Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN

Department of Justice

Manila

MEMORANDUM CIRCULAR NO. 047TO

SUBJECT

Regional / Provincial / City Prosecution Offices

Heads of Bureaus, Commissions and OfficesattachedUnder the Admistrative Supervision of the Departmentof Justice

Department Circular No. 037, entitled : Institutionalizationof the "Drug-Free Workplace Policy'' and Adoption of"Guidelines In The Conduct of Drug Testing Program"In The Department ofJustice

DATE : 4 October 2016

Transmitted herewith, for information and strict implementation, isDepartment Circular (D.C.) No. 037, entitled ; Institutionalization ofthe "Drug-Free Workplace Policy" and Adoption of "Guidelines InThe Conduct of Drug Testing Program" In The Department ofJustice, dated 05 September 2016.

To ensure that the efforts of the government to counter drug problemin the country are effectively carried out, and to ensure that the Departmentand its attached agencies have a safe and healthy drug-free workenvironment, you are hereby directed to strictly implement the provisions ofthe Department Circular, more specifically Sections 9.0 - 13.0 on mandatoryand random drug testing of officials and employees, in your respective offices.

For proper implementation and guidance, attached herewith is theupdated list of Department of Health (DOH) accredited drug testinglaboratories in the country, and D.C. No. 037, series of ^16.

LFor strict compliance.

REYN ^TE B. ORCEOUfwersecretary

Chairpersofp Drug-Free Workplaceand Assessment Committee

End.: As stated.

AR-ALC/^ . . K ^R{ ALC fileiy DDB matters/ NADPA : Memo toagencies on drug tesbng.doc

Republika ng PllipioasKAGAWARAN NG KATARUNGANI

Department of JusticeMan ila

DEPARTMENT CIRCULAR NO. fS

To

Subject

Date

Undersecretaries/Assistant Secretarit^Heads of Concerned Attached Agenci#Prosecution Staff of the Office of the SecretaryRegional/City/Provincial Prosecution |)fficesChiefs ofService/Staff in the Office ofthe SecretaryAH Concerned |

INSTITUTIONALIZATION OF THE "DR|g-FREEWORKPLACE POLICY" and ADOPTIONIdf "GUIDELINES INTHE CONDUCT OF DRUG TESTING PRC^RAM" IN THEDEPARTMENT OF JUSTICE >

05 September 2016

1.0 Reference

The Department of Justice, as the principa! law agency of fte government, herebyundertakes to institutionalize its "Drug-Free Workplace Pom" and to adopt these"Guidelines in the Conduct of Drug Testing Program" pursuanmo the provisions of thefollowing laws and regulations:

1.1 Republic Act No. 9165, otherwise known as the "CcDrugs Act of 2002" and its Implementing Rules and R<

VNA-DC-05I16

iprehensive Dangerousiulations.

1.2. Office of the President of the Philippines, Memorandu# Circular No. 89, dated17 December 2015, entitled "Implementation and Ifititutionallzatlon of theNational Anti-Drug Plan of Action".

1.3 Dangerous Drugs Board (DDB) Board Regulation No.entitled: '̂Guidelines for the formulation and Implem^Workplace Program and the Conduct of Authorized DnBureaus and Agencies of the National and Local Go\,Owned and Controlled Corporations and other Institutethe State Colleges and Universities".

dated 26 March 2004,itation of a Drug-FreeTesting by All Offices,

^rnments, Government-of Learning Including

•• <0

1.4 Civil Semce Commission (C5C) Memorandum Circulf No. 13, series of 2010wi^ reference to CSC Resolution No. 101359 dam 06 July 2010 onsubject, 'Guidelines for aDrug-Free Workplace in thefeureaucracy".

DRUG-FREE WORKPLACE POLIC

2.0 Purpose

To promote a safe and heaithy drug-free work environment alwell as to prevent druai workplace through an institutionalized "Drug-Fri Workplace Policy" andefTective drug testing program which shall be carried out noSo harass but rather to

prevent the entry of iNegal drugs and the abuse thereof in the |epartment3.0 Policy Statement

It is the policy ofthe Department to protect its offices and safits officials and employees from the harmful effects of danqercposed by drug abuse in the workplace.

