Drug-free Government Act

Senate Gifiee of the sortietaup TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG 18 A11:32 First Regular Session ) SENATE RECEIVED BY: S. No. 1200 Introduced by Senator Robinhood Padilla AN ACT REQUIRING ELECTED AND APPOINTED OFFICIALS OF PUBLIC OFFICES, INCLUDING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, TO UNDERGO AN ANNUAL MANDATORY DRUG TESTING AND INSTITUTIONALIZING VOLUNTARY RANDOM DRUG TESTING OF CANDIDATES FOR ELECTORAL POSTS WITHIN NINETY (90) DAYS PRIOR THE ELECTION DAY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165 OR THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 EXPLANATORY NOTE

Section 4, Article II of the 1987 Philippine Constitution declares that "the prime

duty of the Government is to serve and protect the people. "This principle is consistent with the Latin maxim salus populi est suprema lex, which underscores that the welfare of the people is the highest law. Likewise, the Constitution emphasizes that "public office is a public trust"and that public officers and employees must uphold the highest standards of responsibility, integrity, loyalty, and efficiency, guided by patriotism, justice, and modesty in public service. In furtherance of this constitutional mandate and the Comprehensive Dangerous Drugs Act of 2002, the Civil Service Commission (CSC) issued CSC Resolution No. 1700653, dated 15 March 2017, providing guidelines on the conduct of mandatory random drug testing for public officials and employees. Subsequently, the Dangerous Drugs Board (DDB) promulgated DDB Regulation No. 13, series of 2018, institutionalizing drug-free workplace policies across all government offices. The said regulation provides that any public official or employee found positive for drug

use shall be subject to disciplinary or administrative proceedings, with dismissal from service as the penalty for the first offense. Thereafter, CSC Resolution No. 1900238, dated 8 March 2019, amended the earlier CSC issuance by allowing agencies to be exempted from its coverage, provided that they instead adopt the provisions of DDB Regulation No. 13, s. 2018. Notwithstanding these issuances, there remain gaps in ensuring the effective and consistent enforcement of a drug-free policy across the bureaucracy. Given their role as frontliners of public service, it is imperative that public officials and government employees themselves first exemplify accountability and adherence to constitutional principles. Subjecting them to integrity measures, including drug testing, is therefore a necessary tool to reinforce the government's commitment to service founded on responsibility, integrity, and loyalty to the people. Public officials, by virtue of their mandate, must not only be free from the influence of dangerous drugs but must also demonstrate leadership by example. In view of the forgoing, the passage of the proposed bill is earnestly sought. ROBINHOOD PADILLA Senator ANK

Senate flice of the Secretare TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG 18 A11:32 First Regular Session ) RECEIVED BY: SENATE S. No. 1200 Introduced by Senator Robinhood Padilla AN ACT REQUIRING ELECTED AND APPOINTED OFFICIALS OF PUBLIC OFFICES, INCLUDING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, TO UNDERGO AN ANNUAL MANDATORY DRUG TESTING AND INSTITUTIONALIZING VOLUNTARY RANDOM DRUG TESTING OF CANDIDATES FOR ELECTORAL POSTS WITHIN NINETY (90) DAYS PRIOR THE ELECTION DAY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165 OR THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Drug-Free Government

2 Act."

Sec. 2. Declaration of Policy. - It is the policy of the state to maintain peace

4 and order, protect one's life, liberty, and property, and promote the general welfare 5 of the people. The 1987 Constitution also reiterates that the State shall maintain honesty and integrity in the public service, highlighting the importance of accountability of public officers and employees, with high regard to the service equipped with utmost responsibility, integrity, loyalty, and efficiency, actions toward patriotism and justice, and lives with modesty. Hence, a public office being a public trust, public officials shall also be subject to accountability measures such as mandatory random drug testing inclined with the officials' mandate of promoting the general welfare of the people, especially in terms of mitigating, if not totally eliminating, drug use and abuse in the community.

Sec. 3. Amendment. - Section 36 of Republic Act No. 9165 or Comprehensive

Dangerous Drugs Act of 2002 is amended to read as follows: "SECTION 36. Authorized Drug Testing. - Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2) testing methods, the screening test which SHALL BE DONE THROUGH HAIR FOLLICLE DRUG TEST, THAT will determine the positive result as well as the type of the drug used and the confirmatory test which SHALL BE DONE THROUGH URINE DRUG TEST, THAT will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo MANDATORY drug testing: (a) Applicants for driver's license. - No driver's license shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs; XXX [(g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. ] (G) ALL ELECTED AND APPOINTED OFFICIALS OF THE GOVERNMENT, GOVERNMENT INSTRUMENTALITIES, OR GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS (GOCCS), WHETHER DOMESTIC OR

OVERSEASES, INCLUDING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, SHALL BE SUBJECTED TO UNDERGO AN ANNUAL MANDATORY DRUG TEST THROUGH HAIR FOLLICLE DRUG TEST. ANY OFFICIAL FOUND POSITIVE FOR USE OF DANGEROUS DRUGS SHALL BE DEALT WITH ADMINISTRATIVELY WHICH SHALL BE A GROUND FOR SUSPENSION OR TERMINATION FROM OFFICE, SUBJECT TO CERTAIN PERTINENT LAWS. CANDIDATES FOR ELECTORAL POSTS ARE NOT PRECLUDED FROM UNDERGOING VOLUNTARY HAIR FOLLICLE DRUG TEST WITHIN NINETY (90) DAYS PRIOR THE ELECTION DAY. XXX"

Sec. 4. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.

Sec. 5. Repealing Clause.- Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 6. Effectivity.- This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. Approved,