THE Supreme Court (SC) has ruled that a government employee who tests positive for illegal drug use must be given a chance to undergo rehabilitation, adding that dismissal from the service must be resorted to if the employee refuses to cooperate or fails the rehabilitation program.
This was the gist of the Court en banc’s ruling during their regular session last Tuesday, where it emphasized that “drug use, and the resulting addiction or dependence, is not just a crime but a sickness that requires treatment.”
The en banc upheld the decision of the Court of Appeals (CA) finding Muntinlupa City office engineer Carlito Salomon guilty of grave misconduct for testing positive twice for the use of shabu.
However, the en banc suspended the penalties, including his dismissal from the service, and ordered Salomon’s retesting.
“If he tests negative, no treatment will be required, and the Civil Service Commission may reassess the release of his benefits and his eligibility for future public service,” it said.
But if Salomon tests positive for illegal drug use, he will undergo a drug dependency examination and enter an intervention program.
“Once certified, fully rehabilitated and fit to work by his doctor, the CSC shall reassess his status,” the SC added.
The en banc has yet to release a copy of its decision on the case.
