RA 9165 Section 12 to Section 21 Flashcards

1
Q

what penalty for any person, who, unless
authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body:

(Section 12)

A
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
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2
Q

TRUE OR FALSE

in the case of medical practitioners and various professionals who are
required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession,
the Board shall prescribe the necessary implementing guidelines thereof.

A

True

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3
Q

possessor has smoked,
consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated what section?

(Section 12)

A

Section 15

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4
Q

Any person found
possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of
at least two (2) persons, shall suffer the maximum penalties provided for in _________ regardless of the
quantity and purity of such dangerous drugs.
(Section 13)

A

Section 11

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5
Q

shall be
imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus
and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing
any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at
least two (2) persons.

(Section 14)

A

maximum penalty provided for in Section 12

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6
Q

person apprehended or arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test, shall be imposed a penalty of _______________________for the first offense
(Section 15)

A

six (6) months

rehabilitation in a government center

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7
Q

any person, who shall plant, cultivate or culture marijuana, opium poppy or
any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source
from which any dangerous drug may be manufactured or derived

(Section 16)

A

life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

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8
Q

TRUE OR FALSE
in the case of medical laboratories
and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of
such dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine,
the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.

(Section 16)

A

True

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9
Q

TRUE OR FALSE

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part.

(Section 16)

A

True

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10
Q

any person, who organizes, manages
or acts as a “financier” of any of the illegal activities prescribed in this Section.

(Section 16)

A

maximum penalty provided for under this Section

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11
Q

what penalty for any
person, who acts as a “protector/coddler” of any violator of the provisions under this Section.

(Section 16)

A

twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

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12
Q

any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails
to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or
controlled precursor and essential chemical in accordance with SECTION 50 OF THIS ACT

(Section 17)

A

(1) year and one (1) day to six

6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00

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13
Q

additional penalty shall be imposed through the __________________, in case of
a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.
(Section 17)

A

revocation of the license to practice his/her profession

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14
Q

penalty imposed upon the practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the dosage prescribed therein,
(Section 18)

A

imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)

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15
Q

(TRUE OR FALSE)
when a penalty imposed upon the practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the dosage prescribed therein, it is determined by the Board in consultation with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe pain.

(Section 18)

A

True

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16
Q

what penalty for any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to
be a prescription for any dangerous drug.

(Section 19)

A

life imprisonment to death and a fine

ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

17
Q

penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment,
instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment,

(Section 20)

A

shall carry

with it the confiscation and forfeiture, in favor of the government,

18
Q

what happens after After conviction in the Regional Trial Court
(Section 20)

A

the Court shall immediately
schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and
properties of the accused either owned or held by him or in the name of some other persons

19
Q

That if the forfeited property is
a vehicle, the same shall be auctioned off not later than upon order of confiscation or forfeiture.
(Section 20)

A

five (5) days

20
Q

During the _________of the case in the Regional Trial Court, no property, or income derived therefrom, which may
be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and
no bond shall be admitted for the release of the same.
(Section 20)

A

pendency

21
Q

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section

(Section 20)

A

used to
pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court costs.

22
Q

The _____shall take charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition

(Section 20)

A

PDEA