Republic of the Province of Dava MUNICIPALITY O} OFFICE OF THE SANG: Excerpt from the Minutes of the 19" Regular Session of the 20" Sangguniang Bayan of Lupon, Davao Oriental held at the S.B. Session Hall on November 14, 2022 at 9:21 o'clock in the moming. PRESENT: 4. Hon. Santos Q. Alonzo, Jr. = Municipal Vice Mayor (Presiding Officer) 2. Hon. John Erwin G.Montojo = SB Member 3. Hon. Hadi Bonso S.Barabag = - do wauniang Bayan 4, Hon. Capistrano “Dennis” V. Roflo, Jr- -do- 5. Hon. Cenen A. Angsinco ~ do 6. Hon. Reynaldo P. Suriba > doe 7. Hon. = doe 8, Hon. Generoso M. Rai - do. _Time: 102 P| 9. Hon. Reden P. Dacquiado = doe ATI 40. Hon. Clemente I. Ge = Liga ng mga Brgy. President/Ex-officio Member 11. Hon. Gregorio M. “IP Mandatory Representative 12, Hon. Jayson R. Mahinay - SKMF President/Ex-officio Member ABSENT: None MUNICIPAL ORDINANCE NO. 2022-13 Sponsored by the Joint Committee on Labor, Employment, Civil Service and Human Resource and the Committee on Health and Sanitation, thru its Chairperson Hon. Cenen A. Angsinco and Hon, John Erwin G. Montojo, respectively WHEREAS, Article XI of the 1987 Philippine Constitution mandates that Public Office is a public trust, thus, public employees must at all times be accountable to the people, serve them with utmost degree of responsibilty, integrity, transparency, loyalty and efficiency. It is in the best interest of the government to create a drug-free workplace since drug abuse problem, if there is any, can have adverse and far reaching the effects on the government, like reduced productivity, poor decision making, client relationship mishap and physically dangerous situations; WHEREAS, the Civil Service Commission (CSC) Memorandum Circular No. 13, Series of 2017 which provides the Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and for other purposes; WHEREAS, it is likewise mandated in Article III Section 36(d) of Republic Act 9165 otherwise known as "Comprehensive Dangerous Drugs Act of 2002" 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, the DILG through MC No. 2018-213 caused for the widest dissemination of Board Resolution No. 13, series-2018 of the Dangerous Drugs Board to all Local Governments for the adoption of a measure for the Establishment and Institutionalization of Drug-Free workplace policies in all government offices, including the conduct of authorized Drug Testing for Elective Local Officials and appointive public officers and for other purposes; Page 1 of 7 Municipal Ordinance No, 2022-13WHEREAS, it is imperative that the Local Government of Lupon should provide stiffer penalties and effective strategies to strengthen its drive in establishing a drug-free workplace; WHEREAS, Section 447(a)(1)(V) of RA 7160, the Sangguniang Bayan has the power and authority to enact ordinance to prevent, suppress and impose appropriate penalties on drug addiction, maintenance of drug dens, drug pushing, and such other activities inimical to the welfare and moral of the inhabitants of the municipality; WHEREFORE, on motion of Hon. John Erwin G. Montojo, jointly seconded by Hon. Hadji Bonso S. Barabag, Hon. Capistrano “Dennis” V. Roflo, Jr., Hon. Cenen A. Angsinco, Hon. Reden P. Dacquiado, Hon. Generoso M. Rajieses, Jr., Hon. Gregorio M. Manggob, Hon. Reynaldo P. Suriba, Hon. Kent L. Evangelista, Hon. Jayson R. Mahinay and Hon. Clemente |. Gera, Jr., it was... AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE WORKPLACE IN THE LOCAL GOVERNMENT UNIT OF LUPON, PROVINCE OF DAVAO. ORIENTAL, AND PROVIDING MECHANISMS IN THE IMPLEMENTATION THEREOF AND FOR OTHER PURPOSES. BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that: Section 1. SHORT TITLE. This Ordinance shall be known as the "Drug-Free Workplace Ordinance in the Local Government Unit of Lupon, Davao Oriental.” Section 2. COVERAGE. This Ordinance shall be applicable to all elective and appointive public officials, employees and staff of the Local Government Unit of Lupon. Section 3. DEFINITION OF TERMS. As used in this Ordinance, the following terms are defined: a. Authorized Drug Testing — the testing done by drug testing laboratories accredited by the Department of Health ("DOH’). It shall employ, among others, two (2) testing methods, the screening test, which will determine the positive result as well as the type of the drug used, and the confirmatory test, which will confirm a positive screening test. s Challenge Test — a drug test conducted as a result of a challenge filed by a public officer who tested positive for drug use in a confirmatory test in an authorized drug testing activity. 