CHAPTER 10

DRUG TESTING LABORATORY LAWS

REPUBLIC ACT NO. 9165
“AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002,
REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES”
 SECTION 28
Criminal Liability of Government Officials and Employees.

The maximum penalties of the unlawful

acts provided for in this Act shall be
imposed, in addition to absolute
perpetual disqualification from any
public office, if those found guilty of
such unlawful acts are government
officials and employees.
SECTION 29
Criminal Liability for Planting of Evidence
Any person who is found guilty
of "planting" any dangerous drug
and/or controlled precursor and
essential chemical, regardless of
quantity and purity, shall suffer
the penalty of death.
 SECTION 30
Criminal Liability of Officers of Partnerships, Corporations,
Associations or Other Juridical Entities
 In case any violation of this Act is committed by a partnership,
corporation, association or any
juridical entity, the partner,
president, director, manager, trustee,
estate administrator, or officer who consents to or knowingly
tolerates such violation shall be held
criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed
upon the partner, president, director, manager,
trustee, estate administrator, or officer who knowingly authorizes,
tolerates or consents to the use of a
vehicle, vessel, aircraft, equipment
or other facility, as an instrument in the importation, sale, trading,
administration,
 dispensation, delivery, distribution,
transportation or manufacture of
dangerous drugs, or chemical
diversion, if such vehicle, vessel,
aircraft, equipment or other
instrument is owned by or under the
control or supervision of the
partnership, corporation, association
or juridical entity to which they are
affiliated.
 SECTION 31
Additional Penalty if Offender is an Alien

In addition to the penalties prescribed in the unlawful

act committed, any alien who violates such
provisions of this Act shall, after service of sentence,
be deported immediately without further proceedings,
unless the penalty is death.
 SECTION 32
Liability to a Person Violating Any Regulation Issued by the Board

The penalty of imprisonment ranging from six (6) months and one
(1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the
Board pursuant to this Act, in addition to the administrative
sanctions imposed by the Board.
 SECTION 33
Immunity from Prosecution and Punishment.
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure
and the provisions of
Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person
who has violated Sections 7, 11, 12, 14, 15,
and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5,
6, 8, 10, 13, and 16, Article II of this Act as
well as any violation of the offenses mentioned if committed by a drug syndicate, or any
information leading to the whereabouts, identities and
arrest of all or any of the members thereof; and who willingly testifies against such persons as
described above, shall be exempted from prosecution
or punishment for the offense with reference to which his/her information of testimony were given,
and may plead or prove the giving of such information and
testimony in bar of such prosecution: Provided, That the following conditions concur:
 (1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude,
except when there is
no other direct evidence available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of immunity from prosecution and
punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be
most guilty for the offense with reference to
which his/her information or testimony were given: Provided, finally, That there is no direct evidence available
for the State except for the information
and testimony of the said informant or witness.
 SECTION 34
Termination of the Grant of Immunity. 
 
The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn
out
subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing,
molesting or in
any way prejudicing the persons described in the preceding Section against whom such information or testimony is
directed against. In such case,
the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded
him under this Act or any
other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so,
or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and
he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be,
and the enjoyment of all rights
and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section hereof,
such individual cannot avail of the provisions under Article VIII of this Act.
 SECTION 35
Accessory Penalties
A person convicted under this Act shall be disqualified to exercise his/her civil
rights such as but not limited to, the rights of parental
authority or guardianship, either as to the person or property of any ward, the
rights to dispose of such property by any act or any
conveyance inter vivos, and political rights such as but not limited to, the right
to vote and be voted for.
Such rights shall also be suspended during the pendency of an appeal from
such conviction.
 SECTION 36
 Authorized Drug Testing
 Authorized drug testing shall be done by any government forensic laboratories or by any of the drug
testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the
price of the drug test with DOH
accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ,
among others,
two (2) testing methods, the screening test which will determine the positive result as well as the
type of the drug used and
the confirmatory test which will confirm a positive screening test. Drug test certificates issued by
accredited drug testing centers shall be
valid for a one-year period from the date of issue which may be used for other purposes.
The following shall be subjected to undergo drug testing:
(a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person unless he/she presents a
certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All applicants for firearm's license and
permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of
dangerous drugs: Provided, That all persons who by the nature of their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall, pursuant to the related rules
and regulations as contained in the school's student handbook and with notice to the parents, undergo a random drug
testing: Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the
government;
(d) Officers and employees of public and private offices. – Officers and employees of public and private offices, whether
domestic or overseas, shall be subjected to undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies. – Officers and members of the military,
police and other law enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of
not less than six (6) years and one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a
mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to
the provisions of Section 15 of this Act.