APPROPRIATE SANCTIONS TO PERSONNEL

AND PDL TESTED POSITIVE FOR ILLEGAL

USE OF PROHIBITED DRUGS AND
DETERMINATION OF LEVEL OF
ACCOUNTABILITY UNDER THE COMMAND
RESPONSIBILITY RULE
BY:
WHAT
WHAT HAPPENS
HAPPENS WHEN
WHEN
A
A BJMP
BJMP PERSONNEL
PERSONNEL ISIS
TESTED
TESTED POSITIVE
POSITIVE IN
IN
HIS
HIS DRUG
DRUG TEST?
TEST?
 BJMP DRUG-FREE WORKPLACE POLICY

According to BJMP-DO-MC-99, titled, BJMP Drug- Free Work

Place Policy, A positive drug test result from the
confirmatory test shall be immediately be made known to
the Chief, BJMP, who shall notify the personnel concerned.
The personnel 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 DOH.
 BJMP DRUG-FREE WORKPLACE POLICY

Failure to file a challenge within the prescribed period shall

make the positive drug test result from the confirmatory
drug test final.
A positive result from the challenge test shall be deemed
final and the personnel concerned shall be subjected to
administrative proceedings
SANCTIONS
 BJMP DRUG-FREE WORKPLACE POLICY

6.4.2 -Jail Bureau personnel and any person who

intentionally or unintentionally breaches the confidentiality
of any drug test shall be charged in accordance with Section
72 of R.A 9165.
 BJMP DRUG-FREE WORKPLACE POLICY

Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The penalty
of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine
ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be
imposed upon any person who, having official custody of or access to the confidential
records of any drug dependent under voluntary submission programs, or anyone who,
having gained possession of said records, whether lawfully or not, reveals their content to
any person other than those charged with the prosecution of the offenses under this Act
and its implementation. The maximum penalty shall be imposed, in addition to absolute
perpetual disqualification from any public office, when the offender is a government official
or employee. Should the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to whatever crime he/she may be convicted
of.
 GRAVE
MISCONDUCT
First Offense -Dismissal from the service
 BJMP DRUG-FREE WORKPLACE POLICY

If personnel refused, without any valid reason, to submit himself/ herself to

authorized drug testing.
If personnel is found positive for drug use after the conduct of a confirmatory
test in an authorized drug testing facility.
If personnel tampered with the drug test results, interfered with the conduct of
drug test or in the release of the results, or violated the 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, R.A. 9165
If personnel violated the provisions of Article II of R.A. 9165
 NEGLECT OF
DUTY
Simple Neglect of Duty
1st Offense- suspension of one(1) month & one (1) day
to six (6) months

2nd Offense- dismissal from the service

 BJMP DRUG-FREE WORKPLACE POLICY

If personnel, after due notice, who fails or refuses intentionally or

negligently, to appear as a witness for the prosecution in any
proceedings involving violations of R.A No, 9165, without any valid
reason, shall be administratively charged for Neglect of Duty with
prejudice to criminal liability under Section 91 of the same law.
WHAT
WHAT HAPPENS
HAPPENS WHEN
WHEN
A
A PDL
PDL IS
IS TESTED
TESTED
POSITIVE
POSITIVE IN
IN HIS
HIS DRUG
DRUG
TEST?
TEST?
 PDL DISCIPLINARY BOARD & PROCEEDINGS

Currently, there is no specific rule that governs the case of PDLs

that are positive in their drug test. However, BJMP-LSO-MC-121,
also known as "PDL Disciplinary Board & Proceedings" provides
sanctions for PDL's misconduct inside the jail.
As a rule, Any misconduct committed by the PDL shall be dealt with
according to its gravity.
GROUNDS FOR
DISCIPLINARY
ACTION
 PDL DISCIPLINARY BOARD & PROCEEDINGS

The following are Grave Offenses according to MC on PDL Dsciplinary Board &
Proceedings, grounds for Disciplinary Action that we can use to relate to the
offense of being positive in drug test:

Willful disobedience to a lawful order issued by BJMP Personnel.

Committing any act that violates any law or ordinance, in which
case he/she shall be prosecuted criminally in accordance with the
law.
Committing any act prejudicial to good order and discipline
 GRAVE OFFENSE
1. Temporary cancellation of all or some recreational privileges
1.
for a period of eleven(11) days or more but not exceeding
thirty (30) days.
2. Cancellation of GCTA points for a period to be deliberated by
2.
MSEC
3. Cancellation of jail activities that may entitle him./ her to
3.
GCTA.
4. Transfer to another BJMP facility, in coordination with the
4.
court.
Command Resposibility
In international criminal law, the principle of command
responsibility allows for commanders to be held
criminally liable for crimes committed by their
subordinates. This will apply if the commander was in a
position to prevent crimes committed by forces under
their effective control and knew or should have known
that the crime would be committed.

-European Center for

Constitutional and Human Rights
EO No. 226 series of 1995 states that any government
official or supervisor, or any other law enforcement
agency shall be held accountable for "Neglect of Duty"
under the Doctrine of Command Responsibility if he has
knowledge that a crime or offense, shall be committed,
is being committed or has been committed by his
subordinates, or by others within his area of
responsibility, and despite such knowledge did not take
preventive or corrective actions, either before, during,
or immediately after its commission.
Regional Directors down to Jail Wardens are presumed
to have knowledge on the commission of irregularities
or criminal offenses in any of the following
circumstances:
When the irregularities or illegal acts are widespread
within his/her area of jurisdiction.
When the irregularities or illegal acts have been
repeatedly or regularly repeated within his/her area
of responsibility.
When members of his/her immediate staff or office
personnel are involved.
Determining The Level of
Accountability
Regional Directors and Provincial Jail
Administrators
Assumes provincial-wide and regionwide
responsibilities and not limited on a specific jail
only

Jail Wardens
The direct subordinate
The officer in control and supervises over personnel
in jails