Toward thrs end, the Department shall adopt and implemerf an effective anti-druqabuse programs, proJe(^ and activities to include, among othfs, advocacy, educationworicpto^^" '̂̂ ^ welfare programs and the condijt of drug testing in the4.0 Coverage

This policy and guidelines shall apply to all officials and emplojees of the Departmentregardless of status or position and to include those who will Aply for positions in theDOJ in accordance with Civil Service rules and regulations.

All officials and employees of the following attached agencitadministrative supervision of the Secretary of Justice are likewi^and these guidelines:

Bureau ofCorrections (BuCor)Bureau of Immigration (BI)Board of Pardons and Paroie (BPP)National Bureau ofInvestigation (NBI)Parole and Probation Administration (PPA)Presidential Commission on Good Government (PCfG)Land Registration Authority (LRA)Office of the Government Corporate Counsel (OGCf)

juard the well-being ofIs dnjgs and the threats

which are under thecovered by this policy

5.0 Definition of Terms

5.1 Authorized Drug Test - The testing done bylaboratories or by any of the drug testing ialmonitored by the DOH to safeguard the quaiitiemploy, among others, two (2) testing methiconfirmatory tests. The examination of a per<^determine the presence of dangerous drugsgovernment forensic laboratories or by an\laboratories accredited and monitored by the DOJ

Center - Any of the treatment and rehabilitationtreatment, aftercare and follow-up treatmentincludes institutions, agencies and the likedevelopment of skills, arts and technical know-inculcating civic, social and moral values to drugthe aim of weaning them away from dangerous .drug-free, adapted to their families and peers icommunity as law abiding, useful and productive c

Confirmatory Drug Test - An analytical test uequipment with a different chemical or physicalspecific which will validate and confirm the resultrefers to the second or further analytical proce<determine the presence of dangerous drugs in qlikewise be done by any government laboratory or|operated drug testing laboratories accredited andihaving confirmatory test capabilities. '

Dangerous Drugs - Include those listed in the att;integral part of RA 9165, as amended from time tc

Dwg Test Certificate -Adedaration/statement of the result of the druqtert issued by accredited drug testing centers. It liali be valid for aone-year period from the date of Issue and which lay be used for otherpurposes, as referred to in Section 36, Article III ofR.A. 9165.

5.2

5.3

5.4

5.5

5.6 "For Cause" or" Probable Cause" Drug Test - Druithere is a "probable cause" or "reasonable grotperson is using or is under the influence of dangen

yy government forensicJratories accredited andof test results. It shallIs, the screening and

tn's urine specimen to;hall be done by anyof the drug testing

Renters which undertakedrug dependents. It

)se purposes are: the

low, counseling and/oripendent patients, with

jrugs and keeping them^d readjusted into the(tizens.

Sing a device, tool orjprinciple that is moreif the screening test. Itre to more accuratelyspecimen, which shallly privately owned and

monitored by the DOH

phed annex which is antime.

testing required whenid" to believe that ais drugs.

5.7 Mandatory Drug Test - Compulsory submission oJan employee for druqr^ulatloL'" '̂'"' Departirlnt's internal rules and

'V'-' • •

i •

5.8

5.9

5.10

5.11

Random Drug Test - Subjection of personnel forfoiiowing no speciHc pattern and without prior no|

Rehabilitation - Adynamic process includingtreatment directed towards the physicalvocational, social and spiritual change of a drthim/her to iive without dangerous drugs, enjoy twith his/her capabilities and potentials and rendera law abiding and productive member of the comr

Screening Drug Test -Arapid drug test perforror presumptive positive result. It refers to thieliminate a "negative" specimen, i.e., one wldangerous drugs, from further consideration!presumptively positive specimen that requires conj

Treatment —Medical service rendered to amanagement of physical and mental conditions aiuse. 5

5.12 Workplace - a place where work is usually perforr

irug tesdng as selected:e/information.

aftercare and follow-upimotional/psychologicaf,3 dependent to enable|e fullest life compatiblelim/her able to become

funity.

to establish potentialimmunoassay test to

lout the presence ofand to identify the

rmatory test.

