SC ORDERS GOV'T TO DEFEND VALIDITY OF ANTI-DRUG LAW

THE Supreme Court (SC) has ordered the government to answer a suit filed by
a lawyers' group questioning the constitutionality of the fledgling
Comprehensive Dangerous Drugs Act of 2002's provisions on mandatory drug
testing.

In a resolution, the SC en banc through Clerk of Court Luzviminda Puno said
the tribunal, "without giving due course to the petition," requires "the
respondents to comment thereon within ten days from notice hereof."

Named respondent in the suit filed by the Social Justice Society (SJS)
political party were the Office of the Solicitor General (OSG), the
Dangerous Drugs Board (DDB) and the Philippine Drug Enforcement Agency (PDEA).

In the meantime, justice officials Monday said they will enforce the
mandatory testing of suspects unless the Supreme Court (SC) invalidates it.

Speaking to reporters, Justice Undersecretary Ma. Merceditas Gutierrez said
that without an SC ruling, the new anti-drug law will be presumed "valid
and constitutional."

"It still has to be decided by the SC," said Gutierrez, who is part of the
government task force coordinating with the Philippine Drug Enforcement
Agency (PDEA).

The SJS earlier asked the Supreme Court to declare unconstitutional the
provision of the law that requires mandatory drug testing.

SJS President Samsom Alcantara said the provision violates the people's
constitutional rights and likened it to unreasonable searches and seizures.

The questioned provision, Section 36, empowers the government, through the
health department and its accredited drug-testing laboratories, to conduct
random drug testing on high school and college students, and officers and
employees of public and private offices.