Manila: A government employee facing an administrative offense for drug use must be given an opportunity to undergo rehabilitation, the Supreme Court (SC) said Thursday. 'Dismissal is only justified if they refuse to cooperate with, or fail to complete, the required rehabilitation program. This is consistent with the approach provided by law and treaties to consider drug use as a public health challenge,' the court said in a statement.
According to Philippines News Agency, this was underscored by the SC En Banc in a decision dated May 20, 2025, which modified the Court of Appeals' (CA) rulings that upheld the dismissal of Muntinlupa City Office Engineer Carlito Salomon after he tested positive twice for shabu. Salomon first tested positive in an initial screening by the Muntinlupa Laboratory on March 2, 2011, but the confirmatory drug test yielded a negative result. He was again tested on June 6, 2011, where both initial screening and confirmatory drug tests yielded positive results. After a formal investigation and a formal charge of grave misconduct, the mayor dismissed him from service. The Civil Service Commission (CSC) and the CA affirmed this decision.
However, the SC ruled that while the findings were valid, Salomon should first be given a chance to rehabilitate before being dismissed. It stressed that drug use is considered a sickness or disease, not just a crime, and must be treated accordingly. 'Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, requires the State to provide drug users with access to rehabilitation programs to help them recover and reintegrate into society. This also aligns with the Philippines' duty under international agreements to address the public health aspect of illegal drug use and addiction,' the SC said.
It added that the CSC's own guidelines (Memorandum Circular No. 13, series of 2017) support this approach. 'These guidelines call for intervention rather than immediate dismissal for employees who test positive for drug use. Although there is administrative liability, the goal is to help employees recover and return to public service,' the SC said. In Salomon's case, the SC said he should have been referred to a proper rehabilitation program instead of being dismissed right away.
The SC ordered Salomon to take another drug test, as nearly 14 years have passed since his last one. If he tests negative, the court said no treatment will be required, and the CSC may already reconsider releasing his benefits and allowing him to return to government service. 'If he tests positive, he must undergo a drug dependency exam and enter a rehabilitation program. His penalties will be put on hold while he undergoes treatment,' the SC said. 'Once certified that he has fully recovered and is fit to work, the CSC shall assess whether to release his benefits and allow him to work in government again.'
