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• AFP Vision 2028: A World-class Armed Forces, Source of National Pride

GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES

OFFICE OF THE DEPUTY CHIEF OF STAFF FOR PERSONNEL, J1 Camp General Emilio Aguinaldo, Quezon City

DLOD JUL 2 8 :017

SUBJECT: Implementation of DND Circular No. 13 Subject: Comprehensive Drug-Free Workplace Policy

TO: See Distribution List

1. References:

a. Memorandum from the Office of the Secretary of National Defense addressed to the Chief of Staff, AFP (Attn: DCS for Personnel , J1) dated 25 July 2017;

b. Confirmation/Affirmation and Commitment Form; and c. DND Circular No.13 dated 17 July 2017 (Comprehensive Drug-Free

Workplace Policy).

2. This pertains to the requirement of the DND to implement the following:

a. Formulate and adopt Implementing Rules and Regulations (IRR) to carry out the purposes of the Circular and submit to the DND-Drug-Free Workplace Assessment Committee (DND-DWAC) report of compliance two (2) months after the effectivity of the said Circular;

b. Ensure that all personnel understood the provisions of the Circular and affirmed their commitment to unconditionally abide by the rules provided therein by affixing their signature in the form provided for this purpose (TAB A). The accomplished Confirmation/Affirmation and Commitment Form shall be submitted to the Office of the Undersecretary for Defense Policy, Room 204, DND Building, Camp General Emilio Aguina ldo, Quezon City on or before 08 August 2017; and

c. Submit quarterly report relative to anti-illegal drugs data accomplishments every first week of the first month of the next quarter thereafter fo llowing the sample template attached (TAB B).

3. In this connection, you are directed to cause the accomplishment of the Confirmation/Affirmation and Commitment lForm as proof that all personnel under your Command understood the provisions of the Circular and affirmed their commitment to unconditionally abide by the rules provided therein.

4. Submit the duly accomplished form to this Headquarters (Attention: DCS for Pers onnel, J1) not later than 03 August 2017.

AFP Core Values: Honor, Service, Patriotism

, AFP Vision 2028: A World-class Armed Forces, Source of National Pride

5. Further, submit a report on anti-illegal drugs data accomplishment every 25th

day of the last month of every quarter to this Headquarters (Attention: DeS for Personnel, J1) following the sample template attached.

BY COMMAND OF GENERAL ANO:

ARm ~uco Brigadier General AFP

AFP Core Values: HOllor, Service, Patriotism

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~cplllJliIttl II!! :tililipilltlS' Republic of the Philippines

llZtl!!fliulHtllt II!! mtllt(l(lUltlll!! f}tlmlJtlJlS'tl Department of National Defense

MEMORANDUM to-

Chief of Staff, AFP General Headquarters Armed Forces of the Philippines

2 5 JUL 20\7

Attention: The Deputy Chief of Staff for Personnel, J1

SUBJECT: Implementation of Department Circular No. 13 Subject: Comprehenyive Drug-Free Workplace Policy

In view of the approval by the Secretary of National Defense on 17 July 2017, Department Circular No. 13 with subject Comprehensive Drug-free Workplace Policy, you are required to implement the following:

a. Formulate and adopt Implementing Rules and Regulations (IRR) to carry out the purposes of the Circular and submit to the DND-Drug-Free Workplace Assessment Committee (DND-DWAC) report of compliance two (2) months after the effectivity of the said Circular.

b. Ensure that all personnel understood the provisions of the Circular and affirmed their commitment to unconditionally abide by the rules provided therein by affixing their signature in the form provided for this purpose. (TAB A) The accomplished Confirmation/Affirmation and Commitment Form shall be submitted to the Office of the Undersecretary for Defense Policy, Room 204, DND Building, Camp . General Emilio Aguinaldo, Quezon City on or before 08 August 2017.

c. Submit quarterly report relative to anti-illegal drugs data accomplishments every first week of the first month of the next quarter thereafter following the sample template attached . (TAB B)

For strict compliance.

BY AUTHORITY OF THE SECRETARY OF NATIONA DEFENSE: _ ----

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DND Core Values: Patriotism, Professionalism, Go RADJR·1750

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Name of Office/Name of Bureau

CONFIRMATION/AFFIRMATION AND COMMITMENT

As personnel of the Department of National Defense, I hereby certify that I personally received, read and understood the provisions of Department Circular No. 13 dated 17 July 2017, Subject: Comprehensive Drug-Free Workplace Policy and affirm and confirm my commitment to unconditionally abide by the rules provided therein and I shall be answerable to the Department for whatever violation that I may commit.

Name of Personnel Sianature Date ReceivedlRead

Attested by:

Chief of Office/Head of Bureau

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DEPARTMENT CIRCULAR NUMBER: 13

~JUL 1 7 20171

SUBJECT: COMPREHENSIVE DRUG·FREE WORKPLACE POLICY

1. REFERENCES:

a. Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002" and its Implementing Rules and Regulations.

b. Executive Order No. 292 (The Revised Administrative Code of 1987 on the Civil Service Commission).

c. Revised Rules on Administrative Cases in the Civil Service (RRACCS).

d. Dangerous Drugs Board (ODB) Regulation No.2, dated 14 February 2017, entitled: Adopting the Civil Service Commission Sanction of Dismissal at First Offense for Employees or Officials in the Public Sector who are Tested and found Positive for Illegal Drugs in the Amendment of Sanctions under Section 2 of Board Regulation No.2, Series of 2004.

e. Dangerous Drugs Board (DDB) Regulation No.2, dated 26 March 2004, entitled: "Guidelines for the Formulation and Implementation of a Drug-Free Workplace Program and the Conduct of Authorized Drug Testing by All Offices, Bureaus and Agencies of the National and Local Governrnents, Government-Owned and Controlled Corporations and other Institutes of Learning Including tile State Colleges and Universities.

f. Civil Service Comrnission (CSC) Memorandurn Circular No. 13, dated 06 July 2010 subject: "Guidelines for a Drug-Free Workplace in the Bureaucracy.

g. Civil Service Comrnission (CSC) Memorandurn Circular No. 13 dated 19 April 2017 subject: Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and For Other Purposes.

