PDEA chief wants surprise drug test for election candidates

Philippine Drug Enforcement Agency director general Aaron Aquino (left) and Presidential Communications Operations Office secretary Martin Andanar hand over a modular vest to PDEA National Capital Region director Joel Plaza, in this Oct. 15, 2018 photo. Aquino wants a surprise drug test for all candidates in the 2019 midterm elections but he did not say what it would be for – and despite jurisprudence ruling as unconstitutional mandated drug tests among election candidates. PNA

PHILIPPINE Drug Enforcement Agency director general Aaron Aquino would want a surprise drug test for all candidates in the 2019 midterm elections.

But the head of the agency tasked to lead operations against dangerous drugs did not say what the surprise drug test would be for.

Wala naman plano. Bigla lang pumasok sa utak ko (There is no definite plan. It just occurred to me),” a report on the state-run Philippine News Agency, posted on Thursday, quoted Aquino as telling a radio interview.

The drug test “should be surprise. Otherwise, we are not doing [it] properly. It doesn’t serve the purpose,” Aquino said in the report, adding: “Mas maganda (It’s better to have a) surprise drug test sa lahat ng kandidato (for all candidates).”

The PDEA head further said: “Hindi ko pa alam kung legal or not. Kung ako tatanungin, mas gusto ko iyong ganoon (I am not sure yet if this is legal or not. But if you ask me, I would want that).”

NO TO MANDATORY DRUG TESTS

In 2008 the Supreme Court has ruled against mandatory drug testing among election candidates.

A provision of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002 – Section 36 (g) – provides that “All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test.”

But the Supreme Court ruled this part of the law as unconstitutional, granting a petition filed by then senator Aquilino Pimentel Jr., who sought re-election in the 2004 elections.

On the other hand, the Commission on Elections has repeatedly said in media reports that there is no law that requires election candidates to take mandatory drug tests.

Comelec cannot add eligibility requirements on its own and any resolution it will issue pertaining to a mandatory drug test will still be considered unconstitutional, PhilStar.com and news.ABS-CBN.com reports quoted the commission’s spokesman James Jimenez as saying.

TEST IF ELECTED

In the same PNA report, the Dangerous Drugs Board encouraged aspiring candidates to submit to mandatory drug testing if they get elected.

The report cited DDB Regulation No. 13 series of 2018, which “provides for the establishment and institutionalization of drug-free workplace policies in all government offices, including the conduct of authorized drug testing for local officials and appointive public officers.”

“As civil servants, we must lead by example of living a healthy and drug-free lifestyle,” the report quoted DDB chairman Catalino Cuy as saying in a statement released Wednesday. “We cannot expect the Filipino people to be drug-free if we, ourselves, are involved in these substances.”

Government officials and personnel found positive for drug use face charges and dismissal from public service, while heads of agencies or local governments without a “drug-free workplace policy” will be penalized under RA 9165, the PNA report stated.

Moreover, anyone found violating any DDB regulation face thousands of pesos in fines and a prison term of up to four years, the report further stated./PN

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