QuestionsQuestions (DBM NATIONAL BUDGET CIRCULAR NO. 467)
To establish and institutionalize drug-free workplace policies in all government offices and ensure that public officers (elective and appointive) remain drug-free through authorized drug testing under RA 9165 (as amended by RA 10640). It also aims to ensure effective and efficient public service free from the ill-effects of drug use.
All appointive public officers in national government offices (including constitutional bodies, departments, bureaus, agencies), GOCCs, SUCs, and elective local officials of LGUs.
Officers and members of the military, police, and other law enforcement agencies who are required to undergo annual mandatory drug testing under the Act.
The officer shall be subjected to disciplinary/administrative proceedings, with a penalty of dismissal from the service at first offense (for those covered as stated in the text).
Testing done by DOH-accredited drug testing laboratories. It includes a screening test and a confirmatory test.
Screening test is a rapid immunoassay that determines presumptive positive results and identifies potential drug types; confirmatory test is a more specific analytical test using a different chemical or physical principle that validates/confirm the screening result.
A drug test conducted as a result of a challenge filed by a public officer who tested positive in the confirmatory test in an authorized drug testing activity.
After the Head of Agency notifies the officer of a positive confirmatory result, the public officer has 15 days from receipt of notice to challenge the result; failure to challenge within this period makes the confirmatory result final.
Only the Head of Agency or the Local Chief Executive (as applicable) and members of the Assessment Team have access to results; the Head/LEC must immediately know the positive result and notify the concerned public officer.
A challenge test is conducted using the same specimen by a DOH-accredited laboratory; expenses for the challenge are borne by the concerned public officer. A positive challenge result is deemed final and leads to administrative proceedings.
All drug test results and records are strictly confidential, with access limited to the Head of Agency/Local Chief Executive and the Assessment Team. Results and records must be attached to the 201 file, and unauthorized disclosure is punishable under the regulation and Section 32, Article II of RA 9165.
The Head of Agency forms a Drug-Free Workplace Committee to assist in drafting and implementing the policy, and creates an Assessment Team composed of trained personnel (medicine, psychology, social work, HR) to assist in substance abuse awareness/prevention and in implementing the Employee Assistance Program.
Ensure adoption and implementation of a continuing and sustainable substance abuse awareness and prevention program; inform all officials/employees about the policy, risks of drug use, sanctions, and availability of the Employee Assistance Program.
Yes. Mandatory drug testing remains a requirement for initial entry to government service. An applicant found positive is denied entry to government service.
Yes. The regulation states that Contract of Service or Job Order employees are subject to authorized drug testing, and it should be reflected in the agency’s Drug-Free Workplace Policy.
If the appointive public officer refuses without valid reason to submit to authorized drug testing, or is found positive after confirmatory testing, the officer shall be charged with the administrative offense of Grave Misconduct.
They are subject to disciplinary action for misconduct in office pursuant to the Local Government Code (Section 60) and its IRR (Article 124(3)), if they refuse without valid reason or are found positive after confirmatory testing.
If the Head of Agency/Local Chief Executive fails to formulate or implement the Drug-Free Workplace Policy within two (2) months after effectivity, the penalty is under Section 32, Article II of the Act; PDEA and DILG handle filing/coordination of cases for the proper prosecution.
Agencies/LGUs must submit their drug-free workplace programs and reports to the Dangerous Drugs Board (DDB) (LGUs to DDB and DILG). They must ensure annual funding for implementation in their budgets, consistent with the Philippine Anti-Illegal Drugs Strategy; funds may also come from employee health and wellness budgets.