SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

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HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez a
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3698

EXPLANATORY NOTE

It has been declared the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and to defend the same against
acts or omissions detrimental to their development and preservation.

Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through an
integrated system of planning, implementation and enforcement of anti-drug abuse policies,
programs, and projects. The government shall however aim to achieve a balance in the
national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which
include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or
measures to re-integrate into society individuals who have fallen victims to drug abuse or
dangerous drug dependence through sustainable programs of treatment and rehabilitation.

In view of the foregoing, Republic Act No. 9165, also known as Comprehensive
Dangerous Drugs Act of 2002, was enacted in 2002. The most recent statistics of the
Philippine Drug Enforcement Agency (PDEA) show that of the 14 million people, more or
less, who underwent drug testing in various accredited laboratories in the country, only .006
percent was found positive. However, this finding does not mean that trafficking and use of
dangerous drugs has been successfully abated. On account of this finding, there is a need
to amend the law by requiring random drug testing instead of a mandatory one.

In view thereof, immediate approval of this Bill is sought.



‘SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3698

AN ACT
AMENDING SECTION 36 OF REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 ON DRUG TESTING

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

Section 1. Declaration of Policy. — It is the declared policy of the state to safeguard
the integrity of its territory and the well-being of its citizenry particularly the youth, from the
harmful effects of dangerous drugs on their physical and mental well-being, and to defend
the same against acts or omissions detrimental to their development and preservation.
Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through an
integrated system of planning, implementation and enforcement of anti-drug abuse policies,
programs, and projects.

Section 2. _Amendment.- The first paragraph of Section 36 of RA 9165 is
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 shail 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 shail 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] random drug testing:
(a) Applicants for driver's licensef 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 bome by the

government];

(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

Article 282 of the Labor Code and pertinent provisions of the Civil Service

Law];

(e) 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;

(9 [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.

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.

XXX

Section 3. Separability Clause. - Should any provision of this Act or any part
thereof be declared invalid, the other provisions, so far as they are separable from the invalid
ones, shall remain in full force and effect

Section 4. Repealing Clause. - All laws, orders, issuances, rules and regulations
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Section 5, _Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

‘Approved,