Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSEBILL No._ 5890

Introduced by REPRESENTATIVE GLORIA MACAPAGAL-ARROYO

EXPLANATORY NOTE

Article 3 of the Comprehensive Dangerous Drugs Act of 2002 requires drug testing for specific
individuals. Among those required to undergo drug testing are applicants for driver's license,
applicants for firearm’s license, employees of private and public offices, students, etc. This list,
however, does not include our country’s athletes.

A big part of an athlete's career is dedicated on intense physical training and strenuous exercises
to stay in shape, which is key to a successful career in sports. Athletes face constant pressure to
improve their skills and abilities to remain at a competitive level and increase their chances of
winning.

The competitive drive to win can be fierce. Some take it very seriously that they result to taking
performance-enhancing drugs. Performance-enhancing drugs (PEDs) are substances that boost
the body's physical capabilities and therefore improve one’s performance. But taking PEDs have
ils consequences. According to experts, the use of PEDs may cause hypertension, heart problems,
and psychiatric disorders among, several other serious illnesses.

Fitness and health are among the primary concerns of athletes, Since the use of PEDs have
negative side effects on the body, athletes should be prevented from using such substances. PEDs
do not only damage the body, they are also consiclered as cheats in the sports world.

In December 2012, when Congressman Manny Pacquiao faced Juan Manuel Marquez in the
boxing ring for the fourth time, many were shocked by the sixth round knockout loss of Rep.
Pacquiao versus his opponent. The manner of Rep. Pacquiao's defeat, along with several other
factors, raised speculations that his opponent did take PEDs before the fight, an accusation that
we would like to avoid for our athletes.

Therefore, this bill does not only seek to protect our athletes from the harmful effects of PEDs, it
will also show that our country does not tolerate the use of dangerous drugs to enhance the
performance of our athletes, Furthermore, it will compel our athletes to put in the necessary hard
work, discipline and determination to attain success without the use of PEDs.

For the protection and benefit of all our athletes, I earnestly seek the immediate passage of this
bill.

REP. GLORIA MACAPAGAL ARROYO.
2ND DISTRICT, PAMPANGA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5690

Introduced by REPRESENTATIVE GLORIA MACAPAGAL - ARROYO.

“AN ACT REQUIRING DRUG TESTS FOR PROFESSIONAL AND NON-
PROFESSIONAL ATHLETES, AMENDING FOR THE PURPOSE SECTION 36 OF REPUBLIC
ACT 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT.
OF 2002 AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:

SECTION 1. Section 36 of Republic Act 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, is hereby amended to read as follows:

Section 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 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 which will confirm a positive
screening test. 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) Applicants for driver's license, - No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a mandatory
drug test and indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence.
~ All applicants for firearm's license and permit to carry firearms outside of residence
shall undergo a mandatory drug test to ensure that they are free from the use of
dangerous drugs: Provided, That all persons who by the nature of their profession carry
firearms shall undergo drug testing:

(c) Students of secondary and tertiary schools. - Students of secondary and tertiary
schools shall, pursuant to the related rules and regulations as contained in the school's
student handbook and with notice to the parents, undergo a random drug testing:
Provided, That all drug testing expenses whether in public or private schools under 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, shalll be subjected to undergo a
random drug test as contained in the company's work rules and regulations, 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 drugs shall be dealt with
administratively which shall be a ground for suspension or termination, subject to the
provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service
Law;

() Officers and members of the military, police and other law enforcement agencies.
Officers and members of the military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;

(f) 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 (1) day shall
have to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or
local government shall undergo a mandatory drug test.

(h) PROFESSIONAL AND NON-PROFESSIONAL ATHLETES - ALL ATHLETES,
PROFESSIONAL AND NON PROFESSIONAL, IN ANY KIND OF SPORTS, SHALL
UNDERGO A MANDATORY DRUG TEST TWICE A YEAR. ANY ATHLETE FOUND
POSITIVE FOR USE OF DANGEROUS DRUGS SHALL BE SUSPENDED SUBJECT TO
FURTHER INVESTIGATION BY APPROPRIATE GOVERNMENT AGENCIES.

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.

SECTION 2. Repealing clause. - All laws, decrees, orders, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed,

SECTION 3. Effectivity. — This Act shall take effect fifteen (15) days after its publication
ina national newspaper of general circulation.

Approved,