THE Supreme Court (SC) has declared that mandatory drug testing is illegal, Malacañang press officer Claire Castro said yesterday as she advised Sen. Robin Padilla to study the law more before pushing for the approval of his bill calling for the conduct of such among all elected and appointed officials, including the president.
In a press briefing, Castro said Malacañang is neither in favor nor against Padilla’s proposal, even as she urged the senator to review his proposal and consider its legal basis to avoid wasting time and government resources.
“I am not saying that we are not in favor (of the proposal). (But) That is against the law,” Castro said.
“Senator Robin Padilla might just be wasting time and money, public funds. He should first study the law he wants to propose,” she added.
Castro cited the 2008 ruling of the SC in the Social Justice Society vs Dangerous Drugs Board case, where it said that a mandatory and universal drug testing for public officials is unconstitutional and infringes on the right to privacy.
Such testing, it said, can only be permitted if conducted randomly and under reasonable circumstances.
“This (mandatory drug testing) is not allowed and it is considered as unconstitutional and a violation of privacy if applied to everyone… What is only allowed is random drug testing,” Castro stressed.
Padilla on Monday filed Senate Bill No. 1200, or the proposed Drug-Free Government Act, proposing the conduct of an annual drug testing in the government through a hair follicle test screening and a urine drug test to confirm possible drug use.
Covered under the proposal are elected and appointed government officials, including the president, as well as government instrumentalities or government-owned and controlled corporations (GOCCs), whether domestic or overseas.
Any official found positive for the use of dangerous drugs shall be dealt with administratively, which may result in suspension or termination from office, subject to pertinent laws.
Padilla called for the institutionalization of voluntary random hair follicle drug testing of candidates for electoral posts within 90 days before election day.
The bill was filed at the heels of the resignation of Padilla’s political officer, Nadia Montenegro, who was named in news reports about the use of marijuana within the Senate premises. Montenegro has denied the accusation and has resigned from Padilla’s office.
NEGATIVE DRUG TEST
Sen. Raffy Tulfo and his 54 staff members and utility personnel all tested negative for illegal drugs use based on the drug testing they underwent on Tuesday afternoon.
The senator’s office said the drug testing was conducted by the Philippine Drug Enforcement Agency in his office. The four-panel test included use for shabu, marijuana, ecstacy, and cocaine.
“Out of the 55 urine specimen collected, there are no positive for methamphetamine hydrocholoride, cannabis, ecstacy, or cocaine,” said Richard Angelo Solis, a chemist from PDEA.
Tulfo, in an interview with the Senate media, said he will do a random drug testing in his office from time to time to ensure that they are all drug free.
Tulfo was the third senator to submit himself and his staff members to drug testing, after Sen. Juan Miguel Zubiri and Sen. Loren Legarda.
Senate President Francis Escudero earlier said the upper chamber will conduct mandatory random drug testing on all employees and staff members after they have finished crafting the guidelines. – With Raymond Africa