2. PURPOSE

This Circular shall provide for the institutionalization of the drug-free workplace policy, the adoption of the uniform guidelines on drug testing program and the procedures in the disposition of personnel found administratively liable of using, illegal drugs and/or committing any prohibited acts under RA 9165. .

~:rhj!3;-!~ if(:;t:Ilal is iii COrr\PlianCe with the requirements of RA 9165.

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presence of personnel designated by the DWAC or similar committees createci for this purpose. '

2.b The personnel found positive shall fill-up and sign the waiver such as Urine Drug Test ,Consent Form (Annex D),specimen Custody and Control Form (Annex E) and Drug Test Report Form (Annex F) and this will be testified by the specimen collector and analyst respectively.

2.c All urine samples which tested positive shall be submitted for confirmatory testing within the same day using the same urine sample to a Drug Testing Laboratory of choice by the DWAC or similar committees created for this purpose.

2.d On the other hand, AFP personnel found positive shall be placed in the designated holding centers as determined by the DWAC or similar committees created for this purpose. While civilian personnel shall be placed in the responsibi lity of their respective chiefs of office or heads of bureaus who shall execute an affidavit of undertaking (ANNEX G - Affidavit of Undertaking) pending the result of the confirmatory test.

2.e The Defense Intelligence and Security Group (DISG) shall serve as the holding center for AFP personnel assigned DND proper.

4) Procedures in Handling Drug Test Result After Confirmatory Test.

a) If non-reactive (negative)

(1) The Chairman of the DWAC or similar committees created for this purpose shall inform the head of Office/Bureau the result of the confirmatory test.

, (2) The personnel shall then be released from the designated holding center and allowed to return back to work upon the permission of the DWAC or similar committees created for this purpose.

b) If reactive (positive)

(1) The Chairman of the DWAC or similar committees created for this purpose shall inform tile head of Office/Bureau on the result of the confirmatory test, who shall then notify the concerned personnel found positive.

(2) Said personnel shall have 15 days from receipt of notice to challenge the result of confirmatory test. The cha llenge test shall be conducted using the same urine specimen by a DOH accredited Drug Testing Laboratory.

(3) A positive drug test from the challenge test is deemed final. The DWAC or similar committees created for this purpose wi ll then endorse the result to appropriate investigating body for the conduct of administrative proceed ings witll a penalty of dismissal from the service at first offense.

(4) AFP personnel shall be turned over to the AFP detention center or similar custodial centers pending investigation and until final resolution of the case.

(5) In the case of civilian personnel, they shall remain under the responsibility of their respective chief of office or head of bureau while on preventive suspension status pending investigation and until final resolution of the case.

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3. POLICY STATEMENT

The Department of National Defense is committed to protect the safety, health, and well-being of its personnel and promote a drug-free workplace. To maintain this standard, the Department is committed to weed out erring personnel, particularly those involved in the use and trafficking of dangerous drugs.

The Department treats dangerous drug use, drug addiction and dependency as a serious misconduct and any personnel tested and found positive for using dangerous drugs shall be relieved of all duties with the penalty of dismissal at f irst offense.

As part of the Department's social responsibility, upon dismissal of concerned personnel from the service, the Department shall provide an effective mechanism or measures directed towards their physical, emotional and psychological change, to live free from dangerous drugs, enjoy life compatible with their capabilities and potentials, and to become law-abiding and productive members of the community.

The Department shall implement an effective anti-illegal drug policy for a drug- free workplace to include among others, the uniform guidelines in the conduct of autho rized drug testing program in the DND offices and its bureaus and the procedures in the disposition of personnel in violation thereof.

4. COVERAGE

This circular shall apply to all personnel of the Department and its attached bureaus, regardless of status or position including applicants and outsourced service personnel.

5. DEFINITION OF TERMS

a. Workplace - A place where work is usually performed .

b. Authorized Drug Test - The testing done by any government forensic laboratory or by any of the drug testing laboratories accred ited and monitored by the Department of Health (DOH) to safeguard the quality of test results. It shall employ, among others, two (2) testing methods, the screening and confirmatory tests. The examination of a person's urine specimen to determine the presence of dangerous drugs shall be done by any government forensic laboratory or by any of the drug testing laboratories accredited and monitored by the DOH.

c. Center - Any treatment and rehabilitation center which undertakes treatment, aftercare and follow-up treatment of drug dependents. It includes institutions, agencies and the like whose purposes are: the development of skills, arts and technical know-how, counselling and/or inculcating civic, social and moral va lues to drugs and keeping them drug-free, adapted to their families and peers and readjusted into the community as law abiding and productive citizens.

d. Rehabilitation - dynamic process includ ing aftercare and follow-up , treatment directed towards the physical , emotional/psychological, vocational, social

• and spiritual change of a drug dependent to enable him/her to live without dangerous

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drugs, enjoy the fullest life compatible with his capabilities and potentials and render him/her able to become a law abiding and productive member of the community.

e. Treatment - Medical service rendered to a p.atient for the effective management of physical and mental conditions arising from his/her drug use.

