JUDICIAL INTEGRITY BOARD VS. RICARDO C. AVILES, JR.
- G.R. Number: A.M. No. SC-25-007
- Promulgated: 2026-01-15
Doctrine
## Facts of the Case Ricardo C. Aviles, Jr., a utility foreman in the Supreme Court Personnel Division, Office of Administrative Services, underwent a random drug test on September 26, 2024, which yielded a positive result for methamphetamine. A confirmatory test by the Department of Health also showed a positive result. Consequently, the Office of Administrative Services issued a memorandum recommending his preventive suspension and later referred the matter to the Judicial Integrity Board, charging Aviles with the serious offense of possession and/or use of illegal drugs. Aviles admitted to illegal drug use in a sworn statement, expressed remorse, and pleaded for leniency, citing his 32 years of service and that this was his first offense. The Judicial Integrity Board's Acting Executive Director found Aviles liable but recommended a one-year suspension without pay and referral to a drug rehabilitation facility, considering his mitigating circumstances. The Judicial Integrity Board adopted this recommendation. ## Issues 1. Is Ricardo C. Aviles, Jr. administratively liable for possession and/or use of illegal drugs or substances based on his first positive drug test result? ## Decision / Rationale **Issue 1:** The Court found that **Ricardo C. Aviles, Jr.** is not immediately subject to administrative liability for a first positive drug test result for illegal drug use. The Court held that under prevailing policy and jurisprudence, initial positive drug test results do not automatically lead to administrative penalties. Instead, **Aviles** must be given the opportunity to undergo treatment and rehabilitation. This aligns with the State's policy under **Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)**, which mandates reintegration of individuals affected by drug dependence, treating it as a sickness or disease. Citing **Salomon v. The City Government of Muntinlupa**, the Court reiterated that immediate dismissal for a first positive drug test is invalid. The recently amended **A.M. No. 23-02-11-SC (Amendments to the Guidelines for the Implementation of a Drug-Free Policy in the Philippine Judiciary)** now allows for treatment and rehabilitation for court employees who test positive for the first time, whether through voluntary submission or mandatory random drug testing. Section 6(A)(i) of the Amended Guidelines explicitly states that an initial positive test result is not a ground for administrative liability but requires a drug dependency examination and a corresponding intervention or rehabilitation program. Administrative charges for illegal drug use would only apply for a subsequent positive test result after completing an intervention or rehabilitation program. The Court **ORDERED** **Aviles** to undergo a drug dependency examination and a corresponding intervention or rehabilitation program at his own expense. The **Supreme Court Health and Wellness Center** was directed to refer him to the appropriate facilities. ## Doctrines - **Drug Use as a Sickness/Disease:** Drug use, and resultant addiction or dependence, is considered a sickness or disease rather than simply a crime. - **Reintegration Policy:** The State policy is to provide effective mechanisms to reintegrate into society individuals who have fallen victim to drug abuse or dependence through sustainable treatment and rehabilitation programs (**Republic Act No. 9165**). - **First Positive Drug Test and Rehabilitation:** An initial positive drug test result for a court employee does not automatically warrant administrative penalties. Instead, the employee must undergo a drug dependency examination and a corresponding intervention or rehabilitation program. Administrative liability for possession and/or use of illegal drugs or substances only arises from a subsequent positive test result after the completion of an intervention or rehabilitation program (**A.M. No. 23-02-11-SC, Amendments to the Guidelines for the Implementation of a Drug-Free…