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Press Release
REP. RON P. SALO
KABAYAN Party-list
Assistant Majority Leader
Member, Good Government and Public Accountability and 11 other Committees 

RANDOM DRUG TESTING FOR CURRENT BARANGAY AND SK OFFICIALS IN PNP DRUG WATCHLIST

One way the DILG can weed out drug users among barangay and SK officials and personnel is by invoking RA 9165 (The Comprehensive Dangerous Drugs Act of 2002) Section 36 (d) which authorizes random drug testing of current or incumbent officers and employees of public offices.

This is allowed by Republic Act 9165. The drug testing has to be random, not to cover everyone in public service. Section 36 (d) also covers officers and employees of private offices. It is silent on the self-employed.

I further propose that the DILG start with those barangay officials whose names appear in the PNP drug watchlist.

The random drug testing must be done as soon as possible as it is only a month before the barangay elections. It should be immediately done in collaboration with DOH which has the manpower resources. I also appeal that those found positive be subjected to disqualification proceedings observing due process provided by law.

The results of the random drug testing must be published before the elections so that the electorate will be duly informed. 

This part of RA 9165, Section 36 (d), was not voided by the Supreme Court in its decision on November 3, 2008. 

What the Supreme Court declared unconstitutional are Section 36 (f) and Section 36 (g). The other parts of Section 36 were not struck down. 

Here is the excerpted dispositive portion of the SC decision: http://sc.judiciary.gov.ph/jurisprudence/2008/november2008/157870.htm

WHEREFORE, the Court resolves to GRANT the petition in G.R. No. 161658 and declares Sec. 36(g) of RA 9165 and COMELEC Resolution No. 6486 as UNCONSTITUTIONAL; and to PARTIALLY GRANT the petition in G.R. Nos. 157870 and 158633 by declaring Sec. 36(c) and (d) of RA 9165 CONSTITUTIONAL, but declaring its Sec. 36(f) UNCONSTITUTIONAL. All concerned agencies are, accordingly, permanently enjoined from implementing Sec. 36(f) and (g) of RA 9165. No costs.

RA 9165 mandatory drug testing is allowed for and covers applicants for driver’s license, as well as applicants for firearm license and permit to carry firearms.

For students in high school, college, and university random drug testing is what RA 9165 provides. (END)

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