D E C I S I
O N
(En Banc)
(En Banc)
VELASCO, J.:
I.
THE FACTS
These
consolidated petitions challenge the constitutionality of Sec. 36 of R.A. 9165,
the Comprehensive Dangerous Drugs
Act of 2002, insofar as it requires mandatory drug testing of (1)
candidates for public office; (2) students of secondary and tertiary schools;
(3) officers and employees of public and private offices; and (4) persons
charged before the prosecutor’s office of a crime with an imposable penalty of
imprisonment of not less than 6 years and 1 day.