Palace refutes LTO: New law scraps mandatory drug testing

MANILA, Philippines - Malacañang yesterday agreed with Sen. Vicente Sotto III that the new Anti-Drunk and Drugged Driving Law has revoked the mandatory drug testing for those applying for a driver’s license with the Land Transportation Office (LTO).

“That’s according to the wisdom of the legislature. That was already voiced out by Senator Sotto. That’s what they’re doing now. So that was the collective wisdom of the Senate and the House. That is the existing law now,” presidential spokesman Edwin Lacierda explained.

According to Lacierda, there was a repealing clause – first paragraph, sub-section A of Article 36 that was expressly provided in Republic Act No. 10586 (the new DUI law) – where the law on mandatory drug testing was repealed.

“So it’s expressly repealed in the law. This is why LTO chief Virginia Torres said they are coming up with the implementing rules and regulations,” he told Palace reporters.

“I invite you (media) to look at that particular repealing clause under the new law and that refers to Article 36, subparagraph A of the previous law. I checked it myself. I want to be sure so I did check it,” he added. Sotto, former chairman of the Dangerous Drug Board, and Torres had different opinions on the new law, with the senator saying that the compulsory drug tests had been done away with while the LTO insisted that the drug tests would continue.

Sotto said the new law signed by President Aquino last May revoked Sec. 36 (a) of the Dangerous Drugs Act of 2002 (Republic Act 9165) mandating drug testing for applicants of drivers’ licenses.

Sotto highlighted the fact that only 0.06 percent of applicants for driver’s license tested positive for illegal drugs. “Out of millions and millions of drivers’ licenses drug testing certifications, only 0.06 percent or less than half a percent tested positive. It is inutile. The purpose is defeated,” he pointed out, justifying the revocation of drug tests.

“I think the lawyers of LTO should read the law. That has been very specific, the Section 36 that we removed. Section 36 of RA 9165 (dangerous drugs law) is no longer in effect. We have removed it already through RA 10586,” he said.

Aquino signed into law last month a measure that would penalize drivers found to be driving under the influence of liquor or prohibited drugs with up to three months in prison and a fine ranging from P20,000 to P80,000.

RA 10586 or the “Anti-Drunk and Drugged Driving Act of 2013” also imposes harsher penalties in cases of drunk or drugged drivers getting involved in accidents, especially if there are casualties.

Deputy presidential spokesperson Abigail Valte warned the public that those found to be violating the law would also have to pay more as consequences worsen.

There will be a maximum fine of P200,000 for physical injuries incurred in accidents, and P500,000 if such collision resulted in somebody’s death.

Jail terms would correspondingly increase as provided for in the Revised Penal Code – like homicide, or reckless imprudence resulting in homicide or serious physical injuries, which have their own corresponding penalties under the law.

Aside from these, the LTO shall confiscate and suspend for 12 months the license of a non-professional driver for the first conviction. On second conviction the license would be perpetually revoked.

For professional drivers, their license would be confiscated and perpetually revoked for the first conviction, which shall be the basis to disqualify the driver from “being granted any kind of driver’s license thereafter.”

Refusal to comply with mandatory tests for field sobriety and drug tests will result in confiscation and automatic revocation of license, aside from other penalties provided and/or other pertinent laws. These are on top of the other violations the driver might be held liable for under local ordinances.

The owner and/or operator of the offending vehicle, in case of vehicles for hire, will be just as “directly and principally (held) liable together with the offender for the fine and the award against the offender for civil damages.”

However, the operator of the vehicles for rent may be exculpated if he “has exercised extraordinary diligence in the selection and supervision of his drivers in general and the offending driver in particular.” “Section 7 now mandates the mandatory alcohol and chemical testing of drivers involved in motor vehicular accidents, so that will now be a staple,” Valte said, adding a breathalyzer would be used to verify alcohol or drug consumption.

The LTO was also tasked to hold “nationwide random terminal inspection and quick random drug tests for all public utility drivers of delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent taxicabs.”

Valte explained that Section 4 of the new law also provides for driver’s education to get a license as well as renewing license every three years.