Title 5 - (190-200) SKIPPED Flashcards
Title Five
Crimes Relative to Opium and other Prohibited Drugs
R.A. _____, as amended by R.A. _____, otherwise known as the _______, as amended by R.A. No. ____, repealed Articles _____
R.A. 6525, as amended by R.A. 9165, otherwise known as the Comprehensive Drug Act of 2002, as amended by R.A. No. 10640, repealed Articles 190-194
Will the RPC (RA 3814) apply to RA 9165?
No. The provisions of the RPC shall not apply to RA 9165 except in cases where the offender is a MINOR to which the penalty shall be reclusion perpetua to death (and not life imprisonment-death)
What are the acts punished in RA 9165 or Comprehensive Drug Act of 2002?
- large-scale POV
- factory POV
- possessor’s POV
- # professional’s POV
- Importation of dangerous drugs and/or controlled precursors and essential chemicals;
- [stadddt] Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals;
- Maintenance of a dangerous drug den, dive or resort;
- Being employees or visitors of a dangerous drug den, dive or resort;
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5. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals;
- Illegal chemical diversion of controlled precursors and essential chemicals;
- # Manufacture or delivery of [eiaop] equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals;~6~ acts
- Possession of dangerous drugs;
- Possession of [eaiop*] equipment, instrument, apparatus and other paraphernalia for dangerous drugs;
- POSSESSION of dangerous drugs DURING parties, social gatherings or meetings;
- Possession of [eiaop] equipment, instrument, apparatus and other paraphernalia for dangerous drugs DURING parties, social gatherings or meetings;
- Use of dangerous drugs;
- Cultivation or culture of plants classified as dangerous drugs or are sources thereof;
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14. Failure to maintain and keep original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals;
- Unnecessary prescription of dangerous drugs; and
- Unlawful prescription of dangerous drugs.
specific unlawful acts that will be punished in the first act punishable in 9165
- no matter how small the quantity (0.0001g of shabu)
- no matter how impure (12% crystalline meth)
- even if such drug is for floral, decorative, or culinary purposes
these will be punished
The maximum penalty provided for under this Section shall be imposed upon ANY PERSON, who, [unless] authorized under this Act, shall import or bring into the Philippines any dangerous drug and/ or controlled precursor and essential chemical through the use of a
- diplomatic passport,
- diplomatic facilities or - any other means involving his/her official status intended to facilitate the unlawful entry of the same.
In addition, the diplomatic passport shall be confiscated and canceled.
skipped the details of each act
skipped the details of each act