Press Release
January 19, 2009

STUDENT URGED TO QUESTION LEGALITY OF RANDOM
DRUG TEST IN COURT

Senate Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban) today urged student organizations to question before courts the legality of the mandatory drug test on students in both public and private schools imposed by the Arroyo government.

He said that anti-narcotics authorities and the local police forces should instead step up the crackdown on drug syndicates preying on the students to prevent drug abuse in the school campuses.

In many instances, Pimentel said it has been shown that the incidence of drug addiction in the communities has been greatly minimized or completely eliminated when the sources or suppliers of the illegal drugs have been busted and curbed.

The veteran legislator said he is convinced that drug testing for students, whether random or compulsory, is the wrong approach to address the worsening drug menace.

Pimentel described the random drug test as dangerous and may be prone to abuse by the authorities specially if it is enforced without clear-cut guidelines and safeguards.

"In my view, that may be dangerous. I am afraid that this may be used by unscrupulous law enforcers to harass and even extort money from students," he said.

"If the students concerned would like to question the legality of this order, they can do so before the courts."

Pimentel said a group of jeepney drivers has complained to him that the mandatory drug test that are imposed on them is being used by corrupt land transportation officers to extort money from them. Some drivers had told him that drug clearances are available for a fee even if no tests are administered.

"If this malpractice is happening to the drivers, there is likelihood that this will also happen to students," Pimentel said.

Random drug testing for students was ordered by President Gloria Macapagal Arroyo following reports that the incidents of drug abuse and addiction in the country are on the rise. Dangerous Drugs Board chairman Vicente Sotto III justified the presidential directive by claiming that random drug testing in schools is preventive, not punitive in nature.

He said the problem with random drug testing is that even students who do not use any illegal drug at all will be subjected to the examination which may be violative of their rights.

Pimentel said if the students will be required to shoulder the cost of the drug examination, that will mean an unwarranted expense on them which may be burdensome to them and their families.

Recently, the Supreme Court, in response to Pimentel's petition, issued a decision voiding the resolution of the Commission on Elections mandatory requiring candidates for public positions to undergo drug test for being unconstitutional.

Pimentel had argued that the mandatory drug test unnecessarily adds to the expenses of candidates and Comelec resolution in question was tantamount to a usurpation of legislative authority.

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