DELA CRUZ vs. PEOPLE

G.R. No. 200748

July 23, 2014

FACTS:

Complainants alleged that a certain Ariel Escobedo was picked up by several unknown male persons believed to be police officers for allegedly selling drugs. Complainants were instructed to proceed to the Gorordo Police Station. They met “James” at the Police Station, who demanded from them P100,000.00 which was later lowered to P40,000.00, in exchange for the release of Ariel. 

The accused was nabbed after an entrapment operation was conducted. The accused was later brought to the forensic laboratory where he was required to submit his urine for drug testing. The test yielded a positive result for presence of dangerous drugs.

ISSUE:

Whether or not the drug test conducted upon the petitioner is legal. (NO)

HELD:

The drug test in Section 15 does not cover persons apprehended or arrested for any unlawful act, but only for unlawful acts listed under Article II of the law.

The drug test was in violation of the petitioner’s right to privacy and right against self-incrimination. It is incontrovertible that petitioner refused to have his urine extracted and tested for drugs. 

*The above case digest is only a guide. I highly recommend that you read the FULL TEXT.