SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
n( (‘)r &  'ir l. !irp
*17 JUL-6 A10:30
SENATE
1 - n  RECttVLO BY: 
SENATE BILL NO. 14 9 6
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
MANDATING THE ADMINISTRATION OF R E G U I^R  DRUG TESTS 
IN CORILECriONAL AND PENAL INSTITLTITONS
Explanatory Note
Reports that our penal institutions are at the crux of the illegal drugs trade in 
the country are not new. In fact, as early as 15 December 2014, a surprise raid was 
conducted by the Department of Justice (DOJ), then headed by this representation, to 
tear down the network of illegal drug operations believed to be driving the national 
narcotics industry from within the New Bilibid Prisons (NBP). As a result of the raid, 
the DOJ discovered and seized contrabands (drug paraphernalia, cash, firearms and 
other weapons, communication gadgets, etc.), and dismantled luxurious kubols (huts) 
of inmates. This anti-drug campaign at the NBP eventually culminated with “Oplan 
Galugad" and was likewise implemented in other prison facilities.
When the current administration took office, the DOJ Secretary was quick to 
accuse the previous administration for failing to stomp out the illegal drugs operation 
in NBP.1 The DOJ and Philippine National Police (PNP) brought in the Special Action 
Force (SAF) to replace the NBP guards supposedly to address the illegal drug problem 
in the NBP.2
However, in spite of the much publicized effort, the DOJ and the PNP still failed 
to effectively control the NBP. Barely months from taking over, inmates were found to 
still be able to do drugs in NBP.3
1 P o litik o . 24  M a y  2 0 1 6 . " D u te r te 's  d ru g  s trik e  to  b e g in  in  B ilib id ; a ll ja il g u a rd s  to  b e  re p la c e d  -  A g u ir re ."  
R e trie v e d  fr o m ; h ttp ://p o litic s .c o m .p h /d u te r te s - d r u g - s tr ik e - b e g in - b ilib id - ia il- e u a r d s - r e D la c e d - a g u ir r e /. 
A cce sse d  o n  4  J u ly  2 0 1 7 .
2 B u sin e ss W o rld . 21 Ju ly 2 0 1 6 . "P N P -S A F  ta k e s  o v e r B ilib id  p ris o n  s e c u rity "  R e trie v e d  fr o m :
h tt p :/ /w w w .b w o r ld o n lin e .c o m /c o n te n t.p h p ? s e c tio n = N a tio n & title -p n o -s a f- ta k e s -o v e r -b ilib id -c-p ris o n -
s e c u ritv & id = 1 3 0 7 0 7 . Last a cce sse d  o n  4 Ju ly 2 0 1 7 .
3 G M A  N e w s . 2 8  S e p te m b e r 2 0 1 6 . "A g u irr e  a d m its  SAF h a s n 't c o m p le te ly  w ip e d  o u t d ru g s  in  B ilib id ."  R e trie v e d
fr o m : b t t p : / / w w w .g m a n e tw o r k .c o m /n e w s /n e w s /n a tio n /5 8 3 0 9 6 /a g u ir re -a d m its - s a f-h a s n - t-c o m p le te lv -w io e d -
o u t- d r u g s - in - b ilib id /s to r v /. Last a cce sse d  o n  4  J u ly  2 0 1 7 .


A year after taking over, the current Secretary of Justice has admitted that there 
has been a resurgence of the drug trade in the national penitentiary.4 It appears that 
in spite of the early pronouncements of the DOJ Secretary and the PNP Chief, the 
current measures being implemented are still ineffective in eradicating the drug 
problems in our penitentiary system.
Thus, to help eradicate the proliferation of drug use and trade in our penal 
institutions, this bill mandates the conduct of mandatory and unannounced drug 
testing to all detainees/prisoners and their custodians. Once a detainee/prisoner tests 
positive for drug use, he/she shall be required to undergo a Drug Dependency 
Examination and thereafter transferred to a treatment and/or rehabilitation facility 
for detainees/prisoners who use illegal drugs. Likewise, a positive drug test result shall 
be considered by the Board of Pardons and Parole in its evaluation of such prisoner’s 
pending application for executive clemency or parole, if any. Government employees 
and officials working in these facilities who test positive for drug use shall similarly 
undergo a Drug Dependency Examination, without prejudice to them being subject to 
administrative and criminal sanctions.
With this measure, it is envisioned that our detention facilities and correctional 
institutions shall finally be rid of the scourge of illegal drugs. Thus, early approval of 
this measure is requested. 
^
LEILA M. DE LIMA 4
4 In te ra k s y o n . 15 J u n e  2017. "A g u irr e  a d m its  're s u rg e n c e ' o f  B ilib id  d ru g  tr a d e ."  R e trie v e d  fr o m ; 
h t t p : / / w w w .in te r a k s v o n .c o m /a e u ir r e - a d m its - r e s u r e e n c e - in - b ilib id - d r u e - tr a d e /. L a st a c ce sse d  on 3 J u ly  2017.


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
SfU fi'f
tOrricf o fi!n £ . ' u h i T ^
'17 JUL-6 AlO -30
SENATE BILL NO. 1496
RECtlVf-D Bf;
Introduced by SENATOR I.E IIA  M. DE LIMA
AN ACT
MANDATING THE ADMINISTRATION OF REGULAR DRUG TESTS 
IN CORRECTIONAL AND PENAL INSTITUITONS
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the “Drug-Free Prisons Act of
2 
2017”.
3
4
5
6
7
8 
9
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 these prohibited substances 
by those under State custody, as well as by the public officials and employees who work 
therein.
10
11
12
13
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 (BJMP) and the local 
government units; and


2
3
4
1
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22 
23
(b) all prison and reformation facilities under the supervision of the Bureau 
of Corrections (BuCor); and
(c) the custodial centers of the Philippine National Police, the National 
Bureau of Investigation, and the Armed Forces of the Philippines.
5 
Sec. 4 . Mandatory Drug Testing. -  The following shall be covered by the mandatory
6 
drug testing:
1. All persons in state custody, whether under detention for investigation and/or 
trial for an 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
2. All 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 result shall immediately be 
made known to the head of the detention/prison institution, who shall then notify the 
concerned 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


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
1
specimen, by a government drug testing laboratory. Failure to file a challenge within 
the prescribed period shall make the positive drug test result 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 official/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. Funding. -  The concerned 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 drug test result shall be on the account of the 
detainee/prisoner or public official/employee, as applicable.
22 
Sec. 7. Annual Report. -  The BuCor and the BJMP shall submit to the President of
23 
the Senate and the Speaker of the House of Representatives an annual report on the
24 
implementation of this Act.


2
3
4
5
6 
7
1
Sec. 8 . Implementing Rules and Regulations. -  Within six (6) months from the date 
of effectivity of this Act, the Department of Justice, the Department of Interior and 
Local Government, the Department of National Defense, the DOH, and the 
Commission on Human Rights, shall promulgate the necessary implementing rules 
and regulations to implement the provisions of this Act.
Sec. 9 . Separability Clause. - If any provision of this Act is declared invalid or 
unconstitutional, the provisions not affected thereby shall eontinue to be in full force
8 
and effect.
9 
Sec. lO. Repealing Clause. - All laws, executive orders, presidential decrees,
10 
presidential proclamations, letters of instruction, rules and regulations or parts
11 
thereof inconsistent with the provisions of this Act are hereby repealed or modified
12 
accordingly.
13 
Sec. 11. Effectivity. - This Act shall take effect upon its approval fifteen (15) days
14 
following its publication in the Official Gazette or in two (2) newspaper of general
15 
circulation in the Philippines.
16 
Approved,