Press Release

July 10, 2017

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De Lima proposes mandatory drug tests in prisons

Senator Leila M. de Lima has filed a bill seeking a mandatory and unannounced drug tests for both
prisoners and their custodians to stomp out the unabated proliferation of drug abuse and trade in the
country's penal institutions.

De Lima has filed Senate Bill (SB) No. 1496, also known as the Drug-Free Prisons Act of 2017, which
seeks to conduct a regular drug tests in all detention facilities and penal institutions in the country.

"With this measure, it is envisioned that our detention facilities and correctional institutions shall
finally be rid of the scourge of illegal drugs," she said.

When she was justice secretary, De Lima led a series of high-risk surprise inspection raids of the New
Bilibid Prison (NBP) in Muntinlupa City after she received reports of illegal drug use and operations.

The surprise inspections resulted in the immediate dismantling of the luxurious huts of high-profile
inmates, the confiscation of contrabands, and the termination of prostitution and illegal gambling
operations inside the NBP.

In 2011, it may be recalled that 679 raids were conducted in the NBP that resulted in the confiscation
of 1,090 prohibited items. Before she left the agency, a total of 38,832 contrabands were also confiscated
under the "Oplan Galugad."

"Reports that our penal institutions are at the crux of the illegal drugs trade in the country are not
new," she pointed out in her bill's explanatory note.

The Senator from Bicol, however, took issue on the admission of the present administration that
illegal drug use and trade continue to flourish inside the NBP despite its much-publicized campaign to
weed out drug operations.

"Barely months from taking over, inmates were found to still be able to do drug in NBP. A year after
taking over, the current Secretary of Justice has admitted there has been a resurgence of the drug
trade," she pointed out.

"It appears that in spite of the early pronouncements of the DOJ Secretary and the PNP Chief, the
current measures being implemented are still ineffective in eradicating the drug problems in our
penitentiary system," she added.

Under her proposed measure, a mandatory and unannounced drug testing shall be conducted to all
detainees, prisoners and their custodians in facilities maintained by the Bureau of Jail Management and
Penology and Bureau of Corrections, as well as the custodial centers of the Philippine National Police,
Bureau of Investigation, and the Armed Forces of the Philippines.

Once a detainee or prisoner tests positive for drug use, he shall be required to undergo a Drug
Dependency Examination and be transferred to a rehabilitation facility for detainees and prisoners who
use illegal drugs.
 For government employees and officials in detention facilities who tested positive for drug use will
also undergo a Drug Dependency Examination without prejudice to being subject to administrative and
criminal sanctions.

Under SB 1496, drug tests shall be conducted at random and unannounced intervals for more than
once a year. Any positive drug result shall affect any petition of a prisoner who is seeking pardon or
parole.