f. Screening Drug Test · A rapid drug test performed to establish potential or presLimptive positive result. It refers to the immunoassay test to eliminate a "negative" specimen, i.e. one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test.

g. Confirmatory Drug Test - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen, which shall likewise be done by any government laboratory or by privately owned and operated drug testing laboratories accredited and monitored by the DOH having confirmatory test capabilities.

h. Dangerous Drugs· Include those listed in the Schedules annexed to the 1991 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of RA 9165.

i. Drug Test Certificate- A declaration/statement of the result of the drug test issued by accredited drug testing centers. It shall be val id for a one-year period from the date of issue and which may be used for other purposes, as referred to in Section 36, Article III of the Act.

j. "For Cause" or "Probable Cause" Drug Test - Drug testing requi red when there is a "probable cause" or "reasonable ground" to believe that a person is using or is under the influence of dangerous drugs.

k. Mandatory Drug Test - Compulsory submission of an employee for drug testing as required by RA 9165 and by the agency's internal rules and regulations.

I. Random Drug Test - Subjection of personnel for drug testing as selected following no specific pattern and without prior notice/information.

m. Challenge Test - Refers to drug test conducted as a result of a challenge filed by a public official or employee who tested positive for drug use in a confirmatory test.

n. Experimenter - A person whose drug use began through exploration with limited exposure and no development of regular use or any related harm.

o. Occasional User - A person who indulges in drug use to create or enhance expHience in any social setting.

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b. Conduct advocacy, education and training program activities:

1) Dissemination/Distribution of the Drug-Free Workplace Policy to all officials and employees of the Department and its attached bureaus.

2) Display of Information, Education and Communication (IEC) anti-illegal drugs materials through all channels.

3) Conduct of capability enhancement training to medical, investigating and legal officers.

4) Conduct of advocacy campaign for the department's anti-illegal drug policy and all implementing programs and activities.

c. Capacitate personnel to promote safe, healthy and drug-free lifestyle whi le at work and at home, such as;

1) Conduct of lifestyle assessment program on health nutrition, weight management, stress management, alcohol abuse, smoking cessation, and other indicators of risk diseases;

2) Conduct of physical fitness activity by engaging in sports and recreational activities;

3) Conduct of health wellness screenings (e.g., blood pressure and heart rate, cholesterol test, etc.);

4) Conduct counselling and mentoring to personnel.

d. Create DND Drug-Free Workplace Assessment Committee (DND-DWAC)

1) The DND Drug-Free Workplace Assessment Committee shall be , composed of the following :

Undersecretary for Defense Policy -··-----------------------Chairman Assistant Secretary for Human Resource-----------------Vice Chairman Heads of Personnel Department, DND Bureaus -------Members D i recto r, V M M C---------------------------------------------------M e m be r Co m m a nd e r, DIS G -----------------------------------------------M e m b er Sec reta riat ----------------------------------------------------------0 U S D P P e rso n ne I

2) The Committee shall undertake the following duties and responsibilities:

a) To oversee the implementation of this Circular.

b) Initiate training programs and continuing education on drug abuse awareness, prevention and control programs.

c) Initiate and adopt value formation, family enhancement and such other related and relevant programs.

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e. The Department and its bureaus shall ensure that all contracts of agreement executed with outsourced service providers shall stipulate the requirement for mandatory and random drug testing prior and during employment at the latter's own expense.

f. The Department and its bureaus shall ensure that all suppliers, dealers, proponents of defense equipment, materiel and supplies shall submit a clearance from duly accredited drug testing centers by the DOH as part of their accreditation requirements.

g. The Department shall submit annual accomplishment report to the Dangerous Drugs Board (DDB) relative to the implementation of the department's anti-dangerous drugs programs and activities.

7. RESPONSIBILITIES OF DND PERSONNEL

a. Personnel are prohibited from using, distributing and possessing dangerous drugs and/or other prohibited substance. In addition, they must not directly 'or indirectly be involved in the selling, giving, providing or administering any dangerous drugs and/or other prohibited substance to co-employees or others and/or in the commission of or abetting/aiding in the commission of any unlawful acts under RA 9165.

b. Personnel are required to faithfully abide by the provisions of this Circular as a cond ition for continued employment.

c. All personnel shall submit themselves to annual mandatory drug testing as a requirement for a drug-free workplace.

d. As a condition for continued employment, promotion, schooling (local/international) and designation to key positions, personnel are required to present a certification that they have undergone a mandatory drug test indicated therein that they are free from the use of dangerous drugs.

8. RESPONSIBILITIES OF APPLICANTS AND OUTSOURCED PERSONNEL

a. As part of the requirement for employment, all applicants at his/her own expense, are required to submit themselves to mandatory drug testing conducted by a govemment drug testing laboratory or by any drug ti3sting laboratory accredited by the DOH and are required to present a certification that they have undergone a mandatory drug test indicating thereon that they are free from the use of dangerous drugs.

b. The same rule shall apply to outsourced service personnel hired by the department as a condition in the contract between DND and the service provider.

