Liability of an Unlicensed, Drunk Driver Who Is Injured in a Road Accident (Philippine Legal Perspective)
1. Overview
When a person drives without a valid driver’s licence and is under the influence of alcohol (UIA), three overlapping legal regimes come into play:
| Sphere | Key Statute | Core Consequences |
|---|---|---|
| Criminal / Quasi-criminal | Revised Penal Code (RPC), Art. 365; R.A. 10586 (Anti-Drunk and Drugged Driving Act of 2013) | Imprisonment, fines, and possible accessory penalties (e.g., perpetual disqualification from licensing) |
| Traffic-administrative | Land Transportation & Traffic Code (R.A. 4136, as amended), LTO Memorandum Circulars | Immediate impoundment, fines, suspension/denial of licence, vehicle registration sanctions |
| Civil / Tort | Civil Code of the Philippines, Arts. 2176–2180, 2184–2185, 1170–1172 | Liability for damages; presumptions of negligence; contributory negligence doctrines |
Because the driver is both unlicensed and intoxicated, Philippine law simultaneously (a) presumes negligence, (b) enhances criminal penalties, and (c) creates powerful obstacles to any damages claim the driver might later assert for his own injuries.
2. Criminal & Quasi-Criminal Liability
Article 365, RPC (Reckless Imprudence): Reckless imprudence resulting in homicide, serious or less serious physical injuries, or damage to property is punished in proportion to the gravity of the resulting harm. Aggravating factor: Driving “without authority” (i.e., no licence) or “in a manifestly dangerous manner” (e.g., while drunk) increases both the penalty band and the court’s discretion to impose the maximum within that band.
R.A. 10586 (Anti-Drunk and Drugged Driving Act):
Section 5 criminalises operating a motor vehicle with a blood-alcohol concentration (BAC) of ≥ 0.05 g/dL (private vehicles) or any detectable alcohol for professional drivers and motorcycle riders.
Mandatory Testing: Refusal to undergo a breathalyser or chemical test after probable cause is itself an offence.
Penalties:
Result of Accident Base Penalty (R.A. 10586) Aggravated if Unlicensed No physical injury or damage ₱20 000–₱80 000 fine & 3-month imprisonment Courts routinely impose max & add Art. 365 imprisonment Physical injuries ₱100 000–₱200 000 & 3-month–12-year imprisonment (also RPC Art. 263) Same plus Art. 365 increases Homicide ₱300 000–₱500 000 & 12-20 years prison Add Art. 365 maximum + disqualification
Unlicensed Status as a Stand-alone Offence (R.A. 4136, §23):
- Fine (₱3 000 – ₱10 000)
- Vehicle impoundment until a duly licensed driver claims it
- Possible perpetual disqualification (LTO Admin. Order 2015-014)
3. Civil Liability & Insurance Implications
3.1 Presumption of Negligence
- Article 2185, Civil Code: Violation of any traffic regulation (e.g., no licence, drunk driving) raises a presumption of negligence.
- De Guia v. CA (G.R. L-35931, 30 Aug 1984): “Driving without a licence is negligence per se; the causal connection to the injury need only be shown prima facie.”
3.2 Contributory vs. Comparative Negligence
- Article 2179: Damages may be mitigated if the plaintiff’s own negligence contributed to the injury.
- Because the unlicensed drunk driver is typically the tortfeasor, contributory-negligence analysis usually arises only if he sues a co-actor (e.g., another motorist). In practice, courts heavily discount or bar his recovery unless the co-actor’s fault is egregious (e.g., intentional collision).
3.3 Subrogation & Insurance Exclusions
- Motorcar (CTPL/co-mprehensive) policies in the Philippines uniformly exclude coverage when the insured driver is (a) unlicensed or (b) under the influence. Insurers therefore deny indemnity and may seek reimbursement for third-party payouts (right of subrogation).
- The injured driver may still claim no-fault benefits (₱15 000 under R.A. 10607) only for death or bodily injury suffered by third parties, not by the offending driver himself.
4. Administrative Sanctions (LTO & LGU)
| Violation | Fine (₱) | Ancillary Penalties |
|---|---|---|
| Driving UIA (no injuries) | 20 000 | Confiscation of licence (if any), 12-month suspension |
| Driving UIA (with injuries) | 50 000 | Perpetual revocation; vehicle impoundment |
| Driving without licence | 3 000–10 000 | Disqualification from obtaining a licence for 1 year (1st), 2 years (2nd), lifetime (3rd) |
| Tampering with plates / stickers to avoid detection | 5 000 | Confiscation, criminal case for falsification |
Note: Local government units may impose additional ordinances (e.g., Quezon City’s “Drink-Stop-Drive”). These cannot contradict national statutes but may raise fines.
