Davao City Vice Mayor Paolo Duterte answers questions during teh senate probe on the 6.4 Billion drug smuggling on September 7, 2017. George Calvelo, ABS-CBN News

MANILA (UPDATE) – Davao City First District Rep. Paolo Duterte has filed a bill seeking to mandate random drug tests on all elected and appointed government officials, including the President.

Under House Bill 10744, the random drug test will use hair follicle samples. If an individual tests positive, a confirmatory urine drug test will be conducted.

“Any official found positive for use of dangerous drugs shall be dealt with administratively, which shall be a ground for suspension or termination from office, subject to certain pertinent laws,” according the measure.

The bill adds that candidates for electoral post are not precluded from undergoing voluntary hair follicle drug test within 90 days prior to the elections.

"Considering the initiatives towards the deterrence of drug use and abuse, exemptions or favors in the mandatory nature of random drug testing shall not extend to certain class privilege such as the elected and appointed officials, since it becomes imperative upon their own mandate that they shall lead the life of modesty and integrity," Duterte said in his explanatory note.

“Being at the forefront of public service with the mandate towards integrity and modesty, it is imperative that public officials and government employees should be the very first to uphold such Constitutional mandate by submitting themselves towards accountability measures that serve as a tool in addressing the fulfillment of this mandate,” he added.

LAWMAKERS REACT

For Kabataan Party List Representative Raoul Manuel, the bill needs careful study, noting that the drug problem is a health problem and should not be used in political agenda. He added that the proposal could violate individuals’ right to privacy.

Manuel also finds the timing of the bill questionable.

“Yan lagi ‘yung mga distractions nila eh. Kapag naiipit sila, lalo na't nandyan ang ICC para tumulong sa Pilipinas para mabigyang hustisya ‘yung mga maraming namatay. Distractions nila ito,” he said in an interview with the media.

House Deputy Majority Leader and PBA Party-list Rep. Margarita Nograles said the proposed measure should not single out specific individuals, and that it should apply across all levels of government, including local government units (LGUs).

Her call for inclusivity is particularly pertinent given recent reports that 37 officials and employees in Davao City hall—the Duterte family’s political stronghold—tested positive for illegal drugs during random tests.

“We respect it and it will go through the process. Sana lang na mapakita niya bakit niya ginagawa ito, and it’s not for any vindication of anything. It’s not to single out someone because that will be unconstitutional, and sana this applies also sa Local Government Units because as our friends in media know, even in Davao City mayroong mga 37 I think that tested positive sa drug test, random drug test sa isang department. So, sana this applies to all hindi lang mag single out,” Nograles said.

Davao Oriental 2nd District Rep. Cheeno Almario echoed these sentiments, and criticized the mention of a specific government post in the measure. He called for a thorough examination by all relevant agencies to ensure that the bill aligns with Constitutional principles and genuinely serves the public interest.

“To include a specific position might also infer that there might be, as much as I hate to say it, a personal agenda behind the bill,” Almario said.

1-RIDER Party List Rep. Rodge Gutierrez also believes it is essential to scrutinize the details of the bill, but expressed openness to supporting it should there be no Constitutional barriers.

“For as long as there will be a germane, valid classification in line with the equal protection of the laws, as long as it will be allowed, I think we would support that,” he said.

They also called on Duterte to show up and defend his bill, with Almario and Nograles saying they hardly see him at the House of Representatives.

“Mas excited po kami na makasama siya sa committee hearings, ‘pag ipinatawag na ito ng tamang komite,” House Assistant Majority Leader and Taguig City 2nd District Rep. Amparo Maria Zamora said.

During Tuesday’s session, Duterte’s bill was referred to the House Committee on Dangerous Drugs.

The lawmaker’s father, former President Rodrigo Duterte, and his successor President Ferdinand Marcos Jr. have traded accusations of drug use. Neither man offered any evidence for their allegations.

Marcos has never been on a drug watch list, the Philippine Drug Enforcement Agency previously said.

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