pent for the effective;ing from his/her drug

6.0 Responsibilities of the Office/Agency under tlie Plicy

abuslawareness program to6.1.1 Its policy of maintaining adrug-free workpl;6.1.2 The dangers posed by the abuse of dangercfsdrugs; and

vlo«e'eor' ^^^strative sanctions !n

encourage their respecJe employees to lead ahealthy lifestyle while at work and at home, such asf

6.2.1 Ufestyle assessment programs on heall, nutrition, weightmanagement, stress management, alcohol al|se, smoking cessationand other indicators of risk diseases; j

6.2.2 Health weliness screenings (e.g., blood prAure and heart ratecholesterol test, blood glucose, etc.); | '

6.2.3 Sports, recreational and fun-game activities; id6.2.4 Other activities promoting health and weilnesJ

ieOi

t

6.3 Distribute a copy ofthe Policy and Guidelines to each

6.4. Create a Drug-Free Workplace Committee orAssessm*

6.5, Display a Billboard at a strategic place in the office wil"THIS ISADRUG FREE WORKPLACE, LETS KEEP.

7.0 Responsibilities of the Employees andOffice/Agency

7.1

7.2

7.3

7.4

Any government employee must never posse;drugs and other substances of abuse.

Any government employee must not directlyprovide or administer any dangerous drugs an<abuse to his/her co-employees or others and/or,thecommission ofany unlawful acts penalized un(

The officials and employees must faithfully abit.Policy and the Guidelines as a condition for contini

The employees must voluntarily seek treatmenthave problems related to dangerous drugs.

7.5 To advocate againstdrug abuse.

7.6 To help maintain a drug free workplace.

8.0 Composition, Dutiesand Resposibllities of the Coi

8.1 The Drug-Free Workplace Committee or Assessrcomposed of the following:

8.1.1 Head of Office or Representative8.1.2 Representative ofthe Employees' Union/A^.8.1.3 Head ofthe Personnel Department or Repre8.1.4 Head ofthe Medical Department or Represf

8.2 The Committee shall undertake the following dutii

8.2.1 To oversee the formulation and implementpolicy in the agency;

8.2.2 Initiate training programs for supervisors;

iployee;

tt Committee; and

the message:•iATWAY/'

Officials of the

and/or use dangerous

}r indirectly sell, give,^or other substance of

commit or abet/aid injrRA9165.

by the terms of thisid employment.

id rehabilitation if they

littee

Int Committee shaN be

Iciation|entativeItative

[and responsibilities:

Eion of the drug abuse

.}

8.2.3 Initiate continuing education and awarfcess program for theemployees; and f

8.2.4 Initiate and adopt value formation, famiijenhancement and suchother related and relevant programs.

GUIDELINES ON DRUG TESTING PROi

9.0 Authorized Drug Test Procedures

The authorized drug test is the testing done by any governmehby any of the drug testing laboratories accredited and monitor^Health (DOH) to safeguard the quality of test results. It shalitwo (2) testing methods: the screening test which will deterniwell as the type of drug used and the confirmatory test whiiscreening test.

10.0 Mandatory Drug Test

forensic laboratories orby the Department of

(employ, among others,[ne the positive result as

will confirm a positive

Mandatory drug test is the compulsory submission of an offictl or employee for drugtesting under ttie law which is conducted in any of the foUowinl instances, to wit:

104 Pre-employment10.2 Persons in high-risk/decision-making positions

ttie following:

Secretary ofJusticeUndersecretariesAssistant SecretariesProsecutor General

Senior Deputy State ProsecutorRegional/Provinciai/Oty Prosecutors and tfrBr DeputiesChiefState CounselAssistant ChiefState CounseiHeads ofDOJAttachedAgencies/OfficesHeads ofDepartments/Services (Technica/^mdministrative,

Financial, ^5, IAS)10.3 Past history of drug use10.4 Involvement In accidents

Discovery of dangerous drugs/drug paraphernJa in their persons orworkstations

Detention by police/filing ofcharge in court for dn®-related cases

10.5

10.6

10,7 Asa requirement for promotion

.Include among others,

f,.

