SC mandates pre-employment drug test in judiciary offices

THE Supreme Court (SC) announced the approval of the “Guidelines for the Implementation of a Drug-free Policy in the Judiciary,” which mandates, among others, the conduct of mandatory and random drug-tests for applicants and employees in the judiciary, including justices and judges. 

The Guidelines, which were made public by the Court on Friday, September 15, 2023, will take effect immediately after its publication in a newspaper of general circulation on September 17, 2023.

Under the Guidelines, drug testing will be required as part of the pre-employment requirement in the Judiciary. 

On the other hand, employees who will be found positive for dangerous drug use will be meted with administrative sanctions, such as suspension or termination, subject to the provisions of the Civil Service Law, Rules of Court and administrative issuances. 

Proper treatment and rehabilitation for those drug users will also be encouraged. 

The Guidelines was issued in line with the Memorandum Circular No. 13 Series of 2017 or the Guidelines in the Mandatory Random Drug-Test for Public Officials and Employees and for Other Purposes issued by the   Civil Service Commission (CSC), the central human resource institution of the government, mandating pre-employment drug testing as a requirement for initial entry to the government and initial subsequent drug testing of public officials and employees. 

While the SC acknowledges that Section 3 (1) of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, provides that information about an individual’s health is considered sensitive personal information, Section 13 (b) of the said law “permits the processing of sensitive personal information when the same is provided for by existing laws and regulations, provided, that such regulatory enactments guarantee the protection of sensitive personal information and the privileged information, provided, further, that consent of the data subjects are not required by such law and regulation.”

The SC assured that court employee’s drug test results would be handled with strict confidentiality by the personnel division of the SC, Court of Appeals, Court of Tax Appeals, Sandiganbayan and the Office of the Court Administrator.

It added that only the Drug-Free Workplace Committee (DFWC) and the team authorized by it to conduct drug test would have access to the personal and sensitive personal information of the employees who were chosen to undergo drug tests.

The DFWC will be composed of the heads of the SC, Court of Appeals, Sandiganbayan, Court of Tax Appeals and Office of the Court Administrator or their representative, representative from the personnel division, head of the medical department or a representative and representative from the employee’s association, if there is any.

The Guidelines also seeks to enhance awareness about the use, abuse, and adverse effects of dangerous drugs among the judiciary’s officials and employees through information dissemination and periodic random drug testing.

“The Guidelines applies to all officials or personnel of the Judiciary, regardless of status of appointment, who are employed at the Supreme Court, the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, and the first- and second-level courts under the direct supervision of the Office of the Court Administrator,” the SC said.

The Guidelines likewise covers employees in the Judicial and Bar Council, Judicial Integrity Board, Philippine Judicial Academy, Office of the Judiciary Marshals, Mandatory Continuing Legal Office, and all other offices placed under the supervision of the Supreme Court.

Other workers detailed or working in the courts such as security and janitorial services personnel hired through service contracts as well as employees detailed as members of the Senate Electoral Tribunal and House of Representatives Electoral Tribunal are also subject to the Guidelines.