CUENCO PUSHES FOR DRUG TESTS FOR ALL CANDIDATES IN '04 RACE

CEBU City Rep. Antonio Cuenco (south) wants the Commission on Elections
(Comelec) to implement the new Dangerous Drugs Act's provision that
requires all candidates for public office to undergo a mandatory drug test.

Cuenco said Comelec Chairman Benjamin Abalos informed him that Comelec
cannot implement the additional requirement on candidates because this
would violate the Constitution.

A group of private citizens filed a petition six months ago before the
Supreme Court (SC) questioning the constitutionality of the provision.

But Cuenco, chairman of the committee on dangerous drugs, told Abalos that
until SC declares it unconstitutional, the law approved by Congress is
presumed valid and enforceable.

The congressman also revealed that the members of the House committee on
dangerous drugs, during a meeting Tuesday, agreed to file a motion for
intervention in the pending petition before the SC.

The Office of the Solicitor General has already submitted a comment to the
SC supporting their argument that the law is constitutional because this
does not impose additional condition on a candidate, but merely regulates.

If the drug test requirement can be imposed on applicants for a driver's
license, Cuenco said, why could it not also be imposed on political candidates?

"The state has police power to impose conditions so you can exercise your
right to public office," the congressman said.

He admitted, though, that the Dangerous Drugs Act does not provide penalty
for those who refuse to implement the law.

This is a flaw in the law that Congress should look into or perhaps amend,
Cuenco said.

The filing of the certificates of candidacy (COC) started last Monday and
will end on Jan. 5, 2004.

So far, Comelec 7 Regional Director Salud Aliganga said they have been
using the same forms for COC used in previous years, which don't ask for
the additional requirement for a drug test result.

When he files his COC, Cuenco said he will attach a drug test result to
serve as an example for other candidates.

Section 36 (g) of Article 3 of the Comprehensive Dangerous Drugs Act of
2002 provides that "all candidates for public office whether appointed or
elected both in the national government shall undergo a mandatory drug test."

The drug testing shall be done by any government drug testing centers
accredited and monitored by the Department of Health to safeguard the
quality of the test result.

Under the law, the following shall also be subjected to undergo drug
testing: applicants for driver's license, firearm's license and permit to
carry firearms; students of secondary and tertiary schools; officers and
employees of public and private offices.

Also included are officers and members of the military, police and other
law enforcement agencies; and all persons charges before the prosecutor's
office with a criminal offense having an imposable penalty of imprisonment
of not less than six years and one day.