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Tuesday, July 01, 2003
SC orders gov't to defend validity of anti-drug law
By Benjamin B. Pulta
THE Supreme Court (SC) has ordered the government to answer a suit filed by a lawyers' group questioning the constitutionality of the fledgling Comprehensive Dangerous Drugs Act of 2002's provisions on mandatory drug testing.
In a resolution, the SC en banc through Clerk of Court Luzviminda Puno said the tribunal, "without giving due course to the petition," requires "the respondents to comment thereon within ten days from notice hereof."
Named respondent in the suit filed by the Social Justice Society (SJS) political party were the Office of the Solicitor General (OSG), the Dangerous Drugs Board (DDB) and the Philippine Drug Enforcement Agency (PDEA).
In the meantime, justice officials Monday said they will enforce the mandatory testing of suspects unless the Supreme Court (SC) invalidates it.
Speaking to reporters, Justice Undersecretary Ma. Merceditas Gutierrez said that without an SC ruling, the new anti-drug law will be presumed "valid and constitutional."
"It still has to be decided by the SC," said Gutierrez, who is part of the government task force coordinating with the Philippine Drug Enforcement Agency (PDEA).
The SJS earlier asked the Supreme Court to declare unconstitutional the provision of the law that requires mandatory drug testing.
SJS President Samsom Alcantara said the provision violates the people's constitutional rights and likened it to unreasonable searches and seizures.
The questioned provision, Section 36, empowers the government, through the health department and its accredited drug-testing laboratories, to conduct random drug testing on high school and college students, and officers and employees of public and private offices.
(July 1, 2003 issue)
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