The Supreme Court (SC) has ruled that while drug use by government employees is an administrative offense, they must first be given the opportunity to undergo rehabilitation.
“Dismissal is only justified if they refuse to cooperate with, or fail to complete, the required rehabilitation program,” the SC said in a ruling made public May 29, adding “this is consistent with the approach provided by law and treaties to consider drug use as a public health challenge.”
In a decision written by Senior Associate Justice Marvic Leonen, the SC En Banc modified the Court of Appeals’ rulings that upheld the dismissal of a city engineer in Muntinlupa, after he tested positive twice for shabu.
The employee first tested positive in an initial screening by the Muntinlupa Laboratory and again in a confirmatory test by the National Laboratory. After a formal investigation and a formal charge for grave misconduct, the mayor dismissed him from service, and the Civil Service Commission and the CA affirmed this decision.
But the SC ruled that while the findings were valid, the engineer should have been given a chance to rehabilitate before being dismissed. It stressed that drug use is considered a sickness or disease, not just a crime, and must be treated accordingly.
Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, requires the State to provide drug users with access to rehabilitation programs to help them recover and reintegrate into society, the SC Office of the Spokesperson said in a press release. “This also aligns with the Philippines’ duty under international agreements to address the public health aspect of illegal drug use and addiction.”
The CSC’s Memorandum Circular 13-2017 supports this approach, the SC said. “These guidelines call for intervention rather than immediate dismissal for employees who test positive for drug use. Although there is administrative liability, the goal is to help employees recover and return to public service.” ||
