Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

Drug testing required when accused is arrested for

violating Dangerous Drugs Act
BY PERSIDA ACOSTA OCTOBER 06, 2019
HOME / LEGAL ADVICE / DEARPAO /
DRUG TESTING REQUIRED WHEN ACCUSED IS ARRESTED FOR VIOLATING DANGEROUS DRUGS ACT

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Dear PAO,
My cousin was apprehended for alleged robbery. After his arrest,
he was compelled to undergo drug testing and his urine sample
yielded positive for the presence of crystal meth. The police said
Persida
Acosta
my cousin would be charged for violating Section 15 (use of
dangerous drugs) of Republic Act (RA) 9165, but the only
evidence they presented was the result of the drug test. We were advised by a
friend that the drug test conducted is deemed a violation of my cousin’s right
to privacy. Please enlighten me on the matter.
Baldo

Dear Baldo,
The provision of law that is applicable in your cousin’s situation is Section 15,
Article II of RA 9165, or the “Comprehensive Dangerous Drugs Act of 2002,”
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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

“A person apprehended or arrested, who is found to be positive for use of any

dangerous drug, after confirmatory test, shall be imposed a penalty of a
minimum of six months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended
using dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and a fine ranging from fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided,
That this Section shall not be applicable where the person tested is also found
to have in his/her possession such quantity of any dangerous drug provided
for under Section 11 of this Act, in which case the provisions stated therein
shall apply.”

The above-stated rule was explained in the case of Dela Cruz vs People of the
Philippines (GR 200748, July 23, 2014), where the Supreme Court through
Chief Justice Maria Lourdes Sereno stated that:

“The drug test in Section 15 does not cover persons apprehended or arrested
for any unlawful act, but only for unlawful acts listed under Article II of RA
9165.

“First, ‘[a] person apprehended or arrested’ cannot literally mean any person
apprehended or arrested for any crime. The phrase must be read in context and
understood in consonance with RA 9165. Section 15 comprehends persons
arrested or apprehended for unlawful acts listed under Article II of the law.

“Hence, a drug test can be made upon persons who are apprehended or
arrested for, among others, the ‘importation, sale, trading, administration,

https://www.manilatimes.net/...al-advice/dearpao/drug-testing-required-when-accused-is-arrested-for-violating-dangerous-drugs-act/627158/[10/6/2019 10:19:30 AM]

Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

dispensation, delivery, distribution and transportation,’ ‘manufacture’ and

‘possession’ of dangerous drugs and/or controlled precursors and essential
chemicals; possession thereof ‘during parties, social gatherings or meetings’;
being ‘employees and visitors of a den, dive or resort’; ‘maintenance of a den,
dive or resort’; ‘illegal chemical diversion of controlled precursors and
essential chemicals’; ‘manufacture or delivery’ or ‘possession’ of equipment,
instrument, apparatus, and other paraphernalia for dangerous drugs and/or
controlled precursors and essential chemicals; possession of dangerous drugs
‘during parties, social gatherings or meetings’; ‘unnecessary’ or ‘unlawful’
prescription thereof; ‘cultivation or culture of plants classified as dangerous
drugs or are sources thereof’; and ‘maintenance and keeping of original
records of transactions on dangerous drugs and/or controlled precursors and
essential chemicals.’ To make the provision applicable to all persons arrested
or apprehended for any crime not listed under Article II is tantamount to
unduly expanding its meaning. Note that accused appellant here was arrested
in the alleged act of extortion.”

Applying the above-cited decision in your situation, the drug test conducted to
your cousin is not in accordance with the provisions of Section 15 of RA
9165. The term “person apprehended or arrested” under the same act refers to
person arrested or apprehended for violating Article II of RA 9165, and it
does not pertain to any offense. Thus, the above-mentioned police had no
legal basis to require your cousin to undergo drug testing because he was
arrested for robbery, which is not a punishable offense under Article II of RA
9165.

We hope that we were able to answer your queries. Please be reminded that
this advice is based solely on the facts you have narrated and our appreciation

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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

of the same. Our opinion may vary when other facts are changed or
elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office.
Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

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Drug testing required when accused is arrested for violating Dangerous Drugs Act - The Manila Times

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