On 29 July 2004, pending the resolution of G.R. No. 163776, Palilengfiled a petition for annulment of proclamation with a prayer for the issuance of an injunctive relief,docketed as SPC No. 04-043, against the MBOC of Buguias and Cayat before the COMELECSecond Division. On 28 August 2004, the COMELEC Second Division dismissed Palileng's petitionpursuant to COMELEC Omnibus Resolution No. 7257 (Resolution No. 7257). Resolution No. 7257enumerated the cases which survived from among those filed before the Clerk of the COMELEC inthe 10 May 2004 elections and which required proceedings beyond 30 June 2004. However, on 4 November 2004, Atty. Armando Velasco, RegionalDirector for the CAR, sent a notice that the new MBOC would convene on 12 November 2004 for theimplementation of the COMELEC First Division's 25 October 2004 order. On 10 November 2004,Cayat filed a petition for certioraribefore this Court which was docketed as G.R. No. 165736. Cayatprayed that a temporary restraining order or a writ of preliminary injunction be issued to enjoin
COMELEC and its agents from enforcing the 25 October 2004 order and the 4 November 2004 noticean order be issued reversing and setting aside the 25 October 2004 order and the 4 November 2004notice; and an order be issued directing the COMELEC to suspend proceedings in SPA Case No. 04-152 until G.R. No. 163776 is resolved by this Court with finality.QUALIFICATION OF SENATORIAL CANDIDATESOCIAL JUSTICE SOCIETY VS. DANGEROUS DRUG BOARDConstitutionality of Section 36 of Republic Act No. (RA) 9165, otherwise known as theComprehensive Dangerous Drugs Act of 2002, insofar as it requires mandatory drug testing ofcandidates for public office, students of secondary and tertiary schools, officers and employees ofpublic and private offices, and persons charged before the prosecutor's office with certain offenses,among other personalities.In the case of students, the constitutional viability of the mandatory,random, and suspicionless drug testing for... students emanates primarily from the waiver by thestudents of their right to privacy when they seek entry to the school, and from their voluntarilysubmitting their persons to the parental authority of school authorities. In the case of private andpublic employees, the... constitutional soundness of the mandatory, random, and suspicionless drugtesting proceeds from the reasonableness of the drug test policy and requirement.he operativeconcepts in the mandatory drug testing are "randomness" and "suspicionless." In the case ofpersons charged with a crime before the prosecutor's office, mandatory drug testing can never berandom or suspicionless.In these kindred petitions, the constitutionality of Section 36 of Republic Act No. (RA)9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, insofar as it requires
mandatory drug testing of candidates for public office, students of secondary and tertiary schools,officers and employees of public and private offices, and persons charged before the prosecutor’soffice with certain offenses, among other personalities, is put in issue.
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