Rules and Regulations on the Mandatory Drug Test of Candidates for Public Office, Both National and Local, Under Section 36 (G) of Republic Act No. 9165 in Connection with the May 10, 2004 Synchronized National and Local Elections

December 23, 2003

COMELEC RESOLUTION NO. 6486

RULES AND REGULATIONS ON THE MANDATORY DRUG TEST OF CANDIDATES FOR PUBLIC OFFICE, BOTH NATIONAL AND LOCAL, UNDER SECTION 36 (G) OF REPUBLIC ACT NO. 9165 IN CONNECTION WITH THE MAY 10, 2004 SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS

WHEREAS, Section 36 (g) of Republic Act No. 9165 provides:

"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 the 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 such drug tests. The drug testing shall employ, among others, two (2)-testing methods, the screening test which will determine the positive results as well as the type of 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 a 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 mandatory drug test."

WHEREAS, Section 1, Article XI of the 1987 Constitution provides "that public officers and employees must at all times be accountable 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 will be elected to hold public office."

NOW, THEREFORE, the Commission on Elections, pursuant to 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.

SECTION 2. Where to File. — The drug test certificate shall be submitted with the following offices of the Commission:

(a) candidates for national positions — with the Law Department;

(b) nominees of party/sectoral organization participating in the party list system — with the Law Department;

(c) candidates for member of the House of Representatives in the National Capital Region — with the Regional Election Director;

(d) candidates for provincial positions — with the office of the Provincial Election Supervisor concerned; and

(e) candidates for municipal positions — with the office of the Election Officer concerned.

SECTION 3. When to File. — The Drug test certificate shall be filed as follows:

(a) candidates for national positions — not later than February 8, 2004; and

(b) 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 the said drug test.

SECTION 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. Thereafter, said lists shall be published in two (2) newspapers of general circulation.

SECTION 5. Effect of Failure to Undergo 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.

SECTION 6. Effectivity. — This resolution shall take effect on the seventh day after its publication in two (2) newspapers of general circulation. TEcAHI

SECTION 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.

SO ORDERED.

(SGD.) BENJAMIN S. ABALOS, SR.Chairman
(SGD.) LUZVIMINDA G. TANCANGCOCommissioner	(SGD.) RUFINO S. B. JAVIERCommissioner
(SGD.) RALPH C. LANTIONCommissioner	(SGD.) MEHOL K. SADAIN *Commissioner
(SGD.) RESURRECCION Z. BORRACommissioner	(SGD.) FLORENTINO A. TUASON, JR.Commissioner