(Eagle News) — Malacañang said the Philippines Constitution needs to be amended first if the mandatory drug testing will be applied to candidates for national level positions for the upcoming 2019 elections.
Presidential spokesperson Salvador Panelo said that the mandatory drug testing of political aspirants for the next year’s election would violate the 1987 Constitution. He said that this is already beyond the provision of the Constitution, and needs additional qualifications in the Constitution if this is to be implemented.
Panelo, nonetheless, said that the Palace is not dismissing the suggestion of the Philippine Drug Enforcement Agency (PDEA) to conduct surprise drug testing for the candidates.
He said the Office of the President is still evaluating the proposal of the PDEA.
“The Palace wishes to clarify that it does not dismiss in toto PDEA’s proposal to conduct mandatory drug testing of political aspirants for next year’s elections,” Panelo said.
“The Palace has yet to discuss the specific conditions and procedures concerning the proposal with the PDEA,” Panelo said.
“The Office of the President shall first consider and evaluate these in order to make a learned decision on the matter,” he added.
Panelo explained that the mandatory drug testing is only allowed for the local government candidates since their qualifications had been amended under the Local Government Code.
“Those for elective officials of local government units are set only by the Local Government Code. Hence, our take from the case is that the said testing is permitted for local government candidates because Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 has validly amended the Local Government Code in so far as their qualifications and eligibility requirements are concerned,” Panelo said.
He said conducting a mandatory drug testing will be “problematic” as the Highest Court had already declared that the proposal is not allowed.
“In other words, even a law directing such mandatory drug tests will be struck down as unconstitutional,” Panelo said.
“An extensive review of the cited case also reveals that the prohibition is limited to elective officials whose qualifications and eligibility requirements are prescribed by the Constitution,” he added.
Despite his pronouncement, Panelo urged all the 2019 candidates to voluntarily undergo drug testing.
“In the meantime, we maintain our suggestion that those who seek public offices in the 2019 elections voluntarily submit themselves to drug testing for this is an initial step towards equipping our electorate with substantial information as they exercise their right of suffrage,” he said.
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