Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

MEMORANDUM CIRCULAR NO. ________

TO : Regional / Provincial / City Prosecution Office

: Heads of Bureaus, Commissions and Offices attached
Under the Administrative Supervision of the Department of Justice

SUBJECT : Department Circular No. 037, entitled: Institutionalization of the “Drug-Free

Workplace Policy” and Adoption of “Guidelines In The Conduct of Drug Testing
Program” In The Department of Justice

DATE : 4 October 2016

Transmitted herewith, for information and strict implementation, is Department Circular

(D.C.) No. 037, entitled: Institutionalization of the “Drug-Free Workplace Policy” and
Adoption of “Guidelines In The Conduct of Drug Testing Program” In The Department of
Justice, dated 05 September 2016.

To ensure that the efforts of the government to counter drug problem in the country are
effectively carried out, and to ensure that the Department and its attached agencies have a safe and
healthy drug-free work environment, you are hereby directed to strictly implement the provisions of the
Department Circular, more specifically Sections 9.0 – 13.0 on mandatory and random drug testing of
officials and employees, in your respective offices.

For proper implementation and guidance, attached herewith is the updated list of Department of
Health (DOH) accredited drug testing laboratories in the country, and D.C. No. 037, series of 2016.

For strict compliance.

REYNANTE B. ORCEO
Undersecretary
Chairperson, Drug-Free Workplace
and Assessment Committee

Encl.: As stated.

REALC / PJB
REALC files / DDB matters / NADPA : Memo to agencies on drug testing.doc
 Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

MEMORANDUM CIRCULAR NO. ________

TO : Undersecretaries / Assistant Secretaries

Heads of Concerned Attached Agencies
Prosecution Staff of the Office of the Secretary
Regional / City / Provincial Prosecution Offices
Chiefs of Service / Staff in the Office of the Secretary
All Concerned

SUBJECT : INSTITUTIONALIZATION OF THE “DRUG-FREE WORKPLACE POLICY” AND

ADOPTION OF “GUIDELINES IN THE CONDUCT OF DRUG TESTING PROGRAM”
IN THE DEPARTMENT OF JUSTICE

DATE : 05 September 2016

1.0 Reference

The Department of Justice, as the principal law agency of the government, hereby undertakes to
institutionalize its “Drug-Free Workplace Policy” and to adopt these “Guidelines in the Conduct of Drug
Testing Program” pursuant to the provisions of the following laws and regulations:

1.1 Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002” and its Implementing Rules and Regulations.

1.2 Office of the President of the Philippines, Memorandum Circular No. 89, dated 17 December
2015, entitled, “Implementation and Institutionalization of the National Anti-Drug Plan of
Action.”

1.3 Dangerous Drugs Board (DDB) Board Regulation No. 2, dated 26 March 2004, entitled:
“Guidelines for the Formulation and Implementation of a Drug-Free Workplace Program and
the Conduct of Authorized Drug Testing by All Offices, Bureaus and Agencies of the National
and Local Governments, Government-Owned and Controlled Corporations and other
Institutes of Learning Including the State Colleges and Universities.”

1.4 Civil Service Commission (C5C) Memorandum Circular No. 13, series of 2010 with reference
to CSC Resolution No. 101359 dated 06 July 2010 on the subject, “Guidelines for a Drug-
Free Workplace in the Bureaucracy".

DRUG-FREE WORKPLACE POLICY

2.0 Purpose

To promote a safe and healthy drug-free work environment as well as to prevent drug abuse in the
workplace through an institutionalized "Drug-Free Workplace Policy" and effective drug testing program
which shall be carried out not to harass but rather, to prevent the entry of illegal drugs and the abuse
thereof in the Department.

3.0 Policy Statement

It is the policy of the Department to protect its offices and safeguard the well-being of its officials and
employees from the harmful effects of dangerous drugs and the threats posed by drug abuse in the
workplace.

