MANILA, Philippines - Five agencies of the government, including the Land Transportation Office (LTO), were supportive and knowledgeable of the repeal of the mandatory drug testing for drivers as envisioned then under the new Anti-Drunk and Drugged Driving Act, a senior senator said Thursday.
Sen, Gregorio Honasan noted that Assistant Secretary Elmer Punzalan of the Department of Health; Dr. Brenda Bascos, head of the LTO Medical Unit; then Police Superintendent Francisco Uyami of the Philippine National Police’s Anti-Illegal Drugs Task Force and Chief Superintendent Victorio Caragan supported the expressed repeal on the drug testing provision under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
The officials were the resource persons invited by the Senate during the deliberations of Senate Bill 45, filed by Sen. Vicente Sotto III. This eventually paved the way for the passage of RA 10586 or the new DUI (driving under the influence) law.
“Today, section 36 (a) of RA 9165 no longer exists. The repeal [of the provision] is an expressed repeal. No interpretation is necessary,†said Honasan, chairperson of the Senate committee on public order and dangerous drugs during the 15th Congress.
Honasan explained that the burden of proving that an applicant is free from the use of dangerous drugs is no longer on the applicant for driver’s license or those applying for a renewal.
“All applicants are presumed innocent of the crime of attempting to drive while under the influence of drugs, so to speak,†he said.
Honasan echoed Sotto’s statement that Section 19 of RA 10586 was clear on the repeal of the mandatory drug testing clause under RA 9165.
The provision read: “... sub-paragraph (a), Section 36 of Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and regulations or parts thereof which are inconsistent with any provisions of this Act, are hereby repealed or modified accordingly."
Honasan even quoted transcripts of the public hearings, wherein government executives expressed their support on the measure and effectively the repeal of the mandatory drug testing.
“The PNP Anti-Illegal Drugs Task Force, sir supports ... Senate Bill No. 45. We are also aware of that provision, Section 36 (a) of Republic Act 9165 wherein really the drivers or the applicants had found a way of circumventing this law in order to get a driver’s license,†Uyami was quoted as saying during the hearing.
Uyami even pointed out that the passage of the measure was relevant and timely because anti-drug authorities are concerned more of conducting a possible test after the driver’s license had been issued.
Former Philippine Drug Enforcement Agency chief Dionisio Santiago also testified that the PDEA accedes to the revision.
Honasan also cited a report of the Dangerous Drugs Board that around four million drivers are subjected by the LTO to mandatory drug tests every yeay with each applicant paying between P300.00 to P350.00 for a drug test.
President Benigno Aquino III signed the new law on May 27, 2013.
LTO chief Virginia Torres has issued a status quo order, pending the creation of the implementing rules and regulation (IRR) of the new law.