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. 9 2 Contract of Service/Job Order — refers to employment covered by a contract pertaining to lumpsum work or services such as janitorial, security, or consultancy services where no employer-employee relationship exists; piece of work or intermittent job of short duration not exceeding six (6) months on a daily basis; all of which are not covered by Civil Service law, rules, and regulations, but covered by Commission on Audit rules; and the public officials or employees involved do not enjoy the benefits received by government employees, including, but not limited to, personal economic Page 2 of 7 ‘Municipal Ordinance No, 2022-132 © = x relief allowance, cost of living allowance, and representation and travel allowance. . 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 (the “Act’). 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. . 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; Mandatory Drug Testing — compulsory submission of a public officer or prospective employee to drug testing as mandated by the Act or by the drug-free workplace program of the agency. |. Public Officer — any person holding any public office in the Government of the Republic of the Philippines, by virtue of an appointment, election, or contract. j. 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. 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, i.e. one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test. |. Substance Use Disorder (“SUD”) — term used in Diagnostic Manual 5 which combines categories of substance use, abuse and dependence into a single disorder measured on a continuum form from mild to severe. Each specific substance is addressed as a separate disorder (e.g. alcohol use disorder, shabu use disorder) and are diagnosed based on the same overarching eleven (11) behavioral criteria. Clinicians can also add “in early remission,” “in sustained remission,” “on maintenance therapy,” and “in controlled environment” in describing their diagnosis which could either be the following: i. Mild SUD — a minimum of two (2) to three (3) criteria has been met. ‘Similar to experimental and occasional users; ii. Moderate *. SUD — four (4) or five (5) criteria met which would be similar to regular and habitual users; and ili. Severe SUD - if six (6) or more symptomsicriteria have been met which is about the equivalent to an abuser and substance dependent individual. Page 3 of 7 ‘Municipal Ordinance No. 2022-13Section 4. RESPONSIBILITY OF THE MUNICIPAL GOVERNMENT UNDER THE DRUG-FREE WORKPLACE POLICY. a. The Local Chief Executive shall ensure the adoption and implementation of a continuing and sustainable substance abuse awareness and prevention program and inform all officials and employees about the following i. the Drug-Free Workplace Policy of the Agency and distribution of copies thereof to each employee; ii the medical and social risks associated with drug use; iii. the administrative and criminal sanctions with respect to drug use and violations of the Act; and iv. the availability of the Employee Assistance Program. b. The Drug-Free Workplace Policy shall provide for the responsibilities of the ‘Agency which are as follows: i, Maintain a drug-free workplace; ii, Conduct of substance abuse awareness and prevention programs; ii, Conduct of mandatory and random drug testing; and iv. Ensure adequate funding for the implementation of the Drug-Free Workplace Policy. c. The Office of the Municipal Mayor shall ensure the creation of a Drug-Free Workplace Committee through an Executive Order composed of members of the management, rank and file employees, and the employees’ union. The Committee shall assist the Municipal Mayor in drafting and implementing the provisions of the Drug-Free Workplace Policy. d. The Office of the Municipal Mayor shall likewise create an Assessment Team (‘Team’) composed of personnel with educational and training