely dangerous. Hence, the Philippine government continues to impose stiff penalties and punishments, both for the drivers, who hold both Non-Professional Driver’s License (NPDL) and Professional Driver’s License (PDL). Even the car owners and operators are punished by the law. The penalties may vary, but it becomes stiffer depending on the frequency of offense and the gravity of damages or injuries it causes. Even without injuries, the law imposes stiff penalties for simply driving while drunk or after taking illegal drugs in order to ensure that both the drivers and other road users stay responsible and safe in public.

RA 10586: Anti-Drunk and Drugged Driving Act

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. 

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