REPUBLIC OF THE PHILIPPINES

PROVINCE OF ILOILO
ILOILO CITY

SANGGUNIANG PANLALAWIGAN

EXCERPTS FROM THE MINUTES OF THE 12 th REGULAR SESSION OF THE 14th

SANGGUNIANG PANLALAWIGAN NG ILOILO HELD IN THE SESSION HALL OF THE NEW
ILOILO PROVINCIAL CAPITOL, BONIFACIO DRIVE, ILOILO CITY ON SEPTEMBER 20, 2022.

PRESENT:
Hon. Christine “Tingting” S. Garin,
Presiding Officer
Hon. Domingo B. Oso, Jr., Floor Leader
Hon. June S. Mondejar, Member
Hon. Rolito C. Cajilig, Member
Hon. Matt P. Palabrica, Member
Hon. Rolando B. Distura, Member
Hon. Ramon G. Sullano, Member (President, PCL)
Hon. Dorothy G. Paes, Member (Pres., Liga ng mga Brgy.)

ON OFFICIAL BUSINESS:
Hon. Marcelo Valentine S. Serag, Member

ON LEAVE:
Hon. Jason R. Gonzales, Member
Hon. Binky April M. Tupas, Member
Hon. Carol-V S. Espinosa-Diaz, Member
Hon. Ma. Angelica Bianca B. Requinto-Espinosa, Member (President, PPSK)

RESOLUTION NO. 2022-553

RESOLUTION EMBODYING PROVINCIAL ORDINANCE NO. 2022-282, AN

ORDINANCE INSTITUTIONALIZING A DRUG–FREE WORKPLACE IN THE
PROVINCE OF ILOILO

Authored and sponsored by: Hon. June S. Mondejar

Co-authored by: Hon. Christine S. Garin
Co-sponsored by: Hon. Rolando B. Distura

WHEREAS, Article III, Section 36 (d) of Republic Act 9165, otherwise known as
“Comprehensive Dangerous Drugs Act of 2002”, provides that officers and employees of public
and private offices, whether domestic or overseas, shall be subjected to undergo a random drug
test as contained in the company’s work rules and regulations, which shall be borne by the
employer, for purposes of reducing the risk in the workplace;

WHEREAS, Memorandum Circular No. 13, Series of 2017 issued by the Civil Service
Commission provides for the guidelines in the Mandatory Random Drug Test for Public
Officials and Employees and for Other Purposes to ensure that government agencies remain
drug-free by subjecting public officials and employees to a random mandatory drug test, as a
condition for continuous employment and, to this end, the government and the public will be
ensured of effective and efficient service free from the hazards of drug use in the work place;

WHEREAS, Section 4 of Executive Order No. 66, Series of 2018 provides that all local
government units shall adopt their respective Drug–Free Workplace Programs and conduct
authorized drug testing among their respective officials and personnel in accordance with the
provisions of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as
amended;

WHEREAS, Regulation No. 13, Series of 2018 issued by the Dangerous Drugs Board
mandates the creation of drug–free workplace policies in all government offices, especially local
government units, including the conduct of authorized drug testing, to ensure that all public

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Resolution No. 2022-553
Provincial Ordinance No. 2022-282
An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

officers remain drug free and that the general public be assured of effective and efficient service
from the government;

WHEREAS, Department Order No. 53-03, Series of 2003 issued by the Department of
Labor and Employment provides for the guidelines for the implementation of a drug-free work
place policies and programs for the private sector;

NOW THEREFORE, on motion of the Honorable Domingo B. Oso, Jr., Floor Leader,
and upon the authorship and sponsorship of the Honorable June S. Mondejar and co-authorship
of the Honorable Christine “Tingting” S. Garin and co-sponsorship of the Honorable Rolando B.
Distura, which was unanimously seconded,

BE IT RESOLVED, as it is hereby Resolved, by the 14th Sangguniang Panlalawigan ng

Iloilo to enact the following Provincial Ordinance:

PROVINCIAL ORDINANCE NO. 2022-282

AN ORDINANCE INSTITUTIONALIZING A DRUG–FREE WORKPLACE IN THE

PROVINCE OF ILOILO

SECTION 1. Short Title. This Ordinance shall be known as the “Drug-Free Workplace
Ordinance in the Province of Iloilo.”