10.8 Empfoyees reporting to work after undergttreatment and rehabilitation center

ti.O Random Drug Test

Random drug test is the subjection of personnel for drug testinj

11.1 Without prior notice or information of the date anj

11.2 On selected employees chosen by the Commitemployees have undergone the test; and

^g rehabilitation In a

venue of the drug test;

until all officials and

11.3 Under random selection process or procedure witlno specific pattern.

11.4 Regardless of whether the personnel had justtest, the same shall also be conducted "for ca(when there is reasonable ground to believe thajnecessary, e.g.:

11.4.1 Attendance - frequent unauthorizttardiness, truancy from the job

11.4.2 Personal Appearance - slurred speech^change in appearance, etc.

11.4.3 Mental Factor - hot-headedness, irritalin handling assignments, etc.

11.4.4 Genera! Performance - missed deacincreased wastage, public complainicarelessness, etc.

11.4.5 Peer Relations - isolation, frequent q(heavy borrowing, frequent mood swings

idergone random drug!e" or "probable cause"a random drug test is

absences, repeated

Ibloodshot eyes, drastic

lity, increased difficulty

Ines, low productivity,s, frequent accidents,

irrels with officemates,etc.

12.0 Procedure in the Conduct of the Random Drug TeJ in the Workplace

12.1 The Committee will notify the randomly selectedundergo a urine test to the venue specified by thi(Annex A: Notice ofDrug Testing)

12.2 The selected officials/employees must Immedtaltest. Thus, the date of the drug testing in the N(date the Notice was tendered to the officials or er

12.3 If the concerned official or employee refuses toithe Notice, the notice server shall leave a copyofficial or employee and execute an affidavit attei

ifficials or employees toCommittee.

ly report for the drugIce should be the same

)loyees.

icknowledge receipt ofthe Notice to the said

ting to the fact that the

t

12.4

Notice was served but the official or employee rtreceipt. (Annex B: Amdavit ofService)

The drug test shall be conducted by any gjlaboratory or by any drug-testing laboratory acathe Department of Health (DOH).

Jd to acknowledge its

/ernment drug testingiited and monitored by

12.5 The selected ofTicials/employees shallchain of custody form issued to them.

i-up an# sign the consent and

12.6 The urine specimen bottles must be properly,name, ID number, employment number, positjwhen the urine sample was taken.

12.7 The urine sampling must be done in an areaadding water) is not possible.

12.8 The urine specimen/sample which tested positivtmust be properly labeled and must be kept se{that tested negative for dangerous drugs.

12.9 All urine samples which tested positive mlconfirmatory testing to a laboratory of choice ctJie confirmator/ capability using the same urine

12.10 After the confirmatory test, the same urine samjpurpose of challenging the result.

12.11 After the test is conducted, a drug test result sha|testing laboratory directly to the Committee an(tested.

12.12 The result of the drug test must be signed by thejthe laboratory, the employee/official concerned ant

12.13 No further action is needed when the result is mCertificate Is good for one (1) year and could be ui

labeled to contain them, date and the time

lere manipulation (e.g.

after the screening testitely from the samples

be submitted forthe Committee havingimple.

must be kept for the

be issued by the drugnot to the person so

luthorized signatory ofa witness.

jative. The Drug Testid for other purposes.

13.0 Procedure in Handling a Positive Result After Confl^atory Test

13.1 If a urine sample has tested positive for daiconfirmatory test, such result shall immediatelyCommittee Chairman or to the Secretary.

lerous drugs after amade known to the

13.2 Upon receipt of the result, the same shallempfoyee/orndai concerned.

13.3 The Department shall then take theappropriatethe Drug-Free Workplace Policy.

13.4 All records must strictly be held conHdentiaJ asjpertinent provisions of RA 9165.

14.0 Monitoring

The Department through the Committee shall submit to the d|yearly compliance report on the drug testing activities condinclude the number of personnel who have already undergonlthe names of drug testing laboratories that conducted the test.

15.0 Confidentiality of records

15.1 All results of the drug test conducted by drugremain strictly confidential.

15.2 Government officials, employees and/or anyconfidentiality of any drug test result shall be chiSection 72 of RA 9165.

16.0 Funding/Cost Requirements

The initial cost of the drug testing shall be funded in the torrent budget of theDepartment, or the concerned attached agencies. The succeedfg funding requirementshall be included in the annual budgetary appropriation.