Toward this end, the Department shall adopt and implement an effective anti-drug abuse programs,
projects and activities to include, among others, advocacy, education, trainings, general health and
welfare programs and the conduct of drug testing in the workplace.

4.0 Coverage

This policy and guidelines shall apply to all officials and employees of the Department, regardless of
status or position and to include those who will apply for positions in the DOJ in accordance with Civil
Service rules and regulations.

All officials and employees of the following attached agencies which are under the administrative
supervision of the Secretary of Justice are likewise covered by this policy and these guidelines:

Bureau of Corrections (BuCor)

Bureau of Immigration (BI)
Board of Pardons and Parole (BPP)
National Bureau of Investigation (NBI)
Parole and Probation Administration (PPA)
Presidential Commission on Good Government (PCGG)
Land Registration Authority (LRA)
Office of the Government Corporate Counsel (OGCC)

5.0 Definition of Terms

5.1 Authorized Drug Test - The testing 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. It shall employ, among others, two (2) testing methods, the
screening and confirmatory tests. The examination of a person’s urine specimen to
determine the presence of dangerous drugs shall be done by any government forensic
laboratories or by any of the drug testing laboratories accredited and monitored by the
DOH.

5.2 Center - Any of the treatment and rehabilitation centers which undertake treatment,
aftercare and follow-up treatment of drug dependents. It includes institutions, agencies
and the like whose purposes are: the development of skills, arts and technical know-how,
counselling and/or inculcating civic, social and moral values to drug dependent patients,
with the aim of weaning them away from dangerous drugs and keeping them drug-free,
adapted to their families and peers and readjusted into the community as law abiding,
useful and productive citizens.
 5.3 Confirmatory Drug Test - An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and
confirm the result of the screening test. It refers to the second or further analytical
procedure to more accurately determine the presence of dangerous drugs in a specimen,
which shall likewise be done by any government laboratory or by privately owned and
operated drug testing laboratories accredited and monitored by the DOH having
confirmatory test capabilities.

5.4 Dangerous Drugs - Include those listed in the attached annex which is an integral part of
RA 9165, as amended from time to time.

5.5 Drug Test Certificate – A declaration / statement of the result of the drug test issued by
accredited drug testing centers. It shall be valid for a one-year period from the date of
issue and which may be used for other purposes, as referred to in Section 36, Article III
of R.A. 9165.

5.6 "For Cause" or “Probable Cause" Drug Test – Drug testing required when there is a
"probable cause" or "reasonable ground” to believe that a person is using or is under the
influence of dangerous drugs.

5.7 Mandatory Drug Test - Compulsory submission of an employee for druq testing as
required by RA 9165 and by the Department’s internal rules and regulations.

5.8 Random Drug Test - Subjection of personnel for following no specific pattern and without
prior notice/information.

5.9 Rehabilitation – A dynamic process including aftercare and follow-up treatment directed
towards treatment directed towards the physical vocational, social and spiritual change of
a drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest
life compatible with his/her capabilities and potentials and render a law abiding and
productive member of the community.

5.10 Screening Drug Test – A rapid drug test performed to establish potential or presumptive
positive result. It refers to the immunoassay test to eliminate a "negative" specimen, i.e.,
one without dangerous drugs, from further consideration and to identify the
presumptively positive specimen that requires confirmatory test.

5.11 Treatment —Medical service rendered to a patient for the effective management of
physical and mental conditions arising from his/her drug use.

