MANILA, Philippines — The Supreme Court (SC) en banc has ruled that government employees who test positive for illegal drug use must be given the opportunity to undergo rehabilitation before they can be dismissed from service.

According to the court, dismissal is only justified if they refuse to cooperate with, or fail to complete, the required rehabilitation program.

In a decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC modified previous rulings by the Court of Appeals (CA) which had upheld the dismissal of Muntinlupa City Office Engineer Carlito P. Salomon after testing positive twice for shabu.

Salomon was initially found positive in a screening by the Muntinlupa Laboratory and later confirmed by the National Laboratory. Following an investigation and formal charge for grave misconduct, the Muntinlupa City Mayor dismissed him from service. The Civil Service Commission (CSC) and the CA affirmed the dismissal.

However, the SC held that while the positive drug tests were valid, Salomon should have been first referred to a rehabilitation program instead of immediate dismissal. The Court emphasized that drug use is a health issue and must be treated as such, consistent with the law and international treaties addressing drug addiction as a public health challenge.

Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, mandates the State to provide access to rehabilitation programs for drug users to facilitate their recovery and reintegration. The CSC’s own guidelines also promote intervention over outright dismissal for employees who test positive.

The SC ordered Salomon to take another drug test, noting that nearly 14 years have passed since his last one. If he tests negative, no further treatment is needed, and the CSC may reconsider releasing his benefits and allowing his return to government service.

If he tests positive, Salomon must undergo a drug dependency examination and complete a rehabilitation program. His dismissal penalties will be put on hold while he receives treatment, and once certified fully recovered and fit to work, the CSC will decide on his possible reinstatement and benefits.