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Cebu News

Brgy, SK elections Comelec: No law requiring drug test

Lorraine Mitzi A. Ambrad - The Freeman

CEBU, Philippines — Requiring a drug test on candidates for the barangay and SK elections is possible, but it may not be implemented this election year, according to the Commission on Elections.

The filing of Certificate of Candidacies (COC) is set to kick off on April 14 and the Congress, which can make a law for such purpose, is also currently on recess.

Cebu Provincial Election Officer Atty. Ferdinand Gujilde said that Congress does not have the time to push for the inclusion of a negative drug test result as a requirement for the candidates.

Deputy Speaker Gwendolyn Garcia confirmed that Congress is currently on recess and will resume on May 15.

The elections will be on May 14.

Gujilde explained that the 1987 Philippine Constitution provides the qualifications for electoral positions from the national to the local level.

This means that the Constitution itself has to be amended if legislators wish to include a negative drug test result as a qualification.

In the case of the barangay level electoral positions, the Congress is given the power to expand the qualifications for the inclusion of drug testing.

The Philippine Star had reported that the Supreme Court ruled that the imposition of mandatory drug testing is beyond the powers of the Comelec.

Meanwhile, the coverage of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 only authorizes the conduct of drug tests on incumbent public officers, not electoral post aspirants.

On a separate matter, Gujilde said that the Comelec holds no power to order the Philippine Drug Enforcement Agency (PDEA-7) to publicize the drug list involving incumbent barangay officials.

PDEA-7 has made a stand not to release the list since their data is still subject to verification.

In a report, Comelec-7 Regional Director Rafael Olano expressed that the drug list should be publicized as a factor that can help guide the decision of the voters in the upcoming polls. —/GAN (FREEMAN)

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