Mr 09-0554 Drug Test

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REPUBLICOFTHE: P3fLtPPMEs

COMMISSIONON ELECTlONS't~Tff.'MllROYdAPrLA

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EXCERPT FROM THE MINUTES OF THE REGULAR E& Y F E E ~EETING OF THE COMMISSION ON ELECT10 .

HELD ON SEPTEMBER 08,2009 gy:--------.---3

Present:

Chairman Jose A. R. MeloCommissioner Rene V. SarmientoCommissioner Nicodemo T. FerrerCommissioner Lucenito N. TagleCommissioner Armando C. VelascoCommissioner Elias R. Yusoph

X X X X X X

MATTER OF THE SUPREME COURT DECISION RE

RULES AND REGULATIONS .ON THE MANDATORY DRUG TEST OF

CANDIDATES FOR PUBLIC OFFICE, BOTH NATIONAL AND LOCAL

POSITIONS IN CONNECTION WITH THE MAY 10, 2004 NATIONAL'

AND LOC'AL ELECTIONS

This pertains to the Memorandum dated August 26, 2009 of Atty. Ma. ,

Josefina E. Dela Cruz, Clerk of the Commission al?d Acting Comelec

Secretary, forwarding the Supreme Court Decision in G.R. No. 157870,

158633 and 161658 dated November 3, 2008 re Comelec Resolution No.

6486 on The Rules and Regulations on ,the Mandatory Drug Test of

Candidates for Public Office, both National and Local, under Sec. 36 (g) of

R.A. No. 9165 in connection with the May 10, 2004 Synchronized National

and Local Elections and Republic Act No. 9165 and Comelec Resolution

No. 6486.

The Memoranduni of Atty. Dela Cruz reads:

"Respectfully forwarding a copy of the Supreme Court Decisionin G.R. No. 157870, 158633 and 161658 dated November 3, 2008 (reComelec Resolution No. 6486 on The Rules and Regulations on the

Mandatory Drug Test of Candidates for Public Office:, both Nationaland Local, under Sec. 36 (g) of R.A. No. 9165 in connection with the

May 10, 2004 Synchronized National and Local Elections and Republic

Act No. 91 65 and Comelec Resolution No. 6486.

The dispositive portion of subject Supreme Court Decision in

G.R. No. 157870, 158633 & 161658; and Sections 36(c), (d), (0, (g) of

R. A. No. 9165; and Comelec Res. No. 6486 read:

,I) Supreme Court Decision in G.R. No. 757870, 158633 &

161658:

'WHEREFORE, the Court resolves to GRANT thepetition in G. R. No. 161658 and declares Sec. 36(g) of RA9165 and COMELEC Resolution No. 6486 as

UNCONSTITUTIONAL; and to PARTIALLY GRANT thepetition in G.R. Nos. 157870 and 158633 by declaring Sec.

JY9

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Page 2 of M. R. No. 09-0554

36(c) and (d) of RA 9165 CONSTITUTIONAL, but declaring its

Sec. 36(9 UNCONSTITUTIONAL. All concerned agencies are,accordingly, permanently enjoined from implementing Sec. 36(0

and (g) of RA 9165. No costs.'

2) Sections 36(c), (d), (0,g) of R. A. No. 9165:

'Sec. 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 insetting the price of the drug test with DOH accredited drug testing

centers to further reduce the cost of drug test. The dr~rg esting shall

employ, among others, two (2) testing methods, the screening test

which will determine the positive result as well as the type of the drugused and the confirmatory test which will confirm a positive screeningtest. Drug test certificates issued by accredited drug testing centersshall be valid for one-year period from the date of issue which may be

used for other purposes. The following shall be subjected to undergodrug testing.

X X X X X X X X X

(c) Students of Secondary and tertiary schools. - Stirdents

of secondary and tertiary schools shall, p,ursuant to the related rules

and regulations as contained in the school's student handbook andwith notice to the parents, undergo a random drug testing: Provided,That all drug testing expenses whether in public or private schoolsunder this Section will be. borne by the government;

(d) Officers and employees of public and private offices. -

Officers and employees of public and private offices, whether domestic

or overseas, shall be subjected to undergo a random drug test as

contained in the company's work rules and regcrlations, which shall be

borne by the employer, for purposes of reducing the risk in the

workplace. Any officer or employee found positive for use of dangerous

drug shall be dealt with administratively which shall be a ground for.

suspension or termination, subject to the provisions of Article 282 ofthe Labor Code and pertinent provisions of the Civil Service Law;

X X X X X X X X X

(0 All persons charged before the prosecutor's office with a

criminal offense having an imposable penalty of imprisonment of not

less than six (6) years and one ( I ) day shall have to undergo a

mandatory drug test; and

\ (g) All candidates for public office whether appointed or electedboth in the national or local government shall undergo a mandatory

drug test.

In addition to the above stated penalties in this Section, thosefound to be positive for dangerous drug use shall be subject to the

provisions of Section 15 of this Act.

