Authorizing the Conduct of Random Drug Testing on Judiciary Personnel

April 26, 2005

SUPREME COURT MEMORANDUM ORDER NO. 18-05

ESTABLISHING A PROGRAM TO DETER THE USE OF DANGEROUS DRUGS AND AUTHORIZING THE CONDUCT OF RANDOM DRUG TESTING ON THE PERSONNEL OF THE JUDICIARY

WHEREAS, Section 2 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, which was approved by Her Excellency President Gloria Macapagal-Arroyo on 7 June 2002, reaffirms the policy of the state to safeguard "the well-being of its citizenry. . . from the harmful effects of dangerous drugs on their physical and mental well-being";

WHEREAS, Sec. 36, (d), Article III of that law provides that officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Anyone found positive for use of dangerous drugs 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;

WHEREAS, Civil Service Commission Memorandum Circular No. 34, s. 1997, requires all officials and employees entering the government service to undergo the following tests:

1. Blood Test

2. Urinalysis

3. Chest X-ray

4. Drug Test

5. Neuro-psychiatric Exam (if necessary);

WHEREAS, there is a need for a program to deter the use of dangerous drugs by the personnel of the Judiciary and institute preventive measures against drug abuse for purposes of eliminating the hazards of drug abuse in the Judiciary; CETIDH

WHEREAS, the danger of drug abuse would severely affect the honor, dignity and integrity of the Judiciary and the effectiveness and efficiency of the officials and employees thereof;

WHEREFORE, pursuant to R.A. No. 9165 and existing rules and regulations, the Court Administrator, the Chiefs of the Office of Administrative Services of the Supreme Court and the Office of the Court Administrator and the Chief of the Medical Services are hereby authorized to:

1. Institute preventive measures against drug abuse including the education and awareness of officials and employees of the Judiciary on the ill-effects of dangerous drugs;

2. Conduct, in coordination with government forensic laboratories random drug testing on all officials and employees of the Judiciary, subject to the conditions set forth in R.A. No. 9165; and

3. Closely monitor officials and employees of the Supreme Court and all lower courts who may be susceptible to drug abuse and report to the Court, for appropriate action, any official or employee found and confirmed to be dependent on dangerous drugs. HSCATc

This Memorandum Order shall take effect on the 1st day of June 2005.

April 26, 2005.

(Sgd.) HILARIO G. DAVIDE, JR.Chief Justice