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9. GENERAL GUIDELINES

a. All personnel regardless of status are required to undergo annual mandatory drug testing as a requirement for retention in the govemment service . Subsequent random drug testing shall be conducted periodically in an interval not to exceed two years or as determined by the DWAC and similar committee created for this purpose.

b. Mandatory drug testing shall form part of the requirements in the initial , entry of applicants in the government service. Confirmed positive test results of

applications for entry shall be a ground for disqualification.

c. The authorized drug test shall be done by any Drug Testing Laboratory accredited and monitored by the (DOH) nationwide to safeguard the quality of test results.

d. There shall be two (2) drug testing methods used: the screening test which will determine the positive result as well as the type of drug used and the confirmatory test which will confirm a positive screening test.

e. Mandatory drug test shall be conducted in any of the following instances, to wit:

1) Pre-employment;

2) Persons in high-risk/decision-making positions to include among others, the following :

• Secretary of National Defense 8 Undersecretaries • Assistant Secretaries • Heads of Bureaus including their deputies and assistants • All Generals/Flag Officers of the AFP • Military Commanders and their Deputies and Assistants • Department Chiefs of Offices, Services and Directors • Department Division Chiefs

3) Involvement in vehicular accidents;

4) Discovery of dangerous drugs/drugs paraphernalia in their possessions or workstations;

5) Detention by police/filing of charge for drug-related cases; and

6) As a requirement for promotion, schooling and designations to key positions.

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f. conditions;

R.andom drug test shall be conducted subject to the foll owing

1) Without prior notice or information of the date and venue of the drug test on selected personnel chosen by the DND-DWAC and similar committees created for that purpose.

2) confidentiality.

3) pattern.

Conduct of random drug test sllall be treated with utmost

Under random selection process or _procedure with no specific

4) Regardless of whether the personnel had just undergone random drug test, the same shall be conducted "for cause" or "probable cause" when there is a reasonable ground to believe that a random drug test is necessary, that is:

a) Attendance - frequent unauthorized absences and repeated tardiness.

b) Personal Appearance - drastic change in appearance, slurred speech, bloodshot eyes, etc.

c) Mental factor - increased difficulty in handling assignments, hot-headed ness, irritabil ity, etc.

d) General Performance - poor individual performance rating.

g. Positive result after confirmatory test is "prima facie" evidence that the person tested has used dangerous drugs.

h. The drug test result shall form part of the 201 file of the personnel and shall be reflected in the Summary of Information (SOl) of military personnel.

i. All drug test results and records are strictly confidential as provided for under the pertinent provision of R.A 9'165_

j . Any personnel who intentionally or unintentionally breach the confidentiality of any drug test result shall be charged in accordance with Section 72

, of RA 9165.

10. AUTHORIZED DRUG TEST PROCEDURES

a_ RANDOM DRUG TEST

1) Pre-Collection Procedures

a) On the day of the actual conduct of random drug test , the DWAC or similar committees created for this purpose will inform the head of office/bureau of the conduct of drug test to randomly selected personnel of his office/bureau to be tested through urina lysis on the date, time and venue determined by the Committee. The selected personnel shall be notified by the Committee and the head of office/bureau, who in turn, will immediately accompany them to the holding area to

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brief the personnel to be tested about the purpose procedures and the consequences of yielding a positive drug test result, and service of notice. (Annex A - Notice of Random Drug Testing).

b) At the holding area, if selected personnel refuse to acknowledge receipt of the Notice without any valid reason, the server of notice shall execute an affidavit attesting to the fact of such refusal . (Annex B - Affidavit of Service) The said personnel may be dealt with administratively' for violation of lawful order and shall be a ground for investigation on account of misconduct in the office without prejudice to Sec 32 of RA 9165.

c) At the holding area, the DWAC or similar committees created for this purpose together with the head of office/bureau shall accompany the randomly selected personnel to the designated testing area.

2) Collection Procedures

a) The randomly selected personnel shall fill up and sign the Chain of Custody Form issued to them (Annex C- Chain of Custody Form) as well as the attendance sheet.

b) The urine specimen bottles shall be issued and must be properly labeled to contain the specimen number (similar to the one written in the Chain of Custody Form), name, ID number, position , date and the time when urine sample was taken .

3) Post-Collection Procedures

a) Screening Test

The taking of specimen samples for screening test must be done by an authorized analyst in an area where manipulation (e.g . adding of water) is not possible. This must be witnessed by a personnel designated by the DWAC or similar committees created for this purpose other than the authorized specimen collector to avoid application of contaminants to the urine sample. In case of female personnel, the DWAC shall designate a witness of the same gender.

(1) If non-reactive (Negative)

1.a The personnel shall be informed of the negative result and shall be issued a Drug Test Certificate which is good for one (1) year and could be used for other purposes.

1.b The personnel shall then be allowed to retum back to work upon the permission of the DWAC or similar committees created for this purpose.

(2) If Reactive (Positive)

2.a The urine specimen which tested positive af1er the screening test must be properly labeled and kept separately from the samples that tested negative for dangerous drugs. The specimen bottle containing the same urine sample will be sealed with pl'Oper markings and preserved on ice bucket/container and in the

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p. Chronic User/ Drug Dependent - A person identified for using drugs/other substances (mind-altering or not) without medical need , in an amount large enough or over a period long enough to threaten the quality of life or health and safety of the user or others.

q. Disciplining authorities- Refer to the person or body duly authorized to impose the penalty provided for by law or rules.

r. Unlawful Acts - Refer to any of the unlawful acts penalized under Art. II of RA 9165.

s. RA 9165 - Refers to the Comprehensive Dangerous Drugs Act of 2002.

t. Military Personnel- persons subject to military laws as defined under Articles of War Number 2 of Commonwealth Act 408, as amended.

u. Civilian Personnel - Those civilian personnel serving under the defense institution whether in the career or non-career service, or on a permanent, temporary,

, casual, or contractual, who are subject to the Civil Service Law or any other pertinent regulations/laws.

v. Personnel - Includes civilian personnel, military personnel and personnel , hired through Managed Service Providers.

w. Outsourced Service Personnel - Hired personnel from Managed Service Providers to do specific services for the department.

x. Contract of Service - refers to employment covered by a contract pertaining to lump sum works or services such as janitorial, security, or consultancy services where no employer-employee relationship exists; piece work or intermittent job for short duration not exceeding six months on a daily basis; all of which are not covered by Civil Service Law, rules and regulations, but covered by COA rules; and the public officials and employees involved do not enjoy the benefits received by government employees, including but not limited to personal economic relief allowance, cost of living allowance, and representation and travel allowance.