5. Jurisprudence Highlights
| Case | G.R. / Date | Held |
|---|---|---|
| Picart v. Smith (en banc) | G.R. L-1222, 15 Mar 1918 | Established “standard of a prudent man” for determining negligence—still cited to gauge reckless imprudence. |
| People v. Cadalzo | G.R. 87148, 19 Jan 1993 | Court affirmed conviction for reckless imprudence resulting in homicide; emphasised fact of intoxication as evidence of reckless disregard. |
| People v. Campo | G.R. 218391, 7 Jan 2019 | Accused had no licence and was drunk; SC applied maximum penalty under Art. 365 in conjunction with R.A. 10586. |
| Manuel v. CA | G.R. 165842, 20 Aug 2008 | In suit for damages, plaintiff-driver barred from recovery due to own illegal overtaking while intoxicated; contributory negligence exceeded defendant’s. |
6. Defences & Mitigating Circumstances
- Lack of Causal Connection: Defendant may argue that although unlicensed and drunk, the proximate cause of the collision was a superseding event (e.g., mechanical failure). Courts rarely accept this unless clearly proven (Art. 2185 presumption).
- Emergency Doctrine: If driver faced a sudden peril not of his own making, liability may be reduced (Picart rule).
- Plea Bargain (Criminal): Courts may allow plea to “simple imprudence” if injuries are minor and the driver accepts civil liability.
- Voluntary Settlement: Article 2029 encourages extrajudicial compromise; often used to mitigate imprisonment in first-time, non-fatal cases.
7. Rights of the Injured Unlicensed Drunk Driver
| Potential Claim | Hurdles |
|---|---|
| Against the other motorist (tort) | Must prove the other driver was at least equally negligent; his own illegal status triggers Art. 2179 deduction or bar. |
| Against vehicle owner (employer) | Possible under Art. 2180 if employee acting within scope, but owner will invoke defensa de diligencia in eligendo et vigilando. |
| PhilHealth / HMO coverage | Generally unaffected; medical insurance does not exclude drunk-driving injuries. |
| SSS / ECC disability benefits | Payable unless injury is “due to notorious negligence” (SSS Law, §14-A); drunk driving has been held “notorious,” so claims often denied. |
8. Interplay with Settlement, Probation & Community Service
- Probation Act (P.D. 968, as amended): Available if imprisonment ≤ 6 years and accused shows genuine remorse; courts may impose community service in lieu of incarceration.
- Civil Compromise as Mitigation: Full payment of civil damages before judgment can reduce the indeterminate sentence (Art. 365 penology doctrine).
9. Practical Enforcement Steps (Field Level)
- Traffic Stop: “Probable cause” = weaving, speeding, accident scene, smell of alcohol.
- Standard Field Sobriety Test (SFST): Eye nystagmus, walk-and-turn, one-leg stand (per DOTr-LTO JAO 2015-01).
- Breathalyser / Blood Test: Conducted within 1 hour; refusal = separate offence.
- Verification of Licence: If none, vehicle is towed; driver escorted for booking.
- Booking & Inquest: Prosecutor files charge for violation of R.A. 10586; if injuries or death, Reckless Imprudence is added in the information.
10. Key Take-aways
- Double Aggravation: Being both unlicensed and drunk triggers heavier criminal penalties and iron-clad civil presumptions of negligence.
- Insurance Is Useless: Motor insurers invariably invoke policy exclusions; injured driver must shoulder his own medical costs.
- Little Room to Sue: Any damages action by the intoxicated, unlicensed driver is severely hampered by Article 2179 and case law.
- Administrative Burdens Are Heavy: Beyond fines, the LTO may permanently disqualify the offender from licensure.
- Prompt Settlement Helps: For non-fatal cases, early restitution to third-party victims can temper imprisonment and lead to probation or community service.
DISCLAIMER
This article is for informational purposes only and does not constitute legal advice. Statutes, regulations, and jurisprudence are summarised here; readers should consult the official texts or a qualified Philippine lawyer for specific situations.