backgrounds on medicine, psychology, social work, and human resources administration. The Team shall assist in the conduct of substance abuse awareness and prevention programs. The agency or local government unit shall ensure that members of the Team undergo regular training. e. The Office of the Municipal Mayor shall issue an order that will ensure the creation of a sustainable Employee Assistance Program which shall provide resources for and/or referrals to medical interventions for public officers requiring the same as mandated under this Regulation. The Assessment Team shall be actively involved in the implementation of the Employee Assistance Program. Section 5. GUIDELINES IN THE CONDUCT OF AUTHORIZED DRUG TESTING. The following guidelines outline the purposes of the authorized drug testing program: a. The Drug-Free Workplace Policy of the Agency shall include the conduct of authorized drug testing, the purpose of which is to prevent the entry of dangerous drugs in government offices and use of dangerous drugs among personnel thereof. The frequency of such testing, which shall be conducted in a random manner, shall take into consideration, among others, the number of public officers, nature of work being discharged, funding, and other logistics. Contract of Service or Job Order employees shall be subject to the conduct of authorized drug testing, which shall also be reflected in the Drug-Free Workplace Policy of the government office. Page 4 of 7 ipal Ordinance No. 2022-13,All results of authorized drug testing activities shall be strictly confidential. Only the Head of Agency or the Local Chief Executive, as the case may be, and the members of the Assessment Team shall have access to such results. a. Authorized drug testing shall be conducted only by a drug testing laboratory accredited by the DOH. b. In case of negative drug test result, no further action is needed. c. A positive drug test result from the confirmatory test shall immediately be known to the Head of Agency, who shall notify the public officer concerned. The public officer 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 officer. d. A positive drug test result from the challenge test is deemed final and the public officer shall be subjected to administrative proceedings. Failure to file a challenge within the prescribed period shall make the positive drug test result from the confirmatory drug test final. The Agency shall then take the appropriate action. All drug test results and records shall strictly be held confidential, and shall be attached to the 201 File of all officials and employees. Section 6. PRE-EMPLOYMENT DRUG TESTING. Mandatory drug testing shall be required for initial entry to government service. Any applicant found positive for drug use shall be denied entry to government service. Section 7. EMPLOYEE ASSISTANCE PROGRAM. A public officer, prior to the conduct of authorized drug testing, may seek proper intervention in coordination with the Employee Assistance Program, which shall provide referrals and additional services to the public officer concerned. A drug dependency examination shall be conducted in order to determine the level of Substance Use Disorder (SUD) and the applicable intervention This type of assistance shall not apply to public officers who are found to be positive for drug use after the conduct of a confirmatory test in an authorized drug testing activity. Section 8. ROLE OF THE BARANGAY. The Barangays through their respective Sanggunians shall likewise promulgate a policy or an ordinance to implement a Drug-Free Workplace. Section 9. SANCTIONS. The following are the sanctions to be imposed for violation of the following: a) An appointive public officer who refuses, without any valid reason, to submit himself/herself to authorized drug testing, or is found positive for drug use after the conduct of a confirmatory test in an authorized drug testing activity shall be charged with the administrative offense of Grave Misconduct. b) Any elective public officer who refuses, without any valid reason, to submit himself/herself to authorized drug testing, or is found positive for drug use after the conduct of a confirmatory test in an authorized drug testing activity shall be subject to disciplinary action for