ABALOS GIVES UP ON DRUG TEST PLAN FOR 2004 BETS

The proposed drug testing for candidates in the 2004 polls will no longer
be implemented.

The Commission on Elections (Comelec) admitted yesterday it could not
compel candidates to undergo drug testing and attach the result of this in
their certificate of candidacy (CoC).

Comelec Chairman Benjamin Abalos Sr. said the Constitution only states that
for a candidate to qualify, he must be a Filipino, a registered voter, of
legal age and a resident of a certain area for at least six months and has
no derogatory records.

"Qualification for the position is prescribed under the law and drug
addiction cannot be used as grounds to disqualify candidates seeking a post
because it's not part of the requirement," he explained.

According to Abalos, the Constitution should have to be amended first
before passing a drug test can be included in the requirements for those
who intend to run for public posts.

The Comelec chief lamented that even if some candidates who voluntarily
submit themselves for a drug test will be found positive of drug use,
nothing will change since the poll body cannot use this to disqualify them.

He also admitted they were facing a dilemma because of the conflicting
rules of the Constitution and the Local Government Code with regard drug
testing.

"Under RA (Republic Act) 9165 Section 36 (g), all candidates, whether
appointed or elected, should undergo mandatory drug test," Abalos said in
an earlier interview.

But Section 40 of the Local Government Code states that a person can be
disqualified if sentenced by final judgement for an offense involving moral
tripitude or for an offense punishable by one year or more of imprisonment,
within two years after serving sentence; those removed from office as a
result of an administrative case; convicted by final judgement for
violating the oath of allegiance to the Republic; those with dual
citizenship; fugitive from justice in criminal or nonpolitical case here or
abroad; permanent resident in a foreign country or those who have acquired
the right to reside abroad and found to be insane or feeble minded.

Earlier, Abalos proposed that candidates for the 2004 presidential polls be
made to undergo a drug test to ensure that those who would be elected are
not only physically healthy but mentally fit as well.

Since the Arroyo administration is currently implementing a massive
campaign to eradicate the rampant illegal drug trade in the country, the
commission, he noted, deemed it necessary to ensure that candidates for the
2004 polls are not using drugs.

Election lawyer Romulo Macalintal, however, stressed the proposed drug
testing for candidates is unlawful and unconstitutional and Comelec has no
authority to amend the qualifications since it is the Constitution that
provides the requirement for persons aspiring for a public office.

"It is not within the power of any agency of the government or the Comelec
to prescribe what the Constitution does not provide," he pointed out.

For the 2004 elections, there are about 17,021 positions to be filled
starting from the president, vice president, senators, congressmen to local
government officials.

The Comelec expects around 85,105 candidates to these positions.