FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

No.__2801

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.

House

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.

RUFUS B. R¢ IGUEZ

Yip.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH 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__ 2804
AN ACT
AMENDING SECTION 36 OF REPUBLIC ACT NO. 9165 OTHERWISE KNOWN
AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 ON DRUG
TESTING

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 govemment 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 shall 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 soreening 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
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] random
drug testing:

(2) Applicants for driver's licensef No driver's license shail 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];

(0) Applicants for firearm's license and for permit to cary 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
borne by the government];

(@) 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 penaity of imprisonment of not less than

six (6) years and one (1) day shall have to undergo a mandatory drug
test and

(9) [All] Candidates for public office whether appointed or elected both

in the national or local govemment 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,