Political Law, 2016 Bar — Question XII

QUESTION

Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide: “Sec. 36. Authorized drug testing. xxx The following shall be subjected to undergo drug testing: xxx c. Students of secondary and tertiary schools xxx; d. Officers and employees of public and private offices xxx; f. All persons charged before the prosecutor’s office with a criminal offense having an imposable imprisonment of not less than 6 years and 1 day;” Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the right to privacy, the right against unreasonable searches and seizures and the equal protection clause. Decide if the assailed provisions are unconstitutional. (5%)

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