Pubdate: Fri, 29 Apr 2005
Source: Manila Times (Philippines)
Copyright: 2005, The Manila Times
Contact:  http://www.manilatimes.net/
Details: http://www.mapinc.org/media/921
Author: Jomar Canlas
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)
Bookmark: http://www.mapinc.org/areas/Philippines

DRUG TEST FOR JUDICIARY

Davide Orders Random Testing for All Justices, Judges and Court
Officials

CHIEF Justice Hilario Davide Jr. on Thursday ordered justices, judges
and other court officials and employees of the judiciary to undergo
drug testing.

Davide issued Memorandum Order 18-2005 directing the Office of the
Court Administrator, the Chiefs of the Office of Administrative
Services of the Supreme Court and the Chief of Medical Services to
conduct surprise and random drug testing and monitor judiciary
officials and employees using drugs.

Davide wants the memorandum to cover all the officials and employees
of the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax
Appeals and the regional and municipal trial courts.

Those who test positive face suspension or termination.

The order is pursuant to the Comprehensive Dangerous Drugs Law
(Republic Act 9165).

Davide said, "The danger of drug abuse would severely affect the
honor, dignity and integrity of the Judiciary and the effectiveness
and efficiency of its officials and employees."

The memorandum takes effect on June 1.

Dr. Prudencio Banzon, chief of the Court's Medical Services, said he
will come up with a system for administering the random drug testing.

The party-list group Abakada Guro had questioned before the Court the
practice of subjecting government officials and employees to a drug
test, saying it violates the 1987 Constitution. The case is pending
before the Court.

Presiding Justice Romeo Brawner of the Court of Appeals welcomed
Davide's directive, saying the Chief Justice is just implementing R.A.
9165, which requires all government officials and employees to undergo
drug testing.

Brawner said even if the possibility that judges and justices use
illegal drugs is slim, it is better to subject them to testing to show
they have nothing to hide.

He said he himself is willing to be tested for drugs.

Brawner said the law imposing drug testing does not exempt judges and
justices or any other court officer.

"Chief Justice Davide is just implementing the law anyway. If you have
nothing to hide, there is no reason for you not to welcome this drug
testing," Brawner said.

He pointed out that judges and justices render judgment on drug
offenders, so he sees no reason to exempt the magistrates.

Presiding Justice Teresita Leonardo-de Castro of the Sandiganbayan is
waiting for a copy of Davide's memorandum.

At least two lawmakers welcomed the decision of the Supreme Court to
subject magistrates and other court officials to a drug test.

Nacionalista Party Rep. Gilbert Remulla said the directive will help
make judges and justices above suspicion. "What should also be done is
to check if they are under the 'influence' of drug lords," Remulla
said.

Lakas Rep. Antonio Cuenco of Cebu said Davide's directive is a "great
idea."

"It's about time the members of the judiciary were also subjected to
drug test among other government offices to help the government in its
fight against illegal drugs," said Cuenco, former chair of the House
Committee on Drugs.

Party-list Rep. Teodoro Casino of Bayan Muna said it is the
prerogative of the Supreme Court to issue such a directive.

Casino said there must be a clear-cut policy on how the Court will
deal with magistrates found to be using drugs. 
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