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Adopted: 03 March 2014
Date Filed: 23 April 2014

I. REFERENCES:

1. Republic Act 9165 otherwise known as “The Comprehensive Dangerous Drugs Act of 2002 and its Implementing Rules and Regulations (IRR)”.
2. Civil Service Commission (CSC) Resolution No. 101359 dated 06 July 2010, with reference to CSC Memorandum Circular No.13, Series of 2010 Subject: “Guidelines for a Drug-Free Workplace in the Bureaucracy”.
3. DOH Administrative Order 2009-0023 dated 23 November 2009, refers to the “Guidelines on the Institutionalization of a Drug-Free Workplace Program in the Department of Health and Other Government Agencies”.
4. Philippine Drug Enforcement Agency (PDEA) Memorandum Circular (MC) 2009-003 dated 01 April 2009 Subject: “Guidelines in the Conduct of Mandatory Drug Tests and Disciplinary Action against PDEA Personnel found Positive for using Dangerous Drugs”.
5. Civil Service Commission (CSC) Resolution No. 071625 dated 13 August 2007, ANTIQUERA, Celso D. Re: Drug Use; Grave Misconduct: Pertains to the decision dismissing employees of MMDA from the service for use of prohibited drugs.
6. Civil Service Commission (CSC) Memorandum Circular (MC) No. 8, Series of 2011 Subject: Reiteration of the Physical Fitness Program “Great Filipino Workout”.
7. Dangerous Drugs Board (DDB) Regulation No. 2, Series of 2004 entitled: “Guidelines in the Formulation of a Drug-Free Workplace Program and the Conduct of Authorized Drug Testing by all Offices, Bureaus and Agencies of the National and Local Governments, Government Owned and Controlled Corporations and Other Institutes of Learning Including State Colleges and Universities”.
8. Dangerous Drugs Board (DDB) Regulation No. 7, Series of 2003 entitled: “General Guidelines for the Implementation of Mandatory Drug Testing to Officers and Members of the Military, Police and Other Law Enforcement Agencies”.
9. Dangerous Drugs Board (DDB) Regulation No. 4, Series of 2013 entitled: Amendment to Board Regulation No. 7, Series of 2003 “General Guidelines for the Implementation of Mandatory Drug Testing to Officers and Members of the Military, Police and Other law Enforcement Agencies”.

II. BACKGROUND:

The Philippine Drug Enforcement Agency (PDEA) as the premier unit in the anti-drug campaign, has the moral obligation to institutionalize the policy of a “Drug-Free Workplace”. The said effort aims to strengthen the integrity of the agency in fostering a national Drug-Free Program.

The Dangerous Drugs Board Regulation No. 2, Series of 2004, and the CSC Resolution No. 101359 dated 06 July 2010, with reference to CSC Memorandum Circular No. 13, Series of 2010, sets the guidelines for the formulation and implementation of a “Drug-Free Workplace” program. The provisions of the guidelines require the formulation of a “Drug Abuse Policy” and the creation of a “Drug-Free Workplace” Committee.

III. RATIONALE:

The PDEA playing the lead role in the implementation of RA 9165 is expected to set an example in the implementation of a drug-free workplace policy. With this distinct role, the PDEA is committed to provide a safe working environment and promote the well-being of its officials and employees. The PDEA condemns the use of dangerous drugs and/or engaging in any illegal drugs transaction either by possession, distribution, selling, and other illegal activities.

The PDEA will institutionalize a “Drug-Free Workplace Program” through the formulation of a comprehensive implementing guidelines to ensure that there will be no incidence of drug abuse recorded and that no personnel will be involved in any drug related offenses.

