ADMINISTRATIVE CIRCULAR NO. 21 -2006, February 24, 2006

GUIDELINES FOR THE IMPLEMENTATION OF THE DRUG PREVENTION PROGRAM FOR THE FIRST AND SECOND LEVEL COURTS

Administrative Circulars February 24, 2006

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Pursuant to Memorandum Order No. 18-2005 dated 25 April 2005 entitled “Establishing a Program to Deter the Use of Dangerous Drugs and Authorizing the Use of Random Drug Testing on the Personnel of the Judiciary ” the following guidelines for the Drug Prevention Program in the first and second level courts are hereby adopted:

I. Objectives

To detect the use of dangerous drugs among lower court
employees, impose disciplinary sanctions, and provide administrative
remedies in cases where an employee is found positive for dangerous drug
use.
To discourage the use and abuse of dangerous drugs among
first and second level court employees and enhance awareness of their
adverse effects by information dissemination and periodic random drug
testing.
To institute other measures that address the menace of drug abuse within the personnel of the Judiciary.

II. Definition of terms

Employee – refers to all judges or personnel of the first and second level courts regardless of status of appointment.
Area – refers to any of the different judicial regions.
Dangerous drugs – refers to prohibited or regulated
substances that include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the annexes that form part of
Republic Act No. 9165.
Random drug test – refers to the mandatory
methodical and unannounced conduct of drug test using appropriate
scientific random sampling technique based on time, area, and/or
subjects, with each employee having an equal probability of being
selected for testing.
Screening test – a rapid test performed to
establish potential or presumptive positive result and conducted for the
determination of the type of drug(s) used by the subject.
Confirmatory test – an analytical test using a
device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the
result of the screening test.
Custody and Control Form (CCF) – a Department of
Health (DOH) approved form used to document the collection, transport,
security, and test results of the specimen.

III. Coverage

These Guidelines shall cover (1) all officials and
employees in the first and second level courts of the Judiciary; and (2)
all other workers detailed or working in the said courts such as, but
not limited to: (a) personnel detailed to the courts and compensated by
any particular local government unit; (b) security and janitorial
services personnel hired through sendee contracts; and (c) other
personnel not covered by the term “employees” as defined herein.

IV. Mechanics for the implementation of the Drug Prevention Program

A. Creation of a Drug Prevention Committee for First and Second Level Courts (DPC-FSLC)

1. Composition – The Drug Prevention
Committee for First and Second Level Courts (DPC-FSLC) shall be created
with the CourtAdministrator or his representative as Chairperson; the
Chief of the Supreme Court Medical and Dental Services or his
representative as Vice-Chairperson; and the representatives of the
Office of Administrative Services, the Court Management Office, the
Legal Office, and the Financial Management Office in the Office of the
Court Administrator, as well as two representatives of the Philippine
Association of Court Employees (PACE) for the 1 st and 2 nd level court
employees, as Members. The Chairperson, in consultation with the members
of the Committee, shall designate the DPC-FSLC Recorder-Secretary and
Assistant Recorder-Secretary.

2. Functions.- The DPC-FSLC shall:

(a)
Determine the area and time for the conduct of the mandatory random drug test using appropriate random sampling technique;

(b)
Oversee the conduct of the mandatory random drug test for the employees of the first and second level courts, tapping
for this purpose, the assistance and expertise of appropriate government agencies;

(c)
Refer to the appropriate government rehabilitation center
employees (i) who voluntarily admit without undergoing the Screening
Test that he or she uses dangerous drugs, and (ii) who fail the drug
test without challenging the results thereof;

(d)
Evaluate the validity and reasonableness of the ground(s)
for refusal or failure of selected employees to undergo the required
drug test, and forthwith refer the same to the Office of the Court
Administrator for proper disposition;

(e)
Evaluate the fitness of an employee to return to work after
having undergone rehabilitation on the basis of medical findings and
recommendations;

(f)
Keep the results of the mandatory random drug test and all other data gathered in connection therewith;

(g)
Act on all concerns that may arise in connection with the actual conduct of the mandatory random drug test; and

(h)
Coordinate with the Executive Judges in gathering and
receiving information and other relevant data relative to drug use in
their respective regions.

B. Dangerous drug use prevention information campaign

The Philippine Judicial Academy, in coordination
with the DPC- FSLC, shall create and implement a program that will
increase the awareness and education of the employees of the first and
second level courts on the adverse effects of dangerous drugs.

