High court sacks drugusing CA employees

THE Supreme Court dismissed three employees of the Court of Appeals (CA) for using methamphetamine hydrochloride, also known as shabu.

In 2022, Garry Caliwan, Edmundo Malit and Frederick Mauricio tested positive for shabu in a random drug test.

The result was confirmed by an accredited laboratory facility of the Department of Health-Dangerous Drugs Board.

Following an investigation, the CA transmitted the case records to the Judicial Integrity Board (JIB), which recommended the dismissal of the three employees.

In Mauricio’s case, the JIB, noting his early retirement, recommended that he be sanctioned with the accessory penalties of forfeiture of his retirement benefits, except accrued leave credits, and perpetual disqualification from public office.

The Supreme Court, in a per curiam decision, said that the use of prohibited drugs now squarely falls under the serious charge of possession and/or use of illegal drugs or substances, not grave misconduct, when it is committed by members, officials, employees and personnel of the Judiciary.

Further, under the Guidelines for the Implementation of a Drug-Free Policy in the Philippine Judiciary, there are two scenarios under which a court employee shall be charged with the possession and/or use of illegal drugs or substances: when he or she tests positive for drug use through a random drug test; and when he or she voluntarily submits himself or herself to drug testing and is found positive for drug use for a second time, despite having completed the treatment and/or drug rehabilitation program.

The tribunal thus agreed with the JIB that the penalty of dismissal from the service is proper and commensurate with the gravity of the offense that respondents committed, considering that this was the second time that they tested positive for dangerous drugs in a random drug test.