COMELEC CAN'T IMPOSE DRUG TEST ON WOULD-BE CANDIDATES

THE Commission on Elections (Comelec) has backtracked from its earlier
position proposing that would-be candidates submit themselves for drug
testing.

Comelec chairman Benjamin Abalos Sr. said the proposed drug testing will no
longer be carried out as the agency has no authority to compel candidates to
undergo a drug testing.

"Qualification for the position is prescribed under the law and freedom from
drug addiction cannot be added to the qualifications of candidates seeking a
post because it's not part of the requirement," he said.

He said the Constitution only provides seven qualification requirements for
candidates. Hence, the Comelec cannot impose the specific provision in the
local government code that requires candidates for any public post to
subject themselves to a drug examination.

Abalos explained that to enforce the drug-testing qualification, the law
should be amended first.

"The Constitution should be amended first to enable the commission to
include the drug testing in the qualification of candidates who want to seek
position in the coming election," he added.

Abalos said that even if some candidates voluntarily submitted themselves to
a drug test, the Comelec cannot disqualify a candidate if he/she was found
positive of drugs.

"What could we attain if we do this? It is not included in the
qualification," he quipped.

Earlier, the poll body recommended that candidates for the 2004 presidential
election undergo drug testing to ensure that those elected are not only
physically healthy but also mentally fit.

Abalos also noted that the Comelec might face a dilemma should it execute
the drug test for candidates because of the conflict between the
Constitution and the local government code.