SECTION 2. Objective. This Ordinance aims to ensure that officials and employees of
the Iloilo Provincial Government (IPG), component city/municipal governments, national
government agencies, government-owned and controlled corporations, state universities and
colleges and private offices and establishments within the territorial jurisdiction of the Province
of Iloilo remain drug-free in order to continuously provide effective and efficient services to the
people.

SECTION 3. Scope. This Ordinance covers all officials and employees of the IPG
including contract of service, job order support services and job order workers, local government
units, national government offices, government-owned and controlled corporations, state
universities and colleges, and private offices and establishments within the territorial jurisdiction
of the Province of Iloilo.

ARTICLE I

SECTION 4. Definition of Terms. For the purpose of this Ordinance, the following
terms are defined as follows:

a. Authorized Drug Testing – the testing done by any government forensic laboratory
or a drug testing laboratory accredited by the Department of Health. It shall employ,
among others, two (2) testing methods, the screening test, which will determine the
positive test result as well as the type of drug used, and the confirmatory test, which
shall confirm a positive screening test.

b. Challenge Test – a drug test conducted as a result of a challenge filed by a

public/private official or employee who tested positive for drug use in a confirmatory
test in an authorized drug testing activity.

c. Confirmatory 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.

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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

d. Contract of Service (COS) – refers to the engagement of the services of an

individual, private firm, other government agency, non-governmental agency or
international organization as consultant, learning service provider or technical expert
to undertake special project or job within a specific period.

e. Dangerous Drugs – include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of Republic Act No. 9165
or the Comprehensive Dangerous Drugs Act of 2002, as amended.

f. Drug Dependency Examination – refers to the examination conducted by a physician

accredited by the DOH to evaluate the extent of drug use of a person and to determine
whether he/she is a drug dependent or not, which includes history taking, intake
interview, determination of criteria for drug dependency, mental and physical status,
and the detection of dangerous drugs in body specimens through laboratory
procedures.

g. Employee Assistance Program – a program that offers assistance to government

officials or employees who have alcohol or drug–related issues and problems that may
affect work performance. It shall be jointly implemented by the agency, the
employees, and employees’ union.

h. Intervention – refers to treatment, such as guidance counseling, regular monthly drug

testing, rehabilitation, etc.

i. Job Order (JO) – refers to piece work or intermittent or emergency jobs such as
janitorial and ground maintenance, clearing of debris on roads, canals, waterways after
natural/man-made disasters/occurrences other manual/trades and crafts services
including but not limited to carpentry, plumbing, electrical and the like. These jobs are
of short duration and for specific piece of work.

j. Job Order Support Services (JOSS) – shall include IT support, data management,
data encoding, project support, and other services that support the day-to-day
operations of the Agency, such as but not limited to security, driving, and equipment
maintenance.

k. Mandatory Drug Testing – compulsory submission of incumbent public/private

officials or employees or prospective employee to drug testing as mandated by this
Ordinance.

l. Private Officials or Employees – refer to officials or employees of private offices,

establishments, companies, corporations, institutions, etc.

m. Public Officials and Employees – refer to any person holding or performing a public
function, either elected or appointed, in the legislative, executive or administrative
office in the local government units and national government, including officials and
employees of national government agencies, government-owned and controlled
corporations and state colleges and universities.

n. Random Drug Testing – drug testing where the selection process results in equal
probability that any employee from a group of employees will be tested, and without
any prior notice of the date and venue.

o. Screening Test – a rapid drug test performed to establish potential or presumptive

positive result. It refers to the immunoassay test to eliminate a “negative” specimen,
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Provincial Ordinance No. 2022-282
An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

i.e. one without the presence of dangerous drugs, from further consideration and to
identify the presumptively positive specimen that requires confirmatory test.

ARTICLE II

DRUG - FREE WORKPLACE IN ILOILO PROVINCIAL GOVERNMENT

SECTION 5. Creation and Composition of the Drug-Free Workplace Committee.