LEGAL BASES:

1. Section 36 (e) (Officers and Members of the Military, Police and Other Law Enforcement Agencies), Article III of Republic Act 9165.
2. Article V, Republic Act 9165 refers to the Promotion of a National Drug Free Workplace Program with the participation of private and labor sectors and the Department of Labor and Employment (DOLE).
3. Paragraph 1, Section 1, Board Regulation No. 2, Series of 2004, provides that every agency shall adopt its own drug abuse policy in the workplace, which shall serve as a legal document that communicates the organization’s position in the use of illegal drugs as well as outlining the responsibilities of the employer, the employees, and the employee's union. The policy must be developed through a process where consensus is achieved regarding its contents.
4. CSC Resolution No. 101359 dated 06 July 2010, with reference to CSC Memorandum Circular No. 13, Series of 2010 Subject: “Guidelines for a Drug-Free Workplace in the Bureaucracy”.

IV. OBJECTIVE:

The guidelines shall be implemented to institutionalize a “Drug-Free Workplace Program” in the PDEA.

V. SCOPE AND COVERAGE:

The guidelines shall apply to all officials and employees of the PDEA without distinction as to rank status or position salaries and to include those who will be applying for a position in accordance with the existing Civil Service Commission (CSC) Rules and Regulations.

VI. DEFINITION OF TERMS:

1. Administer - any act of introducing any dangerous drugs into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means or of committing any act of indispensible assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.
2. Agency - refers to the Philippine Drug Enforcement Agency (PDEA).
3. Authorized Specimen Collector (ASC) - personnel from the PDEA Laboratory Service (LS) or Regional Office Laboratory (ROL) authorized to collect urine specimen.
4. Authorized Drug Test - the testing done on a person’s urine specimen to determine the presence of dangerous drugs by any government forensic laboratory which shall employ, among others, two (2) testing methods, the screening and confirmatory tests.
5. Challenge Test - is a replicate test on the same urine sample which is confirmed positive, conducted within the 15-day period from receipt of the confirmatory test result by the donor and can only be done once.
6. Certification - a document attesting that the donor has not been tested positive for the presence of any dangerous drugs for the past six (6) months.
7. Committee - refers to the PDEA Assessment Committee on the Implementation of Guidelines for a Drug Free Workplace Policy.
8. Confirmatory Drug Test - an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It will be done by any government forensic laboratory or any of the drug testing laboratories accredited and monitored by the DOH having confirmatory test capabilities.
9. Custody and Control Form (CCF) - a form which records the names of people who handle the urine samples and reflects the chain of custody, the names and signatures of the donors and the dates of its collection. It also contains the acknowledgment of the donor that the urine sample submitted was sealed in his/her presence and not adulterated, and that all information given is true and correct.
10. Dangerous Drugs - include those listed in the Schedules annexed to the 1991 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of RA 9165.
11. Dangerous Drug Use - use of addictive substance including illegal drugs, prescription drugs and over the counter drugs.
12. Donor - a person who gives his/her urine sample for purposes of mandatory drug testing.
13. Drug Test Certificate - a declaration/statement of the result of the drug test issued by government forensic laboratory.
14. Drug Testing Consent Form (DTCF) - a form which records the purpose of the drug test and consent to give his/her urine sample.
15. Drug Testing Laboratory - a government forensic laboratory facility that performs screening or confirmatory test on illicit drugs.
16. Drug Offender - any employee found to be positive of using dangerous drugs or who commits any violation of RA 9165.
17. GCMS - refers to Gas Chromatograph-Mass Spectrometer
18. “For Cause” or “Probable Cause” Drug Test - drug testing required when there is a “probable cause” or “reasonable ground” to believe that a person is using or is under the influence of dangerous drugs.
19. Mandatory Drug Test - compulsory submission of an employee for drug testing as required by Republic Act (RA) 9165 and by PDEA’s internal rules and regulations.
20. Republic Act (RA) 9165 - refers to “The Comprehensive Dangerous Drugs Act of 2002”.
21. Receiving Logbook (RL) - records the date and time of request for the conduct of drug test and the name of the party requesting said test.
22. Screening Drug Test - a rapid drug test performed to establish potential or presumptive positive result. It refers to the immunoassay test to eliminate a "negative" specimen, i.e.; one without presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test.
23. Sell - any act of giving any dangerous drug and/or controlled precursor and essential chemical whether for money or any consideration.
24. Unlawful Acts - refer to any of the unlawful acts penalized under Article II of RA 9165.
25. Use - any act of introducing substances into the body by injection (intravenously or intramuscularly) and/or consumption (either by chewing, smoking, sniffing, eating, swallowing or drinking) of the dangerous drugs.

