Drug test is back for CV drivers

CEBU, Philippines - The drug test requirement in applying for and/or renewing a driver’s license in Region 7 is back in place.

This after the Regional Trial Court in Toledo City issued an injunction order against a memorandum of the Land Transportation Office (LTO) that amended the rule on the mandatory drug test.

The memo was issued by LTO Assistant Secretary Virginia Torres.

On October 9, however, RTC Branch 59 Judge Hermes Montero granted the application for preliminary injunction “enjoining the defendants from implementing the Memorandum dated June 27, 2013.”

The order will only cover Region 7, which is within the jurisdiction of the court.

Yesterday, LTO 7 Director Arnel Tancinco confirmed the drug test is again mandatory.

“Gi-dismiss nila ang temporary restraining Order but na-approve ang preliminary injunction. Sa argument, di ko kahatag sa details kay di man ko part sa hearing (The temporary restraining order was not awarded but the preliminary injunction was approved. I cannot give the details because I was not present in the hearings),” Tancinco said.

The injunction order, which took effect 1 p.m. yesterday, will be in place until the court decides on the main case.

The complainant in the case, Dulcisimo Tuldanes, has posted P300,000 as injunction bond through the Visayan Surety and Insurance Corporation, which the court approved on October 14.

Tuldanes filed the case after a car hit and damaged his house. It was found later that the driver was under the influence of liquor during the incident.

Tancinco explained that even before the court issued the writ, he requested Department of Transportation and Communications (DOTC) Secretary Joseph Emilio Abaya Jr. to issue a legal opinion on the matter.

On Tuesday, however, one of the intervenors in the case, Edgar Garan, reportedly went to the LTO office and demanded that Tancinco implement the court order or face administrative charges.

“We are asking apology to the public because this is out of the hands of the LTO right now,” Tancinco said.

He said DOTC is now weighing its options and is waiting for Abaya’s opinion. The official is still out of the country.

“LTO, in general, should be handled by solicitor general’s office. Other than that, wa tay direct authority nga maka-strategize unsaon ni pagtubag ning kasoha (LTO, in general, should be handled by the solicitor general’s office. Other than that, we don’t have a direct authority to make decisions on the case),” Tancinco said. (FREEMAN)