C. Selection of subject personnel

Pursuant to its functions of overseeing the conduct of random
drug tests, the DPC-FSLC shall prepare a strategy using selective
sampling of court personnel to determine the subjects and the area for
the conduct of the said test. The number of employees to be tested every
year must be more or less fifty percent (50%) of the actual number of
employees nationwide.
The DPC-FSLC may motu proprio or, upon the
recommendation of the proper Presiding Judge, the Executive Judge may
direct a court personnel to subject himself or herself to a drug test
should there be reasonable ground to believe that he or she is a
habitual user of dangerous drugs. The Executive Judge shall determine
such reasonable ground based on specific contemporaneous and articulable
observations concerning such matters as the appearance, behavior,
speech or physical manifestation of the concerned employee.

C. Random drug testing :

Procedure

(a)
The DPC-FSLC shall authorize a team, which
shall include a specimen collector duly authorized by the DOH, that
shall conduct the random drug test in any particular area only after the
written permission to conduct the test in his jurisdiction shall have
been granted by the Executive Judge.

(b)
The team shall ensure that there is a clean
toilet or partitioned area where the test will be conducted to prevent
adulteration of specimen.

(c)
The authorized specimen collector shall:

(i)

ensure that the subject employee has not concealed any
substance that might be used to adulterate the specimen and that he or
she has no access to any such unregulated substance within the testing
area;

(ii)

provide the subject employee with a clean specimen container;

(iii)

remain outside the toilet or partitioned cubicle as the subject employee provides the specimen;

(iv)

see to it that the subject employee hands him the specimen before flushing the toilet;

(v)

check the volume of the urine in the specimen container;

(vi)

check the temperature of the urine specimen;

(vii)

inspect the specimen to determine its color and appearance for any signs of contaminants; and

(viii)
note any unusual findings on the chain of the custody form.

(d)
The subject employee shall:

(i)

remove his or her outer garments that might conceal items
or substances that could be used to tamper with or adulterate his or
her urine specimen;

(ii)

wash and dry his or her hands; :

(iii)

remain in the presence of the authorized specimen
collector so that he or she will not have access to any unregulated
source of water, soap, dispenser, cleaning agent, or any other material
that could be used to adulterate the specimen;

(iv)

collect and provide the specimen inside the toilet or partitioned area; and

(v)
not flush the toilet until after he or she shall have handed over the specimen to the authorized specimen collector.

(e)

Before the urine specimen container is sealed
and labeled, both the subject employee and the authorized specimen
collector shall keep it within sight of the team.

(f)

The specimen bottle shall have an
identification label with these entries: (i) name of subject employee;
(ii) date of specimen collection; (iii) signature of the subject
employee; and (iv) specimen identification number.

(g)

The authorized specimen collector shall
provide all information required in the Custody and Control Form (CCF)
and ensure that each copy shall be given to the proper custodian
thereof.

(h)
The DPC-FSLC shall have custody of the results
of the Screening Test, which are strictly confidential unless its
contents are required to be disclosed in an appropriate proceeding.

2. An employee who is found positive for dangerous drug use based on the Screening Test may either:

(a)
admit dangerous drug use, in which case he or
she shall be immediately referred to the proper government agency for
medical evaluation, counseling and rehabilitation, as circumstances may
require; or

(b)
challenge the result of the Screening Test
within fifteen (15) days from receipt thereof, in which case, he or she
shall undergo a Confirmatory Test.

D. Confirmatory Test

The procedure prescribed above for the conduct of the Screening
Test shall also be observed in the conduct of the Confirmatory Test
insofar as the same is applicable without prejudice to the DPC-FSLC
coming up with reasonable supplemental procedure as its discretion may
dictate.
An employee who is found positive of dangerous drug use after
the conduct of the Confirmatory Test shall be proceeded against either
administratively or criminally or both unless he or she voluntarily
admits drug use and undergo rehabilitation. The employee shall be
accorded ample opportunity to challenge the result of the Confirmatory
Test in the administrative case.

V. Liability of subject employee

An employee who refuses or fails to undergo drug testing for
any unmeritorious reason, as determined by the DPC-FSLC, shall be
administratively liable for “Insubordination” pursuant to Section 52 (B)
(5) of the Uniform Rules on Administrative Cases in the Civil Service;
An employee who refuses to undergo rehabilitation after
having been found positive for dangerous drug use in a Confirmatory Test
shall be administratively liable for “Conduct Prejudicial to the Best
Interest of the Service,” without prejudice to criminal prosecution
under the provisions of Republic Act No. 9165.
An employee who undergoes rehabilitation shall be considered on sick leave, as may be allowed by civil sendee rules.

