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Questions and Answers
According to RA 9165, what is the primary policy of the State regarding dangerous drugs?
According to RA 9165, what is the primary policy of the State regarding dangerous drugs?
- To legalize the sale of dangerous drugs to boost the economy.
- To safeguard the integrity of its territory and the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs. (correct)
- To ignore the issue of dangerous drugs and focus on other social problems.
- To promote the use of dangerous drugs for medical research.
Under Section 4 of RA 9165, what is the penalty for the importation of dangerous drugs and/or controlled precursors and essential chemicals?
Under Section 4 of RA 9165, what is the penalty for the importation of dangerous drugs and/or controlled precursors and essential chemicals?
- A fine of P1,000
- 1 year imprisonment
- 6 months rehabilitation
- Life imprisonment to death and a fine of P500,000 to P10 million. (correct)
Which of the following acts is NOT included under Section 5 of RA 9165, concerning unlawful acts and penalties related to dangerous drugs?
Which of the following acts is NOT included under Section 5 of RA 9165, concerning unlawful acts and penalties related to dangerous drugs?
- Consumption (correct)
- Sale
- Distribution
- Trade
Under RA 9165, what condition would lead to the imposition of the maximum penalty for the sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs?
Under RA 9165, what condition would lead to the imposition of the maximum penalty for the sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs?
What defines a 'Den, Dive, or Resort' according to Section 6 of RA 9165?
What defines a 'Den, Dive, or Resort' according to Section 6 of RA 9165?
According to RA 9165, what happens to a den, dive, or resort that is used for illegal drug activities?
According to RA 9165, what happens to a den, dive, or resort that is used for illegal drug activities?
According to Section 7 of RA 9165, what is the penalty for employees and visitors of a den, dive, or resort?
According to Section 7 of RA 9165, what is the penalty for employees and visitors of a den, dive, or resort?
Under Section 11 of RA 9165, what is the penalty for possession of dangerous drugs?
Under Section 11 of RA 9165, what is the penalty for possession of dangerous drugs?
According to RA 9165, which of the following must be proven to establish possession of dangerous drugs?
According to RA 9165, which of the following must be proven to establish possession of dangerous drugs?
According to RA 9165, how much methamphetamine hydrochloride ('shabu') must be possessed to warrant life imprisonment to death?
According to RA 9165, how much methamphetamine hydrochloride ('shabu') must be possessed to warrant life imprisonment to death?
Under Section 12 of RA 9165, what is the penalty for possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs?
Under Section 12 of RA 9165, what is the penalty for possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs?
According to RA 9165, what is the minimum penalty for a person apprehended or arrested and found positive for use of any dangerous drug for the first offense?
According to RA 9165, what is the minimum penalty for a person apprehended or arrested and found positive for use of any dangerous drug for the first offense?
What is the penalty for planting, cultivating, or culturing plants classified as dangerous drugs or sources of dangerous drugs, according to RA 9165?
What is the penalty for planting, cultivating, or culturing plants classified as dangerous drugs or sources of dangerous drugs, according to RA 9165?
Under RA 9165, what is the penalty for a public officer or employee who is found guilty of misappropriation, misapplication, or failure to account for confiscated, seized, and/or surrendered dangerous drugs?
Under RA 9165, what is the penalty for a public officer or employee who is found guilty of misappropriation, misapplication, or failure to account for confiscated, seized, and/or surrendered dangerous drugs?
According to RA 9165, what is the penalty for any person found guilty of 'planting' any dangerous drug and/or controlled precursor and essential chemical?
According to RA 9165, what is the penalty for any person found guilty of 'planting' any dangerous drug and/or controlled precursor and essential chemical?
If a law enforcement agent fails to appear as a witness for the prosecution in a dangerous drugs case, what does RA 9165 prescribe?
If a law enforcement agent fails to appear as a witness for the prosecution in a dangerous drugs case, what does RA 9165 prescribe?
