PRESENT: Hon. Harris Glenn D.

Puyot, City Vice-Mayor/

Presiding Officer
Hon. Robert N. Cong, SP Member
Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Daniel O. Racaza, SP Member
Hon. Cristiano L. Danila, SP Member
President, Liga ng mga Barangay

ABSENT: Hon. Lito B. Bulasa, SP Member

Hon. Raykito M. Kittilstvedt, SP Member

CITY ORDINANCE NO. 2016-006

AN ORDINANCE REQUIRING CITY OFFICIALS, CITY
EMPLOYEES, BARANGAY OFFICIALS AND BARANGAY WORKERS
TO UNDERGO ANNUAL MANDATORY DRUG TESTING AT
RANDOM AND FOR OTHER PURPOSES

WHEREAS, Art. III, Sec. 36 (d) of R.A. 9165 otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002” provides that Officers and employees of
public and private offices, whether domestic or overseas, shall be subjected to undergo
a random drug test as contained in the company’s work rules and regulations, which
shall be borne by the employer, for purposes of reducing the risk in the workplace.
Any officer or employee found positive for use of the dangerous drugs shall be
dealt with administratively which shall be a ground for suspension or termination
subject to the provision of Art. 282 of the Labor Code and pertinent provisions of the
Civil Service Law;

WHEREAS, substances known to be prohibited under Dangerous Drug Act are

considered harmful since they impair both judgment and skills of persons under its
influence thereby making them unfit to fulfill their functions;

WHEREAS, the City Government of Cabadbaran is concerned with the safety of

its employees and elected officials, as well as the safety and welfare of its
citizens with regards to the services rendered by the City employees and barangay
workers;

WHEREAS, the conduct of a mandatory drug test among city and barangay
officials, regular employees, job orders and barangay workers will show that the City
Government of Cabadbaran wants to attain a drug-free workplace and maintain a good
image of a public servant;
City Ord. No. 2016-006 - - - /
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WHEREAS, in an opinion rendered by City Prosecutor Ruth C. Sanchez, the

proposed measure is in accordance with the General Welfare clause of the Local
Government Code (RA 7160).

NOW THEREFORE

BE IT ORDAINED, by the 3rd Sangguniang Panlungsod of Cabadbaran City, in

its 131st Regular Session, that:

SECTION 1. TITLE- This ordinance shall be known as Mandatory Drug

Ordinance of Cabadbaran City.

SECTION 2. DECLARATION OF POLICY- It is hereby declared the policy of

the City Government of Cabadbaran that the use of addicting drugs or substances by
local government officials and employees shall not be tolerated at any time.

SECTION 3. COVERAGE- This ordinance shall apply to the following:

1. City and Barangay Officials.

2. City Regular (Permanent) employees.
3. Casual, Contractual, Job Order Personnel of the City Government
4. Brgy. Workers (Barangay Tanod, Barangay Health Worker, Brgy. Secretary,
Brgy. Treasurer, Daycare Teachers)

SECTION 4. DEFINITION OF TERMS- As used in this ordinance, the following

terms are defined:

1. Random Drug Testing- refers to the unannounced schedule of testing for

prohibited addicting drugs or substances to selected employees and officials to
be performed by an outside drug testing laboratory accredited by the
Department of Health (DOH) to safeguard the quality of the results.

2. City Officials- include the City Mayor, Vice Mayor, the Ten (10) Councilors, and
the Sectoral Members of the City Council.

3. Barangay Officials- include the Barangay Captain and the Seven (7)
Kagawads

4. Barangay Workers- include the Barangay Secretary, Barangay Treasurer, Day

Care Teachers, Barangay Health Worker (BHW) Barangay Nutrition Scholar
(BNS), Barangay Tanod or Barangay Police Officers.

5. City Employees- refer to all persons working in the Cabadbaran City

Government who are receiving salary or emolument from the coffers of the City
Government of Cabadbaran including but not limited to permanent, temporary,
casual, contractual or job order workers.
City Ord. No. 2016-006 - - - /
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6. Dangerous Drugs- refer to marijuana, shabu, ecstacy, and those listed in the
scheduled annexed to the 1961 Single Convention on Narcotic Drugs.

