→ Offer of the Beamarg TWENTIETH CONGRESS OF THE SEP -1 P3:09 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE 1319 S. No. _ Introduced by Senator Raffy T. Tulfo AN ACT INSTITUTIONALIZING RANDOM DRUG TESTING FOR INCUMBENT ELECTIVE AND APPOINTED OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002" EXPLANATORY NOTE Republic Act (R.A.) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, remains the foundation of the country's policy framework against illegal drugs. Yet, more than two decades since its enactment, drug use continues to persist not only in communities but also within government institutions, raising serious concerns about the integrity and credibility of public service. To strengthen accountability in government, this measure seeks to amend R.A. No. 9165 by institutionalizing random drug testing for incumbent elective and appointive officials. By requiring officials already holding office to undergo testing, this measure reinforces the principle that public office is a symbol of public trust, and that government leaders must serve as examples of integrity and discipline. This proposed amendment has been written with full consideration to the Supreme Court ruling in Social Justice Society (SJS) vs. Dangerous Drugs Board (G.R. No. 157870, November 3 2008), which struck down the requirement of mandatory drug testing for
election candidates, labeling this as unconstitutional. To ensure consistency with the Constitution and jurisprudence, the proposed amendment expressly excludes candidates for public office and limits its scope to officials who are already incumbents. As the measure emphasizes, those who have nothing to hide should have nothing to fear. Protecting the integrity of government institutions begins with leaders themselves, who must demonstrate that drug use and abuse have no place in public service. In view of the foregoing, the immediate passage of this bill is earnestly sought.
Office of the seccretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SEP -1 P3:09 RECEIVED BY: SENATE 1319 S. No. _ Introduced by Senator Raffy T. Tulfo AN ACT INSTITUTIONALIZING RANDOM DRUG TESTING FOR INCUMBENT ELECTIVE AND APPOINTED OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS 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. A new paragraph (g) shall be inserted under Section 36 of Republic Act
No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002, " to read as follows: "G. ALL INCUMBENT ELECTIVE AND APPOINTIVE OFFICIALS IN GOVERNMENT SERVICE, REGARDLESS OF RANK OR POSITION, SHALL UNDERGO RANDOM DRUG TEST."
Sec. 2. A new Section 37 shall be inserted to read as follows and renumber the
succeeding sections accordingly: "SECTION 37. FREQUENCY AND MANNER OF RANDOM DRUG TESTING OF INCUMBENT ELECTIVE AND APPOINTIVE OFFICIALS. - DRUG TESTING SHALL BE CONDUCTED RANDOMLY AT LEAST ONCE A YEAR. THE RANDOM SELECTION AND TESTING PROCESS SHALL BE CONDUCTED IN A MANNER THAT ENSURES FAIRNESS, IMPARTIALITY, AND STRICT
CONFIDENTIALITY, IN ACCORDANCE WITH THE RULES AND GUIDELINES TO BE ISSUED BY THE DANGEROUS DRUGS BOARD (DDB) AND THE CIVIL SERVICE COMMISSION (CSC). PROVIDED, THAT THIS SHALL NOT APPLY TO CANDIDATES FOR PUBLIC OFFICE, IN ACCORDANCE WITH EXISTING JURISPRUDENCE. ANY INCUMBENT OFFICIALS WHO TESTS POSITIVE FOR THE USE OF DANGEROUS DRUGS SHALL BE SUBJECTED TO PENALTIES UNDER SECTION 15 OF THIS ACT."
Sec. 3. Implementing Rules and Regulations. - Within ninety (90) days from the
9 effectivity of this Act, the Dangerous Drugs Board (DDB), in coordination with the Civil Service Commission (CSC), The Department of the Interior of Local Government (DILG), and other concerned agencies, shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act.
Sec. 4. Separability Clause. - If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in force and effect.
Sec. 5. Repealing Clause. - Republic Act No. 6425, as amended, is hereby repealed
and all other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days upon its publication
in at least two (2) national newspapers of general circulation. Approved,