Dean Glenn Capanas of the University of San Carlos College of Law has written to Sen. Bam Aquino and Cebu City South District Rep. Edu Rama, urging them to sponsor amendments to Republic Act No. 10586, citing procedural gaps and outdated legal thresholds that hinder DUI prosecutions.
In separate letters to the two lawmakers, Capanas outlined a proposal which, he said, was based on “rigorous legal research and policy development” conducted by the USC College of Law’s Criminal Justice System classes.
These include lowering the blood alcohol concentration (BAC) threshold, mandatory alcohol screening for drivers involved in accidents within a two-hour window, and requiring both private and public medical facilities to cooperate in administering chemical tests following vehicular accidents.
Vision Zero
The proposed amendments are named after Cheng, whose death exposed enforcement loopholes in RA 10586 after the suspect, Andrew Pajarillo, was able to evade sobriety tests while confined in a private hospital.
It seeks to transition the Philippines toward Vision Zero, a road safety philosophy pioneered in Sweden that asserts no loss of life or serious injury is acceptable.
In a statement, Cheng’s family expressed gratitude for the efforts of the USC College of Law, saying the proposed Kingston Cheng Amendments would not only enhance road safety but also help secure justice for victims of drunk and drugged driving.
“For us, the true purpose of the amendments is to prevent the same heartbreak that we suffered from happening to someone else. If the same tragedy does happen, God forbid, then the proposed amendments guarantee that the law is enforced to the fullest extent,” the family said.
Tragedy
Cheng, who opened The Mill Lifestyle Café at just 21, was walking with a friend along the sidewalk on Paseo Saturnino Drive in Barangay Banilad, Cebu City, when he was struck by a speeding Toyota Innova driven by Andrew Pajarillo, also 21, shortly after midnight on Feb. 8.
Pajarillo had first hit a parked Toyota Vios. Instead of stopping, he accelerated and then struck Cheng, who was thrown on impact and later died. Pajarillo subsequently lost control of his vehicle, which overturned near Maria Luisa Subdivision, an upscale residential area where he lived.
Charges of reckless imprudence resulting in homicide with failure to render assistance were later filed against Pajarillo, who was released on bail.
The first court hearing was set for April 23—Cheng’s 24th birthday—when both the prosecution and defense are expected to present their evidence.
A violation of Republic Act No. 10586, which carries heavier penalties, was not filed after Pajarillo tested negative in a sobriety test administered 19 hours after the accident.
The delay was reportedly due to the lack of alcohol-testing equipment at the private hospital where Pajarillo was initially brought, as well as the time it took to transfer him to the city-run Cebu City Medical Center.
Systemic flaw exposed
The USC College of Law said Cheng’s tragic death exposed a systemic flaw in the current framework of RA 10586: a driver can evade criminal liability for DUI by avoiding or delaying apprehension and testing until they are no longer chemically impaired.
It also cited national statistics indicating that the law has failed to serve as an effective deterrent.
Transport-related deaths rose from 89 in 2013, when the law was enacted, to 560 in 2019. While cases declined during the pandemic due to lockdowns imposed to curb COVID-19, figures began rising again by 2024.
Under the proposed amendments by the USC College of Law, blood alcohol concentration (BAC) limits would be lowered—similar to standards in Japan and Sweden—to 0.02 percent for novice, professional, and public utility drivers, and 0.03 percent for all other private motor vehicle drivers.
As in the United States, motorists are deemed to have given implied consent to chemical tests for alcohol or drug content.
The proposed mandatory screening would authorize law enforcers to require breath samples from lawfully stopped drivers.
Presumption of guilt
Refusal to submit to the required tests would give rise to a presumption that the driver was under the influence of alcohol or drugs at the time of operating the vehicle and would constitute prima facie evidence of guilt.
In cases where the driver evades immediate testing, the results of a chemical test conducted within six hours of the incident shall be admissible. Courts shall also allow the use of retrograde extrapolation by a qualified expert to determine the driver’s blood alcohol concentration (BAC) at the time of vehicle operation.
Retrograde extrapolation is the scientific method of estimating a person’s BAC at the time of driving by working backward from the results of a later-administered chemical test.
Mandatory testing must be conducted within a two-hour window. Failure of law enforcers to comply may be grounds for disciplinary action.
Medical personnel and facilities that refuse to cooperate in the administration of chemical tests following a vehicular accident may face administrative, civil, and criminal sanctions. Such refusal may also constitute prima facie evidence of obstruction of justice.
Higher penalties in ‘vulnerable zones’
Penalties should be increased for offenses committed in designated “vulnerable zones,” such as school areas, hospital vicinities, and high-density residential communities.
The proposal also introduces rehabilitative measures, including the mandatory installation of ignition interlock devices for repeat offenders.
An ignition interlock device is a breath-alcohol analyzer connected to a vehicle’s ignition system that prevents the engine from starting if it detects a BAC above a preset limit.
Offenders must complete behavioral therapy and education before regaining their licenses.
The USC College of Law said Cheng’s case underscores the need to move beyond punishment toward systemic accountability and science-based enforcement—so roads can become safer for all Filipinos. —Ed: Corrie S. Narisma
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