6. RESPONSIBILITIES OF THE DEPARTMENT

a. Adopt Ej conti nuing and sustainable anti-drug program and activities, drug abuse awareness, prevention and control programs to educate personnel about:

1) The adverse effects of abuse and/or misuse of dangerous drugs on the person, workplace, family and the community.

2) The consequences and administl·ative sanctions in violation thereof.

3) The strict implementation of the Drug-Free Workplace Policy.

b. MANDATORY DRUG TEST

1) The DWAC or similar committees created for this purpose shal l schedule the conduct of annual mandatory drug testing to all personnel under his office/bureau on the date, time and venue it may deemed appropriate. The Head of Office or Bureau sha ll then be notified by the DWAC or similar committees created for this purpose, who in turn, will inform his personnel on the conduct of mandatory drug test. .

2) In case of personnel suspected of using illegal drugs, the Head of Office/Bureau will inform the OWAC or similar committees created for this purpose of the suspected personnel. Thereafter, the DWAC or similar committees created for this purpose will initiate the immediate recall of the personnel for the conduct of screening test.

3) Co llection Procedure (same with procedure of ROT)

4) Post-Collection Procedures. (same with the procedures of ROT)

11 . ADMINISTRATIVE LIABILITY

a. Any personnel who refuses, to submit themselves for random/mandatory drug test, as the case maybe, shall be required to explain in writing within 24 hours by the OWAC or similar committee created for this purpose. The refusal or failure to explain within 24 hours shall be charged with the administrative offense of gross insubordination punishable by dismissal from the service.

b. Any personnel found positive for use of dangerous drugs shall be subjected , to disciplinary/administrative proceed ings with the following imposable penalties;

1) In case of civilian employee, dismissal or termination from the government service pursuant to Section 46 (19) of Book V Executive Order No 292

, and Section 36 (d) RA 9165.

2) In case of Enlisted Personnel (EP), discharge from the military service;

3) In case of an Officer, separation from the service.

c. Any personnel found positive for use and/or found in possession of dangerous drugs and/or committed any unlawful acts under RA9165, shall be administratively liable with the imposable penalty of dismissal from the service without prejudice to the filing of appropriate criminal charges under RA 9165 and other pertinent laws. The requirement to undergo treatment and rehabilitation program of the DOH is not applicable in this case.

d. Any personnel found to have tampered the result of a drug test or interference in the conduct of the drug test or in the release of drug test results shall be charged with the admin istrative offense of grave misconduct punishable by dismissal from the service.

e. Any member of the DWAC or similar committee personnel who shall prematurely disclose the date, venue, the drug testing center/laboratory and the

DND ~ MASTER COPY,:,

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name of the personnel to be subjected for random drug testing shall be dealt with in accordance with CSC Rules and Regulations and RA 9165.

f. Voluntary surrender of a drug dependent ·for confinement, treatment and rehabilitation exempts him/her from criminal liability subject to the conditions set forth under Section 55 of RA 9165. However, this does not preclude the imposition of administrative sanctions.

12. INTERVENTION AND REHABILITATION

a. Personnel who were dismissed by the approving authority shall be required to undergo treatment and rehabilitation program of the DOH.

b. Prior referral, the personnel concemed shall undergo complete Drug Dependency Examination conducted by the DOH or by any medical practitioner accredited by the DOH immediately after confirmatory test, to determine his/her level of dependency and the appropriate intervention as may be suitable, as follows:

1) Experimenter - Outpatient, guidance counselling for six (6) months.

2) Occasional User - Outpatient, guiGiance counselling and regu lar monthly drug test for six months which shall be at the personal expense of the personnel concemed.

3) Chronic UserlDrug Dependent - Mandatory continuous treatment and rehabilitation for a minimum period of six (6 months in a govern.ment rehabilitation center, a DOH accredited private rehabilitation center, or through a community rehabilitation program sanctioned under the rules of the Dangerous Drugs Board.

c. After deterrnining the level of dependency of the concerned personnel, the DWAC or similar committee created for this purpose shall officially endorse/refer the concerned personnel for treatment or rehabilitation to the appropriate Treatment and Rehabilitation Center (TRC) in accordance with the provision of Sec 54 of RA 9165 and existing rules of the Dangerous Drugs Board. The concerned personnel shall shoulder the expenses for his treatment.

d. The personnel concerned shall secure a certificate of completion and clearance from his/her attending physician as proof that he/she completed the treatment or rehabilitation program.

e. The personnel concerned shall then present the said certificate and clearance to the disciplining authority who recommended for their dismissal from the service. The said certificate/clearance shall be attached to the records of the case of the concerned personnel to be submitted to the Human Resource Office for recol'ds purposes and reintegration.

13. FUNDING/COST REQUIREMENTS FOR THE CONDUCT OF AUTHORIZED DRUG TESTING

The initial cost for the conduct of screening and confirmatory drug test of personnel shall be funded in the current budget of the Department, or the concerned office/attached bureaus. In the absence thereof, this will be charged on

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the programmed budget for health and wellness of the current year. The succeeding funding requirement shall be included in their annual budgetalY proposal for health and wellness .

However, drug test conducted as a result of a challenge to a positive drug test result from a confirmatory test shall at the expense of the concerned personnel.

