May 14, 2019

The Civil Service Commission (CSC) recently amended the policy on mandatory random drug testing in the civil service to specify exemptions.

The Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and for Other Purposes, issued via CSC Resolution No. 1700653 and taking effect on 18 April 2017, provided that any public official or employee found positive for drug use at the first instance shall be required to undergo a mandatory rehabilitation or counseling program depending on the severity of drug use. Those who refuse to undergo such or fail to complete the rehabilitation program shall be formally charged with the administrative offense of Grave Misconduct.

Meanwhile, the Dangerous Drugs Board (DDB) issued DDB Regulation No. 13, s. 2018 on 30 August 2018, which provides that public officials and employees found positive for drug use at first instance shall be subjected to disciplinary/administrative proceedings with a penalty of dismissal from the service.

To ensure proper implementation of these two issuances, the Commission emphasized via CSC Resolution No. 1900238 dated 8 March 2019 that CSC Resolution No. 1700653 shall remain as the general policy on the conduct of mandatory random drug testing for public officials and employees, while DDB Resolution No. 13, s. 2018 shall only be adopted by government agencies who are exempted from the coverage of CSC Resolution No. 1700653.

Further, the Commission specified that officers and members of the military, police, and other law enforcement agencies are exempted from CSC’s policy and shall be subjected to DDB Regulation No. 13, s. 2018. Elective officials and presidential appointees are also exempted from CSC’s policy on mandatory random drug testing.

Law enforcement agencies, with respect to their non-uniformed personnel, and other government agencies mandated by law to lead in the implementation of the anti-drug campaign and programs of the government may file a petition with the CSC for exemption from the provisions of CSC Resolution No. 1700653 and to adopt DDB Regulation No. 13, s. 2018.

Procedures for filing of exemptions are also specified in CSC Resolution No. 1900238. The resolution was published on the Philippine Star on 5 May 2019 and shall take effect fifteen (15) days after.

For queries, contact the CSC Office for Legal Affairs at (02) 932-3781, (02) 951-2630, (02) 951-2625, or send them to the CSC’s Online Information and Legal Assistance forum at http://www.csc.gov.ph/forum/.