There shall be a Drug-Free Workplace Committee to be created by the Governor. The
Committee shall be composed of the following:

Chairperson: Governor or his duly authorized representative

Co-chairperson: Provincial Administrator

Members:
a. Human Resource Management and Development Officer
b. Provincial Health Officer or her duly authorized representative
c. President of the Association of Iloilo Provincial Government Employees
d. Action/Focal Person of the Provincial Anti–Drug Abuse Council
(PADAC)
e. Leader of the Assessment Team
f. Provincial Legal Officer

SECTION 6. Functions. The Drug–Free Workplace Committee shall have the following
functions, to wit:

a. Cause the dissemination of this Ordinance to all employees of the IPG;

b. Ensure allocation of budget necessary for the effective implementation of
this Ordinance;
c. Implement, monitor, control and evaluate the enforcement of this
Ordinance;
d. Propose to the Sangguniang Panlalawigan any amendment for the
sustainable and effective implementation of this Ordinance; and,
e. Perform such other functions deemed necessary for the effective
implementation of this Ordinance.

SECTION 7. Establishment of an Assessment Team. There shall be an Assessment

Team to be created by the Governor. The assessment team shall be composed of the personnel
with educational and training background on medicine, psychology, social work, and human
resources administration. The leader of the assessment team shall automatically become a
member of the Drug–Free Workplace Committee. This team shall assist in the conduct of
substance abuse awareness and prevention programs, implement the Employee Assistance
Program for public officials or employees who wish to undergo drug use intervention, and
perform other functions to be delegated by the Drug–Free Workplace Committee.

SECTION 8. Aspects of the Drug–Free Workplace Policy

a. Pre–Employment Drug Testing – Mandatory drug testing shall remain an essential

requirement for initial entry into government service. Any applicant found positive
for drug use shall be denied entry to government service.

b. Substance Abuse Awareness and Prevention Program – The Assessment Team shall
initiate and implement this program to ensure that personnel are properly informed
on the evils of drug use, including its physical, mental, social, and legal implications.

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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

c. Authorized Drug Testing – The Assessment Team shall implement a random

selection procedure in order to determine public official or employee who shall
undergo drug testing.

d. Employee Assistance Program – Any public official or employee, prior to the

conduct of Authorized Drug Testing, may seek intervention through the Employee
Assistance Program, which shall provide referrals and additional services to the
personnel concerned. A drug dependency examination shall be conducted in order to
determine the extent of drug use, among others, and the applicable intervention.
However, public officials and employees who are found positive of dangerous drugs
at the first instance after the challenge test, or after positive drug result from a
confirmatory test should the concerned public official or employee fail to challenge
said result, shall also undergo drug dependency examination and be subjected to
appropriate intervention.

SECTION 9. Guidelines in the Conduct of Authorized Drug Testing

a. The Governor, upon recommendation of the Drug-Free Workplace Committee, shall

determine the frequency and dates for the conduct of an authorized drug testing
activity. Information relating to frequency and dates of drug testing shall be treated
with utmost confidentiality.

b. Public Official or Employee selected to undergo drug testing shall immediately

report to the Assessment Team. Public Official or employee who, without any
justifiable reason, fails to report for drug testing shall be sanctioned.

c. Upon discovery that a urine sample tested positive for use of dangerous drugs after
confirmatory testing, the result shall immediately be made known to the Governor or
his duly authorized representative, who shall notify the public official or employee
concerned. The public official or employee shall have fifteen (15) days from receipt
of notice to challenge the result of the confirmatory test. Using the same specimen, a
challenge test shall be conducted by a drug testing laboratory accredited by the
DOH. All expenses incurred in the conduct of the challenge test shall be borne by the
concerned public official or employee.

d. A positive drug test result from the challenge test is deemed final. Failure to file a
challenge within the prescribed period shall make the positive drug test result from
the confirmatory drug test final. In both preceding instances, the public official or
employee shall be subjected to drug dependency examination and applicable
intervention.