misconduct in Page 5 of 7 Municipal Ordinance No. 2022-13office pursuant to Section 60 of the Local Government Code and Article 124 (3) of the Implementing Rules and Regulations of the Local Government Code. °) Any public officer 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, or violated rules of confidentiality of records shall be charged with the administrative offense of Grave Misconduct without prejudice to the filing of a case for violation of Section 32, Article II of the Act; d) Any public officer who violated the provisions of Article Il of the Act shall be charged with the administrative offense of Grave Misconduct or face disciplinary sanction under Section 60 of the Local Government Code, as the case may be, without prejudice to the filing of criminal charges under RA 9165 and other pertinent laws. The Department of the Interior and Local Government shall cause the filing of cases for the local government units concerned. Section 10. CONFIDENTIALITY. Any person who, having official custody 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 prosecuted for violation of Section 32, Article |! of the Act. Section 11. APPROPRIATION. For the effective implementation of this Ordinance ‘shall be allocated from the General Fund of the Local Government Unit. Funds may also be sourced from allocated budget for employees’ health and wellness under the Office of the HRMO. Section 12. SEPARABILITY CLAUSE. If, for any reason, any part or provision 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 in full force and effect. Section 13. REPEALING CLAUSE. All ordinances inconsistent with the provisions of this ordinance are hereby repealed and/or modified accordingly. Section 14. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon compliance with the mandatory posting and publication requirements prescribed under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. Voted in Affirmative: 11 members (Hon. Barabag, Hon. Montojo, Hon. Roflo, Jr., Hon. Angsinco, Hon. Suriba, Hon. Evangelista, Hon. Dacquiado, Hon. Rajieses, Jr., Hon. Manggob, Hon. Mahinay and Hon. Gera, Jr.) Voted in Negative: None ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 14" day of November 2022. Page 6 of 7 Municipal Ordinance No. 2022-132K | HEREBY CERTIFY to the correctness of the above quoted ordinance. NTOS Q. ALONZO, JR. Municipal Vice Mayor (Presiding Officer) ATTESTED: FATIMA L. MALALUAN, MPA Secretary to the Sangguniang Bayan APPROVED: ERLINDA D. LIM Page 7 of 7 Municipal Ordinance No. 2022-13Republi ofthe Phitppines Prounes of Daven Gren Muntpalty of Lupon Office of the Sangguniang Bayan 72 Floor Municipal Hal, National Highway, Barangay Bagumbayan, Lupon, Davao Oriental Phone Numbers»: 09635010950; (087)808-5579 al: sbseclupon2@amat cor JOINT PUBLICICOMMITTEE HEARING October 26, 2022, 11:20 am ‘Sangguniang Bayan Session Hall Committee on Labor, Employment, Civil Service and Human Resource Chairperson Hon. Genen A. Angsinco Vice-Chairperson : Hon. Capistrano “Dennis” V. Rofo, Jr. Members Hon. Reden P. Dacquiado Hon. John Erwin G. Montojo Hon. Kent L. Evangelista Committee on Health and Sanitation Chairperson Hon. John Erwin G. Montojo Vice-Chairperson : Hon. Reden P. Dacquiado Members : Hon. Genen A. Angsinco Hon. Reynaldo P. Suriba Hon. Generoso M. Rafieses, Jr Attendance: (See on file.) Call to Order: 11:20. am ime Adjourned: 12:05 pm. MINUTES OF THE PUBLIC HEARING on (Reference No. 3802) Draft Municipal Ordinance No. 2022-14, entitled: “AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE WORKPLACE IN THE LOCAL GOVERNMENT UNIT OF LUPON, PROVINCE OF DAVAO ORIENTAL, AND PROVIDING MECHANISMS IN THE IMPLEMENTATION THEREOF AND FOR OTHER PURPOSES.” Authored and Sponsored by Hon. Cenen A. Angsinco Chairperson, Committee on Labor, Employment, Civil Service and Human Resource Co-sponsored by Hon. John Erwin G. Montojo Chairperson, Committee on Health and Sanitation 1 z ~ Hon. Cenen A. Angsinco called the public hearing to order. The public hearing started with a prayer and singing of the national anthem and the provincial hymn thru cadence. The Secretariat individually acknowledged the guests present by reading the attendance. . Hon. Angsinco declared the public hearing in quorum and welcomed the participants. . Hon. Angsinco