Inside Page | Fernan A. Gianan:

On implementing the Anti-Drunk Driving Act

It is claimed that certain officials have suggested that a deeper probe be taken by the authorities on the drowning of a Danicop resident last April 30, 2023.

Both the victim and his friend did not register as guests and apparently entered the Twin Rock Beach Resort with guards and management unaware of their presence.

The two men allegedly came from a party and were under the influence of liquor when they took a swim sometime before 6 PM of April 30.

At the time, the tide was going out and the duo were at the outer part of the reef near where there is a sudden drop in sea level.

Mark John Magdaraog was carried by big waves and the current beyond the reef and over the deep end.

When his body was recovered, there was an injury to the back of the head.

The Danicop resident is the second individual to drown this summer season, after the visiting Quezon City jeepney driver who also drowned at a Pandan beach resort while under the influence of liquor.

In February, a soldier of the Philippine Army was crossing a river in San Miguel town at 8 AM to gather vegetables together with colleagues when he was carried by the strong current and drowned.

In beach resorts and similar places, it would be difficult to prevent anyone under the influence of liquor from going for a swim.

But at the very least, their companions could dissuade them from doing so.

A check of popular e-commerce sites would show that a personal handheld digital Alcohol Breath Analyzer (ABA) costs between P500 to P1,500.

It can be used to measure the level of Blood Alcohol Concentration (BAC), which refers to the measure of amount of alcohol in a person’s blood.

Such a device in a home with liquor-drinking occupants and establishments serving alcohol drinks would be useful in dissuading anyone who had enough from driving their way home.

One drunken individual persuaded to stay or being driven home would be one less accident victim.


On the other hand, 10 years after Republic Act 10856, or the Anti-Drunk and Drugged Driving Act of 2013, was passed, it has yet to be fully implemented, especially the provision against drunk driving.

The law and its 2014 IRR, defines Driving Under the Influence of Alcohol (DUIA) as the act of operating a motor vehicle while the driver’s BAC level has, after being subjected to an ABA test, reached the level of intoxication.

Under the law, 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. For drivers of trucks, buses, motorcycles and public utility vehicles, a BAC of more than 0.0% shall be conclusive proof that said driver is driving under the influence of alcohol.

Law enforcement officers are allowed by the law to flag down a passing vehicle if he probable cause to believe that the driver is doing so under the influence of liquor.

The driver is then directed to perform three sobriety tests on site and if he or she fails any of the tests, the officer shall determine the driver’s BAC level through the use of the ABA.

The problem is that the Land Transportation Office and the Philippine National Police procured only 150 of the ABA devices, as the Fit 333 handheld model with printer cost P68,000 each.

According to reports, the printer model is necessary in order for the test results to have evidentiary value in court. It also needs to be calibrated every six months or after every 2,000 tests to ensure accuracy.


THE WISH. A husband and wife in their sixties were coming up on their 40th wedding anniversary. Knowing his wife loved antiques, he bought a beautiful old brass oil lamp for her. When she unwrapped it, a genie appeared. He thanked them and gave each of them one wish.

The wife wished for an all-expense paid, first class, around-the-world cruise with her husband.

Shazam! Instantly she was presented with tickets for the entire journey, plus expensive side trips, dinners, shopping, etc.

The husband, however, wished he had a female companion who was 30 years younger. The genie smiled and…

Shazam! Instantly he turned 93 years old.

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