14. MONITORING

All Bureaus/offices shall submit to the DWAC or similar committee created for this purpose a quarterly compliance report on the implementation of their respective anti-dangerous drugs programs and activities. The data would include the number of personnel who have undergone drug testing , dates and number of personnel who tested positive for using dangerous drugs and their disposition.

15. MISCELLANEOUS

Head of Bureaus shall ensure the implementation directives of this Circular within their respective bureaus.

16. RESCISSION

All policies, directives, rules and regulations which are inconsistent with this circular are modified accordingly.

ANNEXES:

A- Notice of Random Drug Testing 8- Affidavit of Servicf;I C- Chain of Custody Form D- Urine Drug Test Consent Form E- Custody and Control Form F- Drug Test Consent Form

Secretaryl",

r:!\ SECRETARY Of \!!i NAT!ONAL DEFENSE

I 111111111111111 11111\111111111111 DNL-174489

[ ANNEX "/>." JI ---- - ----

NOTICE OF RANDOM DRUG-TESTING

Name

PositionlOflice

Pursuant to Department Circulc.r No_ dated_, you are hereby instructed to undergo random drug-testing on (specify the date and time) and report to (specify the venue) upon receipt of this notice.

Chairman, Di"ug-Free Workplace Assessment Committee

Received by:

(Signature over printed name) (Time and Date)

[------ DNO

. ___ !(~STr.:R CO}'"( - ---------.----=---A--l

" . r--·-;s,-;-l L ANNEX'~

Republic of the Philippines) City of J S.S

AFFIDAViT OF SERViCE

I, , of lega! age, an employee of the Department of National Defense, Quezon City, Philippines, after having duly sworn in accordance with law, hereby depose and say:

That in my aforementioned capacity, I personally served a copy of the said Notice on (time and date of service of Notice) to {Name to whom the notice was served) who was scheduled to undergo drug testing on the day, time and place ind icated in the Notice. A copy of the said Notice is hereto attached.

That the said personnel, while present and within the premises of his designated workstation, refused to acknowledge receipt of the Notice. Nonetheless, I left a copy of the Notice to the said personnel.

IN W ITNESS WHEREOF, have hereunto set my hand th is at ,Philippines.

Affiant

SUBSCRIBED l\ND SWORN to before me, this. in the City of affiant exhibiting before me his DND-issued identification card , issued

at with an 8xpiry date of. ______ ._

Notary Public

. ' --------, ANNEX He" I

----.I

Name of the Laboratory Address . Tel. No.

CHAIN OF CUSTODY

rt e

ify that the specimen given to me by the donor identified If'l the certificat!or;sectfon on step 5 of the fO!TT1 was collectecl, .'Sea!ed and Clsed to the Delivery Service noted In acco rd3nce with appiicable Department of Health roqui~ements.

i

-P.M/PM SPECIMEN aOTILE(S} RELEASED TO: Signature of Collector Time of Collection •

--'--'-- ~ :lNT) Collector's Name (First,MI,last} Date!Mo/Oay(Vr) Na~e ~.~ Delivery S!!,'yice Transfetrint Specimen to lab.

;EIVED AT LAB: I STATuS OFTHE SPECIMEN SPECIMEN 80TTLE(S) RELEASED TO: Signature of Accessioner I (al Se;;i btact / /Ye .. 1.1 No

(b) tr<l nspoti Device

--'--'- (c) Description Signature & Printed Name of Receiving Person NT)Accessor's Name (First. Ml,Last) Oate(Mo/OaylYr)

Print Name(First,MI, la st) Dale(Ma!Dav!Vr)

r-'---'- --.- '-~';:-:~, '- ' ···~- ·--·--I

I _':;; :-::'~_~"::.':-:0 ::.',,-"; I;'_:r~~-=::'---A_J

Code No. :

Name of th ;~ L3borato~

/\ddfbSS

Tel. No.

DRUG TESTING CONSENT r-ORrJi

(ForlTl DT -001)

Name: __ _ Daie : _L.....J._._ T:lTIs: ___ _ Sum;;me First Nc:.me

Address: _______ . Birthdste:

Sex: "Male ,! Female Company: .

Purpose of Dru g Test:

Middle Name ~lTim!d{' ,ty:::c ;· )

TEd No.: 1---' I\g8-,_.

e lv:1 Stc.t~lS :

, ! Employment , 'Private , 'Government , 'License , ' Driver's , , Firearms

, 'Student , 'Secondary school Tertiarj School , 'Candidate for Public Office whether appointed or elected , ! Persons apprehended or arrested for vio lating the provisions of this Act

, 'Persons charge before the prosecutor's office with a criminal offense having an imposab!e penalty of imprisonment cf not less thim six (6) years 3nd one (1) cay

, others (pis. specify) .

Instructions: .A.nswer the questions below by checking the appropriate spaces below .your answer. Afterward read the statements below signing the two for your signature.

Have you taken medication or drugs in the past 30 days? , i Yes 1 1 No Have you ingested allY alcoholic beverage in the past 24 hours? ! 1 Yes ! 'No If you are taking medication of drugs list these items below:

I hereby consent and agree to giVe sample oi my: (Pis encircle) a) Urine b) Blood cj Saliva d) Hair e) Sweat f) Tissues

The result of any tests peiformed shall be provided to :he reques:ing office or agency. My signature belew acknowledges thai I have re tid and understood the bregoing statement and I have answered al: the qU8stions trutt1fuily.

Date: _1_' __ _ Sigf'ature: ______ . (mm/dd/\'r~ar} CliefltJDonoriSubJcct

I hereby consent and ngree tilat my specimen , if found pcsitive be sent to duly accredited/ licensed Confirmatory Laboratory foe Cor.firm8to,y test

I hereby acknow!ccige ~h8t the samplE: is my own ar.c that the samples were sealed in rny presen::e. These samples are to be test9d for da:-lger~us drugs.