SECTION 10. Frequency of the Conduct of Drug Testing. Subsequent random drug
testing shall be periodically conducted in an interval of two (2) years.

ARTICLE III

DRUG-FREE WORKPLACE IN THE COMPONENT CITY AND MUNICIPAL

GOVERNMENTS OF THE PROVINCE OF ILOILO

SECTION 11. Formulation of Drug-Free Workplace Policies and Programs.

Component City and Municipal Governments of the Province of Iloilo shall formulate and
implement drug abuse prevention and control policies and programs so that the local government
units and the public will be ensured of effective and efficient service, free from the hazards of drug use
in the workplace in which one of such policies and programs is to conduct authorized drug
testing among their respective officials and employees.

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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

SECTION 12. Authorized Drug Testing.

a. The Mayor shall determine the frequency and dates for the conduct of an authorized
drug testing activity. Information relating to frequency and dates of the drug testing
shall be treated with utmost confidentiality.

b. A team or committee to be created by the Mayor shall conduct the random selection
of the public officials and employees who shall undergo drug testing.

c. The drug test shall only be conducted by a government drug testing laboratory or by a
drug testing laboratory duly authorized and accredited by the DOH.

d. Drug testing shall consist of both the screening test and the confirmatory test; the latter
to be carried out should the screening test turn positive. A drug test result from the
confirmatory test shall immediately be made known to the Mayor or to his/her duly
designated employee who shall then notify the concerned public official or employee.

e. Public official or employee with positive result shall have fifteen (15) days from
receipt of notice to challenge the result of the confirmatory test. Using the same
specimen, a challenge test shall be conducted by a drug testing laboratory accredited
by the DOH. All expenses incurred in the conduct of the challenge test shall be borne
by the concerned public official or employee.

f. A positive drug test result from the challenge test is deemed final. Failure to file a
challenge within the prescribed period shall make the positive drug test result from
the confirmatory drug test final. In both preceding instances, the public official or
employee shall be subject to drug dependency examination and applicable
intervention.

SECTION 13. Frequency of the Conduct of Drug Testing. Subsequent random drug
testing shall be periodically conducted in an interval not to exceed two (2) years.

ARTICLE IV

DRUG-FREE WORKPLACE IN NATIONAL GOVERNMENT AGENCIES,

GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS AND STATE
UNIVERSITIES AND COLLEGES

SECTION 14. Formulation of Drug-Free Workplace Policies and Programs –

National Government Agencies (NGAs), Government-Owned and Controlled Corporations
(GOCCs) and State Universities and Colleges (SUCs) having office within the territorial
jurisdiction of the Province of Iloilo shall formulate and implement drug abuse prevention and
control policies and programs so that these national government agencies, government-owned
and controlled corporations and state universities and colleges will be ensured of effective and
efficient service, free from the hazards of drug use in the workplace in which one of such policies
and programs is to conduct authorized drug testing among their respective officials and
employees.

SECTION 15. Authorized Drug Testing.

a. The Head of NGA/GOCC/SUC shall determine the frequency and dates for the
conduct of an authorized drug testing activity. Information relating to frequency and
dates of the drug testing shall be treated with utmost confidentiality.

b. A team or committee to be created by the Head of NGA/GOCC/SUC shall conduct

the random selection of the public officials and employees who shall undergo drug
testing.
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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

c. The drug test shall only be conducted by a government drug testing laboratory or by a
drug testing laboratory duly authorized and accredited by the DOH.

d. Drug testing shall consist of both the screening test and the confirmatory test; the latter
to be carried out should the screening test turn positive. A drug test result from the
confirmatory test shall immediately be made known to the Head of
NGA/GOCC/SUC or to his/her duly designated employee who shall then notify the
concerned public official or employee.

e. Public official or employee with positive result shall have fifteen (15) days from
receipt of notice to challenge the result of the confirmatory test. Using the same
specimen, a challenge test shall be conducted by a drug testing laboratory accredited
by the DOH. All expenses incurred in the conduct of the challenge test shall be borne
by the concerned public official or employee.

f. A positive drug test result from the challenge test is deemed final. Failure to file a
challenge within the prescribed period shall make the positive drug test result from
the confirmatory drug test final. In both preceding instances, the public official or
employee shall be subject to drug dependency examination and applicable
intervention.

