Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session
777
HOUSE BILL NO.

Introduced by Honorable Samuel D. Pagdilao

EXPLANATORY NOTE

This bill seeks to mandate that all convicts, parolees, probationers and
apprehended individuals who are under the influence of dangerous drugs shall
undergo drug testing.

Among the many problems that threaten our society is drug addiction, It
is considered one of the evils of today’s society that involves not only the peace
and order of our country but also erodes the physical and moral well-beings of
our people. Despite efforts of various law enforcement agencies to carry out
the law, the drug problem seems to escalate. It is common knowledge that
many criminals commit offenses while under the influence of drugs or to get
money to buy drugs.

The government does everything to safeguard its citizenry against drug
abuse. But there is a need for a rigid approach to cut down the tie-up between
drugs and crimes. The task of preventing drug abuse remains a challenge
particularly if we read reports of drug use among prisoners or convicts who
were previously released on probation or parole.

While it is true that inmates inside the correctional institutions have
restricted movement, it is possible that drugs are smuggled in through visitors,
friends and families of inmates or by corrupt officials. It is therefore important
that inmates are monitored through regular random drug testing. It must start
from the time of incarceration and in some instances, even after their release
and integration to the community.

Parolees and probationers who report regularly to parole or probation
officer are likewise required to undergo drug testing to ensure that they are free
from the use of drugs.

Bill Drafting Service


Lastly, this bill likewise authorizes enforcement officers to require
apprehended individuals who appear to be under the influence of dangerous
drugs or similar substances to undergo drug testing.

In view of the foregoing, approval of this bill is highly recommended.

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Republic of the Philippines
Housr OF REPRESENTATIVES

Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILLNO,__ 27°77

Introduced by Honorable Samuel D. Pagdilao

AN ACT
MANDATING DRUG TESTING TO ALL CONVICTS, PAROLEES,
PROBATIONERS AND APPREHENDED INDIVIDUALS WHO ARE
UNDER THE INFLUENCE OF DANGEROUS DRUGS, 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. — Section 36 of Republic Act No. 9165 is hereby amended
to read as follows:
“SEC. 36. Authorized Drug Testing. - Authorized drug
testing shall be done by a 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 will determine the positive result

as well as the type of the drug used and the confirmatory test

Bill Drafting Service


which will confirm a positive screening test. EXCEPT FOR
PARAGRAPH (H), [D]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 drug testing:

a) x x x
b) x x nS
c) x x x;
d) x x x
e)x x x;
f) x x x; [and]
g) x x x[Js
H) ALL PRISONERS, PAROLEES AND

PROBATIONERS, SHALL UNDERGO RANDOM DRUG
TESTING EVERY SIX MONTHS TO ENSURE THAT THEY
ARE FREE FROM THE USE OF DANGEROUS DRUGS; AND
19) AN APPREHENDED INDIVIDUAL WHO AT THE
TIME OF THE ARREST OR COMMISSION OF A CRIME, THE
LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE
TO BELIEVE THAT THE INDIVIDUAL IS UNDER THE
INFLUENCE OF DANGEROUS DRUGS OR OTHER SIMILAR
SUBSTANCES, SHALL UNDERGO MANDATORY DRUG

TESTING.


In addition to the above stated penalties in this Section,
those found to be positive for dangerous drugs use shall be subject
to the provisions of Section 15 of this Act.”
SEC. 2. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,