explained the gist of the said proposed draft ordinance. He then requested the secretariat to read Draft Municipal Ordinance No. 2022- 14 section by section. . Questions, clarifications, and reactions were entertained after the reading of Draft Municipal Ordinance No. 2022-14. It was read that Article XI of the 1987 Philippine Constitution mandates that Public Office is a public trust, thus, public employees must at all times be accountable to the people, serve them with utmost degree of responsibility, integrity, transparency, loyalty and efficiency. It is in the best interest of the government to create a drug-free workplace since drug abuse problem, if there is any, can have adverse and far reaching the effects on the government, like reduced productivity, poor decision making, client relationship mishap and physically dangerous situations. nao oie apt 2228 ‘Dit nal Orme 2016 ot Commie ot, Cn Sed a er tC on th Shatin8. It was also read that the Civil Service Commission (CSC) Memorandum Circular No. 13, Series of 2017 which provides the Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and for other purposes. 9. It was also read that it is likewise mandated in Article Ill Section 36(d) of Republic Act 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002" 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 bome by the employer, for purposes of reducing the risk in the workplace. 10. Itwas also read that the DILG through MC No. 2018-213 caused for the widest dissemination of Board Resolution No. 13, series-2018 of the Dangerous Drugs Board to all Local Governments for the adoption of a measure for the Establishment and Institutionalization of Drug-Free workplace policies in all government offices, including the conduct of authorized Drug Testing for Elective Local Officials and appointive public officers and for other purposes. 11.t is further read that it is imperative that the Local Government of Lupon should provide stiffer penalties and effective strategies to strengthen its drive in establishing a drug-free workplace. 12. Furthermore, itis read that Section 447(a)(1)(V) of RA 7160, the Sangguniang Bayan has the power and authority to enact ordinance to prevent, suppress and impose appropriate penalties on drug addiction, maintenance of drug dens, drug pushing, and such other activities inimical to the welfare and moral of the inhabitants of the municipality. 13.Hon. Angsinco emphasized the importance of fund appropriation for the full implementation of the said proposed draft ordinance. 14.Engr. Bernard M. Braga, Municipal Engineer, this local unit, suggested that the budget allocation for the said proposed draft ordinance should be in place prior to its approval, adoption, and implementation. 15.Mr. Narciso J. Samar, Municipal Environment and Natural Resources Coordinator, this local unit, informed the body that the drug testing to all public officials and employees of this local unit was already discussed during a meeting conducted by the Municipal Peace and Order Council (MPOC); a proper coordination with the Municipal Planning and Development Office should be made to confirm if such activity is already included in the projects, plans and activities (PPAs) for the budget for Calendar Year 2023. 46.Mr. Benjamin B. Pacetes, Jr., Municipal Anti Drug Abuse Council (MADAC) ‘Action Officer, this municipality, informed the body that the Philippine Drug Enforcement Agency (PDEA) is the authorized unit to perform the drug testing. 17.Mr, Pacetes, Jr. also informed the body that Dr. Belen P. Larrobis, the Municipal Health Officer of Lupon, is one of the two (2) physicians in the Province of Davao Oriental authorized by the Department of Health (DOH) to conduct drug testing. Mews of Conmigo No. 202.29 ‘al ane Or 02-10 Cont Lint, pms Cnt Sed ama Rene Commi oem Sein ‘hae18.Mr. Jerimi L. Manhila, RMT, Development Management Officer IV, Department of Health (DOH) Regional Office XI Representative assigned in this municipality, informed the body that they are providing logistics support in the form drug testing kits; however, the same is only limited in supply and no assurance that its provision will be on a regular basis. 