SECTION 16. Frequency of the Conduct of Drug Testing. Subsequent random testing
shall be periodically conducted in an interval not to exceed two (2) years.

SECTION 17. Officers and Members of the Military, Police and Other Law
Enforcement Agencies. Section 15(e) and (f) of this Article may not be applied to the officers
and members of the military, police and other law enforcement agencies which shall be subjected
to DDB Regulation No. 13 s. 2018.

ARTICLE V

DRUG-FREE WORKPLACE IN PRIVATE OFFICES/ESTABLISHMENTS

SECTION 18. Formulation of Drug-Free Workplace Policies and Programs - It shall

be mandatory for all private establishments employing ten (10) or more workers to formulate and
implement drug abuse prevention and control programs in the workplace, including the
formulation and adoption of company policies against dangerous drug use. Establishments with
less than ten (10) workers are also encouraged to formulate and adopt drug-free policies and
programs in the workplace.

SECTION 19. Components of a Drug-Free Workplace Policies and Programs -

Workplace policies and programs on drug abuse prevention and control to be adopted by private
offices/establishments shall include, among others, the following components:

a. Advocacy, Education and Training

1. Employers shall be responsible for increasing awareness and education of their

officers and employees on the adverse effects of dangerous drugs as well as the
monitoring of employees susceptible to drug abuse. Topics which may be included
in the orientation-education program shall include, among others, the following:

i. Salient Features of RA 9165 (the Act) and its Implementing Rules and
Regulations (IRR);

ii. The company policies and programs on drug-free workplace;

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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

iii. Adverse effects of abuse and/or misuse of dangerous drugs on the person,
workplace, family and the community;

iv. Preventive measures against drug abuse; and,

v. Steps to take when intervention is needed, as well as the services available

for treatment and rehabilitation.

2. Training on prevention, clinical assessment, and counseling of workers and other

related activities shall be given to occupational safety and health personnel, the
human resources manager and the employers and workers representatives. These
trained personnel shall form part of an Assessment Team which shall address all
aspects of drug abuse prevention, treatment and rehabilitation.

3. In the absence of such capability, particularly in small establishments, DOLE shall,

to the extent possible, provide relevant information on experts and services in their
localities.

b. Drug Testing Program for Officers and Employees

1. Employers shall require their officials and employees to undergo a random drug
test in accordance with the company’s work rules and regulations for purposes of
reducing the risk in the workplace. Strict confidentiality shall be observed with
regard to screening and the screening results.

2. Drug testing shall consist of both the screening test and the confirmatory test; the
latter to be carried out should the screening test turn positive. The employee
concerned must be informed of the test results whether positive or negative.

3. Drug testing shall conform to the procedures as prescribed by the Department of

Health (DOH) and be conducted on the DOH accredited laboratory.

4. Where the confirmatory test turns positive, the company’s Assessment Team shall
evaluate the results and determine the level of care and administrative
interventions that can be extended to the concerned employee.

5. All cost of drug testing shall be borne by the employer.

SECTION 20. Confidentiality of Records. Any person who, having official custody of
or access to all data and information relative to the conduct of the authorized drug testing, or
anyone who, having gained possession of such data and information, reveals their content to any
person not authorized to have access thereto, shall be sanctioned accordingly hereof without
prejudice to the filing of criminal charges under R.A. 9165 and other relevant laws.

ARTICLE VI

PUNISHABLE ACTS AND PENALTIES

SECTION 21. Punishable Acts.

a. Any public/private official or employee who refuses, without any valid reason, to
submit himself/herself to authorized drug testing.

b. Any public/private official or employee who, after being tested positive of drug
use, shall refuse to undergo treatment or rehabilitation, or fails to complete his/her
treatment or rehabilitation program.
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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

c. Any public/private official or employee who for the second time has been tested
positive in a random drug test after completion of his/her treatment and/or
rehabilitation program or shall be found to have used dangerous drugs during the
prescribed period of intervention or rehabilitation.

d. Any public/private official or employee found to have tampered the result of a

drug test, interfered with the conduct of the drug test or in the release of drug test
results.

e. Any public/private official or employee who violated the confidentiality of

records.

f. Any personnel of the military, police and other law enforcement agencies found
positive for use of dangerous drug after the conduct of confirmatory test.

