Palace says proposed mandatory drug test violates Constitution

Malacañang said Wednesday that the proposal of Senator Robin Padilla for a mandatory drug test among elected and appointed government officials violates the 1987 Constitution. 

''So, ang nais po ni Senator Robin Padilla ay lahat ng public officers? Sana po ay nabasa niya na po ang desisyon ng korte patungkol po dito. Social Justice Society versus Dangerous Drugs Board 2008 kung saan hindi po hinahayaan at ito ay labag sa Konstitusyon at sa privacy kung lahat po,'' Palace Press Officer Undersecretary Atty. Claire Castro said in a briefing.

(So, Senator Robin Padilla wants all public officers? I hope he was able to read the court's decision on the matter. Social Justice Society versus Dangerous Drugs Board 2008 wherein this was not allowed as this is against the Constitution and everyone's privacy.) 

'''Pag sinabi po nating lahat, universal testing – mandatory universal or universal testing. Ang allowed lamang po ay ang random drug testing. So, baka magsayang lang po ng oras at pera/pondo si Senator Robin Padilla. Aralin po muna niya po ang nais niyang gawing batas,'' she added. 

(What's allowed is the random drug testing. So maybe Senator Robin Padilla will just waste funds. I suggest he study first the law that he wants.) 

To recall, the Supreme Court, in November 2008, declared as unconstitutional a provision in the Comprehensive Dangerous Drugs Act of 2002 requiring mandatory drug testing on all candidates for public office and people facing criminal charges. 

The same decision however affirmed the validity of a provision mandating random and “suspicionless” drug tests for students in secondary and tertiary schools, as well as employees of public and private offices.

Under Padilla's Senate Bill No. 1200, also known as the proposed Drug-Free Government Act, he proposed that the initiative be implemented first through a screening process via a hair follicle drug test.

The confirmation of the screening test will then be done through a urine drug test, the proposed measure stated. 

Subject to this are all elected and appointed government officials as well as government instrumentalities or government-owned and controlled corporations (GOCCs), whether domestic or overseas. 

Further, any official found positive for the use of dangerous drugs shall be dealt with administratively, which may result in suspension or termination from office, subject to pertinent laws. 

The bill also sought to institutionalize the voluntary random hair follicle drug testing of candidates for electoral posts within 90 days before election day. —KG, GMA Integrated News