5.12 Workplace – a place where work is usually performed.

6.0 Responsibilities of the Office / Agency under the Policy

6.1 Adopt a continuing and sustainable substance abuse awareness program to inform its
employees about:
6.1.1 Its policy of maintaining a drug-free workplace;
 6.1.2 The dangers posed by the abuse of dangerous drugs; and
6.1.3 The consequences, penalties, and administrative sanctions in violation thereof.
6.2 Conduct various activities to encourage their respective employees to lead a healthy
lifestyle while at work and at home, such as:
6.2.1 Lifestyle assessment programs on health, nutrition, weight management, stress
management, alcohol abuse, smoking cessation and other indicators of risk
diseases;
6.2.2 Health wellness screenings (e.g., blood pressure and heart rate, cholesterol test,
blood glucose, etc.);
6.2.3 Sports, recreational and fun-game activities; and
6.2.4 Other activities promoting health and wellness
6.3 Distribute a copy of the Policy and Guidelines to each employee;
6.4 Create a Drug-Free Workplace Committee or Assessment Committee; and
6.5 Display a Billboard at a strategic place in the office with the message: “THIS IS A DRUG-
FREE WORKPLACE. LET’S KEEP IT THAT WAY.”

7.0 Responsibilities of the Employees and the Officials of the Office / Agency

7.1 Any government employee must never possess and/or use dangerous drugs and other
substances of abuse.
7.2 Any government employee must not directly or indirectly sell, give, provide or administer
any dangerous drugs and/or other substance of abuse to his/her co-employees or others
and/or to commit or abet/aid in the commission of any unlawful acts penalized under RA
9165.
7.3 The officials and employees must faithfully abide by the terms of this Policy and the
Guidelines as a condition for continued employment.
7.4 The employees must voluntarily seek treatment and rehabilitation if they have problems
related to dangerous drugs.
7.5 To advocate against drug abuse.
7.6 To help maintain a drug free workplace.

8.0 Composition, Duties and Responsibilities of the Committee

8.1 The Drug-Free Workplace Committee or Assessment Committee shall be composed of the
following:
8.1.1 Head of Office or Representative
8.1.2 Representative of the Employees’ Union/Association
8.1.3 Head of the Personal Department or Representative
8.1.4 Head of the Medical Department or Representative
8.2 The Committee shall undertake the following duties and responsibilities:
8.2.1 To oversee the formulation and implementation of the drug abuse policy in the
agency;
8.2.2 Initiate training programs for supervisors;
8.2.3 Initiate continuing education and awareness program for the employees; and
8.2.4 Initiate and adopt value formation, family enhancement and such other related
and relevant programs.
 GUIDELINES ON DRUG TESTING PROGRAM

9.0 Authorized Drug Test Procedures

The authorized drug test is the testing done by any government forensic laboratories or by any of the
drug testing laboratories accredited and monitored by the Department of Health (DOH) to safeguard the
quality of test results. It shall employ, among others, two (2) testing methods: the screening test which
will determine the positive result well as the type of drug used and the confirmatory test which will
confirm a positive screening test.

10.0 Mandatory Drug Test

Mandatory drug test is the compulsory submission of an official or employee for drug testing under the
law which is conducted in any of the following instances, to wit:

10.1 Pre-employment
10.2 Persons in high-risk/decision-making positions to include among others, the following:
Secretary of Justice
Undersecretaries
Assistant Secretaries
Prosecutor General
Senior Deputy State Prosecutor
Regional/Provinciai/City Prosecutors and their Deputies
Chief State Counsel
Assistant Chief State Counsel
Heads of DOJ Attached Agencies/Offices
Heads of Departments/Services (Technical, Administrative, Financial, PMS, IAS)

10.3 Past history of drug abuse

10.4 Involvement in accidents
10.5 Discovery of dangerous drugs/drug paraphernalia in their persons or workstations
10.6 Detention by police/filling of charge in court for drug-related cases
10.7 As a requirement for promotion
10.8 Employees reporting to work after undergoing rehabilitation in a treatment and
rehabilitation center.

