Hi UUSE OF REPRESENTATIVES
RECEIVED
Care _23 AUG 2016
wwe [Dam
By: ney
ei

TRATION UT
EEX SERVICE

BILLS as

Seventeenth Congress
First Regular Session

3191

HOUSE BILL NO.

Introduced by Honorable Peter M. “Sr. Pedro” Unabia

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002” by requiring an annual mandatory
drug testing for all government officials and employees.

It is the policy of the State to safeguard the well-being of its citizenry,
particularly the youth, from the harmful effects of dangerous drugs. However, the
State needs to enhance further the efficacy of the law against dangerous drugs.

Due to the declarations and actions of our President Duterte, it has become
common knowledge that the drug menace permeates all sectors of society. Some
users of illegal drugs are even professionals such as doctors and lawyers, but
shocking of all, even government officials and employees. Without drug testing at
work, there is no way to positively identify workers who pose a risk to everyone in
the workplace with their drug use or abuse. A drug testing program will keep the
environment at the workplace safe for everyone. It can also help minimize workplace
accidents, improve job performance and boost the morale of the employees. It will
also lessen absenteeism, tardiness, theft and behavioral problems that are often
associated with drug abuse.

‘The Supreme Court has already upheld the legality of mandatory random drug
test in the workplace in the case of Social Justice Society vs. Dangerous Drugs
Board and Philippine Drug Enforcement Agency, G.R. No. 157870, November 3,
2008, thus:

eee

To reiterate, RA 9165 was enacted as a measure to stamp out
illegal drug in the country and thus protect the well-being of the citizens,


especially the youth, from the deleterious effects of dangerous drugs.
The law intends to achieve this through the medium, among others, of
promoting and resolutely pursuing a national drug abuse policy in the
workplace via a mandatory random drug test. To the Court, the need for
drug testing to at least minimize illegal drug use is substantial enough
to override the individual's privacy interest under the premises. The
Court can consider that the illegal drug menace cuts across gender, age
group, and social-economic lines. And it may not be amiss to state that
the sale, manufacture, or trafficking of illegal drugs, with their ready
market, would be an investor's dream were it not for the illegal and
immoral components of any of such activities. The drug problem has
hardly abated since the martial law public execution of a notorious drug
trafficker. The state can no longer assume a laid back stance with
respect to this modern-day scourge. Drug enforcement agencies perceive
a mandatory random drug test to be an effective way of preventing and
deterring drug use among employees in private offices, the threat of
detection by random testing being higher than other modes. The Court
holds that the chosen method is a reasonable and enough means to lick
the problem.

XXX

Like their counterparts in the private sector, government officials
and employees also labor under reasonable supervision and restrictions
imposed by the Civil Service law and other laws on public officers, all
enacted to promote a high standard of ethics in the public service. And if
RA 9165 passes the norm of reasonableness for private employees, the
more reason that it should pass the test for civil servants, who, by
constitutional command, are required to be accountable at all times to
the people and to serve them with utmost responsibility and efficiency.

nan.”

Definitely, if the drug problem remains unabated it will create more serious
problems and will compromise the future of our youth. This bill requiring an annual
mandatory drug testing for all government officials and employees will hopefully
arrest this pernicious problem before it is too late.

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

PE RO” UNABIA


Seventeenth Congress
First Regular Session

3191

HOUSE BILL NO.

Introduced by Honorable Peter M. “Sr. Pedro” Unabia

AN ACT
REQUIRING AN ANNUAL MANDATORY DRUG TESTING FOR ALL
GOVERNMENT OFFICIALS AND EMPLOYEES, 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 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 the DOH
accredited drug testing centers to further reduce the cost of such
drug tests. 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
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) xxx;
(b) xxx;
(c) Xxx:

(d) Officers and employees of [public and] private
offices. — Officers and employees of [public and] private offices,
whether domestic or overseas, shall 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 Articles 282 of the Labor
Code [and pertinent provisions of the Civil Service Law];

ALL GOVERNMENT OFFICIALS AND EMPLOYEES
SHALL UNDERGO AN ANNUAL MANDATORY DRUG TEST.

ALL DRUG

ING EXPE)

ISES SHALL BE BORNE BY THE



AGENCY OF THE OFFICIAL AND EMPLOYEE;

(e) xxx;
(f) xxx;
(g) Xxx;

In addition to the above stated penalties in this Section,
those found to be positive for dangerous drugs use,
WHETHER LOCAL OR NATIONAL OFFICIALS, INCLUDING
THOSE IN GOVERNMENT-OWNED AND —CONTROLLED
CORPORATIONS, shall be subject to the provisions of Section 15
of this Act AND PERTINENT PROVISIONS OF THE CIVIL

SERVICE LAWS.”

SEC. 2. This Act shall take effect fifteen (15) days after publication in

the Official Gazette or in two national newspapers of general circulation.

Adopted,