Section 90 to Section 94 Flashcards
Section 90 to Section 93 (Article XII Implementing Rules) and Section 94 (ARTICLE XII Implementing Rules and Regulations)
DOH, DILG, DOJ,
DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO shall promulgate in how many days to implement the provisions of this act?
(Section 94)
sixty (60) days the Implementing Rules and Regulations
Proceedings to reclassify, add, or
remove a drug or other substance may be be initiated by the _________ (8)
(Section 93)
- PDEA,
- the DOH, or by
petition from any interested party, including -manufacturer of a drug, -a medical society or association, -a pharmacy association, -a public interest group concerned with drug abuse, -a national or local government agency, or - an individual citizen.
True or False
the PDEA also may begin an
investigation of a drug AT ANY TIME based upon the information received from law enforcement laboratories, national
and local law enforcement and regulatory agencies, or other sources of information.
(Section 93)
True
Board after notice and hearing shall consider the following factors to be reclassified, added, or removed:
(Section 93)
- actual or relative potential for abuse;
- Scientific evidence of its pharmacological effect
- state of current scientific knowledge regarding the drug or other substance
- history and current pattern of abuse
- scope, duration, and significance of abuse
- Risk to public health
- Whether the substance is an immediate precursor of a substance already controlled under this Act
In section 93, Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification,
addition to or removal from the list of any drug by publishing such notice in any newspaper for at least how many times?
once a week for two (2) weeks.
In section 93, how many days for the Board to submit to congress a detailed reclassification, addition, or removal of any drug?
within 5 days
In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the
violations of this Act involving the TWO latter categories of drugs shall ________
(Section 93)
be imposed in all pending criminal prosecutions
In case a precursors and essential chemicals is reclassified as dangerous drug, involving precursors and essential chemicals shall _______
(Section 93)
be imposed in all pending
criminal prosecutions;
In case of the addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this Act shall arise until after the ___
(Section 93)
after the lapse of fifteen (15)
days
what penalty for Any government officer or employee tasked
with the prosecution of drug-related cases under this act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases,
(Section 92; mga pabaya or clumsy prosecution of drugs)
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.
(Section 91)
what penalty for member of law enforcement
agencies or any other government official and employee who, after due notice, fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without
any valid reason,
twelve (12) years and one (1) day to twenty
(20) years and a fine of not less than Five hundred thousand pesos (P500,000.00),
(Section 91)
immediate superior of the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph
two (2) months and one
(1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00)
member of the law enforcement
agency or government employee may be transferred or re-assigned for compelling reasons:
(Section 91)
- immediate superior shall notify the court where the case is pending (of order to transfer or re-assign) WITHIN 24 HOURS from its approval
- his/her immediate superior shall be penalized with
imprisonment not less than 2 months and one day to 6 years fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and perpetual absolute disqualification from public office
In section 90, which one who shall designate a special courts from among the existing Regional
Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act (9165)?
Supreme court
True or False the number of courts designated in each judicial region shall be NOT based on the population and the number of cases pending in their respective jurisdiction. (Section 90)
False, It should be based on the population and the number of cases pending in their
respective jurisdiction.