Pimentel v.

COMELEC
GR No. 161658

Facts:
The case consolidates three petitions assailing the constitutionality of
certain provisions of Republic Act 9165. These provisions pertain to the
drug testing a requirement in running for public office, and the mandatory
random drug testing in schools and offices among others.

Section 36 of RA 9165 provides that there will be an Authorized Drug

Testing conducted by forensic laboratories. Such test shall employ two (2)
testing methods; first, the screening test which will determine the positive
result and the drug used and second, the confirmatory test which will
confirm a positive screening test. The following shall be subjected to
undergo drug testing:
A. Students of Secondary and tertiary schools pursuant to rules and
regulations and with notice to parents;
B. Officers and employees of private and public offices
C. Persons charged with criminal offenses with penalty of imprisonment
of not less than six (6) years and one (1) day
D. Candidates for public office

Pimentel Petition
Issue: Whether the imposition of a mandatory drug test in running for
public office is unconstitutional.
Held: Yes it is.
Ratio: Sec. 3, Art. VI of the Constitution, to wit: (1) citizenship, (2) voter
registration, (3) literacy, (4) age, and (5) residency. Beyond these stated
qualification requirements, candidates for senator need not possess any
other qualification to run for senator and be voted upon and elected as
member of the Senate. The Congress cannot validly amend or otherwise
modify these qualification standards, as it cannot disregard, evade, or
weaken the force of a constitutional mandate,7 or alter or enlarge the
Constitution.

SJS Petition
Issue: Whether the imposition of a mandatory drug test in schools and
offices is unconstitutional.
Held: No it is not.
Ratio:
The objective of RA 9165 is to stamp out illegal drug and safeguard in the
process “the wellbeing of the citizenry, particularly the youth, from the
harmful effects of dangerous drugs.” Such purpose may be found in the
declaration of policy of the said law and can only be achieved through a
campaign geared against trafficking and use of dangerous drugs.
This is evident in the provisions of the law which allows for voluntary
submission of a drug dependent for confinement, treatment, and
rehabilitation where the drug dependent user may undergo treatment and is
exempt from criminal liability.

Random drug testing is a means by which use of dangerous drugs is

deterred and the goal is to discourage drug use without telling in advance
anyone when and who shall be tested.