MAY 11, 2011

NR # 2401B

Bill imposes stiffer penalties against law enforcers caught using drugs

Policemen and soldiers may be kicked out of the service and be imprisoned under a
bill imposing stiffer penalties against members of the Philippine National Police (PNP)
and the Armed Forces of the Philippines (AFP) who will be caught using illegal drugs.

Reps. Vicente Belmonte Jr. (Lone District, Iligan City) and Elpidio Barzaga Jr. (4th
District, Cavite) authored House Bill 3990, which provides that drug testing will also
cover students, drivers, employees in the public and private sectors and even those
applying in the government service and political candidates who will run during elections.

Belmonte, Chairman of the House Committee on Dangerous Drugs, said that under
the bill officers and members of the military, police and other law enforcement agencies
shall undergo annual mandatory drug testing.

“Officers and members of the military and police or government employees found
to be positive for drug use shall be penalized administratively which shall be ground for
suspension or termination, subject to the provisions of Article 282 of the Labor Code and
pertinent provisions of the Civil Service Law,” Belmonte said.

Under the bill, officers or members of the military, police and other law
enforcement agencies caught using dangerous drugs face 4 to 12 years imprisonment and a
fine of P10,000 to P200,000. They will also undergo summary dismissal proceedings.

“Drug users are considered victims of the drug menace. But if the users have the
responsibility to uphold the law as law enforcers, then they should be held criminally
liable for violating the law,” Belmonte said.

Belmonte said law enforcers cannot pretend ignorance of the law because they were
trained to comprehend and ensure the proper implementation of the law which includes
the Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165.

“An officer or member of the military, police and other law enforcement agencies
who is using illegal drugs creates a chilling public perception on the integrity of the entire
law enforcement body mandated to protect the Filipino citizenry,” Belmonte said.

Belmonte cited cases where policemen were caught using the illegal drugs while
some were arrested for drug pushing.

“The empty promise of reformation and the plea for a second chance could not
erase the fact that a grave misconduct has been committed by the use of prohibited drugs
which is punishable by law and witnessed by all,” Belmonte said.
 The bill provides that drug testing certificates issued by accredited drug testing
centers that usually have one-year effectivity shall be valid for only a one-month period
from the date of issuance.

Under the bill, high school and college students in public and private schools and
employees in the public and private sector shall be subjected to random drug testing.
Drug testing expenses whether in public or private schools shall be borne by the
government.

The bill also provides that all candidates for public office whether appointed or
elected, both in the national or local level, shall undergo a mandatory drug testing on a
random basis, under guidelines promulgated by the Dangerous Drugs Board.

No driver’s license, firearms license and permit to carry shall be issued or renewed
unless a person has presented a certification that he or she is negative from the use of
dangerous drugs. (30) jy