VI. Funding

The cost of random drug testing of officials and
employees shall initially be funded out of the available savings of the
first and second level courts until its inclusion in the general
appropriations law for the next fiscal year.

VII. Effectivity

These Guidelines shall take effect immediately.

Issued this 24th day of February 2006.

	(Sgd)ARTEMIO V. PANGANIBAN
	Chief Justice

Copy furnished:

Office of the Chief Justice
Offices of the Associate Justices
Office of the Court Administrator (OCA)
Office of the Clerk of Court
Offices of the Deputy Court Administrators
Offices of the Assistant Court Administrators
Philippine Judicial Academy
Judicial and Bar Council
EDP, MISO
Legal Office, OCA
Court Management Office, OCA
Office of Administrative Services, OCA
Financial Management Office, OCA
Library Services
Officer-in-Charge, Official Gazette, National Printing Office, Quezon City
ALL CONCERNED

(a)	Determine the area and time for the conduct of the mandatory random drug test using appropriate random sampling technique;

(b)	Oversee the conduct of the mandatory random drug test for the employees of the first and second level courts, tapping for this purpose, the assistance and expertise of appropriate government agencies;

(c)	Refer to the appropriate government rehabilitation center employees (i) who voluntarily admit without undergoing the Screening Test that he or she uses dangerous drugs, and (ii) who fail the drug test without challenging the results thereof;

(d)	Evaluate the validity and reasonableness of the ground(s) for refusal or failure of selected employees to undergo the required drug test, and forthwith refer the same to the Office of the Court Administrator for proper disposition;

(e)	Evaluate the fitness of an employee to return to work after having undergone rehabilitation on the basis of medical findings and recommendations;

(f)	Keep the results of the mandatory random drug test and all other data gathered in connection therewith;

(g)	Act on all concerns that may arise in connection with the actual conduct of the mandatory random drug test; and

(h)	Coordinate with the Executive Judges in gathering and receiving information and other relevant data relative to drug use in their respective regions.

(a)	The DPC-FSLC shall authorize a team, which shall include a specimen collector duly authorized by the DOH, that shall conduct the random drug test in any particular area only after the written permission to conduct the test in his jurisdiction shall have been granted by the Executive Judge.

(b)	The team shall ensure that there is a clean toilet or partitioned area where the test will be conducted to prevent adulteration of specimen.

(c)	The authorized specimen collector shall:

	(i)	ensure that the subject employee has not concealed any substance that might be used to adulterate the specimen and that he or she has no access to any such unregulated substance within the testing area;

	(ii)	provide the subject employee with a clean specimen container;

	(iii)	remain outside the toilet or partitioned cubicle as the subject employee provides the specimen;

	(iv)	see to it that the subject employee hands him the specimen before flushing the toilet;

	(v)	check the volume of the urine in the specimen container;

	(vi)	check the temperature of the urine specimen;

	(vii)	inspect the specimen to determine its color and appearance for any signs of contaminants; and

	(viii)	note any unusual findings on the chain of the custody form.

(d)	The subject employee shall:

	(i)	remove his or her outer garments that might conceal items or substances that could be used to tamper with or adulterate his or her urine specimen;

	(ii)	wash and dry his or her hands; :

	(iii)	remain in the presence of the authorized specimen collector so that he or she will not have access to any unregulated source of water, soap, dispenser, cleaning agent, or any other material that could be used to adulterate the specimen;

	(iv)	collect and provide the specimen inside the toilet or partitioned area; and

	(v)	not flush the toilet until after he or she shall have handed over the specimen to the authorized specimen collector.

(e)	Before the urine specimen container is sealed and labeled, both the subject employee and the authorized specimen collector shall keep it within sight of the team.

(f)	The specimen bottle shall have an identification label with these entries: (i) name of subject employee; (ii) date of specimen collection; (iii) signature of the subject employee; and (iv) specimen identification number.

(g)	The authorized specimen collector shall provide all information required in the Custody and Control Form (CCF) and ensure that each copy shall be given to the proper custodian thereof.

(h)	The DPC-FSLC shall have custody of the results of the Screening Test, which are strictly confidential unless its contents are required to be disclosed in an appropriate proceeding.

(a)	admit dangerous drug use, in which case he or she shall be immediately referred to the proper government agency for medical evaluation, counseling and rehabilitation, as circumstances may require; or

(b)	challenge the result of the Screening Test within fifteen (15) days from receipt thereof, in which case, he or she shall undergo a Confirmatory Test.

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