19.Ms. Fatima L. Malaluan, MPA, Secretary to the Sanggunian, this local unit, suggested that in Section 11 of the proposed draft ordinance, appropriation must be allocated entirely from the General Fund, not from the Office of the Human Resource and Management alone; But funds may also be sourced from allocated budget for employees’ health and wellness under the Office of the Human Resource and Management. 20.Hon. Angsinco also suggested that the mandatory drug testing shall be made at least once a year, or as recommended by the Assessment Team; he also suggested to the Committee on Budget, Finance and Appropriation to discuss the said subject matter during the budget hearing 21.Mr, Pacetes, Jr. moved for the passage of the proposed draft ordinance on second reading, duly seconded by Mr. Samar. 22.Hon. Angsinco once again thanked all the stakeholders who came to the public hearing. ADJOURNMENT: There being no more business to transact, the Public Hearing was adjourned at 12:05 pm, Moved by the Mr. Narciso J. Samar, duly seconded by Mr. Benjamin B. Pacetes, Jr. Certification: Thereby certify that the foregoing Minutes of the Public/Committee Hearing is true and correct to the best of my knowledge and ability MYRA uMbers B. LIM Local Legislative Staff Officer III Manes of Comme par No. 20220 ‘Dial Or Ne nC o Lt, pyar Hu Rese nC en hal Seine e303COMMITTEE REPORT NO.2022-20 (iQi4c) 11-5. 2022 Reference No.3813 Hons. October 26, 2022.11:20am “™NFO em Conins A. Anlecinco ‘Sangguniang Bayan Session Hall Mreatco ¥ koorco! JOINT COMMITTEE/PUBLICHEARING 7 Committee on Labor, Employment, Civil Service and Human Resource Chairperson fl Hon. Cenen A. Angsinco Vice-Chairperson: Hon. Capistrano “Dennis” V. Roflo, Jr. Members Hon. Reden P. Dacquiado Hon. John Erwin G. Montojo Hon. Kent L. Evangelista Committee on Health and Sanitation Chairperson I Hon. John Erwin G. Montojo Vice-Chairperson Hon. Reden P. Dacquiado Members t Hon. Cenen A. Angsinco Hon. Reynaldo P. Suriba Hon. Generoso M. Rafieses, Jr Attendance: (See on file) Subject Matter: Draft Municipal Ordinance No. 2022-14, entitled: “AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE WORKPLACE IN THE LOCAL GOVERNMENT UNIT OF LUPON, PROVINCE OF DAVAO ORIENTAL, AND PROVIDING MECHANISMS IN THE IMPLEMENTATION THEREOF AND FOR OTHER PURPOSES.” Findings: 1. The said subject matter was docketed with Reference No. 3802 and was referred to the herein committees on October 24, 2022 regular session. 2. Article XI of the 1987 Philippine Constitution mandates that Public Office is a Public trust, thus, public employees must at all times be accountable to the people, serve them with utmost degree of responsibility, integrity, transparency, loyalty and efficiency. It is in the best interest of the government to create a drug-free workplace since drug abuse problem, if there is any, can have adverse and far reaching the effects on the government, like reduced productivity, poor decision making, client relationship mishap and physically dangerous situations, 3. The Civil Service Commission (CSC) Memorandum Circular No. 13, Series of 2017 which provides the Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and for other purposes. 4. It is likewise mandated in Article Ill Section 36(d) of Republic Act 9165 otherwise known as “Comprehensive Dangerous Drugs Act of 2002” 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. et Comau ce, oye, it Serie ar Rest Orr Camo Ha Sato por)a . The DILG through MC No. 2018-213 caused for the widest dissemination of Board Resolution No. 13, series-2018 of the Dangerous Drugs Board to all Local Governments for the adoption of a measure for the Establishment and Institutionalization of Drug-Free workplace policies in all government offices, including the conduct of authorized Drug Testing for Elective Local Officials and appointive public officers and for other purposes. 6. It is imperative that the Local Government of Lupon should provide sanctions, penalties and effective strategies to strengthen its drive in establishing a drug-free workplace. 7. Section 447(a)(1)(V) of RA 7160, the Sangguniang Bayan has the power and authority to enact ordinance to prevent, suppress and impose appropriate penalties on drug addiction, maintenance of drug dens, drug pushing, and such other activities inimical to the welfare and moral of the inhabitants of the municipality. 