The recent sticker drive led by local officials of Brgy Commonwealth, Quezon City introduces a number of possible human rights violations. While we recognise the intent of curbing the problem of illegal drug, sale, and use, initiatives should always be done within the bounds of law and other Constitutional guarantees, including the presumption of innocence and due process.
The absence of proper standards and process in identifying ‘drug-free’ households puts the reputation and security of those claimed to be drug users at risk. If local officials are confident of their evidences, then proper cases should be filed so violators can be made accountable before our laws.
The Supreme Court in 2014 (Dela Cruz v. People of the Philippines) have likewise asserted that mandatory drug testing is a violation of the right to privacy and the right against self-incrimination or testifying against oneself. But even when warranted, the Dangerous Drugs Act of 2002, prescribes that such tests should only be conducted by ‘government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the [Department of Health] to safeguard the quality of test results.’
Article III, Section 2 of the 1987 Constitution also guarantees that the ‘right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.’
This house-to-house caravan, when left unchecked, may transgress a number of rights protected by laws and the Constitution. CHR calls for due diligence and observance of the rule of law, especially that poor and vulnerable Filipinos, have continuously been victims of loose policies forwarded in the name of the government’s campaign against illegal drugs. As such, we shall be sending an investigation team to ensure the protection of the rights of all and possibly guide the officials of Brgy. Commonwealth given other allegations of human rights violation in the past. ###