Press Release
January 16, 2009

Pia: Random testing in schools must have clear guidelines

Senator Pia S. Cayetano today expressed support for the government's renewed campaign to crack down on all sources of illegal drugs in the country and the urgency of protecting our youth from the growing social menace.

But Cayetano cautioned the government against committing abuses in carrying out President Gloria Macapagal Arroyo's recent order as the country's "anti-illegal drugs czar" to conduct random drug testing in secondary and tertiary schools.

"There must be clear guidelines in the conduct of these tests to prevent abuse. The government agencies concerned must properly coordinate with school administrators. Parents and the students themselves should be well informed about the program," said the lady senator.

Cayetano, a lawyer, noted that the legal basis for random drug testing for high school and college students has been established in a recent Supreme Court decision promulgated in November last year.

"In its ruling in Social Justice Society vs. Dangerous Drugs Board and Philippine Drug enforcement Agency, the High Court affirmed the validity of the provision in the Comprehensive Dangerous Drugs Act mandating 'suspicionless' drug tests for students in secondary and tertiary schools."

Quoting from the decision, she said random drug testing in schools should be viewed as "a kind of search in which a reasonable parent might need to engage," and that "minor students have fewer rights than an adult, and are subject to the custody and supervision of their parents, guardians and schools."

In pursuing its duty to safeguard the health and well-being of its students, schools may adopt such measures as may reasonably be necessary, she continued.

"Random testing should be part of a comprehensive program to tackle the drug problem. This program should not lose sight of its main objective which is to crack down on drug pushers and financiers and eliminate shabu laboratories and marijuana farms."

"The random testing should not be interpreted as a punitive action, like a seek-and-destroy type of operation but a means to help the victims, the young users, find their way out of their addiction."

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