11.0 Random Drug Test

Random drug test is the subjection of personnel for drug testing:

11.1 Without prior notice or information of the date and venue of the drug test;
11.2 On selected employees chosen by the Committee until all officials and employees have
undergone the test; and
11.3 Under random selection process or procedure with no specific pattern.
11.4 Regardless of whether the personnel had just undergone random drug test, the same
shall also be conducted "for cause” or “probable cause” when there is reasonable ground
to believe that a random drug test is necessary, e.g.:
 11.4.1 Attendance - frequent unauthorized tardiness, absences, repeated tardiness,
truancy from the job
11.4.2 Personal Appearance - slurred speech, bloodshot eyes, drastic change in
appearance, etc.
11.4.3 Mental Factor - hot-headedness, irritability, increased difficulty in handling
assignments, etc.
11.4.4 General Performance - missed deadlines, low productivity, increased wastage,
public complaints, frequent accidents, carelessness, etc.
11.4.5 Peer Relations – isolation, frequent quarrels with officemates, heavy borrowing,
frequent mood swings, etc.

12.0 Procedure in the Conduct of the Random Drug Test in the Workplace

12.1. The Committee will notify the randomly selected officials or employees to undergo a
urine test to the venue specified by the Committee. (Annex A: Notice of Drug Testing)
12.2. The selected officials/employees must immediately report for the drug test. Thus, the
date of the drug testing in the Notice should be the same date the Notice was tendered
to the officials or employees.
12.3. If the concerned official or employee refuses to acknowledge receipt of the Notice, the
notice server shall leave a copy of the Notice to the said official or employee and execute
an affidavit attesting to the fact that the Notice was served but the official or employee
refused to acknowledge its receipt. (Annex B: Affidavit of Sevice).
12.4. The drug test shall be conducted by any government drug testing laboratory or by any
drug-testing laboratory accredited and monitored by the Department of Health (DOH).
12.5. The selected officials/employees shall fill-up and sign the consent and chain of custody
form issued to them.
12.6. The urine specimen bottles must be properly labelled to contain the name, ID number,
employment number, position, date and the time when the urine sample was taken.
12.7. The urine sampling must be done in an area where manipulation (e.g. adding water) is
not possible.
12.8. The urine specimen/sample which tested positive after the screening test must be
properly labelled and must be kept separately from the samples that tested negative for
dangerous drugs.
12.9. All urine samples which tested positive must be submitted for confirmatory testing to a
laboratory of choice of the Committee having the confirmatory capability using the same
urine sample.
12.10. After the confirmatory test, the same urine sample must be kept for the purpose of
challenging the result.
12.11. After the test is conducted, a drug test result shall be issued by the drug testing
laboratory directly to the Committee and not to the person tested.
12.12. The result of the drug test must be signed by the authorized signatory of the laboratory,
the employee/official concerned and a witness.
12.13. No further action is needed when the result is negative. The Drug Test Certificate is good
for one (1) year and could be used for other purposes.

13.0 Procedure in Handling a Positive Result After Confirmatory Test

 13.1. If a urine sample has tested positive for dangerous drugs after a confirmatory test, such
result shall immediately be made known to the Committee Chairman or to the Secretary.
13.2. Upon receipt of the result, the same shall be made known to the employee/official
concerned.
13.3. The Department shall then take the appropriate action in accordance with the Drug-Free
Workplace Policy.
13.4. All records must strictly be held confidential as provided for under the pertinent
provisions of RA 9165.

14.0 Monitoring

The Department through the Committee shall submit to the Dangerous Drugs Board a yearly compliance
report on the drug testing activities conducted. The report shall include the number of personnel who
have already undergone testing, the dates and the names of drug testing laboratories that conducted the
test.

15.0 Confidentiality of records

15.1. All results of the drug test conducted by drug testing laboratories shall remain strictly
confidential.
15.2. Government officials, employees and/or any person who breach the confidentiality of any
drug test result shall be charged in accordance with Section 72 of RA 9165.

16.0 Funding / Cost Requirements

The initial cost of the drug testing shall be funded in the current budget of the Department, or the
concerned attached agencies. The succeeding funding requirement shall be included in the annual
budgetary appropriation.

