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CIC Module 4 > *RA 9165 > Flashcards

*RA 9165 Flashcards

1
Q

Comprehensive Dangerous Drug Act of 2002, which was passed into law on June 7, 2002, overhauled the 30-year old Dangerous Drug Act of 1972.

A

RA 9165

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2
Q

Any 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.

A

Administer

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3
Q

The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled 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.

A

Chemical Diversion

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4
Q

Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.

A

Clandestine Laboratory

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5
Q

An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

A

Confirmatory Test

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6
Q

The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.

A

Controlled Delivery

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7
Q

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

A

Controlled Precursors and Essential Chemicals

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8
Q

Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.

A

Cultivation

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9
Q

Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.

A

Dangerous Drugs

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10
Q

Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

A

delivery

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11
Q

A 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.

A

Den, Dive or Resort

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12
Q

Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

A

Dispense

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13
Q

Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

A

Drug Syndicate

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14
Q

The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

A

Employee of Den, Dive or Resort

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15
Q

Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.

A

Financier

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16
Q

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.

A

Illegal Trafficking

17
Q

Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

A

Instrument.

18
Q

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, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

A

Laboratory Equipment

19
Q

Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

A

Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by its any other name

20
Q

Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

A

Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or by its any other name

21
Q

Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

A

Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name

22
Q

The willful act by any person of maliciously and surreptitiously inserting, placing, adding or 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 of this Act.

A

Planting of Evidence.

23
Q

Any person who knowingly and willfully 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, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

A

Protector/Coddler

24
Q

Any person who 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, in violation of this Act.

A

Pusher

25
Q

Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.

A

Sell

26
Q

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, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

A

Trading

27
Q

Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drugs.

A

Use.

28
Q

Import or bring any dangerous drug OR any controlled precursor and essential chemical.

A

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

29
Q

Section 5

A

Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

30
Q

Elements of Section 5

A
  1. Identity of the buyer and seller, the object and consideration; and
  2. Delivery of the thing sold and payment therefore
31
Q

Jurisprudence has firmly entrenched the following elements in the crime of Illegal sale of prohibited drugs:

A
  1. the accused sold and delivered a prohibited drug to another
  2. he knew that what he had sold and delivered was a dangerous drug
32
Q

Testimonial Evidence

A

Testimonial of the buy-bust team or entrapment team

  • poseur buyer
  • police investigator
  • forensic chemist
  • arresting officer
33
Q

Section 6.

A

Maintenance at a Den, Dive or Resort.
Maintaining a den, dive or resort
1. Any dangerous drug is used or sold in any form.
2. Any controlled precursor and essential chemical is used or sold in any form.

34
Q

SUPREME COURT DECISIONS
The commission of the offense of Illegal sale of dangerous drugs requires merely the consummation of the selling transaction, which happens the moment the buyer receives the drug from the seller. (People vs. Bandung, 430 SCRA 70)

A buy-bust operation is a form of entrapment which has been accepted to be a valid means of arresting violators of the Dangerous Drugs law. (People vs. Ahmad, 419 SCRA 677). There is no rigid or textbook method In conducting buy-bust operations. (People vs. Ahmad).

SUPREME COURT DECISIONS
Neither law nor Jurisprudence requires the presentation of any of the money used in a “buy-bust” operation. (People vs. Yang, 423 SCRA 82).

The absence of a prior surveillance or test buy does not affect the legality of the buy-bust operafion. (People vs. l.I Yin Chu, 423 SCRA 158)

A

1

35
Q

Qualifying circumstances.

  • A minor was allowed to use the drugs in such a place.
  • Dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort.
  • Owned by a third person- confiscated and escheated in favor of the government.

Organizer, manager or “financier”
Protector/coddler

A

1

36
Q

Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

Manufacture of

(a) dangerous drug or
(b) controlled precursor and essential chemlcal.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.

(c) CLANDESTINE LAB - secured or protected with booby traps;
(d) CLAN LAB - concealed with legitimate business operations; or

(e) Employment of a practitioner, chemical engineer,’ public official or foreigner.

Financier
Protector/coddler

A

Section 8.

CIC Module 4 (13 decks)

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