“Is it really necessary?”

Students from Pamantasan ng Lungsod ng Maynila (PLM) have drawn criticism over the mandatory random drug testing to be held in their university on November 26.

Lack of student consultation, transparency

Several students have only received an email in the afternoon of November 26, informing them to print the attached letter of consent and have it signed by their parent or guardian which will be submitted on November 27.

PLM further cited the Commission on Higher Education (CMO) Memorandum Order 18 that stipulated the implementing guidelines for the conduct of drug testing of students in all higher education institutes (HEIs).

However, students averred that no consultations were conducted within the student body.

According to CMO 18 Section 9 and 10, the conduct of mandatory testing must have prior approval in a consultation with up to 10 representatives from the student council. Section 13 also specifies that the consultation period must be completed by the end of February of the academic year prior to implementing the drug testing.

In the letter, the PLM University Health Services (UHS) noted that students refusing to undergo the mandatory testing will be subject to “appropriate actions” based on the PLM Student Handbook. However, the handbook did not specify any sanctions or penalties should students refuse.

“There’s nothing in the student manual about ‘appropriate actions’ for refusing mandatory drug testing. Why are students caught in the mess caused by PLM’s failure to update the student manual, even though a CHED memo had already been issued requiring a section on drug tests in the manual? And now you’re emailing students today for something scheduled tomorrow? There’s no consideration for the students’ time and availability. What’s the point of this anyway? It’s not even necessary. PLM lacks facilities, is short on professors, and offers low salaries to the ones it has—yet this is the priority?” one student commented on a report by Pamantasan, the official student publication of PLM.

Some students also complained that the PLM could have allocated a better budget for other student services, including dental and sexual health.

Additionally, the UHS also noted that should a student resulted positive (+), the student along with their parents/guardian will be invited over a meeting with the UHS, Office of the Guidance and Testing Services (OGTS), and Office of the Student and Development Services (OSDS) to discuss further interventions.

The UHS further assured confidentiality about the information of students with “positive results”, noting that it shall not be used in any criminal procedures as stipulated in the PLM Drug-Abuse Prevention Program.

Meanwhile, a positive drug test result can also be grounds for non-admission, under CMO 18 Section 15.

Risks to students: stigma and violence

Random drug testing in schools has become a national policy as part of the Republic Act 9165 or the Comprehensive Dangerous Drugs Acts of 2002. In 2008, the Supreme Court even declared the mandatory, random and suspicionless drug testing of students as “constitutional.”

Meanwhile, many educators and human rights advocates have since slammed the policy, highlighting its punitive nature within the context of the controversial war on drugs.

In a 2023 study of Gideon Lasco regarding drug testing in Philippine schools, he found that students are placed at risk of stigma and fatal violence following the implementation of drug testing in schools.

In addition, Children’s Legal Rights and Development Centre executive director Rowena Legaspi also noted that the policy has significantly contributed to the climate of fear among the youth.

In 2018, Manila Today reached out to the Department of Education (DepEd) following the proposed enforcement of the mandatory testing policy to secondary level schools, specifically Grade 4 or 10 years old and above. Until now, the DepEd has not responded to the inquiry.

The National Union of Peoples’ Lawyers (NUPL) said that secondary or tertiary schools are not precluded from implementing a mandatory drug testing of its students in the exercise of academic freedom.

Expanding campus militarization

Lasco’s study found the social and political efficacies of drug testing in forms of “social control” and “surveillance technique”.

Under CMO 18, CHED has the authority to seek assistance from other government agencies or departments for the program objectives, including the local government, Philippine National Police, among others.

National Union of Students of the Philippines NCR (NUSP-NCR) said that the implementation of mandatory drug testing in schools is a clear step toward intensifying campus militarization.

“This program further expands avenues for red-tagging and harassment at the expense of the academic freedom of students and educators. In fact, reports of militarization and red-tagging forum have been widespreading, particularly in schools across NCR, to suppress and silence critical students within educational institutions,” said NUSP NCR regional coordinator Rebecca Baliton.

Waste of money

Baliton also emphasized on the cost of the program that could turn out only to be a waste of money.

In a 2004 study by the Drug Policy Alliance and the American Civil Liberties Union, they found that drug testing is expensive which only divert scarce funds from other and more effective programs designed to keep the youth away from drugs. Accordingly, the program can also be legally risky, exposing schools to costly litigation.

“Poor implementation may also give rise to corruption,” Baliton added.

The toll of drug war on children

World Organisation Against Torture reported that at least 122 children were killed from July 2016 to December 2019 during the bloody war on drugs of the former Duterte administration.

Rights organization Karapatan also reported that there were more than 30,000 killings under Duterte’s drug war. Among these deaths were tragic reports of children caught in the crossfire, including the nine-year-old Lenin Baylon who was killed in 2016. There were also several instances where children became indirect victims when their families were targeted or when they were present during raid operations.

Meanwhile, the drug war has continued under Marcos Jr. administration. Data from the Dahas Project recorded 474 drug-related killings from July 2022 to November 2023, implying that the policy remains deadly​ especially for the victims from the marginalized sectors.

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