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Introduction

Transportation has been serving a very important role to any country. It hadevolved throughout history by the creation of vehicles, both land and sea and suchvehicles have further improved to deliver with haste. People, goods and services arriveat a faster pace through driven vehicles. With the advent of modern society, effectivecontrol over transportation services has been given greater consideration to maintainorder over traffic.

1However, driving vehicles also carry with it many risks so much so

that vehicular accidents become common on a daily basis.2

The term vehicular accident is broad, covering minor accidents such as bumpingcurbs while parking, and serious accidents or those resulting to death. In thePhilippines, road accidents are so often that people pass it off as natural occurrences.Even Department of Transportation and Communication (DOTC) Assistant SecretaryDante Lantin claimed that road accidents might become the main cause of mortality in2020."

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Drinking has long been an accepted practice in Filipino culture. This hasreflected badly on the country in the 2011 Global Status Report on Alcohol and Healthconducted by the World Health Organization [WHO], the group said. Based on theresearch, the Philippines ranks second in most alcohol consumed in Southeast Asia.There are about 5 million alcohol drinkers in the country, making alcohol consumption amajor threat to national health. Even Metropolitan Manila Development Authority ChiefFrancis Tolentino has said drinking and driving has become a norm. Drunk drivers areconfident that they are sober enough to get home, and the realization of the truth comesa little too late. According to Tolentino, drunk drivers are not afraid because their actionshave no immediate consequences. If death and injury are not enough to scareoffenders, hopefully this law will be, Tolentino was quoted by the group as saying.4

Most of the causes of such accidents were attributed to consumption of alcoholand illegal drugs. To counter such, President Aquino signed, on May 27 2013, Republic

Act No. 10586, otherwise known as the Act Penalizing Persons Driving Under theInfluence of Alcohol, Dangerous Drugs and Other Similar Substances.5 It then tookeffect 15 days after its publication in the Official Gazette.

6RA 10586 gives law

enforcement officials the authority to conduct sobriety and breath alcohol tests ondrivers. Moreover, the DUI law also provides for mandatory testing on those involved invehicular accidents to check if they were driving under the influence of alcohol ordangerous drugs.7

However, the law was questioned for problems were presented as to its

implementation by virtue of several of its provisions, which were claimed to beambiguous. It may give law enforcement officers unlimited powers not only in enforcingsaid law but also a wide discretion as to who may be considered as driving under theinfluence of alcohol or drugs. Some people proposed that the anticipated ImplementingRules and Regulations would cure any ambiguity in the law and place a bar againstabuse in enforcing its provisions, while the less convinced ones would rather have thelaw declared as unconstitutional because it is penal in nature and must be stated insuch a detail as to leave no room for interpretation.

Statement of the Problem

The study intends to determine the constitutionality of Republic Act 10586,particularly on some of its provisions. These are the following:

1Executive Order 546, July 23, 1979

2http://www.car-accidents.com/country-car-accidents/philippines-car-accidents.html

3http://www.gmanetwork.com/news/story/267871/newstv/angpinaka/ang-pinaka-top-10-most-common-

causes-of-road-accidents4

http://businessmirror.com.ph/index.php/en/news/nation/10504-stiffer-law-against-drunk-driving-sought5

http://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-law6 Sec. 20, R.A. 105867 http://www.pinoyrepublic.net/president-noynoy-aquino-signs-republic-act-10586-or-the-dui-law/

http://www.gmanetwork.com/news/story/267871/newstv/angpinaka/ang-pinaka-top-10-most-common-causes-of-road-accidentshttp://www.gmanetwork.com/news/story/267871/newstv/angpinaka/ang-pinaka-top-10-most-common-causes-of-road-accidentshttp://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-lawhttp://www.pinoyrepublic.net/president-noynoy-aquino-signs-republic-act-10586-or-the-dui-law/http://www.pinoyrepublic.net/president-noynoy-aquino-signs-republic-act-10586-or-the-dui-law/http://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-lawhttp://www.gmanetwork.com/news/story/267871/newstv/angpinaka/ang-pinaka-top-10-most-common-causes-of-road-accidentshttp://www.gmanetwork.com/news/story/267871/newstv/angpinaka/ang-pinaka-top-10-most-common-causes-of-road-accidents

