Palace respects mandatory drug test push, but insists unconstitutional

By Ruth Abbey Gita-Carlos, Philippine News Agency

Castro said the SC itself compared random testing with mandatory drug testing for persons already charged with crimes. (PNA file photo by Ruth Abbey Carlos)

MANILA – Malacañang on Thursday said it respects the Senate’s move to push for mandatory drug testing but maintained that the measure runs counter to the Constitution.

Palace Press Officer Claire Castro stressed that only “random and suspicion-less” drug testing has been upheld by the Supreme Court, citing its 2008 ruling on Social Justice Society vs.

Dangerous Drugs Board.

“[Ang] universal drug testing ay labag sa constitution lalo na sa right to privacy kumpara sa random drug testing (Universal drug testing violates the Constitution and the right to privacy compared to random drug testing),” Castro said in a text message.

“Kung nais nilang ituloy iyan, nasa kanila naman po yan. Sinasabi lang po natin kung ano ang jurisprudence patungkol sa (If they wish to proceed, that is their prerogative, but we are simply stating what jurisprudence says on) universal drug testing.”

Her remarks came after Senator Robin Padilla filed Senate Bill 1200, seeking to make drug testing compulsory for all government officials.

Padilla’s chief of staff, Atty.

Rudolf Philip Jurado, advised Castro to revisit the jurisprudence she cited after the Palace official on Wednesday said the proposed measure violates the law and the Constitution.

Jurado, however, acknowledged that the matter would have to be debated and settled in the Senate.

Castro said the SC itself compared random testing with mandatory drug testing for persons already charged with crimes.

“Nabasa po natin ito at pinapatungkulan rito na lehitimo at constitutional ay ang random drug testing. Ang sabi sa decision (What is considered legitimate and constitutional is random drug testing. The decision said) ‘the operative concept[s] in mandatory drug testing are randomness and suspicion-less,’” she said.

“Kinumpara ito sa mga persons charged with crimes na pinarerequire ng mandatory drug testing kung saan (It was compared to persons charged with crimes who are required to undergo mandatory drug testing, where) they will not be ‘randomly picked’ at sa pagkakataon na ganito, na waive nila ang (and in such cases, they have waived their) right to privacy).”