VII. CREATION OF ASSESSMENT COMMITTEE:

A. An Assessment Committee is hereby created composed of the following:

B. The Committee shall undertake the following duties and responsibilities:

1. To oversee the formulation and implementation of the Agency’s anti-drug policy;
2. Initiate continuing education and awareness program for the Agency’s employees;
3. Initiate and adopt values formation, family enhancement and such other related and relevant programs; and
4. Monitor and evaluate the implementation of a “Drug-Free Workplace Program” for the Agency.

VIII. GENERAL GUIDELINES:

1. The Agency’s National and Regional Offices shall display billboards in strategic and conspicuous places bearing the message: “This is a Drug Free Workplace. Let Us Keep it That Way”. Said billboards shall be displayed as soon as an official declaration of a drug-free workplace is issued by the PDEA Laboratory Service (LS) and approved by the PDEA Director General (DG).
2. A drug test shall be mandatory for pre-employment to the PDEA and promotion of personnel and such test shall be administered by PDEA Laboratory Service (LS).
3. All PDEA personnel shall be subjected to surprise mandatory drug test once a year or more subject to the discretion of the management. The drug test may be announced or unannounced at any time to be conducted by the PDEA Laboratory Service or Regional Office Laboratory (ROL). Regional Directors (RDs) shall personally supervise the conduct of drug testing in their respective regional offices.
4. Urine samples shall be collected for the mandatory drug test. The conduct of the mandatory drug test shall strictly follow the provisions provided in the DDB Regulation No. 2, Series of 2004 entitled: “Guidelines in the Formulation of a Drug-Free Workplace Program and the Conduct of Authorized Drug Testing by all Offices, Bureaus, and Agencies of the National and Local Governments, Government Owned and Controlled Corporations and Other Institutes of Learning Including State Colleges and Universities”, as approved by competent authority.
5. The mandatory drug test shall employ two (2) testing methods, the screening test which shall determine the positive result as well as the type of the drug used and the confirmatory test which shall confirm a positive screening test.
6. If the PDEA personnel tested positive for dangerous drugs after a confirmatory test, such result shall immediately be made known to the Chairperson, Assessment Committee or the PDEA Director General or to any person designated by the Agency who requested the test.
7. After the receipt of the result of mandatory drug test, the same shall be known to the personnel who tested positive for dangerous drugs use after a confirmatory test, who may challenge such test result within fifteen (15) days from his/her receipt of the result.
8. Results of the challenged tests shall not be subject to cut-off concentration levels that were established from the same tested confirmed specimen. Results of the challenge test shall be the basis for the final determination of the mandatory drug test result.
9. Confirmed positive results of applicants for entry/employment shall be a ground for disqualification.
10. Laboratory reports of positive results of the screening test and/or confirmatory test shall be treated with confidentiality and shall be disclosed in accordance with the internal rules and regulations of the Agency.
11. If confirmed after a confirmatory test, the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice to the prosecution for other violations of the provisions of Republic Act 9165; Provided, that a positive screening test must be confirmed for it to be valid in a court of law.
12. Any misrepresentation or attempt to commit misrepresentation in the Consent and Chain of Custody Forms or in the collection of urine samples shall constitute dishonesty.
13. The PDEA personnel found positive for dangerous drugs use after a confirmatory test shall constitute prima facie evidence for Grave Misconduct. Similarly, the refusal of any PDEA personnel to undergo mandatory drug test shall also be considered prima facie evidence that he/she is using dangerous drugs and likewise be subjected to disciplinary action for Grave Misconduct. Moreover, any PDEA personnel present on the date of the scheduled drug test but refuses to undergo the same such as leaving the PDEA premises without first undergoing said test or other analogous cases shall be construed as a refusal.
14. Any PDEA personnel who fails to submit himself/herself to a mandatory drug test as scheduled shall explain in writing, to the Assessment Committee thru the PDEA Internal Affairs Service (IAS). The PDEA Laboratory Service (LS) or Regional Office Laboratory (ROL) shall schedule a separate mandatory drug test for them. Unsatisfactory explanation shall be a ground for disciplinary action for dishonesty.
15. Any employee found violating any provision of RA 9165 shall be dealt with criminally pursuant to RA 9165 and administratively pursuant to CSC Rules and Regulations.
16. A module on “Drug-Free Workplace” shall be included in all PDEA career and special courses.
17. The Agency shall create awareness and conduct various activities to encourage employees to lead a healthy lifestyle while at work and at home.
18. The Agency shall maintain a system that shall continuously monitor and evaluate the implementation of its “Drug-Free Workplace Program” in order to develop timely and relevant policies. Such policies can be made useful with the PDEA through the following: 1. Policy integration in the Agency’s over-all plans and programs; and
    2. Coordination with concerned Services/Offices to ensure compliance to policies and programs.