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1) Whether the penalties prescribed under R.A. No. 10586 are too excessive anddisproportionate to the offense as to amount to violation of the equal protectionclause under the 1987 Constitution;

2) Whether the determination of probable cause by the law enforcement officer is

reasonable for them to conduct of sobriety test based merely on the; and

3) Whether said law is incomplete when it defined which person is considereddriving under the influence of alcohol under Sec. 3 par. (e).

Scope and Limitations

To determine the constitutionality of Republic Act No. 10586, several aspects of thelaw was studied, these are the following:

1) Excessiveness of the penalties under Section 12;2) Determination of probable cause under Section 6; and

3) Completeness of the identity of the person driving under the influence of alcoholunder Sec. 3 par. (e)

Questions behind the passage of the law and its wisdom, technical matters in takingsobriety tests, chemical and drug testing were not covered in this research.

Significance of the Study

The promised rules and regulations for the law have yet to be implemented, butthe fear of abuse by traffic enforcers is apparent by a scrutiny of the questionedprovisions. Deputy Presidential Spokesperson Abigail Valte, who announced the signingof the law in a Palace briefing, admitted that the law could be open to abuse, especially

by traffic enforcers who would demand bribes from motorists.8

Especially in thePhilippines, where corruption by law enforcement authorities is abundant, the law mayendow them with more means to corruption.

9With the huge penalties imposed by the

law, motorists may be exposed to more danger than what they have been enduringbefore the enactment of the law, when traffic enforcers ask for higher bribes.10

Review on Related Literature

In Georgia, operating a motor vehicle is prohibited when the blood alcoholconcentration of the driver exceeds .10%. Attorney Winde Rovira who licensed inGeorgia and Alabama, in claiming that penalizing drunk driving is justified especially for

teens, said that there are two main reasons why teens are at a higher for being in a carcrash and lack of driving experience and their tendency to take risks while driving.Teens drive faster and do not control the car as well as more experienced drivers. Their

judgment in traffic is often insufficient to avoid a crash. In addition, teens do most oftheir driving at night, which can be even more difficult. Standard driver's educationclasses include 30 hours of classroom teaching and 6 hours of behind-the-wheeltraining. This is not enough time to fully train a new driver. Teen drivers are more like tobe influence by peers and other stresses and distractions. This can lead to recklessdriving behaviors such as speeding, driving under the influence of drugs and alcohol,and not wearing safety belts.11

In State vs Brown, the defendant claimed that DUI is a motor vehicle violationand not a crime and thus, his being arrested for DUI could not constitute a violation of acondition of his probation that he not violate any criminal law. The defendant based hisargument on the statutory definitions of offense and crime contained in the PenalCode of Connecticut.(http://search.cga.state.ct.us/dtsearch.asp?cmd=getdoc&DocId=25922&Index=I%3a%5

czindex%5c2001&Item=607)

8http://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-law

9http://www.bazics.net/2010/10/2010-most-corrupt-countries-in-world.html

10R.A. 10586, Sec 12

11 Craft, Stephen. Interview with Winde Rovira. Attorney at Law licensed in Georgia and Alabama. 8March 2000

http://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-lawhttp://newsinfo.inquirer.net/417711/its-official-drunk-driving-is-against-the-law

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Methodology

The research was approached by applying statutory construction in determiningthe application of the questioned provisions, and relating such with prevailing Philippine

jurisprudence to finally determine the constitutionality of R.A. 10586. Such jurisprudencemeasured the legality of the law through the legal principles in the Supreme Courtsdecision. Such decisions have the force and effect of the law in interpreting thequestioned provisions in this research.

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12 According to Article 8 of the New Civil Code of the Philippines, Judicial decisions applying orinterpreting the laws or the Constitution shall form part of the legal system of the Philippines.