Question & AnswerQ&A (PDEA MEMORANDUM CIRCULAR NO. 2014-0004)
The primary legal basis is Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, specifically Section 36(e) for officers and members of law enforcement agencies, and Article V regarding the promotion of a National Drug-Free Workplace Program.
All officials and employees of the PDEA without distinction of rank, status, position, or salary, including applicants applying for positions in accordance with the Civil Service Commission (CSC) rules and regulations, are covered under this policy.
Administration means any act of introducing dangerous drugs into the body of any person by injection, inhalation, ingestion, or other means, with or without their knowledge, except when administered by a duly licensed practitioner for medication.
The Committee oversees the formulation and implementation of the anti-drug policy, initiates education and awareness programs, adopts values formation and related programs, and monitors and evaluates the Drug-Free Workplace Program implementation.
Procedures include informed consent, collection of urine samples under secured and monitored conditions, two testing methods (screening and confirmatory), confidentiality of results, and allowing a 15-day challenge period for positive test results.
The positive result is prima facie evidence of dangerous drug use, which constitutes grave misconduct. The personnel will be subject to disciplinary action and possible dismissal, and criminal prosecution may also ensue.
Refusal to undergo mandatory drug testing is considered prima facie evidence of drug use and is treated as grave misconduct subject to disciplinary action.
Dangerous drugs include substances listed in the schedules annexed to the 1991 Single Convention on Narcotic Drugs and the 1971 Single Convention on Psychotropic Substances, as amended, and enumerated in RA 9165.
The ASC is responsible for overseeing the proper collection of urine specimens, ensuring secure and tamper-proof collection sites, observing the donor during sample collection, and properly labeling and sealing the samples.
Laboratory reports and drug test results are treated with confidentiality and are disclosed only in accordance with internal rules, ensuring that only authorized persons have access to such information.
The donor may request a challenge test within 15 days, using the same urine specimen, to be re-examined by an authorized government forensic lab. All expenses are borne by the donor, and the result of the challenge test is final.
A Show Cause Order is issued directing the personnel to explain why an administrative case should not be filed. A preliminary investigation follows to determine if there is a prima facie case to warrant formal charges for grave misconduct.
Documentation includes the Custody and Control Form (CCF), Drug Testing Consent Form (DTCF), Certification, and Receiving Logbook that records chain of custody and donor information.
Yes, the person must declare the medication, its purpose, duration of use, physician's name, and drugstore details. Medical certificates or records must be submitted within 24 hours for verification.
Misrepresentation or attempts to misrepresent in the drug test documentation constitutes dishonesty, which is ground for disciplinary action including possible dismissal for grave misconduct.