X X X X X X

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Page 3 of M. R. No. 09-0554 . .

3) Cornelec Resolut ion No. 6486:

'WHEREAS, Section 36(g) of Republic Act No. 9165 provides:;r L .> .., .

. d 7 .

.-.... >

'Sec 36. ~ot ho ri ze d *g-~&s!rGb:i~uthorired 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 safeguardthe quality of test results. ;The DOH shall take steps in setting the price

of the drug test with DOH accredited drug testing centers to furtherreduce the cost of drug test. The drug testing shall employ, amongothers, two (2) testing methods, the screening test which will determinethe positive resillt as well as the type of the drug used and theconfirmatory test which will confirm a positive screening test. Drug test

certificates issued by accredited drug testing centers shall be valid for

one-year period from the date of issue which may be used for other

purposes. The following shall be subjected to undergo drug testing.

X X X X X X X x x(g) 'All candidates for public office whether appointed or elected

both in the national or local government shall undergo a mandatorydrug 'test.

WHEREAS, Section I , Article XI of the 1987 Constitutionprovides 'that pc~blic officers and employees must at all times be

Bccountable to the people, serve them with utmost responsibility,integrity, loyalty, and efficiency;

WHEREAS, by requiring candidates to undergo mandatory drugtest, the public will know the quality of candidates they are electing andthey will be assured that only those who can serve with utmostresponsibility, integrity, loyalty and efficiency wo~ l ld e elected to hold

public office.'

NOW THEREFORE, the Commission on Elections, pclrsuant Cothe authority vested in it under the Constitution, Batas Pambansa Blg.

881 (Omnibus Election Code), Republic Act No. 9165 and other

election laws, RESOLVED to promulgate, as it hereby promulgates,

the following rules and regulations on the conduct of mandatory drug

testing to candidates for public office.

SECTION 1. Coverage. - All candidates for public office, both

national and local, in the May 10, 2004 Synchronized National andLocal Elections shall undergo mandatory drug test in governmentforensic laboratories or any drug testing laboratories monitored andaccredited by the Department of Health.

Sec. 2. Where to File. - The drug test certificate shall be

submitted with the following offices of the Commission:

(a) candidates for national positions - with the Law

Department;

(b) nominees of party/sectora/ organization participating inthe party list system - with the Law

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Page 4 of M. R. No. 09-0554

(c) candidates for Member of the House [otj' Representativesin the National Capital Region - with the RegionalElection Director;

(d) candidates for provincial positions-

with the office of theProvincial Election Supervisor concerned; and

(e) candidates for m~ ~n ic ip alositions - with the office of the

Election Officer concerned.

Sec. 3. When to file. - The drug test certificate shall be filed as

follows:*

(a) candidates for national positions - not later thanFebruary 8, 2004; and

(b) candidates for local positions, including nominees of

party/sectoral organization participating in the party listsystem - not later than March 24, 2004.

On March 25, 2004, in addition to the drug certificates filed with

their respective offices, the Comelec Offices and employees

concerned shall submit to the Law Department two (2) separate lists of

candidates. The first list shall consist of those candidates whocomplied with the mandatory drug test while the second list shallconsist of those candidates who failed to comply with said drug test.

SEC. 4. - Preparation and publication of names of

candidates. - Before the start of the campaign period, the

Commission shall prepare two separate lists of candidates. The first list

shall consist of those candidates who complied with the mandatory

drug test while the second list shall consist of those candidates whofailed to comply with said drug test. ThereatYer, said lists shall bepublished in two (2) newspapers of general circulation.

SEC. 5. - Effect of failure to i~ndergomandatory drug test

and file drug. test certificate. - No person elected to any public officeshall enter upon the duties of his office until he has undergone

mandatory drug test and filed with the offices enumerated under

Section 2 hereof the drug test certificate herein required.

SEC. 6. - Effectivity. - This resolution shall take effect on theseventh day after its publication in two (2) newspapers of generalcirculation.

SEC. 7. - Dissemination. - The Education and Information

Department shall cause the publication of this resolution in two (2)newspapers of general circulation, and furnish copies thereof to all fieldoffices of the Commission, registered political parties, sectoral groups,

organizations, and/or coalitions thereof participating in the party-listsystem.

For your information. Thank you."

The Commission RESOLVED, as it hereby RESOLVES, to note

the foregoing matter. ~

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Page 5 o f M. R. No. 09-0554

Let the Offices of the Executive Director and Deputy Executive

Director for Operations, Law Department and EID take note of thisresolution.

X X X X X X X X X

This is to certify that the foregoing is a true and correct excerpt from

the minutes of the Regular en banc Meeting of the Commission on

Elections held on September 8, 2009.

and Acting Comelec Secretary

&

Cc: ChairmanAll Commissioners

Executive DirectorDeputy Executive Director for Operations

Law DepartmentEducation and Information Department

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Mr 09-0554 Drug Test