COMELES: NO DRUG TEST FOR 2004 POLL BETS

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

This, as the Commission on Elections (Comelec) admitted that it cannot
enforce or compel candidates to undergo drug testing and attach the
result of the test to their certificate of candidacy (COC).

Comelec chairman Benjamin Abalos Sr. said the Constitution only
provides that for a candidate to qualify, he must be a Filipino
citizen, 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," Abalos said.

According to Abalos, the Constitution should have to be amended first
to be able to include drug testing in the qualification of people who
intend to run in the scheduled May 10, 2004 elections.

Abalos lamented that even as there might be some candidates who
voluntarily submit themselves for to a drug test, nothing will change
because if the candidates test positive for drug use, the Comelec
cannot use this to disqualify them.

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

The Comelec chief likewise confessed that they are facing a dilemma on
the drug test for candidates because of the conflicting rules between
the Constitution and the Local Government Code.

"Under RA 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 he is sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by imprisonment
of one year or more, within two years after serving sentence; those
removed from office as a result of an administrative case; convicted
by final judgment 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 the insane or feeble minded.

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

In addition, Abalos recognized that since there is a massive campaign
by the Arroyo administration to eradicate rampant drug addiction in
the country, the Commission thinks it is also necessary that
candidates for the 2004 polls are not in any way using drugs.

However, election lawyer Romulo Makalintal stressed that 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,"
Makalintal said.

For the 2004 elections, there are about 17,021 positions to be filled
starting from the President, vice-president, senators, congressmen and
local government officials, and Comelec expects around 85,105
candidates.