SECTION 22. Penalties for Public Officials and Employees.

a. Any public official or employee, except elective official, who committed Section
21(a) hereof shall be charged with the administrative offense of Gross
Insubordination.

b. Any public official or employee, except elective officials, officers and members of
the military, police and other law enforcement agencies, who committed any of
the punishable acts as provided in Section 21(b) and (c) hereof shall be charged
with the administrative offense of Grave Misconduct.

c. Any public official or employee, except elective official, who committed a

punishable act as provided in Section 21(d) hereof shall be charged with the
administrative offense of Grave Misconduct without prejudice to the filing of
criminal charge/s under R.A. 9165.

d. Any public official or employee, except elective official, who committed a

punishable act as provided in Section 21(e) hereof shall be charged with the
administrative offense of Grave Misconduct without prejudice to the filing of
criminal charge/s under R.A. 9165.

e. Any elective official who committed any of the punishable acts as provided in
Section 21 hereof shall be charged administratively as provided in Section 60 of
R.A. 7160.

f. Any officer or member of the military, police and other law enforcement agencies
who committed Section 21(f) hereof shall be subjected to
disciplinary/administrative proceedings with the penalty of dismissal from service
at first offense as provided in DDB Regulation No. 13 s. 2018.

SECTION 23. Penalties for Officials and Employees of Private Offices. Any official or
employee of any private offices/establishments, with ten (10) or more workers, who committed
any of the punishable acts as provided in Section 21 hereof shall be dealt with administratively in
accordance with the provisions of Article 282 of Book VI of the Labor Code and under RA 9165.

SECTION 24. Funding. The sum of Two Million Pesos (Php 2,000,000.00) included in
the annual budget of the Provincial Anti-Drug Abuse Council (PADAC) shall be appropriated
for the implementation of this Ordinance.

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An Ordinance Institutionalizing a Drug–Free Workplace in the Province of Iloilo

SECTION 25. Separability Clause – If for any reason or reasons, any part or provisions
of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby, shall continue to be full force and effect.

SECTION 26. Repealing Clause – Ordinances, resolutions, executive orders, and or

issuances which are inconsistent with any provision of this Ordinance are hereby repealed or
modified accordingly.

SECTION 27. Effectivity Clause – A copy of this Ordinance shall be posted in three (3)
conspicuous places within the Iloilo Provincial Capitol for three (3) consecutive weeks, and
published in a newspaper of general circulation. This Ordinance shall take effect on the day
following its publication, or at the end of the period of posting, whichever occurs later.

RESOLVED FURTHER, to furnish copies of this Resolution, the Honorable Governor

Arthur R. Defensor, Jr., the Honorable Vice Governor Christine S. Garin, all Local Chief
Executives of component Local Government Units (LGUs), the Provincial Anti-Drug Abuse
Council, the Department of Labor and Employment VI, and the Offices of the Provincial Legal
Officer, the Provincial Administrator, the Human Resource Management and Development
Officer, the Provincial Health Officer, the Association of Iloilo Provincial Government
Employee President, the Provincial Information and Community Affairs Officer, the Provincial
Budget Officer, the Provincial Treasurer, the Provincial Accountant, the Provincial Auditor, the
Honorable Rolando B. Distura, and the Honorable June S. Mondejar, all of the Province of Iloilo,
for their information and reference.

APPROVED.
---

I HEREBY CERTIFY to the correctness of the above-quoted Provincial Ordinance.

ALAN G. VILLANUEVA
Board Secretary V

CONCURRED BY: ATTESTED BY:

DOMINGO B. OSO, JR. CHRISTINE “Tingting” S. GARIN

Floor Leader Presiding Officer

APPROVED:

ARTHUR R. DEFENSOR, JR.

Governor
_________________________
Date

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