Fifteenth Congress
First Regular Session

HOUSE BILLNO._2305

Introduced by Honorable Godofredo V. Arquiza

EXPLANATORY NOTE

This bill seeks to require all public and private secondary and
college schools to conduct a Drug Test on all students from the Secondary
to College levels every school year to safeguard and protect the physical

well-being of all students who are the future leaders of the nation.
Section 13 Article II of the 1987 Constitution provides:

“The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being. xxx”

Furthermore, Section 15, Article II of the 1987 Constitution states:

“The State shall protect and promote the right to health
of the people and instil health consciousness among them.”

The bulk of our population is made up of the youth. Our youth
are the nation’s most valuable resource and asset. On their shoulders
rest the success of all efforts to build our nation into a strong
republic. They are our hope and future as they constitute a rich
reservoir of manpower.

Recognizing their vital role in shaping the country’s destiny the
Constitution lends its support to the promotion of their welfare. It is
made the constitutional duty of the State to promote and protect the
well-being of the youth to enable them to develop their physical,
moral, spiritual and social well-being and thus transform them into
healthy, upright, intelligent and useful citizens and potential
community leaders.


2

In these modern times, the State takes cognizance of the continuing
rise of students who take prohibited drugs. The harmful effects of being
dependent on prohibited drugs destroys the mind and the body of a person
until he becomes a “useless” member of the family and the community.

Despite the efforts of various law enforcement agencies mandated to
implement the Dangerous Drugs Act, the drug problem alarmingly
escalated. The high profitability of the illegal drug trade could start within
the school campus. It is about time that the State take positive steps to
reduce the “users” of prohibited drugs within the school campus and thus
prevent the proliferation of prohibited drugs. By determining those
affected by the drug problem, the concerned student could be immediately
treated and rehabilitated.

In fact, the Land Transportation Office has also taken positive
measures to eradicate the drug problem by requiring Filipino drivers to
undergo a drug testing examination before they qualify for a Driver's
license.

In view of the foregoing considerations, approval of this bill is
earnestly sought.

GODQFREDO V. ARQUIZA


Fifteenth Congress
First Regular Session

HOUSE BILLNo._2305

Introduced by Honorable Godofredo V. Arquiza

AN ACT
REQUIRING ALL PUBLIC AND PRIVATE SCHOOLS,
COLLEGES AND UNIVERSITIES TO REQUIRE ALL STUDENTS
IN THE SECONDARY AND COLLEGE LEVELS
TO UNDERGO DRUG TESTING EXAMINATION

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

Section 1. Short Title. - This Act shall be known as the “An Act
requiring All Public and Private Schools, Colleges and Universities to
Require all Students in the Secondary and College Levels to Undergo
Drug Testing Examination .”

Section 2. Declaration of Policy. - Section 13, Article II of the 1987
Constitution states:

“The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being. xxx”

Furthermore, Section 15, Article II of the 1987 Constitution states:

“The State shall protect and promote the right to health
of the people and instil health consciousness among them.”

Consonant with these constitutional principle, the
following are the declared policies of this Act:

(a) To take cognizance that the youth is the nation’s most
valuable resource and asset of the nation, and on their
shoulders rest the success of all efforts to build our nation into
a strong republic;


(b) To protect the youth from the proliferation of prohibited
drugs and to help rehabilitate the affected drug users; and

(c) To recognize the vital role of all Public and Private
Secondary Schools, Colleges and Universities and actively seek
their partnership so they can give their full support to achieve
this purpose;

In accordance with these policies, this Act aims to:

(1) adopt measures whereby all Public and Private Schools,
Colleges and Universities in the Secondary and College levels
shall require all students to undergo Drug Testing examination
sand

(2) establish a policy or program towards the achievement of
this objective.

Section 3. Definition of Terms. - For purposes of this Act, these
terms are defined as follows:

(a) “Department of Education” - also known as the “DEP-ED”
shall mean a government educational institution under the
Office of the President which is committed to a culture of
excellence in public education service.

(b) Commission on Higher Education” - also known as “CHED”
shall mean the governing body covering both public and
private higher education institutions as well as degree-granting
programs in all tertiary educational institutions in the
Philippines. The CHED was established in May 18, 1994
through Republic Act 7722 or the Higher Education Act of
1994,

(c) Philippine Drug Enforcement Agency - also known as
“PDEA” shall mean the agency under the Office of the President
that undertakes the enforcement and implementation of the
national drug control formulated by the Dangerous Drugs
Board;

(d) “Drug Dependence” - shall mean as based on the World
Health Organization definition, it is a cluster of physiological,
behavioural and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority


thereby involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in
controlling substance-taking behaviour in terms of its onset,
termination, or levels of use.

(c) “Drug Test” - shall mean a rapid test performed to establish
potential or presumptive positive result of prohibited drugs.

(f) “Prohibited Drugs” - shall mean opium, morphine, heroin,
cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, as defined and
enumerated under the Dangerous Drugs Act of 2002 (R.A. 9165).

Section 4. Duty of Public and Private Secondary Schools, Colleges
and Universities - All Public and Private Secondary Schools,
Colleges and Universities shall require all students in the Secondary
and College levels to take a drug testing examination every semester
before the opening of every school year. Those found to be
“dependents” of prohibited drugs shall be required to undergo a
rehabilitation program in any public or private rehabilitation
institution of their own choice. All information acquired in
connection with the drug testing examination shall be made in strict
confidence between the school administration and the student
concerned and the same shall not be divulged to the public without
the consent of the student and the parents affected.

Section 5. Government Assistance. - The DEP-ED and the CHED
shall institute a program in pursuance of the Objectives of this Act
and shall have the following functions:

(a) To plan, implement and monitor yearly programs in
pursuance of the Drug Testing Examination and the
Rehabilitation Program in pursuance of this Act;

(b) To maintain and regularly update, on a quarterly basis, the
list of drug users in all public and private schools, colleges and
universities;

(c) To serve as a General Information and Liaison Institution
and monitor compliance under the provisions of this Act ;


Section 6. DEP-ED and CHED Responsibility. - It shall be the
responsibility of the Dep-Ed and the CHED to inform all public and
private Secondary Schools, Colleges and Universities about the
provisions of this Act. They shall prominently display posters,
stickers, and other notices that will generate public awareness of this
Act and ensure that the provisions of this Act are implemented to its
fullest.

Section 7. Partnership of the Government Agencies. - The DEP-ED,
CHED and the Philippine Drug Enforcement Agency (PEDEA) shall
undertake to ensure the implementation of this Act in their
respective territorial jurisdictions.

Section 8. Implementing Rules and Regulations. - The Department
of Education (DEP-ED) and the CHED, within ninety (90) days from
the approval of this Act, shall promulgate the implementing, rules
and regulations for the effective implementation of the provisions of
this Act in consultation and coordination with all public and private
schools, colleges and universities.

Section 9. Appropriation. - The necessary appropriation for the
operation of this Act shall be appropriated and approved by the
DEP-ED and the CHED. The amount necessary to carry out the
provisions of this Act upon its effectivity shall be charged out of the
funds of the Office of the President. Thereafter, any such sum as shall
be needed for the regular implementation of this Act shall be
included in subsequent General Appropriations Act following its
enactment into law.

Section 10. Effectivity. - This Act shall take effect within fifteen (15)
days after publication in the Official Gazette or in two (2) national
newspapers of general circulation.

Approved,

GODOFREDO V. ARQUIZA