Comprehensive Dangerous Drugs Act of 2002 or R.A.
9165:
1. Definition of terms:
a. Drugs
b. dangerous drugs/illegal drugs
c. legal drugs
d. drug paraphernalia/s
e. controlled precursors and essential chemicals
2. What is mala in se and mala prohibita?
a. Is R.A. 9165 is mala in se or mala prohibita?
3. Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution
and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
a. Selling dangerous drugs?
- Commercial quantity of drugs
- Attempted, frustrated and consummated crime of selling
illegal drugs
b. Trading dangerous drugs?
i. Illegal trafficking using electronic devices
ii. Acting as broker
c. Administering dangerous drugs?
d. Dispensing or dispatching dangerous drugs?
e. Delivering dangerous drugs
f. Distributing or giving away dangerous drugs
g. Transporting dangerous drugs
i. Importation of dangerous drugs
Section 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
a. What is importation?
ii. Difference from importing and transporting dangerous drugs
4. Section 26. Attempt or Conspiracy.
5. Section 6. Maintenance of a Den, Dive or Resort.
a. What do you mean by the word maintenance?
6. Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
7. Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources Thereof.
a. What is cultivation or culture?
8. What is possession?
9. What is doctrine of constructive possession?
a. What is the difference between actual, constructive and joint
possession?
10. Section 11. Possession of Dangerous Drugs.
11. Section 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
12. Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
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13. Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings.
14. What do you mean by the word use?
15. Section 15. Use of Dangerous Drugs
a. Apprehended for drug-related crime
b. Presumption of used of drugs
c. Penalty of Rehabilitation
16. Section 18 and 19. Unnecessary and unlawful Prescription of Dangerous
Drugs
What happened to the drugs after confiscating from the suspect?
17. Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the
Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. \
What is the rule on chain of custody on drugs cases?
18. "SEC. 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment, as amended by R.A. 10640
a. What are the four links?
b. Inventory and photograph of seized evidence
- Three witnesses rule
- Non-compliance with three witness rule
- Justifiable grounds for not complying with three-witness rule
c. Rules on Marking of Seized Evidence
d. Confiscation Receipt
e. Who is the confidential informant?
Rules on Plea-bargaining agreement?
19. What is plea-bargaining agreement?
20. Section 23. Plea-Bargaining Provision
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