Question & AnswerQ&A (LTO MEMORANDUM CIRCULAR NO. BGC-MC-00317)
The purpose is to implement the rules and regulations for drug testing of professional driver's license holders/applicants to ensure road safety in the Philippines, in conformity with AO No. BGC-AO-001 and Republic Act No. 4136, section 22 as amended by Batas Pambansa Blg. 398.
Drug test is any chemical, biological, or physical instrument analysis administered by a laboratory for determining the presence or absence of a drug or its metabolites.
There are three classes: Class A Laboratories (screening, confirmatory, quantitative tests), Class B Laboratories (screening & confirmatory tests collaborating with Class A for further confirmation), and Class C Laboratories (screening tests collaborating with Class A or B for confirmation).
The Assistant Secretary of the Land Transportation Office (LTO) has the authority to approve or disapprove applications and issue accreditation permits.
First offense: administrative fine of Php 10,000 for Class A and B, Php 5,000 for Class C. Second offense: one-year suspension plus a fine of Php 15,000 for Class A and B, Php 10,000 for Class C. Third offense: cancellation of the accreditation permit.
The accreditation permit is valid for one year, from January 1 to December 31 of a given year. Renewal must be filed on or before the last working day of the year.
A filing fee of Php 500 is collected upon application. Accreditation fees are Php 2,500 for Class A, Php 2,000 for Class B, and Php 1,500 for Class C laboratories.
Class A and B laboratories must post a bond of Php 300,000 in cash or surety. Class C laboratories must post a bond of Php 100,000.
No, any person or entity operating as an accredited laboratory without a permit shall be penalized and/or denied transactions with the LTO.
The driver's sample must undergo confirmatory testing at the Class A Confirmatory Laboratory at no cost to the driver. The driver may request further testing at the DDB, NBI, or PNP Crime Laboratory at their own expense.
Documents include Certificate of Accreditation from DDB, certification authorizing laboratory director/physician to conduct testing, PRC license of the laboratory director, Medical Technologist training certificate, chain of custody forms, business registration certificates, mayor's permit, TIN, income tax return, SSS membership certificate, specimen signatures, and laboratory floor plan.
They must periodically report results to the LTO Central Office or Regional Offices. The results are confidential and must specify the drug tested and whether positive or negative.