Dear PAO,
My urine sample was found to be positive for methamphetamine hydrochloride (shabu) when the government agency I am connected with conducted a random drug test. They informed me that the use of illegal drugs is a grave misconduct punishable by outright dismissal from service so they advised me to wait for the charge and just submit my answer. I admit my wrongdoing and would like to redeem myself, but my employer won’t give me a second chance, as if they have already decided to terminate my services. Is the immediate filing of an administrative case against me proper in this instance?
Timiti
Dear Timiti,
The rule governing the given set of facts is Civil Service Commission (CSC) Memorandum Circular 13, dated May 17, 2017, or the “Guidelines in the Mandatory Random Drug Test For Public Officials and Employees and for Other Purposes.” Item VII (3) thereof states that:
“Any public official or employee who, after being tested positive of drug use, shall refuse to undergo treatment or rehabilitation, or fails to complete his/her treatment or rehabilitation program, shall be charged with the administrative offense of Grave Misconduct.
“The charge of Grave Misconduct shall be grounded on the fact that said public official or employee was tested positive of drug use and not on his/her refusal to undergo or failure to complete his/her treatment.”
Correlative thereto, under Item III, id., rehabilitation is defined as “a dynamic process including 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 drugs, enjoy the fullest life compatible to his/her capabilities and potentials, and become a law abiding and productive member of the community.”
Thus, the immediate filing of an administrative offense for grave misconduct against a government employee who was found to be using illegal drugs is not in accordance with the guidelines mentioned. Instead, the employee should first undergo treatment or rehabilitation. The reason for this was explained in Salomon vs. The City Government of Muntinlupa, GR 260742, May 20, 2025, where the Supreme Court, through Senior Associate Justice Marvic M.V.F. Leonen, stated that:
“Thus, in line with the subject policy, the CSC issued CSC Memorandum Circular No. 13, Series of 2017, providing Guidelines in the Mandatory Random Drug Test for Public Officials and Employees and for Other Purposes. The guidelines are clearly animated by the policy of remedying drug use or addiction as an ailment, instead of merely punishing it as an offense. The guidelines also do not just push for drug users’ outright or immediate dismissal from service. Though administrative liability attaches once drug use is proven, the guidelines still (1) distinguish between experimenters, occasional users, and chronic users/drug dependents, (2) prioritize the provision of appropriate treatment and/or rehabilitation for each group, and (3) set up a recovery process for all groups to become fit to return to their posts and resume their duties. xxx”
Applying the above-quoted decision to your situation, the use of illegal drugs is considered as an ailment. Thus, it is essential that the government employee found to be positive for illegal drugs must be brought under the procedures mentioned in CSC Memorandum Circular 13, s. 2017. Following the said circular, the offender must first be classified as experimenter, occasional user, or drug dependent so that appropriate treatment can be provided for his or her recovery to become fit to resume work. Thus, it is not proper to immediately charge the government employee for grave misconduct.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
