Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

38640

HOUSE BILL NO.

Introduced by Representative Michelle M. Antonio

EXPLANATORY NOTE

It is a declared policy of the state to recognize the vital role of the youth
in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being, (Article II, Section 13 of the 1987
Constitution)

Educational institutions, on the other hand, are charged with ensuring a
safe, helpful and healthy environment where students can learn and reach their
full potential.

With the prevalence of drug use and dependence in the country which has
debilitating implications for the future especially on the youth sector, there
should be a combination of prevention, intervention and treatment programs
with the common goal of effectively countering the proliferation of drug use by
students,

The problem of drug use and dependence among young people is a health
issue and at the same time, a public matter that affects peace and order in the
society. It is laudable that the government is trying to address the problem very
strongly with the implementation of anti-drug campaign of the administration

Relatively, this bill envisions to institute mandatory annual drug testing to
students of secondary, tertiary, vocational, and technical schools.

Section 36(c), Article II] of the Comprehensive Drug Act of 2009
(Republic Act 9165) already provides that the students of secondary and
tertiary schools shall undergo random drug testing, and that all drug testing
expenses, whether in public or private schools, will be borne by the
government.


However, in the past years, only a few random drug testing have been
conducted. Due to limited funds, only a sample of the entire student population
was taken, resulting in the lack of sufficient data to serve as basis for an
effective intervention

Recognizing the cause of the failure of the random drug testing to
effectively detect and prevent drug use in our schools, this bill is proposed to
provide much-needed funds for a sustainable implementation of drug testing to
all students in all schools in our country.

It must be emphasized that the primary purpose of drug testing is not to
punish students but to prevent drug abuse and dependence at an early age. As a
deterrent, it shall give students a reason to avoid and resist peer pressure to take
drugs. Teens test positive for drugs, on the other hand, shall be subjected for
early intervention and can be referred for treatment.

Noteworthy, the bill recognizes the dignity of the students in that the
result of the test shall be considered as strictly confidential and whoever violates
the rules of confidentiality shall be subjected to sanctions under appropriate
laws.

In view of the foregoing and in line with the president’s vow to rid the
country of illegal drugs, approval of this bill is highly recommended.

Se
CHAELINA M. ANTONIO

AGBIAG Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO.__ 8640

Introduced by Representative Michelle M. Antonio

AN ACT
MANDATING ANNUAL DRUG TESTING TO ALL STUDENTS OF SECONDARY,
TERTIARY, VOCATIONAL, AND TECHNICAL SCHOOLS, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Mandatory Drug Testing. - All students of secondary,
tertiary, vocational, and technical schools, whether public or private, shall
undergo annual drug testing: Provided, That all drug testing expenses will be

borne by the government.

SEC. 2. Purpose. —- The primary purpose of the annual drug testing
program is to consider drug use and dependence as a health issue, and to
institute appropriate interventions to stop or prevent further the use of illegal
drugs. A positive drug test result shall not be a ground to suspend or dismiss a
student from the school but shall be considered as an initial step of the

rehabilitation process.


SEC. 3. Confidentiality of the Result. — The results of the test shall be
strictly confidential, and no school or agency shall publish or post results

whether positive or negative.

Any person who violates the rules of confidentiality of the results shall

be liable under RA 9165 and such other applicable laws.

SEC. 4, Procedures in the Conduct of the Annual Drug Testing. - The
Department of Education and the Commission on Higher Education, in
collaboration with the Department of Health and the Dangerous Drugs Board,
shall within sixty (60) days from the effectivity of this Act promulgate rules and

regulations necessary for the effective implementation of this Act.

SEC. 5. Tax exemption. — Any donation, contribution, bequest, and grant
which may be made to implement the annual drug testing program for
students shall constitute as allowable deduction from the income of the donor
for income tax purposes and shall be exempt from donor’s tax, in accordance

with the provisions of the National Internal Revenue Code, as amended.

SEC. 6. Appropriation. - The amount of Two Hundred Million Pesos (Php
200,000,000.00) is hereby authorized to be appropriated out of the funds in

the National Treasury not otherwise appropriated or out of the Philippine


Amusement and Gaming Corporation (Pagcor) funds. Thereafter, the same

shall be included in the annual General Appropriations Act.

SEC. 7. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in
force and in effect,

SEC, 8. Repealing Clause. ~ All other laws, decrees, orders, issuances,
rules, and regulations which are inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly,

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,