Date: _1 _ _ ' __ _ f :1rn!dd!)'':. a~)

ANN EX"E" I ____ ,_ '- _ ____ .1

('II;:,me of the L:-!bori'ltory Ad dress Tr·1. Nc •.

CUSTODY AND (Ofl!TI1Ol i-Or.M

(Fo;m or -002A COPY r:::m TI--I :: DOr-!Cr.)

S!"ECIM EN ID NO.

:Pl COMPLETED BY COLLECTOR nfl. F.MP I.OVEn !;fPRESF.NTJ\"r;VE

l. '\ " )' CCE ~S; O('J NO.

---- ---- - - - - -- - -_._._"----_ . . __ ._-- --- ---- --- - ---- - --------_. ------- --_._ - -------Client's/Donor'",{Subiert's N~me: __ . __ __ ._. _ _ .. _. __ _ • ____ _ . _ _ •.•.• r. ." ·.:!d'r! s .. _ ___ . _ __ __ " •. _ _ ____ ..

:mpl(1Yf!r Name and Addr~~s: ,------ ---- - -------.-I ) .~ ~ / -~ .. - -"--- 1

! ' ype of Specimen: r;,RC3S 0n for TE:st: =:J'

I /Urine f : Pr(!-2rnploymcllt / i Rn :uolII / / r ~ ls onabh' SuspicionlC(l iBe

I I Blood / / Return tc Duty I I Mand3tor'{ / / Post Accident

I IOthers(spedfy),_____ I I rollow-ur: I I Others {5pecify) ___ _

Drug Tests to be Performed: IITHC.COC,F'Cp,al'i ~.A"M""P,-___ _ ...1L·n;c &: r>JI..!!.E!,_I~Y _ _ ---,Oot,hc:r.s (:"p2d~1=~========

:P 2 COMPLETED BY COLLECTOR

ad specimen temperatu-re wi!h:n" rnlnute;.-Ispedmen Collection: I I Obse rve-~:-----;I -f;'-U~r.-, o~b-'--2-"'-(-d:----T~()-'~h-'-'-O~b-,-,-r'-'-t-;o-,-:-('-n-t-e-'-R-,-m-'-'-k)--' tempertlture betw£!en 32· C and 38"C7 ! Specimen Samplir.g: / ISingh: ! ISplit

I I Yes I I No _ _ I Specimen Volume: __ mi. Pt-ysical Appearancc:Color:

MARKS L-----1

:P 3: Collector .. ffiXES bottle seal(s.) to bottle{s}.Colicctor dates sEal(s}. Donor completes STEP 5. :P 4:CHAIN OF CUSTODY- INITIATED BY COLLECTOR AND COMPLETED BY LABO!'_~TORY ertify that the specimen given to me by the donor identified in th£' cert~;~"~,,~t~;o~,c.::s~,,::t~;o~n:-Co~'~S~to~PC-::S-O~f~t7h71'-f~o-'-m-w-,-,-(-o7"-ect-:-'~d~s-,-,7Ie-d"-'n-d-:-,-el~e-,-se-d""'to-t1~,,---'" ·livery Service noted in the accordance with the a;Jplicable Department of HEalth requirements..

I Signature of Collector

'RINT) Collector's Name (First,!ViI,L3stj

-::~--:-c,.."..-:-_AMfP Time of Collection

-'-'--­Date(Mo/Day/Yr)

I SPECIMEN BODLE(S) RElEASED TO,

1 Name of Delivery Service Transferring Specimen to lab. , ~~~~-------------------,--------L-------r-------------------4 C[IVED AT LAB: I

STATUS OF THE SPECII\1Er.~ SPECIMEN BOTTLE{S} RElEASED TO

Signature of Accessioner (a) Sea! Intact IIYes II No ~ (b} trDns~ort Cevice _____ _

-' -'__ (e) Description ________ Signat(;r!! &Prlnted Name of Recelvmg Person RINT}Accessors Name (First, MI,last) Date(Mo/Day/Yr)

____ ____ _Print Nam£,(F1rs\.M!.Lastj Date(Mo/Day/Vr)

;I S: COMPLETED BY DONO" 1.ify that I provid ed my urine ,>pl'!cimen ~o t ho c:lllector. that I ha ll(' IICt ad tl ltc\·~teci it i:"l 2n,l":"l<lnr.er, e:;, ;:h !p~cimen bo ttle :.Jsed was sea!ecl w ith a lper~evldl"nt seal in my pre~ r~nc'_' ~;'\n tOut tTl> inf r"i ~tion prm itl ~d on this form on the bo!1::1';! i~ cu:-rpct.

Signature of Donor

tact No. _______ __ _

P e: COMPLETED BY HEAD OF SC"",-,.",E!-",Nc!!IN~' G,:- -,,U~'.~O~ .. ,,-T!.:O~"V!-_-:-_-;~_.:--::--;;-:-c-,;:-'-:C-"--'-'-_ ccordance with a;>plicable Oe?l,rtme t" t of i-I",a a h ~~ ~uireme;,ts, mi' cetermirp ti:-r:/Veri :;,:at:rm 1$:

__ C-' __ _ Oc> ':e (Mo/Day/Yr)

D3t C of 9irth ---1 ~ __ M e Day Yr

I INEGATIVE / IP05!TIVE I I TEST Ct, !'.J CHLED .' /REFUSI\t TO TEST !.\tACAUSE: I / DILUrr:D I I /\DULTE~ATED I i SUeSTITUTED