17.0 Administrative Interventions

17.1 Any official or employee found positive for use ofdangerous drugs shallbe subjected to disciplinary/administrative proceings with a penalty ofdismissal from the service at first offense pursuani to Sec. 46 (b) (19) ofBook Vof E.O 292 and Section 22 (c) of its Omnibi Rules.

17.2 Non-submission of any official or employee for thefcnnual authorized drugtesting may be dealt with administratively and lhall be a ground formisconduct in office. I

17.3 Within three (3) days from the supposed condiit of the subject drugtesting, the Commiittee shall require the official orlmployee to explain his

made known to the

tion in accordance with

>rovided for under the

igerous Drugs Board aicted. The report shai!testing, the dates and

ting laboratories shall

rson who breach thejed in accordance with

17.4

refusal to submit himself/herself to the authorizfc drug testing within anon-^endibie period of three (3) days. Failure olthe official or employeeto submit hfs/her justification, shall likewise be afound for administrativesanrtton. Thereafter, the Committee shall submit1 report to the Secretaryof this Department. ^

Any member of the Committee or official or empiwho shall prematurely disclose the date, v«center/laboratory and the name of the employeeto random drug testing shall be dealt with in asrules and regulation, R.A 9155 and RA 5713,"Code of Conduct and Ethical Standards fcEmployees".

18.0 Affirmation and Commitment to the Guidelines

AH officials and employees of the Department and attached fcencies shall read thisDrug-Free Worlcplace Policy" and these "Guidelines on Drug jilng Program" and sign

the Confirmation/Affirmation and Commitment to the Policy/Gui#lines. (Annex C)

19.0 Effectivity

This Policy and these Guidelines shall take effect immediatelyuntil further orders.

VITALIANi

Secf

fi. AGUII'tary

OeparensrCN ; 0201<

jyee of the Departmentlue, the drug testing[official to be subjected:ordance with the CSClerwise known as thePublic Officials and

shall remain in force

IE II

3f Justice3054

10

-.:r .r.5.

^ • -J'cV.v '̂'

Name *

Position/Ofn^ :

NOTICE OF RANDOM DRUG-TgfiTTi

ANNEX A

Pureuant to Department Circular No. [#] dated [#],you|re hereby instructed to

Laboratory :• ZZHZZZZZZI ~

Time :

Chairman, Drug-Free Workpla j Committee

Received by:

(Signature over printed name) (Date)

n

'""^1' 1

Republic of the Philippines)City of )S.S.

Philippines, after having been duly sworn in accordance with Sw, hereby depose andsay:

That I was tasked to serve the Notice of Random Drug Testifc conducted under theauspices of the Drug-Free Workplace Committee of the DepartAnt;

That in my aforementioned capacity, I personally served a coi of the said Notice on[#] to [#] who was scheduled to undergo drug testing on §e day, time and placeindicated in the Notice. Acopy of the said Notice is heretoattacf

That the said official or employee, while present and withli the premises of hisdesignated workstation, refused to acknowledge receipt of thf Notice. Nonetheless, Ileft a copy of the Notice to the said official or employee.

AFFIDAVIT OF SERVICE

^ oflegal age, an employee of the Deparfrient ofJustice, Manila,

IN WITNESS WHEREOF, I have hereunto set my handPhilippines.

ANNEX B

at

Affmnt

SUBSCRIBED AND SWORN to before me, this In the City ofaffiant exhibiting before me his DOJ-issued identii^ation card, issued at

_with an expiry date of

12

ANNEX C

Confirmation/AfRrmation and Commitment to the D03 4>rug-Free WorkplacePoHqf" and "^Guidelines on Drug Testing Pfogram"

As an offidal/empioyee of the Department of Justice, I hereby!received and read the "Drug-Free Workplace Policy"andTestingProgram" dated and affirm and confiiunconditionally abide to all that is provided therein and I sh;Department for whatever violation that I may commit

rertify that I personally'Guidelines on Drug

my commitment tobe answerable to the

Name of

Official/EmployeeSignature of

Official/EmployeeDate

ReceivedAttested by the1 Employee

Pyrsonaily Serving1 thefclicy/Guidelinesi with his/her1 Siqnature

111I

1

111

111

13