Palace told Robin: Universal drug testing 'unconstitutional'

Malacañang on Wednesday reminded Senator Robinhood Padilla that his proposal to mandate drug testing for all government officials, including the President, violates the Constitution.

In a press briefing, Presidential Communications Undersecretary and Palace Press Officer, Atty. Claire Castro said the Supreme Court has already ruled against universal or mandatory drug testing, affirming only random testing as legally permissible.

“Ang allowed lamang po ay ang random drug testing. So, baka magsayang lang po ng oras at pera o pondo si Senator Robin Padilla. Aralin po muna niya po ang nais niyang gawing batas (Only random drug testing is allowed. So, Senator Robin Padilla might just be wasting time and money or funds. He should study first the law he wants to propose),” Castro said.

Castro cited the Supreme Court’s November 3, 2008, decision in Social Justice Society v. Dangerous Drugs Board and the Philippine Drug Enforcement Agency (PDEA), where the high court declared universal drug testing unconstitutional for infringing on the right to privacy.

When asked if Malacañang supports Padilla’s proposed Senate Bill 1200, Castro responded. “Hindi ko sinasabing hindi pabor. Iyan ay labag sa batas (I'm not saying I'm not in favor. That is against the law.)

On Monday, Padilla filed Senate Bill 1200, which seeks to institutionalize annual drug testing for all government personnel from rank-and-file employees to the President, using hair follicle analysis for screening and urine testing for confirmation.

The filing came on the heels of controversy involving Padilla’s political affairs officer, actress Nadia Montenegro, who resigned the same day amid allegations she used marijuana inside the Senate building. 

Montenegro has denied the accusation.

Despite the timing, Padilla said the bill is meant to promote transparency and accountability among public servants.