Drugs and Politics

(Note: This article also appeared in The Freeman Newspaper on January 29, 2014)

It was in the year 2000 when an ordinance requiring compulsory drug testing for new job applicants and random drug tests for existing employees was introduced in the Cebu City Council.

Then city councilor and now Vice Mayor Edgardo Labella crafted and sponsored City Ordinance 1829 that requires all employees of the Cebu City government to undergo drug testing– as a pre-employment requirement and as an annual random check-up.
Basis
The arrests of two City Hall employees and a barangay tanod who were caught peddling shabu during a buy-bust operation conducted inside a government-owned vehicle parked in front of the City Hall building in October 1, 1999 prompted Labella to craft the ordinance.

Labella, in the ordinance, said the reports of illegal drug use and trafficking in Cebu City have already reached alarming proportions, endangering the inhabitants’ general welfare, security and safety.
Strong Sign

He said that the arrest of two city employees, which took place right in front of the City Hall building, sends a strong sign of the extent of the illegal drug trade and trafficking in the city that needs to be attended immediately.

The former Ombudsman director successfully convinced his colleagues in the City Council to approve his proposed ordinance, explaining that the Cebu City government must take part in an aggressive and effective anti-drug use and abuse campaign starting within the ranks of its own employees, considering that their offices are vested with public interest.
Mandatory

Requiring government employees to undergo drug testing is pursuant to Civil Service Memorandum Circular No. 34 of 1997, which provides that compulsory drug testing is mandated for all government employees, whether they be employed as regular, casual, on contractual or project basis

The mandate is in keeping with the ‘Accountability of Public Office’ provision of the Constitution, which said: “public office is public trust.”
Opposition

But did you know that Mayor Michael Rama, who was also a city councilor when the said ordinance was introduced at the City Council, was among the four councilors who opposed the approval of the ordinance?

The city mayor has been very vocal that he does not like to work with drug users at the City Hall.

But back in the year 2000, during the deliberation of the then proposed City Ordinance 1829, he, along with then councilors Ernesto Elizondo, Jocelyn Pesquera, Procopio Fernandez and Manuel Legaspi opposed the approval of the ordinance.
Self-Incrimination

Rama said he already forgot the arguments that he presented during the deliberation of the proposed ordinance, but thinks that one of them was he and the other councilors were afraid that compelling the employees to undergo drug testing might be considered self-incriminatory.

“Wala na ko kahinumdom sa akong mga arguments. Gusto bitaw nako nga basahon pagbalik ang transcript sa pag-deliberate sa mao nga ordinance kay paghimo ana wala pa ang Comprehensive Dangerous Drugs Act,” said the mayor.

City Ordinance 1829 was signed into a local law by then Mayor Alvin Garcia in May 16, 2000, or about two years before the enactment of the Republic Act 9165, the Comprehensive Dangerous Drugs Act.
Surprise Drug Test

Vice Mayor Labella and all Cebu City councilors were subjected to a surprise drug test while they were having their regular session last week.

City Ordinance 1829 does not specifically provide that the elected city officials are required to undergo random drug tests, but it was Councilor Alvin Dizon, of the Bando Osmeña Pundok-Kauswagan (BOPK), who moved that all elected city officials, including the mayor, vice mayor and the councilors, shall also be included to the surprise drug tests to prove to the public that they are not drug users.

The City Council passed a resolution to this effect but Mayor Rama criticized the move of the city legislators.

According to the mayor, such move may create a bad image for all elected city officials because the public might suspect that some of them are hooked up on illegal drugs.

The female Cebu City legislators, according to Councilor Margarita “Margot” Osmeña, were joking that they were not subjecting themselves to drug tests but pregnancy tests.

Of all the city councilors, only Councilor Mary Ann delos Santos submitted her urine sample at her office because she failed to produce the required volume of urine for the test while still at the session hall.

“Wala man g’yud ko makaihi didto sa comfort room sa session hall mao nga mi-request na lang ko nga adto na lang sa akong office,” said Delos Santos.

This triggered a controversy because when personnel of Cebu City Office for Substance Abuse Prevention (COSAP) asked her to produce a urine sample, the north district city legislator asked one of her female staff to go with her inside the comfort room.

COSAP head Alice Utlang confirmed that a woman office staff accompanied Delos Santos inside the comfort room.

But Delos Santos explained, “Ako ra kadto siya nga gipagunit sa akong hinubo nga sinena kay wala man go’y hanger didto sa sulod mao nga ako lang gipagunitan. Dili g’yud ko mogamit anang drugas because I love my body. Wala gani ko makakita ana nga substance.”

Another issue that arose because of the surprise drug test was when Mayor Rama refused to be subjected to drug test when the COSAP personnel went to his office that same day or hours after the city councilors underwent the drug tests.

“Nganong sila ma’y momandar nako nga magpa-drug test? Magpa-drug test ko, wala ko’y gikahadlokan nga magpa-drug test apan akong gusto kun kanus-a, dili kay sila nga mga konsehal ang momandar,” the mayor said.

Section 4 of City Ordinance 1829 provides that “the City Health Department shall determine when the drug test shall be conducted on certain department or offices of the city government, upon “prior clearance from the city mayor.”

The ordinance also provides that it shall be sufficient ground for dismissal of the employee who unjustifiably refuses to undergo the drug test.

The following day, however, Rama proceeded to the office of Vice Mayor Labella where the COSAP members were holding a meeting and volunteered that he be subjected to drug testing.
Barangay Officials
After the city officials, COSAP is also planning to conduct surprise drug tests to all barangay captains and councilmen because of reports that some of them are also hooked on illegal drug use.

The Dangerous Drugs Board (DDB) estimates that there are about two million Filipinos who are addicted to shabu, marijuana and some other prohibited drug. This is the reason why local chief executives are being asked to implement drug-free workplace programs in their respective jurisdictions.

The Department of Labor and Employment (DOLE) is also doing their part by requiring owners of private establishments to conduct mandatory drug testing to their personnel and to formulate and implement drug-abuse prevention and control programs.