Article 198Act No. 3815, Sec./Art. 198

Illegal betting on horse races.-The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who, except during the periods allowed by law, shall bet on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.

For the purposes of this article, any race held on the same day and at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

horizontal

gaze

nystagmus,

the

walk-and-turn,

the

one-leg stand, and other similar tests as determined

jointly by the DOH, the NAPOLCOM and the DOTC.

(h) Motor vehicle refers to any land transportation vehicle

propelled by any power other than muscular power.

(i) Motor vehicles designed to carry hazardous materials

refer to those designed to carry or transport materials

which may endanger health and lives of the public.

(j) Public utility vehicles refer to motor vehicles for hire

and used to carry or transport passengers or goods.

Section 4. Driver’s Education. – Every applicant for a

motor vehicle driver’s license shall complete a course of

instruction that provides information on safe driving

including,

but

not

limited

to,

the

effects

of

the

consumption of alcoholic beverages on the ability of a

person to operate a motor vehicle, the hazards of driving

under the influence of alcohol, dangerous drugs and/or

other similar substances, and the penalties attached for

violation thereof.

For professional drivers, every applicant for a driver’s

license

or

those

applying

for

renewal

thereof

shall

undergo the driver’s education herein stated.

The driver’s license written examination shall include

questions concerning the effects of alcohol and drug

intoxication on the ability of a person to operate a motor

vehicle

and

the

legal

and

pecuniary

consequences

resulting from violation of the provisions of this Act.

Section 5. Punishable Act. – It shall be unlawful for any

person to drive a motor vehicle while under the influence

of

alcohol,

dangerous

drugs

and/or

other

similar

substances.

Section 6. Conduct of Field Sobriety, Chemical and

Confirmatory Tests. – A law enforcement officer who has

probable cause to believe that a person is driving under

the influence of alcohol, dangerous drugs and/or other

similar

substances

by

apparent

indications

and

manifestations, including overspeeding, weaving, lane

straddling, sudden stops, swerving, poor coordination or

the evident smell of alcohol in a person’s breath or signs

of use of dangerous drugs and other similar substances,

shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of

the law enforcement officer to implement the mandatory

determination of the driver’s blood alcohol concentration

level through the use of a breath analyzer or similar

measuring instrument.

If the law enforcement officer has probable cause to

believe that a person is driving under the influence of

dangerous drugs and/or other similar substances, it shall

be the duty of the law enforcement officer to bring the

driver to the nearest police station to be subjected to a

drug screening test and, if necessary, a drug confirmatory

test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic

enforcement

officers

shall

be

responsible

in

implementing this section.

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 No. 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.

Section 9. Acquisition of Equipment. – Within four (4)

months

from

the

effectivity

of

this

Act,

the

Land

Transportation Office (LTO) and the Philippine National

Police (PNP) shall acquire sufficient breath analyzers and

drug-testing

kits to be utilized by law enforcement

officers and deputized local traffic enforcement officers

nationwide giving priority to areas with high reported

occurrences of accidents. For purposes of acquiring these

equipment and for the training seminars indicated in

Section 10 hereof, the LTO shall utilize the Special Road

Safety Fund allotted for this purpose as provided under

Section 7 of Republic Act No. 8794, entitled: "An Act

Imposing a Motor Vehicle User’s Charge on Owners of All

Types

of

Motor

Vehicles

and

for

Other

Purposes".

Additional

yearly

appropriations

for the purchase of

breath analyzers and drug-testing kits shall be provided

annually under the General Appropriations Act.

Section 10. Deputation. – The LTO may deputize traffic

enforcement officers of the PNP, the Metropolitan Manila

Development

Authority

(MMDA)

and

cities

and

municipalities in order to enforce the provisions of this

Act.

Section 11. Law Enforcement Officer Education. – The LTO

and the PNP shall conduct training seminars for their law

enforcers and deputies with regard to the proper conduct

of field sobriety tests and breath analyzer tests every year.

Within four (4) months from the effectivity of this Act, the

LTO shall publish the guidelines and procedures for the

proper conduct of field sobriety tests, which guidelines

shall be made available to the public and made available

for download through the official LTO website.

Section 12. Penalties. – A driver found to have been

driving a motor vehicle while under the influence of

alcohol, dangerous drugs and/or other similar substances,

as provided for under Section 5 of this Act, shall be

penalized as follows:

(a) If the violation of Section 5 did not result in physical

injuries or homicide, the penalty of three (3) months

imprisonment, and a fine ranging from Twenty thousand

pesos

(Php20,000.00)

to

Eighty

thousand

pesos

(Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries,

the penalty provided in Article 263 of the Revised Penal

Code or the penalty provided in the next preceding

subparagraph, whichever is higher, and a fine ranging

from One hundred thousand pesos (Php100,000.00) to

Two hundred thousand pesos (Php200,000.00) shall be

imposed;

(c) If the violation of Section 5 resulted in homicide, the

penalty provided in Article 249 of the Revised Penal Code

and a fine ranging from Three hundred thousand pesos

(Php300,000.00)

to

Five

hundred

thousand

pesos

(Php500,000.00) shall be imposed; and

(d) The nonprofessional driver’s license of any person

found to have violated Section 5 of this Act shall also be

confiscated and suspended for a period of twelve (12)

months for the first conviction and perpetually revoked

for the second conviction. The professional driver’s license

of any person found to have violated Section 5 of this Act

shall also be confiscated and perpetually revoked for the

first conviction. The perpetual revocation of a driver’s

license shall disqualify the person from being granted

any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be

without prejudice to criminal prosecution for violation of

the Revised Penal Code, Republic Act No. 9165 and other

special laws and existing local ordinances, whenever

applicable.

Section 13. Direct Liability of Operator and/or Owner of

the Offending Vehicle. – The owner and/or operator of the

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 or she is able to convincingly prove that he or

she has exercised extraordinary diligence in the selection

© Compiled By RGL

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