The Philippine Drug Enforcement Agency on Friday insisted on its proposal to impose mandatory and random drug tests on students from Grade 4 and up, a move the Department of Education said would be an administrative nightmare and a violation of children’s rights.
However, Malacañang stood pat on its previous pronouncement that drug tests on students 10 years and older are illegal, and continued to support Education Secretary Leonor Briones’ assertion made Friday that the tests could violate their human rights and hurt them psychologically.
Presidential Spokesperson Harry Roque referred media to his statement Tuesday that the Dangerous Drugs Act limits drug testing to high school students and excludes those in grade school.
Also, based on US jurisprudence, random drug testing is constitutional only if it involves high school students, which in the Philippines are at least 13 years old, Roque said.
Despite that, PDEA Director General Aaron Aquino said testing would determine the extent of drug use among students, who might succumb to peer pressure to use narcotics.
He said he would seek a dialogue with the DepEd, which has been vocal in its opposition to the drug testing, and other groups, including parents and students.
But in a television interview, Briones said PDEA’s proposal would entail huge costs of P2.8 billion for the government, since there are 14 million students from Grade 4 to Grade 12.
In the interview on ANC, Briones continued attacking the PDEA suggestion.
“We don’t have to test everyone because it’s going to be an administrative nightmare, that’s not important, but the human rights implication is very serious, the confidentiality implication is very serious, if you subject millions of children to this kind of test because we want to protect the identities of the children,” she added.
The tests might have “unpleasant” effects on students, citing her own experience when she underwent a drug test.
“It might have an effect on a child if all children are tested. I have undergone it myself and it’s not the most pleasant thing because you have to be accompanied, you have to have a container, make sure that there is no switching, and we have had instances, even with the adults, with shy bladder who cannot produce urine because you are conscious that there is somebody and so on,” Briones said.
“Supposing you are taking other medicines, it might turn out also in the test, that’s not very psychologically inspiring for 10-year-old children to undergo this kind of process.”
“Schools are haven for peace and usually, we do not allow uniformed personnel to visit our schools… We try to protect our children. We want to give them happy experiences in learning and not traumatic things, trying to find out what they are up to,” she added.
Aquino countered by saying: “Since the start of the government’s war on drugs, PDEA has rescued four kids aged 10 and 11 years old who became users and sellers of illegal drugs. The recorded youngest pusher arrested is aged 6 years old. This goes to show that drug offenders are increasingly getting younger.”
“Studies revealed that curiosity, boredom and peer-pressure are among the predominant influences in the initial drug use in children and in the early teenage years. After satisfying their curiosity, they may decide to stop using them, or end up abusing illegal drugs,” he added.
Aquino batted for the amendment of Dangerous Drugs Board Regulation No. 6 of 2003 setting forth the guidelines for the random drug test of students in public and private secondary, tertiary schools.
“The students, when they are aware of the possibility of undergoing drug testing anytime, may cause them to stop or refuse offers from peers to use illegal drugs. PDEA is leaning toward compulsory drug testing because random drug testing may trigger even more stigma to those chosen, hence setting them apart from the rest,” Aquino said.
He added that random testing might not give a clear picture of the problem.
Aquino said the financial cost of testing the children was “a necessary burden.”
“What is of paramount importance is the health and welfare of the people, especially the youth, above all other considerations,” Aquino said.
“While it is never PDEA’s intention to threaten the students’ safety and their right to education, we have the moral duty to save them from the evils of drug use, most especially now with the emergence of new psychoactive and party drugs targeting the youth,” he said.
Teachers must also be subjected to drug test because they serve as role models and mentors for their students, he said.
“We have to involve teachers because they play a vital role in developing positive ways to deal and resist drug abuse among students,” he said.
According to PDEA, from July 1, 2016 to June 15, 2018, 21 elementary and high school teachers were arrested for drug-related offenses nationwide resulting in the confiscation of 1,208.67 grams of shabu worth P8,300,651.70.
A common modus operandi of drug syndicates nowadays is to employ young recruits and give them the means to enroll in schools and universities not to study, but to entice and peddle illegal drugs to students.
PDEA has observed the use of minors in illegal drug activities over the years, Aquino said.
Since 2011 to June 15, 2018, there are already 2,111 minors rescued for violating the anti-drug law, 1,155 of which were rescued at the onset of the drug war.
Aquino said drug syndicates have taken advantage of Republic Act 9344, or Section 6 of the Juvenile Justice and Welfare Act of 2006 exempting minors or children 15 and below from criminal liability.
Senator Aquilino Pimentel III said the PDEA should focus on going after drug syndicates and big-time dealers instead of insisting on mandatory drug tests for Grade 4 students.
“Attack the supply of drugs,” Pimentel said.
Senator JV Ejercito added that at Grade 4, students are still too young to be involved in drugs.
Parañaque Rep. Gus Tambunting also said PDEA should change its tune after the Palace has spoken on the issue.
Akbayan Party-list Rep.Tom Villarin echoed Tambunting’s concern.
“Why would PDEA insist on drug testing in schools if the premise is that some children are being used for the illegal drug trade and the response is to proceed with a nationwide initiative of drug testing for all. Why would government spend millions in resources for drug testing kits, personnel and then subject the parents to the psycho-social costs of the stigma?” Villarin said.
“These resources should better be used to dismantle the supply side of the illegal drugs market and provide assistance to schools and parents in giving care and protection of the children,” Villarin added.
But Isabela Rep. Rodolfo Albano III said it only takes coordination among government agencies concerned and proper implementation of policies for such an effort to succeed.
“PDEA officials should coordinate with DepEd so it will be implemented properly,” Albano, a member of the House majority bloc, said.