Dear PAO,
I am the owner and driver of a Transportation Network Vehicle Service (TNVS) vehicle registered in the Philippines. During one of my trips, I accidentally sideswiped a pedestrian crossing the street, causing the pedestrian to suffer a fracture in his left foot. Traffic law enforcers from the Philippine National Police-Highway Patrol Group (PNP-HPG) required me to undergo alcohol and chemical testing, which I refused to take. Can the PNP-HPG personnel force me to undergo these tests?
Gibo
Dear Gibo,
To answer your question, we shall refer to Sections 7 and 8 of Republic Act (RA) 10586, otherwise known as the “Anti-Drunk and Drugged Driving Act of 2013,” which provide:
“Section 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 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.
"Section 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 driver’s license, in addition to other penalties provided herein and/or other pertinent laws.”
It is clear from the above-quoted provisions that drivers involved in vehicular accidents that result to death or physical injury shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test to determine the presence of alcohol, dangerous drugs and/or similar substances in the bloodstream or body, and refusal to do so shall result in confiscation and automatic revocation of driver’s license in addition to other penalties.
Moreover, under 6 (a) (b) (3) (a) and (b) of the Memorandum Circular 2021-055 dated May 6, 2021, issued by the Philippine National Police (PNP):
A) 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 on-site field sobriety test and ABA testing whenever practicable and thereafter 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. A deputized police officer may use alcohol testing equipment such as Gas Chromotography Mass Spectoscropy (GCSMS) whenever the use of an ABA is not practical under prevailing circumstances;
B) A driver of a motor vehicle who refuses to undergo the mandatory testing as required shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.
Thus, since you were involved in an accident that resulted in the fracture of the left foot of a pedestrian crossing the street, you cannot refuse to undergo the mandatory alcohol and chemical testing. The law does not contemplate the driver's consent as a prerequisite to the testing requirement. Your refusal shall result in confiscation of your driver's license, its revocation, and other penalties as a statutory consequence.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@ manilatimes.net
