REPUBLIC OFTHE: P3fLtPPMEs COMMISSION ON ELECTlONS

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EXCERPT FROM THE MINUTES OF THE REGULAR E MEETING OF THE COMMISSION ON ELECT10 . HELD ON SEPTEMBER 08,2009 gy:
Present: Chairman Commissioner Commissioner Commissioner Commissioner Commissioner
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Jose A. R. Melo Rene V. Sarmiento Nicodemo T. Ferrer Lucenito N. Tagle Armando C. Velasco Elias R. Yusoph
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MATTER OF THE SUPREME COURT DECISION RE RULES AND REGULATIONS .ON THE MANDATORY DRUG TEST OF CANDIDATES FOR PUBLIC OFFICE, BOTH NATIONAL AND LOCAL POSITIONS IN CONNECTION WITH THE MAY 10, 2004 NATIONAL' AND LOC'AL ELECTIONS This pertains to the Memorandum dated August 26, 2009 of Atty. Ma. Josefina E. Dela Cruz, Clerk of the Commission al?d Acting Comelec Secretary, forwarding the Supreme Court Decision in G.R. No. 157870, 158633 and 161658 dated November 3, 2008 re Comelec Resolution No. 6486 on The Rules and Regulations on ,the Mandatory Drug Test of Candidates for Public Office, both National and Local, under Sec. 36 (g) of R.A. No. 9165 in connection with the May 10, 2004 Synchronized National and Local Elections and Republic Act No. 9165 and Comelec Resolution No. 6486. The Memoranduni of Atty. Dela Cruz reads:
"Respectfully forwarding a copy of the Supreme Court Decision in G.R. No. 157870, 158633 and 161658 dated November 3, 2008 (re Comelec Resolution No. 6486 on The Rules and Regulations on the Mandatory Drug Test of Candidates for Public Office:, both National and Local, under Sec. 36 (g) of R.A. No. 9165 in connection with the May 10, 2004 Synchronized National and Local Elections and Republic Act No. 9165 and Comelec Resolution No. 6486.

The dispositive portion of subject Supreme Court Decision in G.R. No. 157870, 158633 & 161658; and Sections 36(c), (d), (0, (g) of R. A. No. 9165; and Comelec Res. No. 6486 read:
, I ) Supreme Court Decision in G.R. No. 757870, 158633 &

161658:

'WHEREFORE, the Court resolves to GRANT the petition in G. R. No. 161658 and declares Sec. 3 ( ) of RA 6g 9165 and COMELEC Resolution No. 6486 as UNCONSTITUTIONAL; and to PARTIALLY GRANT the petition in G.R. Nos. 157870 and 158633 by declaring Sec.

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36(c) and (d) of RA 9165 CONSTITUTIONAL, but declaring its Sec. 36(9 UNCONSTITUTIONAL. All concerned agencies are, accordingly, permanently enjoined from implementing Sec. 36(0 and (g) of RA 9165. No costs.'
2) Sections 36(c), (d), (0, of R. A. No. 9165: (g)

'Sec. 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 testing shall centers to further reduce the cost of drug test. The dr~rg 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 shall be valid for one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing.
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(c) Students of Secondary and tertiary schools. - Stirdents of secondary and tertiary schools shall, p,ursuant 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; (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 regcrlations, 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 drug 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;
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(0 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 ( I ) 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.
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In addition to the above stated penalties in this Section, those found to be positive for dangerous drug use shall be subject to the provisions of Section 15 of this Act.
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3) Cornelec Resolution No. 6486: 'WHEREAS, Section 36(g) of Republic Act No. 9165 provides: . :. - .
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'Sec 36. ~othorized b*g-~&s!rGb:i~uthorired 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 drug test. The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive resillt 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 one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing.
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(g) 'All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug 'test.' WHEREAS, Section I , Article XI of the 1987 Constitution provides 'that pc~blic officers and employees must at all times be Bccountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; WHEREAS, by requiring candidates to undergo mandatory drug test, the public will know the quality of candidates they are electing and they will be assured that only those who can serve with utmost responsibility, integrity, loyalty and efficiency wo~lld elected to hold be public office.' NOW THEREFORE, the Commission on Elections, pclrsuant C o the authority vested in it under the Constitution, Batas Pambansa Blg. 881 (Omnibus Election Code), Republic Act No. 9165 and other election laws, RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations on the conduct of mandatory drug testing to candidates for public office. SECTION 1. Coverage. - All candidates for public office, both national and local, in the May 10, 2004 Synchronized National and Local Elections shall undergo mandatory drug test in government forensic laboratories or any drug testing laboratories monitored and accredited by the Department of Health. Sec. 2. Where t o File. - The drug test certificate shall be submitted with the following offices of the Commission: (a) candidates for Department; national positions - with the Law

(b)

nominees of party/sectora/ organization participating in the party list system - with the Law

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(c)
candidates for Member of the House [otj' Representatives in the National Capital Region - with the Regional Election Director; candidates for provincial positions - with the office of the Provincial Election Supervisor concerned; and candidates for m~~nicipal positions - with the office of the Election Officer concerned.

(d)

(e)

Sec. 3. When to file. - The drug test certificate shall be filed as follows:
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(a) (b)

candidates for national positions - not February 8, 2004; and

later

than

candidates for local positions, including nominees of party/sectoral organization participating in the party list system - not later than March 24, 2004.

On March 25, 2004, in addition to the drug certificates filed with their respective offices, the Comelec Offices and employees concerned shall submit to the Law Department two (2) separate lists of candidates. The first list shall consist of those candidates who complied with the mandatory drug test while the second list shall consist of those candidates who failed to comply with said drug test.
SEC. 4. - Preparation and publication of names of candidates. - Before the start of the campaign period, the Commission shall prepare two separate lists of candidates. The first list shall consist of those candidates who complied with the mandatory drug test while the second list shall consist of those candidates who failed to comply with said drug test. ThereatYer, said lists shall be published in two (2) newspapers of general circulation.

SEC. 5. - Effect of failure to i~ndergo mandatory drug test and file drug. test certificate. - No person elected to any public office shall enter upon the duties of his office until he has undergone mandatory drug test and filed with the offices enumerated under Section 2 hereof the drug test certificate herein required. SEC. 6. - Effectivity. - This resolution shall take effect on the seventh day after its publication in two (2) newspapers of general circulation. SEC. 7. Dissemination. - The Education and Information Department shall cause the publication of this resolution in two (2) newspapers of general circulation, and furnish copies thereof to all field offices of the Commission, registered political parties, sectoral groups, organizations, and/or coalitions thereof participating in the party-list system. ' For your information. Thank you. "

The Commission RESOLVED, as it hereby RESOLVES, to note

the foregoing matter.
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Let the Offices of the Executive Director and Deputy Executive Director for Operations, Law Department and EID take note of this resolution.

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This is to certify that the foregoing is a true and correct excerpt from the minutes of the Regular en banc Meeting of the Commission on Elections held on September 8, 2009.

and Acting Comelec Secretary

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Cc:

Chairman
All Commissioners

Executive Director Deputy Executive Director for Operations Law Department Education and Information Department