'MARKS, ___________ • _______ _

P B: TO BE COMP LETE!) BY Nft.TION.l\L REFEP.N CE lA<· fm.~:,·or.Y (NRt) lccordance with applicable 'Jl 'p ;rtr;1ent ·:"f H:.! 'th' ·r!.' f; L.'i;;,;;; ;:;;, rr. y ~~err.'I r: "( io :"l/\'cr :f. ::Itbr. f'}r tll"- <; 1 :- .;,.,1.' i.' ! ' ! ~ 1r d) is:

I P,ECONFIRMr.D FOP.: I (,tl : / i r~~ET i / C -l"::: .. .'; _. ____ ______ .. __ __ :' .' I /\H .m TO '::O T\F~ m.., ·-r • .t\ C' 0 '-! ___ • _ _ _ _ _

Name of Laboratory . Address TeU~o .

DRUG TEST REPORT (Form OT-003)

,'Iccession No.: __________ _ Date ami Time Heceived: Name: ______ ______ _ Date and Time Reportecl: ______________ _

Last Name First Name Middle Name

Age:_________ Sex: ______ _ Requesting Party: _________ ________________ __ Address: _______________________________ _ _

Purpose: _Pre-employment _Follow-up

_Random _Mandatory

_Reasonable Suspicion/Cause _Post Accident

_ Return-to-Duty _Others (specify) ________ _

Results: Test Method:

_Test Kit __ .Instrumented (pis_ specify), ________ _ _ GC-MS for Confirmatory

Drug / Metabolite MethamDhetamine (MET) Tetrahydrocannabinol (THC) Others (specify):

Remark(s):

------------------

-------------------An8!yst

j\pvoved by:

[-.------ .-~~ ... ;_;.::'i;" .• - -.----1

, r;"~'1 ~fir '· · ..... ~ i.. L r=~ ~; r} r .. v~ . \ l ,- ----- ... -. ,-- _ ... ,'-- - .---.. .. ' ) ,7":;,

Result

------------------- •• ----

Reviewed by: (If applicab!e)

SL.:perV1Sor

Head of the Le bcratc~y

------

Name of Burea u Quarterly Accomplishilleni Report __ . ______________________ . _____ .

:--------- - ACTIVITIES ----- - - -------iMoilth- r ---Month T Mont!-· i TOTAL : r---.. ·---- -- .----------.--1-------- . -- -- -- ----,- --------~-.----------- -. . DRUG TESTING PROGRAM I i ii . i

/ 1_ Corid;; ~~tc:f D-rugYesting-- -- ------------- ------ ----- -j =j--=_ ~-=-..:.~~~~-!--=--=-~=j ~--,~+1a~~:~~ ~~--- ------ -------- ----l-------- -t__ i ----t .. --=:-:-=_--:

i 2. Per:=-oni i2 ! tmde r investigation I , i ' : t_---<.E.9.~I~_q:J:~~.:.;j tj l.~...:! :~:~~~0:.~fr i matory test for uS i n~rohibitE:d urugs) --___ _ -4-- _____ ,-__ ! ___ :-_=- ___ ~_~_ - ------ --.- ! __ ---------------1 1------,,·-· .ifj~I~5rtc2.~---- --- ----,------+-----+-----+- : ~ - ~" EP I -I I I ~------ - 5t--ClJ..P--:--- -- ---- -r---i--- -i-------: __ .

r'_D~:":~E:~;i~~~;~:::-1 ----------------····· •• ·~·2l=~t-~~--D~~0~~-~-~ ; 2\ FP I I i I : , _ _ . ____ L ___ "7"_______________________ __ _ _______ _ ________ , ~ ___ . __ :.. ____ .. __ . ______ . ___ . __ .. _,, _________________ ._. _______________ .. _ , - 3 j CAA I r t I I--- - - - - -_.-. __ __ -J-___ _ ________ • _____ ~--_-."T""--_----------t b. Civi!i3n I li _ ! _ , i r ADVOCACY, EDUCATION AND TRA!NING PROGRAMS J----r---l----------r-- - - -=~~ I r 4_ Symposium re Drug Controll Prevention IAwareness conducted I _ I _._ I i ----J I 5_ Capability Enhancement Training conducted ~~ i L _______ i

~

LI I I r----------i

GENERAL HEALTH AND WELL-BEING PROGRAMS I I i , --=___ _ __ __ ________ _____ , _______ 1-__________________________ _

L f?Ji5'--,,!~h a!l ti:vy~l~l_e_s_~~ct i~s:onducted __________ ___ _+ _____ .: _______ ~ _____ L-----------~ f----~ ~t~~l~C~~~l~C-aLFitness-!l~iviti.e~- - -- ------r------r--------~------- - t----- ---- -----~ r-----~ --=p- - ---- ;.---------- -- - ----------.------ ----- , ---- ---+---- -- ~ ---------------, t-.0-:~:~: A~~~~~~~-;~~~~~ RELATED ACTIVITIES -=~~j ___ ---l---- ---1~~-=1-~~~~~=~j I 7. Anti-illegal drug_ related issuances implemented _ ~-------l---- i ____ +-_______ 1

! 8_ inter-Agency Coliaborations/Meetings attended ,! - 1 _ I i

L. __ -<Piea,~ sJ:l..f'~i!L!f_anYL____ ---------I-- ---L------~ ---,------------------J , 9. Others I i I! 1 L ________________ . __ ._ .. _ . _ .______ _____ _ __________ . __ . ______ . .!.... _ _ _ _ • .• •• _ . __ •• _____ • ___ 1.. _______ •. _L ________________ •

r,oted by Appro'l cC by:

~