17.0 Administrative Interventions

17.1. Any official or employee found positive for use of dangerous drugs shall be subjected to
disciplinary/administrative proceedings with a penalty of dismissal from the service at
first offense pursuant to Sec. 46 (b) (19) of Book V of E.O 292 and Section 22 (c) of its
Omnibus Rules.
17.2. Non-submission of any official or employee for the annual authorized drug testing may
be dealt with administratively and shall be a ground for misconduct in office.
17.3. Within three (3) days from the supposed conduct of the subject drug testing, the
Committee shall require the official or employee to explain his refusal to submit
himself/herself to the authorized drug testing within a non-extendible period of three (3)
days. Failure of the official or employee to submit his/her justification shall likewise be a
ground for administrative sanction. Thereafter, the Committee shall submit a report to
the Secretary of this Department.
17.4. Any member of the Committee or official or employee of the Department who shall
prematurely disclose the date, venue, the drug testing center/laboratory and the name of
the employee/official to be subjected to random drug testing shall be dealt with in
 accordance with the CSC rules and regulation, R.A 9155 and RA 5713, otherwise known
as the "Code of Conduct and Ethical Standards for Public Officials and Employees".

18.0 Affirmation and Commitment to the Guidelines

All officials and employees of the Department and attached agencies shall read this “Drug-Free
Workplace Policy" and these "Guidelines on Drug Testing Program" and sign the Confirmation/Affirmation
and Commitment to the Policy/Guidelines. (Annex C)

19.0 Effectivity

This Policy and these Guidelines shall take effect immediately and shall remain in force until further
orders.

VITALIANO N. AGUIRRE II
Secretary
 ANNEX A

NOTICE OF RANDOM DRUG-TESTING

Name : ________________________________________
Position/Office : _______________________________________________

Pursuant to Department Circular No. [ ] dated [ ], you are hereby instructed to

undergo drug-testing and report to the following drug-testing laboratory on the specified date and time.

Laboratory : _______________________________________________
Date : ___________________
Time : ___________________

____________________________________
Chairman, Drug-Free Workplace Committee

Received by:

_______________________________ _____________________________
(Signature over printed name) (Date)
 ANNEX B

Republic of the Philippines)

City of ________________)S.S.

AFFIDAVIT OF SERVICE

I, ____________________, of legal age, an employee of the Department of Justice, Manila, Philippines,

after having been duly sworn in accordance with law, hereby depose and say:

That I was tasked to serve the Notice of Random Drug Testing conducted under the auspices of the
Drug-Free Workplace Committee of the Department;

That in my aforementioned capacity, I personally served a copy of the said Notice on _______ to
____________________ who was scheduled to undergo drug testing on the day, time and place
indicated in the Notice. A copy of the said Notice is hereto attached.

That the said official or employee, while present and within the premises of his designated workstation,
refused to acknowledge receipt of the Notice. Nonetheless, I left a copy of the Notice to the said official
or employee.

IN WITNESS WHEREOF, I have hereunto set my hand this __________________ at

__________________, Philippines.

_______________________
Affiant

SUBSCRIBED AND SWORN to before me, this ____________________ in the City of _____________
affiant exhibiting before me his DOJ-issued identification card, issued at _____________________ with
an expiry date of _________________.
 ANNEX C

Confirmation / Affirmation and Commitment to the DOJ “Drug-Free Workplace Policy” and
“Guidelines on Drug Testing Program”

As an official/employee of the Department of Justice, I hereby certify that I personally received and read
the “Drug-Free Workplace Policy” and “Guidelines on Drug Testing Program” dated ___________ and
affirm and confirm my commitment to unconditionally abide to all that is provided therein and I shall be
answerable to the Department for whatever violation that I may commit.

Name of Signature of Date Received Attested by the

Official/Employee Official/Employee Employee Personally
Serving the
Policy/Guidelines with
his/her Signature