RA 9165 Section 21 to Section 27 Flashcards

1
Q

The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically _____ and _______

(Section 21)

A

inventory and photograph

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2
Q

The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically__________ and __________the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her
(Section 21)

A

-representative or counsel
-representative
from the media
- Department of Justice (DOJ),
- any elected public official (who shall be required to
sign the copies of the inventory and be given a copy)

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3
Q

A certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within __________ after the RECEIPT OF THE SUBJECT
item/s:
(Section 21)

A

twenty-four (24) hours

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4
Q

where shall a final certification be
issued?

(Section 21)

A

on the completed forensic laboratory examination

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5
Q

within ___________ the final certification shall be issued

Section 21

A

within the next twenty-four (24) hours;

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6
Q

when the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within the time frame,
(Section 21)

A

partial laboratory examination report shall be provisionally issued

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7
Q

After the filing of the criminal case, the Court shall, _________

(Section 21)

A

within seventy-two (72) hours,

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8
Q

what will happen After the filing of the criminal case, the Court shall, within 72 hrs what should they conduct?

(Section 21)

A

conduct an OCULAR INSPECTION of the

  • confiscated,
  • seized and/or surrendered dangerous drugs,
  • plant sources of dangerous drugs, and
  • controlled precursors and
  • essential chemicals, including the
  • instruments/paraphernalia and/or
  • laboratory equipment,
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9
Q

through _______ thereafter proceed with the destruction
or burning of the same, in the PRESENCE OF THE ACCUSED or the PERSON/S from whom such items were
confiscated and/or seized, or HIS/HER REPRESENTATIVE or COUNSEL, a REPRESENTATIVE from the MEDIA and the DOJ,
CIVIL SOCIETY GROUPS and any ELECTED PUBLIC OFFICIAL
(Section 21)

A

PDEA

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10
Q

TRUE OR FALSE
The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject
item/s which, together
representative sample/s in the custody of the barangay officials ,
(Section 21)

A

False, it’s custody of PDEA

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11
Q

what will the Secretary of Justice do if the offender failed to appoint his/her representative within 72 hrs before burning the evidence of drugs?

(Section 21)

A

public attorney’s office

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12
Q

TRUE OR FALSE

After the promulgation and judgment in the criminal case, prosecutor shall inform the Board, request the court for leave to turn over the said representative sample/s to the government officials for proper disposition and destruction, within 72 hrs

(Section 21)

A

False, it’s PDEA and 24 hrs

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13
Q

who will implement the custody, disposition,
and burning or destruction of seized/surrendered dangerous drugs if Pending the organization of the PDEA,
(Section 21)

A

implemented by the DOH

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14
Q

TRUE OR FALSE
The Board shall grant of compensation to any person providing information and to law enforcers participating in the operation.
(Section 22)

A

True

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15
Q

will the person charged under ACT 9165 be allowed to avail of the provision on plea- bargaining? Yes or no?
(Section 23)

A

No.

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16
Q

TRUE OR FALSE
Any person convicted for
drug trafficking will not be granted a probation law
(Section 24)

A

True

17
Q

positive finding for the
use of dangerous drugs, shall be qualifying aggravating circumstance, penalty provided in __________ shall be applicable.
(Section 25)

A

Revised Penal Code

18
Q

What sections are for penalty?

A

Section 4 to Section 19

19
Q

(Section 26)

attempt or conspiracy to commit shall be
penalized by the same penalty prescribed for the commission of the same as provided under Act 9165:

A

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.

20
Q

(Section 27)
penalty for any officer misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts

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),
- perpetual disqualification from any public office,

21
Q

(Section 27)
what penalty for official found to have benefited from the proceeds of the trafficking of dangerous drugs or contributions or donations from natural or
juridical persons

A

shall be removed from office
and perpetually disqualified from holding any elective or appointive positions in the government, its divisions,
subdivisions, and intermediaries, including government-owned or –controlled corporations.