7. Confirmation test- is the test required to validate and confirm the result of the
screening test.

8. Positive drug test result- means that the drug concentration in the urine
sample is greater than the designated cut-off level for a specific drug and
additional confirmatory drug testing may be needed.

9. Negative drug test result- means that the concentration in the urine samples
are below the designated cut-off levels for a particular drug tested.

SECTION 5. PROCEDURE FOR RANDOM DRUG TESTING IN THE

WORKPLACE-

1. The City Government reserves the right to conduct random testing on a

regular scheduled basis for officials and employees in designated department
or barangay.
2. Testing will be conducted on a urine sample provided by the City officials,
barangay officials, barangay workers, city employees to the DOH accredited
testing laboratory.
3. The City Government will pay for the cost of the random drug testing as well
as inform the City officials, barangay officials, barangay workers, city
employees of the result whether positive or negative.
4. Positive test- if a regular employee’s test is positive during the random drug
testing, he/she will be referred to the fact finding committee for further
investigation. A confirmation test through blood testing will be conducted to
further substantiate the initial result. Job order, casual or contractual
employees, however, shall be automatically dismissed when tested positive.
5. All records concerning test results will be kept confidential in medical files
that are maintained separately from the personal file of the employee.
6. Positive result for Barangay Officials and Workers shall be referred to the
DILG for appropriate action.

SECTION 6. APPLICANTS’ REQUIREMENT- All applicants for employment in

the City Government of Cabadbaran are required to submit a Drug Test Report from
DOH accredited Laboratory.

SECTION 7. IMPLEMENTING COMMITTEE - The City Administrator as

Chairman, the DILG-LGOO, City Legal Officer, City Health Officer and City Human
Resource Officer (HRO) as members is hereby created as implementing committee
for the effective implementation of this ordinance and is empowered to formulate
systems and procedure in the administration of the purpose of this Ordinance.
City Ord. No. 2016-006 - - - /
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SECTION 8. APPROPRIATION- An amount of Two Million Pesos

(P2,000,000.00) is appropriated for the cost of laboratory test for the City officials,
barangay officials, barangay workers and city employees to be taken from the
Mayor’s Office Budget.

SECTION 9. SEPARABILITY CLAUSE- Should any provision of this ordinance

be declared unconstitutional or illegal by court of competent jurisdiction, those parts
that are not so declared shall remain in full force and effective.

SECTION 11. REPEALING CLAUSE- Any previous ordinance or parts thereof,

which are inconsistent with this ordinance, are hereby repealed.

SECTION 12. EFFECTIVITY- This Ordinance shall take effect thirty (30) days
after approval and compliance of the posting or publication requirements. In the
posting of this Ordinance, the systems and procedures formulated and duly signed
by the Implementing Committee shall be attached and made an integral part of this
Ordinance.

ENACTED AND APPROVED: JUNE 8, 2016

Author : Hon. Alicia C. Funcion

Co-Authors : Hon. Leo M. Jongko
Hon. Leo M. Jongko
Movant : Hon. Alicia C. Funcion
Seconders : Hon. Robert N. Cong
Hon. Cristiano L. Danila

CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT

City Vice Mayor/Presiding Officer

ROBERT N. CONG SALUTARIO B. CUASITO

SP Member/ SP Member
Plenary Floor Leader
City Ord. No. 2016-006 - - - /
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LEO M. JONGKO LITO B. BULASA

SP Member SP Member

NIEVA C. FAMADOR LORITO Q. MARAGAÑAS

SP Member SP Member

PHILLIP D. RAMIREZ ALICIA C. FUNCION

SP Member SP Member

DANIEL O. RACAZA RAYKITO M. KITTILSTVEDT

SP Member SP Member

CRISTIANO L. DANILA
SP Member/
President, Liga ng mga Brgy.

ATTESTED:

NELIA T. ALBARAN
Secretary to the Sangguniang Panlungsod Submitted to the Mayor:
Date: _____________

APPROVED:

DALE B. CORVERA
City Mayor
lmbctord2016-009
131st RS