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THE COMPREHENSIVE
DANGEROUS
DRUGS ACT OF 2002
R.A. No. 9165
(Repealing R.A. No. 6425, otherwise known as
The Dangerous Drugs Act of 1972)
For:
ATTY. JOSE ARTURO C. DE CASTRO
Professor, Special Penal Laws
By:
KRISTINE ABEGAILE R. CLAVIO
KRISHA FABIA
ABRAME-LIONEL GAMALIEL A. OLYMPIA
ALLAN CARLO H. SOLLER
3rd Year, Section D
Ateneo de Manila University Law School
Hence, under Rule 120, Section 3: When two or more offenses are
charged in a single complaint or information but the accused fails to
object to it before trial, the court may convict him of as many
offenses as are charged and proved, and impose on him the penalty
for each offense, setting out separately the findings of fact and law
in each offense.
had the intent to possess (animus posidendi) the drugs. Possession, under
the law, includes not only actual possession, but also constructive
possession.
Actual possession exists when the drug is in the immediate physical
possession or control of the accused. On the other hand, constructive
possession exists when the drug is under the dominion and control of the
accused or when he has the right to exercise dominion and control over
the place where it is found. Exclusive possession or control is not
necessary. The accused cannot avoid conviction if his right to exercise
control and dominion over the place where the contraband is located, is
shared with another.
Page 6 of 15
Correct Answer: c
Source:
G.R. Nos. 136149-51, People v. Walpan Ladjaalam, September 19,
2000.
A drug den is a lair or hideaway where prohibited or regulated drugs are
used in any form or are found. Its existence may be proved not only by
direct evidence but may also be established by proof of facts and
circumstances, including evidence of the general reputation of the house,
or its general reputation among police officers That the appellant did not
deny the ownership of the house and its extension lent credence to the
prosecutions story.
He is not a protector. Section 3 (ee) provides the definition for a coddler. A
coddler is one who consents to the use of drugs AND uses his influence to
protect the drug dealer from the proper authorities. Rigel, in this case,
used no influence to protect Krisha from the authorities. His INTENT is
immaterial since the Dangerous Drugs Act is a special law.
Source:
Sec.7 of Rep. Act No. 6425, as amended.
A visitor of a drug den is any person who is aware of the nature of the
place as such and shall knowingly visit the same.
10.
What are essential for the conviction of the accused? A) the
marked money, B) the presentation of the informant, C) Proof of Sale
D) Presentation in Court of the Substance Seized.
a.
b.
c.
d.
e.
Correct Answer: c
Sources:
People v. Romeo del Mundo, December 6, 2006; People v. Salvador
Dumlao y Agliam
A is not essential, the presentation of the marked money is not essential
for the conviction of the accused.
B is not essential.
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C and D are Essential. What is material is the proof that the transaction or
sale actually took place, coupled with presentation in court of the
substance seized as evidence.
11.
What is/are the drug/s that was/were formerly included in R.A.
6425 which is/are also included in R.A. 9165?
a.
b.
c.
d.
e.
Ecstacy
Marijuana
PMA
LSD
All of the above
Correct Answer: b
Source:
RA 6425, as amended by R.A. 9165 and Updated Penal Laws by
Prof. Oscar Pimentel
12.
Is a person charged under any of the provisions of RA 9165,
regardless of the imposable penalty, allowed to avail of the provision
of plea-bargaining?
a.
b.
c.
d.
e.
Correct Answer: e
Source:
RA 6425, as amended by R.A. 9165 and Updated Penal Laws by
Prof. Oscar Pimentel
13.
Can a person convicted for drug trafficking or pushing under
RA 9165, regardless of the penalty imposed, avail of the privilege
granted by the Probation law of PD No. 968?
Page 11 of 15
a.
b.
c.
d.
e.
Correct Answer: d
Source:
RA 6425, as amended by R.A. 9165 and Updated Penal Laws by
Prof. Oscar Pimentel
14.
Who are the persons required to undergo mandatory drug
testing as mandated by RA 9165?
a. Applicants for drivers license, firearms license and permit to carry firearms
outside the residence.
b. Officers and members the military, police and other law enforcement
agencies
c. Members of paramilitary units and civilian volunteer organization.
d. All except a
e. All except c
Correct answer: e
Source:
RA 6425, as amended by R.A. 9165 and Updated Penal Laws by
Prof. Oscar Pimentel
15.
What is/are the act/s punishable under RA 9165?
a. Importation of any controlled precursor and essential chemical.
b. Organizing, managing, or acting as a financier of any of the illegal
activities penalized under Section 4 of the Law.
c. Acting as protector/coddler of anyone who violates Section 4 of the Law
d. b and c only.
e. c, a and b.
Correct answer: e
Source:
RA 6425, as amended by R.A. 9165 and Updated Penal Laws by
Prof. Oscar Pimentel
Page 12 of 15
17.
Were the facts sufficient that Buboy may be held accountable
for the illegal possession of Dangerous Drugs?
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a. No, because he was not in possession of a regulated drug. The tablet left
on the table was not in his possession.
b. No, he was not freely and consciously possessing the drug because he was
intoxicated.
c. No, because he has no knowledge that the drug is a regulated drug.
d. Yes, All the elements of illegal possession of dangerous drugs are present.
e. Yes, All the elements of illegal possession of dangerous drugs are present
including criminal intent.
e. None of the above.
Correct Answer: d.
He was in possession of the tablet for after the sale was consummated, he
has total control over the tablets regardless of the place where it was found.
The fact that he bought it reluctantly proves that he has some inkling that he
is buying an illegal drug.
Criminal intent is not an essential element since Illegal possession is mala
prohibita.
Source:
PEOPLE V TORRES, G.R. NO. 170837, SEPTEMBER 12, 2006
To be liable for possession of regulated drugs, under Sec 16 RA 6425, the
following elements must concur: a) the accused is found in possession of a
regulated drug b) the person is not authorized by law or by duly constituted
authorities c) the accused has knowledge that the said drug is a regulated
drug.
18.
Statement 1: It was necessary for Buboy to have exclusive
possession or control over the table where they were staying for
conviction
Statement 2: Buboy is deemed to have in possession of the tablet
left on the table
a. Statement 1 is True while Statement 2 is False.
b. Statement 1 is False while Statement 2 is True.
c. Both Statements are True.
d. Both Statements are False.
Correct Answer: b, exclusive possession or control over the place where the
contraband is located is not necessary. Possession may either be actual or
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19.
Assuming that Lady Chrissie was convicted of illegal sale of
dangerous drugs, the penalty to be imposed will be:
a. Dependent on the quantity of the tablet found
b. Dependent on the availing aggravating and mitigating circumstances
c. Maximum imposed by law since Buboy was still a minor
c. Maximum imposed by law since Lady Chrissie has the essential element of
mens rea
Correct answer: c, buboy was still 17 when the incident happened. He went
out a few weeks before his 18th birthday.
Source: PEOPLE V SY, G.R. NO 185284, JUNE 22, 2009
The penalty for the sale of regulated drugs is based, as a rule on the quantity
thereof. The exception is where the victim is a minor or where the regulated
drug involved is the proximate cause of the death of the victim. In such
cases, the maximum penalty prescribed in Sec 15 RA 6425 as amended by
RA 7659 i.e. death, shall be imposed, regardless of the quantity of the
prohibited drugs involved.
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