DRUG TEST FOR CANDIDATES PURSUANT TO LAW: COMELEC

THE mandatory drug test for candidates for the May 2004 elections conforms
with the Comprehensive Dangerous Drugs Act (Republic Act 9165) and is
neither unconstitutional nor a violation of the Local Government Code.

This was clarified by Regional Election Attorney Dennis Ausan in wake of
what he calls "misconceptions" on the Commission on Elections (Comelec)
Resolution 6486 requiring all candidates to submit results of their drug
tests when filing their certificates of candidacy (COCs).

"It was promulgated pursuant to Republic Act 9165. The Comelec will not
come up with a resolution which go beyond the spirit of the law," Ausan said.

Sec. 36 (g) of Art. 3 of R.A. 9165 provides that "all candidates for public
office whether appointed or elected both in the national and local
government shall undergo mandatory drug test."

Ausan said, however, that although it is mandatory for all candidates to
undergo drug tests, there is no sanction for those who fail to comply.

"Just in case a candidate doesn't want to undergo drug test or fails to
submit a result, it would not be made a ground for his/her
disqualification," he said.

The mandatory drug test would not be made a requirement in the filing of
COCs, he explained, as it would mean an added qualification for candidates
thus contrary to the provisions of the Constitution.

"Some are afraid that it also violates the Local Government Code but it
doesn't. It's a matter of complying with the law," Ausan said.

In fact, Comelec Resolution 6486 does not require candidates to submit the
results of their drug tests within the period of the filing of COCs, which
ends January 5. The period of submission is until March 24, 2004.

Moreover, Ausan said the mandatory drug test is "not a property
requirement" for candidates.

He added, "It (drug test) is not connected anymore to a candidate's right
to exercise his/her right to suffrage."

Role models

Although no sanctions will be imposed, Regional Election Director Victor
Gaborne said the candidates should follow the law.

"They should be role models," he said.

But because the Comelec's duty is only "ministerial," Gaborne said, their
office will still receive the COC of a candidate who refuses to submit a
drug test result.

"If there's any problem, we will still receive their COCs," he said.

Requirement

Ausan, however, said that once a candidate has already been elected, he is
definitely mandated to undergo a drug test before he could assume office.

Aside from taking an oath of office and filing a sworn statement of
contribution and expenditures, an elected official is now being required to
submit a drug test result.

"These are two different matters -- the qualifications to be a candidate
and the qualifications to assume office," Ausan said.