Comprehensive Dangerous Drugs Act Flashcards
Comprehensive Dangerous Drugs Act
RA 9165
RA 9165
Comprehensive Dangerous Drugs Act
When was RA 9165 approved?
June 7, 2002
RA 9165 Consolidations
- Senate Bill No. 1858 of May 30, 2002
- House Bill No. 413 of May 29, 2002
- Repealing Law for RA 6425 known as the Dangerous Drugs Act of 1972
- RA 10640 of July 15, 2014 amending Section 21 of RA 9165
____ is the president who approved RA 9165.
Pres. Gloria Macapagal Arroyo
RA 9165 consists of ____ sections.
102
RA 9165 consists of ____ articles.
13
Definition of Terms
____ is the act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.
Administer
Definition of Terms
Board
Dangerous Drugs Board
Definition of Terms
____ pertains to the treatment and rehabilitation centers for drug dependents.
Centers
Definition of Terms
____ pertains to the sale, distribution, supply or transport of precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
Chemical Diversion
Definition of Terms
____ pertains to the facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.
Clandestine Laboratory
Definition of Terms
____ pertains to the analytical test which will validate and confirm the result of the screening test.
Confirmatory Test
Definition of Terms
____ pertains to the consignment of any dangerous drug and/or controlled precursor and essential chemical to pass into, through or out of the country.
Controlled Delivery
Definition of Terms
____ pertains to the raw materials.
Controlled Precursors and Essential Chemicals
Definition of Terms
____ pertains to the planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.
Cultivate or Culture
Definition of Terms
____ pertains to the drug/s with detrimental effect to humans.
Dangerous Drugs
Definition of Terms
____ pertains to the act of passing a dangerous drug to another.
Deliver
Definition of Terms
____ pertains to the place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
Den, Dive or Resort
Definition of Terms
____ pertains to the act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.
Dispense
Definition of Terms
____ pertains to the cluster of physiological, behavioral and cognitive phenomena of variable intensity, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior.
Drug Dependence
Definition of Terms
____ pertains to the organized group of two (2) or more persons forming or joining together with the intention of committing any offense.
Drug Syndicate
Definition of Terms
____ pertains to the caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort.
Employee of Den, Dive or Resort
Definition of Terms
____ pertains to the person who pays for, raises or supplies money for the production of illegal drugs.
Financier
Definition of Terms
____ pertains to the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.
Illegal Trafficking
Also known as “Illegal Drug Trade” or “Drug Trafficking”
Definition of Terms
____ pertains to any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.
Instrument
Definition of Terms
____ pertains to the paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical
Laboratory Equipment
Definition of Terms
____ pertains to the production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemicals.
Manufacture
Definition of Terms
____ pertains to Marijuana, Indian Hemp, Hashish, Bhang, Guaza, Churrus and Ganja.
Cannabis
Definition of Terms
____ pertains to Ecstasy.
Methylenedioxymethamphetamine (MDMA)
Definition of Terms
____ pertains to Shabu, Ice, and Meth.
Methamphetamine Hydrochloride
Definition of Terms
____ pertains to the coagulated juice of the Opium Poppy (Papaver somniferum L.).
Opium
Definition of Terms
____ part of the plant of the Papaver species.
Opium
Definition of Terms
____ pertains to the Philippine Drug Enforcement Agency.
PDEA
Definition of Terms
____ pertains to the entity capable of acquiring rights or
entering into obligations.
Person
Definition of Terms
____ pertains to the act of inserting, placing, addingor attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation.
Planting of Evidence
Definition of Terms
____ pertains to licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
Practitioner
Definition of Terms
____ consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows.
Protector or Coddler
Definition of Terms
____ sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions.
Pusher
Definition of Terms
____ pertains to the educational institution, private or public.
School
Definition of Terms
____ pertains to the rapid test performed to establish potential/ presumptive positive result.
Screening Test
Definition of Terms
____ pertains to the act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.
Sell
Definition of Terms
____ pertains to the transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker.
Trading
Definition of Terms
____ pertains to the act of injecting, intravenously or intramuscularly, or consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs.