Under RA 9165, if an immediate superior fails to notify the court of an order to transfer or re-assign a law enforcement agent within the required timeframe, what are the consequences?
Under RA 9165, if an immediate superior fails to notify the court of an order to transfer or re-assign a law enforcement agent within the required timeframe, what are the consequences?
A government officer tasked with prosecuting drug-related cases causes their unsuccessful prosecution due to unreasonable delay. According to RA 9165, what is the penalty?
A government officer tasked with prosecuting drug-related cases causes their unsuccessful prosecution due to unreasonable delay. According to RA 9165, what is the penalty?
According to Section 26, what happens to those who commit unlawful acts?
According to Section 26, what happens to those who commit unlawful acts?
According to Section 27, who are criminally liable for misappropriation, misapplication, or failure to account for the Confiscated, Seized and/or Surrendered Dangerous Drugs?
According to Section 27, who are criminally liable for misappropriation, misapplication, or failure to account for the Confiscated, Seized and/or Surrendered Dangerous Drugs?
Based on the content, any elective local or national official can be disqualified from holding any elective or appointive positions in the government if they have benefited or received from the trafficking of dangerous drugs. What is the first action that must happen to this official?
Based on the content, any elective local or national official can be disqualified from holding any elective or appointive positions in the government if they have benefited or received from the trafficking of dangerous drugs. What is the first action that must happen to this official?
What is the penalty for planting any dangerous drug and/or controlled precursor and essential chemical?
What is the penalty for planting any dangerous drug and/or controlled precursor and essential chemical?
Delay & Bungling in Prosecution of Drug Cases has penalties under Section 92. What is that penalty?
Delay & Bungling in Prosecution of Drug Cases has penalties under Section 92. What is that penalty?
What is considered as planting of evidence in the context of RA 9165?
What is considered as planting of evidence in the context of RA 9165?
What could happen to a law enforcement officer who fails to appear as a witness for the prosecution in a dangerous drugs case?
What could happen to a law enforcement officer who fails to appear as a witness for the prosecution in a dangerous drugs case?
Under RA 9165, what is the rule regarding the transfer or re-assignment of a law enforcement agent involved in a drug case?
Under RA 9165, what is the rule regarding the transfer or re-assignment of a law enforcement agent involved in a drug case?
Per RA9165, what legal actions can be taken against the immediate superior who fails to notify the court of the transfer or re-assignment of a law enforcement agent involved in a drug case?
Per RA9165, what legal actions can be taken against the immediate superior who fails to notify the court of the transfer or re-assignment of a law enforcement agent involved in a drug case?
What measures does RA 9165 impose on government officers or employees who mishandle drug-related cases?
What measures does RA 9165 impose on government officers or employees who mishandle drug-related cases?
According to Section 26 on Attempt or Conspiracy, what are the potential consequences for attempting to commit the following unlawful act: Manufacture of a Dangerous Drug
According to Section 26 on Attempt or Conspiracy, what are the potential consequences for attempting to commit the following unlawful act: Manufacture of a Dangerous Drug
An elective local official uses their office to receive money from drug traffickers. According to RA 9165, what will happen to them?
An elective local official uses their office to receive money from drug traffickers. According to RA 9165, what will happen to them?
You have witnessed a neighbor planting a controlled substance in another's premises. What should you do?
You have witnessed a neighbor planting a controlled substance in another's premises. What should you do?
What will be the liability of a superior officer who is assigned to a lower officer under Ra 9165?
What will be the liability of a superior officer who is assigned to a lower officer under Ra 9165?
A law enforcement agent fails to appear as a witness for the prosecution in a dangerous drugs case. Who will be penalized?
A law enforcement agent fails to appear as a witness for the prosecution in a dangerous drugs case. Who will be penalized?
A local authority transfers an officer and fails to notify the assigned court of the transfer. What will happen to that authority?
