Social Justice Society v.
Dangerous Drugs Board qualification requirements for senator, enumerated under Section 3, Article
GR Nos. 157870, 158633, 161658
November 3, 2008
Facts:
Petitioners question the constitutionality of Section 36 of RA 9165, a.k.a. the
Comprehensive Drugs Act of 2002. Section 36 requires mandatory drug
testing of candidates for public office, students of secondary and tertiary
schools, officers and employees of public and private offices, and persons
charged before the prosecutor’s office with certain offenses, particularly
those who are charged with offenses punishable by a penalty of not less than
6 years and 1 day of imprisonment.
On December 23, 2003, COMELEC issued Resolution 6486, which provides
the rules on the mandatory drugs testing of candidates for public office. It
requires the COMELEC offices and employees concerned to submit two
separate lists of candidates: one for those who complied with the mandatory
drug testing and the other of those who failed to comply.
It was Aquilino Pimentel, Jr. who opposed such resolution, contending that it
was unconstitutional as it imposes an additional qualification for senators.
Issues:
1. Do Section 36(g) of RA 9165 and COMELEC Resolution 6468 impose an
additional qualification for candidates for senator?
2. Is RA 9165 unconstitutional?
Ruling:
1. Yes. The COMELEC cannot, in the guise of enforcing and administering
election laws or promulgating rules and regulations to implement Section 36,
validly impose qualifications on candidates for senator in addition to what
the Constitution provides. The COMELEC resolution effectively enlarges that
VI of the Constitution.
2. The provision of RA 9165 requiring mandatory drug testing for students
(Section 36[b]) are constitutional as long as they are random and
suspicionless. This is because schools and their administrators stand in loco
parentis with respect to their students, and schools have the right to impose
conditions on applicants for admission that are fair and non-discriminatory.
The provision requiring mandatory drug testing for officers and employees
of public and private offices (Section 36[d]) are also justifiable. The privacy
expectation in a regulated office environment is reduced. A degree of
impingement upon such privacy has been upheld. To the Court, the need for
drug testing to at least minimize illegal drug use is substantial enough to
override the individual’s privacy interest under the premises.
On the other hand, the Court finds no justification in the mandatory drug
testing of those prosecuted for crimes punishable by imprisonment of more
than 6 years and 1 day (Section 36[f]). The operative concepts in the
mandatory drug testing are randomness and suspicionless. In this case, it
cannot be said that the drug testing is random. To impose mandatory drug
testing on the accused is a blatant attempt to harness a medical test as a tool
for criminal prosecution, contrary to the stated objectives of RA 9165.
In sum, Section 36(c) and (d) are constitutional, but 36(f) is not