Use
____ means life imprisonment to death.
Reclusion Perpetua
Unlawful Acts
Importation of dangerous drugs
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Financier
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Proximate cause of death of a victim (minor or a mentally incapacitated individual)
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Maintenance of a den, dive or resort where any dangerous drug is used or sold
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Manufacture of dangerous drugs
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Possession of dangerous drugs
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Possession of dangerous drugs during parties, social gatherings or meetings
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Cultivation or culture of plants classified as dangerous drugs
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Unlawful prescription of dangerous drugs
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Criminal liability of a public officer or employee for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment (absolute perpetual disqualification from any public office)
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Criminal liability of government officials and employees
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Criminal liability for planting of evidence
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Dangerous drug be the proximate cause of the death of a person using the same in such den, dive, or resort
- Imprisonment: Life imprisonment to death (Reclusion Perpetua)
- Fine: PHP 1,000,000 - PHP 15,000,000
Unlawful Acts
Importation controlled precursors and essential chemicals
- Imprisonment: 12 years and 1 day to 20 years (Reclusion Temporal)
- Fine: PHP 100,000 - PHP 500,000
Unlawful Acts
Protector/Coddler
- Imprisonment: 12 years and 1 day to 20 years (Reclusion Temporal)
- Fine: PHP 100,000 - PHP 500,000
Unlawful Acts
Employees and visitors of a den, dive, or resort
- Imprisonment: 12 years and 1 day to 20 years (Reclusion Temporal)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Unnecessary prescription of dangerous drugs
- Imprisonment: 12 years and 1 day to 20 years (Reclusion Temporal)
- Fine: PHP 500,000 - PHP 10,000,000
Unlawful Acts
Possession of paraphernalia
- Imprisonment: 6 months and 1 day to 4 (Prison Correctional)
- Fine: PHP 10,000 - PHP 50,000
Unlawful Acts
Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings.
- Imprisonment: 6 months and 1 day to 4 (Prison Correctional)
- Fine: PHP 10,000 - PHP 50,000
Unlawful Acts
Methamphetamine hydrochloride or “shabu” is ten (10) grams or more but less than fifty (50) grams.
- Imprisonment: Life Imprisonment (Reclusion Perpetua)
- Fine: PHP 400,000 - PHP 500,000
Unlawful Acts
Quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or “shabu”, or other dangerous drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB.
- Imprisonment: 20 years and 1 day to Life Imprisonment
- Fine: PHP 400,000 - PHP 500,000
Unlawful Acts
Three hundred (300) grams or more but less than five hundred (500) grams of marijuana
- Imprisonment: 20 years and 1 day to Life Imprisonment
- Fine: PHP 400,000 - PHP 500,000
Unlawful Acts
Quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or “shabu”, or other dangerous drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB.
- Imprisonment: 12 years and 1 day to 20 years (Reclusion Temporal)
- Fine: PHP 300,000 - PHP 400,000
Unlawful Acts
Maintenance and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals.
- Imprisonment: 1 year and 1 day to 6 years
- Fine: PHP 10,000 - PHP 50,000
Unlawful Acts
Use of dangerous drugs (first offense)
- Rehabilitation: 6 months minimum
- Fine: PHP 50,000 - PHP 200,000
Unlawful Acts
Use of dangerous drugs (second offense)
- Imprisonment: 6 years and 1 day to 12 years
- Fine: PHP 50,000 - PHP 200,000
The ____ is the Policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control.
Dangerous Drugs Board
The DDB is under the ____.
Office of the President
DDB is composed of ____ members.
17
The DDB shall have ____ permanent members.
3
The DDB shall have ____ ex-officio members.
12
The DDB shall have ____ regular members.
2
Qualifications of the Three Permanent Members of the DDB
The members should have at least ____ training and experience in the field of dangerous drugs.
7 years
Qualifications of the Three Permanent Members of the DDB
The members should have training and experience in the following field:
- Law
- Medicine
- Criminology
- Psychology
- Social Work
Qualifications of the Three Permanent Members of the DDB
The members are appointed by the ____.
President of the Philippines
Qualifications of the Three Permanent Members of the DDB
The Chairman has a term of ____.
6 years
Qualifications of the Three Permanent Members of the DDB
The Undersecretary has a term of ____.
4 years
Qualifications of the Three Permanent Members of the DDB
The other Undersecretary has a term of ____.
2 years
Who are the 2 regular members of the DDB?
- President of the Integrated Bar of the Philippines
- Chairman or President of a non-government organization involved in dangerous drug campaign
The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the ______.
President of the Philippines
Who are the permanent consultants of the Board?
- Director of NBI
- Chief of PNP
The ____ shall attend all the meetings of the board.
Director of NBI & Chief of PNP
How often does the DDB meet?
- Once a week
- As often as necessary at the discretion of the Chairman
- At the call of any 4 members
The presence of ____ members shall consitute a quorum.
9 members