A local authority transfers an officer and fails to notify the assigned court of the transfer. What will happen to that authority?
A person assigned to serve justice for court under the RA 9165 does not prosecute to the best measure or abilities due to neglect. What will happen?
A person assigned to serve justice for court under the RA 9165 does not prosecute to the best measure or abilities due to neglect. What will happen?
Flashcards
RA 9165
RA 9165
RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, is a Philippine law that aims to safeguard the integrity of the country's territory and the well-being of its citizens from the harmful effects of dangerous drugs.
Policy of the State (RA 9165)
Policy of the State (RA 9165)
According to RA 9165, it is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being and to defend the same against acts or omissions detrimental to their development and preservation.
Importation of Dangerous Drugs
Importation of Dangerous Drugs
The act of bringing dangerous drugs into a country. The offender can be an importer.
Sale, Trading, etc. of Dangerous Drugs
Sale, Trading, etc. of Dangerous Drugs
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Den, Dive, or Resort (Drug-related)
Den, Dive, or Resort (Drug-related)
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Possession of Dangerous Drugs
Possession of Dangerous Drugs
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Possession of Drug Paraphernalia
Possession of Drug Paraphernalia
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Use of Dangerous Drugs
Use of Dangerous Drugs
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Cultivation of Plants (Drugs)
Cultivation of Plants (Drugs)
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Planting of Evidence
Planting of Evidence
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Failure to Testify
Failure to Testify
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Delay & Bungling in Prosecution
Delay & Bungling in Prosecution
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Study Notes
- RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, aims to safeguard the integrity of the country and the well-being of its citizens from the harmful effects of dangerous drugs.
- The State policy defends its citizens against acts detrimental to their development and preservation.
Unlawful Acts and Penalties
- Section 4 concerns the Importation of Dangerous Drugs and/or Controlled Precursors & Essential Chemicals.
- If the offender is an Importer, the penalty is Life to Death and a fine of P500k-P10M.
- An Importer using a Diplomatic Passport faces Death + P10M fine.
- For a Financier, Organizer, or Manager of Importation, the penalty is Death + P10M.
- A Protector/Coddler faces 12 years and 1 day to 20 years imprisonment, plus a fine of P100k to P500k.
- Section 5 penalizes acts like Sale, Trade, Distribution, Delivery, Transport, or acting as a Broker.
- The penalty for unauthorized sale, trade, distribution, delivery, transport or brokerage of dangerous drugs is Life to Death + P500k-P10M.
- The elements of these crimes involve the identity of the buyer and seller, the object, delivery of the sold item, and the payment.
- Maximum penalties are imposed if the crime is committed within 100m of a school.
- Maximum penalties are also imposed for the use of minors or mentally incapacitated persons as runners, couriers & messengers.
- Maximum penalties are imposed if the victim is a minor or mentally incapacitated.
- Maximum penalties are imposed if the dangerous drug is the cause of victim's death.
- A person who organizes or manages unlawful acts, also financiers face maximum penalties.
- A protector/coddler will be imprisoned for 12y and 1d to 20y + P100k to P500k.
- Section 6 addresses the Maintenance of a Den, Dive, or Resort, defined as a place where dangerous drugs and/or controlled precursors and essential chemicals are administered, delivered, stored for illegal purposes, distributed, sold, or used in any form.
- Maintaining such a place leads to a penalty of Life to death + P500k – P10M fine.
- If the den, dive, or resort caters to minor clients, the penalty is Death + P10M fine.
- If someone is the financier of such a place, penalty is Death + P10M fine.
- If someone is a protector/coddler to such a place, penalty is 12 years 1 day – 20 years + P100k - P500k fine.
- If client dies, the penalty is Death + P1M - P15M fine.
- A den/dive/resort shall be confiscated in favor of government.
- Section 7 concerns Employees and Visitors of a Den, Dive, or Resort.