8. Engr. Bernard M. Braga, Municipal Engineer, this local unit, suggested that the budget allocation for the said proposed draft ordinance should be in place prior to its approval, adoption, and implementation. 9. Mr. Narciso J. Samar, Municipal Environment and Natural Resources Coordinator, this local unit, informed the body that the drug testing to all public officials and employees of this local unit was already discussed during a meeting conducted by the Municipal Peace and Order Council (MPOC); a proper coordination with the Municipal Planning and Development Office should be made to confirm if such activity is already included in the projects, plans and activities (PPAs) for the budget for Calendar Year 2023. 10.Mr. Benjamin B. Pacetes, Jr., Municipal Anti Drug Abuse Council (MADAC) Action Officer, this municipality, informed the body thatDr. Belen P. Larrobis, the Municipal Health Officer of Lupon is one of the two. physicians in the Province of Davao Oriental authorized by the Department of Health (DOH) to conduct drug testing. 14.Mr. Jerimi L. Manhila, RMT, Development Management Officer IV, Department of Health (DOH) Regional Office XI Representative assigned in this municipality, informed the body that they are providing logistics support in the form drug testing kits. However, the same is only limited in supply and no assurance that its provision will be on a regular basis. 12.Ms. Fatima L. Malaluan, MPA, Secretary to the Sanggunian, this local unit, suggested that in Section 11 of the proposed draft ordinance, appropriation must be allocated entirely from the General Fund, not from the Office of the Human Resource and Management alone; But funds may also be sourced from allocated budget for employees’ health and wellness under the Office of the Human Resource and Management. 13.Hon. Cenen A. Angsinco also suggested that the mandatory drug testing shall be made at least once a year, or as recommended by the Assessment Team. {me apr No. 22220 ‘comitatus14.Mr. Pacetes, Jr. moved for the passage of the proposed draft ordinance on second reading, duly seconded by Mr. Samar. Recommendations: After thorough deliberation and discussion, the committee agreed to adopt the above-stated findings. The committee also agreed to calendar the draft ordinance for second reading, to wit: Draft Municipal Ordinance No. 2022-14, entitled: “AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE WORKPLACE IN THE LOCAL GOVERNMENT UNIT OF LUPON, PROVINCE OF DAVAO ORIENTAL, AND PROVIDING MECHANISMS IN THE IMPLEMENTATION THEREOF AND FOR OTHER PURPOSES.” There being no more business to discuss, the public hearing adjourned at 12:08 noon We hereby certify to the correctness of this committee report. Commit Employm Civil Service and Human source CENEN IGSINCO Chi in CAPISTRAI ENNIS” V. ROFLO, JR. P. DACQUIADO Vice CI son Member KENT L. EVANGELISTA JOHN ERWIN G.MONTOJO- Member lember P. UIADO CENEN A QNGSINCO Chairperson Mernber REYNALBO P. SURIBA GENEROSO M. RANESES, JR. Member Member CERTIF. 2 TRUE COPY: {Jo Commit so ah, nomen, Ci See sd Han Ree an rk & Cots Heth nl Sanon iar ESTRE! ETECOMMITTEE/PUBLIC HEARING Joint Committee on Labor, Employment, Civil Service and Human Resource ‘Committee on Health and Sanitation October 26, 2022, Wednesday ‘Sangguniang Bayan Session Hall ATTENDANCE NAME DESIGNATION/OFFICE ae S[GNATURE 1. | Hon. Cenen A. Angsinco ‘SB Member/Chairperson 2. | Hon. John Erwin G. Montojo SB Member/Chairperson ‘\ 3. | Hon. Capistrano “Dennis” V. Roflo, Jr. | SB Member/Vice Chairperson f. 4 Hon. Reden P. Dacquiado SB Member/Vice Chairperson LAs i ‘5. | Hon. Kent L. Evangelista ‘SB Member/Member U @ | Hon, Reynaldo P. Suriba ‘SB Member/Member k 7.__| Hon. Generoso M. Ratieses, Jr ‘SB Member/Member if « [AOS TP ed -[ tek «sees By MR PRE 0 | Glen _B KAocay Aeciry_ | Suiy Alan kd || 17 Si fi [MARY ERROLIN B.BAGAY [Luton] "MAS SO 2 |Awoiny 6. Papen Moe hora. T v 13. | Beenie ot Ahem YMA. BAG, wv i 16. ERIN L MANHICA DIM0 (ROOD Dyo.OR- | ¢ a 18. [Poo Ax ovinamas LCR» 7 6 [pons REGIE MARE 7. —_[AbMITY Aime NW / MeO Z i 17. | Fm. aos BONO 5 BOHR | ge montatt | 18 | Pray Tr Coro Meso | a 18. | MAPA wih EQUINE (fda fet | MTD v | Ow 20 2 22 2. RTIFIED TRUE COPY: 25. ESTRI ETE