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Sunday, May 23, 2004
No drug test, no post assumption: Comelec
MANILA -- National and local candidates who refuse to submit themselves to the mandatory drug test cannot assume office even if they have been proclaimed winners by the Commission on Elections (Comelec).
Comelec Chairman Benjamin Abalos, Sr. said Saturday that unless the Supreme Court deems the provision of the law as illegal, they will continue implementing it.
"Assumption is different from proclamation. If you are hardheaded then you cannot assume," Abalos said, adding "the law explicitly states that an elected official could never be allowed to take his post until he has been cleared of the drug test."
Taking the case of Davao City where elected Mayor Rodrigo Duterte reportedly refused to submit himself to a drug test, Abalos said the vice-mayor would take his place until Duterte complies with the requirement.
"It's up to him if he refuses because our position is, anybody, before assumption to office, should at least undergo a drug test. You can run but you cannot be qualified unless you submit yourself to a drug test," Abalos stressed.
"This is not our law, they enacted it and were only implementing it. If we don't implement it that is a total disregard of the law and we could be impeach for that," the Comelec chief explained.
Abalos noted that should the candidate were found positive during the drug test, the elective official could still assume post provided he undergo treatment before assuming office.
All five presidential candidates have undergone drug tests.
Among those who have yet to comply the mandatory drug testing are vice presidential candidate Rodolfo Pajo and senatorial bets Aquilino Pimentel, lawyer Nic Gatmaytan, Jay Sonza, Perfecto Yasay, Alvin Almirante, lawyer Oliver Lozano, Norma Nueva, Jinggoy Estrada, Alfredo Lim, Salvador Escudero, former Gen. Ramon Montano, Ismael Aparri, Pilar Pilapil and John Osmena.
Pimentel, Estrada and Lim are in the top 12 of the senatorial race.
Abalos said the law states that all candidates whether appointed or elected, both in the senatorial or local government, shall undergo a mandatory drug test.
"No person elected to any public office shall enter upon the duties of his office until he has undergone mandatory drug test and filed with the offices enumerated," he pointed out.
Abalos said they would notify the offices concerned on the provisions of the law, which the candidates refused to comply with.
"We are merely implementing the law," he stressed.
Silent
Meanwhile, the local Comelec officials in Davao region requested to be "spared" from being involved in the growing "war" between Duterte and Comelec district officials.
Lirio Joquiño said she "does not want to be a part" of the issue, and suggest that media waits for District 1 Comelec supervisor Marc Dominic Fernandez for comment.
She said Fernandez is now in Manila.
Duterte last Friday lambasted the city's Comelec officials for "hurrying him up" in submitting the drug test result, but declared that he will not submit himself to a drug test.
He said he will not comply with the requirement of the Comelec because of numerous lapses in their duties, and that he will withdraw the government's support to the poll body.
Duterte said numerous voters failed to cast votes because their names could not be located, and that Comelec failed to publish the names of officials who took the drug test.
Duterte said the drug test requirement for those seeking elective posts does not exist in the Local Government Code.
Duterte also said that the Comelec resolution requiring political candidates to submit themselves to drug testing does not include punitive actions for those found positive to drug tests. (Marie Neri of SunnexLuzon and Ben Tesiorna of Sun.Star Davao)
(May 23, 2004 issue)
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