IX. PROCEDURES ON THE CONDUCT OF MANDATORY DRUG TESTING:

X. FLOWCHART

For further guidance on the conduct of mandatory drug testing reference can be made to the Flowchart* attached hereto.

XI. PROCEDURE ON THE FILING OF ADMINISTRATIVE CASE AGAINST
PERSONNEL FOUND POSITIVE FOR DANGEROUS DRUGS USE OR ANY VIOLATION OF
THIS MEMORANDUM CIRCULAR

1. After the lapse of the 15-day period to challenge the result of the confirmatory test or after the receipt of the result of the challenge test, a Show Cause Order to the personnel found positive for drug use or any violation of this MC shall be issued, directing him/her to explain in writing, within three (3) days from receipt of the Show Cause Order, why no administrative case shall be filed against him/her.
2. After the lapse of the period given to the person complained of to explain his/her side, a preliminary investigation shall be conducted to determine whether a prima facie case exists to warrant the issuance of a Formal Charge against the personnel found positive for dangerous drugs use, or who violates any of the provisions of this MC.
3. If a prima facie case is found to exist, a Formal Charge for Grave Misconduct shall be signed by DG, PDEA. Otherwise, the case shall be dismissed.
4. If a Formal Charge is issued, the respondent shall be directed to submit his/her Answer under oath, including documentary evidence and sworn statements of witnesses, if any, within 72 hours from receipt of the Formal Charge.
5. A formal investigation, which includes the conduct of hearings, shall be conducted:
   a. Where the merits of the case cannot be decided judiciously without conducting such investigation; or
   b. When the Respondent elects to have one.
6. If a formal investigation is not necessary or was not requested by the respondent, a Report containing the findings and the evidence in support of the same based on all the documents obtained and the recommendation on the case shall be submitted to the Director General for his approval.
7. In cases where a formal investigation was conducted, a Formal Investigation Report shall be prepared within fifteen (15) days after the conclusion of the investigation by the Hearing Officer and shall be submitted to the Director General for approval.
8. Within thirty (30) days from receipt of the Formal Investigation Report, the disciplining authority shall issue a Decision on the case.

XII. MONITORING AND EVALUATION

The promotion and implementation of a “Drug-Free Workplace” Program of the Agency shall be monitored by the Assessment Committee thru the Plans and Operations Service (POS) in accordance with the Matrix for the Implementation of a Drug Free Workplace Policy. The Plans and Operations Service shall see to it that the policy is integrated in the over-all plans and programs of the Agency and shall ensure its compliance by all concerned services or offices.

XIII. REPEALING CLAUSE:

All issuances and/or orders inconsistent with the provisions of this Memorandum Circular are deemed repealed.

XIII. EFFECTIVITY:

This Memorandum Circular shall take effect fifteen (15) days after its publication at the Office of National Administrative Register (ONAR) at the Bocobo Hall, UP Law Complex, University of the Philippines, Diliman, Quezon City.

(SGD) UNDERSECRETARY ARTURO G CACDAC JR, CEO IV
Director General

* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.