COMELEC TO SHAME POLITICIANS REFUSING DRUG TESTS

The Commission on Elections (Comelec) may use its own shame campaign to
compel politicians to take the mandatory drug test as a precondition for
filing their certificates of candidacy.

Comelec Chairman Benjamin Abalos is proposing that the names of those who
will refuse to take the examination for drug use as well as those who will
test positive will be published.

"That is why we are bringing this issue out now. I want a public discussion
on this," Abalos told The STAR by telephone.

Section 36g of Republic Act 9165 or the Comprehensive Dangerous Drugs Act
of 2002 provides that "all candidates for public office whether appointed
or elected both in the national and local government shall undergo
mandatory drug tests."

The law was not yet approved during the last elections in May 2001.

"This provision is what I want clarified. Is this an amendment to the
election code?" said Abalos.

At present, drug testing is not required for candidates vying for some
17,021 elective posts in the May 2004 elections.

Abalos said neither the Local Government Code nor the Constitution requires
such a test for candidates for local office or for legislators and
executive officials.

"The question is what if a candidate did not undergo a drug test, can he be
disqualified?" asked the Comelec chair. "The second question is, assuming
he is found positive for drug use, is that a ground for disqualification?"

Abalos disclosed that another complication is the Supreme Court ruling
which states that a disqualification case should first be filed against a
candidate and must first be decided with finality.

"I wish we can be guided on this," he said.

Abalos said he asked the Comelec's legal department to submit a report on
Comelec's legal options while at the same time encouraging public
discussion of the matter. Abalos said he will bring the issue to the
seven-man Comelec body in their en banc session today.

But Abalos said that should it be concluded that the drug tests cannot be
forced on candidates, one option is to have the names of those who refuse
to undergo the test as well as those who tested positive published.

Former Manila mayor Alfredo Lim was the first to use a shame campaign to
scare away drug pushers. He did this by spraying homes of known drug
pushers with red paint to make public their supposed drug activity.

"Those are options we are considering," Abalos said when asked by The STAR.
"But the law is toothless against politicians if we cannot force them to
take the drug test."