REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
. Quezon City

SEVENTEENTH CONGRESS

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Reports of illegal drug trafficking and use among inmates of the New Bilibid Prison have
surfaced increasingly since 2014 when officials under the administration of President Benigno
Aquino II launched a series of raids under Oplan Galugad ("Operation Surprise Inspection”) at the
national penitentiary. In a much publicized December 2014 raid, the police discovered
methamphetamine and other drug paraphernalia, inflatable sex dolls, a stripper bar and jacuzzi
spread across 19 air-conditioned villas built for convicted drug dealers.

This highly scandalous event in the New Bilibid Prison presents the stark reality of the
persistent illegal drug trade inside our penal and correctional institutions. The lack of appropriate
safeguards to prevent such illicit undertaking has caused the flourishing of these reprehensible
activities in what are supposed to be institutions meant to discipline or rehabilitate felons.

Measures undertaken by the present administration to curb the illegal drug trade inside these
institutions have proven ineffective, with the Secretary of Justice admitting that there has been a
resurgence of the drug trade in the national penitentiary.

‘Thus, this proposed legislation envisions a penal and correctional system insulated from the
blight of illegal drugs by instituting a mandatory random drug test to all detainees/prisoners and
their custodians. Prisoners/detainees shall be subject to such tests and, if tested positive, shall
undergo treatment in a rehabilitation facility for illegal drugs. Prisoners who will test positive shall
also have their petitions for parole/pardon reconsidered by the Board of Pardons and Parole.
Likewise, government officials/employees who shall be proven positive of illegal drug use, their
rehabilitation notwithstanding, shall suffer administrative and criminal sanctions.

In view of the foregoing, immediate passage of this bill is earnestly sought.
.

. ALEJANO.

Representative
Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
Second Regular Session

ee ED)

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
MANDATING THE ADMINISTRATION OF REGULAR DRUG TESTS IN
CORRECTIONAL PENAL INSTITUTIONS

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

SECTION 1. Short Title—This Act shall be known as the Drug-Free Prisons Act.

SEC. 2. Declaration of Policy.—It is the policy of the State to safeguard the integrity of
correctional and penal institutions throughout the country thereby ensuring the successful
rehabilitation and reformation of inmates before their reintegration into mainstream society.
‘Towards this end, the State shall implement measures to prevent the entry of illegal drugs in
penitentiaries and the use of prohibited substances by those under State custody, as well as by the
public officials and employees who work therein.

SEC. 3. Coverage—This Act shall apply to:

a. all municipal city and provincial jails under the supervision of the Bureau of Jail
Management and Penology and the local government units;

b. all prison and reformation facilities under the supervision of the Bureau of
Corrections; and

c. the custodial centers of the Philippine National Police, the National Bureau of
Investigation, and the Armed Forces of the Philippines.

SEC. 4. Mandatory Drug Testing.—The following shall be covered by the mandatory drug
testing:

a. Alll persons in state custody, whether under detention for investigation and/or trial
for alleged commission of an offense or crime, or have already been sentenced with
imprisonment by final judgment, irrespective of the place of their detention or

imprisonment, shall undergo mandatory drug testing; and


b. Alll persons employed or detailed in prisons, jails, and other detention facilities,
whether in a permanent or temporary capacity.

‘The testing shall be conducted in accordance with the procedures set forth by the Dangerous
‘Drugs Board and at random and unannounced intervals, the frequency of which shall be determined
by the head of the detention/prison facility, but in no case shall be less than once per annum. The
result of the test conducted upon such person shall be revealed to him/her and reflected in his/her
prison record; Provided, that all drug test results and records must strictly be held confidential as
provided for under the pertinent provisions of Republic Act No. 9165.

Sec. 5. Effect of a Positive Result—A positive drug test shall immediately be made known
to the head of the detention/prison institution, who shall then notify the concemed person. Such
person shall have fifteen (15) days from receipt of notice to challenge the result of the test. A
challenge test shall then be conducted, using the same specimen, by a government drug testing
laboratory. Failure to file a challenge within the prescribed period shall make the positive drug test
final.

‘A detainee/prisoner who is found positive of drug use shall undergo a Drug Dependency
Examination conducted by the Department of Health (DOH) and thereafter be immediately
transferred to facilities designated for treatment and/or rehabilitation of detainees/prisoners who are
drug users. Repeated drug use even after ample opportunity for treatment and rehabilitation shall be
dealt with the corresponding penalties under R.A. No. 9165.

If the prisoner has a pending petition for executive clemency or parole, the head of the
prison institution shall inform the Board of Pardons and Parole of such positive drug test result. The
Board shall consider the positive drug test result in its evaluation of such petition.

A public officiaV/employee who is tested positive of drug use shall likewise undergo a Drug
Dependency Examination conducted by the DOH, and shall be advised on possible programs for
treatment and rehabilitation. However, this shall be without prejudice to administrative and criminal
liabilities for violation of R.A. No. 9165, and other civil service rules against drug use by public
officials and employees.

SEC. 6. Appropriations—The concemed detention/prison institution shall bear the
expenses for the conduct of the initial drug test. However, drug test conducted as a result of a
challenge to a positive to a drug test shall be on the account of the detainee/prisoner or public
officia/employee, as applicable.

SEC. 7. Reports.—The BuCor and the BJMP shall submit to the President of the Senate and
the Speaker of the House of Representatives an annual report on the implementation of this Act.

SEC. 8. Implementing Rules and Regulations.—Within six (6) months from the approval
of this Act, the Department of Justice, the Department of Interior and Local Government, the
Department of National Defense, the Department of Health, and the Commission on Human Rights
shall adopt and issue the rules and regulations for the effective implementation of this Act.


Cwrraueune

SEC. 9. Repealing Clause—A\l laws, executive orders, presidential decrees, presidential
proclamations, letters of implementation, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. Separability Clause.—If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.

SEC. 11. Effectivity.—This Act shall take effect fifteen (15) days after its publication in the
Official Gazette in at least two (2) newspapers of general circulation.

Approved,