- Imprisonment is 12y 1d - 20y + Fine of P100k - P500k
- Penalties will be laid out (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, is aware of the nature of the place as such and shall knowingly visit the same.
- Section 11 criminalizes Possession of Dangerous Drugs.
- The penalty is Life Imprisonment to Death and Fine P500k - P10M.
- Elements of the crime of possession are that the person is in possession of a prohibited drug, the possession is unauthorized, and the person freely & consciously possessed the said prohibited drug.
- Penalties include life imprisonment to death for possessing 10 grams or more of opium.
- Penalties include life imprisonment to death for possessing 10 grams or more of morphine, heroin, or cocaine or cocaine hydrochloride.
- Penalties include life imprisonment to death for possessing 50 grams or more of methamphetamine hydrochloride or "shabu".
- Penalties include life imprisonment to death for possessing 10 grams or more of marijuana resin or marijuana resin oil.
- Penalties include life imprisonment to death for possessing 500 grams or more of marijuana.
- Penalties include life imprisonment to death for possessing 10 grams or more of other dangerous drugs.
- Section 12 penalizes Possession of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs.
- The penalty for possession is Imprisonment for 6 months & 1 day – 4 years with a Fine of P10k - P50k.
- Section 15 addresses Use of Dangerous Drugs.
- A person apprehended or arrested, who tests positive for use of any dangerous drug after a confirmatory test, will be imposed a penalty of a minimum of 6 months REHABILITATION in a government center for the first offense.
- If apprehended using any dangerous drug again, he/she shall suffer the penalty of Imprisonment of 6 year & 1 day to 12 years + Fine P50k to P200k.
- Section 16 prohibits the Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
- The penalty is Life Imprisonment to Death and a Fine of P500k to P10M for planting, cultivating or culturing marijuana, opium poppy or any other plant that is or may be classified as a dangerous drug.
- If someone organizes the any of the illegal activities = Death + Fine of P10M.
- Likewise, someone who acts a as a "protector/coddler" of any violator to the provision = Imprisonment for 12 years & 1 day - 20 years Fine of P100k to P500k
- Section 17 refers to Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- Section 18 refers to Unnecessary Prescription of Dangerous Drugs.
- Section 19 refers to Unlawful Prescription of Dangerous Drugs.
- Section 37 refers to Issuance of False or Fraudulent Drug Test Results.
- Section 26 covers Attempt or Conspiracy to commit unlawful acts related to dangerous drugs is penalized by the same penalty prescribed for the commission of the act itself.
- This includes (a) Importation (b) the processes of sale, trading, administration, dispensation, etc (c) Maintenance of a den, dive or resort (d) Manufacture of any dangerous drug and/or controlled chemical (e) Cultivation or culture of plants
- Section 27 states a Public Officer or Employee is criminally liable Misappropriation, Misapplication or Failure to Account for seized dangerous drugs and equipment
- An elective local or national official found to have benefitted from drug money or received donations from convicted traffickers shall be removed from office and perpetually disqualified from holding any government position.
- Section 29 discusses the Criminal Liability for planting of evidence.
- Anyone planting dangerous drugs will be subjected to the penalty of DEATH.
- Planting of Evidence = The willful act by maliciously inserting whatever quantity is inserted to an person.
- Section 91 discusses Responsibility and Liability of Law Enforcement Agencies in Testifying as Prosecution Witnesses in Dangerous Drugs Cases.
- If they fail or refuse to witness intentionally, imprisonment will be laid out and additional penalty of P500k
- Then, the immediate superior will also be subjected to prison/liabilities (Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k" should the superior fail to notify the court.
- Finally, the law enforcer agencies shall not be transferred during the pendency of the court.
- Section 92, Delay & Bungling in Prosecution of Drug Cases is punishable by Imprisonment 12y & 1d to 20y.
- RA 9165 was signed June 7, 2002, by Gloria Macapagal Arroyo.
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