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PDEA to appeal SC ruling on mandatory drug testing


MANILA, Philippines – The Philippine Drug Enforcement Agency (PDEA) will ask the Supreme Court to reverse its ruling declaring mandatory drug tests for public office candidates and people facing criminal charges "unconstitutional." A report over radio dzBB quoted the PDEA as saying they will file the appeal saying the High Court's ruling which was issued Monday will weaken the agency's campaign against the use of illegal drug. Three out of four crimes in the country are drug-related, and scrapping mandatory testing for suspected criminals will undermine arguments on the negative effects of illegal drug use, PDEA said. In its 23-page en banc decision on Monday, the High Court declared as unconstitutional a provision in the Comprehensive Dangerous Drugs Act of 2002 requiring mandatory drug testing to all candidates for public office and people facing criminal charges. The Supreme Court said it found no valid justification for mandatory drug testing for persons accused of crimes, as required by sec. 36(f) of the law, as a mandatory drug testing in the case of persons charged with a crime before the prosecutor's office "can never be random or suspicionless." "When persons suspected of committing a crime are charged, they are singled out and are impleaded against their will," said the Court. "To impose mandatory drug testing on the accused is a blatant attempt to harness a medical test as a tool for criminal prosecution, contrary to the stated objectives of RA 9165. Drug testing in this case would violate a person's right to privacy guaranteed under Sec. 2, Art. III of the Constitution. Worse still, the accused persons are veritably forced to incriminate themselves," it added. - Johanna Camille Sisante, GMANews.TV